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22 U.S.C. § 7716General personnel authorities

submitted 22 years ago by Pub. L. 108-199 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 370 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal agencies can lend employees to the Corporation, and those employees keep their home-agency benefits. Career employees who transfer to the Corporation get their old job back if they leave within 90 days and ask for reemployment. The Corporation can hire up to 30 people outside normal civil service rules, and its chief officer sets pay, capped at Executive Schedule Level II.

(a) Detail of personnel: At the Chief Executive Officer's request, another federal agency's head may lend an employee to the Corporation on a reimbursable basis. That employee keeps their home agency's allowances, privileges, rights, seniority, and other benefits. (b) Reemployment rights: (1) An agency employee with a career or career-conditional appointment who transfers to the Corporation, with their agency head's consent, can get their old job back -- or one of similar seniority, status, and pay -- if they (A) leave the Corporation for a reason other than misconduct, neglect, or wrongdoing, and (B) apply for reemployment within 90 days of leaving. (2) Someone who meets those conditions must be reemployed within 30 days of applying, and must get at least the pay they would have earned had they never transferred. (c) Hiring authority: Up to 30 Corporation employees may be hired, paid, or fired without following normal civil service laws and rules. (d) Basic pay: The Chief Executive Officer may set employee pay without following the usual position-classification and General Schedule pay rules, except no employee may earn more than the rate for Executive Schedule Level II. (e) Definitions: "Agency" means an executive agency as defined in section 105 of title 5. "Detail" means lending an employee to the Corporation without changing that employee's actual position.
the actual law source: uscode.house.gov ↗public domain
(a) Detail of personnel

Upon request of the Chief Executive Officer, the head of an agency may detail any employee of such agency to the Corporation on a reimbursable basis. Any employee so detailed remains, for the purpose of preserving such employee’s allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed.

(b) Reemployment rights
(1) In general

An employee of an agency who is serving under a career or career conditional appointment (or the equivalent), and who, with the consent of the head of such agency, transfers to the Corporation, is entitled to be reemployed in such employee’s former position or a position of like seniority, status, and pay in such agency, if such employee—

(A)

is separated from the Corporation for any reason, other than misconduct, neglect of duty, or malfeasance; and

(B)

applies for reemployment not later than 90 days after the date of separation from the Corporation.

(2) Specific rights

An employee who satisfies paragraph (1) is entitled to be reemployed (in accordance with such paragraph) within 30 days after applying for reemployment and, on reemployment, is entitled to at least the rate of basic pay to which such employee would have been entitled had such employee never transferred.

(c) Hiring authority

Of persons employed by the Corporation, not to exceed 30 persons may be appointed, compensated, or removed without regard to the civil service laws and regulations.

(d) Basic pay

The Chief Executive Officer may fix the rate of basic pay of employees of the Corporation without regard to the provisions of chapter 51 of title 5 (relating to the classification of positions), subchapter III of chapter 53 of such title (relating to General Schedule pay rates), except that no employee of the Corporation may receive a rate of basic pay that exceeds the rate for level II of the Executive Schedule under section 5313 of such title.

(e) Definitions

In this section—

(1)

the term “agency” means an executive agency, as defined by section 105 of title 5; and

(2)

the term “detail” means the assignment or loan of an employee, without a change of position, from the agency by which such employee is employed to the Corporation.

Source credit: (Pub. L. 108–199, div. D, title VI, § 617, Jan. 23, 2004, 118 Stat. 224.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-199 · 118 Stat. 224

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-199 on 2004-01-23.

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