15 U.S.C. § 770 — Appointments
submitted 52 years ago by Pub. L. 93-275 to r/title-15-COMMERCE-AND-TRADE · 359 words · no verdicts yet
This section provides temporary funding and appointments during the transfer of functions. It also protects transferred employees and preserves prior Executive Schedule pay for qualifying new appointments.
(a) With the President’s approval, money available to a department, agency, official, or component and lawfully authorized for a function transferred to the Administrator* may pay the compensation and expenses of an officer appointed under this chapter until money for that purpose is otherwise available.
(b) If an officer who must be appointed with the Senate’s advice and consent has not taken office when this chapter takes effect, the President may designate either a qualifying officer who held such an office immediately before that date or an officer performing essentially the same functions immediately before that date to act in the office until it is filled under this chapter. Such an acting officer may serve for no more than 30 days unless, during that period, the officer’s appointment is submitted to the Senate for advice and consent.
(c) Transferring a nontemporary employee under this chapter may not, except for cause, separate the employee or reduce the employee’s grade or compensation for one year after the transfer.
(d) A person who held an Executive Schedule position on the effective date and who, without a break in service, is appointed in the Administration* to a position with comparable duties must continue receiving at least the pay rate provided for the previous position.
Funds available to any department or agency (or any official or component thereof), and lawfully authorized for any of the specific functions which are transferred to the Administrator* by this chapter, may, with the approval of the President, be used to pay the compensation and expenses of any officer appointed pursuant to this chapter until such times as funds for that purpose are otherwise available.
In the event that any officer required by this chapter to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the effective date of this chapter, the President may designate any officer, whose appointment was required to be made by and with the advice and consent of the Senate and who was such an officer immediately prior to the effective date of this chapter, or any officer who was performing essentially the same functions immediately prior to the effective date of this chapter to act in such office until the office is filled as provided in this chapter: Provided, That any officer acting pursuant to the provisions of this subsection may act no longer than a period of thirty days unless during such period his appointment as such an officer is submitted to the Senate for its advice and consent.
Transfer of nontemporary personnel pursuant to this chapter shall not cause any such employee to be separated or reduced in grade or compensation, except for cause, for one year after such transfer.
Any person who, on the effective date of this chapter, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, and who, without a break in service, is appointed in the Administration* to a position having duties comparable to those performed immediately preceding his appointment, shall continue to be compensated in his new position at not less than the rate provided for his previous position.
Source credit: (Pub. L. 93–275, § 11, May 7, 1974, 88 Stat. 105.)
- 1974Enacted · Pub. L. 93-275 · 88 Stat. 105
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-275 on 1974-05-07.
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