Page:United States Statutes at Large Volume 94 Part 1.djvu/80

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 30

Removal procedures.

Notice and hearing. Waiver.

C!ompensation.

5 USC 5332 note.

Chairperson.

General Counsel.

5 USC 5332 note. Duties.

Corrective or disciplinary action, Board authority.

PUBLIC LAW 96-191—FEB. 15, 1980 appointed to fill a vacancy shall serve only for the unexpired portion of the term with respect to which such vacancy has occurred, except that, if the unexpired portion is less than one year, the Comptroller General may appoint the individual for a term which is equal to three years plus that unexpired portion. (5) A member of the Board may continue to serve after the expiration of the term for which the member was appointed until a successor has taken office, except that the member may not so continue to serve for more than six months after the date on which the term for which the member was appointed otherwise would expire under this subsection. (c)(1) A member of the Board may be removed from the Board— (A) by majority vote of the members of the Board (other than the member who is the subject of the proposed action of removal); and (B) only for inefficiency, neglect of duty, or malfeasance in office. (2) Any member of the Board who is the subject of any proposed action of removal under this subsection shall be given notice and opportunity for a hearing before the Board prior to any vote of the members of the Board under paragraph (I)(A). The Board may dispense with the opportunity for a hearing only upon the submission of a written waiver of the hearing to the Chair by the member subject to the proposed action. (d) Each member of the Board who is not otherwise employed by the United States Government shall receive compensation at a rate equal to the daily rate payable for GS-18 under the General Schedule under section 5332 of title 5, United States Code, including traveltime, for each day such member is engaged in the actual performance of duties as a member of the Board. A member of the Board who is an officer or employee of the United States Government shall serve without additional compensation. All members of the Board shall be entitled to travel expenses and per diem allowances in accordance with section 5703 of title 5, United States Code. (e) The members of the Board shall select from among the members of the Board a Chair who shall be the chief executive and administrative officer of the Board. (fKl) The Chair shall select and the Comptroller General shall appoint an individual to serve as General Counsel of the Board (hereinafter referred to as the "General Counsel"). The General Counsel shall be eligible for reappointment and shall serve at the pleasure of the Chair. (2) The Chair shall fix the rate of pay of the General Counsel, except that the rate of pay shall not exceed the maximum rate payable for GS-15 of the General Schedule. (g) The General Counsel shall— (1) investigate any allegation concerning prohibited personnel practices referred to in section 3(b)(l)(B) of this Act to the extent necessary to determine whether there are reasonable grounds to believe that any such practice has occurred, exists, or is to be taken by any employee of the General Accounting Office; (2) investigate any allegation concerning prohibited political activities referred to in section 3(b)(l)(C) of this Act; (3) investigate matters under the jurisdiction of the Board if so requested by the Board or any member of the Board; and (4) otherwise assist the Board in carrying out its functions, (h) The Board may consider, decide, and order corrective or disciplinary action (as appropriate) in cases arising from— (1) employee appeals concerning any removal, suspension for