PAY INCREASES

Commission on Executive, Legislative, and Judicial Salaries

Procedure for Pay Increases and Congressional Procedure To Alter or Invalidate:

[§ 358. Recommendations of the President to Congress]

The President shall include, in the budget next transmitted by him to the Congress after the date of the submission of the report and recommendations of the Commission under section 357 of this title, his recommendations with respect to the exact rates of pay which he deems advisable, for those offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of section 356 of this title. As used in this section, the term "budget" means the budget referred to in section 11 of title 31. (Dec. 16, 1967, Pub. L. 90-206, § 225 (h), 81 Stat. 644.)

Subsections (A), (B), (C), and (D) mentioned above refer to Members of Congress of both Houses, the heads of certain congressional agencies, justices, judges, and certain other personnel in the judicial branch, and levels I-V of the Executive Schedule.

[§ 359. Same, Effective Date]

(1) Except as provided in paragraph (2) of this section all or part (as the case may be) of the recommendations of the President transmitted to the Congress in the budget under section 358 of this title shall become effective at the beginning of the first day 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. (Dec. 16, 1967, Pub. L. 90-206, § 225 (i), 81 Stat. 644.)

Federal Pay Comparability Act of 1974 Congressional Procedure To Invalidate Pay Increases Under Alternative Pay Plan:

In 1971 Congress enacted Public Law 91-656 (84 Stat. 1946; 5 U.S.C. 5305) establishing a Federal pay comparability system with respect to the General Schedule, the Foreign Service, and the Department of Medicine and Surgery, Veterans' Administration. That Act directed the President to transmit to Congress reports on pay adjustment, and if he finds it inappropriate to make a pay adjustment, which he shall transmit to Congress before September 1st of that year, giving an "alternative plan with respect to a pay adjustment as he considers appropriate,' which will become "effective on the first day of the first applicable pay period commencing on or after October 1 of the applicable year and continues in effect unless, before the end of the first period of 30 calendar days of continuous session of Congress after the date on which the alternative plan is transmitted, .." either House adopts a resolution disapproving the plan.

Any such resolution on the alternative plan is privileged business and after its reference, if the committee does not file a report on the resolution within 10 calendar days, a motion to discharge the committee will be privileged and voted upon after I hour debate. Once such a resolution is before the Senate, it is debatable for 2 hours, and a motion to take it up is privileged and not debatable. The resolution may not be recommitted, reconsidered, or amended. For details on procedure and control of debate on such resolutions, see 5 USC 5305 (84 Stat. 1946).

PENDING BUSINESS

Pending business becomes the unfinished business upon adjournment, when there is no unfinished business. See "Consideration, Question of," pp. 332-354; "Unfinished Business," pp. 864-872.

A bill taken up by unanimous consent becomes the pending business on the taking of a recess when there is no unfinished business.1

PENDING QUESTION

See also "Consideration, Question of," pp. 332-354; "Morning Hour," pp. 544-550; "Unfinished Business," pp. 864-872.

When a question is pending, and a Senator addressing the Chair concludes his address to the question, and no one immediately seeks recognition, it is the duty of the Chair to state the pending question to the Senate.1

PERFECTING AMENDMENTS

See "Amendments," pp. 18-82.

Debate of:

PERSONAL PRIVILEGE

See "Personal Privilege, Debate of," pp. 424-425.

Germaneness of Debate:

During the consideration of morning business, a Senator may rise to a question of personal privilege, but he must confine himself to the question, and the same is true during a call of the Calendar.'

Journal, Reading of, Takes Precedence Over:

See "Correction and Reading of Journal of Highest Privilege," p. 518.

Matters Ruled Not To Be Personal Privilege:

A resolution providing for an investigation of presidential campaign expenditures is not a matter affecting the privileges of the Senate or a point of personal privilege.*

1 Sept. 22, 1950, 81-2, Record, p. 15501.

Feb. 16, 1925, 68-2, Record, p. 3792; Sept. 16, 1922, 67-2, Record, p. 12738. Apr. 11, 1951, 82-1, Record, p. 3619; see also Feb. 16, 1925, 68-2, Record, p. 3792.

*Aug. 24, 1912, 62–2, Journal, p. 617, Record, pp. 11792–93.

Privileged Business:

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A Senator may rise to a question of personal privilege at any time, but he cannot interrupt or take another Senator from the floor for that purpose without the latter's consent; and a Senator is not required to yield on a question of personal privilege raised by another Senator."

During the transaction of morning business, a speech by a Senator is not in order unless on a question of personal privilege.

Question of Personal Privilege-When Out of Order:

The reading of the Journal cannot be interrupted by a question of personal privilege.

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It is not in order to rise to a question of personal privilege in connection with a motion made at the hour of 1 o'clock to proceed to the consideration of a motion relating to Senate amendments to a House bill.10

A question of personal privilege is not in order pending action on a motion in the Morning Hour to proceed to the consideration of a matter."1

Recognition Before Addressing Senate:

A Senator who has the floor would have to yield it before another could address the Senate on a point of personal privilege.12

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PETITIONS

See "Communications and Messages to the Senate," pp. 266–276.

Apr. 11, 1951, 82-1, Record, p. 3619.

Feb. 17, 1915, 63-3, Record, pp. 3941, 3942, 3943; Feb. 19, 1925, 68-2, Record, p. 4156; July 8, 1937, 75-1, Journal, p. 404, Record, p. 6898; June 12, 1952, 82-2, Record, p. 7090; July 5, 1952, 82-2, Record, p. 9540; Mar. 27, 1947, 80-1, Record, p. 2702; May 14, 1940, 76–3, Record, p. 6061; Apr. 16, 1940, 76–3, Record, pp. 4575, 4577; July 8, 1937, 75-1, Journal, p. 404, Record, p. 6898; Mar. 13, 1933, 73-1, Record, p. 267; Sept. 21, 1922, 67-2, Record, p. 13079; June 3, 1953, 83-1, Record, p. 5957; June 28, 1939, 76-1, Record, p. 8113; see also Oct. 13, 1949, 81–1, Record, pp. 14412-13; Apr. 16, 1940, 76–3, Record, p. 4575.

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May 14, 1940, 76-3, Record, p. 6061; Mar. 27, 1947, 80-1, Record, p. 2702; June 19, 1948, 80-2, Record, pp. 8966, 8968; July 5, 1952, 82-2, Record, p. 9540.

PETITIONS ON NOMINATIONS

See "Legislative Session-Executive Business Out of Order," pp. 557-558; "Petitions," p. 481.

PHOTOGRAPHS OF CHAMBER

It is against the rules for a photographer to take a picture of the Senate Chamber while the Senate is in session."

On two occasions in 1949, while the Senate was sitting in its old Chamber during the remodeling of the one it presently occupies, unanimous consent was given for photographing of the Senate while sitting."

1July 19, 1950, 81-2, Record, p. 10568.

'July 5, 1949, 81-1, Record, pp. 8809-10; July 6, 1949, 81-1, Record, p. 8886.

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