§17356 — Title 42 The Public Health and Welfare | U.S. Code

Summary

When the Foundation’s CEO asks, an agency head may temporarily assign an agency employee to work at the Foundation if the Foundation pays the agency back. An employee on such an assignment keeps their agency job status, benefits, seniority, and other protections. A career or career‑conditional employee who moves to the Foundation with their agency head’s permission can get their old job (or a job with the same rank, status, and pay) back if they leave the Foundation for any reason except misconduct, neglect of duty, or wrongdoing, and they apply within 90 days after leaving. The agency must rehire them within 30 days of the application and give them at least the basic pay they would have had if they never left. No more than 30 Foundation employees may be hired, paid, or fired without following civil service rules. The Foundation CEO can set pay without using the usual classification or General Schedule rules, but no one can be paid more than the rate for level IV of the Executive Schedule under section 5315. “Agency” means an executive agency under 5 U.S.C. 105. “Detail” means loaning an employee to the Foundation without changing their position.

Title 42, §17356

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)(1)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)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)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)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)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.

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.

§17356 General Personnel Authorities

Summary

Title 42, §17356

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata