§ 359. Effective date of recommendations of President

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1967

   Federal Salary Act of 1967

   Pub. L. 90–206 title II § 225(i) · 81 Stat. 612

   Enacted · 2 U.S.C. § 359

   Pub. L. 90–206, title II, § 225(i), Dec. 16, 1967, 81 Stat. 644

   Source evidence

   Code source credit
   Pub. L. 90–206, title II, § 225(i), Dec. 16, 1967, 81 Stat. 644

   Enacted provision · exact public law section
   (i) Effective Date of Recommendations of the President.— (1) Except as provided in paragraph (2) of this subsection, all or part (as the case may be) of the recommendations of the President transmitted to the Congress in the budget under subsection (h) of this section shall become effective at the beginning of the first pay period which begins after the thirtieth day following the transmittal of such recommendations in the budget; but only to the extent that, between the date of transmittal of such recommendations in the budget and the beginning of such first pay period— (A) there has not been enacted into law a statute which establishes rates of pay other than those proposed by all or part of such recommendations, (B) neither House of the Congress has enacted legislation which specifically disapproves all or part of such recommendations, or (C) both. (2) Any part of the recommendations of the President may, in accordance with express provisions of such recommendations, be made operative on a date later than the date on which such recommendations otherwise are to take effect.

2. 1977

   Emergency Unemployment Compensation Extension Act of 1977

   Pub. L. 95–19 title IV § 401(a) · 91 Stat. 39

   Substituted · 2 U.S.C. § 359(1)

   Pub. L. 95–19 substituted provisions directing each house of the Congress to conduct a separate vote within sixty days on each Presidential recommendation with respect to the offices and positions described in section 356(A), (B), (C), and (D) of this title, with the votes to be recorded so as to reflect the votes of each individual member and with each recommendation, if approved, to become effective for the offices and positions covered at the beginning of the first pay period which begins after the thirtieth day following the approval of the recommendation by the second house of the Congress to approve the recommendation, for provisions directing that all or part of the recommendations of the President transmitted to the Congress in the budget under section 358 of this title be effective at the beginning of the first pay period beginning after the thirtieth day following the transmittal of the recommendations to the budget, but only to the extent that, between the date of transmittal of the recommendations in the budget and the beginning of the pay period, there has not been enacted into law a statute establishing rates of pay other than the rates set in the recommendation, neither house of the Congress specifically disapproves all or part of the recommendations, or both

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 95–19 substituted provisions directing each house of the Congress to conduct a separate vote within sixty days on each Presidential recommendation with respect to the offices and positions described in section 356(A), (B), (C), and (D) of this title, with the votes to be recorded so as to reflect the votes of each individual member and with each recommendation, if approved, to become effective for the offices and positions covered at the beginning of the first pay period which begins after the thirtieth day following the approval of the recommendation by the second house of the Congress to approve the recommendation, for provisions directing that all or part of the recommendations of the President transmitted to the Congress in the budget under section 358 of this title be effective at the beginning of the first pay period beginning after the thirtieth day following the transmittal of the recommendations to the budget, but only to the extent that, between the date of transmittal of the recommendations in the budget and the beginning of the pay period, there has not been enacted into law a statute establishing rates of pay other than the rates set in the recommendation, neither house of the Congress specifically disapproves all or part of the recommendations, or both.

   Enacted provision · exact public law section
   (a) Section 225(i) of Public Law 90–206 is amended to read as 2 USC 359. follows: “(i) Effective date of and congressional approval of recommendations of the President— “(1) Within sixty calendar days of the submission of the President’s recommendations to the Congress, each House shall conduct a separate vote on each of the recommendations of the President with respect to the offices and positions described in subparagraphs (A), (B), (C), and (D) of subsection (f) of this section, and shall thereby approve or disapprove the recommendations of the President regarding each such subparagraph. Such votes shall be recorded so as to reflect the votes of each individual Member thereon. If both Houses approve by majority vote the recommendations pertaining to the offices and positions described in any such subparagraph, the recommendations shall become effective for the offices and positions covered by such subparagraph at the beginning of the first pay period which begins after the thirtieth day following the approval of the recommendation by the second House to approve the recommendation. “(2) Any part of the recommendations of the President may, in accordance with express provisions of such recommendations, be made operative on a date later than the date on which such recommendations otherwise are to take effect.”.

3. 1977

   Emergency Unemployment Compensation Extension Act of 1977

   Pub. L. 95–19 title IV § 401(a) · 91 Stat. 39

   Changed · 2 U.S.C. § 359(2)

   Pub. L. 95–19 reenacted par. (2) without change

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 95–19 reenacted par. (2) without change.

   Enacted provision · exact public law section
   (a) Section 225(i) of Public Law 90–206 is amended to read as 2 USC 359. follows: “(i) Effective date of and congressional approval of recommendations of the President— “(1) Within sixty calendar days of the submission of the President’s recommendations to the Congress, each House shall conduct a separate vote on each of the recommendations of the President with respect to the offices and positions described in subparagraphs (A), (B), (C), and (D) of subsection (f) of this section, and shall thereby approve or disapprove the recommendations of the President regarding each such subparagraph. Such votes shall be recorded so as to reflect the votes of each individual Member thereon. If both Houses approve by majority vote the recommendations pertaining to the offices and positions described in any such subparagraph, the recommendations shall become effective for the offices and positions covered by such subparagraph at the beginning of the first pay period which begins after the thirtieth day following the approval of the recommendation by the second House to approve the recommendation. “(2) Any part of the recommendations of the President may, in accordance with express provisions of such recommendations, be made operative on a date later than the date on which such recommendations otherwise are to take effect.”.

4. 1985

   Pub. L. 99–190 § 135(e) · 99 Stat. 1185

   1. Amended · 2 U.S.C. § 359(1)

      Pub. L. 99–190 amended par. (1) generally

   2. Substituted · 2 U.S.C. § 359(1)

      Pub. L. 99–190 substituting provisions relating to the effective date of Presidential recommendations transmitted to Congress pursuant to section 358 of this title, for provisions relating to voting requirements and procedures for Presidential recommendations to Congress

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 99–190 amended par. (1) generally, substituting provisions relating to the effective date of Presidential recommendations transmitted to Congress pursuant to section 358 of this title, for provisions relating to voting requirements and procedures for Presidential recommendations to Congress.

   Enacted provision · exact public law section
   (e) Section 225(i) of such Act (2 U.S.C. 359) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: “(i) Effective Date of Recommendations of the President.— “(1) The recommendations of the President which are transmitted to the Congress pursuant to subsection (h) of this section shall be effective as provided in paragraph (2) of this subsection unless any such recommendation is disapproved by a joint resolution agreed to by the Congress not later than the last day of the 30-day period which begins on the date of which such recommendations are transmitted to the Congress. “(2) The effective date of the rate or rates of pay which take effect for an office or position under paragraph (1) of this subsection shall be the first day of the first pay period which begins for such office or position after the end of the 30-day period described in such paragraph.”.

5. 1985

   Pub. L. 99–190 § 135(e) · 99 Stat. 1185

   1. Amended · 2 U.S.C. § 359(2)

      Pub. L. 99–190 amended par. (2) generally

   2. Substituted · 2 U.S.C. § 359(2)

      Pub. L. 99–190 substituting provisions relating to effective date of rates of pay for offices or positions under par. (1), for provisions relating to later operative dates of Presidential recommendations

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 99–190 amended par. (2) generally, substituting provisions relating to effective date of rates of pay for offices or positions under par. (1), for provisions relating to later operative dates of Presidential recommendations.

   Enacted provision · exact public law section
   (e) Section 225(i) of such Act (2 U.S.C. 359) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: “(i) Effective Date of Recommendations of the President.— “(1) The recommendations of the President which are transmitted to the Congress pursuant to subsection (h) of this section shall be effective as provided in paragraph (2) of this subsection unless any such recommendation is disapproved by a joint resolution agreed to by the Congress not later than the last day of the 30-day period which begins on the date of which such recommendations are transmitted to the Congress. “(2) The effective date of the rate or rates of pay which take effect for an office or position under paragraph (1) of this subsection shall be the first day of the first pay period which begins for such office or position after the end of the 30-day period described in such paragraph.”.

6. 1989

   Ethics Reform Act of 1989

   Pub. L. 101–194 title VII § 701(g) · 103 Stat. 1716

   Amended · 2 U.S.C. § 359

   Pub. L. 101–194 amended section generally. Prior to amendment, section read as follows:

   Source evidence

   Code amendment note
   Pub. L. 101–194 amended section generally. Prior to amendment, section read as follows:

   “(1) The recommendations of the President which are transmitted to the Congress pursuant to section 358 of this title shall be effective as provided in paragraph (2) of this section unless any such recommendation is disapproved by a joint resolution agreed to by the Congress not later than the last day of the 30-day period which begins on the date of which such recommendations are transmitted to the Congress. “(2) The effective date of the rate or rates of pay which take effect for an office or position under paragraph (1) of this section shall be the first day of the first pay period which begins for such office or position after the end of the 30-day period described in such paragraph.”

   Enacted provision · exact public law section
   (g) Effective Date of Recommendations of the President.— Section 225(i) of such Act (2 U.S.C. 359) is amended to read as follows: “(i) Effective Date of Recommendations of the President.— “(1) None of the President’s recommendations under subsection (h) shall take effect unless approved under paragraph (2). “(2) (A) The recommendations of the President under subsection (M shall be considered approved under this paragraph if there is enacted into law a bill or joint resolution approving such recommendations in their entirety. This bill or joint resolution shall be passed by recorded vote to reflect the vote of each Member of Congress thereon. “(B) (i) The provisions of this subparagraph are enacted by the Congress— “(I) as an exercise of the rulemaking power of the Senate and the House of Representatives and as such shall be considered as part of the rules of each House, and shall supersede other rules only to the extent that they are Inconsistent therewith; and “(II) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. “(ii) During the 60-calendar-day period beginning on the date that the President transmits his recommendations to the Congress under subsection (h), it shall be in order as a matter of highest privilege in each House of Congress to consider a bill or joint resolution, if offered by the majority leader of such House (or a designee), approving such recommendations in their entirety. “(3) Except as provided in paragraph (4), any recommended pay adjustment approved under paragraph (2) shall take effect as of the date proposed by the President under subsection (h) with respect to such adjustment. “(4) (A) Notwithstanding the approval of the President’s pay recommendations in accordance with paragraph (2), none of those recommendations shall take effect unless, between the date on which the bill or resolution approving those recommendations is signed by the President (or otherwise becomes law) and the earliest date as of which the President proposes (under subsection (h)) that any of those recommendations take effect, an election of Representatives shall have intervened. “(B) For purposes of this paragraph, the term ‘election of Representatives’ means an election held on the Tuesday following the first Monday of November in any even-numbered calendar year.”.

8 of 8 references resolved to an enrolled provision