28-U.S.C.-992
§992 – Terms of office; Compensation
Pathway
Title 28 > Part III > Chapter 58 > Section 992
Details
- Reference: Section 992
- Legend: §992 – Terms of office; Compensation
- USCode Year: 2013
Provision Content
(a) The voting members of the United States Sentencing Commission shall be appointed for six-year terms, except that the initial terms of the first members of the Commission shall be staggered so that—
(1) two members, including the Chair, serve terms of six years;
(2) three members serve terms of four years; and
(3) two members serve terms of two years.
(b)(1) Subject to paragraph (2)—
(A) no voting member of the Commission may serve more than two full terms; and
(B) a voting member appointed to fill a vacancy that occurs before the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of such term.
(2) A voting member of the Commission whose term has expired may continue to serve until the earlier of—
(A) the date on which a successor has taken office; or
(B) the date on which the Congress adjourns sine die to end the session of Congress that commences after the date on which the members term expired.
(c) The Chair and Vice Chairs of the Commission shall hold full-time positions and shall be compensated during their terms of office at the annual rate at which judges of the United States courts of appeals are compensated. The voting members of the Commission, other than the Chair and Vice Chairs, shall hold full-time positions until the end of the first six years after the sentencing guidelines go into effect pursuant to section 235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984, and shall be compensated at the annual rate at which judges of the United States courts of appeals are compensated. Thereafter, the voting members of the Commission, other than the Chair and Vice Chairs,, shall hold part-time positions and shall be paid at the daily rate at which judges of the United States courts of appeals are compensated. A Federal judge may serve as a member of the Commission without resigning the judges appointment as a Federal judge.
(d) Sections 44(c) and 134(b) of this title (relating to the residence of judges) do not apply to any judge holding a full-time position on the Commission under subsection (c) of this section.
(Added Pub. L. 98–473, title II, §217(a), Oct. 12, 1984, 98 Stat. 2018; amended Pub. L. 99–646, §§4, 6(a), Nov. 10, 1986, 100 Stat. 3592; Pub. L. 102–349, §1, Aug. 26, 1992, 106 Stat. 933; Pub. L. 103–322, title XXVIII, §280005(b), (c)(1), (3), Sept. 13, 1994, 108 Stat. 2096, 2097.)
References in Text
Section 235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984, referred to in subsec. (c), is section 235(a)(1)(B)(ii) of Pub. L. 98–473, which is set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure.
Amendments
1994—Subsec. (a)(1). Pub. L. 103–322, §280005(c)(1), substituted Chair for Chairman.
Subsec. (c). Pub. L. 103–322, §280005(b), (c)(3), amended first sentence generally, substituting The Chair and Vice Chairs of the Commission shall hold full-time positions and shall be compensated during their terms for The Chairman of the Commission shall hold a full-time position and shall be compensated during the term, in second sentence, substituted Chair and Vice Chairs for Chairman, in third sentence, substituted Chair and Vice Chairs, for Chairman, and in last sentence, substituted the judges appointment for his appointment.
1992—Subsec. (b). Pub. L. 102–349 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: No voting member may serve more than two full terms. A voting member appointed to fill a vacancy that occurs before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term.
1986—Subsec. (c). Pub. L. 99–646, §4, substituted section 235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984 for section 225(a)(1)(B)(ii) of the Sentencing Reform Act of 1983.
Subsec. (d). Pub. L. 99–646, §6(a), added subsec. (d).
Commencement of Terms of First Members of Commission
For provisions directing that, for purposes of subsec. (a) of this section, the terms of the first members of the United States Sentencing Commission shall not begin to run until the sentencing guidelines go into effect pursuant to section 235(a)(1)(B)(ii) of Pub. L. 98–473, see section 235(a)(2) of Pub. L. 98–473, both of which are set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-798 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-798, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-798 in the Legal Encyclopedia: Court Personnel
In this entry about 28-U.S.C.-798, find legal reference material, bibliographies and premiere content related to court personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States court personnel-specific issues, written by authorities in the field.
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