42 U.S.C. § 1962a–4: Administrative provisions

Summary

The Council can do what it needs to carry out its work. It may hold hearings, take testimony and other evidence, and publish reports. It can secure and set up office space, use the U.S. mail like other federal agencies, hire staff under the civil service rules (chapter 51 and subchapter III of chapter 53 of title 5), hire outside experts under section 3109 of title 5 at pay no higher than the daily equivalent of GS‑18 under section 5332 of title 5, buy and operate passenger cars, pay necessary expenses, and use any other powers reasonably needed to perform its duties. A majority of the Council can allow any member to administer oaths. Records and papers may be open for public inspection during normal office hours, as the law allows. Federal department heads must give the Council requested information and may temporarily detail staff to the Council on a reimbursable basis without loss of seniority, pay, or other status. The Council is responsible for hiring and supervising personnel, assigning their duties, and managing its funds.

Title 42, §1962a–4

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Hearings, proceedings, evidence, reports; office space; use of mails; personnel; consultants; motor vehicles; necessary expenses; other powers

For the purpose of carrying out the provisions of this chapter, the Council may: (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports thereon as it may deem advisable; (2) acquire, furnish, and equip such office space as is necessary; (3) use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States; (4) employ and fix the compensation of such personnel as it deems advisable, in accordance with the civil service laws and chapter 51 and subchapter III of chapter 53 of title 5; (5) procure services as authorized by section 3109 of title 5, at rates not in excess of the daily equivalent of the rate prescribed for grade GS–18 under section 5332 of title 5 in the case of individual experts or consultants; (6) purchase, hire, operate, and maintain passenger motor vehicles; and (7) incur such necessary expenses and exercise such other powers as are consistent with and reasonably required to perform its functions under this chapter.

(b)Oaths

Any member of the Council is authorized to administer oaths when it is determined by a majority of the Council that testimony shall be taken or evidence received under oath.

(c)Records; public inspection

To the extent permitted by law, all appropriate records and papers of the Council may be made available for public inspection during ordinary office hours.

(d)Information and personnel from other Federal agencies

Upon request of the Council, the head of any Federal department or agency is authorized (1) to furnish to the Council such information as may be necessary for carrying out its functions and as may be available to or procurable by such department or agency, and (2) to detail to temporary duty with such Council on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status.

(e)Responsibility for personnel and funds

The Council shall be responsible for (1) the appointment and supervision of personnel, (2) the assignment of duties and responsibilities among such personnel, and (3) the use and expenditures of funds.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “chapter 51 and subchapter III of chapter 53 of title 5” substituted for “Classification Act of 1949, as amended” and “section 3109 of title 5” substituted for “section 15 of the Act of August 2, 1946 (5 U.S.C. 55a)”, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

1975—Subsec. (a)(5). Pub. L. 94–112 substituted “not in excess of the daily equivalent of the rate prescribed for grade GS–18 under section 5332 of title 5 in the case of individual experts or consultants” for “not to exceed $100 per diem for individuals”.

Statutory Notes and Related Subsidiaries

References in Other Laws to GS–16, 17, or 18 Pay RatesReferences 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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§1962a–4 Administrative Provisions