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2 U.S.C. § 357 (THE CONGRESS)
§ 357. Report by Commission to President with respect to pay
The Commission shall submit to the President a report of the results of each review conducted by the Commission with respect to rates of pay for the offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of section 356 of this title, together with its recommendations. Each such report shall be submitted on such date as the President may designate but not later than December 15 next following the close of the fiscal year in which the review is conducted by the Commission.
(Pub. L. 90–206, title II, § 225(g), Dec. 16, 1967, 81 Stat. 644; Pub. L. 99–190, § 135(c), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title VII, § 701(e), Nov. 30, 1989, 103 Stat. 1764.)
heading: Amendments
text: 1989—Pub. L. 101–194 amended section catchline generally and in text substituted “Commission with respect to rates of pay for” for “Commission of” and “December 15 next following the close of the fiscal year in which the review is conducted by the Commission.” for “December 15 of the fiscal year in which the review is conducted by the Commission.”
1985—Pub. L. 99–190 substituted “December 15” for “January 1 next following the close”.
heading: 1985 Fiscal Year Recommendations on Pay Rates of Offices and Positions
text: Pub. L. 99–190, § 135(g), Dec. 19, 1985, 99 Stat. 1323, provided that: “Notwithstanding section 225(g) of such Act (2 U.S.C. 357), the Commission on Executive, Legislative, and Judicial Salaries shall not make recommendations on the rates of pay of offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of section 225(f) of such Act (2 U.S.C. 356) in connection with the review of rates of pay of such offices and positions conducted by the Commission in fiscal year 1985.”
2 U.S.C. § 360 (THE CONGRESS)
§ 360. Effect of recommendations on existing law and prior recommendations
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.)
heading: Amendments
text: 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,”.
2 U.S.C. § 361 (THE CONGRESS)
§ 361. Publication of recommendations
The recommendations of the President which take effect shall be printed in the Statutes at Large in the same volume as public laws and shall be printed in the Federal Register and included in the Code of Federal Regulations.
(Pub. L. 90–206, title II, § 225(k), Dec. 16, 1967, 81 Stat. 644.)
2 U.S.C. § 362 (THE CONGRESS)
§ 362. Requirements applicable to recommendations
Notwithstanding any other provision of this chapter, the recommendations submitted by the Commission to the President under section 357 of this title, and the recommendations transmitted by the President to the Congress under section 358 of this title, shall be in conformance with the following:
(1) Any recommended pay adjustment shall specify the date as of which it is proposed that such adjustment take effect.
(2) The proposed effective date of a pay adjustment may occur no earlier than January 1 of the second fiscal year, and no later than December 31 next following the close of the fifth fiscal year, beginning after the fiscal year in which the Commission conducts its review under section 356 of this title.
(3)
(A)
(i) The rates of pay recommended for the Speaker of the House of Representatives, the Vice President of the United States, and the Chief Justice of the United States, respectively, shall be equal.
(ii) The rates of pay recommended for the majority and minority leaders of the Senate and the House of Representatives, the President pro tempore of the Senate, and each office or position under section 5312 of title 5 (relating to level I of the Executive Schedule), respectively, shall be equal.
(iii) The rates of pay recommended for a Senator, a Member of the House of Representatives, the Resident Commissioner from Puerto Rico, a Delegate to the House of Representatives, a judge of a district court of the United States, a judge of the United States Court of International Trade, and each office or position under section 5313 of title 5 (relating to level II of the Executive Schedule), respectively, shall be equal.
(B) Nothing in this section shall be considered to require that the rate recommended for any office or position by the President under section 358 of this title be the same as the rate recommended for such office or position by the Commission under section 357 of this title.
(Pub. L. 90–206, title II, § 225(l), as added Pub. L. 101–194, title VII, § 701(i), Nov. 30, 1989, 103 Stat. 1766.)
2 U.S.C. § 363 (THE CONGRESS)
§ 363. Additional function
The Commission shall, whenever it conducts a review under section 356 of this title, also conduct a review under this section relating to any recruitment or retention problems, and any public policy issues involved in maintaining appropriate ethical standards, with respect to any offices or positions within the Federal public service. Any findings or recommendations under this section shall be included by the Commission as part of its report to the President under section 357 of this title.
(Pub. L. 90–206, title II, § 225(m), as added Pub. L. 101–194, title VII, § 701(j), Nov. 30, 1989, 103 Stat. 1767.)
2 U.S.C. § 364 (THE CONGRESS)
§ 364. Provision relating to certain other pay adjustments
(1) A provision of law increasing the rate of pay payable for an office or position within the purview of subparagraph (A), (B), (C), or (D) of section 356 of this title shall not take effect before the beginning of the Congress following the Congress during which such provision is enacted.
(2) For purposes of this section, a provision of law enacted during the period beginning on the Tuesday following the first Monday of November of an even-numbered year of any Congress and ending at noon on the following January 3 shall be considered to have been enacted during the first session of the following Congress.
(3) Nothing in this section shall be considered to apply with respect to any pay increase—
(A) which takes effect under the preceding sections of this chapter;
(B) which is based on a change in the Employment Cost Index (as determined under section 704(a)(1) of the Ethics Reform Act of 1989) or which is in lieu of any pay adjustment which might otherwise be made in a year based on a change in such index (as so determined); or
(C) which takes effect under section 702 or 703 of the Ethics Reform Act of 1989.
(Pub. L. 90–206, title II, § 225(n), as added Pub. L. 101–194, title VII, § 701(k), Nov. 30, 1989, 103 Stat. 1767.)
heading: References in Text
text: Sections 702, 703, and 704(a)(1) of the Ethics Reform Act of 1989, referred to in par. (3)(B), (C), are sections 702, 703, and 704(a)(1) of Pub. L. 101–194 which are set out as notes under sections 5303 and 5318 of Title 5, Government Organization and Employees.
2 U.S.C. § 382 (THE CONGRESS)
§ 382. Notice of contest
(a) Filing of notice
Whoever, having been a candidate for election in the last preceding election and claiming a right to such office, intends to contest the election of a Member of the House of Representatives, shall, within thirty days after the result of such election shall have been declared by the officer or Board of Canvassers authorized by law to declare such result, file with the Clerk and serve upon the contestee written notice of his intention to contest such election.
(b) Contents and form of notice
Such notice shall state with particularity the grounds upon which contestant contests the election and shall state that an answer thereto must be served upon contestant under section 383 of this title within thirty days after service of such notice. Such notice shall be signed by contestant and verified by his oath or affirmation.
(c) Service of notice; proof of service
Service of the notice of contest upon contestee shall be made as follows:
(1) by delivering a copy to him personally;
(2) by leaving a copy at his dwelling house or usual place of abode with a person of discretion not less than sixteen years of age then residing therein;
(3) by leaving a copy at his principal office or place of business with some person then in charge thereof;
(4) by delivering a copy to an agent authorized by appointment to receive service of such notice;
(5) by mailing a copy by registered or certified mail addressed to contestee at his residence or principal office or place of business. Service by mail is complete upon mailing; or
(6) the verified return by the person so serving such notice, setting forth the time and manner of such service shall be proof of same, and the return post office receipt shall be proof of the service of said notice mailed by registered or certified mail as aforesaid. Proof of service shall be made to the Clerk promptly and in any event within the time during which the contestee must answer the notice of contest. Failure to make proof of service does not affect the validity of the service.
(Pub. L. 91–138, § 3, Dec. 5, 1969, 83 Stat. 284; Pub. L. 104–186, title II, § 211(3), Aug. 20, 1996, 110 Stat. 1744.)
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–186, § 211(3)(A), struck out “to the House of Representatives” after “for election”.
Subsec. (c)(4), (5). Pub. L. 104–186, § 211(3)(B), struck out “or” at end of par. (4) and inserted “or” at end of par. (5).
2 U.S.C. § 383 (THE CONGRESS)
§ 383. Response of contestee
(a) Answer
Any contestee upon whom a notice of contest as described in section 382 of this title shall be served, shall, within thirty days after the service thereof, serve upon contestant a written answer to such notice, admitting or denying the averments upon which contestant relies. If contestee is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this shall have the effect of a denial. Such answer shall set forth affirmatively any other defenses, in law or fact, on which contestee relies. Contestee shall sign and verify such answer by oath or affirmation.
(b) Defenses by motion prior to answer
At the option of contestee, the following defenses may be made by motion served upon contestant prior to contestee’s answer:
(1) Insufficiency of service of notice of contest.
(2) Lack of standing of contestant.
(3) Failure of notice of contest to state grounds sufficient to change result of election.
(4) Failure of contestant to claim right to contestee’s seat.
(c) Motion for more definite statement
If a notice of contest to which an answer is required is so vague or ambiguous that the contestee cannot reasonably be required to frame a responsive answer, he may move for a more definite statement before interposing his answer. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the committee is not obeyed within ten days after notice of the order or within such other time as the committee may fix, the committee may dismiss the action, or make such order as it deems just.
(d) Time for serving answer after service of motion
Service of a motion permitted under this section alters the time for serving the answer as follows, unless a different time is fixed by order of the committee: If the committee denies the motion or postpones its disposition until the hearing on the merits, the answer shall be served within ten days after notice of such action. If the committee grants a motion for a more definite statement the answer shall be served within ten days after service of the more definite statement.
(Pub. L. 91–138, § 4, Dec. 5, 1969, 83 Stat. 285.)
2 U.S.C. § 384 (THE CONGRESS)
§ 384. Service and filing of papers other than notice of contest
(a) Modes of service
Except for the notice of contest, every paper required to be served shall be served upon the attorney representing the party, or, if he is not represented by an attorney, upon the party himself. Service upon the attorney or upon a party shall be made:
(1) by delivering a copy to him personally;
(2) by leaving it at his principal office with some person then in charge thereof; or if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with a person of discretion not less than sixteen years of age then residing therein; or
(3) by mailing it addressed to the person to be served at his residence or principal office. Service by mail is complete upon mailing.
(b) Filing of papers with clerk
All papers subsequent to the notice of contest required to be served upon the opposing party shall be filed with the Clerk either before service or within a reasonable time thereafter.
(c) Proof of service
Papers filed subsequent to the notice of contest shall be accompanied by proof of service showing the time and manner of service, made by affidavit of the person making service or by certificate of an attorney representing the party in whose behalf service is made. Failure to make proof of service does not affect the validity of such service.
(Pub. L. 91–138, § 5, Dec. 5, 1969, 83 Stat. 286.)
2 U.S.C. § 385 (THE CONGRESS)
§ 385. Default of contestee
The failure of contestee to answer the notice of contest or to otherwise defend as provided by this chapter shall not be deemed an admission of the truth of the averments in the notice of contest. Notwithstanding such failure, the burden is upon contestant to prove that the election results entitle him to contestee’s seat.
(Pub. L. 91–138, § 6, Dec. 5, 1969, 83 Stat. 286.)
2 U.S.C. § 387 (THE CONGRESS)
§ 387. Notice of depositions
(a) Time for service; form
A party desiring to take the deposition of any person upon oral examination shall serve written notice on the opposing party not later than two days before the date of the examination. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined. A copy of such notice, together with proof of such service thereof, shall be attached to the deposition when it is filed with the Clerk.
(b) Testimony by stipulation
By written stipulation of the parties, the deposition of a witness may be taken without notice. A copy of such stipulation shall be attached to the deposition when it is filed with the Clerk.
(c) Testimony by affidavit; time for filing
By written stipulation of the parties, the testimony of any witness of either party may be filed in the form of an affidavit by such witness or the parties may agree what a particular witness would testify to if his deposition were taken. Such testimonial affidavits or stipulations shall be filed within the time limits prescribed for the taking of testimony in section 386 of this title.
(Pub. L. 91–138, § 8, Dec. 5, 1969, 83 Stat. 287.)
2 U.S.C. § 388 (THE CONGRESS)
§ 388. Subpena for attendance at deposition
(a) Issuance
Upon application of any party, a subpena for attendance at a deposition shall be issued by:
(1) a judge or clerk of the United States district court for the district in which the place of examination is located;
(2) a judge or clerk of any court of record of the State in which the place of examination is located; or
(3) a judge or clerk of any court of record of the county in which the place of examination is located.
(b) Time, method, and proof of service
Service of the subpena shall be made upon the witness no later than three days before the day on which his attendance is directed. A subpena may be served by any person who is not a party to the contested election case and is not less than eighteen years of age. Service of a subpena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to him the fee for one day’s attendance and the mileage allowed by section 389 of this title. Written proof of service shall be made under oath by the person making same and shall be filed with the Clerk.
(c) Place of examination
A witness may be required to attend an examination only in the county wherein he resides or is employed, or transacts his business in person, or is served with a subpena, or within forty miles of the place of service.
(d) Form
Every subpena shall state the name and title of the officer issuing same and the title of the contested election case, and shall command each person to whom it is directed to attend and give testimony at a time and place and before an officer specified therein.
(e) Production of documents
A subpena may also command the person to whom it is directed to produce the books, papers, documents, or other tangible things designated therein, but the committee, upon motion promptly made and in any event at or before the time specified in the subpena for compliance therewith, may (1) quash or modify the subpena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the party in whose behalf the subpena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. In the case of public records or documents, copies thereof, certified by the person having official custody thereof, may be produced in lieu of the originals.
(Pub. L. 91–138, § 9, Dec. 5, 1969, 83 Stat. 288.)
2 U.S.C. § 389 (THE CONGRESS)
§ 389. Officer and witness fees
(a) Each judge, clerk of court, or other officer who issues any subpena or takes a deposition and each person who serves any subpena or other paper herein authorized shall be entitled to receive from the party at whose instance the service shall have been performed such fees as are allowed for similar services in the district courts of the United States.
(b) Witnesses whose depositions are taken shall be entitled to receive from the party at whose instance the witness appeared the same fees and travel allowance paid to witnesses subpenaed to appear before the House of Representatives or its committees.
(Pub. L. 91–138, § 10, Dec. 5, 1969, 83 Stat. 288.)
2 U.S.C. § 390 (THE CONGRESS)
§ 390. Penalty for failure to appear, testify, or produce documents
Every person who, having been subpenaed as a witness under this chapter to give testimony or to produce documents, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the contested election case, shall be deemed guilty of a misdemeanor punishable by fine of not more than $1,000 nor less than $100 or imprisonment for not less than one month nor more than twelve months, or both.
(Pub. L. 91–138, § 11, Dec. 5, 1969, 83 Stat. 288.)
2 U.S.C. § 391 (THE CONGRESS)
§ 391. Certification and filing of depositions
(a) Sealing of papers; deposit with clerk
The officer before whom any deposition is taken shall certify thereon that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition, together with any papers produced by the witness and the notice of deposition or stipulation, if the deposition was taken without notice, in an envelope endorsed with the title of the contested election case and marked “Deposition of (here insert name of witness)” and shall within thirty days after completion of the witness’ testimony, file it with the Clerk.
(b) Notification of filing
After filing the deposition, the officer shall promptly notify the parties of its filing.
(c) Copy of deposition to parties or deponents
Upon payment of reasonable charges therefor, not to exceed the charges allowed in the district court of the United States for the district wherein the place of examination is located, the officer shall furnish a copy of deposition to any party or the deponent.
(Pub. L. 91–138, § 12, Dec. 5, 1969, 83 Stat. 289.)
2 U.S.C. § 392 (THE CONGRESS)
§ 392. Record
(a) Hearing on papers, depositions, and exhibits
Contested election cases shall be heard by the committee on the papers, depositions, and exhibits filed with the Clerk. Such papers, depositions, and exhibits shall constitute the record of the case.
(b) Appendix to contestant’s brief
Contestant shall print as an appendix to his brief those portions of the record which he desires the committee to consider in order to decide the case and such other portions of the record as may be prescribed by the rules of the committee.
(c) Appendix to contestee’s brief
Contestee shall print as an appendix to his brief those portions of the record not printed by contestant which contestee desires the committee to consider in order to decide the case.
(d) Contestant’s brief; service on contestee
Within forty-five days after the time for both parties to take testimony has expired, contestant shall serve on contestee his printed brief of the facts and authorities relied on to establish his case together with his appendix.
(e) Contestee’s brief; service on contestant
Within thirty days of service of contestant’s brief and appendix, contestee shall serve on contestant his printed brief of the facts and authorities relied on to establish his case together with his appendix.
(f) Reply brief of contestant
Within ten days after service of contestee’s brief and appendix, contestant may serve on contestee a printed reply brief.
(g) Form of briefs; number of copies served and filed
The form and length of the briefs, the form of the appendixes, and the number of copies to be served and filed shall be in accordance with such rules as the committee may prescribe.
(Pub. L. 91–138, § 13, Dec. 5, 1969, 83 Stat. 289.)
2 U.S.C. § 393 (THE CONGRESS)
§ 393. Filing of pleadings, motions, depositions, appendixes, briefs, and other papers
(a) Filings of pleadings, motions, depositions, appendixes, briefs, and other papers shall be accomplished by:
(1) delivering a copy thereof to the Clerk of the House of Representatives at his office in Washington, District of Columbia, or to a member of his staff at such office; or
(2) mailing a copy thereof, by registered or certified mail, addressed to the Clerk at the House of Representatives, Washington, District of Columbia: Provided, That if such copy is not actually received, another copy shall be filed within a reasonable time; and
(3) delivering or mailing, simultaneously with the delivery or mailing of a copy thereof under paragraphs (1) and (2) of this subsection, such additional copies as the committee may by rule prescribe.
(b) All papers filed with the Clerk pursuant to this chapter shall be promptly transmitted by him to the committee.
(Pub. L. 91–138, § 14, Dec. 5, 1969, 83 Stat. 289.)