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42 U.S.C. § 17356 — General personnel authorities

submitted 19 years ago by Pub. L. 110-140 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 370 words · no verdicts yet

in plain englishAI-generated · not legal advice

Agencies may detail employees to the Foundation while preserving their agency status and benefits. Eligible transferred employees receive reemployment rights, and the Foundation receives limited flexible hiring and pay authority.

(a) Details. At the CEO’s request, an agency head may detail an employee to the Foundation on a reimbursable basis. The employee remains an employee of the original agency for allowances, privileges, rights, seniority, and benefits. (b) Reemployment. (1) An agency employee with a career or career-conditional appointment, or equivalent, who transfers with agency-head consent is entitled to return to the former position or one with like seniority, status, and pay if (A) separated from the Foundation for a reason other than misconduct, neglect of duty, or malfeasance and (B) applying within 90 days after separation. (2) The agency must reemploy a qualifying employee within 30 days after application, with at least the basic-pay rate the employee would have had without transferring. (c) Hiring. No more than 30 Foundation employees may be appointed, paid, or removed without regard to civil-service laws and regulations. (d) Pay. The CEO may set employee basic pay without the position-classification and General Schedule provisions cited in the section, but no employee may receive more than Level IV Executive Schedule pay. (e) Definitions. “Agency” means an executive agency as defined in section 105 of title 5. “Detail” means assigning or loaning an employee to the Foundation without changing the employee’s 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 Foundation 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 Foundation, 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 Foundation 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 Foundation.

(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 Foundation, no more than 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 Foundation 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 Foundation may receive a rate of basic pay that exceeds the rate for level IV of the Executive Schedule under section 5315 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 Foundation.

Source credit: (Pub. L. 110–140, title IX, § 926, Dec. 19, 2007, 121 Stat. 1737.)

history & why it existsrecord from the source credit
  • 2007Enacted · Pub. L. 110-140 · 121 Stat. 1737

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-140 on 2007-12-19.

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