[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
[112nd Congress]
[House Document 111-157]
[Legislate Procedures Enacted in Law]
[Pages 1193-1197]
[From the U.S. Government Publishing Office, www.gpo.gov]
12. Federal Salary Act of 1967, Sec. 225(h)-(j) [2 U.S.C. 358-60]
[[Page 1194]]
Sec. 225. citizens' commission on public service and compensation.-- *
* *
(h) recommendations of the president with respect to pay [2
U.S.C. 358].-- * * * (2) The President shall transmit his
recommendations under this subsection to Congress on the first Monday
after January 3 of the first calendar year beginning after the date on
which the Commission submits its report and recommendations to the
President under subsection (g) [2 U.S.C. 357].
(i) effective date of recommendations of the president [2 U.S.C.
359].--(1) None of the President's recommendations under subsection (h)
[2 U.S.C. 358] shall take effect unless approved under paragraph (2).
(2)(A) The recommendations of the President under subsection (h) [2
U.S.C. 358] 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) [2 U.S.C. 358], 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) [2 U.S.C. 358] with
respect to such adjustment.
[[Page 1195]]
those recommendations is signed by
the President (or otherwise becomes law) and the earliest date as of
which the President proposes (under subsection (h) [2 U.S.C. 358]) that
any of those recommendations take effect, an election of Representatives
shall have intervened.
(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
(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.
(j) effect of recommendations on existing law and prior
recommendations [2 U.S.C. 360].--The recommendations of the President
taking effect as provided in section 225(i) [2 U.S.C. 359] shall be held
and considered to modify, supersede, or render inapplicable, as the case
may be, to the extent inconsistent therewith--
(A) all provisions of law enacted prior to the effective date
or dates of all or part (as the case may be) of such
recommendations (other than any provision of law enacted with
respect to such recommendations in the period beginning on the
date the President transmits his recommendations to the Congress
under subsection (h) [2 U.S.C. 358] and ending on the date of
their approval under subsection (i)(2) [2 U.S.C. 359(2)]), and
(B) any prior recommendations of the President which take
effect under this chapter.
[[Page 1196]]
In 1985, the Salary Act was amended to require a salary commission
report with respect to fiscal year 1987. The President transmitted
recommendations concerning that report in the fiscal year 1988 Budget
message (Jan. 5, 1987, H. Doc. 100-11). Because not disapproved by the
Congress in accordance with the Salary Act (2 U.S.C. 359), those
recommendations took effect on March 1, 1987. On return to the normal
quadrennial cycle, the President transmitted with the fiscal year 1990
Budget message recommendations concerning a salary commission report
with respect to fiscal year 1989 (Jan. 9, 1989, H. Doc. 101-21). Those
recommendations were disapproved by Public Law 101-1 (H. J. Res. 129,
101st Cong., Feb. 7, 1989, p. 1708). In 1989, the Salary Act was amended
to redesignate the Commission, refine the parameters for quadrennial
adjustments, and provide for privileged consideration of legislation to
approve adjustments recommended by the President. The quadrennial review
contemplated by the statute has not occurred since 1993. Adjustments are
to maintain equal levels of pay among the Speaker, the Vice President,
and the Chief Justice; among the Majority and Minority Leaders, the
President pro tempore of the Senate, and level I of the Executive
Schedule; and among Representatives, Senators, certain judges, and level
II of the Executive Schedule (2 U.S.C. 362).
Under section 311(d) of the Legislative Branch Appropriations
Act, 1988 (2 U.S.C. 60a-2a), the Speaker may adjust pay levels for
officers and employees of the House to maintain certain relationships
with comparable levels in the Senate and in the other branches of
government. This authority to issue ``pay orders'' is stated as follows:
``Sec. 311. * * * (d)(1) Notwithstanding any other provision of this
Act, or any other provision of law, rule, or regulation, hereafter each
time the President pro tempore of the Senate exercises any authority
pursuant to any of the amendments made by this section with respect to
rates of pay or any other matter relating to personnel whose pay is
disbursed by the Secretary of the Senate, or whenever any of the events
described in paragraph (2) occurs, the Speaker of the House of
Representatives may adjust the rates of pay (and any minimum or maximum
rate, limitation, or allowance) applicable to personnel whose pay is
disbursed by the Chief Administrative Officer of the House of
Representatives to the extent necessary to ensure--
``(A) appropriate pay levels and relationships between and
among positions held by personnel of the House of
Representatives; and
``(B) appropriate pay relationships between--
``(i) positions referred to in subparagraph (A); and
``(ii)(I) positions under subparagraphs (A) through
(D) of section 225(f) of the Federal Salary Act of 1967
[2 U.S.C. 356];
``(II) positions held by personnel whose pay is
disbursed by the Secretary of the Senate; and
``(III) positions to which the General Schedule
applies.
``(2) The other events permitting an exercise of authority under this
subsection are either--
``(A) an adjustment under section 5303 of title 5, United
States Code, in rates of pay under the General Schedule; or
``(B) an adjustment in rates of pay for Members of the House
of Representatives (other than an adjustment which occurs by
virtue of an adjustment described in subparagraph (A)).
[[Page 1197]]
``(3) For the purpose of this subsection, the term `Member of the
House of Representatives' means a Member of the House of
Representatives, a Delegate to the House of Representatives, and the
Resident Commissioner from Puerto Rico.''
Sec. 1130(13)