Current as of: February 2010
(a) In general
The Commission may, without regard to the civil service laws and
regulations, appoint and terminate an Executive Director and such
other additional personnel as may be necessary to enable the
Commission to perform its duties. The decision to employ or
terminate an Executive Director shall be made by an affirmative
vote of at least six of the nine members of the Commission.
The Commission may fix the compensation of the Executive Director
and other personnel without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5 relating to
classification of positions and General Schedule pay rates, except
that the rate of pay for the Executive Director and other personnel
may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(c) Professional staff
The Commission and the Executive Director shall hire Commission
staff on the basis of professional and nonpartisan qualifications.
Commissioners may not individually hire staff of the Commission.
Staff shall serve the Commission as a whole and may not be assigned
to the particular service of a single Commissioner or a specified
group of Commissioners. This subsection does not prohibit staff
personnel from assisting individual members of the Commission with
particular needs related to their duties.
(d) Staff and services of other Federal agencies
(1) Department of State
The Secretary of State shall assist the Commission by providing
on a reimbursable or nonreimbursable basis to the Commission such
staff and administrative services as may be necessary and
appropriate to perform its functions.
(2) Other Federal agencies
Upon the request of the Commission, the head of any Federal
department or agency may detail, on a reimbursable or
nonreimbursable basis, any of the personnel of that department or
agency to the Commission to assist it in carrying out its
functions under this subchapter. The detail of any such personnel
shall be without interruption or loss of civil service or Foreign
Service status or privilege.
(e) Security clearances
The Executive Director shall be required to obtain a security
clearance. The Executive Director may request, on a needs-only
basis and in order to perform the duties of the Commission, that
other personnel of the Commission be required to obtain a security
clearance. The level of clearance shall be the lowest necessary to
appropriately perform the duties of the Commission.
The Commission shall reimburse all appropriate Government
agencies for the cost of obtaining clearances for members of the
commission,(!1) for the executive (!1) director,(!1) and for any
U.S. Code Provisions: Foreign Relations
State Laws: Foreign Relations