42 U.S.C. § 8104 — Officers and employees
submitted 48 years ago by Pub. L. 95-557 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 350 words · no verdicts yet
This corporation's board can hire and set pay for its officers, employees, and lawyers without following normal federal civil-service rules, though top pay is capped near Executive Schedule levels. The board appoints an executive director to run daily operations and hire staff. Hiring can't be based on political tests, and the corporation's workers aren't federal employees.
(a) The board can select, hire, and set the salary and benefits of officers, employees, lawyers, and agents needed to do its work, without following the usual federal rules on hiring, job classification, or General Schedule pay. But no officer, employee, lawyer, or agent can be paid more than the rate for Executive Schedule Level IV, except that officers the board itself appoints can be paid up to Executive Schedule Level II. The corporation must also follow certain federal pay-limit rules (title 5, section 5307(a)(1), (b)(1) and (b)(2)) as if its employees were federal employees receiving those payments.
(b) The corporation's directors must appoint an executive director*, who serves as the corporation's chief executive officer.
(c) With the board's approval, the executive director may hire and fire the corporation's employees as needed to carry out the corporation's purposes.
(d) No political test or political qualification can be used in hiring, appointing, promoting, or any other personnel decision about an officer, agent, or employee of the corporation or of anyone receiving its money, nor in choosing or overseeing any grantee, contractor, or other recipient of the corporation's financial assistance.
(e) The corporation's officers and employees are not considered officers or employees of the United States, and the corporation itself is not a federal department, agency, or instrumentality. Even so, the corporation must follow administrative and cost standards set by the Office of Management and Budget, similar to the standards applied to nonprofit grantees and educational institutions.
The board shall have power to select, employ, and fix the salary and benefits of such officers, employees, attorneys, and agents as shall be necessary for the performance of its duties under this subchapter, without regard to the provisions of title 5 governing appointments in the competitive service, classification, and General Schedule pay rates, except that no officer, employee, attorney, or agent of the corporation may be paid salary at a rate in excess of the rate for level IV of the Executive Schedule, except that the board-appointed officers may be paid salary at a rate not to exceed level II of the Executive Schedule. The Corporation shall also apply the provisions of section 5307(a)(1), (b)(1) and (b)(2) of title 5 governing limitations on certain pay as if its employees were Federal employees receiving payments under title 5.
The directors of the corporation shall appoint an executive director who shall serve as chief executive officer of the corporation.
The executive director of the corporation, subject to approval 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.
Officers and employees of the corporation shall not be considered officers or employees of the United States, and the corporation shall not be considered a department, agency, or instrumentality of the Federal Government. The corporation shall be subject to administrative and cost standards issued by the Office of Management and Budget similar to standards applicable to non-profit grantees and educational institutions.
Source credit: (Pub. L. 95–557, title VI, § 605, Oct. 31, 1978, 92 Stat. 2116; Pub. L. 108–199, div. G, title III,[(1), (2)], Jan. 23, 2004, 118 Stat. 413; Pub. L. 111–117, div. A, title III, Dec. 16, 2009, 123 Stat. 3108.)
- 1978Enacted · Pub. L. 95-557 · 92 Stat. 2116
- 2004Amended · Pub. L. 108-199 · 118 Stat. 413
- 2009Amended · Pub. L. 111-117 · 123 Stat. 3108
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-557 on 1978-10-31.
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