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§ 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.)



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