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2 U.S.C. § 352Membership

submitted 59 years ago by Pub. L. 90-206 to r/title-2-THE-CONGRESS · 601 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets the Commission's 11 members and who appoints them. Federal employees, lobbyists, and their close relatives can't serve. Members serve one fiscal year at a time and get $100 a day plus travel costs.

(1) The Commission has 11 members, chosen from private life: (A) 2 picked by the President; (B) 1 picked by the President pro tempore of the Senate, based on a recommendation from the Senate's majority and minority leaders; (C) 1 picked by the Speaker of the House; (D) 2 picked by the Chief Justice of the United States; and (E) 5 picked by the Administrator of General Services, following the process in (4). (2) Nobody can serve on the Commission if they're (A) a federal officer or employee, (B) registered -- or required to register -- as a lobbyist under the Federal Regulation of Lobbying Act, or (C) a parent, sibling, spouse, child, or dependent relative of someone in (A) or (B). (3) People picked under (A) through (D) of (1) must be chosen without regard to political party, from among people experienced in areas like government, personnel management, or public administration. (4) The Administrator of General Services must write regulations for choosing the members under (1)(E). Those rules must (A) aim for the widest practical geographic spread among those members, (B) include picking members by lottery from names drawn from voter registration lists, and (C) otherwise follow this section's other rules. (5) The President picks the chairperson. (6) A vacancy is filled the same way the original seat was filled. (7) Each member gets paid $100 a day for Commission work, plus travel expenses (including a daily allowance) under section 5703 of title 5. (8)(A) The first members' terms cover the government's 1993 fiscal year, starting no later than February 14, 1993. (B) After that, new members are appointed every fourth fiscal year following 1993; their terms cover that fiscal year (or the rest of it, if appointed partway through). (C)(i) Despite (A) and (B), members can keep serving past the end of a fiscal year if the President's deadline (under section 357) for the Commission's report falls after that fiscal year ends -- but only as needed to finish that report. (ii) Likewise, the Commission's authority under section 353 stays available past the fiscal year's end for as long as members keep serving.
the actual law source: uscode.house.gov ↗public domain
(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; 1 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1967Enacted · Pub. L. 90-206 · 81 Stat. 642
  • 1985Amended · Pub. L. 99-190 · 99 Stat. 1322
  • 1989Amended · Pub. L. 101-194 · 103 Stat. 1763

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-206 on 1967-12-16.

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