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

FEDERAL · 42 U.S.C. · Chapter 152

General personnel authorities

Current through Pub. L. 119-102

Title 42 — The Public Health and Welfare·Ch. 152 — ENERGY INDEPENDENCE AND SECURITY·Subch. VIII·Pt. B

(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

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(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.

42 U.S.C. § 17356 (General personnel authorities) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

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

Editorial Notes

Statutory Notes and Related Subsidiaries

Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.