§2123 — Title 48 Territories and Insular Possessions | U.S. Code

Summary

The Oversight Board must have an Executive Director chosen by the Chair with the Board’s agreement. The Board sets the Executive Director’s pay. With the Chair’s approval, the Executive Director can hire more staff and set their pay, but cannot pay anyone more than the Executive Director unless the Board allows it. The staff must include a Revitalization Coordinator under subchapter V. Staff can be private citizens, federal employees, or territorial employees, but the Executive Director cannot set pay for federal or territorial employees. The Board can hire and pay its Executive Director and staff without following the usual territory or federal rules about appointments, pay, or the territory’s procurement laws. If the Chair asks, federal or territorial agency heads may temporarily assign employees to help the Board, on a reimbursable or nonreimbursable basis; federal details follow the Intergovernmental Personnel Act of 1970 (5 U.S.C. 3371–3375).

Title 48, §2123

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)The Oversight Board shall have an Executive Director who shall be appointed by the Chair with the consent of the Oversight Board. The Executive Director shall be paid at a rate determined by the Oversight Board.

(b)With the approval of the Chair, the Executive Director may appoint and fix the pay of additional personnel as the Executive Director considers appropriate, except that no individual appointed by the Executive Director may be paid at a rate greater than the rate of pay for the Executive Director unless the Oversight Board provides for otherwise. The staff shall include a Revitalization Coordinator appointed pursuant to subchapter V of this chapter. Any such personnel may include private citizens, employees of the Federal Government, or employees of the territorial government, provided, however, that the Executive Director may not fix the pay of employees of the Federal Government or the territorial government.

(c)The Executive Director and staff of the Oversight Board may be appointed and paid without regard to any provision of the laws of the covered territory or the Federal Government governing appointments and salaries. Any provision of the laws of the covered territory governing procurement shall not apply to the Oversight Board.

(d)Upon request of the Chair, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, and in accordance with the Intergovernmental Personnel Act of 1970 (5 U.S.C. 3371–3375), any of the personnel of that department or agency to the Oversight Board to assist it in carrying out its duties under this chapter.

(e)Upon request of the Chair, the head of any department or agency of the covered territory may detail, on a reimbursable or nonreimbursable basis, any of the personnel of that department or agency to the Oversight Board to assist it in carrying out its duties under this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subchapter V of this chapter, referred to in subsec. (b), was in the original “Title V of this Act”, meaning title V of Pub. L. 114–187, June 30, 2016, 130 Stat. 596, which is classified principally to subchapter V of this chapter. For complete classification of title V to the Code, see Tables. The Intergovernmental Personnel Act of 1970, referred to in subsec. (d), is Pub. L. 91–648, Jan. 5, 1971, 84 Stat. 1909, which enacted sections 3371 to 3376 of Title 5, Government Organization and Employees, and chapter 62 (§ 4701 et seq.) of Title 42, The Public Health and Welfare, amended section 1304 of Title 5 and section 246 of Title 42, repealed sections 1881 to 1888 of Title 7, Agriculture, and section 869b of Title 20, Education, and enacted provisions set out as notes under section 3371 of Title 5. For complete classification of this Act to the Code, see

Short Title

note set out under section 4701 of Title 42 and Tables. This chapter, referred to in subsecs. (d) and (e), was in the original “this Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2101 of this title and Tables.

§2123 Executive Director and staff of Oversight Board

Summary

Title 48, §2123

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Citations & Metadata