42 U.S.C. § 2996d — Officers and employees
submitted 52 years ago by Pub. L. 88-452 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 505 words · no verdicts yet
The Board appoints the Corporation’s president and other officers, sets compensation within a stated limit, and controls employee appointments and removals subject to Board policies. The section bars political tests, limits conflicts of interest, provides specified Federal-employee exceptions, and applies freedom-of-information rules.
(a) Appointment of president; outside compensation of officers prohibited; terms
The Board appoints the Corporation’s president, who must belong to the bar of a State’s highest court and is a nonvoting ex officio Board member, plus any other needed officers. During Corporation employment, an officer may receive salary or other service compensation only from the Corporation unless the Board authorizes otherwise. Officers serve at the Board’s pleasure.
(b) Power of president to appoint and remove employees; nonpartisan appointments
(1) Subject to Board policies, the president may appoint and remove needed Corporation employees.
(2) No political test or qualification may be used for personnel actions involving a Corporation or recipient officer, agent, or employee, or for selecting or monitoring a covered grantee, contractor, person, or entity receiving assistance.
(c) Conflict of interest
A Board member may not participate in a decision, action, or recommendation about a matter directly benefiting the member or specifically concerning a firm or organization with which the member is associated or was associated within 2 years.
(d) Compensation
The Board sets officer and employee pay, which may not exceed level V of the Executive Schedule in section 5316 of title 5.
(e) Officers and employees not deemed officers and employees of Federal Government; Corporation not deemed a department, agency, or instrumentality of Federal Government; review of annual budget
(1) Unless this subchapter specifically provides otherwise, Corporation officers and employees are not Federal officers or employees, and the Corporation is not a Federal department, agency, or instrumentality.
(2) This subchapter does not limit the Office of Management and Budget’s authority to review and comment on the Corporation’s annual budget request when sent to Congress.
(f) Exceptions
For title 5 subchapter I of chapter 81 (work-injury compensation), chapter 83 (civil-service retirement), chapter 87 (life insurance), and chapter 89 (health insurance), Corporation officers and employees are treated as Federal officers and employees. The Corporation must contribute at the rates applicable to Federal agencies.
(g) Freedom of information
The Corporation and its officers and employees are subject to section 552 of title 5 on freedom of information.
The Board shall appoint the president of the Corporation, who shall be a member of the bar of the highest court of a State* and shall be a non-voting ex officio member of the Board, and such other officers as the Board determines to be necessary. No officer of the Corporation may receive any salary or other compensation for services from any source other than the Corporation during his period of employment by the Corporation, except as authorized by the Board. All officers shall serve at the pleasure of the Board.
The president of the Corporation, subject to general policies established by the Board, may appoint and remove such employees of the Corporation as he determines necessary to carry out the purposes of the Corporation.
No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the Corporation or of any recipient, or in selecting or monitoring any grantee, contractor, or person or entity receiving financial assistance under this subchapter.
No member of the Board may participate in any decision, action, or recommendation with respect to any matter which directly benefits such member or pertains specifically to any firm or organization with which such member is then associated or has been associated within a period of two years.
Officers and employees of the Corporation shall be compensated at rates determined by the Board, but not in excess of the rate of level V of the Executive Schedule specified in section 5316 of title 5.
Except as otherwise specifically provided in this subchapter, officers and employees of the Corporation shall not be considered officers or employees, and the Corporation shall not be considered a department, agency, or instrumentality, of the Federal Government.
Nothing in this subchapter shall be construed as limiting the authority of the Office of Management and Budget to review and submit comments upon the Corporation’s annual budget request at the time it is transmitted to the Congress.
Officers and employees of the Corporation shall be considered officers and employees of the Federal Government for purposes of the following provisions of title 5: subchapter I of chapter 81 (relating to compensation for work injuries); chapter 83 (relating to civil service retirement); chapter 87 (relating to life insurance); and chapter 89 (relating to health insurance). The Corporation shall make contributions at the same rates applicable to agencies of the Federal Government under the provisions referred to in this subsection.
The Corporation and its officers and employees shall be subject to the provisions of section 552 of title 5 (relating to freedom of information).
Source credit: (Pub. L. 88–452, title X, § 1005, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 380.)
- 1974Enacted · Pub. L. 88-452 · 88 Stat. 380
A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-452 on 1974-07-25.
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