    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
    [113rd Congress]
    [House Document 112-161]
    [Legislate Procedures Enacted in Law]
    [Pages 1203-1206]
    [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 1204]]

      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 1205]]

    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 1206]]

      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)).

      ``(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)