5 CFR 752.606

Status: The document is viewable through fallback artifacts while conversion repair continues in the background.

Queue: A repair attempt failed. The document remains flagged for retry and verification. (priority 90 · attempts 1 · next 2026-06-30 08:36:12)

Missing: pdf

Download: Source copy (htm)

This is the html version of the file http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2003/pdf/5cfr772.102.pdf.
G o o g l e automatically generates html versions of documents as we crawl the web.
To link to or bookmark this page, use the following url: http://www.google.com/search?q=cache:2_tCa8uAzAEJ:a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2003/pdf/5cfr772.102.pdf+5+USC+1302&hl=en&ct=clnk&cd=5&gl=us
Google is neither affiliated with the authors of this page nor responsible for its content.
These search terms have been highlighted: 
5 
usc 
1302 




Page 1
66
5 CFR Ch. I (1–1–03 Edition) 
§ 752.605
notice of decision shall inform the ap-
pointee of his or her appeal rights. 
(g) Hearing. Under 5 U.S.C. 7543(c), 
the agency may, in its regulations, pro-
vide a hearing in place of or in addition 
to the opportunity for written and oral 
reply.
§752.605 Appeal rights. 
(a) Under 5 U.S.C. 7543(d), a career ap-
pointee against whom an action is 
taken under this subpart is entitled to 
appeal to the Merit Systems Protec-
tion Board. 
(b) A limited term or limited emer-
gency appointee who is covered under 
§752.601(c)(2) also may appeal an action 
taken under this subpart to the Merit 
Systems Protection Board.
§752.606 Agency records. 
The agency shall maintain copies of 
the adverse action record items speci-
fied in 5 U.S.C. 7543(e) and furnish them 
upon request as required by that sub-
section.
PART 754 [RESERVED]
PART 771—AGENCY ADMINISTRA-
TIVE GRIEVANCE SYSTEM
A
UTHORITY
: 5 U.S.C. 1302, 3301, 3302, 7301; 
E.O. 9830, 3 CFR 1945–1948 Comp., pp. 606–624; 
E.O. 11222, 3 CFR 1964–1969 Comp., p. 306.
§771.101 Continuation of Grievance 
Systems. 
Each administrative grievance sys-
tem in operation as of October 11, 1995, 
that has been established under former 
regulations under this part must re-
main in effect until the system is ei-
ther modified by the agency or re-
placed with another dispute resolution 
process. 
[60 FR 47040, Sept. 11, 1995]
PART 772—INTERIM RELIEF
Subpart A—General
Sec.
772.101 Basic authority. 
772.102 Interim personnel actions.
A
UTHORITY
: 5 U.S.C. 1302, 3301, 3302, and 
7301; Pub. L. 101–12.
S
OURCE
: 57 FR 3712, Jan. 31, 1992, unless 
otherwise noted.
Subpart A—General
§772.101 Basic authority. 
This part establishes a mechanism 
for agencies to provide interim relief to 
employees and applicants for employ-
ment who prevail in an initial decision 
issued by the Merit Systems Protec-
tion Board (MSPB) as required by the 
Whistleblower Protection Act of 1989, 
Pub. L. 101–12 (codified at 5 U.S.C. 
7701(b)(2)(A)). The interim relief provi-
sions of the law are applicable whether 
or not alleged reprisal for whistle-
blowing is at issue in an appeal to 
MSPB.
§772.102 Interim personnel actions. 
When an employee or applicant for 
employment appeals an action to 
MSPB and the appeal results in an ini-
tial decision by an MSPB administra-
tive judge granting interim relief 
under 5 U.S.C. 7701(b)(2)(A) and a peti-
tion for review of the initial decision is 
filed (or will be filed) with the full 
Board under 5 U.S.C. 7701(e)(1)(A), the 
agency shall provide the relief ordered 
in the initial decision by taking an in-
terim personnel action subject to the 
following terms: 
(a) Interim personnel actions shall be 
made effective upon the date of 
issuance of the initial decision and 
must be initiated on or before the date 
of a petition for review by the agency 
or within a reasonable period after the 
date it becomes aware of a petition for 
review by the appellant; 
(b) The relief provided by interim 
personnel actions shall end: 
(1) When the full Board issues a final 
decision on a petition for review filed 
by an applicant for employment, em-
ployee, and/or agency under 5 U.S.C. 
7701(e)(1)(A), 
(2) When the initial decision becomes 
final pursuant to an action of the full 
Board or pursuant to a decision by an 
applicant for employment, employee, 
and/or agency to withdraw (or change 
intentions to file) any petition for re-
view filed under 5 U.S.C. 7701(e)(1)(A), 
or 
(3) When the applicant for employ-
ment or employee requests or reaches 
VerDate Dec<13>2002 09:49 Feb 11, 2003 Jkt 200008 PO 00000 Frm 00066 Fmt 8010 Sfmt 8010 Y:\SGML\200008T.XXX
200008T

Page 2
67
Office of Personnel Management
Pt. 792
agreement with the agency that the in-
terim relief ordered in the initial deci-
sion be cancelled; 
(c) Interim relief shall entitle the ap-
plicant for employment or employee to 
the same compensation and benefits he 
or she would receive if the relief ef-
fected had not been on an interim basis 
except as provided in paragraph (f) of 
this section; 
(d) An interim personnel action shall 
not be taken if the MSPB administra-
tive judge, pursuant to 5 U.S.C. 
7701(b)(2)(A)(i), determines that grant-
ing interim relief is not appropriate; 
(e) An interim personnel action under 
this part shall not entitle the applicant 
for employment or employee to an 
award of back pay or attorney fees. 
[57 FR 3712, Jan. 31, 1992, as amended at 59 
FR 36353, July 18, 1994; 59 FR 65704, Dec. 21, 
1994]
PART 792—FEDERAL EMPLOYEES’ 
HEALTH AND COUNSELING PRO-
GRAMS
Subpart A—Regulatory Requirements for 
Alcoholism and Drug Abuse Programs 
and Services for Federal Civilian Em-
ployees
Sec.
792.101 Statutory requirements. 
792.102 General. 
792.103 Coverage. 
792.104 Responsibilities of the Office of Per-
sonnel Management. 
792.105 Agency responsibilities.
Subpart B—Agency Use of Appropriated 
Funds for Child Care Costs for Lower 
Income Employees—What is the New 
Child Care Legislation and to Whom 
Does It Apply?
792.200 To whom do ‘‘we’’, ‘‘you’’, and their 
variants apply? 
792.201 What does the new law permit? 
792.202 What is the purpose of the new law? 
792.203 Should we notify anyone of our in-
tention to initiate a program and when 
can the obligation be made? 
792.204 Are there sample memoranda and 
other documents available to assist us 
with this process? 
792.205 Are there additional materials nec-
essary for the implementation of this 
process and are there any special report-
ing and oversight requirements related 
to this law? 
792.206 What are the benefits to an agency 
of providing such assistance to its lower 
income employees? 
792.207 Which agency funds can be used for 
the purpose of this law? 
792.208 Are agencies required to participate 
in this program? 
792.209 How can agencies take advantage of 
this new law and when does this law be-
come effective? 
792.210 What is the definition of Executive 
agency? 
792.211 What is the definition of tuition as-
sistance program? 
792.212 What is the definition of civilian em-
ployee? 
792.213 What is the definition of a Federally 
sponsored child care center? 
792.214 What is the definition of contractor? 
792.215 What is the definition of a child? 
792.216 What children are eligible for this 
subsidy? 
792.217 What is a disabled child? 
792.218 Are children enrolled in summer pro-
grams and part-time programs eligible? 
792.219 Are part-time Federal employees eli-
gible? 
792.220 Does the law apply only to on-site 
Federal child care centers that are uti-
lized by Federal families? 
792.221 What is the process for helping lower 
income employees with child care tui-
tion? 
792.222 Are agencies required to negotiate 
with their Federal labor organizations 
about the provisions of this law? 
792.223 Are there any conditions which the 
child care provider must meet in order to 
participate in this program? 
792.224 Is there a statutory cap on the 
amount or the percentage of child care 
tuition that will be subsidized? or to an 
organization that administers our pro-
gram prior to the time the employee re-
ceiving tuition assistance has enrolled 
his or her child in the child care center 
or family child care home? 
792.225 What is the definition of a lower in-
come Federal employee and how is the 
amount of the tuition assistance subsidy 
determined? 
792.226 Who determines if a Federal em-
ployee qualifies as a lower income em-
ployee and how is the program adminis-
tered? 
792.227 Are child care subsidies paid to the 
Federal employee using the child care? 
792.228 May we disburse funds to a child 
care provider 
792.229 How will the disbursement covered 
by § 792.227 work where there is a Feder-
ally sponsored child care center in a 
multi-tenant building? 
792.230 For how long will the tuition assist-
ance be in effect for a Federal employee? 
VerDate Dec<13>2002 09:49 Feb 11, 2003 Jkt 200008 PO 00000 Frm 00067 Fmt 8010 Sfmt 8010 Y:\SGML\200008T.XXX
200008T