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2 U.S.C. § 199Member of commission, board, etc., appointed by President pro tempore of Senate; recommendation process; applicability

submitted 46 years ago by Pub. L. 96-576 to r/title-2-THE-CONGRESS · 192 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law controls how the Senate's President pro tempore appoints people to boards or commissions. If the seat must go to the majority party, the Majority Leader recommends who fills it. The same rule applies to the Minority Leader and minority-party seats, or jointly when no party is specified.

(a) This subsection applies whenever a law says a member of a commission, board, committee, advisory group, or similar body must be appointed by the President pro tempore of the Senate. In that situation, the appointment must be made in one of three ways: (1) If the law says the appointment must go to someone from the majority political party, the President pro tempore must appoint on the recommendation of the Senate Majority Leader. (2) If the law says the appointment must go to someone from the minority political party, the President pro tempore must appoint on the recommendation of the Senate Minority Leader. (3) If the law does not say the appointment depends on majority or minority party membership at all, the President pro tempore must appoint on the joint recommendation of both the Majority Leader and the Minority Leader together. (b) This rule applies to appointments made after December 22, 1980. It applies no matter whether the underlying law that created the appointment was passed before, on, or after that date.
the actual law source: uscode.house.gov ↗public domain
(a)

Any provision of law which provides that any member of a commission, board, committee, advisory group, or similar body is to be appointed by the President pro tempore of the Senate shall be construed to require that the appointment be made—

(1)

upon recommendation of the Majority Leader of the Senate, if such provision of law specifies that the appointment is to be made on the basis of the appointee’s affiliation with the majority political party,

(2)

upon the recommendation of the Minority Leader of the Senate, if such provision of law specifies that the appointment is to be made on the basis of the appointee’s affiliation with the minority party, and

(3)

upon the joint recommendation of the Majority Leader of the Senate and the Minority Leader of the Senate, if such provision of law does not specify that the appointment is to be made on the appointee’s affiliation with the majority or minority political party.

(b)

The provisions of subsection (a) shall be applicable in the case of appointments made after December 22, 1980, pursuant to provisions of law enacted on, before, and after, December 22, 1980.

Source credit: (Pub. L. 96–576, § 3, Dec. 22, 1980, 94 Stat. 3355.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-576 · 94 Stat. 3355

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-576 on 1980-12-22.

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