Sec. 607. Administration
1,098 words·~5 min read·
/bill/117/hr/677/ih/section-607·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Commission shall have a staff headed by an Executive Director, who shall be paid at a rate established for the Certified Plan pay level for the Senior Executive Service under section 5382 of title 5, United States Code. The co-chairpersons of the Commission shall designate and fix the compensation of the Executive Director and, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.
The Executive Director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title 5. Subparagraph
(A)shall not be construed to apply to members of the Commission. A member of the commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board. A member of the commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular places of business of the member in the performance of services for the Commission. With the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. Upon the request of the Commission, a Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. The Commission shall have reasonable access to materials, resources, statistical data, and other information such Commission determines to be necessary to carry out its duties from— the Library of Congress; the Department of Justice; the Office of National Drug Control Policy; the Department of State; and other agencies of the executive or legislative branch of the Federal Government. The co-chairpersons of the Commission shall make requests for the access described in paragraph
(1)in writing when necessary. Notwithstanding section 1342 of title 31, United States Code, the Commission— may— accept and use the services of an individual volunteering to serve without compensation; and reimburse the individual described in subparagraph
(A)for local travel, office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code; and shall consider the individual described in paragraph
(1)an employee of the Federal Government in performance of those services for the purposes of— chapter 81 of title 5, United States Code, relating to compensation for work-related injuries; chapter 171 of title 28, United States Code, relating to tort claims; and chapter 11 of title 18, United States Code, relating to conflicts of interest. Except as provided in paragraph (3), the Commission may directly secure from an agency of the United States information necessary to enable the Commission to carry out this title. Upon the request of the co-chairpersons of the Commission, the head of the agency shall furnish any information requested under paragraph
(1)to the Commission. The Commission may not have access to sensitive information regarding ongoing investigations. The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. The Commission shall submit biannual status reports to Congress regarding— the use of resources; salaries; and all expenditures of appropriated funds. The Commission may enter into a contract with a Federal or State agency, a private firm, an institution, or an individual for the conduct of an activity necessary to the discharge of a duty or responsibility of the Commission. A contract, lease, or other legal agreement the Commission enters into may not extend beyond the date of the termination of the Commission. The Commission may accept, use, or dispose of a gift or donation of a service or property. The Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out the responsibilities of the Commission under this title, which may include— human resource management; budget; leasing; accounting; or payroll services. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. Each meeting of the Commission shall be open to the public, except that a meeting or any portion of it may be closed to the public if it concerns matters or information described in section 552b(c) of title 5, United States Code. An interested individual may— appear at an open meeting; present an oral or written statement on the subject matter of the meeting; and be administered an oath or affirmation. Each open meeting of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting. Minutes of each open meeting shall be kept and shall contain a record of— the people present; a description of the discussion that occurred; and a copy of each statement filed. The minutes and records of each open meeting and other documents that were made available to or prepared for the Commission shall be available for public inspection and copying at a single location in the offices of the Commission. Not later than the date described in section 609, all records and papers of the Commission shall be delivered to the Archivist of the United States for deposit in the National Archives.