2 U.S.C. § 360

Effect of recommendations on existing law and prior recommendations

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The recommendations of the President taking effect as provided in section 359 of this title 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 section 358 of this title and ending on the date of their approval under section 359(2) of this title), and(B) any prior recommendations of the President which take effect under this chapter.(Pub. L. 90–206, title II, § 225(j), Dec. 16, 1967, 81 Stat. 644; Pub. L. 95–19, title IV, § 401(b), Apr. 12, 1977, 91 Stat. 46; Pub. L. 99–190, § 135(f), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title VII, § 701(h), Nov. 30, 1989, 103 Stat. 1766.)Editorial NotesAmendments

1989—Cl. (A). Pub. L. 101–194 substituted “(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 section 358 of this title and ending on the date of their approval under section 359(2) of this title), and” for “(other than any provision of law enacted in the period specified section 359 of this title with respect to such recommendations), and”.

1985—Pub. L. 99–190 substituted “taking effect as provided in section 359 of this title shall” for “transmitted to the Congress immediately following a review conducted by the Commission in one of the fiscal years referred to in section 352(2) and (3) of this title shall, if approved by the Congress as provided in section 359 of this title,”, and in cl. (A) struck out “in paragraph (1) of” before “section 359 of this title”.

1977—Pub. L. 95–19 inserted “, if approved by the Congress as provided in section 359 of this title,”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 2 cases, 1977–1987 · leading case: Atkins v. United States, 214 Ct. Cl. 186 (Ct. Cl. 1977).

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Atkins v. United States, 214 Ct. Cl. 186 (Ct. Cl. 1977). “2 U.S.C. § 360 (1970). For articles critical of the constitutionality of the legislative veto, see Ginnane, The Control of Federal Administration by Congressional Resolutions and Committees, 66 Harv.”

Humphrey v. Baker, 665 F. Supp. 23 (D.D.C. 1987). · cites it 2× “For example, 2 U.S.C. § 360 continues to recognize that the Congress may disapprove a Presidential recommendation by joint resolution during the 30-day period or supersede it by legislation enacted during or subsequent to that 30-day period.”

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