Page:United States Statutes at Large Volume 109 Part 1.djvu/44

 109 STAT. 28 PUBLIC LAW 104-1—JAN. 23, 1995 2 USC 1383. Congressional Record, publication. Congressional Record, publication. (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. SEC. 303. PROCEDURAL RULES. (a) IN GENERAL. —The Executive Director shall, subject to the approval of the Board, adopt rules governing the procedures of the Office, including the procedures of hearing officers, which shall be submitted for publication in the Congressional Record. The rules may be amended in the same manner. (b) PROCEDURE. — The Executive Director shall adopt rules referred to in subsection (a) in accordance with the principles and procedures set forth in section 553 of title 5, United States Code. The Executive Director shall publish a general notice of proposed rulemaking under section 553(b) of title 5, United States Code, but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Executive Director shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Before adopting rules, the Executive Director shall provide a comment period of at least 30 days after publication of a general notice of proposed rulemaking. Upon adopting rules, the Executive Director shall transmit notice of such action together with a copy of such rules to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Rules shall be considered issued by the Executive Director as of the date on which they are published in the Congressional Record.

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