48 U.S.C. § 2122 — Location of Oversight Board

Page 356 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2122 (3) Adoption of rules and regulations of terri- torial government The Oversight Board may incorporate in its bylaws, rules, and procedures under this sub- section such rules and regulations of the terri- torial government as it considers appropriate to enable it to carry out its activities under this chapter with the greatest degree of inde- pendence practicable. (4) Executive session Upon a majority vote of the Oversight Board’s full voting membership, the Oversight Board may conduct its business in an execu- tive session that consists solely of the Over- sight Board’s voting members and any profes- sionals the Oversight Board determines nec- essary and is closed to the public, but only for the business items set forth as part of the vote to convene an executive session. (Pub. L. 114–187, title I, § 101, June 30, 2016, 130 Stat. 553.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(2), (d)(1)(A), (2)(A), (e)(4), and (h)(1), (3), 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 com- plete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables. § 2122. Location of Oversight Board The Oversight Board shall have an office in the covered territory and additional offices as it deems necessary. At any time, any department or agency of the United States may provide the Oversight Board use of Federal facilities and equipment on a reimbursable or non-reimburs- able basis and subject to such terms and condi- tions as the head of that department or agency may establish. (Pub. L. 114–187, title I, § 102, June 30, 2016, 130 Stat. 557.) § 2123. Executive Director and staff of Oversight Board (a) Executive Director 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 deter- mined by the Oversight Board. (b) Staff With the approval of the Chair, the Executive Director may appoint and fix the pay of addi- tional personnel as the Executive Director con- siders appropriate, except that no individual ap- pointed by the Executive Director may be paid at a rate greater than the rate of pay for the Ex- ecutive Director unless the Oversight Board pro- vides for otherwise. The staff shall include a Re- vitalization Coordinator appointed pursuant to subchapter V of this chapter. Any such per- sonnel 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) Inapplicability of certain employment and procurement laws The Executive Director and staff of the Over- sight Board may be appointed and paid without regard to any provision of the laws of the cov- ered territory or the Federal Government gov- erning appointments and salaries. Any provision of the laws of the covered territory governing procurement shall not apply to the Oversight Board. (d) Staff of Federal agencies 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 Per- sonnel 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) Staff of territorial government Upon request of the Chair, the head of any de- partment or agency of the covered territory may detail, on a reimbursable or nonreimburs- able basis, any of the personnel of that depart- ment or agency to the Oversight Board to assist it in carrying out its duties under this chapter. (Pub. L. 114–187, title I, § 103, June 30, 2016, 130 Stat. 557.) 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, re- ferred 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 chap- ter 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, Ag- riculture, 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. § 2124. Powers of Oversight Board (a) Hearings and sessions The Oversight Board may, for the purpose of carrying out this chapter, hold hearings, sit and act at times and places, take testimony, and re- ceive evidence as the Oversight Board considers appropriate. The Oversight Board may admin-