National Advisory Council on the Public Service Act of 1990
PL 101-363 (H.R.4872), enacted 08/14/1990

104 STAT. 424 
PUBLIC LAW 101-363—AUG. 14, 1990 
Public Law 101-363 
101st Congress 
An Act 
Aug. 14, 1990 
[H.R. 4872] 
National 
Advisory 
Council on the 
Public Service 
Act of 1990. 
5 u s e 3301 note. 
To establish the National Advisory Council on the Public Service. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "National Advisory Council on the 
Public Service Act of 1990". 
5 u s e 3301 note. 
SEC. 2. FINDINGS. 
5 u s e 3301 note. 
5 u s e 3301 note. 
The Congress finds that— 
(1) recognition of the services rendered by Federal employees 
(hereinafter in this Act referred to as "national public service") 
should be accorded a high and continuing place on the national 
agenda; 
(2) the National Commission on the Public Service, through 
its good works, has documented the need for greater advocacy 
on behalf of those performing national public service; 
(3) gdthough public service is an honorable profession, mem-
bers of the public do not always perceive it favorably; 
(4) serious obstacles often hinder the Government's efforts to 
recruit and retain the best and the brightest for national public 
service; 
(5) just as the public has a right to expect Federal employees 
to adhere to the highest standards of excellence and ethicality, 
so Federal employees have a right to expect an atmosphere of 
trust and respect, and a sense of accomplishment from their 
work; and 
(6) an advisory council is needed to provide the President and 
the Congress with bipartisan, objective assessments of, and 
recommendations concerning, the Federal workforce. 
SEC. 3. ESTABLISHMENT. 
There shall be established a council to be known as the National 
Advisory Council on the Public Service (hereinafter in this Act 
referred to as the "Council"). 
SEC. 4. FUNCTIONS. 
The Council shall— 
(1) regularly assess the state of the Federal workforce; 
(2) in conjunction with the President, the Congress, and the 
Judiciary, seek to attract individuals of the highest caliber to 
careers involving national public service, and encourage them 
and others of similar distinction who are already part of the 
Federal workforce to make a continuing commitment to na-
tional public service; 
(3) promote better public understanding of the role of Federal 
employees in implementing Government programs and policies. 
PUBLIC LAW 101-363—AUG. 14, 1990 
104 STAT. 425 
and otherwise seek to improve the public perception of Federal 
employees; 
(4) encourage efforts to build student interest in performing 
national public service (whether those efforts are undertaken at 
the community level, in the classroom, or otherwise); and 
(5) develop methods for improving motivation and excellence 
among Federal employees. 
SEC. 5. MEMBERSHIP. 
5 USC 3301 note. 
(a) NUMBER AND APPOINTMENT.—The Council shall be composed of 
15 members as follows: 
(1) 2 Members of the Senate, 1 of whom shall be appointed by 
the majority leader of the Senate and the other of whom shall 
be appointed by the minority leader of the Senate. 
(2) 2 Members of the House of Representatives, 1 of whom 
shall be appointed by the Speaker of the House of Representa-
tives and the other of whom shall be appointed by the minority 
leader of the House of Representatives. 
(3) The Director of the Administrative Office of the United 
States Courts (or his delegate). 
(4) 10 individuals appointed by the President— 
President of U.S. 
(A) 4 of whom shall be chosen from among officers serv-
ing in the executive branch; 
(B) 1 of whom shall be chosen from among career employ-
ees in the civil service; 
(C) 1 of whom shall be a Federal employee who is a 
member of a labor organization (as defined by section 
7103(aX4) of title 5, United States Code); and 
(D) 4 of whom shall be chosen from among members of 
the public who do not hold any Government office or 
position. 
O
t
)
) CONTINUATION OF MEMBERSHIP.—If any member of the Council 
whose appointment is based on that individual's holding a Govern-
ment office or position leaves such office or position, or if any 
member of the Council under subsection (a)(4)(D) is appointed or 
elected to a Government office or position, that individual may 
continue to serve as such a member for not longer than the 90-day 
period beginning on the date of leaving that office or position, or 
entering into that office or position, as the case may be. 
(c) TERMS.—Members of the Council shall be appointed for the life 
of the Council. 
(d) VACANCIES.—A vacancy in the Council shall be filled in the 
manner in which the original appointment was made. 
(e) COMPENSATION.—(1) Members of the Council shall not be enti-
tled to pay (or, in the case of members holding any Government 
office or position, pay in addition to any to which they are otherwise 
entitled for service in such office or position) by virtue of member-
ship on the Council. 
(2) While serving away from their homes or regular places of 
business in the performance of duties for the Council, members shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
in the same manner as authorized by section 5703 of title 5, United 
States Code, for persons employed intermittently in Government 
service. 
(f) QUORUM.—Eight members of the Council shall constitute a 
quorum. 
104 STAT. 426 
PUBLIC LAW 101-363—AUG. 14, 1990 
President of U.S. 
(g) CHAIRMAN.—The Chairman of the Council shall be designated 
by the President from among the members appointed under subsec-
tion (aX4XD). 
(h) MEETINGS.—The Council shall meet at the call of the Chair-
mem or a majority of its members, and shall meet on at least a 
quarterly basis. 
5 u s e 3301 note. 
SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS. 
(a) DIRECTOR.—With the approval of the Council, the Chairman 
may appoint a Director and fix the pay of such Director at a rate not 
to exceed the rate for level IV of the Executive Schedule. The 
Director shall be a person who, by reason of demonstrated ability in 
the area of management, government, or public administration, is 
especially well qualified to serve. 
(b) STAFF.—With the approval of the Chairman, the Director may 
appoint and fix the pay of such personnel as may be necessary to 
carry out the functions of the Council. The staff of the Council shall 
be appointed subject to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and shall be 
paid in accordance with the provisions of chapter 51 and subchapter 
III of chapter 53 of such title relating to classification and General 
Schedule pay rates. 
(c) EXPERTS AND CONSULTANTS.—The Council may procure tem-
porary or intermittent services under section 3109(b) of title 5, 
United States Code, but at rates for individuals not to exceed the 
daily equivalent of the maximum rate payable under the General 
Schedule. 
(d) STAFF OF FEDERAL AGENCIES.—Upon the request of the Chair-
man, the head of a Federal agency may detail, on a reimbursable or 
nonreimbursable basis, any personnel of such agency to the Council 
to assist the Council in carrying out its functions under this Act. 
5 u s e 3301 note. 
SEC. 7. POWERS. 
(a) MAILS.—The Council may use the United States mails in the 
same manner and under the same conditions as other Federal 
agencies. 
(b) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of 
General Services shall provide to the Council, on a reimbursable 
basis, such administrative support services as the Council may 
request. 
(c) OFFICIAL DATA.—The Council may secure directly from any 
Federal agency information necessary to carry out its functions 
under this Act. Each such agency is authorized and directed to 
furnish, to the extent permitted by law, any information requested 
by the Council. 
(d) GIFTS.—The Council— 
(1) may accept money and other property donated, be-
queathed, or devised to the Council without condition or restric-
tion (other than that it be used to carry out the work of the 
Council); and 
(2) may use, sell, or otherwise dispose of any such property to 
carry out its functions under this Act, except that, upon the 
termination of the Council, any such property shall be disposed 
of in accordance with applicable provisions of law governing the 
disposal of Federal property. 
PUBLIC LAW 101-363-AUG. 14, 1990 
104 STAT. 427 
SEC. 8. REPORTS. 
5 USC 3301 note. 
The Council shall transmit to the President and each House of the 
Congress— 
(1) within 1 and 2 years, respectively, after the date on which 
the Council first meets, reports containing its preliminary find-
ings and recommendations; and 
(2) within 3 years after the date on which the Council first 
meets, a final report containing a detailed statement of the 
findings and conclusions of the Council, together with its rec-
ommendations for such legislation or administrative actions as 
it considers appropriate. 
SEC. 9. COMMENCEMENT; TERMINATION. 
5 USC 3301 note. 
(a) COMMENCEMENT.—Appointments under section 5 shall be 
made, and the Council shall first meet, within 90 days after the date 
of the enactment of this Act. 
(h) TERMINATION.—The Council shall cease to exist upon transmit-
ting its final report under section 8(2). 
SEC. 10. AUTHORIZATION. 
There is authorized to be appropriated such sums £is may be 
necessary to carry out this Act. 
Approved August 14, 1990. 
LEGISLATIVE HISTORY—H.R. 4872: 
HOUSE REPORTS: No. 101-551 (Comm. on Post Office and Civil Service). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
June 25, considered and passed House. 
July 27, considered and passed Senate.