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B-288581 1 (2001-11-19)

handle is hein.gao/gaocrptamsf0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Commodity Futures Trading Commission File: B-288581 Date: November 19, 2001 DIGEST Pursuant to 7 U.S.C. § 2(a)(2)(A), in the event a successor is not appointed and qualified, Commodity Futures Trading Commission (CFTC) Commissioner Spears may continue to serve until the expiration of this current session of Congress. The Commissioner may not serve beyond the adjournment sine die of the current session of Congress irrespective of any reserved right to reconvene, or, in the absence of an adjournment sine die, when by operation of law the next session of Congress begins. DECISION The Commodity Futures Trading Commission (CFTC) has requested an opinion concerning when its appropriations will no longer be available to pay the compensation of Commissioner David D. Spears, due to the expiration of his holdover term. In the event a successor is not appointed and qualified, the applicable statutory holdover provision provides that the Commissioner may continue to serve until the expiration of the current session of Congress. 7 U.S.C. § 2(a)(2)(A). For the reasons discussed below, the Commissioner's holdover term will expire upon the adjournment sine die of the current session of Congress pursuant to a concurrent resolution, irrespective of any reserved right to reconvene, or, in the absence of a resolution providing for an adjournment sine die, when by operation of law the next session of Congress begins. BACKGROUND Commissioner Spears's fixed 5-year term of office ended April 15, 2000, during the second session of the 106' Congress. The Commissioner has continued to serve since that time pursuant to a holdover provision which provides that: Each Commissioner shall hold office for a term of five years and until his successor is appointed and has qualified, except that he shall not so continue to

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