§ 1382. — Officers, staff, and other personnel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC1382]
TITLE 2--THE CONGRESS
CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY
SUBCHAPTER III--OFFICE OF COMPLIANCE
Sec. 1382. Officers, staff, and other personnel
(a) Executive Director
(1) Appointment and removal
(A) In general
The Chair, subject to the approval of the Board, shall
appoint and may remove an Executive Director. Selection and
appointment of the Executive Director shall be without regard to
political affiliation and solely on the basis of fitness to
perform the duties of the Office. The first Executive Director
shall be appointed no later than 90 days after the initial
appointment of the Board of Directors.
(B) Qualifications
The Executive Director shall be an individual with training
or expertise in the application of laws referred to in section
1302(a) of this title.
(C) Disqualifications
The disqualifications in section 1381(d)(2) of this title
shall apply to the appointment of the Executive Director.
(2) Compensation
The Chair may fix the compensation of the Executive Director.
The rate of pay for the Executive Director may not exceed the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of title 5.
(3) Term
The term of office of the Executive Director shall be a single
term of 5 years, except that the first Executive Director shall have
a single term of 7 years.
(4) Duties
The Executive Director shall serve as the chief operating
officer of the Office. Except as otherwise specified in this
chapter, the Executive Director shall carry out all of the
responsibilities of the Office under this chapter.
(b) Deputy Executive Directors
(1) In general
The Chair, subject to the approval of the Board, shall appoint
and may remove a Deputy Executive Director for the Senate and a
Deputy Executive Director for the House of Representatives.
Selection and appointment of a Deputy Executive Director shall be
without regard to political affiliation and solely on the basis of
fitness to perform the duties of the office. The disqualifications
in section 1381(d)(2) of this title shall apply to the appointment
of a Deputy Executive Director.
(2) Term
The term of office of a Deputy Executive Director shall be a
single term of 5 years, except that the first Deputy Executive
Directors shall have a single term of 6 years.
(3) Compensation
The Chair may fix the compensation of the Deputy Executive
Directors. The rate of pay for a Deputy Executive Director may not
exceed 96 percent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of title 5.
(4) Duties
The Deputy Executive Director for the Senate shall recommend to
the Board regulations under section 1384(a)(2)(B)(i) of this title,
maintain the regulations and all records pertaining to the
regulations, and shall assume such other responsibilities as may be
delegated by the Executive Director. The Deputy Executive Director
for the House of Representatives shall recommend to the Board the
regulations under section 1384(a)(2)(B)(ii) of this title, maintain
the regulations and all records pertaining to the regulations, and
shall assume such other responsibilities as may be delegated by the
Executive Director.
(c) General Counsel
(1) In general
The Chair, subject to the approval of the Board, shall appoint a
General Counsel. Selection and appointment of the General Counsel
shall be without regard to political affiliation and solely on the
basis of fitness to perform the duties of the Office. The
disqualifications in section 1381(d)(2) of this title shall apply to
the appointment of a General Counsel.
(2) Compensation
The Chair may fix the compensation of the General Counsel. The
rate of pay for the General Counsel may not exceed the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of title 5.
(3) Duties
The General Counsel shall--
(A) exercise the authorities and perform the duties of the
General Counsel as specified in this chapter; and
(B) otherwise assist the Board and the Executive Director in
carrying out their duties and powers, including representing the
Office in any judicial proceeding under this chapter.
(4) Attorneys in the office of the General Counsel
The General Counsel shall appoint, and fix the compensation of,
and may remove, such additional attorneys as may be necessary to
enable the General Counsel to perform the General Counsel's duties.
(5) Term
The term of office of the General Counsel shall be a single term
of 5 years.
(6) Removal
(A) Authority
The General Counsel may be removed from office by the Chair
but only for--
(i) disability that substantially prevents the General
Counsel from carrying out the duties of the General Counsel,
(ii) incompetence,
(iii) neglect of duty,
(iv) malfeasance, including a felony or conduct
involving moral turpitude, or
(v) holding an office or employment or engaging in an
activity that disqualifies the individual from service as
the General Counsel under paragraph (1).
(B) Statement of reasons for removal
In removing the General Counsel, the Speaker of the House of
Representatives and the President pro tempore of the Senate
shall state in writing to the General Counsel the specific
reasons for the removal.
(d) Other staff
The Executive Director shall appoint, and fix the compensation of,
and may remove, such other additional staff, including hearing officers,
but not including attorneys employed in the office of the General
Counsel, as may be necessary to enable the Office to perform its duties.
(e) Detailed personnel
The Executive Director may, with the prior consent of the department
or agency of the Federal Government concerned, use on a reimbursable or
nonreimbursable basis the services of personnel of any such department
or agency, including the services of members or personnel of the General
Accounting Office Personnel Appeals Board.
(f) Consultants
In carrying out the functions of the Office, the Executive Director
may procure the temporary (not to exceed 1 year) or intermittent
services of consultants.
(Pub. L. 104-1, title III, Sec. 302, Jan. 23, 1995, 109 Stat. 26.)
