2 U.S.C. § 352 — Membership

Page 136 TITLE 2—THE CONGRESS § 331 1 See References in Text note below. Sec. 333a. Omitted. 334. Repealed. 335, 336. Transferred. § 331. Transferred Editorial Notes CODIFICATION Section 331 was editorially reclassified as section 4533 of this title. § 332. Repealed. Pub. L. 104–186, title II, § 210(2)(A), Aug. 20, 1996, 110 Stat. 1743 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. § 333. Transferred Editorial Notes CODIFICATION Section 333 was editorially reclassified as section 5103 of this title. § 333a. Omitted 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 pro- vided under former section 333, was omitted from the Code as duplicative. See Limits on Uses of Funds note under section 5103 of this title. § 334. Repealed. Pub. L. 104–186, title II, § 210(3)(A), Aug. 20, 1996, 110 Stat. 1743 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. § 335. Transferred Editorial Notes CODIFICATION Section 335 was editorially reclassified as section 4534 of this title. § 336. Transferred Editorial Notes CODIFICATION Section 336 was editorially reclassified as section 4535 of this title. CHAPTER 11—CITIZENS’ COMMISSION ON PUBLIC SERVICE AND COMPENSATION Sec. 351. Establishment. 352. Membership. 353. Executive Director; additional personnel; de- tail of personnel of other agencies. 354. Use of United States mails. 355. Administrative support services. 356. Functions. 356a. Omitted. 357. Report by Commission to President with re- spect to pay. Sec. 358. Recommendations of President with respect to pay. 359. Effective date of recommendations of Presi- dent. 360. Effect of recommendations on existing law and prior recommendations. 361. Publication of recommendations. 362. Requirements applicable to recommenda- tions. 363. Additional function. 364. Provision relating to certain other pay ad- justments. § 351. Establishment 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.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–194 substituted ‘‘Citizens’ Commis- sion on Public Service and Compensation’’ for ‘‘Com- mission on Executive, Legislative, and Judicial Sala- ries’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees. § 352. Membership (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 Sen- ate; (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 Gen- eral 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 de- pendent relative, of anyone under subpara- graph (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 govern- ment, personnel management, or public admin- istration. Page 137 TITLE 2—THE CONGRESS § 353 (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 Com- mission 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 mem- ber 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 ap- pointed as members of the Commission shall be for the period of the 1993 fiscal year of the Fed- eral 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 re- spect to which the appointment is made, except that, if any appointment is made after the be- ginning and before the close of any such fiscal year, the term of office based on such appoint- ment shall be for the remainder of such fiscal year. (C)(i) Notwithstanding any provision of sub- paragraph (A) or (B), members of the Commis- sion may continue to serve after the close of a fiscal year, if the date designated by the Presi- dent 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 ex- tent necessary to allow the Commission to sub- mit 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.) Editorial Notes REFERENCES IN TEXT The 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. AMENDMENTS 1989—Pub. L. 101–194 amended section generally, sub- stituting pars. (1) to (8) for former pars. (1) to (5). 1985—Par. (3). Pub. L. 99–190 inserted ‘‘and with re- spect to fiscal year 1987’’ at end of first sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees. § 353. Executive Director; additional personnel; detail of personnel of other agencies (1) Without regard to the provisions of title 5 governing appointments in the competitive serv- ice, and the provisions of chapter 51 and sub- chapter 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 sub- paragraphs (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 ad- ditional 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 establish- ment 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 sec- tion 352(8) of this title, any of the personnel of such department, agency, or establishment to assist the Commission in carrying out its func- tion. (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.) Editorial Notes AMENDMENTS 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’’ in pars. (1) and (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90–206, set out as a note under section 3110 of Title 5, Government Organization and Employees. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References 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 Organi- zation 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.