2 U.S.C. § 362 — Requirements applicable to recommenda-

Page 142 TITLE 2—THE CONGRESS § 360 Editorial Notes AMENDMENTS 1989—Pub. L. 101–194 amended section generally. Prior to amendment, section read as follows: ‘‘(1) The recommendations of the President which are transmitted to the Congress pursuant to section 358 of this title shall be effective as provided in paragraph (2) of this section unless any such recommendation is dis- approved by a joint resolution agreed to by the Con- gress not later than the last day of the 30-day period which begins on the date of which such recommenda- tions are transmitted to the Congress. ‘‘(2) The effective date of the rate or rates of pay which take effect for an office or position under para- graph (1) of this section shall be the first day of the first pay period which begins for such office or position after the end of the 30-day period described in such paragraph.’’ 1985—Par. (1). Pub. L. 99–190 amended par. (1) gen- erally, substituting provisions relating to the effective date of Presidential recommendations transmitted to Congress pursuant to section 358 of this title, for provi- sions relating to voting requirements and procedures for Presidential recommendations to Congress. Par. (2). Pub. L. 99–190 amended par. (2) generally, substituting provisions relating to effective date of rates of pay for offices or positions under par. (1), for provisions relating to later operative dates of Presi- dential recommendations. 1977—Par. (1). Pub. L. 95–19 substituted provisions di- recting each house of the Congress to conduct a sepa- rate vote within sixty days on each Presidential rec- ommendation with respect to the offices and positions described in section 356(A), (B), (C), and (D) of this title, with the votes to be recorded so as to reflect the votes of each individual member and with each recommenda- tion, if approved, to become effective for the offices and positions covered at the beginning of the first pay pe- riod which begins after the thirtieth day following the approval of the recommendation by the second house of the Congress to approve the recommendation, for provi- sions directing that all or part of the recommendations of the President transmitted to the Congress in the budget under section 358 of this title be effective at the beginning of the first pay period beginning after the thirtieth day following the transmittal of the rec- ommendations to the budget, but only to the extent that, between the date of transmittal of the rec- ommendations in the budget and the beginning of the pay period, there has not been enacted into law a stat- ute establishing rates of pay other than the rates set in the recommendation, neither house of the Congress specifically disapproves all or part of the recommenda- tions, or both. Par. (2). Pub. L. 95–19 reenacted par. (2) without change. Statutory Notes and Related Subsidiaries EFFECTIVE 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. § 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, super- sede, 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 begin- ning on the date the President transmits his recommendations to the Congress under sec- tion 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 Presi- dent 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 Notes AMENDMENTS 1989—Cl. (A). Pub. L. 101–194 substituted ‘‘(other than any provision of law enacted with respect to such rec- ommendations in the period beginning on the date the President transmits his recommendations to the Con- gress 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 pro- vided in section 359 of this title shall’’ for ‘‘transmitted to the Congress immediately following a review con- ducted by the Commission in one of the fiscal years re- ferred 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 Con- gress as provided in section 359 of this title,’’. Statutory Notes and Related Subsidiaries EFFECTIVE 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. § 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 in- cluded in the Code of Federal Regulations. (Pub. L. 90–206, title II, § 225(k), Dec. 16, 1967, 81 Stat. 644.) Statutory Notes and Related Subsidiaries EFFECTIVE 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. § 362. Requirements applicable to recommenda- tions 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 trans- mitted 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 ad- justment may occur no earlier than January 1 Page 143 TITLE 2—THE CONGRESS § 381 of the second fiscal year, and no later than De- cember 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, respec- tively, shall be equal. (ii) The rates of pay recommended for the majority and minority leaders of the Senate and the House of Representatives, the Presi- dent pro tempore of the Senate, and each of- fice or position under section 5312 of title 5 (re- lating to level I of the Executive Schedule), re- spectively, shall be equal. (iii) The rates of pay recommended for a Senator, a Member of the House of Represent- atives, the Resident Commissioner from Puer- to Rico, a Delegate to the House of Represent- atives, a judge of a district court of the United States, a judge of the United States Court of International Trade, and each office or posi- tion under section 5313 of title 5 (relating to level II of the Executive Schedule), respec- tively, shall be equal. (B) Nothing in this section shall be consid- ered 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.) § 363. Additional function The Commission shall, whenever it conducts a review under section 356 of this title, also con- duct a review under this section relating to any recruitment or retention problems, and any pub- lic policy issues involved in maintaining appro- priate ethical standards, with respect to any of- fices or positions within the Federal public serv- ice. 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.) § 364. Provision relating to certain other pay ad- justments (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 be- fore the beginning of the Congress following the Congress during which such provision is en- acted. (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 Em- ployment Cost Index (as determined under sec- tion 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 deter- mined); 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.) Editorial Notes REFERENCES IN 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, Govern- ment Organization and Employees. CHAPTER 12—CONTESTED ELECTIONS Sec. 381. Definitions. 382. Notice of contest. 383. Response of contestee. 384. Service and filing of papers other than notice of contest. 385. Default of contestee. 386. Deposition. 387. Notice of depositions. 388. Subpena for attendance at deposition. 389. Officer and witness fees. 390. Penalty for failure to appear, testify, or produce documents. 391. Certification and filing of depositions. 392. Record. 393. Filing of pleadings, motions, depositions, ap- pendixes, briefs, and other papers. 394. Computation of time. 395. Death of contestant. 396. Allowance of party’s expenses. § 381. Definitions For purposes of this chapter: (1) The term ‘‘election’’ means an official general or special election to choose a Rep- resentative in, or Delegate or Resident Com- missioner to, the Congress, but that term does not include a primary election, or a caucus or convention of a political party. (2) The term ‘‘candidate’’ means an indi- vidual (A) whose name is printed on the offi- cial ballot for election to the office of Rep- resentative in, or Delegate or Resident Com- missioner to, the Congress, or (B) notwith- standing his name is not printed on such bal- lot, who seeks election to the office of Rep- resentative in, or Delegate or Resident Com- missioner to, the Congress by write-in votes, provided that he is qualified for such office and that, under the law of the State in which the congressional district is located, write-in voting for such office is permitted and he is el- igible to receive write-in votes in such elec- tion. (3) The term ‘‘contestant’’ means an indi- vidual who contests the election of a Member