40 U.S.C. § 14306 — Administrative powers and expenses
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 588 words · no verdicts yet
The Appalachian Regional Commission may take administrative actions, hire personnel, arrange for other personnel, accept gifts, and enter into contracts and other transactions to perform its functions. The section also authorizes certain federal details and transactions, allows certain benefit arrangements, and allocates administrative expenses between the Government and the States.
(a) Powers. To do its work, the Commission may: (1) adopt, change, or cancel bylaws and regulations for running its business; (2) hire and pay an executive director and other staff, capped at the Senior Executive Service's top basic pay rate plus any allowed locality payment; (3) ask federal agencies to detail personnel to the Commission, without the employee losing seniority, pay, or status; (4) arrange for personnel from state or local governments or intergovernmental agencies; (5)(A) make contracts with a participating state for its Commission staff to join a state retirement or benefit system if not otherwise eligible for one, or (B) otherwise provide coverage; (6) accept, use, and dispose of gifts or donated services or property; (7) make contracts, leases (including office space), cooperative agreements, or other deals as needed with federal agencies, states or their subdivisions, or persons; (8) keep a temporary D.C. office plus a permanent central office and other field offices as needed; and (9) take other actions and spend money as necessary.
(b) Authorizations. (1) Detail employees. The head of a federal department or agency may detail personnel under (a)(3). (2) Enter into and perform transactions. A department, agency, or instrumentality of the Government may, unless another law prohibits it, enter into and perform a contract, lease, cooperative agreement, or other transaction under (a)(7).
(c) Retirement and Other Employee Benefit Programs. The Director of the Office of Personnel Management may contract with the Commission so Commission employees who were already federal employees keep coverage in federal retirement and benefit programs.
(d) Expenses. The federal government and the Appalachian states split the Commission's administrative expenses equally, except the Federal Cochairman's, the alternate's, and their staff's expenses, which the federal government alone pays. The Commission decides each state's share, and the Federal Cochairman cannot vote on that. A state that is behind on paying its share, and any of its subdivisions or residents, loses eligibility for assistance under this subtitle, and that state's Commission member cannot vote on Commission decisions while behind.
To carry out its duties under this subtitle, the Appalachian Regional Commission may—
adopt, amend, and repeal bylaws and regulations governing the conduct of its business and the performance of its functions;
appoint and fix the compensation of an executive director and other personnel as necessary to enable the Commission to carry out its functions, except that the compensation shall not exceed the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of title 5;
request the head of any federal department or agency to detail to temporary duty with the Commission personnel within the administrative jurisdiction of the head of the department or agency that the Commission may need for carrying out its functions, each detail to be without loss of seniority, pay, or other employee status;
arrange for the services of personnel from any state or local government, subdivision or agency of a state or local government, or intergovernmental agency;
make arrangements, including contracts, with any participating state government for inclusion in a suitable retirement and employee benefit system of Commission personnel who may not be eligible for, or continue in, another governmental retirement or employee benefit system; or
otherwise provide for coverage of its personnel;
accept, use, and dispose of gifts or donations of services or any property;
enter into and perform contracts, leases (including the lease of office space for any term), cooperative agreements, or other transactions, necessary in carrying out its functions, on terms as it may consider appropriate, with any—
department, agency, or instrumentality of the Federal Government;
State or political subdivision, agency, or instrumentality of a State; or
person;
maintain a temporary office in the District of Columbia and establish a permanent office at a central and appropriate location it may select and field offices at other places it may consider appropriate; and
take other actions and incur other expenses as may be necessary or appropriate.
The head of a federal department or agency may detail personnel under subsection (a)(3).
A department, agency, or instrumentality of the Government, to the extent not otherwise prohibited by law, may enter into and perform a contract, lease, cooperative agreement, or other transaction under subsection (a)(7).
The Director of the Office of Personnel Management may contract with the Commission for continued coverage of Commission employees, if the employees are federal employees when they begin Commission employment, in the retirement program and other employee benefit programs of the Government.
Administrative expenses of the Commission shall be paid equally by the Government and the States in the Appalachian region, except that the expenses of the Federal Cochairman, the alternate to the Federal Cochairman, and the staff of the Federal Cochairman shall be paid only by the Government. The Commission shall determine the amount to be paid by each State. The Federal Cochairman shall not participate or vote in that determination. Assistance authorized by this subtitle shall not be furnished to any State or to any political subdivision or any resident of any State, and a state member of the Commission shall not participate or vote in any decision by the Commission, while the State is delinquent in payment of its share of administrative expenses.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1259.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1259
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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