22 U.S.C. § 7716 — General personnel authorities
submitted 22 years ago by Pub. L. 108-199 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 370 words · no verdicts yet
This section permits agency employees to be detailed or transferred to the Corporation, provides limited reemployment rights, and sets special hiring and pay rules. It defines “agency” and “detail” for this section.
(a) Detail. At the Chief Executive Officer’s request, an agency head may detail an agency employee to the Corporation* on a reimbursable basis. The employee remains an employee of the original agency for allowances, privileges, rights, seniority, and other benefits.
(b) Reemployment. (1) An employee with a career or career-conditional appointment, or equivalent, who transfers with the agency head’s consent is entitled to reemployment in the former position or one with similar seniority, status, and pay if separated from the Corporation for a reason other than misconduct, neglect of duty, or malfeasance and applies within 90 days. (2) The agency must reemploy a qualifying employee within 30 days after application. On reemployment, the employee must receive at least the basic-pay rate the employee would have had without the transfer.
(c) Hiring. No more than 30 Corporation employees may be appointed, paid, or removed without regard to civil-service laws and regulations.
(d) Basic pay. The Chief Executive Officer* may set employee basic pay without regard to title 5, chapter 51, or chapter 53, subchapter III, but no employee may be paid more than Executive Schedule level II under 5 U.S.C. § 5313.
(e) Definitions. “Agency” means an executive agency as defined in 5 U.S.C. § 105. “Detail” means assigning or loaning an employee, without changing position, from the employing agency to the Corporation. This section does not define the quoted terms further.
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.
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—
is separated from the Corporation for any reason, other than misconduct, neglect of duty, or malfeasance; and
applies for reemployment not later than 90 days after the date of separation from the Corporation.
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.
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.
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.
In this section—
the term “agency” means an executive agency, as defined by section 105 of title 5; and
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.)
- 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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