2 U.S.C. § 4335: Employment of civilian…

Summary

If a federal civilian leaves an executive-branch job to work for the Senate Committee on Appropriations, the committee hires and pays them and they answer only to the committee. When that committee job ends (unless they were fired for cause), the person can apply to the Director of the Office of Personnel Management within 30 days to get a federal job back. They must be placed in an open position like the one they left or like the job they would have had, as decided by OPM, with the same seniority, status, and pay they would have kept. The rule does not require returning someone after the original appointment they left would have expired.

Title 2, §4335

The Congress, Source: USLM XML via OLRC

Whenever any person has left or leaves any civilian position in any department or agency in the executive branch of the Government in order to accept employment by the Senate Committee on Appropriations, he shall be carried on the rolls of such committee and shall be solely employed by such committee, and responsible only to it; but he shall be entitled upon making application to the Director of the Office of Personnel Management within thirty days after the termination of his employment by such committee (unless such employment is terminated for cause) to be restored to a position in the same or any other department or agency where an opening exists, comparable to the position which, according to the records of the department or agency which he left to accept employment by the Senate Committee on Appropriations or in the judgment of the Director of the Office of Personnel Management, such person would be occupying if he had remained in the employ of such department or agency during the time he was employed by such committee; and such person shall be restored to such position with the same seniority, status, and pay as if he had remained in the employ of the department or agency which he left, during such time. This section shall not be construed to require any person to be restored to a position in any department or agency after the expiration of the time for which he was appointed to the position which he left to accept employment by such committee.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 67a of this title prior to editorial reclassification and renumbering as this section.

Amendments

1946—Act July 1, 1946, reenacted section without change.

Executive Documents

Transfer of Functions

“Director of the Office of Personnel Management” substituted in text for “Civil Service Commission” pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in United States Civil Service Commission and Chairman thereof to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

§4335 Employment of Civilian Employees of Executive Branch of Government by Senate Committee on Appropriations; Restoration to Former Position