Sec. 107. Employees, consultants, and other personnel
787 words·~4 min read·
/bill/116/s/3822/is/section-107A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (b), section 108, and section 8E of the Inspector General Act of 1978, the Chief Executive Officer shall, in accordance with applicable provisions of title 5, United States Code, appoint and determine the compensation of such employees as the Chief Executive Officer determines to be necessary to carry out the duties of DemocracyCorps. The Chief Executive Officer may designate positions in DemocracyCorps as positions to which the Chief Executive Officer may make appointments, and for which the Chief Executive Officer may determine compensation, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, to the extent the Chief Executive Officer determines that such a designation is appropriate and desirable to further the effective operation of DemocracyCorps.
The Chief Executive Officer may provide for appointments to such positions to be made on a limited term basis. The Director of the Office of Personnel Management may grant competitive status for appointment to the competitive service, under such conditions as the Director may prescribe, to an employee who is appointed under this subsection and who is separated from DemocracyCorps (other than by removal for cause). The Chief Executive Officer, after obtaining the approval of the Director of the Office of Personnel Management, shall issue regulations establishing a selection and compensation system for employees of DemocracyCorps appointed under paragraph (1).
In issuing such regulations, the Chief Executive Officer shall take into consideration the need for flexibility in such a system. The Chief Executive Officer shall appoint and determine the compensation of employees in accordance with the selection and compensation system established under subparagraph (A). The system established under subparagraph
(A)shall provide for the selection of employees— through a competitive process; and on the basis of the qualifications of applicants and the requirements of the positions. The system established under subparagraph
(A)shall include a scheme for the classification of positions in DemocracyCorps. The system shall require that the compensation of an employee be determined in part on the basis of the job performance of the employee, and in a manner consistent with the principles described in section 5301 of title 5, United States Code. The rate of compensation for each employee compensated under the system shall not exceed the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. The Chief Executive Officer may procure the temporary and intermittent services of experts and consultants and compensate the experts and consultants in accordance with section 3109(b) of title 5, United States Code. The head of any Federal department or agency may detail on a reimbursable basis, or on a nonreimbursable basis for not to exceed 180 calendar days during any fiscal year, as agreed upon by the Chief Executive Officer and the head of the Federal agency, any of the personnel of that department or agency to DemocracyCorps to assist the DemocracyCorps in carrying out the duties of DemocracyCorps under this title. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. The Chief Executive Officer, acting upon the recommendation of the Board, may establish advisory committees in DemocracyCorps to advise the Board with respect to the allocation members to States in accordance with section 108(d)(1). Such an advisory committee shall be composed of members appointed by the Chief Executive Officer, with such qualifications as the Chief Executive Officer may specify. Members of such an advisory committee may be allowed travel expenses as described in section 103(d). Except as provided in subparagraph (B), the Chief Executive Officer is authorized to appoint and fix the compensation of such staff as the Chief Executive Officer determines to be necessary to carry out the functions of the advisory committee, without regard to— the provisions of title 5, United States Code, governing appointments in the competitive service; and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. If a member of the staff appointed under subparagraph
(A)was appointed without regard to the provisions described in clauses
(i)and
(ii)of subparagraph (A), the rate of compensation for such member may not exceed the maximum rate of basic pay payable for GS–13 of the General Schedule under section 5332 of title 5, United States Code. DemocracyCorps may enter into personal services contracts to carry out research, evaluation, and public awareness related to the provisions of this title and the laws described in section 108(c)(4).