
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4276]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
     CHAPTER 53--ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS
 
Sec. 4276. Powers and administrative provisions


(a) Hearings; oaths and affirmations

    The Commission or, on the authorization of the Commission, any 
subcommittee or members thereof, may, for the purpose of carrying out 
the provisions of this chapter, hold such hearings, take such testimony, 
and sit and act at such times and places as the Commission deems 
advisable. Any member authorized by the Commission may administer oaths 
or affirmations to witnesses appearing before the Commission or any 
subcommittee or members thereof.

(b) Cooperation by Federal agencies

    Each department, agency, and instrumentality of the executive branch 
of the Government, including independent agencies, is authorized and 
directed to furnish to the Commission, upon request made by the Chairman 
or Vice Chairman, such information as the Commission deems necessary to 
carry out its functions under this chapter.

(c) Executive director

    The Commission shall have power to appoint, fix the compensation of, 
and remove an executive director without regard to the civil service 
laws and chapter 51 and subchapter III of chapter 53 of title 5. Such 
appointment shall be made solely on the basis of fitness to perform the 
duties of the position and without regard to political affiliation.

(d) Appointment and compensation of other personnel; temporary and 
        intermittent services

    Subject to such rules and regulations as may be adopted by the 
Commission, the Chairman, without regard to the civil service laws and 
chapter 51 and subchapter III of chapter 53 of title 5, and without 
reference to political affiliation, shall have the power--
        (1) to appoint, fix the compensation of, and remove such other 
    personnel as he deems necessary,
        (2) to procure temporary and intermittent services to the same 
    extent as is authorized by section 3109 of title 5 but at rates not 
    to exceed $50 a day for individuals.

(e) Applicability of other laws to employees

    Except as otherwise provided in this chapter, persons in the employ 
of the Commission under subsections (c) and (d)(1) of this section shall 
be considered to be Federal employees for all purposes, including--
        (1) subchapter III of chapter 83 of title 5,
        (2) chapter 87 of title 5,
        (3) annual and sick leave, and
        (4) subchapter I of chapter 57 of this title 5.

(f) Maximum compensation of employees

    No individual employed in the service of the Commission shall be 
paid compensation for such employment at a rate in excess of the highest 
rate provided for grade 18 under the General Schedule, except that the 
executive director of the Commission may be paid compensation at any 
rate not exceeding the rate prescribed for level V in the Executive 
Schedule of subchapter II of chapter 53 of title 5.

(Pub. L. 86-380, Sec. 6, Sept. 24, 1959, 73 Stat. 705; Pub. L. 88-426, 
title III, Sec. 306(e), Aug. 14, 1964, 78 Stat. 429; Pub. L. 89-733, 
Secs. 3, 4, Nov. 2, 1966, 80 Stat. 1162.)

                       References in Text

    The civil service laws, referred to in subsecs. (c) and (d), are set 
out in Title 5, Government Organization and Employees. See, 
particularly, section 3301 et seq. of Title 5.
    Annual and sick leave, referred to in subsec. (e)(3), is covered 
generally by section 6301 et seq. of Title 5.

                          Codification

    The following substitutions were made on authority of Pub. L. 89-
554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which 
enacted Title 5, Government Organization and Employees:
    In subsecs. (c) and (d), ``chapter 51 and subchapter III of chapter 
53 of title 5'' substituted for ``the Classification Act of 1949''.
    In subsec. (d)(2), ``section 3109 of title 5'' substituted for 
``section 15 of the Administrative Expenses Act of 1946 (5 U.S.C. 
55a)''.
    In subsec. (e), ``subchapter III of chapter 83 of title 5'', 
``chapter 87 of title 5'', and ``subchapter I of chapter 57 of title 5'' 
substituted for ``the Civil Service Retirement Act, as amended'', ``the 
Federal Employees' Group Life Insurance Act of 1954, as amended'', and 
``the Travel Expense Act of 1949, as amended'', respectively.
    In subsec. (f), ``the Executive Schedule of subchapter II of chapter 
53 of title 5'' substituted for ``the Federal Executive Salary Schedule 
of the Federal Executive Salary Act of 1964''.
    Section was formerly classified to section 2376 of Title 5 prior to 
the general revision and enactment of Title 5, Government Organization 
and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378.


                               Amendments

    1966--Subsec. (c). Pub. L. 89-733, Sec. 3, substituted ``executive 
director'' for ``staff director''.
    Subsec. (f). Pub. L. 89-733, Sec. 4, authorized the executive 
director of the Commission to be paid compensation at any rate not 
exceeding the rate prescribed for level V in the Federal Executive 
Salary Schedule.
    1964--Subsec. (f). Pub. L. 88-426 substituted ``at a rate in excess 
of the highest rate of grade 18 of the General Schedule of the 
Classification Act of 1949, as amended'' for ``at a rate in excess of 
$20,000 per annum''.


                    Effective Date of 1964 Amendment

    Amendment by Pub. L. 88-426 effective on first day of first pay 
period which begins on or after July 1, 1964, except to the extent 
provided in section 501(c) of Pub. L. 88-426.


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.
