§ 992. — Terms of office; compensation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC992]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 58--UNITED STATES SENTENCING COMMISSION
Sec. 992. Terms of office; compensation
(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
member's 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,,\1\ 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 judge's
appointment as a Federal judge.
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\1\ So in original.
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(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, Sec. 217(a), Oct. 12, 1984, 98 Stat.
2018; amended Pub. L. 99-646, Secs. 4, 6(a), Nov. 10, 1986, 100 Stat.
3592; Pub. L. 102-349, Sec. 1, Aug. 26, 1992, 106 Stat. 933; Pub. L.
103-322, title XXVIII, Sec. 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, Sec. 280005(c)(1),
substituted ``Chair'' for ``Chairman''.
Subsec. (c). Pub. L. 103-322, Sec. 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 judge's 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, Sec. 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, Sec. 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.
