Title 2The CongressRelease 119-73

§359 Effective date of recommendations of President

Title 2 › Chapter CHAPTER 11— - CITIZENS’ COMMISSION ON PUBLIC SERVICE AND COMPENSATION › § 359

Last updated Apr 6, 2026|Official source

Summary

The President’s pay recommendations do not take effect unless Congress passes a law that approves them exactly as sent. That law must be passed by a recorded vote showing how each Member voted. Within the 60-calendar-day period after the President sends the recommendations, the majority leader (or a designee) can force priority consideration of a bill or joint resolution that approves them in full. If Congress approves the recommendations, the pay changes start on the date the President proposed. But they will not take effect unless a Representatives’ election happens between the date the approval becomes law and the earliest proposed effective date. An “election of Representatives” means the election held on the Tuesday after the first Monday in November of any even-numbered year.

Full Legal Text

Title 2, §359

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(1)None of the President’s recommendations under section 358 of this title shall take effect unless approved under paragraph (2).
(2)(A)The recommendations of the President under section 358 of this title 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 section 358 of this title, 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 section 358 of this title 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 section 358 of this title) 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1989—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.” 1985—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. 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. 1977—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. Par. (2). Pub. L. 95–19 reenacted par. (2) without change.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

2 U.S.C. § 359

Title 2The Congress

Last Updated

Apr 6, 2026

Release point: 119-73