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Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

Browse Source 
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via
Atlas depot), ingested with the standard pipeline: raw snapshot ->
per-section OKF markdown -> manifest + checksums. Title 52 untouched.
LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "1 U.S.C. § 1"
description: "Words denoting number, gender, and so forth"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 1
title_name: "GENERAL PROVISIONS"
chapter_number: "1"
chapter_name: "RULES OF CONSTRUCTION"
section: "1"
citation: "1 U.S.C. § 1"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc01@119-100.zip"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 1 U.S.C. § 1 - Words denoting number, gender, and so forth
## Text
In determining the meaning of any Act of Congress, unless the context indicates otherwise— words importing the singular include and apply to several persons, parties, or things; words importing the plural include the singular; words importing the masculine gender include the feminine as well; words used in the present tense include the future as well as the present; the words “insane” and “insane person” shall include every idiot, insane person, and person non compos mentis; the words “person” and “whoever” include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals; “officer” includes any person authorized by law to perform the duties of the office; “signature” or “subscription” includes a mark when the person making the same intended it as such; “oath” includes affirmation, and “sworn” includes affirmed; “writing” includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise.
(July 30, 1947, ch. 388, 61 Stat. 633; June 25, 1948, ch. 645, § 6, 62 Stat. 859; Oct. 31, 1951, ch. 655, § 1, 65 Stat. 710; Pub. L. 112–231, § 2(a), Dec. 28, 2012, 126 Stat. 1619.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112–231, in fifth clause after opening clause, struck out “and ‘lunatic’ ” before “shall include every” and “lunatic,” before “insane person,”. 1951—Act Oct. 31, 1951, substituted, in fourth clause after opening clause, “used” for “use”. 1948—Act June 25, 1948, included “tense”, “whoever”, “signature”, “subscription”, “writing” and a broader definition of “person”.
Statutory Notes and Related Subsidiaries
Short Title of 2022 AmendmentPub. L. 117–228, § 1, Dec. 13, 2022, 136 Stat. 2305, provided that: “This Act [enacting section 1738C of Title 28, Judiciary and Judicial Procedure, amending section 7 of this title, repealing section 1738C of Title 28, and enacting provisions set out as notes under section 7 of this title] may be cited as the ‘Respect for Marriage Act’.”
Short Title of 2012 AmendmentPub. L. 112–231, § 1, Dec. 28, 2012, 126 Stat. 1619, provided that: “This Act [amending this section and sections 92a, 215, and 215a of Title 12, Banks and Banking] may be cited as the ‘21st Century Language Act of 2012’.”
Short Title of 2002 AmendmentPub. L. 107–207, § 1, Aug. 5, 2002, 116 Stat. 926, provided that: “This Act [enacting section 8 of this title] may be cited as the ‘Born-Alive Infants Protection Act of 2002’.”
Short Title of 1996 AmendmentPub. L. 104–199, § 1, Sept. 21, 1996, 110 Stat. 2419, provided that: “This Act [enacting section 7 of this title and section 1738C of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Defense of Marriage Act’.”
References in Pub. L. 119–86Pub. L. 119–86, § 3, Apr. 30, 2026, 140 Stat. 773, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Homeland Security and Further Additional Continuing Appropriations Act, 2026, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 119–75Pub. L. 119–75, § 3, Feb. 3, 2026, 140 Stat. 174, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2026, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 119–74Pub. L. 119–74, § 3, Jan. 23, 2026, 140 Stat. 5, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 119–60Pub. L. 119–60, § 3(1), Dec. 18, 2025, 139 Stat. 748, provided that: “In this Act [National Defense Authorization Act for Fiscal Year 2026, see Tables for classification]: “(1) In divisions A through D, the term ‘this Act’ refers to divisions A through D.”
References in Pub. L. 119–37Pub. L. 119–37, § 3, Nov. 12, 2025, 139 Stat. 496, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 119–4Pub. L. 119–4, § 3, Mar. 15, 2025, 139 Stat. 10, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Full-Year Continuing Appropriations and Extensions Act, 2025, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 118–159Pub. L. 118–159, § 3(1), Dec. 23, 2024, 138 Stat. 1799, provided that: “In this Act [Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025, see Tables for classification]: “(1) In divisions A through D, the term ‘this Act’ refers to divisions A through D.”
References in Pub. L. 118–158Pub. L. 118–158, § 3, Dec. 21, 2024, 138 Stat. 1723, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Further Continuing Appropriations Act, 2025, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 118–83Pub. L. 118–83, § 3, Sept. 26, 2024, 138 Stat. 1524, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Continuing Appropriations and Extensions Act, 2025, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 118–47Pub. L. 118–47, § 3, Mar. 23, 2024, 138 Stat. 461, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Further Consolidated Appropriations Act, 2024, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 118–42Pub. L. 118–42, § 3, Mar. 9, 2024, 138 Stat. 26, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2024, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 117–328Pub. L. 117–328, § 3, Dec. 29, 2022, 136 Stat. 4461, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2023, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 117–229Pub. L. 117–229, § 3, Dec. 16, 2022, 136 Stat. 2308, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Further Continuing Appropriations and Extensions Act, 2023, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 117–103Pub. L. 117–103, § 3, Mar. 15, 2022, 136 Stat. 51, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2022, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 117–58Pub. L. 117–58, § 2, Nov. 15, 2021, 135 Stat. 442, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Infrastructure Investment and Jobs Act, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 117–43Pub. L. 117–43, § 3, Sept. 30, 2021, 135 Stat. 344, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Extending Government Funding and Delivering Emergency Assistance Act, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 116–260Pub. L. 116–260, § 3, Dec. 27, 2020, 134 Stat. 1185, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2021, see Tables for classification] shall be treated as referring only to the provisions of that division.” Pub. L. 116–260, div. K, title VII, § 7034(q)(7), Dec. 27, 2020, 134 Stat. 1754, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in titles I through VII [of div. K of Pub. L. 116–260, see Tables for classification] shall be treated as referring only to the provisions of such titles.”
References in Pub. L. 116–159Pub. L. 116–159, § 3, Oct. 1, 2020, 134 Stat. 709, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Continuing Appropriations Act, 2021 and Other Extensions Act, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 116–136Pub. L. 116–136, § 3, Mar. 27, 2020, 134 Stat. 285, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Coronavirus Aid, Relief, and Economic Security Act or the CARES Act, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 116–127Pub. L. 116–127, § 3, Mar. 18, 2020, 134 Stat. 178, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Families First Coronavirus Response Act, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 116–94Pub. L. 116–94, § 3, Dec. 20, 2019, 133 Stat. 2536, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Further Consolidated Appropriations Act, 2020, see Tables for classification] shall be treated as referring only to the provisions of that division.” Pub. L. 116–94, div. F, title VI, § 612, Dec. 20, 2019, 133 Stat. 2815, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in this division [div. F of Pub. L. 116–94, see Tables for classification] shall be treated as referring only to the provisions of this division.” Pub. L. 116–94, div. H, title IV, § 420, Dec. 20, 2019, 133 Stat. 3017, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in this division [div. H of Pub. L. 116–94, see Tables for classification] shall be treated as referring only to the provisions of this division.”
References in Pub. L. 116–93Pub. L. 116–93, § 3, Dec. 20, 2019, 133 Stat. 2318, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2020, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 116–6Pub. L. 116–6, § 3, Feb. 15, 2019, 133 Stat. 14, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2019, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 115–245Pub. L. 115–245, § 3, Sept. 28, 2018, 132 Stat. 2981, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 115–244Pub. L. 115–244, § 3, Sept. 21, 2018, 132 Stat. 2897, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 115–141Pub. L. 115–141, § 3, Mar. 23, 2018, 132 Stat. 350, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2018, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 115–56Pub. L. 115–56, § 3, Sept. 8, 2017, 131 Stat. 1129, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 115–31Pub. L. 115–31, § 3, May 5, 2017, 131 Stat. 137, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2017, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 114–113Pub. L. 114–113, § 3, Dec. 18, 2015, 129 Stat. 2244, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2016, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 114–94Pub. L. 114–94, div. A, § 1004, Dec. 4, 2015, 129 Stat. 1322, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in this division [see Tables for classification] shall be treated as referring only to the provisions of this division.”
References in Pub. L. 113–235Pub. L. 113–235, § 3, Dec. 16, 2014, 128 Stat. 2132, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated and Further Continuing Appropriations Act, 2015, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 113–76Pub. L. 113–76, § 3, Jan. 17, 2014, 128 Stat. 7, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2014, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 113–67Pub. L. 113–67, div. A, § 1(c), Dec. 26, 2013, 127 Stat. 1166, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Bipartisan Budget Act of 2013, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 113–6Pub. L. 113–6, § 3, Mar. 26, 2013, 127 Stat. 199, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in division A, B, C, D, or E of this Act [Consolidated and Further Continuing Appropriations Act, 2013, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 112–74Pub. L. 112–74, § 3, Dec. 23, 2011, 125 Stat. 787, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2012, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 112–55Pub. L. 112–55, § 3, Nov. 18, 2011, 125 Stat. 552, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated and Further Continuing Appropriations Act, 2012, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 112–10Pub. L. 112–10, div. A, title IX, § 9015, Apr. 15, 2011, 125 Stat. 102, provided that: “Any reference to ‘this Act’ in this division [Department of Defense Appropriations Act, 2011, see Tables for classification] shall apply solely to this division.”
References in Pub. L. 111–118Pub. L. 111–118, § 3, Dec. 19, 2009, 123 Stat. 3409, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Department of Defense Appropriations Act, 2010, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 111–117Pub. L. 111–117, § 3, Dec. 16, 2009, 123 Stat. 3035, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2010, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 111–8Pub. L. 111–8, § 3, Mar. 11, 2009, 123 Stat. 525, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Omnibus Appropriations Act, 2009, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 111–5Pub. L. 111–5, § 4, Feb. 17, 2009, 123 Stat. 116, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [American Recovery and Reinvestment Act of 2009, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 110–329Pub. L. 110–329, § 3, Sept. 30, 2008, 122 Stat. 3574, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ or ‘this joint resolution’ contained in any division of this Act [Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 110–161Pub. L. 110–161, § 3, Dec. 26, 2007, 121 Stat. 1845, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2008, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 110–116Pub. L. 110–116, § 2, Nov. 13, 2007, 121 Stat. 1295, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [see Tables for classification] shall be treated as referencing only to the provisions of that division.”
References in Pub. L. 109–289Pub. L. 109–289, div. A, title VIII, § 8112, Sept. 29, 2006, 120 Stat. 1299, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in this division [Department of Defense Appropriations Act, 2007, see Tables for classification] shall be referring only to the provisions of this division.”
References in Pub. L. 109–148Pub. L. 109–148, div. B, title V, § 5002, Dec. 30, 2005, 119 Stat. 2813, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in either division A [Department of Defense Appropriations Act, 2006, see Tables for classification] or division B [Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 109–115Pub. L. 109–115, div. A, title VIII, § 847, Nov. 30, 2005, 119 Stat. 2507, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in this division [Transportation, Treasury, Housing and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006, see Tables for classification] shall be treated as referring only to the provisions of this division.”
References in Pub. L. 108–447Pub. L. 108–447, § 3, Dec. 8, 2004, 118 Stat. 2810, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2005, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 108–199Pub. L. 108–199, § 3, Jan. 23, 2004, 118 Stat. 4, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act [Consolidated Appropriations Act, 2004, see Tables for classification] shall be treated as referring only to the provisions of that division.”
References in Pub. L. 108–7Pub. L. 108–7, § 3, Feb. 20, 2003, 117 Stat. 12, provided that: “Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this joint resolution [Consolidated Appropriations Resolution, 2003, see Tables for classification] shall be treated as referring only to the provisions of that division.”
Continental United StatesPub. L. 86–70, § 48, June 25, 1959, 73 Stat. 154, provided that: “Whenever the phrase ‘continental United States’ is used in any law of the United States enacted after the date of enactment of this Act [June 25, 1959], it shall mean the 49 States on the North American Continent and the District of Columbia, unless otherwise expressly provided.”
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---
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title_number: 1
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tags: ["legal", "us-code"]
---
# 1 U.S.C. § 2 - “County” as including “parish”, and so forth
## Text
The word “county” includes a parish, or any other equivalent subdivision of a State or Territory of the United States.
(July 30, 1947, ch. 388, 61 Stat. 633.)
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---
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tags: ["legal", "us-code"]
---
# 1 U.S.C. § 3 - “Vessel” as including all means of water transportation
## Text
The word “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
(July 30, 1947, ch. 388, 61 Stat. 633.)
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---
type: "LegalText"
title: "1 U.S.C. § 4"
description: "“Vehicle” as including all means of land transportation"
jurisdiction: "us"
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---
# 1 U.S.C. § 4 - “Vehicle” as including all means of land transportation
## Text
The word “vehicle” includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land.
(July 30, 1947, ch. 388, 61 Stat. 633.)
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---
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title: "1 U.S.C. § 5"
description: "“Company” or “association” as including successors and assigns"
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title_name: "GENERAL PROVISIONS"
chapter_number: "1"
chapter_name: "RULES OF CONSTRUCTION"
section: "5"
citation: "1 U.S.C. § 5"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 1 U.S.C. § 5 - “Company” or “association” as including successors and assigns
## Text
The word “company” or “association”, when used in reference to a corporation, shall be deemed to embrace the words “successors and assigns of such company or association”, in like manner as if these last-named words, or words of similar import, were expressed.
(July 30, 1947, ch. 388, 61 Stat. 633.)
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---
# 1 U.S.C. § 6 - Limitation of term “products of American fisheries”
## Text
Wherever, in the statutes of the United States or in the rulings, regulations, or interpretations of various administrative bureaus and agencies of the United States there appears or may appear the term “products of American fisheries” said term shall not include fresh or frozen fish fillets, fresh or frozen fish steaks, or fresh or frozen slices of fish substantially free of bone (including any of the foregoing divided into sections), produced in a foreign country or its territorial waters, in whole or in part with the use of the labor of persons who are not residents of the United States.
(July 30, 1947, ch. 388, 61 Stat. 634.)
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# 1 U.S.C. § 7 - Marriage
## Text
(a) For the purposes of any Federal law, rule, or regulation in which marital status is a factor, an individual shall be considered married if that individual’s marriage is between 2 individuals and is valid in the State where the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is between 2 individuals and is valid in the place where entered into and the marriage could have been entered into in a State.
(b) In this section, the term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.
(c) For purposes of subsection (a), in determining whether a marriage is valid in a State or the place where entered into, if outside of any State, only the law of the jurisdiction applicable at the time the marriage was entered into may be considered.
(Added Pub. L. 104–199, § 3(a), Sept. 21, 1996, 110 Stat. 2419; amended Pub. L. 117–228, § 5, Dec. 13, 2022, 136 Stat. 2306.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117–228 amended section generally. Prior to amendment, text read as follows: “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.”
Statutory Notes and Related Subsidiaries
SeverabilityPub. L. 117–228, § 8, Dec. 13, 2022, 136 Stat. 2307, provided that: “If any provision of this Act [see Short Title of 2022 Amendment note set out under section 1 of this title], or any amendment made by this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or any amendment made thereby, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.”
FindingsPub. L. 117–228, § 2, Dec. 13, 2022, 136 Stat. 2305, provided that: “Congress finds the following: “(1) No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. “(2) Diverse beliefs about the role of gender in marriage are held by reasonable and sincere people based on decent and honorable religious or philosophical premises. Therefore, Congress affirms that such people and their diverse beliefs are due proper respect. “(3) Millions of people, including interracial and same-sex couples, have entered into marriages and have enjoyed the rights and privileges associated with marriage. Couples joining in marriage deserve to have the dignity, stability, and ongoing protection that marriage affords to families and children.”
No Impact on Religious Liberty and ConsciencePub. L. 117–228, § 6, Dec. 13, 2022, 136 Stat. 2306, provided that: “(a) In General.—Nothing in this Act [see Short Title of 2022 Amendment note set out under section 1 of this title], or any amendment made by this Act, shall be construed to diminish or abrogate a religious liberty or conscience protection otherwise available to an individual or organization under the Constitution of the United States or Federal law. “(b) Goods or Services.—Consistent with the First Amendment to the Constitution, nonprofit religious organizations, including churches, mosques, synagogues, temples, nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, faith-based social agencies, religious educational institutions, and nonprofit entities whose principal purpose is the study, practice, or advancement of religion, and any employee of such an organization, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage. Any refusal under this subsection to provide such services, accommodations, advantages, facilities, goods, or privileges shall not create any civil claim or cause of action.”
Statutory ProhibitionPub. L. 117–228, § 7, Dec. 13, 2022, 136 Stat. 2306, provided that: “(a) No Impact on Status and Benefits Not Arising From a Marriage.—Nothing in this Act [see Short Title of 2022 Amendment note set out under section 1 of this title], or any amendment made by this Act, shall be construed to deny or alter any benefit, status, or right of an otherwise eligible entity or person which does not arise from a marriage, including tax-exempt status, tax treatment, educational funding, or a grant, contract, agreement, guarantee, loan, scholarship, license, certification, accreditation, claim, or defense. “(b) No Federal Recognition of Polygamous Marriages.—Nothing in this Act, or any amendment made by this Act, shall be construed to require or authorize Federal recognition of marriages between more than 2 individuals.”
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# 1 U.S.C. § 8 - “Person”, “human being”, “child”, and “individual” as including born-alive infant
## Text
(a) In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “person”, “human being”, “child”, and “individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development.
(b) As used in this section, the term “born alive”, with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
(c) Nothing in this section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being “born alive” as defined in this section.
(Added Pub. L. 107–207, § 2(a), Aug. 5, 2002, 116 Stat. 926.)
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# 1 U.S.C. § 101 - Enacting clause
## Text
The enacting clause of all Acts of Congress shall be in the following form: “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.”
(July 30, 1947, ch. 388, 61 Stat. 634.)
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# 1 U.S.C. § 102 - Resolving clause
## Text
The resolving clause of all joint resolutions shall be in the following form: “Resolved by the Senate and House of Representatives of the United States of America in Congress assembled.”
(July 30, 1947, ch. 388, 61 Stat. 634.)
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# 1 U.S.C. § 103 - Enacting or resolving words after first section
## Text
No enacting or resolving words shall be used in any section of an Act or resolution of Congress except in the first.
(July 30, 1947, ch. 388, 61 Stat. 634.)
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# 1 U.S.C. § 104 - Numbering of sections; single proposition
## Text
Each section shall be numbered, and shall contain, as nearly as may be, a single proposition of enactment.
(July 30, 1947, ch. 388, 61 Stat. 634.)
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# 1 U.S.C. § 105 - Title of appropriation Acts
## Text
The style and title of all Acts making appropriations for the support of Government shall be as follows: “An Act making appropriations (here insert the object) for the year ending September 30 (here insert the calendar year).”
(July 30, 1947, ch. 388, 61 Stat. 634; Pub. L. 93–344, title V, § 506(a), July 12, 1974, 88 Stat. 322.)
## Notes
Editorial Notes
Amendments1974—Pub. L. 93–344 substituted “September 30” for “June 30”.
Statutory Notes and Related Subsidiaries
Effective Date of 1974 AmendmentPub. L. 93–344, title V, § 506(b), July 12, 1974, 88 Stat. 322, which provided that the amendment of this section by Pub. L. 93–344 was effective with respect to Acts making appropriations for the support of the Government for any fiscal year commencing on or after Oct. 1, 1976, was omitted in the complete revision of title V of Pub. L. 93–344 by Pub. L. 101–508, title XIII, § 13201(a), Nov. 5, 1990, 104 Stat. 1388–609.
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# 1 U.S.C. § 106a - Promulgation of laws
## Text
Whenever a bill, order, resolution, or vote of the Senate and House of Representatives, having been approved by the President, or not having been returned by him with his objections, becomes a law or takes effect, it shall forthwith be received by the Archivist of the United States from the President; and whenever a bill, order, resolution, or vote is returned by the President with his objections, and, on being reconsidered, is agreed to be passed, and is approved by two-thirds of both Houses of Congress, and thereby becomes a law or takes effect, it shall be received by the Archivist of the United States from the President of the Senate, or Speaker of the House of Representatives in whichsoever House it shall last have been so approved, and he shall carefully preserve the originals.
(Added Oct. 31, 1951, ch. 655, § 2(b), 65 Stat. 710; amended Pub. L. 98–497, title I, § 107(d), Oct. 19, 1984, 98 Stat. 2291.)
## Notes
Editorial Notes
Amendments1984—Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel Similar provisions were contained in R.S. § 204; act Dec. 28, 1874, ch. 9, § 2, 18 Stat. 294; 1950 Reorg. Plan No. 20, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272, which with the exception of the reorganization plan, were repealed by section 56(h) of act Oct. 31, 1951. Subsec. (l) of that section 56 provided that the repeal should not affect any rights or liabilities existing under those statutes on the effective date of the repeal (Oct. 31, 1951). For delegation of functions under the repealed statutes, and transfer of records, property, personnel, and funds, see sections 3 and 4 of 1950 Reorg. Plan No. 20, set out in the Appendix to Title 5, Government Organization and Employees.
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# 1 U.S.C. § 106b - Amendments to Constitution
## Text
Whenever official notice is received at the National Archives and Records Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Archivist of the United States shall forthwith cause the amendment to be published, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States.
(Added Oct. 31, 1951, ch. 655, § 2(b), 65 Stat. 710; amended Pub. L. 98–497, title I, § 107(d), Oct. 19, 1984, 98 Stat. 2291.)
## Notes
Editorial Notes
Amendments1984—Pub. L. 98–497 substituted “National Archives and Records Administration” and “Archivist of the United States” for “General Services Administration” and “Administrator of General Services”, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel Similar provisions were contained in R.S. § 205; 1950 Reorg. Plan No. 20, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272. R.S. § 205 was repealed by section 56(h) of act Oct. 31, 1951. Subsec. (l) of section 56 provided that the repeal should not affect any rights or liabilities existing under the repealed statute on the effective date of the repeal (Oct. 31, 1951). For delegation of functions under the repealed statute, and transfer of records, property, personnel, and funds, see sections 3 and 4 of 1950 Reorg. Plan No. 20, set out in the Appendix to Title 5, Government Organization and Employees.
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# 1 U.S.C. § 107 - Parchment or paper for printing enrolled bills or resolutions
## Text
Enrolled bills and resolutions of either House of Congress shall be printed on parchment or paper of suitable quality as shall be determined by the Joint Committee on Printing.
(July 30, 1947, ch. 388, 61 Stat. 635.)
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# 1 U.S.C. § 108 - Repeal of repealing act
## Text
Whenever an Act is repealed, which repealed a former Act, such former Act shall not thereby be revived, unless it shall be expressly so provided.
(July 30, 1947, ch. 388, 61 Stat. 635.)
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# 1 U.S.C. § 109 - Repeal of statutes as affecting existing liabilities
## Text
The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. The expiration of a temporary statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the temporary statute shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.
(July 30, 1947, ch. 388, 61 Stat. 635.)
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# 1 U.S.C. § 110 - Saving clause of Revised Statutes
## Text
All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of offenses, or for the recovery of penalties or forfeitures, embraced in the Revised Statutes and covered by the repeal contained therein, shall not be affected thereby, but all suits, proceedings, or prosecutions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not been made.
(July 30, 1947, ch. 388, 61 Stat. 635.)
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# 1 U.S.C. § 111 - Repeals as evidence of prior effectiveness
## Text
No inference shall be raised by the enactment of the Act of March 3, 1933 (ch. 202, 47 Stat. 1431), that the sections of the Revised Statutes repealed by such Act were in force or effect at the time of such enactment: Provided, however, That any rights or liabilities existing under such repealed sections shall not be affected by their repeal.
(July 30, 1947, ch. 388, 61 Stat. 635.)
## Notes
Editorial Notes
References in TextAct of March 3, 1933, referred to in text, was repealed by section 2 of act July 30, 1947, section 1 of which enacted this title.
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# 1 U.S.C. § 112 - Statutes at Large; contents; admissibility in evidence
## Text
The Archivist of the United States shall cause to be compiled, edited, indexed, and published, the United States Statutes at Large, which shall contain all the laws and concurrent resolutions enacted during each regular session of Congress; all proclamations by the President in the numbered series issued since the date of the adjournment of the regular session of Congress next preceding; and also any amendments to the Constitution of the United States proposed or ratified pursuant to article V thereof since that date, together with the certificate of the Archivist of the United States issued in compliance with the provision contained in section 106b of this title. In the event of an extra session of Congress, the Archivist of the United States shall cause all the laws and concurrent resolutions enacted during said extra session to be consolidated with, and published as part of, the contents of the volume for the next regular session. The United States Statutes at Large shall be legal evidence of laws, concurrent resolutions, treaties, international agreements other than treaties, proclamations by the President, and proposed or ratified amendments to the Constitution of the United States therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.
(July 30, 1947, ch. 388, 61 Stat. 636; Sept. 23, 1950, ch. 1001, § 1, 64 Stat. 979; Oct. 31, 1951, ch. 655, § 3, 65 Stat. 710; Pub. L. 98–497, title I, § 107(d), Oct. 19, 1984, 98 Stat. 2291.)
## Notes
Editorial Notes
Amendments1984—Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services” in three places. 1951—Act Oct. 31, 1951, substituted “106b of this title” for “205 of the Revised Statutes” in first sentence. 1950—Act Sept. 23, 1950, amended section generally to implement 1950 Reorg. Plan No. 20, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272, which transferred to the Administrator of General Services certain duties formerly performed by the Secretary of State.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
Publishing Pub. L. 115–141 in Statutes at LargePub. L. 115–141, div. G, title I, § 121(c), Mar. 23, 2018, 132 Stat. 662, provided that: “In publishing this Act in slip form and in the United States Statutes at large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the sections of the bill and the bills referred to in subsections (a) [enacting into law from the 115th Congress sections 7130 and 7134 of S. 1460, as placed on the calendar of the Senate on June 29, 2017] and (b) [enacting into law from the 115th Congress H.R. 1281, as introduced on Mar. 1, 2017, and H.R. 4134, as introduced on Oct. 25, 2017], respectively.”
Publishing Pub. L. 115–31 in Statutes at LargePub. L. 115–31, div. G, title IV, § 431(b), May 5, 2017, 131 Stat. 502, provided that: “In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the bills referred to in subsection (a) [enacting into law from the 115th Congress H.R. 2104, as introduced on Apr. 20, 2017; S. 131, as ordered to be reported on Mar. 30, 2017, by the Committee on Energy and Natural Resources of the Senate; and S. 847, as introduced on Apr. 5, 2017].”
Publishing Pub. L. 107–206 in Statutes at LargePub. L. 107–206, title III, § 3002(h), Aug. 2, 2002, 116 Stat. 924, provided that: “In publishing the Act in slip form and in the United States Statutes at Large pursuant to section 112, of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the bill referred to in subsection (a) [set out as a Short Title of 2002 Amendment note under section 101 of Title 39, Postal Service].”
Publication of Certain Laws of 106th CongressPub. L. 106–554, § 1(b), Dec. 21, 2000, 114 Stat. 2763, provided that: “In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end appendixes setting forth the texts of the bills referred to in subsection (a) of this section [enacting into law H.R. 5656, H.R. 5657, H.R. 5658, H.R. 5660, H.R. 5661, H.R. 5662, and H.R. 5663 of the 106th Congress, as introduced on Dec. 14, 2000, and H.R. 5666 and H.R. 5667 of the 106th Congress, as introduced on Dec. 15, 2000, except that the text of H.R. 5666, as so enacted, shall not include section 123] and the text of any other bill enacted into law by reference by reason of the enactment of this Act.” Pub. L. 106–553, § 1(b), Dec. 21, 2000, 114 Stat. 2762, provided that: “In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end appendixes setting forth the texts of the bills referred to in subsection (a) of this section [enacting into law H.R. 5547 and H.R. 5548 of the 106th Congress, as introduced on Oct. 25, 2000].” Pub. L. 106–429, § 101(a) [title V, § 595(b)], Nov. 6, 2000, 114 Stat. 1900, 1900A–60, provided that: “In publishing the Act in slip form and in the United States Statutes at Large pursuant to section 112, of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end appendixes setting forth the texts of the bill referred to in subsection (a) of this section [enacting into law S. 3140 of the 106th Congress, as introduced on Sept. 28, 2000].” Pub. L. 106–429, § 101(b), Nov. 6, 2000, 114 Stat. 1900, provided that: “In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the bill referred to in subsection (a) of this section [enacting into law H.R. 5526 of the 106th Congress, as introduced on Oct. 24, 2000].” Pub. L. 106–398, § 2, Oct. 30, 2000, 114 Stat. 1654, provided that: “In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval an appendix setting forth the text of the bill referred to in section 1 [enacting into law H.R. 5408 of the 106th Congress, as introduced on Oct. 6, 2000].” Pub. L. 106–387, § 1(b), Oct. 28, 2000, 114 Stat. 1549, provided that: “In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the bill referred to in subsection (a) of this section [enacting into law H.R. 5426 of the 106th Congress, as introduced on Oct. 6, 2000].” Pub. L. 106–377, § 1(b), Oct. 27, 2000, 114 Stat. 1441, provided that: “In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end appendixes setting forth the texts of the bills referred to in subsection (a) of this section [enacting into law H.R. 5482 and 5483 of the 106th Congress, as introduced on Oct. 18, 2000].” Pub. L. 106–346, § 101(b), Oct. 23, 2000, 114 Stat. 1356, provided that: “In publishing the Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the bill referred to in subsection (a) of this section [enacting into law H.R. 5394 of the 106th Congress, as introduced on Oct. 5, 2000].” Pub. L. 106–113, div. B, § 1000(b), Nov. 29, 1999, 113 Stat. 1536, provided that: “In publishing the Act in slip form and in the United States Statutes at Large pursuant to section 112, of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end appendixes setting forth the texts of the bills referred to in subsection (a) of this section [enacting into law H.R. 3421, H.R. 3422, H.R. 3423, H.R. 3424, H.R. 3425, H.R. 3426, H.R. 3427 (as amended), H.R. 3428, and S. 1948 of the 106th Congress, as introduced on Nov. 17, 1999].”
Effect of Repeal of Section 73 of Act Jan. 12, 1895This section and section 112a of this title as not affected by the repeal of section 73 of act Jan. 12, 1895, ch. 23, 28 Stat. 615, which related to the same subject matter, see section 56(i) of act Oct. 31, 1951, ch. 655, 65 Stat. 729.
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# 1 U.S.C. § 112a - United States Treaties and Other International Agreements; contents; admissibility in evidence
## Text
(a) The Secretary of State shall cause to be compiled, edited, indexed, and published, beginning as of January 1, 1950, a compilation entitled “United States Treaties and Other International Agreements,” which shall contain all treaties to which the United States is a party that have been proclaimed during each calendar year, and all international agreements other than treaties to which the United States is a party that have been signed, proclaimed, or with reference to which any other final formality has been executed, during each calendar year. The said United States Treaties and Other International Agreements shall be legal evidence of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and agreements, therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.
(b) Copies of international agreements and qualifying non-binding instruments in the possession of the Department of State, but not published, other than the agreements described in section 112b(b)(3)(A), shall be made available by the Department of State upon request.
(Added Sept. 23, 1950, ch. 1001, § 2, 64 Stat. 980; amended Pub. L. 103–236, title I, § 138, Apr. 30, 1994, 108 Stat. 397; Pub. L. 108–458, title VII, § 7121(a), Dec. 17, 2004, 118 Stat. 3807; Pub. L. 117–263, div. E, title LIX, § 5947(b), Dec. 23, 2022, 136 Stat. 3482.)
## Notes
Editorial Notes
Amendments2022—Subsecs. (b) to (d). Pub. L. 117–263 added subsec. (b) and struck out former subsecs. (b) to (d) which related to determination that publication of certain categories of agreements is not required, publication of such determination in the Federal Register, and timely availability of certain treaties and international agreements on the Department of State website. 2004—Subsec. (d). Pub. L. 108–458 added subsec. (d). 1994—Pub. L. 103–236 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentPub. L. 117–263, div. E, title LIX, § 5947(c), Dec. 23, 2022, 136 Stat. 3482, provided that: “The amendments made by this section [amending this section, section 112b of this title, and section 195c of Title 6, Domestic Security] shall take effect on the date that is 270 days after the date of the enactment of this Act [Dec. 23, 2022].”
Effective Date of 2004 AmendmentPub. L. 108–458, title VII, § 7122, Dec. 17, 2004, 118 Stat. 3808, provided that: “Notwithstanding any other provision of this Act [see Tables for classification], this subtitle [subtitle A (§§ 7101–7122) of title VII of Pub. L. 108–458, enacting sections 2228, 2732, 3922b, 4029, 7536a, and 7555 of Title 22, Foreign Relations and Intercourse, amending this section, section 112b of this title, section 1189 of Title 8, Aliens and Nationality, sections 2651a, 2656f, 4003, 7513, 7514, 7518, 7536, 7537, 7538, and 7554 of Title 22, and section 4605 of Title 50, War and National Defense, repealing section 2374 of Title 22, enacting provisions set out as notes under section 1189 of Title 8, sections 1431, 2451, 2452, 2651a, 2656, 2656f, 7501, 7511, 7513, 7514, and 7536 of Title 22, and section 4605 of Title 50, and amending provisions set out as a note under section 112b of this title] shall take effect on the date of enactment of this Act [Dec. 17, 2004].”
Effect of Repeal of Section 73 of Act Jan. 12, 1895This section and section 112 of this title as not affected by the repeal of section 73 of act Jan. 12, 1895, ch. 23, 28 Stat. 615, which related to the same subject matter, see section 56(i) of act Oct. 31, 1951, ch. 655, 65 Stat. 729.
Written Requests for DocumentsCopies of United States Treaties and Other International Agreements not available to Senators or Representatives unless specifically requested by them, in writing, see Pub. L. 94–59, title VIII, § 801, July 25, 1975, 89 Stat. 296, set out as a note under section 1317 of Title 44, Public Printing and Documents.
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# 1 U.S.C. § 112b - United States international agreements and non-binding instruments; transparency provisions
## Text
(a) (1) Not less frequently than once each month, the Secretary shall provide in writing to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees the following:
(A) (i) A list of all international agreements and qualifying non-binding instruments signed, concluded, or otherwise finalized during the prior month.
(ii) The text of all international agreements and qualifying non-binding instruments described in clause (i).
(iii) A detailed description of the legal authority that, in the view of the Secretary, provides authorization for each international agreement and that, in the view of the appropriate department or agency, provides authorization for each qualifying non-binding instrument provided under clause (ii) to become operative. If multiple authorities are relied upon in relation to an international agreement, the Secretary shall cite all such authorities, and if multiple authorities are relied upon in relation to a qualifying non-binding instrument, the appropriate department or agency shall cite all such authorities. All citations to the Constitution of the United States, a treaty, or a statute shall include the specific article or section and subsection reference whenever available and, if not available, shall be as specific as possible. If the authority relied upon is or includes article II of the Constitution of the United States, the Secretary or appropriate department or agency shall explain the basis for that reliance.
(B) (i) A list of all international agreements that entered into force and qualifying non-binding instruments that became operative for the United States or an agency of the United States during the prior month.
(ii) The text of all international agreements and qualifying non-binding instruments described in clause (i) if such text differs from the text of the agreement or instrument previously provided pursuant to subparagraph (A)(ii).
(iii) A statement describing any new or amended statutory or regulatory authority anticipated to be required to fully implement each proposed international agreement and qualifying non-binding instrument included in the list described in clause (i).
(2) The information and text required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(b) (1) Not later than 120 days after the date on which an international agreement enters into force, the Secretary shall make the text of the agreement, and the information described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1) relating to the agreement, available to the public on the website of the Department of State.
(2) Not less frequently than once every 120 days, the Secretary shall make the text of each qualifying non-binding instrument that became operative during the preceding 120 days, and the information described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1) relating to each such instrument, available to the public on the website of the Department of State.
(3) The requirements under paragraphs (1) and (2) shall not apply to the following categories of international agreements or qualifying non-binding instruments, or to information described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1) relating to such agreements or qualifying non-binding instruments:
(A) International agreements and qualifying non-binding instruments that contain information that has been given a national security classification pursuant to Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information) or any predecessor or successor order, or that contain any information that is otherwise exempt from public disclosure pursuant to United States law.
(B) International agreements and qualifying non-binding instruments that address military operations, military exercises, acquisition and cross servicing, logistics support, military personnel exchange or education programs, or the provision of health care to military personnel on a reciprocal basis.
(C) International agreements and qualifying non-binding instruments that establish the terms of grant or other similar assistance, including in-kind assistance, financed with foreign assistance funds pursuant to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Food for Peace Act (7 U.S.C. 1691 et seq.).
(D) International agreements and qualifying non-binding instruments, such as project annexes and other similar instruments, for which the principal function is to establish technical details for the implementation of a specific project undertaken pursuant to another agreement or qualifying non-binding instrument that has been published in accordance with paragraph (1) or (2).
(E) International agreements and qualifying non-binding instruments that have been separately published by a depositary or other similar administrative body, except that the Secretary shall make the information described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1), relating to such agreements or qualifying non-binding instruments, available to the public on the website of the Department of State within the timeframes required by paragraph (1) or (2).
(c) For any international agreement or qualifying non-binding instrument for which an implementing agreement or arrangement, or any document of similar purpose or function to the aforementioned regardless of the title of the document, is not otherwise required to be submitted to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees under subparagraphs (A)(ii) or (B)(ii) of subsection (a)(1), not later than 30 days after the date on which the Secretary receives a written communication from the Chair or Ranking Member of either of the appropriate congressional committees requesting the text of any such implementing agreements or arrangements, whether binding or non-binding, the Secretary shall submit such implementing agreements or arrangements to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees.
(d) Any department or agency of the United States Government that enters into any international agreement or qualifying non-binding instrument on behalf of itself or the United States shall—
(1) provide to the Secretary the text of each international agreement not later than 15 days after the date on which such agreement is signed or otherwise concluded;
(2) provide to the Secretary the text of each qualifying non-binding instrument not later than 15 days after the date on which such instrument is concluded or otherwise becomes finalized;
(3) provide to the Secretary a detailed description of the legal authority that provides authorization for each qualifying non-binding instrument to become operative not later than 15 days after such instrument is signed or otherwise becomes finalized; and
(4) on an ongoing basis, provide any implementing material to the Secretary for transmittal to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees as needed to satisfy the requirements described in subsection (c).
(e) (1) Each department or agency of the United States Government that enters into any international agreement or qualifying non-binding instrument on behalf of itself or the United States shall designate a Chief International Agreements Officer, who shall—
(A) be selected from among employees of such department or agency;
(B) serve concurrently as the Chief International Agreements Officer; and
(C) subject to the authority of the head of such department or agency, have department- or agency-wide responsibility for efficient and appropriate compliance with this section.
(2) There shall be a Chief International Agreements Officer who serves at the Department of State with the title of International Agreements Compliance Officer.
(f) The substance of oral international agreements shall be reduced to writing for the purpose of meeting the requirements of subsections (a) and (b).
(g) Notwithstanding any other provision of law, an international agreement may not be signed or otherwise concluded on behalf of the United States without prior consultation with the Secretary. Such consultation may encompass a class of agreements rather than a particular agreement.
(h) (1) Not later than 3 years after the date of the enactment of this section, and not less frequently than once every 3 years thereafter during the 9-year period beginning on the date of the enactment of this section, the Comptroller General of the United States shall conduct an audit of the compliance of the Secretary with the requirements of this section.
(2) In any instance in which a failure by the Secretary to comply with such requirements is determined by the Comptroller General to have been due to the failure or refusal of another agency to provide information or material to the Department of State, or the failure to do so in a timely manner, the Comptroller General shall engage such other agency to determine—
(A) the cause and scope of such failure or refusal;
(B) the specific office or offices responsible for such failure or refusal; and
(C) recommendations for measures to ensure compliance with statutory requirements.
(3) The Comptroller General shall submit to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees in writing the results of each audit required by paragraph (1).
(4) The Comptroller General and the Secretary shall make the results of each audit required by paragraph (1) publicly available on the websites of the Government Accountability Office and the Department of State, respectively.
(i) The President shall, through the Secretary, promulgate such rules and regulations as may be necessary to carry out this section.
(j) It is the sense of Congress that the executive branch should not prescribe or otherwise commit to or include specific legislative text in a treaty, executive agreement, or non-binding instrument unless Congress has authorized such action.
(k) In this section:
(1) The term “appropriate congressional committees” means—
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of Representatives.
(2) The term “appropriate department or agency” means the department or agency of the United States Government that negotiates and enters into a qualifying non-binding instrument on behalf of itself or the United States.
(3) The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(4) The term “international agreement” includes—
(A) any treaty that requires the advice and consent of the Senate, pursuant to article II of the Constitution of the United States; and
(B) any other international agreement to which the United States is a party and that is not subject to the advice and consent of the Senate.
(5) The term “qualifying non-binding instrument”—
(A) except as provided in subparagraph (B), means a non-binding instrument that—
(i) is or will be under negotiation, is signed or otherwise becomes operative, or is implemented with one or more foreign governments, international organizations, or foreign entities, including non-state actors; and
(ii) (I) could reasonably be expected to have a significant impact on the foreign policy of the United States; or
(II) is the subject of a written communication from the Chair or Ranking Member of either of the appropriate congressional committees to the Secretary; and
(B) does not include any non-binding instrument that is signed or otherwise becomes operative or is implemented pursuant to the authorities relied upon by the Department of Defense, the Armed Forces of the United States, or any element of the intelligence community.
(6) The term “Secretary” means the Secretary of State.
(7) (A) The term “text” with respect to an international agreement or qualifying non-binding instrument includes—
(i) any annex, appendix, codicil, side agreement, side letter, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the international agreement or qualifying non-binding instrument; and
(ii) any implementing agreement or arrangement, or any document of similar purpose or function to the aforementioned regardless of the title of the document, that is entered into contemporaneously and in conjunction with the international agreement or qualifying non-binding instrument.
(B) As used in subparagraph (A), the term “contemporaneously and in conjunction with”—
(i) shall be construed liberally; and
(ii) may not be interpreted to require any action to have occurred simultaneously or on the same day.
(l) Nothing in this section may be construed—
(1) to authorize the withholding from disclosure to the public of any record if such disclosure is required by law; or
(2) to require the provision of any implementing agreement or arrangement, or any document of similar purpose or function regardless of its title, which was entered into by the Department of Defense, the Armed Forces of the United States, or any element of the intelligence community or any implementing material originating with the aforementioned agencies, if such implementing agreement, arrangement, document, or material was not required to be provided to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, or the appropriate congressional committees prior to the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.
(Added Pub. L. 92–403, § 1, Aug. 22, 1972, 86 Stat. 619; amended Pub. L. 95–45, § 5, June 15, 1977, 91 Stat. 224; Pub. L. 95–426, title VII, § 708, Oct. 7, 1978, 92 Stat. 993; Pub. L. 103–437, § 1, Nov. 2, 1994, 108 Stat. 4581; Pub. L. 108–458, title VII, § 7121(b)–(d), Dec. 17, 2004, 118 Stat. 3807, 3808; Pub. L. 116–260, div. FF, title XVII, § 1708(b), Dec. 27, 2020, 134 Stat. 3298; Pub. L. 117–263, div. E, title LIX, § 5947(a)(1), Dec. 23, 2022, 136 Stat. 3476.)
## Notes
Editorial Notes
References in TextExecutive Order 13526, referred to in subsec. (b)(3)(A), is Ex. Ord. No. 13526, Dec. 29, 2009, 75 F.R. 707, 1013, which is set out as a note under section 3161 of Title 50, War and National Defense. The Foreign Assistance Act of 1961, referred to in subsec. (b)(3)(C), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables. The Food for Peace Act, referred to in subsec. (b)(3)(C), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified principally to chapter 41 (§ 1691 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables. The date of the enactment of this section, and the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, referred to in subsecs. (h)(1) and (l)(2), are the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022.
Amendments2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to requirements for transmitting the text of United States international agreements and various reports to Congress. 2020—Subsec. (g). Pub. L. 116–260 added subsec. (g). 2004—Subsec. (a). Pub. L. 108–458, § 7121(b), substituted “Committee on International Relations” for “Committee on Foreign Affairs”. Subsec. (d). Pub. L. 108–458, § 7121(c), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 108–458, § 7121(d), designated existing provisions as par. (1), substituted “Subject to paragraph (2), the Secretary of State” for “The Secretary of State”, and added par. (2). Pub. L. 108–458, § 7121(c)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 108–458, § 7121(c)(1), redesignated subsec. (e) as (f). 1994—Subsec. (a). Pub. L. 103–437 substituted “Committee on Foreign Affairs” for “Committee on International Relations”. 1978—Pub. L. 95–426 designated existing provisions as subsec. (a), inserted “(including the text of any oral international agreement, which agreement shall be reduced to writing)”, and added subsecs. (b) to (e). 1977—Pub. L. 95–45 substituted “Committee on International Relations of the House of Representatives” for “Committee on Foreign Affairs of the House of Representatives” and inserted requirement that any department or agency of the United States Government which enters into any international agreement on behalf of the United States transmit to the Department of State the text of such agreement not later than twenty days after the agreement has been signed.
Statutory Notes and Related Subsidiaries
Change of Name Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 2022 AmendmentAmendment by Pub. L. 117–263 effective 270 days after Dec. 23, 2022, see section 5947(c) of Pub. L. 117–263, set out as a note under section 112a of this title.
Short TitleThis section is popularly known as the Case-Zablocki Act.
Rules and RegulationsPub. L. 117–263, div. E, title LIX, § 5947(a)(5), Dec. 23, 2022, 136 Stat. 3482, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the President, through the Secretary of State, shall promulgate such rules and regulations as may be necessary to carry out section 112b of title 1, United States Code, as amended by paragraph (1).”
Mechanism for ReportingPub. L. 117–263, div. E, title LIX, § 5947(a)(4), Dec. 23, 2022, 136 Stat. 3481, provided that: “Not later than 270 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of State shall establish a mechanism for personnel of the Department of State who become aware or who have reason to believe that the requirements under section 112b of title 1, United States Code, as amended by paragraph (1), have not been fulfilled with respect to an international agreement or qualifying non-binding instrument (as such terms are defined in such section) to report such instances to the Secretary.”
Consultation and Briefing RequirementPub. L. 117–263, div. E, title LIX, § 5947(a)(6), Dec. 23, 2022, 136 Stat. 3482, provided that: “(A) Consultation.—The Secretary of State shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on matters related to the implementation of this section [amending this section, section 112a of this title, and section 195c of Title 6, Domestic Security, and enacting provisions set out as notes under this section and section 112a of this title] and the amendments made by this section before and after the effective date described in subsection (c) [see Effective Date of 2022 Amendment note set out under section 112a of this title]. “(B) Briefing.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2022], and once every 90 days thereafter for 1 year, the Secretary shall brief the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives regarding the status of efforts to implement this section and the amendments made by this section.”
EnforcementPub. L. 100–204, title I, § 139, Dec. 22, 1987, 101 Stat. 1347, as amended by Pub. L. 108–458, title VII, § 7121(e), Dec. 17, 2004, 118 Stat. 3808, restricted the use of funds during fiscal years 2005, 2006, and 2007 to implement international agreements whose text was not transmitted to Congress within 60 days pursuant to former section 112b.
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# 1 U.S.C. § 113 - “Little and Brown’s” edition of laws and treaties; slip laws; Treaties and Other International Acts Series; admissibility in evidence
## Text
The edition of the laws and treaties of the United States, published by Little and Brown, and the publications in slip or pamphlet form of the laws of the United States issued under the authority of the Archivist of the United States, and the Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent evidence of the several public and private Acts of Congress, and of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and international agreements other than treaties, as the case may be, therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.
(July 30, 1947, ch. 388, 61 Stat. 636; Pub. L. 89–497, § 1, July 8, 1966, 80 Stat. 271; Pub. L. 98–497, title I, § 107(d), Oct. 19, 1984, 98 Stat. 2291.)
## Notes
Editorial Notes
Amendments1984—Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services”. 1966—Pub. L. 89–497 made slip laws and the Treaties and Other International Acts Series competent legal evidence of the several acts of Congress and the treaties and other international agreements contained therein.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
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# 1 U.S.C. § 114 - Sealing of instruments
## Text
In all cases where a seal is necessary by law to any commission, process, or other instrument provided for by the laws of Congress, it shall be lawful to affix the proper seal by making an impression therewith directly on the paper to which such seal is necessary; which shall be as valid as if made on wax or other adhesive substance.
(July 30, 1947, ch. 388, 61 Stat. 636.)
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# 1 U.S.C. § 201 - Publication and distribution of Code of Laws of United States and Supplements and District of Columbia Code and Supplements
## Text
In order to avoid duplication and waste—
(a) Publishing in slip or pamphlet form or in Statutes at Large.— Publication in slip or pamphlet form or in the Statutes at Large of any of the volumes or publications enumerated in sections 202 and 203 of this title, shall, in event of enactment, be dispensed with whenever the Committee on the Judiciary of the House of Representatives so directs the Archivist of the United States;
(b) Curtailing number of copies published.— Curtailment of the number provided by law to be printed and distributed of the volumes or publications enumerated in sections 202 and 203 of this title may be directed by such committee, except that the Director of the Government Publishing Office shall print such numbers as are necessary for depository library distribution and for sale; and
(c) Dispensing with publication of more than one Supplement for each Congress.— Such committee may direct that the printing and distribution of any supplement to the Code of Laws of the United States or to the Code of the District of Columbia be dispensed with entirely, except that there shall be printed and distributed for each Congress at least one supplement to each such code, containing the legislation of such Congress.
(July 30, 1947, ch. 388, 61 Stat. 637; Sept. 3, 1954, ch. 1263, § 1, 68 Stat. 1226; Pub. L. 98–497, title I, § 107(d), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 113–235, div. H, title I, § 1301(d), Dec. 16, 2014, 128 Stat. 2537.)
## Notes
Editorial Notes
Amendments1984—Subsec. (a). Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services”. 1954—Subsec. (a). Act Sept. 3, 1954, substituted “Administrator of General Services” for “Secretary of State”.
Statutory Notes and Related Subsidiaries
Change of Name “Director of the Government Publishing Office” substituted for “Public Printer” in subsec. (b) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
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# 1 U.S.C. § 202 - Preparation and publication of Codes and Supplements
## Text
There shall be prepared and published under the supervision of the Committee on the Judiciary of the House of Representatives—
(a) Cumulative Supplements to Code of Laws of United States for each session of Congress.— A supplement for each session of the Congress to the then current edition of the Code of Laws of the United States, cumulatively embracing the legislation of the then current supplement, and correcting errors in such edition and supplement;
(b) Cumulative Supplement to District of Columbia Code for each session of Congress.— A supplement for each session of the Congress to the then current edition of the Code of the District of Columbia, cumulatively embracing the legislation of the then current supplement, and correcting errors in such edition and supplement;
(c) New editions of Codes and Supplements.— New editions of the Code of Laws of the United States and of the Code of the District of Columbia, correcting errors and incorporating the then current supplement. In the case of each code new editions shall not be published oftener than once in each five years. Copies of each such edition shall be distributed in the same manner as provided in the case of supplements to the code of which it is a new edition. Supplements published after any new edition shall not contain the legislation of supplements published before such new edition.
(July 30, 1947, ch. 388, 61 Stat. 637.)
## Notes
Statutory Notes and Related Subsidiaries
Cross References Council of the District of Columbia, functions respecting, see section 2 of Pub. L. 94–386, Aug. 14, 1976, 90 Stat. 1170, set out as a note under section 285b of Title 2, The Congress. Office of the Law Revision Counsel, functions respecting preparation, revision, publication, etc., see section 285b of Title 2.
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# 1 U.S.C. § 203 - District of Columbia Code; preparation and publication; cumulative supplements
## Text
The Committee on the Judiciary of the House of Representatives is authorized to print bills to codify, revise, and reenact the general and permanent laws relating to the District of Columbia and cumulative supplements thereto, similar in style, respectively, to the Code of Laws of the United States, and supplements thereto, and to so continue until final enactment thereof in both Houses of the Congress of the United States.
(July 30, 1947, ch. 388, 61 Stat. 638.)
## Notes
Statutory Notes and Related Subsidiaries
Commission on Revision of the Criminal Laws of the District of ColumbiaPub. L. 90–226, title X, Dec. 27, 1967, 81 Stat. 742, provided for creation and operation of a commission to study and make recommendations with reference to a revised code of criminal law and procedure for the District of Columbia, prior to repeal by Pub. L. 91–358, title VI, § 601, July 29, 1970, 84 Stat. 667, as amended by Pub. L. 91–530, § 2(b)(1), Dec. 7, 1970, 84 Stat. 1390.
Cross References Council of the District of Columbia, functions respecting, see section 2 of Pub. L. 94–386, Aug. 14, 1976, 90 Stat. 1170, set out as a note under section 285b of Title 2, The Congress. Office of the Law Revision Counsel, functions respecting, see section 285b of Title 2.
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# 1 U.S.C. § 204 - Codes and Supplements as evidence of the laws of United States and District of Columbia; citation of Codes and Supplements
## Text
In all courts, tribunals, and public offices of the United States, at home or abroad, of the District of Columbia, and of each State, Territory, or insular possession of the United States—
(a) United States Code.— The matter set forth in the edition of the Code of Laws of the United States current at any time shall, together with the then current supplement, if any, establish prima facie the laws of the United States, general and permanent in their nature, in force on the day preceding the commencement of the session following the last session the legislation of which is included: Provided, however, That whenever titles of such Code shall have been enacted into positive law the text thereof shall be legal evidence of the laws therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.
(b) District of Columbia Code.— The matter set forth in the edition of the Code of the District of Columbia current at any time shall, together with the then current supplement, if any, establish prima facie the laws, general and permanent in their nature, relating to or in force in the District of Columbia on the day preceding the commencement of the session following the last session the legislation of which is included, except such laws as are of application in the District of Columbia by reason of being laws of the United States general and permanent in their nature.
(c) District of Columbia Code; citation.— The Code of the District of Columbia may be cited as “D.C. Code”.
(d) Supplements to Codes; citation.— Supplements to the Code of Laws of the United States and to the Code of the District of Columbia may be cited, respectively, as “U.S.C., Sup.  ”, and “D.C. Code, Sup.  ”, the blank in each case being filled with Roman figures denoting the number of the supplement.
(e) New edition of Codes; citation.— New editions of each of such codes may be cited, respectively, as “U.S.C.,  ed.”, and “D.C. Code, ed.”, the blank in each case being filled with figures denoting the last year the legislation of which is included in whole or in part.
(July 30, 1947, ch. 388, 61 Stat. 638.)
## Notes
Editorial Notes
United States Code Titles as Positive LawThe following titles of the United States Code were enacted into positive law by the acts enumerated below: Title 1, General Provisions—Act July 30, 1947, ch. 388, § 1, 61 Stat. 633. Title 3, The President—Act June 25, 1948, ch. 644, § 1, 62 Stat. 672. Title 4, Flag and Seal, Seat of Government, and the States—Act July 30, 1947, ch. 389, § 1, 61 Stat. 641. Title 5, Government Organization and Employees—Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378; Pub. L. 117–286, § 3, Dec. 27, 2022, 136 Stat. 4197. Title 9, Arbitration—Act July 30, 1947, ch. 392, § 1, 61 Stat. 669. Title 10, Armed Forces—Act Aug. 10, 1956, ch. 1041, § 1, 70 Stat. 1126, set out beginning at 70A Stat. 1. Title 11, Bankruptcy—Pub. L. 95–598, title I, § 101, Nov. 6, 1978, 92 Stat. 2549. Title 13, Census—Act Aug. 31, 1954, ch. 1158, 68 Stat. 1012. Title 14, Coast Guard—Act Aug. 4, 1949, ch. 393, § 1, 63 Stat. 495. Title 17, Copyrights—Act July 30, 1947, ch. 391, § 1, 61 Stat. 652, as amended Oct. 19, 1976, Pub. L. 94–553, title I, § 101, 90 Stat. 2541. Title 18, Crimes and Criminal Procedure—Act June 25, 1948, ch. 645, § 1, 62 Stat. 683. Title 23, Highways—Pub. L. 85–767, § 1, Aug. 27, 1958, 72 Stat. 885. Title 28, Judiciary and Judicial Procedure—Act June 25, 1948, ch. 646, § 1, 62 Stat. 869. Title 31, Money and Finance—Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877. Title 32, National Guard—Act Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 596. Title 34, Navy—See Title 10, Armed Forces. Title 35, Patents—Act July 19, 1952, ch. 950, § 1, 66 Stat. 792. Title 36, Patriotic and National Observances, Ceremonies, and Organizations—Pub. L. 105–225, § 1, Aug. 12, 1998, 112 Stat. 1253. Title 37, Pay and Allowances of the Uniformed Services—Pub. L. 87–649, § 1, Sept. 7, 1962. 76 Stat. 451. Title 38, Veterans’ Benefits—Pub. L. 85–857, § 1, Sept. 2, 1958, 72 Stat. 1105. Title 39, Postal Service—Pub. L. 86–682, § 1, Sept. 2, 1960, 74 Stat. 578, as revised Pub. L. 91–375, § 2, Aug. 12, 1970, 84 Stat. 719. Title 40, Public Buildings, Property, and Works—Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. Title 41, Public Contracts—Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3677. Title 44, Public Printing and Documents—Pub. L. 90–620, § 1, Oct. 22, 1968, 82 Stat. 1238. Title 46, Shipping—Pub. L. 98–89, § 1, Aug. 26, 1983, 97 Stat. 500; Pub. L. 99–509, title V, subtitle B, § 5101, Oct. 21, 1986, 100 Stat. 1913; Pub. L. 100–424, § 6, Sept. 9, 1988, 102 Stat. 1591; Pub. L. 100–710, title I, § 102, Nov. 23, 1988, 102 Stat. 4738; Pub. L. 109–304, Oct. 6, 2006, 120 Stat. 1485. Title 49, Transportation—Pub. L. 95–473, § 1, Oct. 17, 1978, 92 Stat. 1337; Pub. L. 97–449, § 1, Jan. 12, 1983, 96 Stat. 2413; Pub. L. 103–272, § 1, July 5, 1994, 108 Stat. 745. Title 51, National and Commercial Space Programs—Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3328. Title 54, National Park Service and Related Programs—Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3094.
Title 26, Internal Revenue CodeThe Internal Revenue Code of 1954 was enacted in the form of a separate code by act Aug. 16, 1954, ch. 736, 68A Stat. 1. Pub. L. 99–514, § 2(a), Oct. 22, 1986, 100 Stat. 2095, provided that the Internal Revenue Title enacted Aug. 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. The sections of Title 26, United States Code, are identical to the sections of the Internal Revenue Code.
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# 1 U.S.C. § 205 - Codes and Supplement; where printed; form and style; ancillaries
## Text
The publications provided for in sections 202, 203 of this title shall be printed at the Government Publishing Office and shall be in such form and style and with such ancillaries as may be prescribed by the Committee on the Judiciary of the House of Representatives. The Librarian of Congress is directed to cooperate with such committee in the preparation of such ancillaries. Such publications shall be furnished with such thumb insets and other devices to distinguish parts, with such facilities for the insertion of additional matter, and with such explanatory and advertising slips, and shall be printed on such paper and bound in such material, as may be prescribed by such committee.
(July 30, 1947, ch. 388, 61 Stat. 639; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name “Government Publishing Office” substituted for “Government Printing Office” in text on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
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# 1 U.S.C. § 206 - Bills and resolutions of Committee on the Judiciary of House of Representatives; form and style; ancillaries; curtailment of copies
## Text
All bills and resolutions relating to the revision of the laws referred to or reported by the Committee on the Judiciary of the House of Representatives shall be printed in such form and style, and with such ancillaries, as such committee may prescribe as being economical and suitable, to so continue until final enactment thereof in both Houses of Congress; and such committee may also curtail the number of copies of such bills to be printed in the various parliamentary stages in the House of Representatives.
(July 30, 1947, ch. 388, 61 Stat. 639.)
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# 1 U.S.C. § 207 - Copies of acts and resolutions in slip form; additional number printed for Committee on the Judiciary of House of Representatives
## Text
The Director of the Government Publishing Office is directed to print, in addition to the number provided by existing law, and, as soon as printed, to distribute in such manner as the Committee on the Judiciary of the House of Representatives shall determine, twenty copies in slip form of each public Act and joint resolution.
(July 30, 1947, ch. 388, 61 Stat. 639; Pub. L. 113–235, div. H, title I, § 1301(d), Dec. 16, 2014, 128 Stat. 2537.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name “Director of the Government Publishing Office” substituted for “Public Printer” in text on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.
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# 1 U.S.C. § 208 - Delegation of function of Committee on the Judiciary to other agencies; printing, and so forth, under direction of Joint Committee on Printing
## Text
The functions vested by sections 201, 202, 204–207 of this title in the Committee on the Judiciary of the House of Representatives may from time to time be vested in such other agency as the Congress may by concurrent resolution provide: Provided, That the printing, binding, and distribution of the volumes and publications enumerated in sections 202, 203 of this title shall be done under the direction of the Joint Committee on Printing.
(July 30, 1947, ch. 388, 61 Stat. 639.)
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# 1 U.S.C. § 209 - Copies of Supplements to Code of Laws of United States and of District of Columbia Code and Supplements; conclusive evidence of original
## Text
Copies of the Code of Laws relating to the District of Columbia and copies of the supplements provided for by sections 202 and 203 of this title printed at the Government Publishing Office and bearing its imprint, shall be conclusive evidence of the original of such code and supplements in the custody of the Administrator of General Services.
(July 30, 1947, ch. 388, 61 Stat. 639; Sept. 3, 1954, ch. 1263, § 2, 68 Stat. 1226; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
## Notes
Editorial Notes
Amendments1954—Act Sept. 3, 1954, substituted “Administrator of General Services” for “Secretary of State”.
Statutory Notes and Related Subsidiaries
Change of Name “Government Publishing Office” substituted for “Government Printing Office” in text on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
legal/us/code/title-01/chapter-3/section-210.md
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# 1 U.S.C. § 210 - Distribution of Supplements to Code of Laws of United States and of District of Columbia Code and Supplements; slip and pamphlet copies
## Text
Copies of the Code of Laws relating to the District of Columbia, and of the supplements provided for by sections 202, 203 of this title shall be distributed by the Superintendent of Documents in the same manner as bound volumes of the Statutes at Large: Provided, That no slip or pamphlet copies of the Code of Laws relating to the District of Columbia, and of the supplements provided for by sections 202, 203 of this title need be printed or distributed.
(July 30, 1947, ch. 388, 61 Stat. 640.)
## Notes
Statutory Notes and Related Subsidiaries
Cross References Distribution of Statutes at Large, see section 728 of Title 44, Public Printing and Documents.
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# 1 U.S.C. § 211 - Copies to Members of Congress
## Text
In addition to quotas provided for by section 210 of this title there shall be printed, published, and distributed of the Code of Laws relating to the District of Columbia with tables, index, and other ancillaries, suitably bound and with thumb inserts and other convenient devices to distinguish the parts, and of the supplements to both codes as provided for by sections 202, 203 of this title, ten copies of each for each Member of the Senate and House of Representatives of the Congress in which the original authorized publication is made, for his use and distribution, and in addition for the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a number of bound copies of each equal to ten times the number of members of such committees, and one bound copy of each for the use of each committee of the Senate and House of Representatives.
(July 30, 1947, ch. 388, 61 Stat. 640.)
## Notes
Statutory Notes and Related Subsidiaries
Limitation on Copies of New Editions for House of RepresentativesPub. L. 92–342, § 101, July 10, 1972, 86 Stat. 447, provided that: “Hereafter, appropriations for authorized printing and binding for the Congress shall not be available under the authority of the Act of July 30, 1947 (1 U.S.C. 211) for the printing, publication, and distribution of more than two copies of new editions of the Code of Laws of the United States and of the Code of the District of Columbia for each Member of the House of Representatives.”
Written Requests for DocumentsCopies of District of Columbia Code and Supplements not available to Senators or Representatives unless specifically requested by them, in writing, see Pub. L. 94–59, title VIII, § 801, July 25, 1975, 89 Stat. 296, set out as a note under section 1317 of Title 44, Public Printing and Documents.
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# 1 U.S.C. § 212 - Additional distribution at each new Congress
## Text
In addition the Superintendent of Documents shall, at the beginning of the first session of each Congress, supply to each Senator and Representative in such Congress, who may in writing apply for the same, one copy each of the Code of Laws of the United States, the Code of Laws relating to the District of Columbia, and the latest supplement to each code: Provided, That such applicant shall certify in his written application for the same that the volume or volumes for which he applies is intended for his personal use exclusively: And provided further, That no Senator or Representative during his term of service shall receive under this section more than one copy each of the volumes enumerated herein.
(July 30, 1947, ch. 388, 61 Stat. 640.)
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# 1 U.S.C. § 213 - Appropriation for preparing and editing supplements
## Text
For preparation and editing an annual appropriation of $6,500 is authorized to carry out the purposes of sections 202 and 203 of this title.
(July 30, 1947, ch. 388, 61 Stat. 640.)
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# 2 U.S.C. § 1 - Time for election of Senators
## Text
At the regular election held in any State next preceding the expiration of the term for which any Senator was elected to represent such State in Congress, at which election a Representative to Congress is regularly by law to be chosen, a United States Senator from said State shall be elected by the people thereof for the term commencing on the 3d day of January next thereafter.
(June 4, 1914, ch. 103, § 1, 38 Stat. 384; June 5, 1934, ch. 390, § 3, 48 Stat. 879.)
## Notes
Editorial Notes
Amendments1934—Act June 5, 1934, substituted “3d day of January” for “fourth day of March”.
Constitutional ProvisionsThe first section of Amendment XX to the Constitution provides in part: “* * * the terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.” Time for election of Senators, see Const. Art. I, § 4, cl. 1. Vacancies in the Senate, see Const. Amend. XVII.
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# 2 U.S.C. § 1a - Election to be certified by governor
## Text
It shall be the duty of the executive of the State from which any Senator has been chosen to certify his election, under the seal of the State, to the President of the Senate of the United States.
(R.S. § 18.)
## Notes
Editorial Notes
Codification R.S. § 18 derived from act July 25, 1866, ch. 245, § 3, 14 Stat. 244.
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---
type: "LegalText"
title: "2 U.S.C. § 1b"
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# 2 U.S.C. § 1b - Countersignature of certificate of election
## Text
The certificate mentioned in section 1a of this title shall be countersigned by the secretary of state of the State.
(R.S. § 19.)
## Notes
Editorial Notes
Codification R.S. § 19 derived from act July 25, 1866, ch. 245, § 3, 14 Stat. 244.
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# 2 U.S.C. § 2 - Omitted
## Notes
Editorial Notes
Codification Section, act Aug. 8, 1911, ch. 5, §§ 1, 2, 37 Stat. 13, 14, fixed composition of House of Representatives at 435 Members, to be apportioned to the States therein enumerated. For provisions dealing with reapportionment of Representatives and manner of election, etc., see sections 2a and 2b of this title.
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# 2 U.S.C. § 2a - Reapportionment of Representatives; time and manner; existing decennial census figures as basis; statement by President; duty of clerk
## Text
(a) On the first day, or within one week thereafter, of the first regular session of the Eighty-second Congress and of each fifth Congress thereafter, the President shall transmit to the Congress a statement showing the whole number of persons in each State, excluding Indians not taxed, as ascertained under the seventeenth and each subsequent decennial census of the population, and the number of Representatives to which each State would be entitled under an apportionment of the then existing number of Representatives by the method known as the method of equal proportions, no State to receive less than one Member.
(b) Each State shall be entitled, in the Eighty-third Congress and in each Congress thereafter until the taking effect of a reapportionment under this section or subsequent statute, to the number of Representatives shown in the statement required by subsection (a) of this section, no State to receive less than one Member. It shall be the duty of the Clerk of the House of Representatives, within fifteen calendar days after the receipt of such statement, to send to the executive of each State a certificate of the number of Representatives to which such State is entitled under this section. In case of a vacancy in the office of Clerk, or of his absence or inability to discharge this duty, then such duty shall devolve upon the Sergeant at Arms of the House of Representatives.
(c) Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is entitled under such apportionment shall be elected in the following manner: (1) If there is no change in the number of Representatives, they shall be elected from the districts then prescribed by the law of such State, and if any of them are elected from the State at large they shall continue to be so elected; (2) if there is an increase in the number of Representatives, such additional Representative or Representatives shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; (3) if there is a decrease in the number of Representatives but the number of districts in such State is equal to such decreased number of Representatives, they shall be elected from the districts then prescribed by the law of such State; (4) if there is a decrease in the number of Representatives but the number of districts in such State is less than such number of Representatives, the number of Representatives by which such number of districts is exceeded shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; or (5) if there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, they shall be elected from the State at large.
(June 18, 1929, ch. 28, § 22, 46 Stat. 26; Apr. 25, 1940, ch. 152, 54 Stat. 162; Nov. 15, 1941, ch. 470, § 1, 55 Stat. 761; Pub. L. 104–186, title II, § 201, Aug. 20, 1996, 110 Stat. 1724.)
## Notes
Editorial Notes
Amendments1996—Subsec. (b). Pub. L. 104–186 struck out at end “; and in case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or the absence or inability of both to act, such duty shall devolve upon the Doorkeeper of the House of Representatives”. 1941—Act Nov. 15, 1941, provided for reapportionment based on seventeenth and subsequent decennial censuses. 1940—Act Apr. 25, 1940, provided for reapportionment based on sixteenth decennial census.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report required by subsec. (a) of this section is listed on page 17), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
Constitutional ProvisionsApportionment of Representatives among the several States, see Const. Art. I, § 2, cl. 3, and Amend. XIV, § 2.
Temporary Increase in MembershipRepresentation of States of Alaska and Hawaii in House of Representatives as not affecting basis of apportionment established by this section, see section 9 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions, and section 8 of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48.
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# 2 U.S.C. § 2b - Number of Representatives from each State in 78th and subsequent Congresses
## Text
Each State shall be entitled, in the Seventy-eighth and in each Congress thereafter until the taking effect of a reapportionment under a subsequent statute or section 2a of this title, to the number of Representatives shown in the statement transmitted to the Congress on January 8, 1941, based upon the method known as the method of equal proportions, no State to receive less than one Member.
(Nov. 15, 1941, ch. 470, § 2(a), 55 Stat. 762.)
## Notes
Statutory Notes and Related Subsidiaries
Certificates to Executives of StatesAct Nov. 15, 1941, ch. 470, § 2(b), 55 Stat. 762, required Clerk of House of Representatives, within 15 days of Nov. 15, 1941, to send a new certificate of entitlement of a State to Representatives, if such a certificate had been sent prior to Nov. 15, 1941, under provisions of section 2a of this title.
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# 2 U.S.C. § 2c - Number of Congressional Districts; number of Representatives from each District
## Text
In each State entitled in the Ninety-first Congress or in any subsequent Congress thereafter to more than one Representative under an apportionment made pursuant to the provisions of section 2a(a) of this title, there shall be established by law a number of districts equal to the number of Representatives to which such State is so entitled, and Representatives shall be elected only from districts so established, no district to elect more than one Representative (except that a State which is entitled to more than one Representative and which has in all previous elections elected its Representatives at Large may elect its Representatives at Large to the Ninety-first Congress).
(Pub. L. 90–196, Dec. 14, 1967, 81 Stat. 581.)
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# 2 U.S.C. § 5 - Nominations for Representatives at large
## Text
Candidates for Representative or Representatives to be elected at large in any State shall be nominated in the same manner as candidates for governor, unless otherwise provided by the laws of such State.
(Aug. 8, 1911, ch. 5, § 5, 37 Stat. 14.)
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# 2 U.S.C. § 6 - Reduction of representation
## Text
Should any State deny or abridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article 14, section 2, except for participation in the rebellion or other crime, the number of Representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State.
(R.S. § 22.)
## Notes
Editorial Notes
Codification R.S. § 22 derived from act Feb. 2, 1872, ch. 11, § 6, 17 Stat. 29.
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# 2 U.S.C. § 7 - Time of election
## Text
The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.
(R.S. § 25; Mar. 3, 1875, ch. 130, § 6, 18 Stat. 400; June 5, 1934, ch. 390, § 2, 48 Stat. 879.)
## Notes
Editorial Notes
Codification R.S. § 25 derived from act Feb. 2, 1872, ch. 11, § 3, 17 Stat. 28. The second sentence of this section, which was based on section 6 of the act Mar. 3, 1875 and made this section inapplicable to any State that had not yet changed its day of election and whose constitution required an amendment to change the day of election of its State officers, was omitted.
Amendments1934—Act June 5, 1934, substituted “3d day of January” for “fourth day of March”.
Constitutional ProvisionsThe first section of Amendment XX to the Constitution provides: “The terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.” Time for election of Representatives, see Const. Art. I, § 4, cl. 1.
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# 2 U.S.C. § 8 - Vacancies
## Text
(a) In general Except as provided in subsection (b), the time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively.
(b) Special rules in extraordinary circumstances (1) In general In extraordinary circumstances, the executive authority of any State in which a vacancy exists in its representation in the House of Representatives shall issue a writ of election to fill such vacancy by special election.
(2) Timing of special election A special election held under this subsection to fill a vacancy shall take place not later than 49 days after the Speaker of the House of Representatives announces that the vacancy exists, unless, during the 75-day period which begins on the date of the announcement of the vacancy—
(A) a regularly scheduled general election for the office involved is to be held; or
(B) another special election for the office involved is to be held, pursuant to a writ for a special election issued by the chief executive of the State prior to the date of the announcement of the vacancy.
(3) Nominations by parties If a special election is to be held under this subsection, the determination of the candidates who will run in such election shall be made—
(A) by nominations made not later than 10 days after the Speaker announces that the vacancy exists by the political parties of the State that are authorized by State law to nominate candidates for the election; or
(B) by any other method the State considers appropriate, including holding primary elections, that will ensure that the State will hold the special election within the deadline required under paragraph (2).
(4) Extraordinary circumstances (A) In general In this subsection, “extraordinary circumstances” occur when the Speaker of the House of Representatives announces that vacancies in the representation from the States in the House exceed 100.
(B) Judicial review If any action is brought for declaratory or injunctive relief to challenge an announcement made under subparagraph (A), the following rules shall apply:
(i) Not later than 2 days after the announcement, the action shall be filed in the United States District Court having jurisdiction in the district of the Member of the House of Representatives whose seat has been announced to be vacant and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28.
(ii) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives.
(iii) A final decision in the action shall be made within 3 days of the filing of such action and shall not be reviewable.
(iv) The executive authority of the State that contains the district of the Member of the House of Representatives whose seat has been announced to be vacant shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the announcement of such vacancy.
(5) Protecting ability of absent military and overseas voters to participate in special elections (A) Deadline for transmittal of absentee ballots In conducting a special election held under this subsection to fill a vacancy in its representation, the State shall ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots for the election are transmitted to absent uniformed services voters and overseas voters (as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act [52 U.S.C. 20301 et seq.]) not later than 15 days after the Speaker of the House of Representatives announces that the vacancy exists.
(B) Period for ballot transit time Notwithstanding the deadlines referred to in paragraphs (2) and (3), in the case of an individual who is an absent uniformed services voter or an overseas voter (as such terms are defined in the Uniformed and Overseas Citizens Absentee Voting Act), a State shall accept and process any otherwise valid ballot or other election material from the voter so long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits the ballot or other material to the voter.
(6) Application to District of Columbia and territories This subsection shall apply—
(A) to a Delegate or Resident Commissioner to the Congress in the same manner as it applies to a Member of the House of Representatives; and
(B) to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands in the same manner as it applies to a State, except that a vacancy in the representation from any such jurisdiction in the House shall not be taken into account by the Speaker in determining whether vacancies in the representation from the States in the House exceed 100 for purposes of paragraph (4)(A).
(7) Rule of construction regarding Federal election laws Nothing in this subsection may be construed to affect the application to special elections under this subsection of any Federal law governing the administration of elections for Federal office (including any law providing for the enforcement of any such law), including, but not limited to, the following:
(A) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.], as amended.
(B) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.) [now 52 U.S.C. 20101 et seq.], as amended.
(C) The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) [now 52 U.S.C. 20301 et seq.], as amended.
(D) The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) [now 52 U.S.C. 20501 et seq.], as amended.
(E) The Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), as amended.
(F) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as amended.
(G) The Help America Vote Act of 2002 (42 U.S.C. 15301 et seq.) [now 52 U.S.C. 20901 et seq.], as amended.
(R.S. § 26; Pub. L. 109–55, title III, § 301, Aug. 2, 2005, 119 Stat. 588.)
## Notes
Editorial Notes
References in TextThe Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. (b)(5), (7)(C), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which was formerly classified principally to subchapter I–G (§ 1973ff et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 203 (§ 20301 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables. The Voting Rights Act of 1965, referred to in subsec. (b)(7)(A), is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437, which was formerly classified generally to subchapters I–A (§ 1973 et seq.), I–B (§ 1973aa et seq.), and I–C (§ 1973bb et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified generally to chapters 103 (§ 10301 et seq.), 105 (§ 10501 et seq.), and 107 (§ 10701 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables. The Voting Accessibility for the Elderly and Handicapped Act, referred to in subsec. (b)(7)(B), is Pub. L. 98–435, Sept. 28, 1984, 98 Stat. 1678, which was formerly classified generally to subchapter I–F (§ 1973ee et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified generally to chapter 201 (§ 20101 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables. The National Voter Registration Act of 1993, referred to in subsec. (b)(7)(D), is Pub. L. 103–31, May 20, 1993, 107 Stat. 77, which was formerly classified principally to subchapter I–H (§ 1973gg et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 205 (§ 20501 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables. The Americans with Disabilities Act of 1990, referred to in subsec. (b)(7)(E), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. The Rehabilitation Act of 1973, referred to in subsec. (b)(7)(F), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. The Help America Vote Act of 2002, referred to in subsec. (b)(7)(G), is Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, which was formerly classified principally to chapter 146 (§ 15301 et seq.) of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 209 (§ 20901 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables.
Codification R.S. § 26 derived from act Feb. 2, 1872, ch. 11, § 4, 17 Stat. 28.
Amendments2005—Pub. L. 109–55 designated existing provisions as subsec. (a), inserted heading, substituted “Except as provided in subsection (b), the time” for “The time”, and added subsec. (b).
Constitutional ProvisionsVacancies in the House of Representatives, see Const. Art. I, § 2, cl. 4.
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# 2 U.S.C. § 9 - Voting for Representatives
## Text
All votes for Representatives in Congress must be by written or printed ballot, or voting machine the use of which has been duly authorized by the State law; and all votes received or recorded contrary to this section shall be of no effect.
(R.S. § 27; Feb. 14, 1899, ch. 154, 30 Stat. 836.)
## Notes
Editorial Notes
Codification R.S. § 27 derived from acts Feb. 28, 1871, ch. 99, § 19, 16 Stat. 440, and May 30, 1872, ch. 239, 17 Stat. 192.
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# 2 U.S.C. § 291 - Congressional declaration of purpose
## Text
It is the purpose of this chapter to provide a classification system for the equitable establishment and adjustment of rates of compensation for, and for the efficient utilization of personnel in, certain positions under the House of Representatives to which this chapter applies, through—
(1) the creation and maintenance of orderly and equitable compensation relationships for such positions—
(A) in accordance with the principle of equal pay for substantially equal work, and
(B) with due regard to (i) differences in the levels of difficulty, responsibility, and qualification requirements of the work, (ii) the kind of work performed, (iii) satisfactory performance, and (iv) length of service;
(2) the application of appropriate position standards and position descriptions for such positions; and
(3) the adoption of organization and position titles in the House which accurately reflect the respective functions, duties, and responsibilities of those organizations and positions in the House to which this chapter applies.
(Pub. L. 88–652, § 2, Oct. 13, 1964, 78 Stat. 1079.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 88–652, § 17, Oct. 13, 1964, 78 Stat. 1084, provided that: “This Act [enacting this chapter and amending sections 88c and 4131 of this title] shall become effective on January 1, 1965.”
Short TitlePub. L. 88–652, § 1, Oct. 13, 1964, 78 Stat. 1079, provided that: “This Act [see Tables for classification] may be cited as the ‘House Employees Position Classification Act’.”
Savings ProvisionPub. L. 88–652, § 15, Oct. 13, 1964, 78 Stat. 1084, provided that: “(a) Notwithstanding any provision of this Act [this chapter], the aggregate (gross) rate of compensation of any employee immediately prior to the effective date of this Act [Jan. 1, 1965] shall not be reduced by reason of the enactment of this Act. “(b) For the purposes of applicable law relating to the payment to any individual of compensation from more than one civilian office or position, each employee of the House to whom this Act applies who, immediately prior to the effective date of this Act—“(1) is receiving basic compensation from more than one civilian office or position and “(2) is in compliance with such law shall be held and considered to be in compliance with such law on and after such effective date, notwithstanding the enactment of this Act, so long as such employee continues to receive, without break in service of more than thirty days, the same or lower rate of basic compensation in a position to which this Act does not apply.”
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# 2 U.S.C. § 292 - Positions affected
## Text
This chapter shall apply to—
(1) all positions under the Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General of the House of Representatives, except the positions of telephone operator and positions on the United States Capitol Police force;
(2) the position of minority pair clerk in the House;
(3) all positions under the House Recording Studio; and
(4) all positions under the House Radio and Television Correspondents’ Gallery and the House Periodical Press Gallery.
(Pub. L. 88–652, § 3, Oct. 13, 1964, 78 Stat. 1079; Pub. L. 104–53, title I, § 108(1), Nov. 19, 1995, 109 Stat. 522.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Amendments1995—Par. (1). Pub. L. 104–53 substituted “Chief Administrative Officer, and the Inspector General” for “Doorkeeper, and the Postmaster,”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
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# 2 U.S.C. § 293 - Compensation schedules
## Text
(a) (1) The Committee on House Oversight of the House of Representatives (hereinafter referred to as the “committee”) shall establish and maintain, and, from time to time, may revise, for positions to which this chapter applies (other than positions within the purview of subsection (b) of this section the compensation for which is fixed and adjusted from time to time in accordance with prevailing rates), a compensation schedule of per annum rates, which shall be known as the “House Employees Schedule” and for which the symbol shall be “HS”, subject to the following provisions:
(A) Such schedule shall be composed of such number of compensation levels as the committee deems appropriate.
(B) Each compensation level shall consist of twelve compensation steps.
(C) The per annum rate of compensation for each compensation step of each compensation level shall be in such amount as the committee deems appropriate, except that the per annum rate of compensation for the maximum compensation step of the highest compensation level shall not exceed the maximum rate of compensation authorized by chapter 51 and subchapter III of chapter 53 of title 5.
(2) The rates of compensation for such positions shall be in accordance with such schedule.
(b) The committee shall establish and maintain, and, from time to time, may revise, for positions under the Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General of the House of Representatives, the compensation for which, in the judgment of the committee, should be fixed and adjusted from time to time in accordance with prevailing rates, a compensation schedule providing for per annum or per hour rates, or both, established in accordance with prevailing rates and consisting of such number of compensation levels and steps as the committee deems appropriate, which shall be known as the “House Wage Schedule” and for which the symbol shall be “HWS”. The rates of compensation for such positions shall be in accordance with such schedule. Notwithstanding any other provision of this chapter, for purposes of applying the adjustment made by the committee under this subsection for 2002 and each succeeding year (other than any period during which a memorandum of understanding described in section 2168(a) of this title is in effect), positions under the Chief Administrative Officer shall include positions of the United States Capitol telephone exchange under the Chief Administrative Officer.
(Pub. L. 88–652, § 4, Oct. 13, 1964, 78 Stat. 1079; Pub. L. 104–53, title I, § 108(2), Nov. 19, 1995, 109 Stat. 522; Pub. L. 104–186, title II, § 209(1), Aug. 20, 1996, 110 Stat. 1743; Pub. L. 107–68, title III, § 310, Nov. 12, 2001, 115 Stat. 592; Pub. L. 108–447, div. G, title II, § 215(d), Dec. 8, 2004, 118 Stat. 3198.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Amendments2004—Subsec. (b). Pub. L. 108–447 in last sentence substituted “succeeding year (other than any period during which a memorandum of understanding described in section 2168(a) of this title is in effect),” for “succeeding year,”. 2001—Subsec. (b). Pub. L. 107–68 inserted at end “Notwithstanding any other provision of this chapter, for purposes of applying the adjustment made by the committee under this subsection for 2002 and each succeeding year, positions under the Chief Administrative Officer shall include positions of the United States Capitol telephone exchange under the Chief Administrative Officer.” 1996—Subsec. (a)(1). Pub. L. 104–186 substituted “House Oversight” for “House Administration”. 1995—Subsec. (b). Pub. L. 104–53 substituted “Chief Administrative Officer, and the Inspector General” for “Doorkeeper, and the Postmaster,”.
Statutory Notes and Related Subsidiaries
Change of Name Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 2004 AmendmentAmendment by Pub. L. 108–447 applicable with respect to fiscal year 2005 and each succeeding fiscal year, see section 2168(f) of this title.
Effective DateSection effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
Increases in CompensationIncreases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of Speaker of the House, set out as notes under those sections.
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# 2 U.S.C. § 293a to 293c - Omitted
## Notes
Section 293a, Pub. L. 89–301, § 11(c), Oct. 29, 1965, 79 Stat. 1120, required compensation of employees of House of Representatives whose compensation is fixed under this chapter to be increased by amounts equal to increases provided by section 60e–12(a) of this title.
Section 293b, Pub. L. 89–504, title III, § 302(c), July 18, 1966, 80 Stat. 295, required compensation of employees of House of Representatives whose compensation is fixed under this chapter to be increased by amounts equal to increases provided by section 60e–13(a) of this title.
Section 293c, Pub. L. 90–206, title II, § 214(c), Dec. 16, 1967, 81 Stat. 636, required compensation of employees of House of Representatives whose compensation is fixed under this chapter to be increased by amounts equal to increases provided by section 60e–14(a) of this title.
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# 2 U.S.C. § 294 - Position standards and descriptions
## Text
(a) (1) It shall be the duty of the committee to prescribe, revise, and (on a current basis) maintain position standards which shall apply to positions (in existence on, or established after, January 1, 1965) under the House of Representatives to which this chapter applies.
(2) The position standards shall—
(A) provide for the separation of such positions into appropriate classes for pay and personnel purposes on the basis of reasonable similarity with respect to types of positions, qualification requirements of positions, and levels of difficulty and responsibility of work, and
(B) govern the placement of such positions in their respective appropriate compensation levels of the appropriate compensation schedule.
(b) (1) Subject to review and approval by the committee, the Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General of the House of Representatives, shall prepare, revise, and (on a current basis) maintain, at such times and in such form as the committee deems appropriate, position descriptions of the respective positions (in existence on, or established after, January 1, 1965) under the House of Representatives to which this chapter applies which are under their respective jurisdictions, including—
(A) with respect to the Clerk, positions under the House Recording Studio,
(B) with respect to the Sergeant at Arms, the position of minority pair clerk in the House, and
(C) with respect to the Chief Administrative Officer, positions under the House Radio and Television Correspondents’ Gallery and the House Periodical Press Gallery.
(2) The position descriptions shall—
(A) describe in detail the actual duties, responsibilities, and qualification requirements of the work of each of such positions,
(B) provide a position title for such position which accurately reflects such duties and responsibilities, and
(C) govern the placement of such position in its appropriate class.
(c) The Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General of the House of Representatives, shall transmit to the committee, at such times and in such form as the committee deems appropriate, all position descriptions required by subsection (b) of this section to be prepared, provided, and currently maintained by them, together with such other pertinent information as the committee may require, in order that the committee shall have, at all times, current information with respect to such position descriptions, the positions to which such descriptions apply, and related personnel matters within the purview of this chapter. Such information so transmitted shall be kept on file in the committee.
(d) Notwithstanding any other provision of this chapter, the committee shall have authority, which may be exercised at any time in its discretion, to—
(1) conduct surveys and studies of all organization units, and the positions therein, to which this chapter applies;
(2) ascertain on a current basis the facts with respect to the duties, responsibilities, and qualification requirements of any position to which this chapter applies;
(3) prepare and revise the position description of any such position;
(4) place any such position in its appropriate class and compensation level;
(5) decide whether any such position is in its appropriate class and compensation level;
(6) change any such position from one class or compensation level to any other class or compensation level whenever the facts warrant; and
(7) prescribe such organization and position titles as may be appropriate to carry out the purposes of this chapter.
All such actions of the committee shall be binding on the House officer and organization unit concerned and shall be the basis for payment of compensation and for other personnel benefits and transactions until otherwise changed by the committee.
(Pub. L. 88–652, § 5, Oct. 13, 1964, 78 Stat. 1080; Pub. L. 104–53, title I, § 108(3), (4), Nov. 19, 1995, 109 Stat. 522; Pub. L. 104–186, title II, § 209(2), Aug. 20, 1996, 110 Stat. 1743.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Amendments1996—Subsec. (b)(1)(C). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Doorkeeper”. 1995—Subsec. (b)(1). Pub. L. 104–53 substituted “Chief Administrative Officer, and the Inspector General” for “Doorkeeper, and the Postmaster”. Subsec. (c). Pub. L. 104–53 substituted “Chief Administrative Officer, and the Inspector General” for “Doorkeeper, and the Postmaster,”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
Transfer of Functions Certain functions of Recording Studio and Officers of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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# 2 U.S.C. § 295 - Placement of positions in compensation schedules
## Text
The committee shall place each position (in existence on, or established after, January 1, 1965) under the House of Representatives to which this chapter applies in its appropriate class, and in its appropriate compensation level of the appropriate compensation schedule, in accordance with the position standards and position descriptions provided for in section 294 of this title. The committee is authorized, when circumstances so warrant, to change any such position from one class or compensation level to another class or compensation level. All actions of the committee under this section shall be binding on the House officer and organization unit concerned and shall be the basis for payment of compensation and for other personnel benefits and transactions until otherwise changed by the committee.
(Pub. L. 88–652, § 6, Oct. 13, 1964, 78 Stat. 1081.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
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# 2 U.S.C. § 296 - Step increases; waiting periods; service in Armed Forces; automatic advancement
## Text
(a) Each employee in a compensation level of the House Employees Schedule (HS), who has not attained the highest scheduled rate of compensation for the compensation level (HS level) in which his position is placed, shall be advanced successively to the next higher step of such HS level, as follows:
(1) to steps 2, 3, and 4, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of one year of satisfactory service in the next lower step;
(2) to steps 5, 6, and 7, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of two years of satisfactory service in the next lower step;
(3) to steps 8, 9, and 10, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of three years of satisfactory service in the next lower step; and
(4) to steps 11 and 12, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of five years of satisfactory service in the next lower step.
(b) The receipt of an increase in compensation during any of the waiting periods of service specified in subsection (a) of this section shall cause a new full waiting period of service to commence for further step increases under such subsection.
(c) Any increase in compensation granted by law, or granted by reason of an increase made by the committee in the rates of compensation of the House Employees Schedule, to employees within the purview of subsection (a) of this section shall not be held or considered to be an increase in compensation for the purposes of subsection (b) of this section.
(d) The benefit of successive step increases under subsection (a) of this section shall be preserved, under regulations prescribed by the committee, for employees whose continuous service is interrupted by service in the Armed Forces of the United States.
(e) The committee shall establish and maintain, and, from time to time, may revise, a system of automatic advancement, by successive step increases in compensation, on the basis of satisfactory service performed, without break in service of more than thirty months, for employees subject to the House Wage Schedule (HWS). In the operation of such system of step increases the committee may prescribe regulations to the effect that—
(1) the receipt of an increase in compensation during any of the waiting periods of service required for advancement by step increases under such system shall cause a new full waiting period of service to commence for further step increases under such system;
(2) any increase in compensation granted by law, or granted by reason of an increase made by the committee in the rates of compensation of the House Wage Schedule, to employees within the purview of such system of step increases shall not be held or considered to be an increase in compensation for the purposes of subparagraph (1) of this subsection; and
(3) the benefit of successive step increases under such system of step increases shall be preserved, under regulations prescribed by the committee, for employees whose continuous service is interrupted by service in the Armed Forces of the United States.
(Pub. L. 88–652, § 7, Oct. 13, 1964, 78 Stat. 1081.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
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# 2 U.S.C. § 297 - Appointments and reclassifications to higher compensation levels
## Text
(a) Each employee in a compensation level of the House Employees Schedule (HS), who is appointed to a position in a higher compensation level of such schedule, or whose position is placed in a higher compensation level of such schedule pursuant to a reclassification of such position, shall be paid compensation in such higher compensation level, in accordance with the following provisions, whichever is first applicable in the following numerical order of precedence:
(1) at the rate of the lowest step for which the rate of compensation equals the rate of compensation for that step, in the compensation level from which he is appointed, which is two steps above the step in such level which he had attained immediately prior to such appointment;
(2) at the rate of the lowest step for which the rate of compensation exceeds, by not less than two steps of the compensation level from which he is appointed, his rate of compensation immediately prior to such appointment; or
(3) at the rate of the highest step of such higher compensation level, or at his rate of compensation immediately prior to such appointment, whichever rate is the higher.
(b) The committee may provide by regulations for the payment of compensation, at an appropriate compensation step determined in accordance with such regulations, to each employee subject to the House Wage Schedule (HWS) who is appointed to a position in a higher compensation level of such schedule or whose position is placed in a higher compensation level of such schedule pursuant to a reclassification of such position.
(Pub. L. 88–652, § 8, Oct. 13, 1964, 78 Stat. 1082.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
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# 2 U.S.C. § 298 - Reductions in compensation level
## Text
Each employee in a position of a compensation level of the House Employees Schedule (HS) or the House Wage Schedule (HWS), whose employment in such position and level is terminated and who is reemployed, with or without break in service, in a position in a lower compensation level (HS level or HWS level) of such schedule, or whose position is placed in a lower compensation level of such schedule pursuant to a reclassification of such position, shall be placed by the committee in such step of such lower compensation level as the committee deems appropriate.
(Pub. L. 88–652, § 9, Oct. 13, 1964, 78 Stat. 1083.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
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---
# 2 U.S.C. § 299 - Repealed. Pub. L. 106–554, § 1(a)(2) [title I, § 102(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–100
## Notes
Section, Pub. L. 88–652, § 10, Oct. 13, 1964, 78 Stat. 1083, related to compensation level of individual appointed to position subject to House Employees Schedule or House Wage Schedule.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 106–554, § 1(a)(2) [title I, § 102(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–100, provided that: “The amendment made by subsection (a) [repealing this section] shall apply with respect to employees appointed on or after October 1, 2000.”
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---
type: "LegalText"
title: "2 U.S.C. § 300"
description: "Establishment of positions; payment from applicable accounts"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 2
title_name: "THE CONGRESS"
chapter_number: "10"
chapter_name: "CLASSIFICATION OF EMPLOYEES OF HOUSE OF REPRESENTATIVES"
section: "300"
citation: "2 U.S.C. § 300"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 2 U.S.C. § 300 - Establishment of positions; payment from applicable accounts
## Text
The committee may authorize the establishment of additional positions of the kind to which this chapter applies, on a permanent basis or on a temporary basis of not to exceed six months’ duration, whenever, in the judgment of the committee, such action is warranted in the interests of the orderly and efficient operation of the House of Representatives. The compensation of each such position may be paid out of the applicable accounts of the House of Representatives until otherwise provided by law. An additional position of the kind to which this chapter applies shall not be established without authorization of the committee.
(Pub. L. 88–652, § 11, Oct. 13, 1964, 78 Stat. 1083; Pub. L. 104–186, title II, § 209(3), Aug. 20, 1996, 110 Stat. 1743.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Amendments1996—Pub. L. 104–186 substituted “applicable accounts” for “contingent fund”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
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---
type: "LegalText"
title: "2 U.S.C. § 301"
description: "Preservation of existing appointing authorities"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 2
title_name: "THE CONGRESS"
chapter_number: "10"
chapter_name: "CLASSIFICATION OF EMPLOYEES OF HOUSE OF REPRESENTATIVES"
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citation: "2 U.S.C. § 301"
status: "current"
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tags: ["legal", "us-code"]
---
# 2 U.S.C. § 301 - Preservation of existing appointing authorities
## Text
This chapter shall not be held or considered to change or otherwise affect—
(1) any authority to establish positions under the House of Representatives which are not within the purview of this chapter, or
(2) any authority to make appointments to positions under the House of Representatives, irrespective of whether such positions are within the purview of this chapter.
(Pub. L. 88–652, § 12, Oct. 13, 1964, 78 Stat. 1083.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
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---
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---
# 2 U.S.C. § 302 - Regulations
## Text
The committee is authorized to prescribe such regulations as may be necessary to carry out the purposes of this chapter.
(Pub. L. 88–652, § 13, Oct. 13, 1964, 78 Stat. 1084.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
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---
type: "LegalText"
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description: "Dual compensation"
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citation: "2 U.S.C. § 303"
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tags: ["legal", "us-code"]
---
# 2 U.S.C. § 303 - Dual compensation
## Text
For the purposes of applicable law relating to the payment to any employee subject to the House Employees Schedule or the House Wage Schedule of compensation from more than one civilian office or position, the rate of basic compensation of each employee subject to any such schedule shall be held and considered to be that rate which, when increased by additional compensation then currently authorized by law for House employees generally, equals or most nearly equals the per annum rate of compensation of such employee under such schedule.
(Pub. L. 88–652, § 14, Oct. 13, 1964, 78 Stat. 1084.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
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citation: "2 U.S.C. § 331"
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tags: ["legal", "us-code"]
---
# 2 U.S.C. § 331 - Transferred
## Notes
Editorial Notes
Codification Section 331 was editorially reclassified as section 4533 of this title.
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---
type: "LegalText"
title: "2 U.S.C. § 332"
description: "Repealed. Pub. L. 104–186, title II, § 210(2)(A), Aug. 20, 1996, 110 Stat. 1743"
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citation: "2 U.S.C. § 332"
status: "current"
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release_date: "2026-06-26"
source: "official"
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source_identifier: "/us/usc/t2/s332"
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---
# 2 U.S.C. § 332 - Repealed. Pub. L. 104–186, title II, § 210(2)(A), Aug. 20, 1996, 110 Stat. 1743
## Notes
Section, Pub. L. 91–510, title IV, § 472, Oct. 26, 1970, 84 Stat. 1194, directed single per annum gross rates of clerk hire allowances of Members determined on basis of population.
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---
type: "LegalText"
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citation: "2 U.S.C. § 333"
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tags: ["legal", "us-code"]
---
# 2 U.S.C. § 333 - Transferred
## Notes
Editorial Notes
Codification Section 333 was editorially reclassified as section 5103 of this title.
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---
type: "LegalText"
title: "2 U.S.C. § 333a"
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citation: "2 U.S.C. § 333a"
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retrieved_at: "2026-07-04"
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tags: ["legal", "us-code"]
---
# 2 U.S.C. § 333a - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 98–51, title I, § 112, July 14, 1983, 97 Stat. 270; Pub. L. 104–186, title II, § 204(16), Aug. 20, 1996, 110 Stat. 1732, regarding limits on uses of funds provided under former section 333, was omitted from the Code as duplicative. See Limits on Uses of Funds note under section 5103 of this title.
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---
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---
# 2 U.S.C. § 334 - Repealed. Pub. L. 104–186, title II, § 210(3)(A), Aug. 20, 1996, 110 Stat. 1743
## Notes
Section, Pub. L. 91–510, title IV, § 474, Oct. 26, 1970, 84 Stat. 1194, directed Clerk of House to convert existing basic pay rates to per annum gross pay rates.
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---
# 2 U.S.C. § 335 - Transferred
## Notes
Editorial Notes
Codification Section 335 was editorially reclassified as section 4534 of this title.
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---
# 2 U.S.C. § 336 - Transferred
## Notes
Editorial Notes
Codification Section 336 was editorially reclassified as section 4535 of this title.
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---
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---
# 2 U.S.C. § 351 - Establishment
## Text
There is hereby established a commission to be known as the Citizens’ Commission on Public Service and Compensation (hereinafter referred to as the “Commission”).
(Pub. L. 90–206, title II, § 225(a), Dec. 16, 1967, 81 Stat. 642; Pub. L. 101–194, title VII, § 701(a), Nov. 30, 1989, 103 Stat. 1763.)
## Notes
Editorial Notes
Amendments1989—Pub. L. 101–194 substituted “Citizens’ Commission on Public Service and Compensation” for “Commission on Executive, Legislative, and Judicial Salaries”.
Statutory Notes and Related Subsidiaries
Effective DateSection 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.
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# 2 U.S.C. § 352 - Membership
## Text
(1) The Commission shall be composed of 11 members, who shall be appointed from private life as follows:
(A) 2 appointed by the President of the United States;
(B) 1 appointed by the President pro tempore of the Senate, upon the recommendation of the majority and minority leaders of the Senate;
(C) 1 appointed by the Speaker of the House of Representatives;
(D) 2 appointed by the Chief Justice of the United States; and
(E) 5 appointed by the Administrator of General Services in accordance with paragraph (4).
(2) No person shall serve as a member of the Commission who is—
(A) an officer or employee of the Federal Government;
(B) registered (or required to register) under the Federal Regulation of Lobbying Act; 11 See References in Text note below. or
(C) a parent, sibling, spouse, child, or dependent relative, of anyone under subparagraph (A) or (B).
(3) The persons appointed under subparagraphs (A) through (D) of paragraph (1) shall be selected without regard to political affiliation, and should be selected from among persons who have experience or expertise in such areas as government, personnel management, or public administration.
(4) The Administrator of General Services shall by regulation establish procedures under which persons shall be selected for appointment under paragraph (1)(E). Such procedures—
(A) shall be designed in such a way so as to provide for the maximum degree of geographic diversity practicable among members under paragraph (1)(E);
(B) shall include provisions under which those members shall be chosen by lot from among names randomly selected from voter registration lists; and
(C) shall otherwise comply with applicable provisions of this section.
(5) The chairperson shall be designated by the President.
(6) A vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made.
(7) Each member of the Commission shall be paid at the rate of $100 for each day such member is engaged upon the work of the Commission and shall be allowed travel expenses, including a per diem allowance, in accordance with section 5703 of title 5, when engaged in the performance of services for the Commission.
(8) (A) The terms of office of persons first appointed as members of the Commission shall be for the period of the 1993 fiscal year of the Federal Government, and shall begin not later than February 14, 1993.
(B) After the close of the 1993 fiscal year of the Federal Government, persons shall be appointed as members of the Commission with respect to every fourth fiscal year following the 1993 fiscal year. The terms of office of persons so appointed shall be for the period of the fiscal year with respect to which the appointment is made, except that, if any appointment is made after the beginning and before the close of any such fiscal year, the term of office based on such appointment shall be for the remainder of such fiscal year.
(C) (i) Notwithstanding any provision of subparagraph (A) or (B), members of the Commission may continue to serve after the close of a fiscal year, if the date designated by the President under section 357 of this title (relating to the date by which the Commission is to submit its report to the President) is subsequent to the close of such fiscal year, and only if or to the extent necessary to allow the Commission to submit such report.
(ii) Notwithstanding any provision of section 353 of this title, authority under such section shall remain available, after the close of a fiscal year, so long as members of the Commission continue to serve.
(Pub. L. 90–206, title II, § 225(b), Dec. 16, 1967, 81 Stat. 642; Pub. L. 99–190, § 135(a), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title VII, § 701(b), Nov. 30, 1989, 103 Stat. 1763.)
## Notes
Editorial Notes
References in TextThe Federal Regulation of Lobbying Act, referred to in par. (2)(B), is title III of act Aug. 2, 1946, ch. 753, 60 Stat. 839, which was classified generally to chapter 8A (§ 261 et seq.) of this title, prior to repeal by Pub. L. 104–65, § 11(a), Dec. 19, 1995, 109 Stat. 701. For complete classification of this Act to the Code, see Tables.
Amendments1989—Pub. L. 101–194 amended section generally, substituting pars. (1) to (8) for former pars. (1) to (5). 1985—Par. (3). Pub. L. 99–190 inserted “and with respect to fiscal year 1987” at end of first sentence.
Statutory Notes and Related Subsidiaries
Effective DateSection 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.
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# 2 U.S.C. § 353 - Executive Director; additional personnel; detail of personnel of other agencies
## Text
(1) Without regard to the provisions of title 5 governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, and on a temporary basis for periods covering all or part of any fiscal year referred to in subparagraphs (A) and (B) of section 352(8) of this title—
(A) the Commission is authorized to appoint an Executive Director and fix his basic pay at the rate provided for level V of the Executive Schedule by section 5316 of title 5; and
(B) with the approval of the Commission, the Executive Director is authorized to appoint and fix the basic pay (at respective rates not in excess of the maximum rate of the General Schedule in section 5332 of title 5) of such additional personnel as may be necessary to carry out the function of the Commission.
(2) Upon the request of the Commission, the head of any department, agency, or establishment of any branch of the Federal Government is authorized to detail, on a reimbursable basis, for periods covering all or part of any fiscal year referred to in subparagraphs (A) and (B) of section 352(8) of this title, any of the personnel of such department, agency, or establishment to assist the Commission in carrying out its function.
(Pub. L. 90–206, title II, § 225(c), Dec. 16, 1967, 81 Stat. 643; Pub. L. 101–194, title VII, § 701(c), Nov. 30, 1989, 103 Stat. 1764.)
## Notes
Editorial Notes
Amendments1989—Pub. L. 101–194 substituted “subparagraphs (A) and (B) of section 352(8) of this title” for “section 352(2) and (3) of this title” in pars. (1) and (2).
Statutory Notes and Related Subsidiaries
Effective DateSection 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.
References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
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# 2 U.S.C. § 354 - Use of United States mails
## Text
The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States.
(Pub. L. 90–206, title II, § 225(d), Dec. 16, 1967, 81 Stat. 643.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection 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.
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# 2 U.S.C. § 355 - Administrative support services
## Text
The Administrator of General Services shall provide administrative support services for the Commission on a reimbursable basis.
(Pub. L. 90–206, title II, § 225(e), Dec. 16, 1967, 81 Stat. 643.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection 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.
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# 2 U.S.C. § 356 - Functions
## Text
The Commission shall conduct, in each of the respective fiscal years referred to in subparagraphs (A) and (B) of section 352(8) of this title, a review of the rates of pay of—
(A) the Vice President of the United States, Senators, Members of the House of Representatives, the Resident Commissioner from Puerto Rico, the Speaker of the House of Representatives, the President pro tempore of the Senate, and the majority and minority leaders of the Senate and the House of Representatives;
(B) offices and positions in the legislative branch referred to in subsections (a), (b), (c), and (d) of section 203 of the Federal Legislative Salary Act of 1964 (78 Stat. 415; Public Law 88–426);
(C) justices, judges, and other personnel in the judicial branch referred to in section 403 of the Federal Judicial Salary Act of 1964 (78 Stat. 434; Public Law 88–426) except bankruptcy judges, but including the judges of the United States Court of Federal Claims;
(D) offices and positions under the Executive Schedule in subchapter II of chapter 53 of title 5; and
(E) the Governors of the Board of Governors of the United States Postal Service appointed under section 202 of title 39.
Such review by the Commission shall be made for the purpose of determining and providing—
(i) the appropriate pay levels and relationships between and among the respective offices and positions covered by such review, and
(ii) the appropriate pay relationships between such offices and positions and the offices and positions subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and General Schedule pay rates.
In reviewing the rates of pay of the offices or positions referred to in subparagraph (D) of this section, the Commission shall determine and consider the appropriateness of the executive levels of such offices and positions.
(Pub. L. 90–206, title II, § 225(f), Dec. 16, 1967, 81 Stat. 643; Pub. L. 91–375, § 6(a), Aug. 12, 1970, 84 Stat. 775; Pub. L. 94–82, title II, § 206(a), Aug. 9, 1975, 89 Stat. 423; Pub. L. 95–598, title III, § 301, Nov. 6, 1978, 92 Stat. 2673; Pub. L. 97–164, title I, § 143, Apr. 2, 1982, 96 Stat. 45; Pub. L. 99–190, § 135(b), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 100–202, § 101(a) [title IV, § 408(c)], Dec. 22, 1987, 101 Stat. 1329, 1329–27; Pub. L. 101–194, title VII, § 701(d), Nov. 30, 1989, 103 Stat. 1764; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
## Notes
Editorial Notes
References in TextSubsections (a), (b), (c), and (d) of section 203 of the Federal Legislative Salary Act of 1964 (78 Stat. 415; Public Law 88–426), referred to in par. (B), are subsecs. (a) to (d) of section 203 of Pub. L. 88–426, title II, Aug. 14, 1964, 78 Stat. 415. Subsecs. (a) and (b), which originally related to compensation of the Comptroller General and Assistant Comptroller General, respectively, of the United States, were classified to section 42a of former Title 31, Money and Finance. Subsec. (c), which originally related to compensation of the General Counsel of the United States General Accounting Office, the Librarian of Congress, the Public Printer, and the Architect of the Capitol, was classified to sections 136a and 1802 of this title, section 51a of former Title 31, and section 39a of former Title 44, Public Printing and Documents. Subsec. (d), which originally related to compensation of the Deputy Librarian of Congress, the Deputy Public Printer, and the Assistant Architect of the Capitol, was classified to section 136a–1 of this title, section 166b of former Title 40, Public Buildings, Property, and Works, and section 39a of former Title 44. Sections 136a (Librarian of Congress) and 136a–1 (Deputy Librarian of Congress) of this title were omitted from the Code as superseded by section 136a–2 of this title. Sections 42a (Comptroller General and Deputy Comptroller General) and 51a (General Counsel of General Accounting Office) of former Title 31 were repealed, and restated in sections 703(f) and 731(c) of Title 31, Money and Finance, by Pub. L. 97–258, §§ 1, 5(b), Sept. 13, 1982, 96 Stat. 889, 897, 1068. Section 166b (Assistant Architect of the Capitol) of former Title 40 was omitted from the Code as superseded by section 166b–3a of former Title 40 (now section 1848 of this title) and was repealed by Pub. L. 107–217, § 6(b), Aug. 21, 2002, 116 Stat. 1304. Section 39a (Public Printer and Deputy Public Printer) of former Title 44 was repealed, and restated in section 303 of Title 44, Public Printing and Documents, by Pub. L. 90–620, §§ 1, 3, Oct. 22, 1968, 82 Stat. 1239, 1306. The rates of pay of justices, judges, and other personnel in the judicial branch, referred to in par. (C), are set out in section 867 of Title 10, Armed Forces; section 7443 of Title 26, Internal Revenue Code; and sections 5, 44, 135, 173, 213, 252, 603, and 792 of Title 28, Judiciary and Judicial Procedure.
Amendments1992—Par. (C). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1989—Pub. L. 101–194 substituted “subparagraphs (A) and (B) of section 352(8) of this title” for “section 352(2) and (3) of this title”. 1987—Par. (C). Pub. L. 100–202 substituted “except bankruptcy judges, but including” for “and magistrates and”. 1985—Pub. L. 99–190 inserted last sentence relating to review of rates of pay of offices or positions. 1982—Par. (C). Pub. L. 97–164 inserted reference to judges of the United States Claims Court. 1978—Par. (C). Pub. L. 95–598 struck out reference to section 402(d) and inserted reference to magistrates. 1975—Par. (A). Pub. L. 94–82 inserted “the Vice President of the United States” before “Senators”, and “the Speaker of the House of Representatives, the President pro tempore of the Senate, and the majority and minority leaders of the Senate and the House of Representatives” after “Puerto Rico”. 1970—Par. (E). Pub. L. 91–375 added par. (E).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1987 AmendmentAmendment by Pub. L. 100–202 effective Oct. 1, 1988, and any salary affected by the amendment to be adjusted at beginning of first applicable pay period commencing on or after such date, see section 101(a) [title IV, § 408(d)] of Pub. L. 100–202, set out as a note under section 153 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
Effective DateSection 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.
Effective Rates of Pay Pending Changes in Rates Pursuant to Federal Salary Act of 1967Pub. L. 94–82, title II, § 206(b), Aug. 9, 1975, 89 Stat. 423, provided that: “Until such time as a change in the rate of pay of the offices referred to in the amendment made by subsection (a) of this section [amending par. (A) of this section] occurs under the provisions of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as amended by subsection (a) of this section, such rates of pay shall be the rates of pay in effect immediately prior to the date of enactment of this Act [Aug. 9, 1975], as adjusted under sections 203 and 204 of this title [amending sections 60a note, 136a, 136a–1, and 4501 of this title, section 104 of Title 3, The President, sections 42a and 51a of former Title 31, Money and Finance, sections 162a and 166b of former Title 40, Public Buildings, Property, and Works, and section 303 of Title 44, Public Printing and Documents].”
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# 2 U.S.C. § 356a - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 94–440, title II, [§ 100,] Oct. 1, 1976, 90 Stat. 1446, the Legislative Branch Appropriation Act, 1977, which provided salary rate limitations for positions or offices referred to in section 356 of this title, applied to fiscal year 1977 and was not repeated in subsequent appropriation acts. See decision B–145492 of the Comptroller General of the United States, dated Sept. 21, 1976. Pub. L. 94–440, title II, [§ 100,] was formerly set out as a note under section 5318 of Title 5, Government Organization and Employees.
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# 2 U.S.C. § 357 - Report by Commission to President with respect to pay
## Text
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.)
## Notes
Editorial Notes
Amendments1989—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”.
Statutory Notes and Related Subsidiaries
Effective DateSection 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.
1985 Fiscal Year Recommendations on Pay Rates of Offices and PositionsPub. L. 99–190, § 135(g), Dec. 19, 1985, 99 Stat. 1323, provided that notwithstanding section 357 of this title, the Commission on Executive, Legislative, and Judicial Salaries should not make recommendations on the pay rates of certain offices and positions under section 356 of this title in connection with rate reviews in fiscal year 1985.
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section: "359"
citation: "2 U.S.C. § 359"
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---
# 2 U.S.C. § 359 - Effective date of recommendations of President
## Text
(1) None of the President’s recommendations under section 358 of this title shall take effect unless approved under paragraph (2).
(2) (A) The recommendations of the President under section 358 of this title shall be considered approved under this paragraph if there is enacted into law a bill or joint resolution approving such recommendations in their entirety. This bill or joint resolution shall be passed by recorded vote to reflect the vote of each Member of Congress thereon.
(B) (i) The provisions of this subparagraph are enacted by the Congress—
(I) as an exercise of the rulemaking power of the Senate and the House of Representatives and as such shall be considered as part of the rules of each House, and shall supersede other rules only to the extent that they are inconsistent therewith; and
(II) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
(ii) During the 60-calendar-day period beginning on the date that the President transmits his recommendations to the Congress under section 358 of this title, it shall be in order as a matter of highest privilege in each House of Congress to consider a bill or joint resolution, if offered by the majority leader of such House (or a designee), approving such recommendations in their entirety.
(3) Except as provided in paragraph (4), any recommended pay adjustment approved under paragraph (2) shall take effect as of the date proposed by the President under section 358 of this title with respect to such adjustment.
(4) (A) Notwithstanding the approval of the President’s pay recommendations in accordance with paragraph (2), none of those recommendations shall take effect unless, between the date on which the bill or resolution approving those recommendations is signed by the President (or otherwise becomes law) and the earliest date as of which the President proposes (under section 358 of this title) that any of those recommendations take effect, an election of Representatives shall have intervened.
(B) For purposes of this paragraph, the term “election of Representatives” means an election held on the Tuesday following the first Monday of November in any even-numbered calendar year.
(Pub. L. 90–206, title II, § 225(i), Dec. 16, 1967, 81 Stat. 644; Pub. L. 95–19, title IV, § 401(a), Apr. 12, 1977, 91 Stat. 45; Pub. L. 99–190, § 135(e), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101–194, title VII, § 701(g), Nov. 30, 1989, 103 Stat. 1765.)
## Notes
Editorial Notes
Amendments1989—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 disapproved by a joint resolution agreed to by the Congress not later than the last day of the 30-day period which begins on the date of which such recommendations 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 paragraph (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) generally, substituting provisions relating to the effective date of Presidential recommendations transmitted to Congress pursuant to section 358 of this title, for provisions 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 Presidential recommendations. 1977—Par. (1). Pub. L. 95–19 substituted provisions directing each house of the Congress to conduct a separate vote within sixty days on each Presidential recommendation 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 recommendation, if approved, to become effective for the offices and positions covered at the beginning of the first pay period which begins after the thirtieth day following the approval of the recommendation by the second house of the Congress to approve the recommendation, for provisions 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 recommendations to the budget, but only to the extent that, between the date of transmittal of the recommendations in the budget and the beginning of the pay period, there has not been enacted into law a statute establishing rates of pay other than the rates set in the recommendation, neither house of the Congress specifically disapproves all or part of the recommendations, or both. Par. (2). Pub. L. 95–19 reenacted par. (2) without change.
Statutory Notes and Related Subsidiaries
Effective DateSection 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.
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# 2 U.S.C. § 360 - Effect of recommendations on existing law and prior recommendations
## Text
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.)
## Notes
Editorial Notes
Amendments1989—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 Subsidiaries
Effective DateSection 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.
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# 2 U.S.C. § 361 - Publication of recommendations
## Text
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.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection 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.
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# 2 U.S.C. § 362 - Requirements applicable to recommendations
## Text
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.)
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# 2 U.S.C. § 363 - Additional function
## Text
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.)
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# 2 U.S.C. § 364 - Provision relating to certain other pay adjustments
## Text
(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.)
## Notes
Editorial Notes
References in TextSections 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.
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# 2 U.S.C. § 381 - Definitions
## Text
For purposes of this chapter:
(1) The term “election” means an official general or special election to choose a Representative in, or Delegate or Resident Commissioner 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 individual (A) whose name is printed on the official ballot for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress, or (B) notwithstanding his name is not printed on such ballot, who seeks election to the office of Representative in, or Delegate or Resident Commissioner 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 eligible to receive write-in votes in such election.
(3) The term “contestant” means an individual who contests the election of a Member of the House of Representatives under this chapter.
(4) The term “contestee” means a Member of the House of Representatives whose election is contested under this chapter.
(5) The term “Member of the House of Representatives” means an incumbent Representative in, or Delegate or Resident Commissioner to, the Congress, or an individual who has been elected to such office but has not taken the oath of office.
(6) The term “Clerk” means the Clerk of the House of Representatives.
(7) The term “committee” means the Committee on House Oversight of the House of Representatives.
(8) The term “State” means a State of the United States and any territory or possession of the United States.
(9) The term “write-in vote” means a vote cast for a person whose name does not appear on the official ballot by writing in the name of such person on such ballot or by any other method prescribed by the law of the State in which the election is held.
(Pub. L. 91–138, § 2, Dec. 5, 1969, 83 Stat. 284; Pub. L. 104–186, title II, § 211(1), (2), Aug. 20, 1996, 110 Stat. 1743, 1744.)
## Notes
Editorial Notes
Amendments1996—Pub. L. 104–186, § 211(1)(A)–(C), substituted “chapter:” for “chapter—” in introductory provisions, redesignated subdivs. (a) to (i) as pars. (1) to (9), respectively, and realigned margins of pars. (1) to (9). Par. (1). Pub. L. 104–186, § 211(2)(A), substituted “, or Delegate or Resident Commissioner to, the Congress, but that term” for “or Resident Commissioner to the Congress of the United States, but”. Par. (2). Pub. L. 104–186, § 211(2)(B), substituted “office of Representative in, or Delegate or Resident Commissioner to, the Congress” for “House of Representatives of the United States” in subpar. (A) and “House of Representatives” in subpar. (B). Pub. L. 104–186, § 211(1)(D), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively. Pars. (3), (4). Pub. L. 104–186, § 211(2)(C), (D), struck out “of the United States” after “House of Representatives”. Par. (5). Pub. L. 104–186, § 211(2)(E), substituted “term ‘Member of the House of Representatives’ means an incumbent Representative in, or Delegate or Resident Commissioner to, the Congress, or an individual who has been elected to such office” for “term ‘Member’ means an incumbent Representative in or Resident Commissioner to the Congress of the United States, or an individual who has been elected to either of such offices”. Par. (6). Pub. L. 104–186, § 211(2)(F), struck out “of the United States” after “House of Representatives”. Par. (7). Pub. L. 104–186, § 211(2)(G), substituted “House Oversight of the House of Representatives” for “House Administration of the House of Representatives of the United States”. Par. (8). Pub. L. 104–186, § 211(2)(H), substituted “means a State of the United States and any territory or” for “includes territory and”. Par. (9). Pub. L. 104–186, § 211(1)(A), (C), redesignated former subsec. (i) as par. (9).
Statutory Notes and Related Subsidiaries
Change of Name Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective DatePub. L. 91–138, § 19, Dec. 5, 1969, 83 Stat. 291, provided that: “The provisions of, and the repeals made by, this Act [enacting this chapter and repealing sections 201 to 226 of this title] shall apply with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after the date of enactment of this Act [Dec. 5, 1969].”
Short TitlePub. L. 91–138, § 1, Dec. 5, 1969, 83 Stat. 284, provided that: “This Act [enacting this chapter and repealing sections 201 to 226 of this title] may be cited as the ‘Federal Contested Election Act’.”
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# 2 U.S.C. § 382 - Notice of contest
## Text
(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.)
## Notes
Editorial Notes
Amendments1996—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).
Statutory Notes and Related Subsidiaries
Effective DateSection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
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---
# 2 U.S.C. § 383 - Response of contestee
## Text
(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.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
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# 2 U.S.C. § 384 - Service and filing of papers other than notice of contest
## Text
(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.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
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# 2 U.S.C. § 385 - Default of contestee
## Text
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.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
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# 2 U.S.C. § 386 - Deposition
## Text
(a) Oral examination Either party may take the testimony of any person, including the opposing party, by deposition upon oral examination for the purpose of discovery or for use as evidence in the contested election case, or for both purposes. Depositions shall be taken only within the time for the taking of testimony prescribed in this section.
(b) Scope of examination Witnesses may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending contested election case, whether it relates to the claim or defense of the examining party or the claim or defense of the opposing party, including the existence, description, nature, custody, condition and location of any books, papers, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. After the examining party has examined the witness the opposing party may cross examine.
(c) Order and time of taking testimony The order in which the parties may take testimony shall be as follows:
(1) Contestant may take testimony within thirty days after service of the answer, or, if no answer is served within the time provided in section 383 of this title, within thirty days after the time for answer has expired.
(2) Contestee may take testimony within thirty days after contestant’s time for taking testimony has expired.
(3) If contestee has taken any testimony or has filed testimonial affidavits or stipulations under section 387(c) of this title, contestant may take rebuttal testimony within ten days after contestee’s time for taking testimony has expired.
(d) Officer before whom testimony may be taken Testimony shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held.
(e) Subpena Attendance of witnesses may be compelled by subpena as provided in section 388 of this title.
(f) Taking of testimony by party or his agent At the taking of testimony, a party may appear and act in person, or by his agent or attorney.
(g) Conduct of examination; recordation of testimony; notation of objections; interrogatories The officer before whom testimony is to be taken shall put the witness under oath and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed. All objections made at the time of examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, a party served with a notice of deposition may transmit written interrogatories to the officer, who shall propound them to the witness and record the answers verbatim.
(h) Examination of deposition by witness; signature of witness or officer; use of deposition When the testimony is fully transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and the parties. Any changes in the form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and note on the deposition the fact of the waiver or of the illness or the absence of the witness or the fact of refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress, the committee rules that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.
(Pub. L. 91–138, § 7, Dec. 5, 1969, 83 Stat. 286.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
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# 2 U.S.C. § 387 - Notice of depositions
## Text
(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.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
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# 2 U.S.C. § 388 - Subpena for attendance at deposition
## Text
(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.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
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# 2 U.S.C. § 389 - Officer and witness fees
## Text
(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.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
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# 2 U.S.C. § 390 - Penalty for failure to appear, testify, or produce documents
## Text
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.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
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title_number: 2
title_name: "THE CONGRESS"
chapter_number: "12"
chapter_name: "CONTESTED ELECTIONS"
section: "391"
citation: "2 U.S.C. § 391"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc02@119-100.zip"
source_identifier: "/us/usc/t2/s391"
source_file: "data/legal/raw/us/code/title-02/usc02.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 2 U.S.C. § 391 - Certification and filing of depositions
## Text
(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.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
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---
type: "LegalText"
title: "2 U.S.C. § 392"
description: "Record"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 2
title_name: "THE CONGRESS"
chapter_number: "12"
chapter_name: "CONTESTED ELECTIONS"
section: "392"
citation: "2 U.S.C. § 392"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc02@119-100.zip"
source_identifier: "/us/usc/t2/s392"
source_file: "data/legal/raw/us/code/title-02/usc02.xml"
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tags: ["legal", "us-code"]
---
# 2 U.S.C. § 392 - Record
## Text
(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.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
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---
type: "LegalText"
title: "2 U.S.C. § 393"
description: "Filing of pleadings, motions, depositions, appendixes, briefs, and other papers"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 2
title_name: "THE CONGRESS"
chapter_number: "12"
chapter_name: "CONTESTED ELECTIONS"
section: "393"
citation: "2 U.S.C. § 393"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc02@119-100.zip"
source_identifier: "/us/usc/t2/s393"
source_file: "data/legal/raw/us/code/title-02/usc02.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 2 U.S.C. § 393 - Filing of pleadings, motions, depositions, appendixes, briefs, and other papers
## Text
(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.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.

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