2 U.S.C. § 353 — Executive Director; additional personnel;

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. Page 138 TITLE 2—THE CONGRESS § 354 § 354. Use of United States mails 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.) 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. § 355. Administrative support services 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.) 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. § 356. Functions The Commission shall conduct, in each of the respective fiscal years referred to in subpara- graphs (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 Represent- atives, the Resident Commissioner from Puer- to Rico, the Speaker of the House of Rep- resentatives, the President pro tempore of the Senate, and the majority and minority leaders of the Senate and the House of Representa- tives; (B) offices and positions in the legislative branch referred to in subsections (a), (b), (c), and (d) of section 203 of the Federal Legisla- tive 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 bank- ruptcy 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 relation- ships between and among the respective of- fices and positions covered by such review, and (ii) the appropriate pay relationships be- tween such offices and positions and the of- fices 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 po- sitions 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.) Editorial Notes REFERENCES IN TEXT Subsections (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 origi- nally related to compensation of the Comptroller Gen- eral 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 Of- fice, 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, Prop- erty, and Works, and section 39a of former Title 44. Sec- tions 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 Comp- troller 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 per- sonnel 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. AMENDMENTS 1992—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 mag- istrates and’’.