§106. Administrative powers of Commission

To carry out its duties under this Act, the Commission is authorized to-

(1) adopt, amend, and repeal bylaws, rules, and regulations governing the conduct of its business and the performance of its functions.

(2) appoint and fix the compensation of an executive director and such other personnel as may be necessary to enable the Commission to carry out its functions, except that such compensation shall not exceed the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. The executive director shall be responsible for carrying out the administrative functions of the Commission, for direction of the Commission staff, and for such other duties as the Commission may assign. No member, alternate, officer, or employee of the Commission, other than the Federal Cochairman on the Commission, his staff, and his alternate and Federal employees detailed to the Commission under paragraph (3) shall be deemed a Federal employee for any purpose.

(3) request the head of any Federal department or agency (who is hereby so authorized) to detail to temporary duty with the Commission such personnel within his administrative jurisdiction as the Commission may need for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status.

(4) arrange for the services of personnel from any State or local government or any subdivision or agency thereof, or any intergovernmental agency.

(5) make arrangements, including contracts, with any participating State government for inclusion in a suitable retirement and employee benefit system of such of its personnel as may not be eligible for, or continue in, another governmental retirement or employee benefit system, or otherwise provide for such coverage of its personnel. The Director of the Office of Personnel Management of the United States is authorized to contract with the Commission for continued coverage of Commission employees, who at date of Commission employment are Federal employees, in the retirement program and other employee benefit programs of the Federal Government.

(6) accept, use, and dispose of gifts or donations of services or property, real, personal, or mixed, tangible or intangible.

(7) enter into and perform such contracts, leases (including, notwithstanding any other provision of law, the lease of office space for any term expiring no later than September 30, 2001), cooperative agreements, or other transactions as may be necessary in carrying out its functions and on such terms as it may deem appropriate, with any department, agency, or instrumentality of the United States (which is hereby so authorized to the extent not otherwise prohibited by law) or with any State, or any political subdivision, agency, or instrumentality thereof, or with any person, firm, association, or corporation.

(8) maintain a temporary office in the District of Columbia and establish a permanent office at such a central and appropriate location as it may select and field offices at such other places as it may deem appropriate.

(9) take such other actions and incur such other expenses as may be necessary or appropriate.

( Pub. L. 89–4, title I, §106, Mar. 9, 1965, 79 Stat. 8 ; Pub. L. 90–103, title I, §104, Oct. 11, 1967, 81 Stat. 257 ; Pub. L. 92–65, title II, §203, Aug. 5, 1971, 85 Stat. 168 ; Pub. L. 94–188, title I, §§107, 108, Dec. 31, 1975, 89 Stat. 1080 , 1081; Pub. L. 96–506, §3(2), Dec. 8, 1980, 94 Stat. 2746 ; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 105–393, title II, §§205, 206, Nov. 13, 1998, 112 Stat. 3619 , 3620.)

Amendments

1998-Par. (2). Pub. L. 105–393, §205, substituted "the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title" for "the salary of the alternate to the Federal Cochairman on the Commission as provided in section 101".

Par. (7). Pub. L. 105–393, §206, substituted "2001" for "1982".

1980-Par. (7). Pub. L. 96–506 substituted "September 30, 1982" for "September 30, 1979".

1975-Par. (2). Pub. L. 94–188, §108, inserted provisions that executive director shall be responsible for carrying out administrative functions of Commission, for direction of Commission staff, and for such other duties as Commission may assign.

Par. (7). Pub. L. 94–188, §107, substituted "September 30, 1979" for "June 30, 1975".

1971-Par. (7). Pub. L. 92–65 substituted "June 30, 1975" for "June 30, 1971".

1967-Par. (7). Pub. L. 90–103 inserted "(including, notwithstanding any other provision of law, the lease of office space for any term expiring no later than June 30, 1971)" and "(which is hereby so authorized to the extent not otherwise prohibited by law)".

Transfer of Functions

"Director of the Office of Personnel Management" substituted for "Civil Service Commission" in par. (5), pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

Section Referred to in Other Sections

This section is referred to in section 108 of this Appendix; title 5 section 5334.