2 U.S.C. § 363 — Additional function

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