28 U.S.C. § 992: Terms of office; compensation

Summary

Voting members of the U.S. Sentencing Commission are picked for six-year terms, but the first group is staggered so two (including the Chair) serve six years, three serve four years, and two serve two years. No voting member may serve more than two full terms. If someone fills a vacancy, they only serve the rest of that term. A member whose term has ended may stay in the job until a successor takes office or until Congress adjourns sine die to end the session that begins after the term expired. The Chair and Vice Chairs work full-time and are paid the same annual salary as U.S. court of appeals judges. Other voting members work full-time and get that same annual pay until the end of the first six years after the sentencing guidelines go into effect under section 235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984. After that, those members become part-time and are paid the daily rate for appeals judges. A federal judge may serve on the Commission without giving up the judgeship, and usual judge residence rules do not apply to a judge working full-time on the Commission.

Title 28, §992

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(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,, 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.

(d)section 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.

Notes & Related Subsidiaries

Editorial Notes

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 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, § 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).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 12, 1984, see section 235(a)(1)(B)(i) of Pub. L. 98–473, set out as an

Savings Provision

note under section 3551 of Title 18, Crimes and Criminal Procedure. Commencement of Terms of First Members of CommissionFor 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.

§992 Terms of Office; Compensation

Summary

Title 28, §992

Notes & Related Subsidiaries

Editorial Notes

References in Text

Effective Date

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Savings Provision

Effective Date

Citations & Metadata