§ 913. Decisions without debate on motion to postpone or proceed

(a) Motions to postpone, made with respect to the discharge from committee, or the consideration of a resolution with respect to a reorganization plan, and motions to proceed to the consideration of other business, shall be decided without debate.

(b) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution with respect to a reorganization plan shall be decided without debate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 398.)

15-Political Activity of Certain State and Local Employees. 1501

SEC.

CHAPTER 11-ORGANIZATION

1101. Appointment of Commissioners.

1102. Term of office; filling vacancies; removal.

1103.

Chairman; Vice Chairman; Executive Director. Functions of Chairman. 1105. Boards of examiners.

1104.

§1101. Appointment of Commissioners

The United States Civil Service Commission is composed of three members appointed by the President, by and with the advice and consent of the Senate, not more than two of whom may be adherents of the same political party and none of whom may hold another office or position in the Government of the United States. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 398.)

§ 1102. Term of office; filling vacancies; removal

(a) The term of office of each Civil Service Commissioner is 6 years. The term of one Commissioner ends on March 1 of each oddnumbered year.

(b) A Commissioner appointed to fill a vacancy occurring before the end of the term of office of his predecessor serves for the remainder of that term. The appointment is subject to the requirements of section 1101 of this title.

(c) When the term of office of a Commissioner ends, he may continue to serve until his successor is appointed and has qualified. (d) The President may remove a Commissioner. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 399.)

§ 1103. Chairman; Vice Chairman; Executive Director

(a) The President shall from time to time designate one of the Commissioners as the presiding head of the Civil Service Commission with the title of "Chairman, United States Civil Service Commission." The Chairman is the chief executive and administrative officer of the Commission.

(b) The President shall from time to time designate one of the Commissioners as Vice Chairman of the Commission. During the absence or disability of the Chairman, or when the office is vacant,

the Vice Chairman shall perform the functions vested in the Chairman by section 1104 of this title.

(c) During the absence or disability of both the Chairman and the Vice Chairman, or when both offices are vacant, the remaining Commissioner shall perform the functions vested in the Chairman by section 1104 of this title.

(d) There is under the Chairman an Executive Director, who is appointed in the competitive service by the Chairman. During the absence or disability of all three Commissioners, or when the offices of the three Commissioners are vacant, the Executive Director shall perform the functions vested in the Chairman by section 1104 of this title. However, the Executive Director may not sit as a member or acting member of the Commission. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 399.)

§ 1104. Functions of Chairman

(a) The following functions are vested in the Chairman, United States Civil Service Commission, and shall be performed by him or, subject to his direction and control by such employees under his jurisdiction as he designates—

(1) acting with Civil Service Commission boards of examiners, so far as practicable, to secure accuracy, uniformity, and justice in their proceedings;

(2) appointing individuals employed under the Commission, including an employee to have such functions and duties with respect to retirement, life insurance, and health benefits programs as the Commission may prescribe, except that—

(A) employees who are engaged regularly and full time in assisting the Commission in the performance of functions reserved to it by subsection (b) of this section are appointed by the Commission; and

(B) the regional directors and the heads of the major administrative units reporting directly to the Chairman or Executive Director are appointed by the Chairman only after consultation with the other Commissioners;

(3) directing, and supervising activities of, employees of the Commission, distributing business among employees and organizational units of the Commission, and directing the internal management of the affairs of the Commission, except that the functions named by this paragraph do not include functions with respect to employees whose appointments remain vested in the Commission by paragraph (2)(A) of this subsection;

(4) directing the preparation of requests for appropriations and the use and expenditure of funds;

(5) executing, administering, and enforcing

(A) the civil service rules and regulations of the President and the Commission and the statutes governing the same; and

(B) the other activities of the Commission including retirement and classification activities; and

(6) reviewing the operations under chapter 87 of this title and advising the Commission on matters of policy relating to its activities thereunder.

(b) The functions named by subsection (a) (5) of this section do not include functions of the Commission with respect to

(1) the preparation of rules under section 1301 of this title, and the making of an annual report under section 1308(a)(1) of this title;

(2) the prescription of rules, regulations, or similar policy directives;

(3) the prevention of pernicious political activities, including functions under chapter 15 and section 1302(d) of this title;

(4) the hearing or providing for the hearing of appeals, including appeals with respect to examination ratings, veterans' preference, racial and religious discrimination, disciplinary action, performance ratings, and dismissals, and the taking of final action on those appeals;

(5) the recommendation to the President for transmittal to Congress of such legislative or other measures as will promote an efficient civil service and a systematic application of merit system principles, including measures relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and separation of employees;

(6) the investigation of matters pertaining to the administration of functions of the Commission or Chairman; or

(7) the submission of requests for appropriations to the Bureau of the Budget.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 399, amended Pub. L. 90–83, $1(2), Sept. 11, 1967, 81 Stat. 195.)

§ 1105. Boards of examiners

(a) The Civil Service Commission shall, in the District of Columbia, and in one or more places in each State and territory or possession of the United States where examinations are to be held, designate at least three individuals in the service of the United States, residing in the State or territory or possession, to be members of Civil Service Commission boards of examiners. The Commission shall consult the head of the agency in which the individuals are serving before designating them as members of a board of examiners. The Commission may at any time substitute another individual residing in the State or territory or possession for one serving as a member of a board of examiners. The boards of examiners shall be so located as to make it reasonably convenient and inexpensive for applicants to attend before them.

(b) The proceedings of the boards of examiners are open to the Chairman, United States Civil Service Commission. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 400.)

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