Page:United States Statutes at Large Volume 124.djvu/2073

 124 STAT. 2047 PUBLIC LAW 111–203—JULY 21, 2010 (c) TRANSFER OF FUNCTION.— (1) IN GENERAL.—Notwithstanding any other provision of law, the transfer of employees shall be deemed a transfer of functions for the purpose of section 3503 of title 5, United States Code. (2) PRIORITY OF THIS TITLE.—If any provisions of this title conflict with any protection provided to transferred employees under section 3503 of title 5, United States Code, the provisions of this title shall control. (d) EQUAL STATUS AND TENURE POSITIONS.— (1) EMPLOYEES TRANSFERRED FROM THE FEDERAL RESERVE SYSTEM, FDIC, HUD, NCUA, OCC, AND OTS.—Each employee trans- ferred to the Bureau from the Board of Governors, a Federal reserve bank, the Federal Deposit Insurance Corporation, the Department of Housing and Urban Development, the National Credit Union Administration, the Office of the Comptroller of the Currency, or the Office of Thrift Supervision shall be placed in a position at the Bureau with the same status and tenure as that employee held on the day before the designated transfer date. (2) EMPLOYEES TRANSFERRED FROM THE FEDERAL RESERVE SYSTEM.—For purposes of determining the status and position placement of a transferred employee, any period of service with the Board of Governors or a Federal reserve bank shall be credited as a period of service with a Federal agency. (e) ADDITIONAL CERTIFICATION REQUIREMENTS LIMITED.— Examiners transferred to the Bureau are not subject to any addi- tional certification requirements before being placed in a comparable examiner position at the Bureau examining the same types of institutions as they examined before they were transferred. (f) PERSONNEL ACTIONS LIMITED.— (1) 2-YEAR PROTECTION.—Except as provided in paragraph (2), each transferred employee holding a permanent position on the day before the designated transfer date may not, during the 2-year period beginning on the designated transfer date, be involuntarily separated, or involuntarily reassigned outside his or her locality pay area. (2) EXCEPTIONS.—Paragraph (1) does not limit the right of the Bureau— (A) to separate an employee for cause or for unaccept- able performance; (B) to terminate an appointment to a position excepted from the competitive service because of its confidential policy-making, policy-determining, or policy-advocating character; or (C) to reassign a supervisory employee outside of his or her locality pay area when the Bureau determines that the reassignment is necessary for the efficient operation of the Bureau. (g) PAY.— (1) 2-YEAR PROTECTION.— (A) IN GENERAL.—Except as provided in paragraph (2), each transferred employee shall, during the 2-year period beginning on the designated transfer date, receive pay at a rate equal to not less than the basic rate of pay (including any geographic differential) that the employee received