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B-185525 1 (1975-12-23)

handle is hein.gao/gaobadduf0001 and id is 1 raw text is: 



DECISION




FILE:   B-1855


             cD0  DE 2 37

DATE:   DEC  2 31975


25


MATTER   OF:   National Transportation Safety Board - Tenure and
               Compensation of Board Members  and Chairman


DIGEST:


Present members  of National Transportation Safety
Board may  continue to receive their salaries if, upon
expiration of their fixed terms of office, they continue
to serve until their successors are appointed and have
qualified. Present Board Chairman may not continue
as Chairman after January 1, 1976, but may continue
to serve as acting Chairman after that date, at regular
Board member's  compensation.


    This action is in response to several questions presented by the
Chairman  of the National Transportation Safety Board concerning the
tenure and compensation of the Board members and Chairman.

    The Chairman asks whether present Board members may  continue
to receive their salaries if, upon expiration of their fixed terms of of-
fice, they continue to serve until their successors are appointed and
have qualified. The Chairman further asks whether he is authorized
to continue serving as Chairman until the President has designated,
by and with the advice and consent of the Senate, an individual to
serve as Chairman or until an acting Chairman has been named, and,
if so authorized, at what salary (Executive Pay Level III or IV) is the
Chairman  to be paid.

    The Board was originally established in 1966 by section 5 of the
Department of Transportation Act, 49 U. S. C. § 1654 (1970). It was
to be an independent agency located within the Department of Trans-
portation, and to consist of five members appointed to 5-year terms
by the President by and with the advice and consent of the Senate.

    The Congress subsequently determined that the Board could not
properly perform its functions unless it was totally separate and in-
dependent from any other Federal department, bureau, commission,
or agency. It therefore provided in the Independent Safety Board Act
of 1974, Pub. L. No. 93-633, title III, January 3, 1975, 88 Stat.
2166, at section 303(a), that the Board, I* * * previously estab-
lished within the Department of Transportation, shall be an indepen-
dent agency of the United States, in accordance with this section, on
and after April 1, 1975.  Section 303(b) provides for a Board of
five members, each serving for a term of 5 years. In order to




                      ~99'7!~                7


        THE  COMPTROLLER GENERAL
        OF   THE   UNITED STATES
        WASHINGTON. D.C. 20548
Z IT

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