05 USC 7115. Allotments to representatives
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) If an agency has received from an employee in an appropriate unit
a written assignment which authorizes the agency to deduct from the pay
of the employee amounts for the payment of regular and periodic dues of
the exclusive representative of the unit, the agency shall honor the
assignment and make an appropriate allotment pursuant to the assignment.
Any such allotment shall be made at no cost to the exclusive
representative or the employee. Except as provided under subsection (b)
of this section, any such assignment may not be revoked for a period of
1 year.
(b) An allotment under subsection (a) of this section for the
deduction of dues with respect to any employee shall terminate when --
(1) the agreement between the agency and the exclusive representative
involved ceases to be applicable to the employee; or
(2) the employee is suspended or expelled from membership in the
exclusive representative.
(c)(1) Subject to paragraph (2) of this subsection, if a petition has
been filed with the Authority by a labor organization alleging that 10
percent of the employees in an appropriate unit in an agency have
membership in the labor organization, the Authority shall investigate
the petition to determine its validity. Upon certification by the
Authority of the validity of the petition, the agency shall have a duty
to negotiate with the labor organization solely concerning the deduction
of dues of the labor organization from the pay of the members of the
labor organization who are employees in the unit and who make a
voluntary allotment for such purpose.
(2)(A) The provisions of paragraph (1) of this subsection shall not
apply in the case of any appropriate unit for which there is an
exclusive representative.
(B) Any agreement under paragraph (1) of this subsection between a
labor organization and an agency with respect to an appropriate unit
shall be null and void upon the certification of an exclusive
representative of the unit.
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat.
1203.)
05 USC 7116. Unfair labor practices
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For the purpose of this chapter, it shall be an unfair labor
practice for an agency --
(1) to interfere with, restrain, or coerce any employee in the
exercise by the employee of any right under this chapter;
(2) to encourage or discourage membership in any labor organization
by discrimination in connection with hiring, tenure, promotion, or other
conditions of employment;
(3) to sponsor, control, or otherwise assist any labor organization,
other than to furnish, upon request, customary and routine services and
facilities if the services and facilities are also furnished on an
impartial basis to other labor organizations having equivalent status;
(4) to discipline or otherwise discriminate against an employee
because the employee has filed a complaint, affidavit, or petition, or
has given any information or testimony under this chapter;
(5) to refuse to consult or negotiate in good faith with a labor
organization as required by this chapter;
(6) to fail or refuse to cooperate in impasse procedures and impasse
decisions as required by this chapter;
(7) to enforce any rule or regulation (other than a rule or
regulation implementing section 2302 of this title) which is in conflict
with any applicable collective bargaining agreement if the agreement was
in effect before the date the rule or regulation was prescribed; or
(8) to otherwise fail or refuse to comply with any provision of this
chapter.
(b) For the purpose of this chapter, it shall be an unfair labor
practice for a labor organization --
(1) to interfere with, restrain, or coerce any employee in the
exercise by the employee of any right under this chapter;
(2) to cause or attempt to cause an agency to discriminate against
any employee in the exercise by the employee of any right under this
chapter;
(3) to coerce, discipline, fine, or attempt to coerce a member of the
labor organization as punishment, reprisal, or for the purpose of
hindering or impeding the member's work performance or productivity as
an employee or the discharge of the member's duties as an employee;
(4) to discriminate against an employee with regard to the terms or
conditions of membership in the labor organization on the basis of race,
color, creed, national origin, sex, age, preferential or nonpreferential
civil service status, political affiliation, marital status, or
handicapping condition;
(5) to refuse to consult or negotiate in good faith with an agency as
required by this chapter;
(6) to fail or refuse to cooperate in impasse procedures and impasse
decisions as required by this chapter;
(7)(A) to call, or participate in, a strike, work stoppage, or
slowdown, or picketing of an agency in a labor-management dispute if
such picketing interferes with an agency's operations, or
(B) to condone any activity described in subparagraph (A) of this
paragraph by failing to take action to prevent or stop such activity;
or
(8) to otherwise fail or refuse to comply with any provision of this
chapter.
Nothing in paragraph (7) of this subsection shall result in any
informational picketing which does not interfere with an agency's
operations being considered as an unfair labor practice.
(c) For the purpose of this chapter it shall be an unfair labor
practice for an exclusive representative to deny membership to any
employee in the appropriate unit represented by such exclusive
representative except for failure --
(1) to meet reasonable occupational standards uniformly required for
admission, or
(2) to tender dues uniformly required as a condition of acquiring and
retaining membership.
This subsection does not preclude any labor organization from
enforcing discipline in accordance with procedures under its
constitution or bylaws to the extent consistent with the provisions of
this chapter.
(d) Issues which can properly be raised under an appeals procedure
may not be raised as unfair labor practices prohibited under this
section. Except for matters wherein, under section 7121(e) and (f) of
this title, an employee has an option of using the negotiated grievance
procedure or an appeals procedure, issues which can be raised under a
grievance procedure may, in the discretion of the aggrieved party, be
raised under the grievance procedure or as an unfair labor practice
under this section, but not under both procedures.
(e) The expression of any personal view, argument, opinion or the
making of any statement which --
(1) publicizes the fact of a representational election and encourages
employees to exercise their right to vote in such election,
(2) corrects the record with respect to any false or misleading
statement made by any person, or
(3) informs employees of the Government's policy relating to
labor-management relations and representation,
shall not, if the expression contains no threat of reprisal or force
or promise of benefit or was not made under coercive conditions, (A)
constitute an unfair labor practice under any provision of this chapter,
or (B) constitute grounds for the setting aside of any election
conducted under any provisions of this chapter.
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat.
1204.)
Subsec. (a)(5) of this section suspended with respect to any matter
proposed for bargaining which would substantially impair the
implementation by the United States Forces, and subsec. (a)(7) of this
section suspended with regard to any regulation governing the
implementation by the United States Forces, of any treaty or agreement,
including any minutes or understandings thereto, between the United
States and the Government of the host nation, see section 1(b), (c) of
Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note
under section 7103 of this title.
05 USC 7117. Duty to bargain in good faith; compelling need; duty to
consult
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a)(1) Subject to paragraph (2) of this subsection, the duty to
bargain in good faith shall, to the extent not inconsistent with any
Federal law or any Government-wide rule or regulation, extend to matters
which are the subject of any rule or regulation only if the rule or
regulation is not a Government-wide rule or regulation.
(2) The duty to bargain in good faith shall, to the extent not
inconsistent with Federal law or any Government-wide rule or regulation,
extend to matters which are the subject of any agency rule or regulation
referred to in paragraph (3) of this subsection only if the Authority
has determined under subsection (b) of this section that no compelling
need (as determined under regulations prescribed by the Authority)
exists for the rule or regulation.
(3) Paragraph (2) of the subsection applies to any rule or regulation
issued by any agency or issued by any primary national subdivision of
such agency, unless an exclusive representative represents an
appropriate unit including not less than a majority of the employees in
the issuing agency or primary national subdivision, as the case may be,
to whom the rule or regulation is applicable.
(b)(1) In any case of collective bargaining in which an exclusive
representative alleges that no compelling need exists for any rule or
regulation referred to in subsection (a)(3) of this section which is
then in effect and which governs any matter at issue in such collective
bargaining, the Authority shall determine under paragraph (2) of this
subsection, in accordance with regulations prescribed by the Authority,
whether such a compelling need exists.
(2) For the purpose of this section, a compelling need shall be
determined not to exist for any rule or regulation only if --
(A) the agency, or primary national subdivision, as the case may be,
which issued the rule or regulation informs the Authority in writing
that a compelling need for the rule or regulation does not exist; or
(B) the Authority determines that a compelling need for a rule or
regulation does not exist.
(3) A hearing may be held, in the discretion of the Authority, before
a determination is made under this subsection. If a hearing is held, it
shall be expedited to the extent practicable and shall not include the
General Counsel as a party.
(4) The agency, or primary national subdivision, as the case may be,
which issued the rule or regulation shall be a necessary party at any
hearing under this subsection.
(c)(1) Except in any case to which subsection (b) of this section
applies, if an agency involved in collective bargaining with an
exclusive representative alleges that the duty to bargain in good faith
does not extend to any matter, the exclusive representative may appeal
the allegation to the Authority in accordance with the provisions of
this subsection.
(2) The exclusive representative may, on or before the 15th day after
the date on which the agency first makes the allegation referred to in
paragraph (1) of this subsection, institute an appeal under this
subsection by --
(A) filing a petition with the Authority; and
(B) furnishing a copy of the petition to the head of the agency.
(3) On or before the 30th day after the date of the receipt by the
head of the agency of the copy of the petition under paragraph (2)(B) of
this subsection, the agency shall --
(A) file with the Authority a statement --
(i) withdrawing the allegation; or
(ii) setting forth in full its reasons supporting the allegation;
and
(B) furnish a copy of such statement to the exclusive representative.
(4) On or before the 15th day after the date of the receipt by the
exclusive representative of a copy of a statement under paragraph (3)(
B) of this subsection, the exclusive representative shall file with the
Authority its response to the statement.
(5) A hearing may be held in the discretion of the Authority, before
a determination is made under this subsection. If a hearing is held, it
shall not include the General Counsel as a party.
(6) The Authority shall expedite proceedings under this subsection to
the extent practicable and shall issue to the exclusive representative
and to the agency a written decision on the allegation and specific
reasons therefore at the earliest practicable date.
(d)(1) A labor organization which is the exclusive representative of
a substantial number of employees, determined in accordance with
criteria prescribed by the Authority, shall be granted consultation
rights by any agency with respect to any Government-wide rule or
regulation issued by the agency effecting any substantive change in any
condition of employment. Such consultation rights shall terminate when
the labor organization no longer meets the criteria prescribed by the
Authority. Any issue relating to a labor organization's eligibility
for, or continuation of, such consultation rights shall be subject to
determination by the Authority.
(2) A labor organization having consultation rights under paragraph
(1) of this subsection shall --
(A) be informed of any substantive change in conditions of employment
proposed by the agency, and
(B) shall be permitted reasonable time to present its views and
recommendations regarding the changes.
(3) If any views or recommendations are presented under paragraph (2)
of this subsection to an agency by any labor organization --
(A) the agency shall consider the views or recommendations before
taking final action on any matter with respect to which the views or
recommendations are presented; and
(B) the agency shall provide the labor organization a written
statement of the reasons for taking the final action.
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat.
1205.)
Subsec. (b) of this section suspended with regard to any regulation
governing the implementation by the United States Forces, and subsec.
(c) of this section suspended with respect to any matter proposed for
bargaining which would substantially impair the implementation by the
United States Forces, of any treaty or agreement, including any minutes
or understandings thereto, between the United States and the Government
of the host nation, see section 1(b), (c) of Ex. Ord. No. 12391, Nov.
4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this
title.
05 USC 7118. Prevention of unfair labor practices
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a)(1) If any agency or labor organization is charged by any person
with having engaged in or engaging in an unfair labor practice, the
General Counsel shall investigate the charge and may issue and cause to
be served upon the agency or labor organization a complaint. In any case
in which the General Counsel does not issue a complaint because the
charge fails to state an unfair labor practice, the General Counsel
shall provide the person making the charge a written statement of the
reasons for not issuing a complaint.
(2) Any complaint under paragraph (1) of this subsection shall
contain a notice --
(A) of the charge;
(B) that a hearing will be held before the Authority (or any member
thereof or before an individual employed by the authority and designated
for such purpose); and
(C) of the time and place fixed for the hearing.
(3) The labor organization or agency involved shall have the right to
file an answer to the original and any amended complaint and to appear
in person or otherwise and give testimony at the time and place fixed in
the complaint for the hearing.
(4)(A) Except as provided in subparagraph (B) of this paragraph, no
complaint shall be issued based on any alleged unfair labor practice
which occurred more than 6 months before the filing of the charge with
the Authority.
(B) If the General Counsel determines that the person filing any
charge was prevented from filing the charge during the 6-month period
referred to in subparagraph (A) of this paragraph by reason of --
(i) any failure of the agency or labor organization against which the
charge is made to perform a duty owed to the person, or
(ii) any concealment which prevented discovery of the alleged unfair
labor practice during the 6-month period,
the General Counsel may issue a complaint based on the charge if the
charge was filed during the 6-month period beginning on the day of the
discovery by the person of the alleged unfair labor practice.
(5) The General Counsel may prescribe regulations providing for
informal methods by which the alleged unfair labor practice may be
resolved prior to the issuance of a complaint.
(6) The Authority (or any member thereof or any individual employed
by the Authority and designated for such purpose) shall conduct a
hearing on the complaint not earlier than 5 days after the date on which
the complaint is served. In the discretion of the individual or
individuals conducting the hearing, any person involved may be allowed
to intervene in the hearing and to present testimony. Any such hearing
shall, to the extent practicable, be conducted in accordance with the
provisions of subchapter II of chapter 5 of this title, except that the
parties shall not be bound by rules of evidence, whether statutory,
common law, or adopted by a court. A transcript shall be kept of the
hearing. After such a hearing the Authority, in its discretion, may
upon notice receive further evidence or hear argument.
(7) If the Authority (or any member thereof or any individual
employed by the Authority and designated for such purpose) determines
after any hearing on a complaint under paragraph (5) of this subsection
that the preponderance of the evidence received demonstrates that the
agency or labor organization named in the complaint has engaged in or is
engaging in an unfair labor practice, then the individual or individuals
conducting the hearing shall state in writing their findings of fact and
shall issue and cause to be served on the agency or labor organization
an order --
(A) to cease and desist from any such unfair labor practice in which
the agency or labor organization is engaged;
(B) requiring the parties to renegotiate a collective bargaining
agreement in accordance with the order of the Authority and requiring
that the agreement, as amended, be given retroactive effect;
(C) requiring reinstatement of an employee with backpay in accordance
with section 5596 of this title; or
(D) including any combination of the actions described in
subparagraphs (A) through (C) of this paragraph or such other action as
will carry out the purpose of this chapter.
If any such order requires reinstatement of an employee with backpay,
backpay may be required of the agency (as provided in section 5596 of
this title) or of the labor organization, as the case may be, which is
found to have engaged in the unfair labor practice involved.
(8) If the individual or individuals conducting the hearing determine
that the preponderance of the evidence received fails to demonstrate
that the agency or labor organization named in the complaint has engaged
in or is engaging in an unfair labor practice, the individual or
individuals shall state in writing their findings of fact and shall
issue an order dismissing the complaint.
(b) In connection with any matter before the Authority in any
proceeding under this section, the Authority may request, in accordance
with the provisions of section 7105(i) of this title, from the Director
of the Office of Personnel Management an advisory opinion concerning the
proper interpretation of rules, regulations, or other policy directives
issued by the Office of Personnel Management.
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat.
1207.)
05 USC 7119. Negotiation impasses; Federal Service Impasses Panel
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Federal Mediation and Conciliation Service shall provide
services and assistance to agencies and exclusive representatives in the
resolution of negotiation impasses. The Service shall determine under
what circumstances and in what manner it shall provide services and
assistance.
(b) If voluntary arrangements, including the services of the Federal
Mediation and Conciliation Service or any other third-party mediation,
fail to resolve a negotiation impasse --
(1) either party may request the Federal Service Impasses Panel to
consider the matter, or
(2) the parties may agree to adopt a procedure for binding
arbitration of the negotiation impasse, but only if the procedure is
approved by the Panel.
(c)(1) The Federal Service Impasses Panel is an entity within the
Authority, the function of which is to provide assistance in resolving
negotiation impasses between agencies and exclusive representatives.
(2) The Panel shall be composed of a Chairman and at least six other
members, who shall be appointed by the President, solely on the basis of
fitness to perform the duties and functions involved, from among
individuals who are familiar with Government operations and
knowledgeable in labor-management relations.
(3) Of the original members of the Panel, 2 members shall be
appointed for a term of 1 year, 2 members shall be appointed for a term
of 3 years, and the Chairman and the remaining members shall be
appointed for a term of 5 years. Thereafter each member shall be
appointed for a term of 5 years, except that an individual chosen to
fill a vacancy shall be appointed for the unexpired term of the member
replaced. Any member of the Panel may be removed by the President.
(4) The Panel may appoint an Executive Director and any other
individuals it may from time to time find necessary for the proper
performance of its duties. Each member of the Panel who is not an
employee (as defined in section 2105 of this title) is entitled to pay
at a rate equal to the daily equivalent of the maximum annual rate of
basic pay then currently paid under the General Schedule for each day he
is engaged in the performance of official business of the Panel,
including travel time, and is entitled to travel expenses as provided
under section 5703 of this title.
(5)(A) The Panel or its designee shall promptly investigate any
impasse presented to it under subsection (b) of this section. The Panel
shall consider the impasse and shall either --
(i) recommend to the parties procedures for the resolution of the
impasse; or
(ii) assist the parties in resolving the impasse through whatever
methods and procedures, including factfinding and recommendations, it
may consider appropriate to accomplish the purpose of this section.
(B) If the parties do not arrive at a settlement after assistance by
the Panel under subparagraph (A) of this paragraph, the Panel may --
(i) hold hearings;
(ii) administer oaths, take the testimony or deposition of any person
under oath, and issue subpenas as provided in section 7132 of this
title; and
(iii) take whatever action is necessary and not inconsistent with
this chapter to resolve the impasse.
(C) Notice of any final action of the Panel under this section shall
be promptly served upon the parties, and the action shall be binding on
such parties during the term of the agreement, unless the parties agree
otherwise.
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat.
1208.)
The General Schedule, referred to in subsec. (c)(4), is set out
under section 5332 of this title.
05 USC 7120. Standards of conduct for labor organizations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An agency shall only accord recognition to a labor organization
that is free from corrupt influences and influences opposed to basic
democratic principles. Except as provided in subsection (b) of this
section, an organization is not required to prove that it is free from
such influences if it is subject to governing requirements adopted by
the organization or by a national or international labor organization or
federation of labor organizations with which it is affiliated, or in
which it participates, containing explicit and detailed provisions to
which it subscribes calling for --
(1) the maintenance of democratic procedures and practices including
provisions for periodic elections to be conducted subject to recognized
safeguards and provisions defining and securing the right of individual
members to participate in the affairs of the organization, to receive
fair and equal treatment under the governing rules of the organization,
and to receive fair process in disciplinary proceedings;
(2) the exclusion from office in the organization of persons
affiliated with communist or other totalitarian movements and persons
identified with corrupt influences;
(3) the prohibition of business or financial interests on the part of
organization officers and agents which conflict with their duty to the
organization and its members; and
(4) the maintenance of fiscal integrity in the conduct of the affairs
of the organization, including provisions for accounting and financial
controls and regular financial reports or summaries to be made available
to members.
(b) Notwithstanding the fact that a labor organization has adopted or
subscribed to standards of conduct as provided in subsection (a) of this
section, the organization is required to furnish evidence of its freedom
from corrupt influences or influences opposed to basic democratic
principles if there is reasonable cause to believe that --
(1) the organization has been suspended or expelled from, or is
subject to other sanction, by a parent labor organization, or federation
of organizations with which it had been affiliated, because it has
demonstrated an unwillingness or inability to comply with governing
requirements comparable in purpose to those required by subsection (a)
of this section; or
(2) the organization is in fact subject to influences that would
preclude recognition under this chapter.
(c) A labor organization which has or seeks recognition as a
representative of employees under this chapter shall file financial and
other reports with the Assistant Secretary of Labor for Labor Management
Relations, provide for bonding of officials and employees of the
organization, and comply with trusteeship and election standards.
(d) The Assistant Secretary shall prescribe such regulations as are
necessary to carry out the purposes of this section. Such regulations
shall conform generally to the principles applied to labor organizations
in the private sector. Complaints of violations of this section shall
be filed with the Assistant Secretary. In any matter arising under this
section, the Assistant Secretary may require a labor organization to
cease and desist from violations of this section and require it to take
such actions as he considers appropriate to carry out the policies of
this section.
(e) This chapter does not authorize participation in the management
of a labor organization or acting as a representative of a labor
organization by a management official, a supervisor, or a confidential
employee, except as specifically provided in this chapter, or by an
employee if the participation or activity would result in a conflict or
apparent conflict of interest or would otherwise be incompatible with
law or with the official duties of the employee.
(f) In the case of any labor organization which by omission or
commission has willfully and intentionally, with regard to any strike,
work stoppage, or slowdown, violated section 7116(b)(7) of this title,
the Authority shall, upon an appropriate finding by the Authority of
such violation --
(1) revoke the exclusive recognition status of the labor
organization, which shall then immediately cease to be legally entitled
and obligated to represent employees in the unit; or
(2) take any other appropriate disciplinary action.
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat.
1210.)
05 USC SUBCHAPTER III -- GRIEVANCES, APPEALS, AND REVIEW
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
1979 -- Pub. L. 96-54, 2(a)(42), Aug. 14, 1979, 93 Stat. 383,
inserted '', APPEALS, AND REVIEW'' after ''GRIEVANCES''.
05 USC 7121. Grievance procedures
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a)(1) Except as provided in paragraph (2) of this subsection, any
collective bargaining agreement shall provide procedures for the
settlement of grievances, including questions of arbitrability. Except
as provided in subsections (d) and (e) of this section, the procedures
shall be the exclusive procedures for resolving grievances which fall
within its coverage.
(2) Any collective bargaining agreement may exclude any matter from
the application of the grievance procedures which are provided for in
the agreement.
(b) Any negotiated grievance procedure referred to in subsection (a)
of this section shall --
(1) be fair and simple,
(2) provide for expeditious processing, and
(3) include procedures that --
(A) assure an exclusive representative the right, in its own behalf
or on behalf of any employee in the unit represented by the exclusive
representative, to present and process grievances;
(B) assure such an employee the right to present a grievance on the
employee's own behalf, and assure the exclusive representative the right
to be present during the grievance proceeding; and
(C) provide that any grievance not satisfactorily settled under the
negotiated grievance procedure shall be subject to binding arbitration
which may be invoked by either the exclusive representative or the
agency.
(c) The preceding subsections of this section shall not apply with
respect to any grievance concerning --
(1) any claimed violation of subchapter III of chapter 73 of this
title (relating to prohibited political activities);
(2) retirement, life insurance, or health insurance;
(3) a suspension or removal under section 7532 of this title;
(4) any examination, certification, or appointment; or
(5) the classification of any position which does not result in the
reduction in grade or pay of an employee.
(d) An aggrieved employee affected by a prohibited personnel practice
under section 2302(b)(1) of this title which also falls under the
coverage of the negotiated grievance procedure may raise the matter
under a statutory procedure or the negotiated procedure, but not both.
An employee shall be deemed to have exercised his option under this
subsection to raise the matter under either a statutory procedure or the
negotiated procedure at such time as the employee timely initiates an
action under the applicable statutory procedure or timely files a
grievance in writing, in accordance with the provisions of the parties'
negotiated procedure, whichever event occurs first. Selection of the
negotiated procedure in no manner prejudices the right of an aggrieved
employee to request the Merit Systems Protection Board to review the
final decision pursuant to section 7702 of this title in the case of any
personnel action that could have been appealed to the Board, or, where
applicable, to request the Equal Employment Opportunity Commission to
review a final decision in any other matter involving a complaint of
discrimination of the type prohibited by any law administered by the
Equal Employment Opportunity Commission.
(e)(1) Matters covered under sections 4303 and 7512 of this title
which also fall within the coverage of the negotiated grievance
procedure may, in the discretion of the aggrieved employee, be raised
either under the appellate procedures of section 7701 of this title or
under the negotiated grievance procedure, but not both. Similar matters
which arise under other personnel systems applicable to employees
covered by this chapter may, in the discretion of the aggrieved
employee, be raised either under the appellate procedures, if any,
applicable to those matters, or under the negotiated grievance
procedure, but not both. An employee shall be deemed to have exercised
his option under this subsection to raise a matter either under the
applicable appellate procedures or under the negotiated grievance
procedure at such time as the employee timely files a notice of appeal
under the applicable appellate procedures or timely files a grievance in
writing in accordance with the provisions of the parties' negotiated
grievance procedure, whichever event occurs first.
(2) In matters covered under sections 4303 and 7512 of this title
which have been raised under the negotiated grievance procedure in
accordance with this section, an arbitrator shall be governed by section
7701(c)(1) of this title, as applicable.
(f) In matters covered under sections 4303 and 7512 of this title
which have been raised under the negotiated grievance procedure in
accordance with this section, section 7703 of this title pertaining to
judicial review shall apply to the award of an arbitrator in the same
manner and under the same conditions as if the matter had been decided
by the Board. In matters similar to those covered under sections 4303
and 7512 of this title which arise under other personnel systems and
which an aggrieved employee has raised under the negotiated grievance
procedure, judicial review of an arbitrator's award may be obtained in
the same manner and on the same basis as could be obtained of a final
decision in such matters raised under applicable appellate procedures.
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat.
1211.)
Subsec. (b)(3)(C) of this section suspended with respect to any
grievance involving the implementation by the United States Forces of
any treaty or agreement, including any minutes or understandings
thereto, between the United States and the Government of the host
nation, see section 1(d) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R.
50457, set out as a note under section 7103 of this title.
05 USC 7122. Exceptions to arbitral awards
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Either party to arbitration under this chapter may file with the
Authority an exception to any arbitrator's award pursuant to the
arbitration (other than an award relating to a matter described in
section 7121(f) of this title). If upon review the Authority finds that
the award is deficient --
(1) because it is contrary to any law, rule, or regulation; or
(2) on other grounds similar to those applied by Federal courts in
private sector labor-management relations;
the Authority may take such action and make such recommendations
concerning the award as it considers necessary, consistent with
applicable laws, rules, or regulations.
(b) If no exception to an arbitrator's award is filed under
subsection (a) of this section during the 30-day period beginning on the
date the award is served on the party, the award shall be final and
binding. An agency shall take the actions required by an arbitrator's
final award. The award may include the payment of backpay (as provided
in section 5596 of this title).
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat. 1212,
and amended Pub. L. 98-224, 4, Mar. 2, 1984, 98 Stat. 48.)
1984 -- Subsec. (b). Pub. L. 98-224 amended subsec. (b) generally,
substituting ''beginning on the date the award is served on the party''
for ''beginning on the date of such award''.
05 USC 7123. Judicial review; enforcement
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Any person aggrieved by any final order of the Authority other
than an order under --
(1) section 7122 of this title (involving an award by an arbitrator),
unless the order involves an unfair labor practice under section 7118 of
this title, or
(2) section 7112 of this title (involving an appropriate unit
determination),
may, during the 60-day period beginning on the date on which the
order was issued, institute an action for judicial review of the
Authority's order in the United States court of appeals in the circuit
in which the person resides or transacts business or in the United
States Court of Appeals for the District of Columbia.
(b) The Authority may petition any appropriate United States court of
appeals for the enforcement of any order of the Authority and for
appropriate temporary relief or restraining order.
(c) Upon the filing of a petition under subsection (a) of this
section for judicial review or under subsection (b) of this section for
enforcement, the Authority shall file in the court the record in the
proceedings, as provided in section 2112 of title 28. Upon the filing
of the petition, the court shall cause notice thereof to be served to
the parties involved, and thereupon shall have jurisdiction of the
proceeding and of the question determined therein and may grant any
temporary relief (including a temporary restraining order) it considers
just and proper, and may make and enter a decree affirming and
enforcing, modifying and enforcing as so modified, or setting aside in
whole or in part the order of the Authority. The filing of a petition
under subsection (a) or (b) of this section shall not operate as a stay
of the Authority's order unless the court specifically orders the stay.
Review of the Authority's order shall be on the record in accordance
with section 706 of this title. No objection that has not been urged
before the Authority, or its designee, shall be considered by the court,
unless the failure or neglect to urge the objection is excused because
of extraordinary circumstances. The findings of the Authority with
respect to questions of fact, if supported by substantial evidence on
the record considered as a whole, shall be conclusive. If any person
applies to the court for leave to adduce additional evidence and shows
to the satisfaction of the court that the additional evidence is
material and that there were reasonable grounds for the failure to
adduce the evidence in the hearing before the Authority, or its
designee, the court may order the additional evidence to be taken before
the Authority, or its designee, and to be made a part of the record.
The Authority may modify its findings as to the facts, or make new
findings by reason of additional evidence so taken and filed. The
Authority shall file its modified or new findings, which, with respect
to questions of fact, if supported by substantial evidence on the record
considered as a whole, shall be conclusive. The Authority shall file
its recommendations, if any, for the modification or setting aside of
its original order. Upon the filing of the record with the court, the
jurisdiction of the court shall be exclusive and its judgment and decree
shall be final, except that the judgment and decree shall be subject to
review by the Supreme Court of the United States upon writ of certiorari
or certification as provided in section 1254 of title 28.
(d) The Authority may, upon issuance of a complaint as provided in
section 7118 of this title charging that any person has engaged in or is
engaging in an unfair labor practice, petition any United States
district court within any district in which the unfair labor practice in
question is alleged to have occurred or in which such person resides or
transacts business for appropriate temporary relief (including a
restraining order). Upon the filing of the petition, the court shall
cause notice thereof to be served upon the person, and thereupon shall
have jurisdiction to grant any temporary relief (including a temporary
restraining order) it considers just and proper. A court shall not
grant any temporary relief under this section if it would interfere with
the ability of the agency to carry out its essential functions or if the
Authority fails to establish probable cause that an unfair labor
practice is being committed.
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat.
1213.)
Subsec. (b) of this section suspended with respect to any matter
which substantially impairs the implementation by the United States
Forces of any treaty or agreement, including any minutes or
understandings thereto, between the United States and the Government of
the host nation, see section 1(a) of Ex. Ord. No. 12391, Nov. 4, 1982,
47 F.R. 50457, set out as a note under section 7103 of this title.
38 section 7422.
05 USC SUBCHAPTER IV -- ADMINISTRATIVE AND OTHER PROVISIONS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 7131. Official time
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Any employee representing an exclusive representative in the
negotiation of a collective bargaining agreement under this chapter
shall be authorized official time for such purposes, including
attendance at impasse proceeding, during the time the employee otherwise
would be in a duty status. The number of employees for whom official
time is authorized under this subsection shall not exceed the number of
individuals designated as representing the agency for such purposes.
(b) Any activities performed by any employee relating to the internal
business of a labor organization (including the solicitation of
membership, elections of labor organization officials, and collection of
dues) shall be performed during the time the employee is in a non-duty
status.
(c) Except as provided in subsection (a) of this section, the
Authority shall determine whether any employee participating for, or on
behalf of, a labor organization in any phase of proceedings before the
Authority shall be authorized official time for such purpose during the
time the employee otherwise would be in a duty status.
(d) Except as provided in the preceding subsections of this section
--
(1) any employee representing an exclusive representative, or
(2) in connection with any other matter covered by this chapter, any
employee in an appropriate unit represented by an exclusive
representative,
shall be granted official time in any amount the agency and the
exclusive representative involved agree to be reasonable, necessary, and
in the public interest.
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat.
1214.)
05 USC 7132. Subpenas
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Any member of the Authority, the General Counsel, or the Panel,
any administrative law judge appointed by the Authority under section
3105 of this title, and any employee of the Authority designated by the
Authority may --
(1) issue subpenas requiring the attendance and testimony of
witnesses and the production of documentary or other evidence from any
place in the United States; and
(2) administer oaths, take or order the taking of depositions, order
responses to written interrogatories, examine witnesses, and receive
evidence.
No subpena shall be issued under this section which requires the
disclosure of intramanagement guidance, advice, counsel, or training
within an agency or between an agency and the Office of Personnel
Management.
(b) In the case of contumacy or failure to obey a subpena issued
under subsection (a)(1) of this section, the United States district
court for the judicial district in which the person to whom the subpena
is addressed resides or is served may issue an order requiring such
person to appear at any designated place to testify or to produce
documentary or other evidence. Any failure to obey the order of the
court may be punished by the court as a contempt thereof.
(c) Witnesses (whether appearing voluntarily or under subpena) shall
be paid the same fee and mileage allowances which are paid subpenaed
witnesses in the courts of the United States.
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat.
1214.)
05 USC 7133. Compilation and publication of data
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Authority shall maintain a file of its proceedings and copies
of all available agreements and arbitration decisions, and shall publish
the texts of its decisions and the actions taken by the Panel under
section 7119 of this title.
(b) All files maintained under subsection (a) of this section shall
be open to inspection and reproduction in accordance with the provisions
of sections 552 and 552a of this title.
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat.
1215.)
05 USC 7134. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Authority, the General Counsel, the Federal Mediation and
Conciliation Service, the Assistant Secretary of Labor for Labor
Management Relations, and the Panel shall each prescribe rules and
regulations to carry out the provisions of this chapter applicable to
each of them, respectively. Provisions of subchapter II of chapter 5 of
this title shall be applicable to the issuance, revision, or repeal of
any such rule or regulation.
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat.
1215.)
05 USC 7135. Continuation of existing laws, recognitions, agreements,
and procedures
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Nothing contained in this chapter shall preclude --
(1) the renewal or continuation of an exclusive recognition,
certification of an exclusive representative, or a lawful agreement
between an agency and an exclusive representative of its employees,
which is entered into before the effective date of this chapter; or
(2) the renewal, continuation, or initial according of recognition
for units of management officials or supervisors represented by labor
organizations which historically or traditionally represent management
officials or supervisors in private industry and which hold exclusive
recognition for units of such officials or supervisors in any agency on
the effective date of this chapter.
(b) Policies, regulations, and procedures established under and
decisions issued under Executive Orders 11491, 11616, 11636, 11787, and
11838, or under any other Executive order, as in effect on the effective
date of this chapter, shall remain in full force and effect until
revised or revoked by the President, or unless superseded by specific
provisions of this chapter or by regulations or decisions issued
pursuant to this chapter.
(Added Pub. L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat.
1215.)
For the effective date of this chapter, referred to in text, as 90
days after the date of the enactment of Pub. L. 95-454, which was
approved Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as
an Effective Date of 1978 Amendment note under section 1101 of this
title.
Executive Orders 11491, 11616, 11636, and 11838, referred to in
subsec. (b), are set out as notes under section 7101 of this title.
Executive Order 11787, referred to in subsec. (b), which was set out
as a note under section 7701 of this title, was revoked by Ex. Ord. No.
12553, Feb. 25, 1986, 51 F.R. 7237.
05 USC ( 7151 to 7154. Transferred)
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Section 7151, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523, which
related to antidiscrimination policy of United States with respect to
employment, was redesignated as section 7201 of this title by Pub. L.
95-454, title VII, 703(a)(1), Oct. 13, 1978, 92 Stat. 1216.
Section 7152, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523; Pub.
L. 92-187, 3, Dec. 15, 1971, 85 Stat. 644, which related to
prohibition respecting employment discrimination because of marital
status, was redesignated as section 7202 of this title by Pub. L.
95-454, title VII, 703(a)(1), Oct. 13, 1978, 92 Stat. 1216.
Section 7153, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523, which
related to prohibition respecting employment discrimination because of
physical handicap, was redesignated as section 7203 of this title by
Pub. L. 95-454, title VII, 703(a)(1), Oct. 13, 1978, 92 Stat. 1216.
Section 7154, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523; Pub.
L. 90-83, 1(44), Sept. 11, 1967, 81 Stat. 208; Pub. L. 92-392, 8,
Aug. 19, 1972, 86 Stat. 573, which related to prohibition respecting
discrimination because of race, color, creed, sex, or marital status in
administration of chapter 51, subchapter III and IV of chapter 53, and
sections 305 and 3324 of this title, was redesignated as section 7204 of
this title by Pub. L. 95-454, title VII, 703(a)(1), Oct. 13, 1978, 92
Stat. 1216.
05 USC CHAPTER 72 -- ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec.
7201. Antidiscrimination policy; minority recruitment program.
7202. Marital status.
7203. Handicapping condition.
7204. Other prohibitions.
7211. Employees' right to petition Congress
1978 -- Pub. L. 95-454, title VII, 703(a)(2), Oct. 13, 1978, 92
Stat. 1217, struck out heading ''SUBCHAPTER II -- ANTIDISCRIMINATION IN
EMPLOYMENT'' and substituted therefor a chapter heading ''CHAPTER 72 --
ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS'' together with the
analysis of chapter 72 containing subchapters I, consisting of items
7201 to 7204, and subchapter II, consisting of item 7211.
05 USC SUBCHAPTER I -- ANTIDISCRIMINATION IN EMPLOYMENT
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
1979 -- Pub. L. 96-54, 2(a)(43), Aug. 14, 1979, 93 Stat. 383,
added heading for subchapter I.
05 USC 7201. Antidiscrimination policy; minority recruitment program
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For the purpose of this section --
(1) ''underrepresentation'' means a situation in which the number of
members of a minority group designation (determined by the Equal
Employment Opportunity Commission in consultation with the Office of
Personnel Management, on the basis of the policy set forth in subsection
(b) of this section) within a category of civil service employment
constitutes a lower percentage of the total number of employees within
the employment category than the percentage that the minority
constituted within the labor force of the United States, as determined
under the most recent decennial or mid-decade census, or current
population survey, under title 13, and
(2) ''category of civil service employment'' means --
(A) each grade of the General Schedule described in section 5104 of
this title;
(B) each position subject to subchapter IV of chapter 53 of this
title;
(C) such occupational, professional, or other groupings (including
occupational series) within the categories established under
subparagraphs (A) and (B) of this paragraph as the Office determines
appropriate.
(b) It is the policy of the United States to insure equal employment
opportunities for employees without discrimination because of race,
color, religion, sex, or national origin. The President shall use his
existing authority to carry out this policy.
(c) Not later than 180 days after the date of the enactment of the
Civil Service Reform Act of 1978, the Office of Personnel Management
shall, by regulation, implement a minority recruitment program which
shall provide, to the maximum extent practicable --
(1) that each Executive agency conduct a continuing program for the
recruitment of members of minorities for positions in the agency to
carry out the policy set forth in subsection (b) in a manner designed to
eliminate underrepresentation of minorities in the various categories of
civil service employment within the Federal service, with special
efforts directed at recruiting in minority communities, in educational
institutions, and from other sources from which minorities can be
recruited; and
(2) that the Office conduct a continuing program of --
(A) assistance to agencies in carrying out programs under paragraph
(1) of this subsection, and
(B) evaluation and oversight and such recruitment programs to
determine their effectiveness in eliminating such minority
underrepresentation.
(d) Not later than 60 days after the date of the enactment of the
Civil Service Reform Act of 1978, the Equal Employment Opportunity
Commission shall --
(1) establish the guidelines proposed to be used in carrying out the
program required under subsection (c) of this section; and
(2) make determinations of underrepresentation which are proposed to
be used initially under such program; and
(3) transmit to the Executive agencies involved, to the Office of
Personnel Management, and to the Congress the determinations made under
paragraph (2) of this subsection.
(e) Not later than January 31 of each year, the Office shall prepare
and transmit to each House of the Congress a report on the activities of
the Office and of Executive agencies under subsection (c) of this
section, including the affirmative action plans submitted under section
717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), the personnel
data file maintained by the Office of Personnel Management, and any
other data necessary to evaluate the effectiveness of the program for
each category of civil service employment and for each minority group
designation, for the preceding fiscal year, together with
recommendations for administrative or legislative action the Office
considers appropriate.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523, 7151; renumbered 7201
and amended Pub. L. 95-454, title III, 310, title VII, 703(a)( 1), Oct.
13, 1978, 92 Stat. 1152, 1216.)
The word ''Federal'' is omitted as unnecessary in view of the
definition of ''employee'' in section 2105.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
The date of the enactment of the Civil Service Reform Act of 1978,
referred to in subsecs. (c) and (d), is the date of the enactment of
Pub. L. 95-454, which was approved Oct. 13, 1978.
1978 -- Pub. L. 95-454, 310(1), substituted ''Antidiscrimination
policy; minority recruitment program'' for ''Policy'' in section
catchline.
Subsecs. (a) to (e). Pub. L. 95-454, 310(2)-(4), added subsec. (a),
designated existing provisions as subsec. (b), and added subsecs. (c)
to (e).
Amendment by section 310 of Pub. L. 95-454 effective 90 days after
Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note
under section 1101 of this title.
Pub. L. 92-129, title I, 106, Sept. 28, 1971, 85 Stat. 355,
provided that: ''Unless prohibited by treaty, no person shall be
discriminated against by the Department of Defense or by any officer or
employee thereof, in the employment of civilian personnel at any
facility or installation operated by the Department of Defense in any
foreign country because such person is a citizen of the United States or
is a dependent of a member of the Armed Forces of the United States. As
used in this section, the term 'facility or installation operated by the
Department of Defense' shall include, but shall not be limited to, any
officer's club, non-commissioned officers' club, post exchange, or
commissary store.''
Nondiscrimination on account of age in Federal Government employment,
see section 633a of Title 29, Labor.
Nondiscrimination on account of age in Federally assisted programs,
see section 6101 et seq. of Title 42, The Public Health and Welfare.
05 USC 7202. Marital status
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The President may prescribe rules which shall prohibit, as nearly
as conditions of good administration warrant, discrimination because of
marital status in an Executive agency or in the competitive service.
(b) Regulations prescribed under any provision of this title, or
under any other provision of law, granting benefits to employees, shall
provide the same benefits for a married female employee and her spouse
and children as are provided for a married male employee and his spouse
and children.
(c) Notwithstanding any other provision of law, any provision of law
providing a benefit to a male Federal employee or to his spouse or
family shall be deemed to provide the same benefit to a female Federal
employee or to her spouse or family.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523, 7152; Pub. L. 92-187,
3, Dec. 15, 1971, 85 Stat. 644; renumbered 7202, Pub. L. 95-454, title
VII, 703(a)(1), Oct. 13, 1978, 92 Stat. 1216.)
The authority of the President to prescribe rules is added on
authority of former section 633(1), which is carried into section 3302.
The section is rewritten as a general prohibition instead of specifying
each of the personnel actions to which the prohibition applies. The
words ''in an Executive agency or in the competitive service'' are added
for clarity. The sentence ''All Acts or parts of Acts inconsistent
herewith are repealed.'' is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1971 -- Pub. L. 92-187 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
President's power to grant exceptions from provisions of this
section, see section 3302 of this title.
05 USC 7203. Handicapping condition
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The President may prescribe rules which shall prohibit, as nearly as
conditions of good administration warrant, discrimination because of
handicapping condition in an Executive agency or in the competitive
service with respect to a position the duties of which, in the opinion
of the Office of Personnel Management, can be performed efficiently by
an individual with a handicapping condition, except that the employment
may not endanger the health or safety of the individual or others.
(Pub. L. 89-544, Sept. 6, 1966, 80 Stat. 523, 7153; renumbered 7203
and amended Pub. L. 95-454, title I, 101(b)(2), title VII, 703( a)(1),
title IX, 906(a)(2), Oct. 13, 1978, 92 Stat. 1118, 1216, 1224.)
The authority of the President to prescribe rules is added on
authority of former section 633(1), which is carried into section 3302.
The section is rewritten as a general prohibition instead of specifying
the personnel actions included in former section 633(2)9. The words ''in
an Executive agency or in the competitive service'' are added for
clarity.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454, 101(b)(2), 906(a)(2), substituted
''Handicapping conditon'' for ''Physical handicap'' in section
catchline, ''handicapping condition'' for ''physical handicap'' wherever
appearing in text, and ''Office of Personnel Management'' for ''Civil
Service Commission''.
Amendment by sections 101(b)(2) and 906(a)(2) of Pub. L. 95-454
effective 90 days after Oct. 13, 1978, see section 907 of Pub. L.
95-454, set out as a note under section 1101 of this title.
President's power to grant exceptions from provisions of this
section, see section 3302 of this title.
05 USC 7204. Other prohibitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
((a) Repealed. Pub. L. 90-83, 1(44), Sept. 11, 1967, 81 Stat. 208.)
(b) In the administration of chapter 51, subchapters III and IV of
chapter 53, and sections 305 and 3324 of this title, discriminations
because of race, color, creed, sex, or marital status is prohibited with
respect to an individual or a position held by an individual.
(c) The Office of Personnel Management may prescribe regulations
necessary for the administration of subsection (b) of this section.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523, 7154; Pub. L. 90-83,
1(44), Sept. 11, 1967, 81 Stat. 208; Pub. L. 92-392, 8, Aug. 19, 1972,
86 Stat. 573; renumbered 7204 and amended Pub. L. 95-454, title VII,
703(a)(1), title IX, 906(a)(2), Oct. 13, 1978, 92 Stat. 1216, 1224.)
In subsection (a), the words ''Executive department'' are substituted
for ''department'' as the definition of ''department'' applicable to
this section is coextensive with the definition of ''Executive
department'' in section 101. The words ''or military department'' are
inserted to preserve the application of the source law. Before
enactment of the National Security Act Amendments of 1949 (63 Stat.
578), the Department of the Army, the Department of the Navy, and the
Department of the Air Force were Executive departments. The National
Security Act Amendments of 1949 established the Department of Defense as
an Executive department including the Department of the Army, the
Department of the Navy, and the Department of the Air Force as military
departments, not as Executive departments. However, the source law for
this subsection, which was in effect in 1949, remained applicable to the
Secretaries of the military departments by virtue of section 12(g) of
the National Security Act Amendments of 1949 (63 Stat. 591), which is
set out in the reviser's note for section 301. The words ''in the
discretion of'' are omitted as unnecessary in view of the permissive
grant of authority. The words ''positions in the department'' are
substituted for ''any of the clerkships therein authorized by law''.
The words ''upon the same requisites and conditions'' are omitted as
unnecessary. The words ''legal pay of the position to which appointed''
are substituted for ''same compensations, as are prescribed for men''.
This subsection was part of title IV of the Revised Statutes. The
Act of July 26, 1947, ch. 343, 201(d), as added Aug. 10, 1949, ch.
412, 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which provides ''Except
to the extent inconsistent with the provisions of this Act (National
Security Act of 1947), the provisions of title IV of the Revised
Statutes as now or hereafter amended shall be applicable to the
Department of Defense'' is omitted from this title, but is not repealed.
Subsection (c) is added on authority of former sections 1072 and
1072a, which are codified in section 5115.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
This section deletes subsection (a) of 5 U.S.C. 7154 to reflect the
repeal of the source statute of that subsection by Public Law 89-261, 79
Stat. 987.
1978 -- Subsec. (c). Pub. L. 95-454, 906(a)(2), substituted ''Office
of Personnel Management'' for ''Civil Service Commission''.
1972 -- Subsec. (b). Pub. L. 92-392 inserted reference to subchapter
IV of chapter 53 of this title.
Amendment by section 906(a)(2) of Pub. L. 95-454 effective 90 days
after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a
note under section 1101 of this title.
Amendment by Pub. L. 92-392 effective on first day of first
applicable pay period beginning on or after 90th day after Aug. 19,
1972, see section 15(a) of Pub. L. 92-392, set out as an Effective Date
note under section 5341 of this title.
05 USC SUBCHAPTER II -- EMPLOYEES' RIGHT TO PETITION CONGRESS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 7211. Employees' right to petition Congress
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The right of employees, individually or collectively, to petition
Congress or a Member of Congress, or to furnish information to either
House of Congress, or to a committee or Member thereof, may not be
interfered with or denied.
(Added Pub. L. 95-454, title VII, 703(a)(3), Oct. 13, 1978, 92 Stat.
1217.)
Provisions of this section were contained in section 7102 of this
title prior to the general amendment of chapter 71 of this title by Pub.
L. 95-454, title VII, 701, Oct. 13, 1978, 92 Stat. 1191.
Section effective 90 days after Oct. 13, 1978, see section 907 of
Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note
under section 1101 of this title.
05 USC CHAPTER 73 -- SUITABILITY, SECURITY, AND CONDUCT
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec.
7301. Presidential regulations.
7311. Loyalty and striking.
7312. Employment and clearance; individuals removed for national
security.
7313. Riots and civil disorders.
7321. Political contributions and services.
7322. Political use of authority or influence; prohibition.
7323. Political contributions; prohibition.
7324. Influencing elections; taking part in political campaigns;
prohibitions; exceptions.
7325. Penalties.
7326. Nonpartisan political activity permitted.
7327. Political activity permitted; employees residing in certain
municipalities.
7328. General Accounting Office employees.
(7341. Repealed.)
7342. Receipt and disposition of foreign gifts and decorations.
7351. Gifts to superiors.
7352. Excessive and habitual use of intoxicants.
7353. Gifts to Federal employees.
7361. Drug abuse.
7362. Alcohol abuse and alcoholism.
7363. Reports to Congress.
1989 -- Pub. L. 101-194, title III, 303(b), Nov. 30, 1989, 103
Stat. 1747, added item 7353.
1986 -- Pub. L. 99-570, title VI, 6002(a)(2), Oct. 27, 1986, 100
Stat. 3207-158, added subchapter VI heading and items 7361 to 7363.
1980 -- Pub. L. 96-191, 8(e)(2), Feb. 15, 1980, 94 Stat. 33, added
item 7328.
1968 -- Pub. L. 90-351, title V, 1001(b), June 19, 1968, 82 Stat.
235, substituted ''EMPLOYMENT LIMITATIONS'' for ''LOYALTY, SECURITY, AND
STRIKING'' in subchapter II heading and added item 7313.
1967 -- Pub. L. 90-83, 1(46), Sept. 11, 1967, 81 Stat. 209,
inserted ''GIFTS AND'' before ''DECORATIONS'' in subchapter IV heading,
struck out item 7341 ''Receipt and display of foreign decorations'', and
added item 7342.
2991c, 3522.
05 USC SUBCHAPTER I -- REGULATION OF CONDUCT
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 7301. Presidential regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The President may prescribe regulations for the conduct of employees
in the executive branch.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 524.)
The words ''employees in the executive branch'' are substituted for
''persons who may receive appointments in the civil service''.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Pub. L. 99-570, title VI, 6001, Oct. 27, 1986, 100 Stat. 3207-157,
provided that: ''This title (enacting sections 7361 to 7363 and 7904 of
this title, amending sections 290dd-1 and 290ee-1 of Title 42, The
Public Health and Welfare, and enacting provisions set out as notes
under section 7361 of this title and section 801 of Title 21, Food and
Drugs) may be cited as the 'Federal Employee Substance Abuse Education
and Treatment Act of 1986'.''
For assignment of certain emergency preparedness functions to the
Director of the Office of Personnel Management, see Parts 1, 2, and 22
of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note
under section 2251 of Title 50, Appendix, War and National Defense.
Presidential Order of December 8, 1969, provided that:
Pursuant to the provisions of section 4 of Executive Order 11491 (set
out as a note under this section), I hereby designate the Director of
the Bureau of the Budget (now the Office of Management and Budget) as a
member of the Federal Labor Relations Council. This order of
designation shall be published in the Federal Register.
Richard Nixon.
House Concurrent Resolution No. 175, July 11, 1958, 72 Stat. B12,
provided for a Code of Ethics for all Government employees, including
officeholders. See Pub. L. 96-303, set out below.
Pub. L. 96-303, July 3, 1980, 94 Stat. 855, provided: ''That, under
such regulations as the Administrator shall prescribe, each agency shall
display in appropriate areas of Federal buildings copies of the Code of
Ethics for Government Service.
''Sec. 2. (a) The Administrator shall provide for the publication of
copies of such Code of Ethics and for their distribution to agencies for
use under the first section of this Act.
''(b) The Administrator may accept on behalf of the United States any
unconditional gift made for purposes of this Act.
''Sec. 3. For purposes of this Act --
''(1) the term 'agency' means an Executive agency (as defined by
section 105 of title 5, United States Code), the United States Postal
Service, and the Postal Rate Commission;
''(2) the term 'Administrator' means the Administrator of the General
Services Administration;
''(3) the Code of Ethics for Government Service shall read as follows
--
''Any person in Government service should:
''I. Put loyalty to the highest moral principles and to country above
loyalty to persons, party, or Government department.
''II. Uphold the Constitution, laws, and regulations of the United
States and of all governments therein and never be a party to their
evasion.
''III. Give a full day's labor for a full day's pay; giving earnest
effort and best thought to the performance of duties.
''IV. Seek to find and employ more efficient and economical ways of
getting tasks accomplished.
''V. Never discriminate unfairly by the dispensing of special favors
or privileges to anyone, whether for remuneration or not; and never
accept, for himself or herself or for family members, favors or benefits
under circumstances which might be construed by reasonable persons as
influencing the performance of governmental duties.
''VI. Make no private promises of any kind binding upon the duties of
office, since a Government employee has no private word which can be
binding on public duty.
''VII. Engage in no business with the Government, either directly or
indirectly, which is inconsistent with the conscientious performance of
governmental duties.
''VIII. Never use any information gained confidentially in the
performance of governmental duties as a means of making a private
profit.
''IX. Expose corruption wherever discovered.
''X. Uphold these principles, ever conscious that public office is a
public trust.
Your agency ethics official and the Office of Government Ethics are
available to answer questions on conflicts of interest; and
''(4) the term 'Federal building' means any building in which at
least 20 individuals are regularly employed by an agency as civilian
employees.
''Sec. 4. The provisions of this Act shall take effect October 1,
1980. There shall be no costs imposed on the Federal Government for the
printing, framing or other preparation of the Code of Ethics for
Government Service under this Act.''
Pub. L. 100-71, title V, 503, July 11, 1987, 101 Stat. 468, as
amended by Pub. L. 102-54, 13(b)(6), June 13, 1991, 105 Stat. 274,
provided:
''(a)(1) Except as provided in subsection (b) or (c), none of the
funds appropriated or made available by this Act, or any other Act, with
respect to any fiscal year, shall be available to administer or
implement any drug testing pursuant to Executive Order Numbered 12564
(dated September 15, 1986) (set out as a note below), or any subsequent
order, unless and until --
''(A) the Secretary of Health and Human Services certifies in writing
to the Committees on Appropriations of the House of Representatives and
the Senate, and other appropriate committees of the Congress, that --
''(i) each agency has developed a plan for achieving a drug-free
workplace in accordance with Executive Order Numbered 12564 and
applicable provisions of law (including applicable provisions of this
section);
''(ii) the Department of Health and Human Services, in addition to
the scientific and technical guidelines dated February 13, 1987, and any
subsequent amendments thereto, has, in accordance with paragraph (3),
published mandatory guidelines which --
''(I) establish comprehensive standards for all aspects of laboratory
drug testing and laboratory procedures to be applied in carrying out
Executive Order Numbered 12564, including standards which require the
use of the best available technology for ensuring the full reliability
and accuracy of drug tests and strict procedures governing the chain of
custody of specimens collected for drug testing;
''(II) specify the drugs for which Federal employees may be tested;
and
''(III) establish appropriate standards and procedures for periodic
review of laboratories and criteria for certification and revocation of
certification of laboratories to perform drug testing in carrying out
Executive Order Numbered 12564; and
''(iii) all agency drug-testing programs and plans established
pursuant to Executive Order Numbered 12564 comply with applicable
provisions of law, including applicable provisions of the Rehabilitation
Act of 1973 (29 U.S.C. 701 et seq.), title 5 of the United States Code,
and the mandatory guidelines under clause (ii);
''(B) the Secretary of Health and Human Services has submitted to the
Congress, in writing, a detailed, agency-by-agency analysis relating to
--
''(i) the criteria and procedures to be applied in designating
employees or positions for drug testing, including the justification for
such criteria and procedures;
''(ii) the position titles designated for random drug testing; and
''(iii) the nature, frequency, and type of drug testing proposed to
be instituted; and
''(C) the Director of the Office of Management and Budget has
submitted in writing to the Committees on Appropriations of the House of
Representatives and the Senate a detailed, agency-by-agency analysis (as
of the time of certification under subparagraph (A)) of the anticipated
annual costs associated with carrying out Executive Order Numbered 12564
and all other requirements under this section during the 5-year period
beginning on the date of the enactment of this Act (July 11, 1987).
''(2) Notwithstanding subsection (g), for purposes of this
subsection, the term ''agency'' means --
''(A) the Executive Office of the President;
''(B) an Executive department under section 101 of title 5, United
States Code;
''(C) the Environmental Protection Agency;
''(D) the General Services Administration;
''(E) the National Aeronautics and Space Administration;
''(F) the Office of Personnel Management;
''(G) the Small Business Administration;
''(H) the United States Information Agency; and
''(I) the Department of Veterans Affairs;
except that such term does not include the Department of
Transportation or any other entity (or component thereof) covered by
subsection (b).
''(3) Notwithstanding any provision of chapter 5 of title 5, United
States Code, the mandatory guidelines to be published pursuant to
subsection (a)(1)(A)(ii) shall be published and made effective
exclusively according to the provisions of this paragraph. Notice of
the mandatory guidelines proposed by the Secretary of Health and Human
Services shall be published in the Federal Register, and interested
persons shall be given not less than 60 days to submit written comments
on the proposed mandatory guidelines. Following review and
consideration of written comments, final mandatory guidelines shall be
published in the Federal Register and shall become effective upon
publication.
''(b)(1) Nothing in subsection (a) shall limit or otherwise affect
the availability of funds for drug testing by --
''(A) the Department of Transportation;
''(B) Department of Energy, for employees specifically involved in
the handling of nuclear weapons or nuclear materials;
''(C) any agency with an agency-wide drug-testing program in
existence as of September 15, 1986; or
''(D) any component of an agency if such component had a drug-testing
program in existence as of September 15, 1986.
''(2) The Departments of Transportation and Energy and any agency or
component thereof with a drug-testing program in existence as of
September 15, 1986 --
''(A) shall be brought into full compliance with Executive Order
Numbered 12564 (set out as a note below) no later than the end of the
6-month period beginning on the date of the enactment of this Act (July
11, 1987); and
''(B) shall take such actions as may be necessary to ensure that
their respective drug-testing programs or plans are brought into full
compliance with the mandatory guidelines published under subsection
(a)(1)(A)(ii) no later than 90 days after such mandatory guidelines take
effect, except that any judicial challenge that affects such guidelines
should not affect drug-testing programs or plans subject to this
paragraph.
''(c) In the case of an agency (or component thereof) other than an
agency as defined by subsection (a)(2) or an agency (or component
thereof) covered by subsection (b), none of the funds appropriated or
made available by this Act, or any other Act, with respect to any fiscal
year, shall be available to administer or implement any drug testing
pursuant to Executive Order Numbered 12564 (set out as a note below), or
any subsequent order, unless and until --
''(1) the Secretary of Health and Human Services provides written
certification with respect to that agency (or component) in accordance
with clauses (i) and (iii) of subsection (a)(1)(A);
''(2) the Secretary of Health and Human Services has submitted a
written, detailed analysis with respect to that agency (or component) in
accordance with subsection (a)(1)(B); and
''(3) the Director of the Office of Management and Budget has
submitted a written, detailed analysis with respect to that agency (or
component) in accordance with subsection (a)(1)(C).
''(d) Any Federal employee who is the subject of a drug test under
any program or plan shall, upon written request, have access to --
''(1) any records relating to such employee's drug test; and
''(2) any records relating to the results of any relevant
certification, review, or revocation-of-certification proceedings, as
referred to in subsection (a)(1)(A)(ii)(III).
''(e) The results of a drug test of a Federal employee may not be
disclosed without the prior written consent of such employee, unless the
disclosure would be --
''(1) to the employee's medical review official (as defined in the
scientific and technical guidelines referred to in subsection (a)(1)(
A)(ii));
''(2) to the administrator of any Employee Assistance Program in
which the employee is receiving counseling or treatment or is otherwise
participating;
''(3) to any supervisory or management official within the employee's
agency having authority to take the adverse personnel action against
such employee; or
''(4) pursuant to the order of a court of competent jurisdiction
where required by the United States Government to defend against any
challenge against any adverse personnel action.
''(f) Each agency covered by Executive Order Numbered 12564 (set out
as a note below) shall submit to the Committees on Appropriations of the
House of Representatives and the Senate, and other appropriate
committees of the Congress, an annual report relating to drug-testing
activities conducted by such agency pursuant to such executive order.
Each such annual report shall be submitted at the time of the
President's budget submission to the Congress under section 1105(a) of
title 31, United States Code.
''(g) For purposes of this section, the terms 'agency' and 'Employee
Assistance Program' each has the meaning given such term under section
7(b) of Executive Order Numbered 12564 (set out as a note below), as in
effect on September 15, 1986.''
Pub. L. 99-145, title XIV, 1461, Nov. 8, 1985, 99 Stat. 765,
provided that:
''(a) General Rule. -- A Federal officer, employee, or Member of
Congress may not accept, directly or indirectly, any tangible thing of
value as a gift or memento in connection with a ceremony to mark the
completion of a naval shipbuilding milestone.
''(b) Exclusion. -- Subsection (a) does not apply to a gift or
memento that has a value of less than $100.
''(c) Definitions. -- For purposes of this section, the terms
'officer', 'employee', and 'Member of Congress' have the meanings given
those terms in sections 2104, 2105, and 2106, respectively, of title 5,
United States Code.''
Ex. Ord. No. 9845, Apr. 28, 1947, 12 F.R. 2799, which permitted
Bureau of Reclamation employees to accept appointments as constables or
deputy sheriffs under state or territorial laws, was revoked by Ex.
Ord. No. 11408, Apr. 25, 1968, 33 F.R. 6459.
Ex. Ord. No. 12564, Sept. 15, 1986, 51 F.R. 32889, provided:
I, RONALD REAGAN, President of the United States of America, find
that:
Drug use is having serious adverse effects upon a significant
proportion of the national work force and results in billions of dollars
of lost productivity each year;
The Federal government, as an employer, is concerned with the
well-being of its employees, the successful accomplishment of agency
missions, and the need to maintain employee productivity;
The Federal government, as the largest employer in the Nation, can
and should show the way towards achieving drug-free workplaces through a
program designed to offer drug users a helping hand and, at the same
time, demonstrating to drug users and potential drug users that drugs
will not be tolerated in the Federal workplace;
The profits from illegal drugs provide the single greatest source of
income for organized crime, fuel violent street crime, and otherwise
contribute to the breakdown of our society;
The use of illegal drugs, on or off duty, by Federal employees is
inconsistent not only with the law-abiding behavior expected of all
citizens, but also with the special trust placed in such employees as
servants of the public;
Federal employees who use illegal drugs, on or off duty, tend to be
less productive, less reliable, and prone to greater absenteeism than
their fellow employees who do not use illegal drugs;
The use of illegal drugs, on or off duty, by Federal employees
impairs the efficiency of Federal departments and agencies, undermines
public confidence in them, and makes it more difficult for other
employees who do not use illegal drugs to perform their jobs
effectively. The use of illegal drugs, on or off duty, by Federal
employees also can pose a serious health and safety threat to members of
the public and to other Federal employees;
The use of illegal drugs, on or off duty, by Federal employees in
certain positions evidences less than the complete reliability,
stability, and good judgment that is consistent with access to sensitive
information and creates the possibility of coercion, influence, and
irresponsible action under pressure that may pose a serious risk to
national security, the public safety, and the effective enforcement of
the law; and
Federal employees who use illegal drugs must themselves be primarily
responsible for changing their behavior and, if necessary, begin the
process of rehabilitating themselves.
By the authority vested in me as President by the Constitution and
laws of the United States of America, including section 3301(2) of Title
5 of the United States Code, section 7301 of Title 5 of the United
States Code, section 290ee-1 of Title 42 of the United States Code,
deeming such action in the best interests of national security, public
health and safety, law enforcement and the efficiency of the Federal
service, and in order to establish standards and procedures to ensure
fairness in achieving a drug-free Federal workplace and to protect the
privacy of Federal employees, it is hereby ordered as follows:
Section 1. Drug-Free Workplace. (a) Federal employees are required
to refrain from the use of illegal drugs.
(b) The use of illegal drugs by Federal employees, whether on duty or
off duty, is contrary to the efficiency of the service.
(c) Persons who use illegal drugs are not suitable for Federal
employment.
Sec. 2. Agency Responsibilities. (a) The head of each Executive
agency shall develop a plan for achieving the objective of a drug-free
workplace with due consideration of the rights of the government, the
employee, and the general public.
(b) Each agency plan shall include:
(1) A statement of policy setting forth the agency's expectations
regarding drug use and the action to be anticipated in response to
identified drug use;
(2) Employee Assistance Programs emphasizing high level direction,
education, counseling, referral to rehabilitation, and coordination with
available community resources;
(3) Supervisory training to assist in identifying and addressing
illegal drug use by agency employees;
(4) Provision for self-referrals as well as supervisory referrals to
treatment with maximum respect for individual confidentiality consistent
with safety and security issues; and
(5) Provision for identifying illegal drug users, including testing
on a controlled and carefully monitored basis in accordance with this
Order.
Sec. 3. Drug Testing Programs. (a) The head of each Executive agency
shall establish a program to test for the use of illegal drugs by
employees in sensitive positions. The extent to which such employees
are tested and the criteria for such testing shall be determined by the
head of each agency, based upon the nature of the agency's mission and
its employees' duties, the efficient use of agency resources, and the
danger to the public health and safety or national security that could
result from the failure of an employee adequately to discharge his or
her position.
(b) The head of each Executive agency shall establish a program for
voluntary employee drug testing.
(c) In addition to the testing authorized in subsections (a) and (b)
of this section, the head of each Executive agency is authorized to test
an employee for illegal drug use under the following circumstances:
(1) When there is a reasonable suspicion that any employee uses
illegal drugs;
(2) In an examination authorized by the agency regarding an accident
or unsafe practice; or
(3) As part of or as a follow-up to counseling or rehabilitation for
illegal drug use through an Employee Assistance Program.
(d) The head of each Executive agency is authorized to test any
applicant for illegal drug use.
Sec. 4. Drug Testing Procedures. (a) Sixty days prior to the
implementation of a drug testing program pursuant to this Order,
agencies shall notify employees that testing for use of illegal drugs is
to be conducted and that they may seek counseling and rehabilitation and
inform them of the procedures for obtaining such assistance through the
agency's Employee Assistance Program. Agency drug testing programs
already ongoing are exempted from the 60-day notice requirement.
Agencies may take action under section 3(c) of this Order without
reference to the 60-day notice period.
(b) Before conducting a drug test, the agency shall inform the
employee to be tested of the opportunity to submit medical documentation
that may support a legitimate use for a specific drug.
(c) Drug testing programs shall contain procedures for timely
submission of requests for retention of records and specimens;
procedures for retesting; and procedures, consistent with applicable
law, to protect the confidentiality of test results and related medical
and rehabilitation records. Procedures for providing urine specimens
must allow individual privacy, unless the agency has reason to believe
that a particular individual may alter or substitute the specimen to be
provided.
(d) The Secretary of Health and Human Services is authorized to
promulgate scientific and technical guidelines for drug testing
programs, and agencies shall conduct their drug testing programs in
accordance with these guidelines once promulgated.
Sec. 5. Personnel Actions. (a) Agencies shall, in addition to any
appropriate personnel actions, refer any employee who is found to use
illegal drugs to an Employee Assistance Program for assessment,
counseling, and referral for treatment or rehabilitation as appropriate.
(b) Agencies shall initiate action to discipline any employee who is
found to use illegal drugs, provided that such action is not required
for an employee who:
(1) Voluntarily identifies himself as a user of illegal drugs or who
volunteers for drug testing pursuant to section 3(b) of this Order,
prior to being identified through other means;
(2) Obtains counseling or rehabilitation through an Employee
Assistance Program; and
(3) Thereafter refrains from using illegal drugs.
(c) Agencies shall not allow any employee to remain on duty in a
sensitive position who is found to use illegal drugs, prior to
successful completion of rehabilitation through an Employee Assistance
Program. However, as part of a rehabilitation or counseling program,
the head of an Executive agency may, in his or her discretion, allow an
employee to return to duty in a sensitive position if it is determined
that this action would not pose a danger to public health or safety or
the national security.
(d) Agencies shall initiate action to remove from the service any
employee who is found to use illegal drugs and:
(1) Refuses to obtain counseling or rehabilitation through an
Employee Assistance Program; or
(2) Does not thereafter refrain from using illegal drugs.
(e) The results of a drug test and information developed by the
agency in the course of the drug testing of the employee may be
considered in processing any adverse action against the employee or for
other administrative purposes. Preliminary test results may not be used
in an administrative proceeding unless they are confirmed by a second
analysis of the same sample or unless the employee confirms the accuracy
of the initial test by admitting the use of illegal drugs.
(f) The determination of an agency that an employee uses illegal
drugs can be made on the basis of any appropriate evidence, including
direct observation, a criminal conviction, administrative inquiry, or
the results of an authorized testing program. Positive drug test
results may be rebutted by other evidence that an employee has not used
illegal drugs.
(g) Any action to discipline an employee who is using illegal drugs
(including removal from the service, if appropriate) shall be taken in
compliance with otherwise applicable procedures, including the Civil
Service Reform Act (Pub. L. 95-454, see Tables for classification).
(h) Drug testing shall not be conducted pursuant to this Order for
the purpose of gathering evidence for use in criminal proceedings.
Agencies are not required to report to the Attorney General for
investigation or prosecution any information, allegation, or evidence
relating to violations of Title 21 of the United States Code received as
a result of the operation of drug testing programs established pursuant
to this Order.
Sec. 6. Coordination of Agency Programs. (a) The Director of the
Office of Personnel Management shall:
(1) Issue government-wide guidance to agencies on the implementation
of the terms of this Order;
(2) Ensure that appropriate coverage for drug abuse is maintained for
employees and their families under the Federal Employees Health Benefits
Program;
(3) Develop a model Employee Assistance Program for Federal agencies
and assist the agencies in putting programs in place;
(4) In consultation with the Secretary of Health and Human Services,
develop and improve training programs for Federal supervisors and
managers on illegal drug use; and
(5) In cooperation with the Secretary of Health and Human Services
and heads of Executive agencies, mount an intensive drug awareness
campaign throughout the Federal work force.
(b) The Attorney General shall render legal advice regarding the
implementation of this Order and shall be consulted with regard to all
guidelines, regulations, and policies proposed to be adopted pursuant to
this Order.
(c) Nothing in this Order shall be deemed to limit the authorities of
the Director of Central Intelligence under the National Security Act of
1947, as amended (50 U.S.C. 401 et seq.), or the statutory authorities
of the National Security Agency or the Defense Intelligence Agency.
Implementation of this Order within the Intelligence Community, as
defined in Executive Order No. 12333 (50 U.S.C. 401 note), shall be
subject to the approval of the head of the affected agency.
Sec. 7. Definitions. (a) This Order applies to all agencies of the
Executive Branch.
(b) For purposes of this Order, the term ''agency'' means an
Executive agency, as defined in 5 U.S.C. 105; the Uniformed Services,
as defined in 5 U.S.C. 2101(3) (but excluding the armed forces as
defined by 5 U.S.C. 2101(2)); or any other employing unit or authority
of the Federal government, except the United States Postal Service, the
Postal Rate Commission, and employing units or authorities in the
Judicial and Legislative Branches.
(c) For purposes of this Order, the term ''illegal drugs'' means a
controlled substance included in Schedule I or II, as defined by section
802(6) of Title 21 of the United States Code, the possession of which is
unlawful under chapter 13 of that Title. The term ''illegal drugs''
does not mean the use of a controlled substance pursuant to a valid
prescription or other uses authorized by law.
(d) For purposes of this Order, the term ''employee in a sensitive
position'' refers to:
(1) An employee in a position that an agency head designates Special
Sensitive, Critical-Sensitive, or Noncritical-Sensitive under Chapter
731 of the Federal Personnel Manual or an employee in a position that an
agency head designates as sensitive in accordance with Executive Order
No. 10450, as amended (5 U.S.C. 7311 note);
(2) An employee who has been granted access to classified information
or may be granted access to classified information pursuant to a
determination of trustworthiness by an agency head under Section 4 of
Executive Order No. 12356 (50 U.S.C. 401 note);
(3) Individuals serving under Presidential appointments;
(4) Law enforcement officers as defined in 5 U.S.C. 8331(20); and
(5) Other positions that the agency head determines involve law
enforcement, national security, the protection of life and property,
public health or safety, or other functions requiring a high degree of
trust and confidence.
(e) For purposes of this Order, the term ''employee'' means all
persons appointed in the Civil Service as described in 5 U.S.C. 2105
(but excluding persons appointed in the armed services as defined in 5
U.S.C. 2102(2)).
(f) For purposes of this Order, the term ''Employee Assistance
Program'' means agency-based counseling programs that offer assessment,
short-term counseling, and referral services to employees for a wide
range of drug, alcohol, and mental health programs that affect employee
job performance. Employee Assistance Programs are responsible for
referring drug-using employees for rehabilitation and for monitoring
employees' progress while in treatment.
Sec. 8. Effective Date. This Order is effective immediately.
Ronald Reagan.
Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended by Ex.
Ord. No. 12731, Oct. 17, 1990, 55 F.R. 42547, provided:
By virtue of the authority vested in me as President by the
Constitution and the laws of the United States of America, and in order
to establish fair and exacting standards of ethical conduct for all
executive branch employees, it is hereby ordered as follows:
Section 101. Principles of Ethical Conduct. To ensure that every
citizen can have complete confidence in the integrity of the Federal
Government, each Federal employee shall respect and adhere to the
fundamental principles of ethical service as implemented in regulations
promulgated under sections 201 and 301 of this order:
(a) Public service is a public trust, requiring employees to place
loyalty to the Constitution, the laws, and ethical principles above
private gain.
(b) Employees shall not hold financial interests that conflict with
the conscientious performance of duty.
(c) Employees shall not engage in financial transactions using
nonpublic Government information or allow the improper use of such
information to further any private interest.
(d) An employee shall not, except pursuant to such reasonable
exceptions as are provided by regulation, solicit or accept any gift or
other item of monetary value from any person or entity seeking official
action from, doing business with, or conducting activities regulated by
the employee's agency, or whose interests may be substantially affected
by the performance or nonperformance of the employee's duties.
(e) Employees shall put forth honest effort in the performance of
their duties.
(f) Employees shall make no unauthorized commitments or promises of
any kind purporting to bind the Government.
(g) Employees shall not use public office for private gain.
(h) Employees shall act impartially and not give preferential
treatment to any private organization or individual.
(i) Employees shall protect and conserve Federal property and shall
not use it for other than authorized activities.
(j) Employees shall not engage in outside employment or activities,
including seeking or negotiating for employment, that conflict with
official Government duties and responsibilities.
(k) Employees shall disclose waste, fraud, abuse, and corruption to
appropriate authorities.
(l) Employees shall satisfy in good faith their obligations as
citizens, including all just financial obligations, especially those --
such as Federal, State, or local taxes -- that are imposed by law.
(m) Employees shall adhere to all laws and regulations that provide
equal opportunity for all Americans regardless of race, color, religion,
sex, national origin, age, or handicap.
(n) Employees shall endeavor to avoid any actions creating the
appearance that they are violating the law or the ethical standards
promulgated pursuant to this order.
Sec. 102. Limitations on Outside Earned Income.
(a) No employee who is appointed by the President to a full-time
noncareer position in the executive branch (including full-time
noncareer employees in the White House Office, the Office of Policy
Development, and the Office of Cabinet Affairs), shall receive any
earned income for any outside employment or activity performed during
that Presidential appointment.
(b) The prohibition set forth in subsection (a) shall not apply to
any full-time noncareer employees employed pursuant to 3 U.S.C. 105 and
3 U.S.C. 107(a) at salaries below the minimum rate of basic pay then
paid for GS-9 of the General Schedule. Any outside employment must
comply with relevant agency standards of conduct, including any
requirements for approval of outside employment.
Sec. 201. The Office of Government Ethics. The Office of Government
Ethics shall be responsible for administering this order by:
(a) Promulgating, in consultation with the Attorney General and the
Office of Personnel Management, regulations that establish a single,
comprehensive, and clear set of executive-branch standards of conduct
that shall be objective, reasonable, and enforceable.
(b) Developing, disseminating, and periodically updating an ethics
manual for employees of the executive branch describing the applicable
statutes, rules, decisions, and policies.
(c) Promulgating, with the concurrence of the Attorney General,
regulations interpreting the provisions of the post-employment statute,
section 207 of title 18, United States Code; the general
conflict-of-interest statute, section 208 of title 18, United States
Code; and the statute prohibiting supplementation of salaries, section
209 of title 18, United States Code.
(d) Promulgating, in consultation with the Attorney General and the
Office of Personnel Management, regulations establishing a system of
nonpublic (confidential) financial disclosure by executive branch
employees to complement the system of public disclosure under the Ethics
in Government Act of 1978 (Pub. L. 95-521, see Tables for
classification). Such regulations shall include criteria to guide
agencies in determining which employees shall submit these reports.
(e) Ensuring that any implementing regulations issued by agencies
under this order are consistent with and promulgated in accordance with
this order.
Sec. 202. Executive Office of the President. In that the agencies
within the Executive Office of the President (EOP) currently exercise
functions that are not distinct and separate from each other within the
meaning and for the purposes of section 207(e) of title 18, United
States Code, those agencies shall be treated as one agency under section
207(c) of title 18, United States Code.
Sec. 301. Agency Responsibilities. Each agency head is directed to:
(a) Supplement, as necessary and appropriate, the comprehensive
executive branch-wide regulations of the Office of Government Ethics,
with regulations of special applicability to the particular functions
and activities of that agency. Any supplementary agency regulations
shall be prepared as addenda to the branch-wide regulations and
promulgated jointly with the Office of Government Ethics, at the
agency's expense, for inclusion in Title 5 of the Code of Federal
Regulations.
(b) Ensure the review by all employees of this order and regulations
promulgated pursuant to the order.
(c) Coordinate with the Office of Government Ethics in developing
annual agency ethics training plans. Such training shall include
mandatory annual briefings on ethics and standards of conduct for all
employees appointed by the President, all employees in the Executive
Office of the President, all officials required to file public or
nonpublic financial disclosure reports, all employees who are
contracting officers and procurement officials, and any other employees
designated by the agency head.
(d) Where practicable, consult formally or informally with the Office
of Government Ethics prior to granting any exemption under section 208
of title 18, United States Code, and provide the Director of the Office
of Government Ethics a copy of any exemption granted.
(e) Ensure that the rank, responsibilities, authority, staffing, and
resources of the Designated Agency Ethics Official are sufficient to
ensure the effectiveness of the agency ethics program. Support should
include the provision of a separate budget line item for ethics
activities, where practicable.
Sec. 401. Delegations to Agency Heads. Except in the case of the
head of an agency, the authority of the President under sections 203(
d), 205(e), and 208(b) of title 18, United States Code, to grant
exemptions or approvals to individuals, is delegated to the head of the
agency in which an individual requiring an exemption or approval is
employed or to which the individual (or the committee, commission,
board, or similar group employing the individual) is attached for
purposes of administration.
Sec. 402. Delegations to the Counsel to the President.
(a) Except as provided in section 401, the authority of the President
under sections 203(d), 205(e), and 208(b) of title 18, United States
Code, to grant exemptions or approvals for Presidential appointees to
committees, commissions, boards, or similar groups established by the
President is delegated to the Counsel to the President.
(b) The authority of the President under sections 203(d), 205(e), and
208(b) of title 18, United States Code, to grant exemptions or approvals
for individuals appointed pursuant to 3 U.S.C. 105 and 3 U.S. C.
107(a), is delegated to the Counsel to the President.
Sec. 403. Delegation Regarding Civil Service. The Office of
Personnel Management and the Office of Government Ethics, as
appropriate, are delegated the authority vested in the President by 5
U.S.C. 7301 to establish general regulations for the implementation of
this Executive order.
Sec. 501. Revocations. The following Executive orders are hereby
revoked:
(a) Executive Order No. 11222 of May 8, 1965.
(b) Executive Order No. 12565 of September 25, 1986.
Sec. 502. Savings Provision.
(a) All actions already taken by the President or by his delegates
concerning matters affected by this order and in force when this order
is issued, including any regulations issued under Executive Order 11222,
Executive Order 12565, or statutory authority, shall, except as they are
irreconcilable with the provisions of this order or terminate by
operation of law or by Presidential action, remain in effect until
properly amended, modified, or revoked pursuant to the authority
conferred by this order or any regulations promulgated under this order.
Notwithstanding anything in section 102 of this order, employees may
carry out preexisting contractual obligations entered into before April
12, 1989.
(b) Financial reports filed in confidence (pursuant to the authority
of Executive Order No. 11222, 5 C.F.R. Part 735, and individual agency
regulations) shall continue to be held in confidence.
Sec. 503. Definitions. For purposes of this order, the term:
(a) ''Contracting officers and procurement officials'' means all such
officers and officials as defined in the Office of Federal Procurement
Policy Act Amendments of 1988 (see 41 U.S.C. 423).
(b) ''Employee'' means any officer or employee of an agency,
including a special Government employee.
(c) ''Agency'' means any executive agency as defined in 5 U.S.C.
105, including any executive department as defined in 5 U.S.C. 101,
Government corporation as defined in 5 U.S.C. 103, or an independent
establishment in the executive branch as defined in 5 U.S.C. 104 (other
than the General Accounting Office), and the United States Postal
Service and Postal Rate Commission.
(d) ''Head of an agency'' means, in the case of an agency headed by
more than one person, the chair or comparable member of such agency.
(e) ''Special Government employee'' means a special Government
employee as defined in 18 U.S.C. 202(a).
Sec. 504. Judicial Review. This order is intended only to improve
the internal management of the executive branch and is not intended to
create any right or benefit, substantive or procedural, enforceable at
law by a party against the United States, its agencies, its officers, or
any person.
05 USC SUBCHAPTER II -- EMPLOYMENT LIMITATIONS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
1968 -- Pub. L. 90-351, title V, 1001(c), June 19, 1968, 82 Stat.
235, substituted ''EMPLOYMENT LIMITATIONS'' for ''LOYALTY, SECURITY, AND
STRIKING'' in subchapter heading.
05 USC 7311. Loyalty and striking
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An individual may not accept or hold a position in the Government of
the United States or the government of the District of Columbia if he --
(1) advocates the overthrow of our constitutional form of government;
(2) is a member of an organization that he knows advocates the
overthrow of our constitutional form of government;
(3) participates in a strike, or asserts the right to strike, against
the Government of the United States or the government of the District of
Columbia; or
(4) is a member of an organization of employees of the Government of
the United States or of individuals employed by the government of the
District of Columbia that he knows asserts the right to strike against
the Government of the United States or the government of the District of
Columbia.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 524.)
The word ''position'' is coextensive with and is substituted for
''office or employment''.
In paragraphs (1) and (2), the words ''in the United States'' in
former section 118p(1), (2) are omitted as unnecessary in view of the
reference to ''our constitutional form of government''.
In paragraphs (3) and (4), the reference to the ''government of the
District of Columbia'' is added on authority of the Act of June 29,
1956, in order to make these paragraphs meaningful with respect to
individuals employed by the government of the District of Columbia. The
words ''From and after July 1, 1956'', appearing in the Act of June 29,
1956, are omitted as executed.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Ex. Ord. No. 10450, Apr. 27, 1953, 18 F.R. 2489, as amended by Ex.
Ord. No. 10491, Oct. 15, 1953, 18 F.R. 6583; Ex. Ord. No. 10531, May
27, 1954, 19 F.R. 3069; Ex. Ord. No. 10548, Aug. 3, 1954, 19 F.R.
4871; Ex. Ord. No. 10550, Aug. 6, 1954, 19 F.R. 4981; Ex. Ord. No.
11605, July 2, 1971, 36 F.R. 12831; Ex. Ord. No. 11785, June 4, 1974,
39 F.R. 20053; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055,
provided:
WHEREAS the interests of the national security require that all
persons privileged to be employed in the departments and agencies of the
Government shall be reliable, trustworthy, of good conduct and
character, and of complete and unswerving loyalty to the United States;
and
WHEREAS the American tradition that all persons should receive fair,
impartial, and equitable treatment at the hands of the Government
requires that all persons seeking the privilege of employment or
privileged to be employed in the departments and agencies of the
Government be adjudged by mutually consistent and no less than minimum
standards and procedures among the departments and agencies governing
the employment and retention in employment of persons in the Federal
service:
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and statutes of the United States, including section 1753
of the Revised Statutes of the United States (5 U.S.C. 631) (sections
3301 and 7301 of this title); the Civil Service Act of 1883 (22 Stat.
403; 5 U.S.C. 632, et seq.) (section 1101 et seq. of this title);
section 9A of the act of August 2, 1939, 53 Stat. 1148 (5 U.S.C. 118j)
(sections 3333 and 7311 of this title); and the act of August 26, 1950,
64 Stat. 476 (5 U.S.C. 22-1, et seq.) (section 7501 et seq. of this
title), and as President of the United States, and deeming such action
necessary in the best interests of the national security it is hereby
ordered as follows:
Section 1. In addition to the departments and agencies specified in
the said act of August 26, 1950, and Executive Order No. 10237 of April
26, 1951 the provisions of that act shall apply to all other departments
and agencies of the Government.
Sec. 2. The head of each department and agency of the Government
shall be responsible for establishing and maintaining within his
department or agency an effective program to insure that the employment
and retention in employment of any civilian officer or employee within
the department or agency is clearly consistent with the interests of the
national security.
Sec. 3. (a) The appointment of each civilian officer or employee in
any department or agency of the Government shall be made subject to
investigation. The scope of the investigation shall be determined in
the first instance according to the degree of adverse effect the
occupant of the position sought to be filled could bring about, by
virtue of the nature of the position, on the national security, but in
no event shall the investigation include less than a national agency
check (including a check of the fingerprint files of the Federal Bureau
of Investigation), and written inquiries to appropriate local law
enforcement agencies, former employers and supervisors, references, and
schools attended by the person under investigation: Provided, that upon
request of the head of the department or agency concerned, the Office of
Personnel Management may, in its discretion, authorize such less
investigation as may meet the requirements of the national security with
respect to per-diem, intermittent, temporary, or seasonal employees, or
aliens employed outside the United States. Should there develop at any
stage of investigation information indicating that the employment of any
such person may not be clearly consistent with the interests of the
national security, there shall be conducted with respect to such person
a full field investigation, or such less investigation as shall be
sufficient to enable the head of the department or agency concerned to
determine whether retention of such person is clearly consistent with
the interests of the national security.
(b) The head of any department or agency shall designate, or cause to
be designated, any position within his department or agency the occupant
of which could bring about, by virtue of the nature of the position, a
material adverse effect on the national security as a sensitive
position. Any position so designated shall be filled or occupied only
by a person with respect to whom a full field investigation has been
conducted: Provided, that a person occupying a sensitive position at
the time it is designated as such may continue to occupy such position
pending the completion of a full field investigation, subject to the
other provisions of this order: And provided further, that in case of
emergency a sensitive position may be filled for a limited period by a
person with respect to whom a full field pre-appointment investigation
has not been completed if the head of the department or agency concerned
finds that such action is necessary in the national interest, which
finding shall be made a part of the records of such department or
agency.
Sec. 4. The head of each department and agency shall review, or cause
to be reviewed, the cases of all civilian officers and employees with
respect to whom there has been conducted a full field investigation
under Executive Order No. 9835 of March 21, 1947, and, after such
further investigation as may be appropriate, shall re-adjudicate, or
cause to be re-adjudicated, in accordance with the said act of August
26, 1950, such of those cases as have not been adjudicated under a
security standard commensurate with that established under this order.
Sec. 5. Whenever there is developed or received by any department or
agency information indicating that the retention in employment of any
officer or employee of the Government may not be clearly consistent with
the interests of the national security, such information shall be
forwarded to the head of the employing department or agency or his
representative, who, after such investigation as may be appropriate,
shall review, or cause to be reviewed, and, where necessary,
re-adjudicate, or cause to be re-adjudicated, in accordance with the
said act of August 26, 1950, the case of such officer or employee.
Sec. 6. Should there develop at any stage of investigation
information indicating that the employment of any officer or employees
of the Government may not be clearly consistent with the interests of
the national security, the head of the department or agency concerned or
his representative shall immediately suspend the employment of the
person involved if he deems such suspension necessary in the interests
of the national security and, following such investigation and review as
he deems necessary the head of the department or agency concerned shall
terminate the employment of such suspended officer in the interests of
the national security, or employee whenever he shall determine such
termination necessary or advisable in accordance with the said act of
August 26, 1950.
Sec. 7. Any person whose employment is suspended or terminated under
the authority granted to heads of departments and agencies by or in
accordance with the said act of August 26, 1950, or pursuant to the said
Executive Order No. 9835 or any other security or loyalty program
relating to officers or employees of the Government, shall not be
reinstated or restored to duty or reemployed in the same department or
agency and shall not be reemployed in any other department or agency,
unless the head of the department or agency concerned finds that such
reinstatement, restoration, or reemployment is clearly consistent with
the interests of the national security, which finding shall be made a
part of the records of such department or agency: Provided, that no
person whose employment has been terminated under such authority
thereafter may be employed by any other department or agency except
after a determination by the Office of Personnel Management that such
person is eligible for such employment.
Sec. 8. (a) The investigations conducted pursuant to this order shall
be designed to develop information as to whether the employment or
retention in employment in the Federal service of the person being
investigated is clearly consistent with the interests of the national
security. Such information shall relate, but shall not be limited, to
the following:
(1) Depending on the relation of the Government employment to the
national security:
(i) Any behavior, activities, or associations which tend to show that
the individual is not reliable or trustworthy.
(ii) Any deliberate misrepresentations, falsifications or omissions
of material facts.
(iii) Any criminal, infamous, dishonest, immoral, or notoriously
disgraceful conduct, habitual use of intoxicants to excess, drug
addiction or sexual perversion.
(iv) Any illness, including any mental condition, of a nature which
in the opinion of competent medical authority may cause significant
defect in the judgment or reliability of the employee, with due regard
to the transient or continuing effect of the illness and the medical
findings in such case.
(v) Any facts which furnish reason to believe that the individual may
be subjected to coercion, influence, or pressure which may cause him to
act contrary to the best interests of the national security.
(2) Commission of any act of sabotage, espionage, treason, or
sedition, or attempts thereat or preparation therefor, or conspiring
with, or aiding or abetting another to commit or attempt to commit any
act of sabotage, espionage, treason, or sedition.
(3) Establishing or continuing a sympathetic association with a
saboteur, spy, traitor, seditionist, anarchist, or revolutionist, or
with any espionage or other secret agent or representative of a foreign
nation, or any representative of a foreign nation whose interests may be
inimical to the interests of the United States, or with any person who
advocates the use of force or violence to overthrow the government of
the United States or the alteration of the form of government of the
United States by unconstitutional means.
(4) Advocacy of use of force or violence to overthrow the government
of the United States, or of the alteration of the form of government of
the United States by unconsitutional means.
(5) Knowing membership with the specific intent of furthering the
aims of, or adherence to and active participation in, any foreign or
domestic organization, association, movement, group, or combination of
persons (hereinafter referred to as organizations) which unlawfully
advocates or practices the commission of acts of force or violence to
prevent others from exercising their rights under the Constitution or
laws of the United States or of any State, or which seeks to overthrow
the Government of the United States or any State or subdivision thereof
by unlawful means.
(6) Intentional unauthorized disclosure to any person of security
information, or of other information disclosure of which is prohibited
by law, or willful violation or disregard of security regulations.
(7) Performing or attempting to perform his duties, or otherwise
acting, so as to serve the interests of another government in preference
to the interests of the United States.
(8) Refusal by the individual, upon the ground of constitutional
privilege against self-incrimination, to testify before a congressional
committee regarding charges of his alleged disloyalty or other
misconduct.
(b) The investigation of persons entering or employed in the
competitive service shall primarily be the responsibility of the Office
of Personnel Management, except in cases in which the head of a
department or agency assumes that responsibility pursuant to law or by
agreement with the Office. The Office shall furnish a full
investigative report to the department or agency concerned.
(c) The investigation of persons (including consultants, however
employed), entering employment of, or employed by, the Government other
than in the competitive service shall primarily be the responsibility of
the employing department or agency. Departments and agencies without
investigative facilities may use the investigative facilities of the
Office of Personnel Management, and other departments and agencies may
use such facilities under agreement with the Office.
(d) There shall be referred promptly to the Federal Bureau of
Investigation all investigations being conducted by any other agencies
which develop information indicating that an individual may have been
subjected to coercion, influence, or pressure to act contrary to the
interests of the national security, or information relating to any of
the matters described in subdivisions (2) through (8) of subsection (a)
of this section. In cases so referred to it, the Federal Bureau of
Investigation shall make a full field investigation.
Sec. 9. (a) There shall be established and maintained in the Office
of Personnel Management a security-investigations index covering all
persons as to whom security investigations have been conducted by any
department or agency of the Government under this order. The central
index established and maintained by the Office under Executive Order No.
9835 of March 21, 1947, shall be made a part of the
security-investigations index. The security-investigations index shall
contain the name of each person investigated, adequate identifying
information concerning each such person, and a reference to each
department and agency which has conducted an investigation concerning
the person involved or has suspended or terminated the employment of
such person under the authority granted to heads of departments and
agencies by or in accordance with the said act of August 26, 1950.
(b) The heads of all departments and agencies shall furnish promptly
to the Office of Personnel Management information appropriate for the
establishment and maintenance of the security-investigations index.
(c) The reports and other investigative material and information
developed by investigations conducted pursuant to any statute, order, or
program described in section 7 of this order shall remain the property
of the investigative agencies conducting the investigations, but may,
subject to considerations of the national security, be retained by the
department or agency concerned. Such reports and other investigative
material and information shall be maintained in confidence, and no
access shall be given thereto except with the consent of the
investigative agency concerned, to other departments and agencies
conducting security programs under the authority granted by or in
accordance with the said act of August 26, 1950, as may be required for
the efficient conduct of Government business.
Sec. 10. Nothing in this order shall be construed as eliminating or
modifying in any way the requirement for any investigation or any
determination as to security which may be required by law.
Sec. 11. On and after the effective date of this order the Loyalty
Review Board established by Executive Order No. 9835 of March 21, 1947,
shall not accept agency findings for review, upon appeal or otherwise.
Appeals pending before the Loyalty Review Board on such date shall be
heard to final determination in accordance with the provisions of the
said Executive Order No. 9835, as amended. Agency determinations
favorable to the officer or employee concerned pending before the
Loyalty Review Board on such date shall be acted upon by such Board, and
whenever the Board is not in agreement with such favorable determination
the case shall be remanded to the department or agency concerned for
determination in accordance with the standards and procedures
established pursuant to this order. Cases pending before the regional
loyalty boards of the Office of Personnel Management on which hearings
have not been initiated on such date shall be referred to the department
or agency concerned. Cases being heard by regional loyalty boards on
such date shall be heard to conclusion, and the determination of the
board shall be forwarded to the head of the department or agency
concerned: Provided, that if no specific department or agency is
involved, the case shall be dismissed without prejudice to the
applicant. Investigations pending in the Federal Bureau of
Investigation or the Office of Personnel Management on such date shall
be completed, and the reports thereon shall be made to the appropriate
department or agency.
Sec. 12. Executive Order No. 9835 of March 21, 1947, as amended, is
hereby revoked.
Sec. 13. The Attorney General is requested to render to the heads of
departments and agencies such advice as may be requisite to enable them
to establish and maintain an appropriate employee-security program.
Sec. 14. (a) The Office of Personnel Management, with the continuing
advice and collaboration of representatives of such departments and
agencies as the National Security Council may designate, shall make a
continuing study of the manner in which this order is being implemented
by the departments and agencies of the Government for the purpose of
determining:
(1) Deficiencies in the department and agency security programs
established under this order which are inconsistent with the interests
of or directly or indirectly weaken, the national security.
(2) Tendencies in such programs to deny to individual employees fair,
impartial and equitable treatment at the hands of the Government, or
rights under the Constitution and laws of the United States or this
order.
Information affecting any department or agency developed or received
during the course of such continuing study shall be furnished
immediately to the head of the department or agency concerned. The
Office of Personnel Management shall report to the National Security
Council, at least semiannually, on the results of such study, shall
recommend means to correct any such deficiencies or tendencies, and
shall inform the National Security Council immediately of any deficiency
which is deemed to be of major importance.
(b) All departments and agencies of the Government are directed to
cooperate with the Office of Personnel Management to facilitate the
accomplishment of the responsibilities assigned to it by subsection (a)
of this section.
(c) To assist the Office of Personnel Management in discharging its
responsibilities under this order, the head of each department and
agency shall, as soon as possible and in no event later than ninety days
after receipt of the final investigative report on a civilian officer or
employee subject to a full field investigation under the provisions of
this order, advise the Office as to the action taken with respect to
such officer or employee. The information furnished by the heads of
departments and agencies pursuant to this section shall be included in
the reports which the Office of Personnel Management is required to
submit to the National Security Council in accordance with subsection
(a) of this section. Such reports shall set forth any deficiencies on
the part of the heads of departments and agencies in taking timely
action under this order, and shall mention specifically any instances of
noncompliance with this subsection.
Sec. 15. This order shall become effective thirty days after the date
hereof.
Ex. Ord. No. 11605. July 2, 1971, 36 F.R. 12831, which amended Ex.
Ord. No. 10450, Apr. 27, 1953, 18 F.R. 2489, which related to security
requirements for government employees, was revoked by Ex. Ord. No.
11785, June 4, 1974, 39 F.R. 20053, set out as a note below.
Ex. Ord. No. 11785, June 4, 1974, 39 F.R. 20053, provided:
By virtue of the authority vested in me by the Constitution and
statutes of the United States, including 5 U.S.C. 1101 et seq., 3301,
3571, 7301, 7313, 7501(c), 7512, 7532, and 7533; and as President of
the United States, and finding such action necessary in the best
interests of national security, it is hereby ordered as follows:
Section 1. Section 12 of Executive Order No. 10450 of April 27,
1953, as amended (set out as a note under this section), is revised to
read in its entirety as follows:
''Sec. 12. Executive Order No. 9835 of March 21, 1947, as amended,
is hereby revoked.''
Sec. 2. Neither the Attorney General, nor the Subversive Activities
Control Board, nor any other agency shall designate organizations
pursuant to section 12 of Executive Order No. 10450, as amended, nor
circulate nor publish a list of organizations previously so designated.
The list of organizations previously designated is hereby abolished and
shall not be used for any purpose.
Sec. 3. Subparagraph (5) of paragraph (a) of section 8 of Executive
Order No. 10450, as amended, is revised to read as follows:
''Knowing membership with the specific intent of furthering the aims
of, or adherence to and active participation in, any foreign or domestic
organization, association, movement, group, or combination of persons
(hereinafter referred to as organizations) which unlawfully advocates or
practices the commission of acts of force or violence to prevent others
from exercising their rights under the Constitution or laws of the
United States or of any State, or which seeks to overthrow the
Government of the United States or any State or subdivision thereof by
unlawful means.''
Sec. 4. Executive Order No. 11605 of July 2, 1971, is revoked.
Richard Nixon.
Affidavit that acceptance of office will not violate this section,
see section 3333 of this title.
Disloyalty and asserting the right to strike against the Government,
public officers and employees, see section 1918 of Title 18, Crimes and
Criminal Procedure.
4102.
05 USC 7312. Employment and clearance; individuals removed for
national security
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Removal under section 7532 of this title does not affect the right of
an individual so removed to seek or accept employment in an agency of
the United States other than the agency from which removed. However, the
appointment of an individual so removed may be made only after the head
of the agency concerned has consulted with the Office of Personnel
Management. The Office, on written request of the head of the agency or
the individual so removed, may determine whether the individual is
eligible for employment in an agency other than the agency from which
removed.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 524; Pub. L. 95-454, title
IX, 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
The words ''Removal under section 7532 of this title'' and ''so
removed'' are coextensive with and substituted for ''termination of
employment herein provided'' and ''whose employment has been terminated
under the provisions of said sections'', respectively.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454 substituted ''Office of Personnel
Management'' and ''Office'' for ''Civil Service Commission'' and
''Commission'', respectively.
Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978,
see section 907 of Pub. L. 95-454, set out as a note under section 1101
of this title.
05 USC 7313. Riots and civil disorders
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An individual convicted by any Federal, State, or local court of
competent jurisdiction of --
(1) inciting a riot or civil disorder;
(2) organizing, promoting, encouraging, or participating in a riot or
civil disorder;
(3) aiding or abetting any person in committing any offense specified
in clause (1) or (2); or
(4) any offense determined by the head of the employing agency to
have been committed in furtherance of, or while participating in, a riot
or civil disorder;
shall, if the offense for which he is convicted is a felony, be
ineligible to accept or hold any position in the Government of the
United States or in the government of the District of Columbia for the
five years immediately following the date upon which his conviction
becomes final. Any such individual holding a position in the Government
of the United States or the government of the District of Columbia on
the date his conviction becomes final shall be removed from such
position.
(b) For the purposes of this section, ''felony'' means any offense
for which imprisonment is authorized for a term exceeding one year.
(Added Pub. L. 90-351, title V, 1001(a), June 19, 1968, 82 Stat.
235.)
Section 1002 of Pub. L. 90-351 provided that: ''The provisions of
section 1001(a) of this title (enacting this section) shall apply only
with respect to acts referred to in section 7313(a)(1)-(4) of title 5,
United States Code, as added by section 1001 of this title, which are
committed after the date of enactment of this title (June 19, 1968).''
Section 1106(e) of Pub. L. 90-448, title XI, Aug. 1, 1968, 82 Stat.
567, provided that: ''No person who has been convicted of committing a
felony during and in connection with a riot or civil disorder shall be
permitted, for a period of one year after the date of his conviction, to
receive any benefit under any law of the United States providing relief
for disaster victims.''
05 USC SUBCHAPTER III -- POLITICAL ACTIVITIES
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Pub. L. 89-617, Oct. 3, 1966, 80 Stat. 868, as amended by Pub. L.
90-55, July 20, 1967, 81 Stat. 124, established a Commission on
Political Activity of Government Personnel to make a full and complete
investigation and study of the Federal laws which limit or discourage
the participation of Federal and State officers and employees in
political activity with a view to determining the effect of such laws,
the need for their revision or elimination, and an appraisal of the
extent to which undesirable results might accrue from their repeal. The
Commission was directed to submit a comprehensive report of its
activities and the results of its studies to the President and to the
Congress on or before December 31, 1967.
4101; title 31 section 732; title 42 sections 4309,
5055.
05 USC 7321. Political contributions and services
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The President may prescribe rules which shall provide, as nearly as
conditions of good administration warrant, that an employee in an
Executive agency or in the competitive service is not obliged, by reason
of that employment, to contribute to a political fund or to render
political service, and that he may not be removed or otherwise
prejudiced for refusal to do so.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 525.)
The authority of the President to prescribe rules is added on
authority of former section 633(1), which is carried into section 3302
of this title.
The words ''employee in an Executive agency or in the competitive
service'' are substituted for ''person in the public service'' for
clarity.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
President's power to grant exceptions from provisions of this
section, see section 3302 of this title.
05 USC 7322. Political use of authority or influence; prohibition
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The President may prescribe rules which shall provide, as nearly as
conditions of good administration warrant, that an employee in an
Executive agency or in the competitive service may not use his official
authority or influence to coerce the political action of a person or
body.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 525.)
The authority of the President to prescribe rules is added on
authority of former section 633(1), which is carried into section 3302
of this title.
The words ''employee in an Executive agency or in the competitive
service'' are substituted for ''person in said service'' for clarity.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
President's power to grant exceptions from provisions of this
section, see section 3302 of this title.
05 USC 7323. Political contributions; prohibition
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An employee in an Executive agency (except one appointed by the
President, by and with the advice and consent of the Senate) may not
request or receive from, or give to, an employee, a Member of Congress,
or an officer of a uniformed service a thing of value for political
purposes. An employee who violates this section shall be removed from
the service.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 525.)
The words ''An employee of an Executive agency (except one appointed
by the President, by and with the advice and consent of the Senate)''
are substituted for ''Any executive officer or employee of the United
States not appointed by the President, with the advice and consent of
the Senate,'' because of the definitions in sections 105 and 2105. The
words ''an employee, a Member of Congress, or an officer of a uniformed
service'' are substituted for ''any other officer or employee of the
Government''. In the last sentence, the word ''removed'' is substituted
for ''at once discharged'' because of the provisions of the
Lloyd-LaFollette Act, 37 Stat. 555, as amended, and the Veterans'
Preference Act of 1944, 58 Stat. 387, as amended, which are carried
into this title.
The criminal penalty appearing in the last 25 words of section 6 of
the Act of Aug. 15, 1876, is omitted as superseded by sections 602 and
607 of title 18.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Employees to be removed from competitive service only for cause, see
section 7501 of this title.
05 USC 7324. Influencing elections; taking part in political
campaigns; prohibitions; exceptions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An employee in an Executive agency or an individual employed by
the government of the District of Columbia may not --
(1) use his official authority or influence for the purpose of
interfering with or affecting the result of an election; or
(2) take an active part in political management or in political
campaigns.
For the purpose of this subsection, the phrase ''an active part in
political management or in political campaigns'' means those acts of
political management or political campaigning which were prohibited on
the part of employees in the competitive service before July 19, 1940,
by determinations of the Civil Service Commission under the rules
prescribed by the President.
(b) An employee or individual to whom subsection (a) of this section
applies retains the right to vote as he chooses and to express his
opinion on political subjects and candidates.
(c) Subsection (a) of this section does not apply to an individual
employed by an educational or research institution, establishment,
agency, or system which is supported in whole or in part by the District
of Columbia or by a recognized religious, philanthropic, or cultural
organization.
(d) Subsection (a)(2) of this section does not apply to --
(1) an employee paid from the appropriation for the office of the
President;
(2) the head or the assistant head of an Executive department or
military department;
(3) an employee appointed by the President, by and with the advice
and consent of the Senate, who determines policies to be pursued by the
United States in its relations with foreign powers or in the nationwide
administration of Federal laws;
(4) the Mayor of the District of Columbia, the members of the Council
of the District of Columbia, or the Chairman of the Council of the
District of Columbia, as established by the District of Columbia
Self-Government and Governmental Reorganization Act; or
(5) the Recorder of Deeds of the District of Columbia.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 525; Pub. L. 93-268, 4( a),
Apr. 17, 1974, 88 Stat. 87.)
In subsection (a), the words ''July 19, 1940'' are substituted for
''at the time this section takes effect''. The amendment made by the
Act of Mar. 27, 1942, is omitted because it expired Mar. 31, 1947,
under section 1501 of that Act, as added June 29, 1946, ch. 526, 1, 60
Stat. 345; 50A U.S.C. 645.
In subsection (c), the reference in the Act of Oct. 24, 1942, to
section 2 of the Act of Aug. 2, 1939, is omitted as that section was
repealed by the Act of June 25, 1948, ch. 645, 21, 62 Stat. 867, and
is now covered by section 595 of title 18.
In subsection (d), the exception for the President and Vice-President
of the United States is omitted as unnecessary, as they are not
''employees'' under the definition in section 2105. In subsection
(d)(2), the words ''or military departments'' are inserted to preserve
the application of the source law. Before enactment of the National
Security Act Amendments of 1949 (63 Stat. 578), the Department of the
Army, the Department of the Navy, and the Department of the Air Force
were Executive departments. The National Security Act Amendments of
1949 established the Department of Defense as an Executive Department
including the Department of the Army, the Department of the Navy, and
the Department of the Air Force as military departments, not as
Executive departments. However, the source law for this subsection,
which was in effect in 1949, remained applicable to the head or
assistant head of a military department by virtue of section 12(g) of
the National Security Act Amendments of 1949 (63 Stat. 591), which is
set out in the reviser's note for section 301.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1974 -- Subsec. (d)(4). Pub. L. 93-268 substituted ''the Mayor of
the District of Columbia, the members of the Council of the District of
Columbia, or the Chairman of the Council of the District of Columbia, as
established by the District of Columbia Self-Government and Governmental
Reorganization Act'' for ''the Commissioners of the District of
Columbia''.
Section 4(b) of Pub. L. 93-268 provided that: ''Notwithstanding any
other provision of law, the provisions of section 7324(a)(2) of title 5,
United States Code, shall not be applicable to the Commissioner of the
District of Columbia or the members of the District of Columbia Council
(including the Chairman and Vice Chairman), as established by
Reorganization Plan Numbered 3 of 1967 (set out in the Appendix to this
title).''
Political activities of State and local officers and employees, see
section 1501 et seq. of this title.
title 50 App. section 463.
05 USC 7325. Penalties
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An employee or individual who violates section 7324 of this title
shall be removed from his position, and funds appropriated for the
position from which removed thereafter may not be used to pay the
employee or individual. However, if the Merit Systems Protection Board
finds by unanimous vote that the violation does not warrant removal, a
penalty of not less than 30 days' suspension without pay shall be
imposed by direction of the Board.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 526; Pub. L. 96-54, 2(a)(
44), Aug. 14, 1979, 93 Stat. 384.)
The word ''removed'' is substituted for ''removed immediately''
because of the provisions of the Veterans' Preference Act of 1944, 58
Stat. 387, as amended, which is carried into this title. The words
''or office'' are omitted as included in ''position''. The words ''by
any Act of Congress'' are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1979 -- Pub. L. 96-54 substituted ''Merit Systems Protection Board''
for ''Civil Service Commission'' and ''Board'' for ''Commission''.
Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(
b) of Pub. L. 96-54, set out as a note under section 305 of this title.
05 USC 7326. Nonpartisan political activity permitted
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Section 7324(a)(2) of this title does not prohibit political activity
in connection with --
(1) an election and the preceding campaign if none of the candidates
is to be nominated or elected at that election as representing a party
any of whose candidates for presidential elector received votes in the
last preceding election at which presidential electors were selected;
or
(2) a question which is not specifically identified with a National
or State political party or political party of a territory or possession
of the United States.
For the purpose of this section, questions relating to constitutional
amendments, referendums, approval of municipal ordinances, and others of
a similar character, are deemed not specifically identified with a
National or State political party or political party of a territory or
possession of the United States.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 526.)
The words ''or political part of a territory or possession of the
United States'' are added on authority of former section 118k-2, which
is carried into section 1501.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 7327. Political activity permitted; employees residing in
certain municipalities
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management may prescribe regulations
permitting employees and individuals to whom section 7324 of this title
applies to take an active part in political management and political
campaigns involving the municipality or other political subdivision in
which they reside, to the extent the Office considers it to be in their
domestic interest, when --
(1) the municipality or political subdivision is in Maryland or
Virginia and in the immediate vicinity of the District of Columbia, or
is a municipality in which the majority of voters are employed by the
Government of the United States; and
(2) the Office determines that because of special or unusual
circumstances which exist in the municipality or political subdivision
it is in the domestic interest of the employees and individuals to
permit that political participation.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 526; Pub. L. 96-54, 2(a)(
14), (15), Aug. 14, 1979, 93 Stat. 382; Pub. L. 97-468, title VI, 615(
b)(1)(E), Jan. 14, 1983, 96 Stat. 2578.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1983 -- Pub. L. 97-468 struck out subsec. (a) which provided that
section 7324(a)(2) of this title was not applicable to certain employees
of the Alaska Railroad, and struck out subsec. (b) designation.
1979 -- Subsec. (b). Pub. L. 96-54 substituted ''Office of Personnel
Management'' for ''Civil Service Commission'', and ''Office'' for
''Commission'' wherever appearing.
Amendment by Pub. L. 97-468 effective on date of transfer of Alaska
Railroad to the State (Jan. 5, 1985), pursuant to section 1203 of Title
45, Railroads, see section 615(b) of Pub. L. 97-468.
Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(
b) of Pub. L. 96-54, set out as a note under section 305 of this title.
05 USC 7328. General Accounting Office employees
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The preceding provisions of this subchapter shall not apply to
employees of the General Accounting Office
(Added Pub. L. 96-191, 8(e)(1), Feb. 15, 1980, 94 Stat. 33.)
Section effective Oct. 1, 1980, see section 10(a) of Pub. L.
96-191.
05 USC SUBCHAPTER IV -- FOREIGN GIFTS AND DECORATIONS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
1967 -- Pub. L. 90-83, 1(45)(A), Sept. 11, 1967, 81 Stat. 208,
substituted ''FOREIGN GIFTS AND DECORATIONS'' for ''FOREIGN
DECORATIONS'' in subchapter heading.
05 USC ( 7341. Repealed. Pub. L. 90-83, 1(45)(B), Sept. 11, 1967, 81
Stat. 208)
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 526, related to
receipt and display of foreign decorations. See section 7342 of this
title.
05 USC 7342. Receipt and disposition of foreign gifts and decorations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For the purpose of this section --
(1) ''employee'' means --
(A) an employee as defined by section 2105 of this title and an
officer or employee of the United States Postal Service or of the Postal
Rate Commission;
(B) an expert or consultant who is under contract under section 3109
of this title with the United States or any agency, department, or
establishment thereof, including, in the case of an organization
performing services under such section, any individual involved in the
performance of such services;
(C) an individual employed by, or occupying an office or position in,
the government of a territory or possession of the United States or the
government of the District of Columbia;
(D) a member of a uniformed service;
(E) the President and the Vice President;
(F) a Member of Congress as defined by section 2106 of this title
(except the Vice President) and any Delegate to the Congress; and
(G) the spouse of an individual described in subparagraphs (A)
through (F) (unless such individual and his or her spouse are separated)
or a dependent (within the meaning of section 152 of the Internal
Revenue Code of 1986) of such an individual, other than a spouse or
dependent who is an employee under subparagraphs (A) through (F);
(2) ''foreign government'' means --
(A) any unit of foreign governmental authority, including any foreign
national, State, local, and municipal government;
(B) any international or multinational organization whose membership
is composed of any unit of foreign government described in subparagraph
(A); and
(C) any agent or representative of any such unit or such
organization, while acting as such;
(3) ''gift'' means a tangible or intangible present (other than a
decoration) tendered by, or received from, a foreign government;
(4) ''decoration'' means an order, device, medal, badge, insignia,
emblem, or award tendered by, or received from, a foreign government;
(5) ''minimal value'' means a retail value in the United States at
the time of acceptance of $100 or less, except that --
(A) on January 1, 1981, and at 3 year intervals thereafter, ''minimal
value'' shall be redefined in regulations prescribed by the
Administrator of General Services, in consultation with the Secretary of
State, to reflect changes in the consumer price index for the
immediately preceding 3-year period; and
(B) regulations of an employing agency may define ''minimal value''
for its employees to be less than the value established under this
paragraph; and
(6) ''employing agency'' means --
(A) the Committee on Standards of Official Conduct of the House of
Representatives, for Members and employees of the House of
Representatives, except that those responsibilities specified in
subsections (c)(2)(A), (e)(1), and (g)(2)(B) shall be carried out by the
Clerk of the House;
(B) the Select Committee on Ethics of the Senate, for Senators and
employees of the Senate, except that those responsibilities (other than
responsibilities involving approval of the employing agency) specified
in subsections (c)(2), (d), and (g)(2)(B) shall be carried out by the
Secretary of the Senate;
(C) the Administrative Office of the United States Courts, for judges
and judicial branch employees; and
(D) the department, agency, office, or other entity in which an
employee is employed, for other legislative branch employees and for all
executive branch employees.
(b) An employee may not --
(1) request or otherwise encourage the tender of a gift or
decoration; or
(2) accept a gift or decoration, other than in accordance with the
provisions of subsections (c) and (d).
(c)(1) The Congress consents to --
(A) the accepting and retaining by an employee of a gift of minimal
value tendered and received as a souvenir or mark of courtesy; and
(B) the accepting by an employee of a gift of more than minimal value
when such gift is in the nature of an educational scholarship or medical
treatment or when it appears that to refuse the gift would likely cause
offense or embarrassment or otherwise adversely affect the foreign
relations of the United States, except that --
(i) a tangible gift of more than minimal value is deemed to have been
accepted on behalf of the United States and, upon acceptance, shall
become the property of the United States; and
(ii) an employee may accept gifts of travel or expenses for travel
taking place entirely outside the United States (such as transportation,
food, and lodging) of more than minimal value if such acceptance is
appropriate, consistent with the interests of the United States, and
permitted by the employing agency and any regulations which may be
prescribed by the employing agency.
(2) Within 60 days after accepting a tangible gift of more than
minimal value (other than a gift described in paragraph (1)(B)(ii)), an
employee shall --
(A) deposit the gift for disposal with his or her employing agency;
or
(B) subject to the approval of the employing agency, deposit the gift
with that agency for official use.
Within 30 days after terminating the official use of a gift under
subparagraph (B), the employing agency shall forward the gift to the
Administrator of General Services in accordance with subsection (e)(1)
or provide for its disposal in accordance with subsection (e)(2).
(3) When an employee deposits a gift of more than minimal value for
disposal or for official use pursuant to paragraph (2), or within 30
days after accepting travel or travel expenses as provided in paragraph
(1)(B)(ii) unless such travel or travel expenses are accepted in
accordance with specific instructions of his or her employing agency,
the employee shall file a statement with his or her employing agency or
its delegate containing the information prescribed in subsection (f) for
that gift.
(d) The Congress consents to the accepting, retaining, and wearing by
an employee of a decoration tendered in recognition of active field
service in time of combat operations or awarded for other outstanding or
unusually meritorious performance, subject to the approval of the
employing agency of such employee. Without this approval, the
decoration is deemed to have been accepted on behalf of the United
States, shall become the property of the United States, and shall be
deposited by the employee, within sixty days of acceptance, with the
employing agency for official use, for forwarding to the Administrator
of General Services for disposal in accordance with subsection (e)(1),
or for disposal in accordance with subsection (e)(2).
(e)(1) Except as provided in paragraph (2), gifts and decorations
that have been deposited with an employing agency for disposal shall be
(A) returned to the donor, or (B) forwarded to the Administrator of
General Services for transfer, donation, or other disposal in accordance
with the provisions of the Federal Property and Administrative Services
Act of 1949. However, no gift or decoration that has been deposited for
disposal may be sold without the approval of the Secretary of State,
upon a determination that the sale will not adversely affect the foreign
relations of the United States. Gifts and decorations may be sold by
negotiated sale.
(2) Gifts and decorations received by a Senator or an employee of the
Senate that are deposited with the Secretary of the Senate for disposal,
or are deposited for an official use which has terminated, shall be
disposed of by the Commission on Arts and Antiquities of the United
States Senate. Any such gift or decoration, may be returned by the
Commission to the donor or may be transferred or donated by the
Commission, subject to such terms and conditions as it may prescribe,
(A) to an agency or instrumentality of (i) the United States, (ii) a
State, territory, or possession of the United States, or a political
subdivision of the foregoing, or (iii) the District of Columbia, or (B)
to an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 which is exempt from taxation under section 501(a)
of such Code. Any such gift or decoration not disposed of as provided
in the preceding sentence shall be forwarded to the Administrator of
General Services for disposal in accordance with paragraph (1). If the
Administrator does not dispose of such gift or decoration within one
year, he shall, at the request of the Commission, return it to the
Commission and the Commission may dispose of such gift or decoration in
such manner as it considers proper, except that such gift or decoration
may be sold only with the approval of the Secretary of State upon a
determination that the sale will not adversely affect the foreign
relations of the United States.
(f)(1) Not later than January 31 of each year, each employing agency
or its delegate shall compile a listing of all statements filed during
the preceding year by the employees of that agency pursuant to
subsection (c)(3) and shall transmit such listing to the Secretary of
State who shall publish a comprehensive listing of all such statements
in the Federal Register.
(2) Such listings shall include for each tangible gift reported --
(A) the name and position of the employee;
(B) a brief description of the gift and the circumstances justifying
acceptance;
(C) the identity, if known, of the foreign government and the name
and position of the individual who presented the gift;
(D) the date of acceptance of the gift;
(E) the estimated value in the United States of the gift at the time
of acceptance; and
(F) disposition or current location of the gift.
(3) Such listings shall include for each gift of travel or travel
expenses --
(A) the name and position of the employee;
(B) a brief description of the gift and the circumstances justifying
acceptance; and
(C) the identity, if known, of the foreign government and the name
and position of the individual who presented the gift.
(4) In transmitting such listings for the Central Intelligence
Agency, the Director of Central Intelligence may delete the information
described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the
Director certifies in writing to the Secretary of State that the
publication of such information could adversely affect United States
intelligence sources.
(g)(1) Each employing agency shall prescribe such regulations as may
be necessary to carry out the purpose of this section. For all
employing agencies in the executive branch, such regulations shall be
prescribed pursuant to guidance provided by the Secretary of State.
These regulations shall be implemented by each employing agency for its
employees.
(2) Each employing agency shall --
(A) report to the Attorney General cases in which there is reason to
believe that an employee has violated this section;
(B) establish a procedure for obtaining an appraisal, when necessary,
of the value of gifts; and
(C) take any other actions necessary to carry out the purpose of this
section.
(h) The Attorney General may bring a civil action in any district
court of the United States against any employee who knowingly solicits
or accepts a gift from a foreign government not consented to by this
section or who fails to deposit or report such gift as required by this
section. The court in which such action is brought may assess a penalty
against such employee in any amount not to exceed the retail value of
the gift improperly solicited or received plus $5,000.
(i) The President shall direct all Chiefs of a United States
Diplomatic Mission to inform their host governments that it is a general
policy of the United States Government to prohibit United States
Government employees from receiving gifts or decorations of more than
minimal value.
(j) Nothing in this section shall be construed to derogate any
regulation prescribed by any employing agency which provides for more
stringent limitations on the receipt of gifts and decorations by its
employees.
(k) The provisions of this section do not apply to grants and other
forms of assistance to which section 108A of the Mutual Educational and
Cultural Exchange Act of 1961 applies.
(Added Pub. L. 90-83, 1(45)(C), Sept. 11, 1967, 81 Stat. 208, and
amended Pub. L. 95-105, title V, 515(a)(1), Aug. 17, 1977, 91 Stat.
862; Pub. L. 95-426, title VII, 712(a)-(c), Oct. 7, 1978, 92 Stat.
994; Pub. L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095.)
The definitions of ''employee'' and ''uniformed services'' in 5 U.S.
C. 2105 and 2101 are broad enough to cover the persons included in 22
U.S.C. 2621(1) with the exception of (1) individuals employed by, or
occupying an office or position in, the government of a territory or
possession of the United States or of the District of Columbia, (2) the
President, and (3) Members of Congress, who, accordingly, are covered in
paragraphs (B), (D), and (E). As the Canal Zone Government is an
independent agency of the United States, see section 31 of title 2,
Canal Zone Code, an employee thereof is an ''employee'' as defined in 5
U.S.C. 2105.
In subsection (b), the words ''An employee may not'' are substituted
for ''No person shall'' to conform to the definition applicable and
style of title 5, United States Code.
In subsection (c), the words ''under regulations prescribed under
this section'' are substituted for ''in accordance with the rules and
regulations issued pursuant to this Act''.
In subsection (e), the words ''The President may prescribe
regulations to carry out the purpose of this section'' are substituted
for ''Rules and regulations to carry out the purposes of this Act may be
prescribed by or under the authority of the President''. Under 3 U.
S.C. 301, the President may delegate the authority vested in him by this
subsection.
Section 152 of the Internal Revenue Code of 1986, referred to in
subsec. (a)(1)(G), is classified to section 152 of Title 26, Internal
Revenue Code.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (e)(1), is act June 30, 1949, ch. 288,
63 Stat. 377, as amended. Provisions of that act relating to disposal
of government property are classified to chapter 10 ( 471 et seq.) of
Title 40, Public Buildings, Property, and Works. For complete
classification of this Act to the Code, see Short Title note set out
under section 471 of Title 40 and Tables.
Section 501 of the Internal Revenue Code of 1986, referred to in
subsec. (e)(2), is classified to section 501 of Title 26, Internal
Revenue Code.
Section 108A of the Mutual Educational and Cultural Exchange Act of
1961, referred to in subsec. (k), is classified to section 2458a of
Title 22, Foreign Relations and Intercourse.
1986 -- Subsecs. (a)(1)(G), (e)(2). Pub. L. 99-514 substituted
''Internal Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.
1978 -- Subsec. (a)(6)(A). Pub. L. 95-426, 712(a)(1), substituted
''(e)(1)'' for ''(e)''.
Subsec. (a)(6)(B). Pub. L. 95-426, 712(a)(2), inserted '', except
that those responsibilities (other than responsibilities involving
approval of the employing agency) specified in subsection (c)(2), (d),
and (g)(2)(B) shall be carried out by the Secretary of the Senate''.
Subsec. (c)(2). Pub. L. 95-426, 712(b)(1), substituted ''subsection
(e)(1) or provide for its disposal in accordance with subsection (e)(
2)'' for ''subsection (e)''.
Subsec. (d). Pub. L. 95-426, 712(b)(2), substituted ''official use,
for forwarding'', for ''official use, or forwarding'', and ''subsection
(e)(1), or for disposal in accordance with subsection (e)(2)'' for
''subsection (e)''.
Subsec. (e). Pub. L. 95-426, 712(c), designated existing provisions
as par. (1), substituted ''Except as provided in paragraph (2), gifts''
for ''Gifts'', ''(A)'' and ''(B)'' for ''(1)'' and ''(2)'',
respectively, and added par. (2).
1977 -- Subsec. (a). Pub. L. 95-105 in par. (1) inserted provisions
expanding definition of ''employee'' to include an officer or employee
of the United States Postal Service or Postal Rate Commission, certain
experts and consultants, the Vice President, and any Delegate to
Congress, in par. (2) incorporated existing provisions into subpars.
(A) and (C) and added subpar. (B), in par. (3) substituted reference to
tangible or intangible present for reference to present, in par. (4)
inserted reference to award, and added pars. (5) and (6).
Subsec. (b). Pub. L. 95-105 designated existing provisions as par.
(1) and added par. (2).
Subsec. (c). Pub. L. 95-105 incorporated existing provisions of pars.
(1) and (2) into par. (1), inserted provisions giving congressional
consent to acceptance of a gift in the nature of an educational
scholarship, medical treatment, or travel or travel expenses, and added
pars. (2) and (3).
Subsec. (d). Pub. L. 95-105 struck out provisions requiring the
Secretary of State to concur with the approval of the employing agency
and substituted provisions requiring the employee to deposit property
within 60 days of acceptance with the employing agency for official use
or forwarding to the Administrator of General Services for disposal for
provisions requiring the employee to deposit the decoration for use and
disposal as the property of the United States under regulations
prescribed under this section.
Subsec. (e). Pub. L. 95-105 substituted provisions relating to the
disposal of decorations for provisions authorizing the President to
prescribe regulations to carry out the purposes of this section.
Subsecs. (f) to (k). Pub. L. 95-105 added subsecs. (f) to (k).
Section 515(a)(2) of Pub. L. 95-105 provided that: ''The amendment
made by paragraph (1) of this subsection (amending this section) shall
take effect on January 1, 1978.''
Section 712(d) of Pub. L. 95-426 provided that: ''In the event that
the space and facilities available to the Secretary of the Senate for
carrying out his responsibilities in storing and safeguarding property
in his custody under section 7342 of title 5, United States Code, are
insufficient for such purpose, he may, with the approval of the
Committee on Rules and Administration of the Senate, lease such space
and facilities as may be necessary for such purpose. Rental payments
under any such lease and expenses incurred in connection therewith shall
be paid from the contingent fund of the Senate upon vouchers approved by
the Secretary of the Senate.''
Section 33A of act Aug. 10, 1956, ch. 1041, as added by Pub. L.
85-861, Sept. 2, 1958, 33(e), 72 Stat. 1567, provided: ''A member or
former member of an armed force of the United States holding any office
of profit or trust under the United States may wear any decoration,
order, medal, or emblem accepted (1) under the Act of July 20, 1942,
chapter 508 (56 Stat. 662), or (2) before August 1, 1947, from the
government of a cobelligerent or neutral nation or an American
Republic.''
Ex. Ord. No. 11320, Dec. 12, 1966, 31 F.R. 15789, which delegated to
the Secretary of State the authority of the President under 22 U.S. C.
2626 to prescribe rules and regulations to carry out the Foreign Gifts
and Decorations Act of 1966, was revoked by Ex. Ord. No. 12553, Feb.
25, 1986, 51 F.R. 7237.
Ribbons From Multilateral Organizations Other Than
United Nations
Ex. Ord. No. 11446, Jan. 16, 1969, 34 F.R. 803, provided:
By virtue of the authority vested in me as President of the United
States and as Commander in Chief of the Armed Forces of the United
States, I hereby authorize the Secretary of Defense, with respect to
members of the Army, Navy, Air Force, and Marine Corps, and the
Secretary of Transportation, with respect to members of the Coast Guard
when it is not operating as a service in the Navy, to prescribe
regulations for the acceptance of medals and ribbons which are offered
by multilateral organizations, other than the United Nations, to members
of the Armed Forces of the United States in recognition of service
conducted under the auspices of those organizations. A determination
that service for a multilateral organization in a particular
geographical area or for a particular purpose constitutes a justifiable
basis for authorizing acceptance of the medal or ribbon offered to
eligible members of the Armed Forces of the United States shall be made
with the concurrence of the Secretary of State.
Lyndon B. Johnson.
15 section 278g; title 22 sections 2458a, 2694;
title 31 section 1353.
05 USC SUBCHAPTER V -- MISCONDUCT
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 7351. Gifts to superiors
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An employee may not --
(1) solicit a contribution from another employee for a gift to an
official superior;
(2) make a donation as a gift or give a gift to an official superior;
or
(3) accept a gift from an employee receiving less pay than himself.
(b) An employee who violates this section shall be subject to
appropriate disciplinary action by the employing agency or entity.
(c) Each supervising ethics office (as defined in section 7353(d)(
1)) is authorized to issue regulations implementing this section,
including regulations exempting voluntary gifts or contributions that
are given or received for special occasions such as marriage or
retirement or under other circumstances in which gifts are traditionally
given or exchanged.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 527; Pub. L. 101-194, title
III, 301, Nov. 30, 1989, 103 Stat. 1745; Pub. L. 101-280, 4( a), May 4,
1990, 104 Stat. 157.)
The application of the section is confined to employees, since the
President and Members of Congress, though officers, could not have been
intended to be ''summarily discharged'', and members of uniformed
services are not covered by this statute. In the last sentence, the
word ''removed'' is substituted for ''summarily discharged'' because of
the provisions of the Lloyd-LaFollette Act, 37 Stat. 555, as amended,
and the Veterans' Preference Act of 1944, 58 Stat. 387, as amended,
which are carried into this title.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1990 -- Subsec. (a)(2). Pub. L. 101-280, 4(a)(1), inserted ''or give
a gift'' after ''donation as a gift''.
Subsec. (c). Pub. L. 101-280, 4(a)(2), substituted ''Each supervising
ethics office (as defined in section 7353(d)(1))'' for ''The Office of
Government Ethics'' and ''circumstances in which gifts are traditionally
given or exchanged'' for ''similar circumstances''.
1989 -- Pub. L. 101-194 designated existing provisions as subsec.
(a), struck out ''An employee who violates this section shall be removed
from the service.'' at end, and added subsecs. (b) and (c).
Pub. L. 100-284, Apr. 7, 1988, 102 Stat. 81, provided: ''That,
except as the Office of Personnel Management may by regulation
prescribe, nothing in section 7351 of title 5, United States Code, shall
apply with respect to a solicitation, donation, or acceptance of leave
under any program under which, during the fiscal year ending on
September 30, 1988, unused accrued annual leave of officers or employees
of the Federal Government may be transferred for use by other officers
or employees who need such leave due to a personal emergency.''
Removals from competitive civil service only for cause, see section
7501 of this title.
05 USC 7352. Excessive and habitual use of intoxicants
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An individual who habitually uses intoxicating beverages to excess
may not be employed in the competitive service.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 527.)
The word ''employed'' is substituted for ''appointed to, or retained
in'' because it includes both.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 7353. Gifts to Federal employees
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Except as permitted by subsection (b), no Member of Congress or
officer or employee of the executive, legislative, or judicial branch
shall solicit or accept anything of value from a person --
(1) seeking official action from, doing business with, or (in the
case of executive branch officers and employees) conducting activities
regulated by, the individual's employing entity; or
(2) whose interests may be substantially affected by the performance
or nonperformance of the individual's official duties.
(b)(1) Each supervising ethics office is authorized to issue rules or
regulations implementing the provisions of this section and providing
for such reasonable exceptions as may be appropriate.
(2)(A) Subject to subparagraph (B), a Member, officer, or employee
may accept a gift pursuant to rules or regulations established by such
individual's supervising ethics office pursuant to paragraph (1).
(B) No gift may be accepted pursuant to subparagraph (A) in return
for being influenced in the performance of any official act.
(3) Nothing in this section precludes a Member, officer, or employee
from accepting gifts on behalf of the United States Government or any of
its agencies in accordance with statutory authority.
(c) A Member of Congress or an officer or employee who violates this
section shall be subject to appropriate disciplinary and other remedial
action in accordance with any applicable laws, Executive orders, and
rules or regulations.
(d) For purposes of this section --
(1) the term ''supervising ethics office'' means --
(A) the Committee on Standards of Official Conduct of the House of
Representatives or the House of Representatives as a whole, for Members,
officers, and employees of the House of Representatives;
(B) the Select Committee on Ethics of the Senate, or the Senate as a
whole, for Senators, officers, and employees of the Senate;
(C) the Judicial Conference of the United States for judges and
judicial branch officers and employees;
(D) the Office of Government Ethics for all executive branch officers
and employees; and
(E) in the case of legislative branch officers and employees other
than those specified in subparagraphs (A) and (B), the committee
referred to in either such subparagraph to which reports filed by such
officers and employees under title I of the Ethics in Government Act of
1978 are transmitted under such title, except that the authority of this
section may be delegated by such committee with respect to such officers
and employees; and
(2) the term ''officer or employee'' means an individual holding an
appointive or elective position in the executive, legislative, or
judicial branch of Government, other than a Member of Congress.
(Added Pub. L. 101-194, title III, 303(a), Nov. 30, 1989, 103 Stat.
1746, and amended Pub. L. 101-280, 4(d), May 4, 1990, 104 Stat. 158.)
The Ethics in Government Act of 1978, referred to in subsec. (d)(1)(
E), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended.
Title I of the Act, which was classified principally to chapter 18 ( 701
et seq.) of Title 2, The Congress, was amended generally by Pub. L.
101-194, title II, 202, Nov. 30, 1989, 103 Stat. 1724, and as so
amended, is set out in the Appendix to this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 101 of Pub. L. 95-521 in the Appendix to this title and
Tables.
1990 -- Subsec. (a). Pub. L. 101-280, 4(d)(1)(A), substituted
''branch'' for ''branches'' in introductory provisions.
Subsec. (a)(1). Pub. L. 101-280, 4(d)(1)(B), substituted ''by, the''
for ''by the'' and ''entity'' for ''agency''.
Subsec. (c). Pub. L. 101-280, 4(d)(2), substituted ''A Member of
Congress or an officer or employee'' for ''An employee''.
Subsec. (d)(1)(B). Pub. L. 101-280, 4(d)(3)(A)(i), substituted
''officers,'' for ''officers''.
Subsec. (d)(1)(E). Pub. L. 101-280, 4(d)(3)(A)(ii), amended subpar.
(E) generally. Prior to amendment, subpar. (E) read as follows: ''the
ethics committee with which the officer or employee is required to file
financial disclosure forms, for all legislative branch officers and
employees other than those specified in subparagraphs (A) and (B),
except that such authority may be delegated; and''.
Subsec. (d)(2). Pub. L. 101-280, 4(d)(3)(B), substituted
''Government,'' for ''Government''.
05 USC SUBCHAPTER VI -- DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 7361. Drug abuse
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Office of Personnel Management shall be responsible for
developing, in cooperation with the President, with the Secretary of
Health and Human Services (acting through the National Institute on Drug
Abuse), and with other agencies, and in accordance with applicable
provisions of this subchapter, appropriate prevention, treatment, and
rehabilitation programs and services for drug abuse among employees.
Such agencies are encouraged to extend, to the extent feasible, such
programs and services to the families of employees and to employees who
have family members who are drug abusers. Such programs and services
shall make optimal use of existing governmental facilities, services,
and skills.
(b) Section 527 /1/ of the Public Health Service Act (42 U.S.C.
290ee-3), relating to confidentiality of records, and any regulations
prescribed thereunder, shall apply with respect to records maintained
for the purpose of carrying out this section.
(c) Each agency shall, with respect to any programs or services
provided by such agency, submit such written reports as the Office may
require in connection with any report required under section 7363 of
this title.
(d) For the purpose of this section, the term ''agency'' means an
Executive agency.
(Added Pub. L. 99-570, title VI, 6002(a)(1), Oct. 27, 1986, 100 Stat.
3207-157.)
Section 527 of the Public Health Service Act, referred to in subsec.
(b), was renumbered section 548 of that Act by Pub. L. 100-77, title
VI, 611(2), July 22, 1987, 101 Stat. 516.
Section 6003 of Pub. L. 99-570 provided that:
''(a) Establishment. -- The Director of the Office of Personnel
Management shall, in consultation with the Secretary of Health and Human
Services, establish a Government-wide education program, using seminars
and such other methods as the Director considers appropriate, to carry
out the purposes prescribed in subsection (b).
''(b) Purposes. -- The program established under this section shall
be designed to provide information to Federal Government employees with
respect to --
''(1) the short-term and long-term health hazards associated with
alcohol abuse and drug abuse;
''(2) the symptoms of alcohol abuse and drug abuse;
''(3) the availability of any prevention, treatment, or
rehabilitation programs or services relating to alcohol abuse or drug
abuse, whether provided by the Federal Government or otherwise;
''(4) confidentiality protections afforded in connection with any
prevention, treatment, or rehabilitation programs or services;
''(5) any penalties provided under law or regulation, and any
administrative action (permissive or mandatory), relating to the use of
alcohol or drugs by a Federal Government employee or the failure to seek
or receive appropriate treatment or rehabilitation services; and
''(6) any other matter which the Director considers appropriate.''
/1/ See References in Text note below.
05 USC 7362. Alcohol abuse and alcoholism
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Office of Personnel Management shall be responsible for
developing, in cooperation with the Secretary of Health and Human
Services and with other agencies, and in accordance with applicable
provisions of this subpart, appropriate prevention, treatment, and
rehabilitation programs and services for alcohol abuse and alcoholism
among employees. Such agencies are encouraged to extend, to the extent
feasible, such programs and services to the families of alcoholic
employees and to employees who have family members who are alcoholics.
Such programs and services shall make optimal use of existing
governmental facilities, services, and skills.
(b) Section 523 /1/ of the Public Health Service Act (42 U.S.C.
290dd-3), relating to confidentiality of records, and any regulations
prescribed thereunder, shall apply with respect to records maintained
for the purpose of carrying out this section.
(c) Each agency shall, with respect to any programs or services
provided by such agency, submit such written reports as the Office may
require in connection with any report required under section 7363 of
this title.
(d) For the purpose of this section, the term ''agency'' means an
Executive agency.
(Added Pub. L. 99-570, title VI, 6002(a)(1), Oct. 27, 1986, 100 Stat.
3207-157.)
Section 523 of the Public Health Service Act, referred to in subsec.
(b), was renumbered section 544 of that Act by Pub. L. 100-77, title
VI, 611(2), July 22, 1987, 101 Stat. 516.
/1/ See References in Text note below.
05 USC 7363. Reports to Congress
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Office of Personnel Management shall, within 6 months after
the date of the enactment of the Federal Employee Substance Abuse
Education and Treatment Act of 1986 and annually thereafter, submit to
each House of Congress a report containing the matters described in
subsection (b).
(b) Each report under this section shall include --
(1) a description of any programs or services provided under section
7361 or 7362 of this title, including the costs associated with each
such program or service and the source and adequacy of any funding /1/
such program or service;
(2) a description of the levels of participation in each program and
service provided under section 7361 or 7362 of this title, and the
effectiveness of such programs and services;
(3) a description of the training and qualifications required of the
personnel providing any program or service under section 7361 or 7362 of
this title;
(4) a description of the training given to supervisory personnel in
connection with recognizing the symptoms of drug or alcohol abuse and
the procedures (including those relating to confidentiality) under which
individuals are referred for treatment, rehabilitation, or other
assistance;
(5) any recommendations for legislation considered appropriate by the
Office and any proposed administrative actions; and
(6) information describing any other related activities under section
7904 of this title, and any other matter which the Office considers
appropriate.
(Added Pub. L. 99-570, title VI, 6002(a)(1), Oct. 27, 1986, 100 Stat.
3207-158.)
The date of the enactment of the Federal Employee Substance Abuse
Education and Treatment Act of 1986, referred to in subsec. (a), is the
date of enactment of title VI of Pub. L. 99-570 which was approved Oct.
27, 1986.
/1/ So in original. Probably should be followed by ''of''.
05 USC CHAPTER 75 -- ADVERSE ACTIONS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec.
7501. Definitions.
7502. Actions covered.
7503. Cause and procedure.
7504. Regulations.
7511. Definitions; application.
7512. Actions covered.
7513. Cause and procedure.
7514. Regulations.
7521. Actions against administrative law judges.
7531. Definitions.
7532. Suspension and removal.
7533. Effect on other statutes.
7541. Definitions.
7542. Actions covered.
7543. Cause and procedure.
1978 -- Pub. L. 95-454, title II, 204(b), title IV, 411(1), Oct.
13, 1978, 92 Stat. 1137, 1173, substituted ''SUSPENSION OF 14 DAYS OR
LESS'' for ''COMPETITIVE SERVICE'' in subchapter I heading, substituted
''Definitions'' for ''Cause; procedure; exception'' in item 7501,
added items 7502 to 7504, substituted ''REMOVAL, SUSPENSION FOR MORE
THAN 14 DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR
LESS'' for ''PREFERENCE ELIGIBLES'' in subchapter II heading, inserted
''; application'' in item 7511, substituted ''Actions covered'' for
''Cause; procedure; exception'' in item 7512, added items 7513 and
7514, substituted ''ADMINISTRATIVE LAW JUDGES'' for ''HEARING
EXAMINERS'' in subchapter III heading, substituted ''Actions against
administrative law judges'' for ''Removal'' in item 7521, and added
subchapter V heading and items 7541 to 7543.
section 1005; title 41 section 423; title 42 section
237.
/1/ So in original. Does not conform to subchapter heading.
05 USC SUBCHAPTER I -- SUSPENSION FOR 14 DAYS OR LESS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
1978 -- Pub. L. 95-454, title II, 204(a), Oct. 13, 1978, 92 Stat.
1134, substituted ''SUSPENSION FOR 14 DAYS OR LESS'' for ''COMPETITIVE
SERVICE'' in subchapter heading.
05 USC 7501. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
For the purpose of this subchapter --
(1) ''employee'' means an individual in the competitive service who
is not serving a probationary or trial period under an initial
appointment or who has completed 1 year of current continuous employment
in the same or similar positions under other than a temporary
appointment limited to 1 year or less; and
(2) ''suspension'' means the placing of an employee, for disciplinary
reasons, in a temporary status without duties and pay.
(Added Pub. L. 95-454, title II, 204(a), Oct. 13, 1978, 92 Stat.
1134.)
A prior section 7501, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 527,
which related to removal or suspension without pay of an individual in
the competitive service and procedures applicable to such removal or
suspension, was repealed by Pub. L. 95-454, 204(a).
Subchapter effective 90 days after Oct. 13, 1978, see section 907 of
Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note
under section 1101 of this title.
Pub. L. 101-376, 1, Aug. 17, 1990, 104 Stat. 461, provided that:
''This Act (amending sections 4303, 7511, and 7701 of this title and
enacting provisions set out as notes under section 4303 of this title)
may be cited as the 'Civil Service Due Process Amendments'.''
05 USC 7502. Actions covered
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
This subchapter applies to a suspension for 14 days or less, but does
not apply to a suspension under section 7521 or 7532 of this title or
any action initiated under section 1215 of this title.
(Added Pub. L. 95-454, title II, 204(a), Oct. 13, 1978, 92 Stat.
1135, and amended Pub. L. 101-12, 9(a)(2), Apr. 10, 1989, 103 Stat.
35.)
1989 -- Pub. L. 101-12 substituted ''1215'' for ''1206''.
Amendment by Pub. L. 101-12 effective 90 days following Apr. 10,
1989, see section 11 of Pub. L. 101-12, set out as a note under section
1201 of this title.
05 USC 7503. Cause and procedure
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Under regulations prescribed by the Office of Personnel
Management, an employee may be suspended for 14 days or less for such
cause as will promote the efficiency of the service (including
discourteous conduct to the public confirmed by an immediate
supervisor's report of four such instances within any one-year period or
any other pattern of discourteous conduct).
(b) An employee against whom a suspension for 14 days or less is
proposed is entitled to --
(1) an advance written notice stating the specific reasons for the
proposed action;
(2) a reasonable time to answer orally and in writing and to furnish
affidavits and other documentary evidence in support of the answer;
(3) be represented by an attorney or other representative; and
(4) a written decision and the specific reasons therefor at the
earliest practicable date.
(c) Copies of the notice of proposed action, the answer of the
employee if written, a summary thereof if made orally, the notice of
decision and reasons therefor, and any order effecting /1/ the
suspension, together with any supporting material, shall be maintained
by the agency and shall be furnished to the Merit Systems Protection
Board upon its request and to the employee affected upon the employee's
request.
(Added Pub. L. 95-454, title II, 204(a), Oct. 13, 1978, 92 Stat.
1135.)
/1/ So in original. Probably should be ''affecting''.
05 USC 7504. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management may prescribe regulations to carry
out the purpose of this subchapter.
(Added Pub. L. 95-454, title II, 204(a), Oct. 13, 1978, 92 Stat.
1135.)
05 USC SUBCHAPTER II -- REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS,
REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
1978 -- Pub. L. 95-454, title II, 204(a), Oct. 13, 1978, 92 Stat.
1135, substituted ''REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION
IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS'' for ''PREFERENCE
ELIGIBLES'' in subchapter heading.
05 USC 7511. Definitions; application
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For the purpose of this subchapter --
(1) ''employee'' means --
(A) an individual in the competitive service --
(i) who is not serving a probationary or trial period under an
initial appointment; or
(ii) who has completed 1 year of current continuous service under
other than a temporary appointment limited to 1 year or less;
(B) a preference eligible in the excepted service who has completed 1
year of current continuous service in the same or similar positions --
(i) in an Executive agency; or
(ii) in the United States Postal Service or Postal Rate Commission;
and
(C) an individual in the excepted service (other than a preference
eligible) --
(i) who is not serving a probationary or trial period under an
initial appointment pending conversion to the competitive service; or
(ii) who has completed 2 years of current continuous service in the
same or similar positions in an Executive agency under other than a
temporary appointment limited to 2 years or less;
(2) ''suspension'' has the same meaning as set forth in section
7501(2) of this title;
(3) ''grade'' means a level of classification under a position
classification system;
(4) ''pay'' means the rate of basic pay fixed by law or
administrative action for the position held by an employee; and
(5) ''furlough'' means the placing of an employee in a temporary
status without duties and pay because of lack of work or funds or other
nondisciplinary reasons.
(b) This subchapter does not apply to an employee --
(1) whose appointment is made by and with the advice and consent of
the Senate;
(2) whose position has been determined to be of a confidential,
policy-determining, policy-making or policy-advocating character by --
(A) the President for a position that the President has excepted from
the competitive service;
(B) the Office of Personnel Management for a position that the Office
has excepted from the competitive service; or
(C) the President or the head of an agency for a position excepted
from the competitive service by statute;
(3) whose appointment is made by the President;
(4) who is receiving an annuity from the Civil Service Retirement and
Disability Fund, or the Foreign Service Retirement and Disability Fund,
based on the service of such employee;
(5) who is described in section 8337(h)(1), relating to technicians
in the National Guard;
(6) who is a member of the Foreign Service, as described in section
103 of the Foreign Service Act of 1980;
(7) whose position is with the Central Intelligence Agency, the
General Accounting Office, or the Veterans Health Services and Research
Administration;
(8) whose position is within the United States Postal Service, the
Postal Rate Commission, the Panama Canal Commission, the Tennessee
Valley Authority, the Federal Bureau of Investigation, the National
Security Agency, the Defense Intelligence Agency, or an intelligence
activity of a military department covered under section 1590 of title
10, unless subsection (a)(1)(B) of this section or section 1005(a) of
title 39 is the basis for this subchapter's applicability; or
(9) who is described in section 5102(c)(11) of this title.
(c) The Office may provide for the application of this subchapter to
any position or group of positions excepted from the competitive service
by regulation of the Office which is not otherwise covered by this
subchapter.
(Added Pub. L. 95-454, title II, 204(a), Oct. 13, 1978, 92 Stat.
1135, and amended Pub. L. 101-376, 2(a), Aug. 17, 1990, 104 Stat. 461.)
Section 103 of the Foreign Service Act of 1980, referred to in
subsec. (b)(6), is classified to section 3903 of Title 22, Foreign
Relations and Intercourse.
A prior section 7511, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 528;
Pub. L. 94-183, 2(30), Dec. 31, 1975, 89 Stat. 1058, which defined the
terms ''preference eligible employee'' and ''adverse action'' for
purposes of this subchapter, was repealed by Pub. L. 95-454, 204(a).
1990 -- Pub. L. 101-376 amended section generally. Prior to
amendment, section read as follows:
''(a) For the purpose of this subchapter --
''(1) 'employee' means --
''(A) an individual in the competitive service who is not serving a
probationary or trial period under an initial appointment or who has
completed 1 year of current continuous employment under other than a
temporary appointment limited to 1 year or less; and
''(B) a preference eligible in an Executive agency in the excepted
service, and a preference eligible in the United States Postal Service
or the Postal Rate Commission, who has completed 1 year of current
continuous service in the same or similar positions;
''(2) 'suspension' has the meaning as set forth in section 7501(2) of
this title;
''(3) 'grade' means a level of classification under a position
classification system;
''(4) 'pay' means the rate of basic pay fixed by law or
administrative action for the position held by an employee; and
''(5) 'furlough' means the placing of an employee in a temporary
status without duties and pay because of lack of work or funds or other
nondisciplinary reasons.
''(b) This subchapter does not apply to an employee --
''(1) whose appointment is made by and with the advice and consent of
the Senate;
''(2) whose position has been determined to be of a confidential,
policy-determining, policy-making or policy-advocating character by --
''(A) the Office of Personnel Management for a position that it has
excepted from the competitive service; or
''(B) the President or the head of an agency for a position which is
excepted from the competitive service by statute.
''(c) The Office may provide for the application of this subchapter
to any position or group of positions excepted from the competitive
service by regulation of the Office.''
Amendment by Pub. L. 101-376 applicable with respect to any
personnel action taking effect on or after Aug. 17, 1990, see section
2(c) of Pub. L. 101-376, set out as a note under section 4303 of this
title.
Subchapter effective 90 days after Oct. 13, 1978, see section 907 of
Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note
under section 1101 of this title.
22 section 1438; title 25 section 2011; title
32 section 709; title 39 section 1005.
05 USC 7512. Actions covered
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
This subchapter applies to --
(1) a removal;
(2) a suspension for more than 14 days;
(3) a reduction in grade;
(4) a reduction in pay; and
(5) a furlough of 30 days or less;
but does not apply to --
(A) a suspension or removal under section 7532 of this title,
(B) a reduction-in-force action under section 3502 of this title,
(C) the reduction in grade of a supervisor or manager who has not
completed the probationary period under section 3321(a)(2) of this title
if such reduction is to the grade held immediately before becoming such
a supervisor or manager,
(D) a reduction in grade or removal under section 4303 of this title,
or
(E) an action initiated under section 1215 or 7521 of this title.
(Added Pub. L. 95-454, title II, 204(a), Oct. 13, 1978, 92 Stat.
1136, and amended Pub. L. 101-12, 9(a)(2), Apr. 10, 1989, 103 Stat.
35.)
A prior section 7512, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 528,
which related to adverse action against a preference eligible employee
and procedures applicable to such adverse action, was repealed by Pub.
L. 95-454, 204(a).
1989 -- Par. (E). Pub. L. 101-12 substituted ''1215'' for ''1206''.
Amendment by Pub. L. 101-12 effective 90 days following Apr. 10,
1989, see section 11 of Pub. L. 101-12, set out as a note under section
1201 of this title.
1438; title 32 section 709; title 50 sections 832,
833.
05 USC 7513. Cause and procedure
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Under regulations prescribed by the Office of Personnel
Management, an agency may take an action covered by this subchapter
against an employee only for such cause as will promote the efficiency
of the service.
(b) An employee against whom an action is proposed is entitled to --
(1) at least 30 days' advance written notice, unless there is
reasonable cause to believe the employee has committed a crime for which
a sentence of imprisonment may be imposed, stating the specific reasons
for the proposed action;
(2) a reasonable time, but not less than 7 days, to answer orally and
in writing and to furnish affidavits and other documentary evidence in
support of the answer;
(3) be represented by an attorney or other representative; and
(4) a written decision and the specific reasons therefor at the
earliest practicable date.
(c) An agency may provide, by regulation, for a hearing which may be
in lieu of or in addition to the opportunity to answer provided under
subsection (b)(2) of this section.
(d) An employee against whom an action is taken under this section is
entitled to appeal to the Merit Systems Protection Board under section
7701 of this title.
(e) Copies of the notice of proposed action, the answer of the
employee when written, a summary thereof when made orally, the notice of
decision and reasons therefor, and any order effecting an action covered
by this subchapter, together with any supporting material, shall be
maintained by the agency and shall be furnished to the Board upon its
request and to the employee affected upon the employee's request.
(Added Pub. L. 95-454, title II, 204(a), Oct. 13, 1978, 92 Stat.
1136.)
05 USC 7514. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management may prescribe regulations to carry
out the purpose of this subchapter, except as it concerns any matter
with respect to which the Merit Systems Protection Board may prescribe
regulations.
(Added Pub. L. 95-454, title II, 204(a), Oct. 13, 1978, 92 Stat.
1137.)
05 USC SUBCHAPTER III -- ADMINISTRATIVE LAW JUDGES
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
1978 -- Pub. L. 95-454, title II, 204(a), Oct. 13, 1978, 92 Stat.
1137, substituted ''ADMINISTRATIVE LAW JUDGES'' for ''HEARING
EXAMINERS'' in subchapter heading.
05 USC 7521. Actions against administrative law judges
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An action may be taken against an administrative law judge
appointed under section 3105 of this title by the agency in which the
administrative law judge is employed only for good cause established and
determined by the Merit Systems Protection Board on the record after
opportunity for hearing before the Board.
(b) The actions covered by this section are --
(1) a removal;
(2) a suspension;
(3) a reduction in grade;
(4) a reduction in pay; and
(5) a furlough of 30 days or less;
but do not include --
(A) a suspension or removal under section 7532 of this title;
(B) a reduction-in-force action under section 3502 of this title;
or
(C) any action initiated under section 1215 of this title.
(Added Pub. L. 95-454, title II, 204(a), Oct. 13, 1978, 92 Stat.
1137, and amended Pub. L. 101-12, 9(a)(2), Apr. 10, 1989, 103 Stat.
35.)
A prior section 7521, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 528;
Pub. L. 95-251, 2(a)(1), Mar. 27, 1978, 92 Stat. 183, which related to
removal of an administrative law judge appointed under section 3105 of
this title, was repealed by Pub. L. 95-454, 204(a).
1989 -- Subsec. (b)(C). Pub. L. 101-12 substituted ''1215'' for
''1206''.
Amendment by Pub. L. 101-12 effective 90 days following Apr. 10,
1989, see section 11 of Pub. L. 101-12, set out as a note under section
1201 of this title.
Section effective 90 days after Oct. 13, 1978, see section 907 of
Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note
under section 1101 of this title.
section 661; title 30 section 823; title 38 section
7801; title 39 section 3601; title 42 sections
2000e-4, 3608.
05 USC SUBCHAPTER IV -- NATIONAL SECURITY
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 7531. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
For the purpose of this subchapter, ''agency'' means --
(1) the Department of State;
(2) the Department of Commerce;
(3) the Department of Justice;
(4) the Department of Defense;
(5) a military department;
(6) the Coast Guard;
(7) the Atomic Energy Commission;
(8) the National Aeronautics and Space Administration; and
(9) such other agency of the Government of the United States as the
President designates in the best interests of national security.
The President shall report any designation to the Committees on the
Armed Services of the Congress.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 528.)
Paragraphs (1)-(8) are supplied on authority of former section 22-1,
which is carried in part into section 7532. The references to ''the
Foreign Service of the United States'' and ''several field services''
are omitted as unnecessary since they are within the agencies concerned.
The words ''military departments'' are substituted for the enumeration
of the military departments in view of the definition of ''military
department'' in section 102.
The reference to the National Security Resources Board is omitted as
the Board was abolished by 1953 Reorg. Plan No. 3, 6, eff. June 12,
1953, 67 Stat. 636.
Paragraph (9) is restated to conform to the style of this title.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See,
also, Transfer of Functions notes set out under those sections.
Ex. Ord. No. 10237, Apr. 27, 1951, 16 F.R. 3627, made the provisions
of former sections 22-1 and 22-3 of this title (see Disposition Table
preceding section 101 of this title) applicable to the Panama Canal
Government and to the Panama Canal Company.
Memorandum of the President of the United States, May 23, 1988, 53
F.R. 26023, provided:
Memorandum for the Secretary of Defense
I have reviewed the personnel security requirements of the National
Security Agency, the Defense Intelligence Agency, and the Defense
Mapping Agency and the termination provisions of 5 U.S.C. Section 7532.
I have determined that these Agencies are sensitive agencies and that it
is in the best interests of national security that they be designated
''agencies'' within the meaning of that section.
Therefore, pursuant to the authority set forth in 5 U.S.C. Section
7531(9), I hereby designate the National Security Agency, the Defense
Intelligence Agency, and the Defense Mapping Agency as ''agencies''
within the meaning of 5 U.S.C. Section 7532.
You are hereby authorized and directed to report these designations
to the Committees on Armed Services of the Congress and to publish this
memorandum in the Federal Register.
Ronald Reagan.
05 USC 7532. Suspension and removal
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Notwithstanding other statutes, the head of an agency may suspend
without pay an employee of his agency when he considers that action
necessary in the interests of national security. To the extent that the
head of the agency determines that the interests of national security
permit, the suspended employee shall be notified of the reasons for the
suspension. Within 30 days after the notification, the suspended
employee is entitled to submit to the official designated by the head of
the agency statements or affidavits to show why he should be restored to
duty.
(b) Subject to subsection (c) of this section, the head of an agency
may remove an employee suspended under subsection (a) of this section
when, after such investigation and review as he considers necessary, he
determines that removal is necessary or advisable in the interests of
national security. The determination of the head of the agency is
final.
(c) An employee suspended under subsection (a) of this section who --
(1) has a permanent or indefinite appointment;
(2) has completed his probationary or trial period; and
(3) is a citizen of the United States;
is entitled, after suspension and before removal, to --
(A) a written statement of the charges against him within 30 days
after suspension, which may be amended within 30 days thereafter and
which shall be stated as specifically as security considerations permit;
(B) an opportunity within 30 days thereafter, plus an additional 30
days if the charges are amended, to answer the charges and submit
affidavits;
(C) a hearing, at the request of the employee, by an agency authority
duly constituted for this purpose;
(D) a review of his case by the head of the agency or his designee,
before a decision adverse to the employee is made final; and
(E) a written statement of the decision of the head of the agency.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 529.)
The application of this section is covered by the definition in
section 7531.
In subsection (a), the words ''Notwithstanding the provisions of
section 652 of this title'' are omitted but are carried into section
7501(c). The words ''in his absolute discretion'' are omitted as
unnecessary in view of the permissive grant of authority. The word
''reinstated'' is omitted as it is commonly used in other statutes to
denote action different from that referred to here.
In subsections (b) and (c), the words ''remove'' and ''removal'' are
coextensive with and substituted for ''terminate the employment'',
''termination'', and ''employment is terminated'', as appropriate.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
National Security Agency --
Board of appraisal, personnel appraisal not prerequisite to action
under this section, see section 832 of Title 50, War and National
Defense.
Employment, termination notwithstanding this section, see section 833
of Title 50.
Restoration to duty of persons suspended or removed under this
section, see section 3571 of this title.
sections 832, 833.
05 USC 7533. Effect on other statutes
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
This subchapter does not impair the powers vested in the Atomic
Energy Commission by chapter 23 of title 42, or the requirement in
section 2201(d) of title 42 that adequate provision be made for
administrative review of a determination to dismiss an employee of the
Atomic Energy Commission.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 529.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See,
also, Transfer of Functions notes set out under those sections.
05 USC SUBCHAPTER V -- SENIOR EXECUTIVE SERVICE
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 7541. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
For the purpose of this subchapter --
(1) ''employee'' means a career appointee in the Senior Executive
Service who --
(A) has completed the probationary period prescribed under section
3393(d) of this title; or
(B) was covered by the provisions of subchapter II of this chapter
immediately before appointment to the Senior Executive Service; and
(2) ''suspension'' has the meaning set forth in section 7501(2) of
this title.
(Added Pub. L. 95-454, title IV, 411(2), Oct. 13, 1978, 92 Stat.
1174.)
Subchapter effective 9 months after Oct. 13, 1978, and congressional
review of provisions of sections 401 through 412 of Pub. L. 95-454, see
section 415 of Pub. L. 95-454, set out as a note under section 3131 of
this title.
05 USC 7542. Actions covered
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
This subchapter applies to a removal from the civil service or
suspension for more than 14 days, but does not apply to an action
initiated under section 1215 of this title, to a suspension or removal
under section 7532 of this title, or to a removal under section 3592 or
3595 of this title.
(Added Pub. L. 95-454, title IV, 411(2), Oct. 13, 1978, 92 Stat.
1174, and amended Pub. L. 97-35, title XVII, 1704(d)(1), Aug. 13, 1981,
95 Stat. 758; Pub. L. 101-12, 9(a)(2), Apr. 10, 1989, 103 Stat. 35.)
1989 -- Pub. L. 101-12 substituted ''1215'' for ''1206''.
1981 -- Pub. L. 97-35 inserted reference to section 3595 of this
title.
Amendment by Pub. L. 101-12 effective 90 days following Apr. 10,
1989, see section 11 of Pub. L. 101-12, set out as a note under section
1201 of this title.
Amendment by Pub. L. 97-35 effective June 1, 1981, with certain
exceptions and conditions, see section 1704(e) of Pub. L. 97-35, set
out as an Effective Date note under section 3595 of this title.
05 USC 7543. Cause and procedure
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Under regulations prescribed by the Office of Personnel
Management, an agency may take an action covered by this subchapter
against an employee only for misconduct, neglect of duty, malfeasance,
or failure to accept a directed reassignment or to accompany a position
in a transfer of function.
(b) An employee against whom an action covered by this subchapter is
proposed is entitled to --
(1) at least 30 days' advance written notice, unless there is
reasonable cause to believe that the employee has committed a crime for
which a sentence of imprisonment can be imposed, stating specific
reasons for the proposed action;
(2) a reasonable time, but not less than 7 days, to answer orally and
in writing and to furnish affidavits and other documentary evidence in
support of the answer;
(3) be represented by an attorney or other representative; and
(4) a written decision and specific reasons therefor at the earliest
practicable date.
(c) An agency may provide, by regulation, for a hearing which may be
in lieu of or in addition to the opportunity to answer provided under
subsection (b)(2) of this section.
(d) An employee against whom an action is taken under this section is
entitled to appeal to the Merit Systems Protection Board under section
7701 of this title.
(e) Copies of the notice of proposed action, the answer of the
employee when written, and a summary thereof when made orally, the
notice of decision and reasons therefor, and any order effecting an
action covered by this subchapter, together with any supporting
material, shall be maintained by the agency and shall be furnished to
the Merit Systems Protection Board upon its request and to the employee
affected upon the employee's request.
(Added Pub. L. 95-454, title IV, 411(2), Oct. 13, 1978, 92 Stat.
1174, and amended Pub. L. 97-35, title XVII, 1704(d)(2), Aug. 13, 1981,
95 Stat. 758; Pub. L. 98-615, title III, 304(c), Nov. 8, 1984, 98 Stat.
3219.)
1984 -- Subsec. (a). Pub. L. 98-615 inserted reference to failure to
accept a directed reassignment or to accompany a position in a transfer
of function.
1981 -- Subsec. (a). Pub. L. 97-35 substituted ''misconduct, neglect
of duty, or malfeasance'' for ''such cause as will promote the
efficiency of the service''.
Amendment by Pub. L. 98-615 effective Nov. 8, 1984, see section 307
of Pub. L. 98-615, set out as a note under section 3135 of this title.
Amendment by Pub. L. 97-35 effective June 1, 1981, with certain
exceptions and conditions, see section 1704(e) of Pub. L. 97-35, set
out as an Effective Date note under section 3595 of this title.
733.
05 USC CHAPTER 77 -- APPEALS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec.
7701. Appellate procedures.
7702. Actions involving discrimination.
7703. Judicial review of decisions of the Merit Systems Protection
Board.
1978 -- Pub. L. 95-454, title II, 205, Oct. 13, 1978, 92 Stat.
1138, substituted ''Appellate procedures'' for ''Appeals of preference
eligibles'' in item 7701, and added items 7702 and 7703.
05 USC 7701. Appellate procedures
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An employee, or applicant for employment, may submit an appeal to
the Merit Systems Protection Board from any action which is appealable
to the Board under any law, rule, or regulation. An appellant shall
have the right --
(1) to a hearing for which a transcript will be kept; and
(2) to be represented by an attorney or other representative.
Appeals shall be processed in accordance with regulations prescribed
by the Board.
(b)(1) The Board may hear any case appealed to it or may refer the
case to an administrative law judge appointed under section 3105 of this
title or other employee of the Board designated by the Board to hear
such cases, except that in any case involving a removal from the
service, the case shall be heard by the Board, an employee experienced
in hearing appeals, or an administrative law judge. The Board,
administrative law judge, or other employee (as the case may be) shall
make a decision after receipt of the written representations of the
parties to the appeal and after opportunity for a hearing under
subsection (a)(1) of this section. A copy of the decision shall be
furnished to each party to the appeal and to the Office of Personnel
Management.
(2)(A) If an employee or applicant for employment is the prevailing
party in an appeal under this subsection, the employee or applicant
shall be granted the relief provided in the decision effective upon the
making of the decision, and remaining in effect pending the outcome of
any petition for review under subsection (e), unless --
(i) the deciding official determines that the granting of such relief
is not appropriate; or
(ii)(I) the relief granted in the decision provides that such
employee or applicant shall return or be present at the place of
employment during the period pending the outcome of any petition for
review under subsection (e); and
(II) the employing agency, subject to the provisions of subparagraph
(B), determines that the return or presence of such employee or
applicant is unduly disruptive to the work environment.
(B) If an agency makes a determination under subparagraph (A)(ii)(
II) that prevents the return or presence of an employee at the place of
employment, such employee shall receive pay, compensation, and all other
benefits as terms and conditions of employment during the period pending
the outcome of any petition for review under subsection (e).
(C) Nothing in the provisions of this paragraph may be construed to
require any award of back pay or attorney fees be paid before the
decision is final.
(3) With respect to an appeal from an adverse action covered by
subchapter V of chapter 75, authority to mitigate the personnel action
involved shall be available, subject to the same standards as would
apply in an appeal involving an action covered by subchapter II of
chapter 75 with respect to which mitigation authority under this section
exists.
(c)(1) Subject to paragraph (2) of this subsection, the decision of
the agency shall be sustained under subsection (b) only if the agency's
decision --
(A) in the case of an action based on unacceptable performance
described in section 4303 or a removal from the Senior Executive Service
for failure to be recertified under section 3393a of this title, is
supported by substantial evidence, or
(B) in any other case, is supported by a preponderance of the
evidence.
(2) Notwithstanding paragraph (1), the agency's decision may not be
sustained under subsection (b) of this section if the employee or
applicant for employment --
(A) shows harmful error in the application of the agency's procedures
in arriving at such decision;
(B) shows that the decision was based on any prohibited personnel
practice described in section 2302(b) of this title; or
(C) shows that the decision was not in accordance with law.
(d)(1) In any case in which --
(A) the interpretation or application of any civil service law, rule,
or regulation, under the jurisdiction of the Office of Personnel
Management is at issue in any proceeding under this section; and
(B) the Director of the Office of Personnel Management is of the
opinion that an erroneous decision would have a substantial impact on
any civil service law, rule, or regulation under the jurisdiction of the
Office;
the Director may as a matter of right intervene or otherwise
participate in that proceeding before the Board. If the Director
exercises his right to participate in a proceeding before the Board, he
shall do so as early in the proceeding as practicable. Nothing in this
title shall be construed to permit the Office to interfere with the
independent decisionmaking of the Merit Systems Protection Board.
(2) The Board shall promptly notify the Director whenever the
interpretation of any civil service law, rule, or regulation under the
jurisdiction of the Office is at issue in any proceeding under this
section.
(e)(1) Except as provided in section 7702 of this title, any decision
under subsection (b) of this section shall be final unless --
(A) a party to the appeal or the Director petitions the Board for
review within 30 days after the receipt of the decision; or
(B) the Board reopens and reconsiders a case on its own motion.
The Board, for good cause shown, may extend the 30-day period
referred to in subparagraph (A) of this paragraph. One member of the
Board may grant a petition or otherwise direct that a decision be
reviewed by the full Board. The preceding sentence shall not apply if,
by law, a decision of an administrative law judge is required to be
acted upon by the Board.
(2) The Director may petition the Board for a review under paragraph
(1) of this subsection only if the Director is of the opinion that the
decision is erroneous and will have a substantial impact on any civil
service law, rule, or regulation under the jurisdiction of the Office.
(f) The Board, or an administrative law judge or other employee of
the Board designated to hear a case, may --
(1) consolidate appeals filed by two or more appellants, or
(2) join two or more appeals filed by the same appellant and hear and
decide them concurrently,
if the deciding official or officials hearing the cases are of the
opinion that the action could result in the appeals' being processed
more expeditiously and would not adversely affect any party.
(g)(1) Except as provided in paragraph (2) of this subsection, the
Board, or an administrative law judge or other employee of the Board
designated to hear a case, may require payment by the agency involved of
reasonable attorney fees incurred by an employee or applicant for
employment if the employee or applicant is the prevailing party and the
Board, administrative law judge, or other employee (as the case may be)
determines that payment by the agency is warranted in the interest of
justice, including any case in which a prohibited personnel practice was
engaged in by the agency or any case in which the agency's action was
clearly without merit.
(2) If an employee or applicant for employment is the prevailing
party and the decision is based on a finding of discrimination
prohibited under section 2302(b)(1) of this title, the payment of
attorney fees shall be in accordance with the standards prescribed under
section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)).
(h) The Board may, by regulation, provide for one or more alternative
methods for settling matters subject to the appellate jurisdiction of
the Board which shall be applicable at the election of an applicant for
employment or of an employee who is not in a unit for which a labor
organization is accorded exclusive recognition, and shall be in lieu of
other procedures provided for under this section. A decision under such
a method shall be final, unless the Board reopens and reconsiders a case
at the request of the Office of Personnel Management under subsection
(e) of this section.
(i)(1) Upon the submission of any appeal to the Board under this
section, the Board, through reference to such categories of cases, or
other means, as it determines appropriate, shall establish and announce
publicly the date by which it intends to complete action on the matter.
Such date shall assure expeditious consideration of the appeal,
consistent with the interests of fairness and other priorities of the
Board. If the Board fails to complete action on the appeal by the
announced date, and the expected delay will exceed 30 days, the Board
shall publicly announce the new date by which it intends to complete
action on the appeal.
(2) Not later than March 1 of each year, the Board shall submit to
the Congress a report describing the number of appeals submitted to it
during the preceding fiscal year, the number of appeals on which it
completed action during that year, and the number of instances during
that year in which it failed to conclude a proceeding by the date
originally announced, together with an explanation of the reasons
therefor.
(3) The Board shall by rule indicate any other category of
significant Board action which the Board determines should be subject to
the provisions of this subsection.
(4) It shall be the duty of the Board, an administrative law judge,
or employee designated by the Board to hear any proceeding under this
section to expedite to the extent practicable that proceeding.
(j) In determining the appealability under this section of any case
involving a removal from the service (other than the removal of a
reemployed annuitant), neither an individual's status under any
retirement system established by or under Federal statute nor any
election made by such individual under any such system may be taken into
account.
(k) The Board may prescribe regulations to carry out the purpose of
this section.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 530; Pub. L. 95-454, title
II, 205, Oct. 13, 1978, 92 Stat. 1138; Pub. L. 96-54, 2(a)(45), Aug.
14, 1979, 93 Stat. 384; Pub. L. 99-386, title II, 208, Aug. 22, 1986,
100 Stat. 824; Pub. L. 101-12, 6, Apr. 10, 1989, 103 Stat. 33; Pub.
L. 101-194, title V, 506(b)(6), Nov. 30, 1989, 103 Stat. 1758; Pub. L.
101-280, 6(d)(2), May 4, 1990, 104 Stat. 160; Pub. L. 101-376, 3, Aug.
17, 1990, 104 Stat. 462; Pub. L. 102-175, 5, Dec. 2, 1991, 105 Stat.
1223.)
The application of the section is established by the words ''A
preference eligible employee as defined by section 7511 of this title''.
Specific mention of the actions appealable are covered by the reference
to ''an adverse decision under section 7512 of this title''. The words
''administrative authority'' are substituted for ''administrative
officer'' to avoid conflict with the definitions of ''employee'' and
''officer'' in chapter 21 of this title and to include an individual who
is employed by the government of the District of Columbia or who is a
member of a uniformed service as such an individual could have been an
''administrative officer'' under former section 863. The words ''the
date of'' in the phrase ''after the date of receipt of notice'' are
omitted as unnecessary. The words ''reasonable rules and'' in the
phrase ''reasonable rules and regulations'' are omitted as unnecessary.
The word ''proper'' in the phrase ''proper administrative officer'' is
omitted as unnecessary. The word ''designated'' in the phrase
''designated representative'' is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable
and the style of this title outlined in preface to the report.
The civil service law, referred to in subsecs. (d) and (e)(2), is
set out in this title. See, particularly, section 3301 et seq. of this
title.
1991 -- Subsec. (b)(3). Pub. L. 102-175 added par. (3).
1990 -- Subsec. (c)(1)(A). Pub. L. 101-280 amended Pub. L.
101-194, see 1989 Amendment note below.
Subsecs. (j), (k). Pub. L. 101-376 added subsec. (j) and
redesignated former subsec. (j) as (k).
1989 -- Subsec. (b). Pub. L. 101-12 designated existing provisions
as par. (1) and added par. (2).
Subsec. (c)(1)(A). Pub. L. 101-194, as amended by Pub. L. 101-280,
which directed the substitution of ''or a removal from the Senior
Executive Service for failure to be recertified under section 3393a of''
for ''of'', was executed by making the substitution for the second
reference to ''of'' as the probable intent of Congress.
1986 -- Subsec. (i)(2). Pub. L. 99-386 substituted ''fiscal'' for
''calendar''.
1979 -- Subsec. (e)(1). Pub. L. 96-54, 2(a)(45)(A), substituted
''administrative'' for ''administration''.
Subsec. (g)(1). Pub. L. 96-54, 2(a)(45)(B), substituted ''(as the
case may be)'' for '', as the case may be,''.
Subsec. (h). Pub. L. 96-54, 2(a)(45)(C), substituted ''subsection
(e)'' for ''subsection (d)''.
1978 -- Pub. L. 95-454 substituted ''Appellate procedures'' for
''Appeals of preference eligibles'' in section catchline, and in text
substituted provisions relating to procedures applicable with respect to
the Merit Systems Protection Board for an employee or applicant for
employment, for provisions relating to appeals of preference eligible
employees.
Amendment by Pub. L. 101-376 effective Aug. 17, 1990, and
applicable with respect to any appeal or other proceeding brought on or
after such date, see section 4 of Pub. L. 101-376, set out as a note
under section 4303 of this title.
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
506(d) of Pub. L. 101-194, set out as a note under section 3151 of this
title.
Amendment by Pub. L. 101-12 effective 90 days following Apr. 10,
1989, see section 11 of Pub. L. 101-12, set out as a note under section
1201 of this title.
Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(
b) of Pub. L. 96-54, set out as a note under section 305 of this title.
Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978,
see section 907 of Pub. L. 95-454, set out as a note under section 1101
of this title.
For effect of Pub. L. 101-12 on orders, rules, and regulations
issued before effective date of Pub. L. 101-12, administrative
proceedings pending at time provisions of Pub. L. 101-12 take effect,
and suits and other proceedings as in effect immediately before
effective date of Pub. L. 101-12, see section 7 of Pub. L. 101-12, set
out as a note under section 1201 of this title.
Ex. Ord. No. 11787, June 11, 1974, 39 F.R. 20675; Ex. Ord. No.
12107, Dec. 28, 1978, 44 F.R. 1055, which provided that the appeals
system established by the Merit Systems Protection Board is the sole
system of appeal for an employee covered by that appeal system, was
revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
section 241; title 22 sections 1438, 4137; title 28
section 569; title 31 section 753.
05 USC 7702. Actions involving discrimination
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a)(1) Notwithstanding any other provision of law, and except as
provided in paragraph (2) of this subsection, in the case of any
employee or applicant for employment who --
(A) has been affected by an action which the employee or applicant
may appeal to the Merit Systems Protection Board, and
(B) alleges that a basis for the action was discrimination prohibited
by --
(i) section 717 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-16),
(ii) section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(d)),
(iii) section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791),
(iv) sections 12 and 15 of the Age Discrimination in Employment Act
of 1967 (29 U.S.C. 631, 633a), or
(v) any rule, regulation, or policy directive prescribed under any
provision of law described in clauses (i) through (iv) of this
subparagraph,
the Board shall, within 120 days of the filing of the appeal, decide
both the issue of discrimination and the appealable action in accordance
with the Board's appellate procedures under section 7701 of this title
and this section.
(2) In any matter before an agency which involves --
(A) any action described in paragraph (1)(A) of this subsection;
and
(B) any issue of discrimination prohibited under any provision of law
described in paragraph (1)(B) of this subsection;
the agency shall resolve such matter within 120 days. The decision
of the agency in any such matter shall be a judicially reviewable action
unless the employee appeals the matter to the Board under paragraph (1)
of this subsection.
(3) Any decision of the Board under paragraph (1) of this subsection
shall be a judicially reviewable action as of --
(A) the date of issuance of the decision if the employee or applicant
does not file a petition with the Equal Employment Opportunity
Commission under subsection (b)(1) of this section, or
(B) the date the Commission determines not to consider the decision
under subsection (b)(2) of this section.
(b)(1) An employee or applicant may, within 30 days after notice of
the decision of the Board under subsection (a)(1) of this section,
petition the Commission to consider the decision.
(2) The Commission shall, within 30 days after the date of the
petition, determine whether to consider the decision. A determination
of the Commission not to consider the decision may not be used as
evidence with respect to any issue of discrimination in any judicial
proceeding concerning that issue.
(3) If the Commission makes a determination to consider the decision,
the Commission shall, within 60 days after the date of the
determination, consider the entire record of the proceedings of the
Board and, on the basis of the evidentiary record before the Board, as
supplemented under paragraph (4) of this subsection, either --
(A) concur in the decision of the Board; or
(B) issue in writing another decision which differs from the decision
of the Board to the extent that the Commission finds that, as a matter
of law --
(i) the decision of the Board constitutes an incorrect interpretation
of any provision of any law, rule, regulation, or policy directive
referred to in subsection (a)(1)(B) of this section, or
(ii) the decision involving such provision is not supported by the
evidence in the record as a whole.
(4) In considering any decision of the Board under this subsection,
the Commission may refer the case to the Board, or provide on its own,
for the taking (within such period as permits the Commission to make a
decision within the 60-day period prescribed under this subsection) of
additional evidence to the extent it considers necessary to supplement
the record.
(5)(A) If the Commission concurs pursuant to paragraph (3)(A) of this
subsection in the decision of the Board, the decision of the Board shall
be a judicially reviewable action.
(B) If the Commission issues any decision under paragraph (3)(B) of
this subsection, the Commission shall immediately refer the matter to
the Board.
(c) Within 30 days after receipt by the Board of the decision of the
Commission under subsection (b)(5)(B) of this section, the Board shall
consider the decision and --
(1) concur and adopt in whole the decision of the Commission; or
(2) to the extent that the Board finds that, as a matter of law, (A)
the Commission decision constitutes an incorrect interpretation of any
provision of any civil service law, rule, regulation or policy
directive, or (B) the Commission decision involving such provision is
not supported by the evidence in the record as a whole --
(i) reaffirm the initial decision of the Board; or
(ii) reaffirm the initial decision of the Board with such revisions
as it determines appropriate.
If the Board takes the action provided under paragraph (1), the
decision of the Board shall be a judicially reviewable action.
(d)(1) If the Board takes any action under subsection (c)(2) of this
section, the matter shall be immediately certified to a special panel
described in paragraph (6) of this subsection. Upon certification, the
Board shall, within 5 days (excluding Saturdays, Sundays, and holidays),
transmit to the special panel the administrative record in the
proceeding, including --
(A) the factual record compiled under this section,
(B) the decisions issued by the Board and the Commission under this
section, and
(C) any transcript of oral arguments made, or legal briefs filed,
before the Board or the Commission.
(2)(A) The special panel shall, within 45 days after a matter has
been certified to it, review the administrative record transmitted to it
and, on the basis of the record, decide the issues in dispute and issue
a final decision which shall be a judicially reviewable action.
(B) The special panel shall give due deference to the respective
expertise of the Board and Commission in making its decision.
(3) The special panel shall refer its decision under paragraph (2) of
this subsection to the Board and the Board shall order any agency to
take any action appropriate to carry out the decision.
(4) The special panel shall permit the employee or applicant who
brought the complaint and the employing agency to appear before the
panel to present oral arguments and to present written arguments with
respect to the matter.
(5) Upon application by the employee or applicant, the Commission may
issue such interim relief as it determines appropriate to mitigate any
exceptional hardship the employee or applicant might otherwise incur as
a result of the certification of any matter under this subsection,
except that the Commission may not stay, or order any agency to review
on an interim basis, the action referred to in subsection (a)(1) of this
section.
(6)(A) Each time the Board takes any action under subsection (c)(2)
of this section, a special panel shall be convened which shall consist
of --
(i) an individual appointed by the President, by and with the advice
and consent of the Senate, to serve for a term of 6 years as chairman of
the special panel each time it is convened;
(ii) one member of the Board designated by the Chairman of the Board
each time a panel is convened; and
(iii) one member of the Commission designated by the Chairman of the
Commission each time a panel is convened.
The chairman of the special panel may be removed by the President
only for inefficiency, neglect of duty, or malfeasance in office.
(B) The chairman is entitled to pay at a rate equal to the maximum
annual rate of basic pay payable under the General Schedule for each day
he is engaged in the performance of official business on the work of the
special panel.
(C) The Board and the Commission shall provide such administrative
assistance to the special panel as may be necessary and, to the extent
practicable, shall equally divide the costs of providing the
administrative assistance.
(e)(1) Notwithstanding any other provision of law, if at any time
after --
(A) the 120th day following the filing of any matter described in
subsection (a)(2) of this section with an agency, there is not
judicially reviewable action under this section or an appeal under
paragraph (2) of this subsection;
(B) the 120th day following the filing of an appeal with the Board
under subsection (a)(1) of this section, there is no judicially
reviewable action (unless such action is not as the result of the filing
of a petition by the employee under subsection (b)(1) of this section);
or
(C) the 180th day following the filing of a petition with the Equal
Employment Opportunity Commission under subsection (b)(1) of this
section, there is no final agency action under subsection (b), (c), or
(d) of this section;
an employee shall be entitled to file a civil action to the same
extent and in the same manner as provided in section 717(c) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16(c)), section 15(c) of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)), or section
16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216( b)).
(2) If, at any time after the 120th day following the filing of any
matter described in subsection (a)(2) of this section with an agency,
there is no judicially reviewable action, the employee may appeal the
matter to the Board under subsection (a)(1) of this section.
(3) Nothing in this section shall be construed to affect the right to
trial de novo under any provision of law described in subsection (a)(1)
of this section after a judicially reviewable action, including the
decision of an agency under subsection (a)(2) of this section.
(f) In any case in which an employee is required to file any action,
appeal, or petition under this section and the employee timely files the
action, appeal, or petition with an agency other than the agency with
which the action, appeal, or petition is to be filed, the employee shall
be treated as having timely filed the action, appeal, or petition as of
the date it is filed with the proper agency.
(Added Pub. L. 95-454, title II, 205, Oct. 13, 1978, 92 Stat. 1140,
and amended Pub. L. 96-54, 2(a)(46), Aug. 14, 1979, 93 Stat. 384.)
The civil service law, referred to in subsec. (c)(2), is set out in
this title. See, particularly, section 3301 et seq. of this title.
The General Schedule, referred to in subsec. (d)(6)(B), is set out
under section 5332 of this title.
1979 -- Subsec. (a)(1)(A). Pub. L. 96-54, 2(a)(46)(A), substituted
''affected'' for ''effected''.
Subsec. (a)(1)(B)(i). Pub. L. 96-54, 2(a)(46)(B), substituted
''2000e-16'' for ''2000e-16c''.
Subsec. (e)(1). Pub. L. 96-54, 2(a)(46)(C), (D), substituted ''of
this section'' for ''of this title'' in subpar. (C), and ''216(b)'' for
''216(d)'' in provision following subpar. (C).
Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(
b) of Pub. L. 96-54, set out as a note under section 305 of this title.
Section effective 90 days after Oct. 13, 1978, see section 907 of
Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note
under section 1101 of this title.
05 USC 7703. Judicial review of decisions of the Merit Systems
Protection Board
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a)(1) Any employee or applicant for employment adversely affected or
aggrieved by a final order or decision of the Merit Systems Protection
Board may obtain judicial review of the order or decision.
(2) The Board shall be named respondent in any proceeding brought
pursuant to this subsection, unless the employee or applicant for
employment seeks review of a final order or decision on the merits on
the underlying personnel action or on a request for attorney fees, in
which case the agency responsible for taking the personnel action shall
be the respondent.
(b)(1) Except as provided in paragraph (2) of this subsection, a
petition to review a final order or final decision of the Board shall be
filed in the United States Court of Appeals for the Federal Circuit.
Notwithstanding any other provision of law, any petition for review must
be filed within 30 days after the date the petitioner received notice of
the final order or decision of the Board.
(2) Cases of discrimination subject to the provisions of section 7702
of this title shall be filed under section 717(c) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-16(c)), section 15(c) of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)), and
section 16(b) of the Fair Labor Standards Act of 1938, as amended (29
U.S.C. 216(b)), as applicable. Notwithstanding any other provision of
law, any such case filed under any such section must be filed within 30
days after the date the individual filing the case received notice of
the judicially reviewable action under such section 7702.
(c) In any case filed in the United States Court of Appeals for the
Federal Circuit, the court shall review the record and hold unlawful and
set aside any agency action, findings, or conclusions found to be --
(1) arbitrary, capricious, an abuse of discretion, or otherwise not
in accordance with law;
(2) obtained without procedures required by law, rule, or regulation
having been followed; or
(3) unsupported by substantial evidence;
except that in the case of discrimination brought under any section
referred to in subsection (b)(2) of this section, the employee or
applicant shall have the right to have the facts subject to trial de
novo by the reviewing court.
(d) The Director of the Office of Personnel Management may obtain
review of any final order or decision of the Board by filing a petition
for judicial review in the United States Court of Appeals for the
Federal Circuit if the Director determines, in his discretion, that the
Board erred in interpreting a civil service law, rule, or regulation
affecting personnel management and that the Board's decision will have a
substantial impact on a civil service law, rule, regulation, or policy
directive. If the Director did not intervene in a matter before the
Board, the Director may not petition for review of a Board decision
under this section unless the Director first petitions the Board for a
reconsideration of its decision, and such petition is denied. In
addition to the named respondent, the Board and all other parties to the
proceedings before the Board shall have the right to appear in the
proceeding before the Court of Appeals. The granting of the petition for
judicial review shall be at the discretion of the Court of Appeals.
(Added Pub. L. 95-454, title II, 205, Oct. 13, 1978, 92 Stat. 1143,
and amended Pub. L. 97-164, title I, 144, Apr. 2, 1982, 96 Stat. 45;
Pub. L. 101-12, 10, Apr. 10, 1989, 103 Stat. 35.)
The civil service law, referred to in subsec. (d), is set out in
this title. See, particularly, section 3301 et seq. of this title.
1989 -- Subsec. (a)(2). Pub. L. 101-12 amended par. (2) generally.
Prior to amendment, par. (2) read as follows: ''The Board shall be the
named respondent in any proceeding brought pursuant to this subsection,
unless the employee or applicant for employment seeks review of a final
order or decision issued by the Board under section 7701. In review of
a final order or decision issued under section 7701, the agency
responsible for taking the action appealed to the Board shall be the
named respondent.''
1982 -- Subsec. (b)(1). Pub. L. 97-164, 144(1), substituted ''United
States Court of Appeals for the Federal Circuit'' for ''Court of Claims
or a United States court of appeals as provided in chapters 91 and 158,
respectively, of title 28''.
Subsec. (c). Pub. L. 97-164, 144(2), substituted ''Court of Appeals
for the Federal Circuit'' for ''Court of Claims or a United States court
of appeals''.
Subsec. (d). Pub. L. 97-164, 144(3), substituted ''United States
Court of Appeals for the Federal Circuit'' for ''United States Court of
Appeals for the District of Columbia''.
Amendment by Pub. L. 101-12 effective 90 days following Apr. 10,
1989, see section 11 of Pub. L. 101-12, set out as a note under section
1201 of this title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Section effective 90 days after Oct. 13, 1978, see section 907 of
Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note
under section 1101 of this title.
For effect of Pub. L. 101-12 on orders, rules, and regulations
issued before effective date of Pub. L. 101-12, administrative
proceedings pending at time provisions of Pub. L. 101-12 take effect,
and suits and other proceedings as in effect immediately before
effective date of Pub. L. 101-12, see section 7 of Pub. L. 101-12 set
out as a note under section 1201 of this title.
1295.
05 USC CHAPTER 79 -- SERVICES TO EMPLOYEES
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec.
7901. Health service programs.
7902. Safety programs.
7903. Protective clothing and equipment.
7904. Employee assistance programs relating to drug abuse and
alcohol abuse.
1986 -- Pub. L. 99-570, title VI, 6004(b), Oct. 27, 1986, 100 Stat.
3207-159, added item 7904.
Participation
Pub. L. 102-241, 44, Dec. 19, 1991, 105 Stat. 2226, provided that:
''The Department of Transportation may include military personnel of the
Coast Guard in any program in which the Department participates under
section 629 of the Treasury, Postal Service and General Government
Appropriations Act, 1991, Public Law 101-509 (set out below),
notwithstanding section 629(c)(2) of that Act.''
Pub. L. 101-509, title VI, 629, Nov. 5, 1990, 104 Stat. 1478,
provided that:
''(a) A Federal agency may participate in any program established by
a State or local government that encourages employees to use public
transportation. Such programs may involve the sale of discounted
transit passes or other incentives that reduce the cost to the employee
of using public transportation.
''(b) Notwithstanding the provisions of section 5536 of title 5,
United States Code, or any other provision of law, an employee may
participate in a program described under subsection (a).
''(c)(1) For purposes of this section the term 'Federal agency' shall
mean an Executive agency as defined under section 105 of title 5, United
States Code, and shall include any agency of the legislative or judicial
branch of Government.
''(2) For purposes of subsection (b), the term 'employee' shall mean
an employee as defined under section 2105 of title 5, United States
Code, and shall include an employee of any legislative or judicial
agency.
''(d) No later than June 30, 1993, the General Accounting Office
shall conduct a study and submit a report on the implementation of
programs under subsection (a) and the employees (including information
of the employing agencies and rates of pay of such employees) who have
participated in such programs.
''(e) The provisions of this section are repealed effective December
31, 1993.''
05 USC 7901. Health service programs
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The head of each agency of the Government of the United States
may establish, within the limits of appropriations available, a health
service program to promote and maintain the physical and mental fitness
of employees under his jurisdiction.
(b) A health service program may be established by contract or
otherwise, but only --
(1) after consultation with the Secretary of Health, Education, and
Welfare and consideration of its recommendations; and
(2) in localities where there are a sufficient number of employees to
warrant providing the service.
(c) A health service program is limited to --
(1) treatment of on-the-job illness and dental conditions requiring
emergency attention;
(2) preemployment and other examinations;
(3) referral of employees to private physicians and dentists; and
(4) preventive programs relating to health.
(d) The Secretary of Health, Education, and Welfare, on request,
shall review a health service program conducted under this section and
shall submit comment and recommendations to the head of the agency
concerned.
(e) When this section authorizes the use of the professional services
of physicians, that authorization includes the use of the professional
services of surgeons and osteopathic practitioners within the scope of
their practice as defined by State law.
(f) The health programs conducted by the following agencies are not
affected by this section --
(1) the Tennessee Valley Authority;
(2) the Canal Zone Government; and
(3) the Panama Canal Company.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 530; Pub. L. 90-83, 1( 47),
Sept. 11, 1967, 81 Stat. 209.)
In subsection (a), the words ''agency of the Government of the United
States'' are coextensive with and substituted for ''departments and
agencies including Government-owned and controlled corporations'' to
avoid confusion with the definitions in sections 101-105.
In subsection (d) the word ''appropriate'' in the phrase
''appropriate comment and recommendations'' is omitted as unnecessary.
The words ''to the head of the agency concerned'' are added for clarity.
In subsection (e), the substance of the definition of ''physician''
in former section 790 is substituted for the reference to that section.
In subsection (f)(2) and (3), the words ''Canal Zone Government'' and
''Panama Canal Company'' are substituted for ''Panama Canal'' and
''Panama Railroad'', respectively, on the authority of the Act of Sept.
26, 1950, ch. 1049, 2(a), 64 Stat. 1038.
The last proviso of the first sentence of the Act of Aug. 8, 1946,
is omitted as executed.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
This section amends 5 U.S.C. 7901 to reflect 1966 Reorganization Plan
No. 3, effective June 25, 1966, 80 Stat. 1610, section 1 of which
transferred all functions of the Public Health Service to the Secretary
of Health, Education, and Welfare.
For definition of Canal Zone Government and Panama Canal Company,
referred to in text, see section 3602(b) of Title 22, Foreign Relations
and Intercourse.
Secretary of Health, Education, and Welfare redesignated Secretary of
Health and Human Services by section 3508 of Title 20, Education.
on; Disease Prevention; and
Secondary Prevention
Pub. L. 99-251, title I, 110, Feb. 27, 1986, 100 Stat. 17, called
for Director of Office of Personnel Management to conduct a
demonstration project to determine most effective method of furnishing
health protection, health promotion, disease prevention, and secondary
prevention services to Federal Government employees, with Director to
report to Congress no later than 60 days after termination of project on
Feb. 27, 1988.
05 USC 7902. Safety programs
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For the purpose of this section --
(1) ''employee'' means an employee as defined by section 8101 of this
title; and
(2) ''agency'' means an agency in any branch of the Government of the
United States, including an instrumentality wholly owned by the United
States, and the government of the District of Columbia.
(b) The Secretary of Labor shall carry out a safety program under
section 941(b)(1) of title 33 covering the employment of each employee
of an agency.
(c) The President may --
(1) establish by Executive order a safety council composed of
representatives of the agencies and of labor organizations representing
employees to serve as an advisory body to the Secretary in furtherance
of the safety program carried out by the Secretary under subsection (b)
of this section; and
(2) undertake such other measures as he considers proper to prevent
injuries and accidents to employees of the agencies.
(d) The head of each agency shall develop and support organized
safety promotion to reduce accidents and injuries among employees of his
agency, encourage safe practices, and eliminate work hazards and health
risks.
(e) Each agency shall --
(1) keep a record of injuries and accidents to its employees whether
or not they result in loss of time or in the payment or furnishing of
benefits; and
(2) make such statistical or other reports on such forms as the
Secretary may prescribe by regulation.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 530; Pub. L. 91-596, 19(
c), Dec. 29, 1970, 84 Stat. 1610.)
Subsection (a) is added on authority of former sections 790(b) and
794 (1st sentence), which are carried into section 8101.
The words ''Secretary of Labor'' and ''Secretary'' are substituted
for ''Administrator'' on authority of section 1 of 1950 Reorg. Plan No.
19, eff. May 24, 1950, 64 Stat. 1271.
Subsection (b) is restated for clarity. The words ''under section
941(b)(1) of title 33'' are substituted for ''The provisions of section
941 of title 33 shall, insofar as not inapplicable, apply'' on authority
of section 941(g)(2) of title 33. The reference to ''a safety program''
is based in part on the words ''in furtherance of the safety program
carried out by the Secretary pursuant to this section'' in former
section 784(c).
In subsection (d), the word ''foster'' is omitted as included in
''develop and support''. The words ''and reduce compensable injuries''
are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1970 -- Subsec. (c)(1). Pub. L. 91-596 included representatives of
labor organizations representing employees.
Ex. Ord. No. 10990, Feb. 5, 1962, 27 F.R. 1065, which provided for
the establishment of a Federal Safety Council, was superseded by Ex.
Ord. No. 11612, July 26, 1971, 36 F.R. 13891, formerly set out as a note
under this section.
Ex. Ord. No. 11612, July 26, 1971, 36 F.R. 13891, which related to
occupational safety and health programs for federal employees, was
superseded by Ex. Ord. 11807, Sept. 28, 1974, 39 F.R. 35559, formerly
set out as a note under this section.
Ex. Ord. No. 11807, Sept. 28, 1974, 39 F.R. 35559, which related to
occupational safety and health programs for federal employees and
continued the Federal Advisory Council on Occuptional Safety and Health,
was revoked by Ex. Ord. No. 12196, Feb. 26, 1980, 45 F.R. 12769, set
out below.
Ex. Ord. No. 12196, Feb. 26, 1980, 45 F.R. 12769, as amended by Ex.
Ord. No. 12223, June 30, 1980, 45 F.R. 45235; Ex. Ord. No. 12608, Sept.
9, 1987, 52 F.R. 34617, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States of America, including Section 7902(c) of
Title 5 of the United States Code and in accord with Section 19 of the
Occupational Safety and Health Act of 1970, as amended (29 U.S.C 668),
it is ordered:
1-101. This order applies to all agencies of the Executive Branch
except military personnel and uniquely military equipment, systems, and
operations.
1-102. For the purposes of this order, the term ''agency'' means an
Executive department, as defined in 5 U.S.C. 101, or any employing unit
or authority of the Federal government, other than those of the judicial
and legislative branches. Since section 19 (29 U.S.C. 668) of the
Occupational Safety and Health Act (''the Act'') (29 U.S.C. 651 et seq.)
covers all Federal employees, however, the Secretary of Labor (''the
Secretary'') shall cooperate and consult with the heads of agencies in
the legislative and judicial branches of the government to help them
adopt safety and health programs.
1-201. The head of each agency shall:
(a) Furnish to employees places and conditions of employment that are
free from recognized hazards that are causing or are likely to cause
death or serious physical harm.
(b) Operate an occupational safety and health program in accordance
with the requirements of this order and basic program elements
promulgated by the Secretary.
(c) Designate an agency official with sufficient authority to
represent the interest and support of the agency head to be responsible
for the management and administration of the agency occupational safety
and health program.
(d) Comply with all standards issued under section 6 of the Act (29
U.S.C. 655), except where the Secretary approves compliance with
alternative standards. When an agency head determines it necessary to
apply a different standard, that agency head shall, after consultation
with appropriate occupational safety and health committees where
established, notify the Secretary and provide justification that
equivalent or greater protection will be assured by the alternate
standard.
(e) Assure prompt abatement of unsafe or unhealthy working
conditions. Whenever an agency cannot promptly abate such conditions,
it shall develop an abatement plan setting forth a timetable for
abatement and a summary of interim steps to protect employees.
Employees exposed to the conditions shall be informed of the provisions
of the plan. When a hazard cannot be abated without assistance of the
General Services Administration or other Federal lessor agency, an
agency shall act with the lessor agency to secure abatement.
(f) Establish procedures to assure that no employee is subject to
restraint, interference, coercion, discrimination or reprisal for filing
a report of an unsafe or unhealthy working condition, or other
participation in agency occupational safety and health program
activities.
(g) Assure that periodic inspections of all agency workplaces are
performed by personnel with equipment and competence to recognize
hazards.
(h) Assure response to employee reports of hazardous conditions and
require inspections within twenty-four hours for imminent dangers, three
working days for potential serious conditions, and twenty working days
for other conditions. Assure the right to anonymity of those making the
reports.
(i) Assure that employee representatives accompany inspections of
agency workplaces.
(j) Operate an occupational safety and health management information
system, which shall include the maintenance of such records as the
Secretary may require.
(k) Provide safety and health training for supervisory employees,
employees responsible for conducting occupational safety and health
inspections, all members of occupational safety and health committees
where established, and other employees.
(l) Submit to the Secretary an annual report on the agency
occupational safety and health program that includes information the
Secretary prescribes.
1-301. Agency heads may establish occupational safety and health
committees. If committees are established, they shall be established at
both the national level and, for agencies with field or regional
offices, other appropriate levels. The committees shall be composed of
representatives of management and an equal number of nonmanagement
employees or their representatives. Where there are exclusive
bargaining representatives for employees at the national or other level
in an agency, such representatives shall select the appropriate
nonmanagement members of the committee.
1-302. The committees shall, except where prohibited by law,
(a) Have access to agency information relevant to their duties,
including information on the nature and hazardousness of substances in
agency workplaces.
(b) Monitor performance, including agency inspections, of the agency
safety and health programs at the level they are established.
(c) Consult and advise the agency on the operation of the program.
1-303. A Committee may request the Secretary of Labor to conduct an
evaluation or inspection pursuant to this order if half of a Committee
is not substantially satisfied with an agency's response to a report of
hazardous working conditions.
1-401. The Secretary of Labor shall:
(a) Provide leadership and guidance to the heads of agencies to
assist them with their occupational safety and health responsibilities.
(b) Maintain liaison with the Office of Management and Budget in
matters relating to this order and coordinate the activities of the
Department with those of other agencies that have responsibilities or
functions related to Federal employee safety and health, including the
Office of Personnel Management, the Department of Health and Human
Services, and the General Services Administration.
(c) Issue, subject to the approval of the Director of the Office of
Management and Budget, and in consultation with the Federal Advisory
Council on Occupational Safety and Health, a set of basic program
elements. The program elements shall help agency heads establish
occupational safety and health committees and operate effective
occupational safety and health programs, and shall provide flexibility
to each agency head to implement a program consistent with its mission,
size and organization. Upon request of an agency head, and after
consultation with the Federal Advisory Council on Occupational Safety
and Health, the Secretary may approve alternate program elements.
(d) Prescribe recordkeeping and reporting requirements.
(e) Assist agencies by providing training materials, and by
conducting training programs upon request and with reimbursement.
(f) Facilitate the exchange of ideas and information throughout the
government about occupational safety and health.
(g) Provide technical services to agencies upon request, where the
Secretary deems necessary, and with reimbursement. These services may
include studies of accidents, causes of injury and illness,
identification of unsafe and unhealthful working conditions, and means
to abate hazards.
(h) Evaluate the occupational safety and health programs of agencies
and promptly submit reports to the agency heads. The evaluations shall
be conducted through such scheduled headquarters or field reviews,
studies or inspections as the Secretary deems necessary, at least
annually for the larger or more hazardous agencies or operations, and as
the Secretary deems appropriate for the smaller or less hazardous
agencies.
(i) Conduct unannounced inspections of agency workplaces when the
Secretary determines necessary if an agency does not have occupational
safety and health committees; or in response to reports of unsafe or
unhealthful working conditions, upon request of occupational safety and
health committees under Section 1-3; or, in the case of a report of an
imminent danger, when such a committee has not responded to an employee
who has alleged to it that the agency has not adequately responded to a
report as required in 1-201(h). When the Secretary or his designee
performs an inspection and discovers unsafe or unhealthy conditions, a
violation of any provisions of this order, or any safety or health
standards adopted by an agency pursuant to this order, or any program
element approved by the Secretary, he shall promptly issue a report to
the head of the agency and to the appropriate occupational safety and
health committee, if any. The report shall describe the nature of the
findings and may make recommendations for correcting the violation.
(j) Submit to the President each year a summary report of the status
of the occupational safety and health of Federal employees, and,
together with agency responses, evaluations of individual agency
progress and problems in correcting unsafe and unhealthful working
conditions, and recommendations for improving their performance.
(k) Submit to the President unresolved disagreements between the
Secretary and agency heads, with recommendations.
(l) Enter into agreements or other arrangements as necessary or
appropriate with the National Institute for Occupational Safety and
Health and delegate to it the inspection and investigation authority
provided under this section.
1-501. The Federal Advisory Council on Occupational Safety and
Health, established pursuant to Executive Order No. 11612, is
continued. It shall advise the Secretary in carrying out
responsibilities under this order. The Council shall consist of sixteen
members appointed by the Secretary, of whom eight shall be
representatives of Federal agencies and eight shall be representatives
of labor organizations representing Federal employees. The members
shall serve three-year terms with the terms of five or six members
expiring each year, provided this Council is renewed every two years in
accordance with the Federal Advisory Committee Act (5 U.S.C. App.). The
members currently serving on the Council shall be deemed to be its
initial members under this order and their terms shall expire in
accordance with the terms of their appointment.
1-502. The Secretary, or a designee, shall serve as the Chairman of
the Council, and shall prescribe rules for the conduct of its business.
1-503. The Secretary shall make available necessary office space and
furnish the Council necessary equipment, supplies, and staff services,
and shall perform such functions with respect to the Council as may be
required by the Federal Advisory Committee Act, as amended (5 U.S.C.
App.).
1-601. Within six months of the effective date of this order the
Secretary of Labor and the Administrator of the General Services
Administration shall initiate a study of conflicts that may exist in
their standards and other requirements affecting Federal employee safety
and health, and shall establish a procedure for resolving conflicting
standards for space leased by the General Services Administration.
1-602. In order to assist the agencies in carrying out their duties
under Section 19 of the Act (29 U.S.C. 668) and this order the
Administrator shall:
(a) Upon request, require personnel of the General Services
Administration to accompany the Secretary or an agency head on any
inspection or investigation conducted pursuant to this order of a
facility subject to the authority of the General Services
Administration.
(b) Assure prompt attention to reports from agencies of unsafe or
unhealthy conditions of facilities subject to the authority of the
General Services Administration; where abatement cannot be promptly
effected, submit to the agency head a timetable for action to correct
the conditions; and give priority in the allocation of resources
available to the Administrator for prompt abatement of the conditions.
(c) Procure and provide safe supplies, devices, and equipment, and
establish and maintain a product safety program for those supplies,
devices, equipment and services furnished to agencies, including the
issuance of Material Safety Data Sheets when hazardous substances are
furnished them.
1-701. Employees shall be authorized official time to participate in
the activities provided for by this order.
1-702. Nothing in this order shall be construed to impair or alter
the powers and duties of the Secretary or heads of other Federal
agencies pursuant to Section 19 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 668). Chapter 71 of Title 5 of the United States
Code, Sections 7901, 7902, and 7903 of Title 5 of the United States
Code, nor shall it be construed to alter any other provisions of law or
Executive Order providing for collective bargaining agreements and
related procedures, or affect the responsibilities of the Director of
Central Intelligence to protect intelligence sources and methods (50 U.
S.C. 403(d)(3)).
1-703. Executive Order No. 11807 of September 28, 1974, is revoked.
1-704. This order is effective October 1, 1980.
Ex. Ord. No. 12566, Sept. 26, 1986, 51 F.R. 34575, provided:
Each year, thousands of lives could be saved and injuries prevented
if motorists would use their safety belts. The annual cost to society
of these needless deaths and injuries is currently in excess of $32
billion. Taxpayers bear a large share of this cost. The estimated
annual cost to Federal, State, and local governments as a result of auto
accidents is $11 billion. I have determined that an on-the-job safety
belt use policy for Federal employees will reduce human pain and
suffering, set an example for the private sector, and reduce the burden
on the taxpayers caused by motor vehicle accidents.
Accordingly, by the authority vested in me as President by the
Constitution and laws of the United States of America, including Section
7902(c) of Title 5 of the United States Code and Section 19 of the
Occupational Safety and Health Act of 1970, as amended (29 U.S.C. 668),
it is hereby ordered as follows:
Section 1. Policy. Each Federal employee occupying the front seat of
a motor vehicle on official business, whose seat is equipped with a
safety belt, shall have the safety belt properly fastened at all times
when the vehicle is in motion.
Sec. 2. Scope of Order. All agencies of the Executive branch are
directed to promulgate rules and take all appropriate measures within
their existing employee occupational safety and health programs to carry
out the purposes of this Order. This includes, but is not limited to,
conducting an education program for employees about the requirements of
this Order. The term ''agency'' as used in this Order means an
Executive Department, as defined in 5 U.S.C. 101, or any employing unit
or authority of the Federal government, other than those of the
Legislative and Judicial branches. The Secretary of Labor shall
cooperate and consult with the heads of agencies in the Legislative and
Judicial branches of the Government to encourage and help them adopt
safety belt use programs. The Secretary of Labor shall also submit an
annual report to the President that includes the status of on-the-job
belt use by Federal employees.
Sec. 3. Coordination. The Secretary of Transportation shall provide
leadership and guidance to the heads of agencies to assist them with the
employee safety belt programs established pursuant to this Order.
Sec. 4. Other Powers and Duties. (a) Nothing in this Order shall be
construed to impair or alter the powers and duties of the heads of the
various Federal agencies pursuant to Section 19 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 668), or to Sections 7901,
7902, and 7903 of Title 5 of the United States Code, nor shall it be
construed to affect any right, duty, or procedure under the National
Labor Relations Act (29 U.S.C. 151 et seq.).
(b) The Secretary of Defense shall be responsible for implementation
of all provisions of this Order insofar as they apply to military
personnel of the Department of Defense.
Sec. 5. Causes of Action. Nothing in this Order shall be construed
to create a new cause of action against the United States or to alter in
any way the United States' liability under the Federal Tort Claims Act
(28 U.S.C. 2671 et seq.).
Ronald Reagan.
Term of the Federal Advisory Council on Occupational Safety and
Health extended until Dec. 31, 1978, by Ex. Ord. No. 11948, Dec. 20,
1976, 41 F.R. 55705, formerly set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and
Health extended until Dec. 31, 1980, by Ex. Ord. No. 12110, Dec. 28,
1978, 44 F.R. 1069, formerly set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and
Health extended until Dec. 31, 1982, by Ex. Ord. No. 12258, Dec. 31,
1980, 46 F.R. 1251, formerly set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and
Health extended until Sept. 30, 1984, by Ex. Ord. No. 12399, Dec. 31,
1982, 48 F.R. 379, formerly set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and
Health extended until Sept. 30, 1985, by Ex. Ord. No. 12489, Sept.
28, 1984, 49 F.R. 38927, formerly set out as a note under section 14 of
the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and
Health extended until Sept. 30, 1987, by Ex. Ord. No. 12534, Sept.
30, 1985, 50 F.R. 40319, formerly set out as a note under section 14 of
the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and
Health extended until Sept. 30, 1989, by Ex. Ord. No. 12610, Sept.
30, 1987, 52 F.R. 36901, formerly set out as a note under section 14 of
the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and
Health extended until Sept. 30, 1991, see Ex. Ord. No. 12692, Sept.
29, 1989, 54 F.R. 40627, formerly set out as a note under section 14 of
the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and
Health extended until Sept. 30, 1993, see Ex. Ord. No. 12774, Sept.
27, 1991, 56 F.R. 49835, set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to this title.
05 USC 7903. Protective clothing and equipment
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Appropriations available for the procurement of supplies and material
or equipment are available for the purchase and maintenance of special
clothing and equipment for the protection of personnel in the
performance of their assigned tasks. For the purpose of this section,
''appropriations'' includes funds made available by statute under
section 9104 of title 31.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 531; Pub. L. 97-258, 3(
a)(16), Sept. 13, 1982, 96 Stat. 1063.)
The definition of the word ''appropriations'' is added on authority
of section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1982 -- Pub. L. 97-258 substituted ''section 9104'' for ''section
849''.
05 USC 7904. Employee assistance programs relating to drug abuse and
alcohol abuse
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The head of each Executive agency shall, in a manner consistent
with guidelines prescribed under subsection (b) of this section and
applicable provisions of law, establish appropriate prevention,
treatment, and rehabilitation programs and services for drug abuse and
alcohol abuse for employees in or under such agency.
(b) The Office of Personnel Management shall, after such
consultations as the Office considers appropriate, prescribe guidelines
for programs and services under this section.
(c) The Secretary of Health and Human Services, on request of the
head of an Executive agency, shall review any program or service
provided under this section and shall submit comments and
recommendations to the head of the agency concerned.
(Added Pub. L. 99-570, title VI, 6004(a), Oct. 27, 1986, 100 Stat.
3207-159.)
05 USC Subpart G -- Insurance and Annuities
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC CHAPTER 81 -- COMPENSATION FOR WORK INJURIES
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec.
8101. Definitions.
8102. Compensation for disability or death of employee.
8103. Medical services and initial medical and other benefits.
8104. Vocational rehabilitation.
8105. Total disability.
8106. Partial disability.
8107. Compensation schedule.
8108. Reduction of compensation for subsequent injury to same
member.
8109. Beneficiaries of awards unpaid at death; order of precedence.
8110. Augmented compensation for dependents.
8111. Additional compensation for services of attendants or
vocational rehabilitation.
8112. Maximum and minimum monthly payments.
8113. Increase or decrease of basic compensation.
8114. Computation of pay.
8115. Determination of wage-earning capacity.
8116. Limitations on right to receive compensation.
8117. Time of accrual of right.
8118. Election to use annual or sick leave. /1/
8119. Notice of injury or death.
8120. Report of injury.
8121. Claim.
8122. Time for making claim.
8123. Physical examinations.
8124. Findings and award; hearings.
8125. Misbehavior at proceedings.
8126. Subpenas; oaths; examination of witnesses.
8127. Representation; attorneys' fees.
8128. Review of award.
8129. Recovery of overpayments.
8130. Assignment of claim.
8131. Subrogation of the United States.
8132. Adjustment after recovery from a third person.
8133. Compensation in case of death.
8134. Funeral expenses; transportation of body.
8135. Lump-sum payment.
8136. Initial payments outside the United States.
8137. Compensation for noncitizens and nonresidents.
8138. Minimum limit modification for noncitizens and aliens.
8139. Employees of the District of Columbia.
8140. Members of the Reserve Officers' Training Corps.
8141. Civil Air Patrol volunteers.
8142. Peace Corps volunteers.
8143. Job Corps enrollees; volunteers in service to America.
8143a. Members of the National Teacher Corps.
8144. Student-employees.
8145. Administration.
8146. Administration for the Panama Canal Commission and The Alaska
Railroad.
8146a. Cost-of-living adjustment of compensation.
8147. Employees' Compensation Fund.
(8148. Repealed.)
8149. Regulations.
8150. Effect on other statutes.
8151. Civil service retention rights.
8171. Compensation for work injuries; generally.
8172. Employees not citizens or residents of the United States.
8173. Liability under this subchapter exclusive.
8191. Determination of eligibility.
8192. Benefits.
8193. Administration.
1979 -- Pub. L. 96-70, title III, 3302(e)(12), Sept. 27, 1979, 93
Stat. 499, substituted ''Panama Canal Commission'' for ''Canal Zone''
in item 8146.
1974 -- Pub. L. 93-416, 12(b), 23(a), Sept. 7, 1974, 88 Stat.
1146, 1150, substituted ''Notice of injury or death'' for ''Notice of
injury; failure to give'' in item 8119, and added item 8151.
1968 -- Pub. L. 90-291, 1(b), Apr. 19, 1968, 82 Stat. 100, added
subchapter III consisting of items 8191, 8192, and 8193.
1967 -- Pub. L. 90-83, 1(59), (66)(B), (67)(B), (70), Sept. 11,
1967, 81 Stat. 211, 212, 213, inserted ''; hearings'' in item 8124,
added item 8143a relating to members of the National Teachers Corps and
item 8146a relating to cost-of-living adjustment of compensation, and
struck out item 8148 relating to reports.
1588, 2113, 2360, 2904, 7086; title 15 section 4102;
title 16 sections 565a-2, 831b-1, 1703, 3602, 3640;
tle 18 section 4126; title 20 section
4416; title 22 sections 2391, 3508, 3715a, 3715d,
3649, 3658; title 24 section 225e; title 25 sections
2020, 3115; title 28 sections 376, 995, 996; title
33 section 569c; title 38 sections 3115, 3485, 7453,
7458; title 40 section 216c; title 42 section 3788;
title 43 section 1475; title 49 App. section 2454.
/1/ So in original. Does not conform to section catchline.
05 USC SUBCHAPTER I -- GENERALLY
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
31b-5, 905; title 7 section 1507; title 15 section
637; title 16 sections 1a-6, 18i, 558c, 580j, 742f,
773a, 831b, 4604; title 18 sections 292, 1920, 1922;
title 22 sections 3970, 4048, 4606, 5422; title 25
section 450i; title 28 section 1877; title 29
section 1706; title 33 section 941; title 38
sections 106, 1316, 1317, 7802; title 39 section
1005; title 40 section 290; title 42 sections 251,
1654, 1701, 1702, 1706, 1856c, 2996d, 5055, 7142,
10704, 12555; title 43 section 1737; title 50 App.
sections 1291, 1292, 2004.
05 USC 8101. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
For the purpose of this subchapter --
(1) ''employee'' means --
(A) a civil officer or employee in any branch of the Government of
the United States, including an officer or employee of an
instrumentality wholly owned by the United States;
(B) an individual rendering personal service to the United States
similar to the service of a civil officer or employee of the United
States, without pay or for nominal pay, when a statute authorizes the
acceptance or use of the service, or authorizes payment of travel or
other expenses of the individual;
(C) an individual, other than an independent contractor or an
individual employed by an independent contractor, employed on the
Menominee Indian Reservation in Wisconsin in operations conducted under
a statute relating to tribal timber and logging operations on that
reservation;
(D) an individual employed by the government of the District of
Columbia; and
(E) an individual appointed to a position on the office staff of a
former President under section 1(b) of the Act of August 25, 1958 (72
Stat. 838);
but does not include --
(i) a commissioned officer of the Regular Corps of the Public Health
Service;
(ii) a commissioned officer of the Reserve Corps of the Public Health
Service on active duty;
(iii) a commissioned officer of the Environmental Science Services
Administration; or
(iv) a member of the Metropolitan Police or the Fire Department of
the District of Columbia who is pensioned or pensionable under sections
521-535 of title 4, District of Columbia Code; and
(F) /1/ an individual selected pursuant to chapter 121 of title 28,
United States Code, and serving as a petit or grand juror;
(2) ''physician'' includes surgeons, podiatrists, dentists, clinical
psychologists, optometrists, chiropractors, and osteopathic
practitioners within the scope of their practice as defined by State
law. The term ''physician'' includes chiropractors only to the extent
that their reimbursable services are limited to treatment consisting of
manual manipulation of the spine to correct a subluxation as
demonstrated by X-ray to exist, and subject to regulation by the
Secretary;
(3) ''medical, surgical, and hospital services and supplies''
includes services and supplies by podiatrists, dentists, clinical
psychologists, optometrists, chiropractors, osteopathic practitioners
and hospitals within the scope of their practice as defined by State
law. Reimbursable chiropractic services are limited to treatment
consisting of manual manipulation of the spine to correct a subluxation
as demonstrated by X-ray to exist, and subject to regulation by the
Secretary;
(4) ''monthly pay'' means the monthly pay at the time of injury, or
the monthly pay at the time disability begins, or the monthly pay at the
time compensable disability recurs, if the recurrence begins more than 6
months after the injured employee resumes regular full-time employment
with the United States, whichever is greater, except when otherwise
determined under section 8113 of this title with respect to any period;
(5) ''injury'' includes, in addition to injury by accident, a disease
proximately caused by the employment, and damage to or destruction of
medical braces, artificial limbs, and other prosthetic devices which
shall be replaced or repaired, and such time lost while such device or
appliance is being replaced or repaired; except that eyeglasses and
hearing aids would not be replaced, repaired, or otherwise compensated
for, unless the damages or destruction is incident to a personal injury
requiring medical services;
(6) ''widow'' means the wife living with or dependent for support on
the decedent at the time of his death, or living apart for reasonable
cause or because of his desertion;
(7) ''parent'' includes stepparents and parents by adoption;
(8) ''brother'' and ''sister'' mean one who at the time of the death
of the employee is under 18 years of age or over that age and incapable
of self-support, and include stepbrothers and stepsisters, half brothers
and half sisters, and brothers and sisters by adoption, but do not
include married brothers or married sisters;
(9) ''child'' means one who at the time of the death of the employee
is under 18 years of age or over that age and incapable of self-support,
and includes stepchildren, adopted children, and posthumous children,
but does not include married children;
(10) ''grandchild'' means one who at the time of the death of the
employee is under 18 years of age or over that age and incapable of
self-support;
(11) ''widower'' means the husband living with or dependent for
support on the decedent at the time of her death, or living apart for
reasonable cause or because of her desertion;
(12) ''compensation'' includes the money allowance payable to an
employee or his dependents and any other benefits paid for from the
Employees' Compensation Fund, but this does not in any way reduce the
amount of the monthly compensation payable for disability or death;
(13) ''war-risk hazard'' means a hazard arising during a war in which
the United States is engaged; during an armed conflict in which the
United States is engaged, whether or not war has been declared; or
during a war or armed conflict between military forces of any origin,
occurring in the country in which an individual to whom this subchapter
applies is serving; from --
(A) the discharge of a missile, including liquids and gas, or the use
of a weapon, explosive, or other noxious thing by a hostile force or
individual or in combating an attack or an imagined attack by a hostile
force or individual;
(B) action of a hostile force or individual, including rebellion or
insurrection against the United States or any of its allies;
(C) the discharge or explosion of munitions intended for use in
connection with a war or armed conflict with a hostile force or
individual;
(D) the collision of vessels on convoy or the operation of vessels or
aircraft without running lights or without other customary peacetime
aids to navigation; or
(E) the operation of vessels or aircraft in a zone of hostilities or
engaged in war activities;
(14) ''hostile force or individual'' means a nation, a subject of a
foreign nation, or an individual serving a foreign nation --
(A) engaged in a war against the United States or any of its allies;
(B) engaged in armed conflict, whether or not war has been declared,
against the United States or any of its allies; or
(C) engaged in a war or armed conflict between military forces of any
origin in a country in which an individual to whom this subchapter
applies is serving;
(15) ''allies'' means any nation with which the United States is
engaged in a common military effort or with which the United States has
entered into a common defensive military alliance;
(16) ''war activities'' includes activities directly relating to
military operations;
(17) ''student'' means an individual under 23 years of age who has
not completed 4 years of education beyond the high school level and who
is regularly pursuing a full-time course of study or training at an
institution which is --
(A) a school or college or university operated or directly supported
by the United States, or by a State or local government or political
subdivision thereof;
(B) a school or college or university which has been accredited by a
State or by a State-recognized or nationally recognized accrediting
agency or body;
(C) a school or college or university not so accredited but whose
credits are accepted, on transfer, by at least three institutions which
are so accredited, for credit on the same basis as if transferred from
an institution so accredited; or
(D) an additional type of educational or training institution as
defined by the Secretary of Labor.
Such an individual is deemed not to have ceased to be a student
during an interim between school years if the interim is not more than 4
months and if he shows to the satisfaction of the Secretary that he has
a bona fide intention of continuing to pursue a full-time course of
study or training during the semester or other enrollment period
immediately after the interim or during periods of reasonable duration
during which, in the judgment of the Secretary, he is prevented by
factors beyond his control from pursuing his education. A student whose
23rd birthday occurs during a semester or other enrollment period is
deemed a student until the end of the semester or other enrollment
period;
(18) ''price index'' means the Consumer Price Index (all items --
United States city average) published monthly by the Bureau of Labor
Statistics; and
(19) ''organ'' means a part of the body that performs a special
function, and for purposes of this subchapter excludes the brain, heart,
and back; and
(20) ''United States medical officers and hospitals'' includes
medical officers and hospitals of the Army, Navy, Air Force, Department
of Veterans Affairs, and United States Public Health Service, and any
other medical officer or hospital designated as a United States medical
officer or hospital by the Secretary of Labor.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 532; Pub. L. 90-83, 1(4),
(48), Sept. 11, 1967, 81 Stat. 196, 209; Pub. L. 93-416, 1, Sept. 7,
1974, 88 Stat. 1143; Pub. L. 96-499, title IV, 421(b), Dec. 5, 1980, 94
Stat. 2608; Pub. L. 97-463, 4, Jan. 12, 1983, 96 Stat. 2532; Pub. L.
102-54, 13(b)(1), June 13, 1991, 105 Stat. 274.)
Former section 790(a) is omitted as unnecessary in view of section 1
of title 1, United States Code.
Former section 790(c) is omitted as unnecessary as the term
''commission'' is not used in this subchapter.
Former section 790(i) is omitted as unnecessary as the title
''Secretary of Labor'' (substituted for ''Federal Security
Administrator'' by 1950 Reorg. Plan No. 19, 1, eff. May 24, 1950, 64
Stat. 1271) is fully set out the first time it is used in each section.
In paragraph (1)(B), the words ''to the United States'' are
substituted for ''to any department, independent establishment, or
agency thereof (including instrumentalities of the United States wholly
owned by it)''.
In paragraph (1)(C), the words ''subsequent to September 7, 1916''
are omitted as obsolete.
In paragraph (1)(iv), the words ''under sections 521-535 of title 4,
District of Columbia Code'' are substituted for ''under the provisions
of the District of Columbia Appropriation Act approved September 1,
1916''.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Paragraph (17) is reorganized and restated for clarity and to conform
to the style of title 5, United States Code. In clause (D), the words
''Secretary of Labor'' are substituted for ''Secretary'' on authority of
section 40(i) of the Federal Employees' Compensation Act.
In paragraph (19), the words ''July 1966 and each later month'' are
substituted for ''the month this section becomes effective and each
month thereafter''. The words ''section 8146a of this title'' are
substituted for ''this section'' to reflect the codification of section
43 in title 5.
Act of August 25, 1958, 72 Stat. 838, referred to in par. (1)(E), is
set out as a note under section 102 of Title 3, The President.
Sections 521-535 of title 4, District of Columbia Code, referred to
in par. (1)(iv), were transferred to sections 4-607, 4-609, 4-610,
4-612, 4-613, 4-615, 4-616, 4-618 to 4-620, 4-622, 4-626, 4-627, 4-629,
and 4-630, respectively, of Title 4, Police and Fire Departments, of the
District of Columbia Code.
1991 -- Par. (20). Pub. L. 102-54 substituted ''Department of
Veterans Affairs'' for ''Veterans' Administration''.
1983 -- Par. (1)(F). Pub. L. 97-463 struck out ''and who is
otherwise an employee for the purposes of this subchapter as defined by
paragraph (A), (B), (C), (D), and (E) of this subsection'' after ''petit
or grand juror''.
1980 -- Pars. (19) to (21). Pub. L. 96-499 struck out par. (19)
which defined ''base month'' as the month of July 1966 and each later
month which was used as a basis for calculating an increase under
section 8146a of this title, and redesignated pars. (20) and (21) as
(19) and (20), respectively.
1974 -- Par. (1)(D). Pub. L. 93-416, 1(g), struck out ''and'' after
the semicolon.
Par. (1)(F). Pub. L. 93-416, 1(a), added par. (1)(F).
Par. (2). Pub. L. 93-416, 1(b), expanded definition of ''physician''
to include podiatrists, dentists, clinical psychologists, optometrists,
and chiropractors and inserted provision limiting the extent to which
chiropractors are included.
Par. (3). Pub. L. 93-416, 1(c), included within ''medical, surgical,
and hospital services and supplies'' those supplied by podiatrists,
dentists, clinical psychologists, optometrists, and chiropractors and
limited the reimbursable services of chiropractors.
Par. (5). Pub. L. 93-416, 1(d), added to definition of ''injury''
damage to or destruction of medical braces, artificial limbs, and other
prosthetic devices and excepted eyeglasses and hearing aids unless
damage or destruction is incidental to a personal injury requiring
medical services.
Par. (11). Pub. L. 93-416, 1(e), substituted ''the husband living
with or dependent for support on the decedent at the time of her death,
or living apart for reasonable cause because of her desertion'' for
''one who, because of physical or mental disability, was wholly
dependent for support on the employee at the time of her death'' as
definition of ''widower''.
Pars. (20), (21). Pub. L. 93-416, 1(f), added pars. (20) and (21).
1967 -- Par. (1)(iii). Pub. L. 90-83, 1(4), substituted
''Environmental Science Services Administration'' for ''Coast and
Geodetic Survey''. See Historical and Revision Notes under section 2101
of this title.
Section 422 of Pub. L. 96-499 provided that: ''The amendments made
by section 421 (amending this section and section 8146a of this title)
shall take effect on the date of the enactment of this Act (Dec. 5,
1980) with respect to any adjustments which are to be made on or after
that date; except that the period specified in such section as
extending from December to December shall, with respect to the
adjustment to be made on March 1, 1981, extend instead from the last
month in which the price index resulted in an adjustment prior to
enactment to December of 1980.''
Section 28(a) of Pub. L. 93-416 provided that: ''Except as
otherwise provided by this section this Act (enacting section 8151 of
this title, amending this section and sections 8103, 8104, 8107, 8110,
8111, 8113, 8116, 8117, 8118, 8119, 8121, 8122, 8132, 8135, 8142, 8143,
8146a of this title, repealing section 3315a of this title, and enacting
provisions set out as notes under this section and section 8116 of this
title) shall take effect on the date of enactment (Sept. 7, 1974) and
be applicable to any injury or death occurring on or after such
effective date (Sept. 7, 1974). The amendments made by sections 1(b)
and (c) (amending this section), 2 (amending section 8103 of this
title), 3 (amending section 8104 of this title), 7(a) and (b) (amending
section 8111 of this title), 8(a) (amending section 8113 of this title),
8(b) (amending section 8143 of this title), 9 (amending section 8116 of
this title), 16(a) (amending section 8133 of this title), 16(b)
(amending section 8135 of this title), 17 (amending section 8133 of this
title), 19 (amending section 8135 of this title), 20 (amending section
8135 of this title), 21 (amending section 8146a of this title), 22
(enacting section 8151 of this title), 24 (amending section 8146a of
this title), and 25 (amending section 8147 of this title), shall be
applicable to cases where the injury or death occurred prior to the date
of enactment (Sept. 7, 1974) but the provisions of these sections shall
be applicable only to a period beginning on or after the date of
enactment (Sept. 7, 1974).''
Pub. L. 101-534, 1, Nov. 7, 1990, 104 Stat. 2352, provided that:
''This Act (amending section 8111 of this title and enacting provisions
set out as a note under section 8111 of this title) may be cited as the
'Attendant Allowance Adjustment Act'.''
Environmental Science Services Administration in Department of
Commerce, including offices of Administrator and Deputy Administrator
thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970,
35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to this title,
which created National Oceanic and Atmospheric Administration in
Department of Commerce and transferred personnel, property, records, and
unexpended balances of funds of Environmental Science Services
Administration to such newly created National Oceanic and Atmospheric
Administration. Components of Environmental Science Services
Administration thus transferred included Weather Bureau (now National
Weather Service), Coast and Geodetic Survey (now National Ocean Survey),
Environmental Data Services, National Environmental Satellite Center,
and ESSA Research Laboratories.
Functions of Public Health Service, Surgeon General of Public Health
Service, and all other officers and employees of Public Health Service,
and functions of all agencies of or in Public Health Service,
transferred to Secretary of Health, Education, and Welfare by 1966
Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25,
1966, set out in the Appendix to this title. Secretary of Health,
Education, and Welfare redesignated Secretary of Health and Human
Services by section 3508 of Title 20, Education.
Pub. L. 93-198, title II, 204(e), Dec. 24, 1973, 87 Stat. 783,
provided that: ''All functions of the Secretary under chapter 81 of
title 5 of the United States Code, with respect to the processing of
claims filed by employees of the government of the District for
compensation for work injuries, are transferred to and shall be
exercised by the Commissioner, effective the day after the day on which
the District establishes an independent personnel system or systems.''
An independent personnel system was established for the District by D.
C. Law 2-139, Mar. 3, 1979, 25 DCR 5740, which appears in chapter 6 (
1-601 et seq.) of Title 1, Administration, of the District of Columbia
Code.
Section 27 of Pub. L. 93-416 provided that the Secretary of Labor
was to conduct a study of the provisions of this subchapter and its
programs which was to include: hearings, research, and other activities
necessary to formulate recommendations; an examination of need for
authority to increase allowances for services of attendants above the
maximum fixed by section 8111 of this title in exceptional
circumstances; an examination of the effectiveness of this subchapter;
and recommendations as to survivor benefits. The Secretary was to
report the results of the study together with his findings and
recommendations not later than 12 months after Sept. 7, 1974.
Applicability of this subchapter to compensation for injury, death,
or detention of employees of contractors with United States outside of
the United States, see sections 1701 to 1706 and 1711 to 1717 of Title
42, The Public Health and Welfare.
Civil Service disability retirement annuity and compensation for
injury or disability under this subchapter covering the same period of
time as mutually exclusive, see section 8337 of this title.
Compensation for injury or death of temporary members of Reserve and
Auxiliary members of Coast Guard, see section 707 of Title 14, Coast
Guard.
Compensation under Defense Base Act for disability or death to
persons employed at Military, Air, and Naval Bases outside the United
States not to include employees covered by this subchapter, see section
1654 of Title 42, The Public Health and Welfare.
Dependency and indemnity compensation for service connected deaths,
see section 1316 of Title 38, Veterans' Benefits.
International organizations, coverage of employees transferring to,
see section 3582 of this title.
Internees under War Claims Act, see section 2004 of Title 50,
Appendix, War and National Defense.
Saint Lawrence Seaway Development Corporation, contributions to fund,
see section 987 of Title 33, Navigation and Navigable Waters.
Third party tort liability to United States for hospital and medical
care, see section 2651 et seq. of Title 42, The Public Health and
Welfare.
sections 1a-6, 18i, 558c, 742f, 773a, 4604; title 22
section 3973; title 29 section 1706; title 30
section 902; title 42 sections 3796b, 5055, 12555.
/1/ So in original. Pub. L. 93-416 added par. (F) immediately after
par. (iv), rather than after par. (E).
05 USC 8102. Compensation for disability or death of employee
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The United States shall pay compensation as specified by this
subchapter for the disability or death of an employee resulting from
personal injury sustained while in the performance of his duty, unless
the injury or death is --
(1) caused by willful misconduct of the employee;
(2) caused by the employee's intention to bring about the injury or
death of himself or of another; or
(3) proximately caused by the intoxication of the injured employee.
(b) Disability or death from a war-risk hazard or during or as a
result of capture, detention, or other restraint by a hostile force or
individual, suffered by an employee who is employed outside the
continental United States or in Alaska or in the areas and installations
in the Republic of Panama made available to the United States pursuant
to the Panama Canal Treaty of 1977 and related agreements (as described
in section 3(a) of the Panama Canal Act of 1979), is deemed to have
resulted from personal injury sustained while in the performance of his
duty, whether or not the employee was engaged in the course of
employment when the disability or disability resulting in death occurred
or when he was taken by the hostile force or individual. This
subsection does not apply to an individual --
(1) whose residence is at or in the vicinity of the place of his
employment and who was not living there solely because of the exigencies
of his employment, unless he was injured or taken while engaged in the
course of his employment; or
(2) who is a prisoner of war or a protected individual under the
Geneva Conventions of 1949 and is detained or utilized by the United
States.
This subsection does not affect the payment of compensation under
this subchapter derived otherwise than under this subsection, but
compensation for disability or death does not accrue for a period for
which pay, other benefit, or gratuity from the United States accrues to
the disabled individual or his dependents on account of detention by the
enemy or because of the same disability or death, unless that pay,
benefit, or gratuity is refunded or renounced.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 534; Pub. L. 96-70, title
I, 1231(d), Sept. 27, 1979, 93 Stat. 470.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Section 3(a) of the Panama Canal Act of 1979, referred to in subsec.
(b), is classified to section 3602(a) of Title 22, Foreign Relations and
Intercourse.
1979 -- Subsec. (b). Pub. L. 96-70 substituted ''areas and
installations in the Republic of Panama made available to the United
States pursuant to the Panama Canal Treaty of 1977 and related
agreements (as described in section 3(a) of the Panama Canal Act of
1979)'' for ''Canal Zone''.
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70, set out as an Effective Date note under section 3601
of Title 22, Foreign Relations and Intercourse.
05 USC 8103. Medical services and initial medical and other benefits
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The United States shall furnish to an employee who is injured
while in the performance of duty, the services, appliances, and supplies
prescribed or recommended by a qualified physician, which the Secretary
of Labor considers likely to cure, give relief, reduce the degree or the
period of disability, or aid in lessening the amount of the monthly
compensation. These services, appliances, and supplies shall be
furnished --
(1) whether or not disability has arisen;
(2) notwithstanding that the employee has accepted or is entitled to
receive benefits under subchapter III of chapter 83 of this title or
another retirement system for employees of the Government; and
(3) by or on the order of United States medical officers and
hospitals, or, at the employee's option, by or on the order of
physicians and hospitals designated or approved by the Secretary.
The employee may initially select a physician to provide medical
services, appliances, and supplies, in accordance with such regulations
and instructions as the Secretary considers necessary, and may be
furnished necessary and reasonable transportation and expenses incident
to the securing of such services, appliances, and supplies. These
expenses, when authorized or approved by the Secretary, shall be paid
from the Employees' Compensation Fund.
(b) The Secretary, under such limitations or conditions as he
considers necessary, may authorize the employing agencies to provide for
the initial furnishing of medical and other benefits under this section.
The Secretary may certify vouchers for these expenses out of the
Employees' Compensation Fund when the immediate superior of the employee
certifies that the expense was incurred in respect to an injury which
was accepted by the employing agency as probably compensable under this
subchapter. The Secretary shall prescribe the form and content of the
certificate.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 535; Pub. L. 90-83, 1( 49),
Sept. 11, 1967, 81 Stat. 209; Pub. L. 93-416, 2, Sept. 7, 1974, 88
Stat. 1144.)
In subsection (b), the words ''when the immediate superior of the
employee certifies'' are substituted for ''upon certification by the
person required by section 774 of this title to make reports of
injury''.
The last sentence of former section 759(a) is omitted as executed.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
The words ''another retirement system for employees of the
Government'' are substituted for ''any other Federal Act or program
providing retirement benefits for employees''.
1974 -- Subsec. (a). Pub. L. 93-416 substituted ''at the employee's
option'' for ''when this is not practicable'', struck out ''private''
before ''physicians and hospitals'' in par. (3), and, in provision
following par. (3), added authorization for the employee to initially
select a physician in accordance with such regulations and instructions
considered necessary by the Secretary.
Amendment by Pub. L. 93-416 applicable to cases where injury or
death occurred prior to Sept. 7, 1974, but only to a period beginning
on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93-416, set
out as a note under section 8101 of this title.
Section 7 of Pub. L. 90-83 provided that: ''Nothing in this or any
other Act makes the increases authorized by section 1(49) -- (52)
(amending sections 8103, 8107, 8108, and 8109 of this title), 53(B) and
(C) (amending section 8110 of this title), (54) -- (58) (amending
section 8111, 8112, 8116, 8122, and 8124 of this title), (60) (amending
section 8131 of this title), (61) (amending section 8132 of this title),
(62) (B) (amending section 8133(e) of this title), (63) (amending
section 8135 of this title), (67) (adding section 8146a of this title),
(68) (amending section 8147 of this title), and (71) (amending section
8149 of this title) of this Act applicable to --
''(1) an employee or individual not within the definition of
'employee' in section 8101(1)(A), (B), or (D) of title 5, United States
Code;
''(2) a member of the Metropolitan Police or the Fire Department of
the District of Columbia who is pensioned or pensionable under sections
521 -- 535 of title 4, District of Columbia Code; or
''(3) a member of a uniformed service.''
Medical examination and treatment of Federal employees by Public
Health Service, see section 251 of Title 42, The Public Health and
Welfare.
05 USC 8104. Vocational rehabilitation
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Secretary of Labor may direct a permanently disabled
individual whose disability is compensable under this subchapter to
undergo vocational rehabilitation. The Secretary shall provide for
furnishing the vocational rehabilitation services. In providing for
these services, the Secretary, insofar as practicable, shall use the
services or facilities of State agencies and corresponding agencies
which cooperate with the Secretary of Health, Education, and Welfare in
carrying out the purposes of chapter 4 of title 29, except to the extent
that the Secretary of Labor provides for furnishing these services under
section 8103 of this title. The cost of providing these services to
individuals undergoing vocational rehabilitation under this section
shall be paid from the Employees' Compensation Fund. However, in
reimbursing a State or corresponding agency under an arrangement
pursuant to this section the cost to the agency reimbursable in full
under section 32(b)(1) of title 29 is excluded.
(b) Notwithstanding section 8106, individuals directed to undergo
vocational rehabilitation by the Secretary shall, while undergoing such
rehabilitation, receive compensation at the rate provided in sections
8105 and 8110 of this title, less the amount of any earnings received
from remunerative employment, other than employment undertaken pursuant
to such rehabilitation.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 535; Pub. L. 93-416, 3,
Sept. 7, 1974, 88 Stat. 1144.)
In the third sentence, the words ''the Secretary of Health,
Education, and Welfare'' are substituted for ''him'', referring to the
Administrator, on authority of section 1 (proviso) of 1950 Reorg. Plan
No. 19, 64 Stat. 1271, and section 5 of 1953 Reorg. Plan No. 1, 67
Stat. 632.
The words ''State agencies or corresponding agencies'' are
substituted for ''State agencies (or corresponding agencies in
Territories or possessions)'' as the agencies available for cooperation
are set out in the Vocational Rehabilitation Act (chapter 4 of title
29).
The words ''section 32(b)(1) of title 29'' are substituted for
''section 33(a) (4) of title 29'' on authority of the Act of Aug. 3,
1954, ch. 655, 2, 68 Stat. 652. Reference is limited to section 32(
b)(1) since section 32(b) (2), (3) is obsolete.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Chapter 4 of title 29, referred to in subsec. (a), refers to the
Vocational Rehabilitation Act, act June 2, 1920, ch. 219, 41 Stat.
735, as amended. Section 32(b)(1) of title 29, also referred to in
subsec. (a) (enacted Sept. 6, 1966), did not reflect amendment of
section 32(b) by Pub. L. 89-333 2(a), Nov. 8, 1965, 79 Stat. 1282,
which eliminated obsolete pars. (2) and (3) and redesignated par. (1)
provisions as subsec. (b) and amended such subsection. Section 32(b)
of title 29, refers to section 2(b) of act June 2, 1920, as amended.
Such provisions were repealed by section 500(a) of Pub. L. 93-112,
title V, Sept. 26, 1973, 87 Stat. 390, and pursuant to section 500(a)
of Pub. L. 93-112, which also provides that references to the
Vocational Rehabilitation Act in other provisions of law shall be deemed
a reference to the Rehabilitation Act of 1973, and are covered by
sections 701 et seq. and 731(a), respectively, of Title 29, Labor.
1974 -- Pub. L. 93-416 designated existing provisions as subsec.
(a) and added subsec. (b).
Amendment by Pub. L. 93-416 applicable to cases where injury or
death occurred prior to Sept. 7, 1974, but only to a period beginning
on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93-416, set
out as a note under section 8101 of this title.
For transfer of functions and offices (relating to Rehabilitation Act
of 1973) of Secretary and Department of Health, Education, and Welfare
to Secretary and Department of Education, see section 3441 of Title 20,
Education.
05 USC 8105. Total disability
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) If the disability is total, the United States shall pay the
employee during the disability monthly monetary compensation equal to 66
2/3 percent of his monthly pay, which is known as his basic compensation
for total disability.
(b) The loss of use of both hands, both arms, both feet, or both
legs, or the loss of sight of both eyes, is prima facie permanent total
disability.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 535.)
In subsection (a), the words ''Except as otherwise provided in
sections 751-756, 757-781, 783-791, and 793 of this title'' are omitted
as surplusage.
In subsection (b), the words ''Loss, or'' are omitted as included in
''loss of use of''. The words ''or the loss of sight of both eyes'' are
substituted for ''or both eyes or the sight thereof''.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8106. Partial disability
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) If the disability is partial, the United States shall pay the
employee during the disability monthly monetary compensation equal to 66
2/3 percent of the difference between his monthly pay and his monthly
wage-earning capacity after the beginning of the partial disability,
which is known as his basic compensation for partial disability.
(b) The Secretary of Labor may require a partially disabled employee
to report his earnings from employment or self-employment, by affidavit
or otherwise, in the manner and at the times the Secretary specifies.
The employee shall include in the affidavit or report the value of
housing, board, lodging, and other advantages which are part of his
earnings in employment or self-employment and which can be estimated in
money. An employee who --
(1) fails to make an affidavit or report when required; or
(2) knowingly omit or understates any part of his earnings;
forfeits his right to compensation with respect to any period for
which the affidavit or report was required. Compensation forfeited
under this subsection, if already paid, shall be recovered by a
deduction from the compensation payable to the employee or otherwise
recovered under section 8129 of this title, unless recovery is waived
under that section.
(c) A partially disabled employee who --
(1) refuses to seek suitable work; or
(2) refuses or neglects to work after suitable work is offered to,
procured by, or secured for him;
is not entitled to compensation.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 536.)
In subsection (a), the words ''Except as otherwise provided in
sections 751-756, 757-781, 783-791, and 793 of this title'' are omitted
as surplusage.
In subsection (b), the word ''remuneration'' is omitted as covered by
the word ''earnings''.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8107. Compensation schedule
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) If there is permanent disability involving the loss, or loss of
use, of a member or function of the body or involving disfigurement, the
employee is entitled to basic compensation for the disability, as
provided by the schedule in subsection (c) of this section, at the rate
of 66 2/3 percent of his monthly pay. The basic compensation is --
(1) payable regardless of whether the cause of the disability
originates in a part of the body other than that member;
(2) payable regardless of whether the disability also involves
another impairment of the body; and
(3) in addition to compensation for temporary total or temporary
partial disability.
(b) With respect to any period after payments under subsection (a) of
this section have ended, an employee is entitled to compensation as
provided by --
(1) section 8105 of this title if the disability is total; or
(2) section 8106 of this title if the disability is partial.
(c) The compensation schedule is as follows:
(1) Arm lost, 312 weeks' compensation.
(2) Leg lost, 288 weeks' compensation.
(3) Hand lost, 244 weeks' compensation.
(4) Foot lost, 205 weeks' compensation.
(5) Eye lost, 160 weeks' compensation.
(6) Thumb lost, 75 weeks' compensation.
(7) First finger lost, 46 weeks' compensation.
(8) Great toe lost, 38 weeks' compensation.
(9) Second finger lost, 30 weeks' compensation.
(10) Third finger lost, 25 weeks' compensation.
(11) Toe other than great toe lost, 16 weeks' compensation.
(12) Fourth finger lost, 15 weeks' compensation.
(13) Loss of hearing --
(A) complete loss of hearing of one ear, 52 weeks' compensation; or
(B) complete loss of hearing of both ears, 200 weeks' compensation.
(14) Compensation for loss of binocular vision or for loss of 80
percent or more of the vision of an eye is the same as for loss of the
eye.
(15) Compensation for loss of more than one phalanx of a digit is the
same as for loss of the entire digit. Compensation for loss of the
first phalanx is one-half of the compensation for loss of the entire
digit.
(16) If, in the case of an arm or a leg, the member is amputated
above the wrist or ankle, compensation is the same as for loss of the
arm or leg, respectively.
(17) Compensation for loss of use of two or more digits, or one or
more phalanges of each of two or more digits, of a hand or foot, is
proportioned to the loss of use of the hand or foot occasioned thereby.
(18) Compensation for permanent total loss of use of a member is the
same as for loss of the member.
(19) Compensation for permanent partial loss of use of a member may
be for proportionate loss of use of the member. The degree of loss of
vision or hearing under this schedule is determined without regard to
correction.
(20) In case of loss of use of more than one member or parts of more
than one member as enumerated by this schedule, the compensation is for
loss of use of each member or part thereof, and the awards run
consecutively. However, when the injury affects only two or more digits
of the same hand or foot, paragraph (17) of this subsection applies, and
when partial bilateral loss of hearing is involved, compensation is
computed on the loss as affecting both ears.
(21) For serious disfigurement of the face, head, or neck of a
character likely to handicap an individual in securing or maintaining
employment, proper and equitable compensation not to exceed $3,500 shall
be awarded in addition to any other compensation payable under this
schedule.
(22) For permanent loss or loss of use of any other important
external or internal organ of the body as determined by the Secretary,
proper and equitable compensation not to exceed 312 weeks' compensation
for each organ so determined shall be paid in addition to any other
compensation payable under this schedule.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 536; Pub. L. 90-83, 1( 50),
Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, 4, 5, Sept. 7, 1974, 88
Stat. 1144, 1145.)
The words ''loss, or'' are omitted throughout this section as
included in ''loss of use of''.
In subsection (a)(B), the words ''under sections 751-754 of this
title'' are omitted as surplusage.
In subsection (b)(1), the words ''(including paragraphs (16) and (20)
thereof)'' are omitted as surplusage.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
In subsection (a), the words ''If there is'' are substituted for ''In
any case of''. The words ''loss, or'' are omitted as included in ''loss
of use of'' and to conform to the remainder of the section. The words
''the employee is entitled to basic compensation for the disability''
are substituted for ''basic compensation for such disability shall be
payable to the disabled employee''. The words ''by the schedule in
subsection (c) of this section'' are substituted for ''in the following
schedule'' to reflect the codification of the schedule in subsection
(c). The words ''The schedule referred to in the first sentence is as
follows:'' are omitted as unnecessary in view of the codification of
that schedule in subsection (c).
In subsection (b), the words ''an employee is entitled to
compensation'' are substituted for ''compensation shall be paid'' for
consistency with subsection (a). In subsections (b) (1) and (2), the
words ''section 8105 of this title'' and ''section 8106 of this title''
are substituted for ''section 3'' and ''subsection (a) of section 4'',
respectively, to reflect the codification of title 5.
1974 -- Subsec. (a). Pub. L. 93-416, 4, substituted ''involving the
loss, or loss of use'' for ''involving the loss of use''.
Subsec. (c)(22). Pub. L. 93-416, 5, added par. (22).
Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and applicable
to any injury or death occurring on or after such effective date, see
section 28(a) of Pub. L. 93-416, set out as a note under section 8101
of this title.
Increases authorized under amendment by Pub. L. 90-83 not applicable
to specified personnel, see section 7 of Pub. L. 90-83, set out as a
note under section 8103 of this title.
Right to compensation for scheduled disabilities specified by subsec.
(c) of this section not impaired by eligibility for benefits under
subchapter III of chapter 83 of this title, see section 8116 of this
title.
section 1921; title 22 section 4048.
05 USC 8108. Reduction of compensation for subsequent injury to same
member
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The period of compensation payable under the schedule in section
8107(c) of this title is reduced by the period of compensation paid or
payable under the schedule for an earlier injury if --
(1) compensation in both cases is for disability of the same member
or function or different parts of the same member or function or for
disfigurement; and
(2) the Secretary of Labor finds that compensation payable for the
later disability in whole or in part would duplicate the compensation
payable for the preexisting disability.
In such a case, compensation for disability continuing after the
scheduled period starts on expiration of that period as reduced under
this section.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90-83, 1( 51),
Sept. 11, 1967, 81 Stat. 210.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Increases authorized under amendment by Pub. L. 90-83 not applicable
to specified personnel, see section 7 of Pub. L. 90-83, set out as a
note under section 8103 of this title.
05 USC 8109. Beneficiaries of awards unpaid at death; order of
precedence
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) If an individual --
(1) has sustained disability compensable under section 8107(a) of
this title;
(2) has filed a valid claim in his lifetime; and
(3) dies from a cause other than the injury before the end of the
period specified by the schedule;
the compensation specified by the schedule that is unpaid at his
death, whether or not accrued or due at his death, shall be paid --
(A) under an award made before or after the death;
(B) for the period specified by the schedule;
(C) to and for the benefit of the persons then in being within the
classes and proportions and on the conditions specified by this section;
and
(D) in the following order of precedence:
(i) If there is no child, to the widow or widower.
(ii) If there are both a widow or widower and a child or children,
one-half to the widow or widower and one-half to the child or children.
(iii) If there is no widow or widower, to the child or children.
(iv) If there is no survivor in the above classes, to the parent or
parents wholly or partly dependent for support on the decedent, or to
other wholly dependent relatives listed by section 8133(a)(5) of this
title, or to both in proportions provided by regulation.
(v) If there is no survivor in the above classes and no burial
allowance is payable under section 8134 of this title, an amount not
exceeding that which would be expendable under section 8134 of this
title if applicable shall be paid to reimburse a person equitably
entitled thereto to the extent and in the proportion that he has paid
the burial expenses, but a compensated insurer or other person obligated
by law or contract to pay the burial expenses or a State or political
subdivision or entity is deemed not equitably entitled.
(b) Payments under subsection (a) of this section, except for an
amount payable for a period preceding the death of the individual, are
at the basic rate of compensation for permanent disability specified by
section 8107(a) of this title even if at the time of death the
individual was entitled to the augmented rate specified by section 8110
of this title.
(c) A surviving beneficiary under subsection (a) of this section,
except one under subsection (a)(D)(v), does not have a vested right to
payment and must be alive to receive payment.
(d) A beneficiary under subsection (a) of this section, except one
under subsection (a)(D)(v), ceases to be entitled to payment on the
happening of an event which would terminate his right to compensation
for death under section 8133 of this title. When that entitlement
ceases, compensation remaining unpaid under subsection (a) of this
section is payable to the surviving beneficiary in accordance with
subsection (a) of this section.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90-83, 1( 52),
Sept. 11, 1967, 81 Stat. 210.)
The references in former section 755(d) to definitions in former
section 760(B), (H) are omitted as unnecessary as the definitions are
included in section 8101 for the entire subchapter.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Increases authorized under amendment by Pub. L. 90-83 not applicable
to specified personnel, see section 7 of Pub. L. 90-83, set out as a
note under section 8103 of this title.
05 USC 8110. Augmented compensation for dependents
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For the purpose of this section, ''dependent'' means --
(1) a wife, if --
(A) she is member of the same household as the employee;
(B) she is receiving regular contributions from the employee for her
support; or
(C) the employee has been ordered by a court to contribute to her
support;
(2) a husband, if --
(A) he is a member of the same household as the employee; or
(B) he is receiving regular contributions from the employee for his
support; or
(C) the employee has been ordered by a court to contribute to his
support;
(3) an unmarried child, while living with the employee or receiving
regular contributions from the employee toward his support, and who is
--
(A) under 18 years of age; or
(B) over 18 years of age and incapable of self-support because of
physical or mental disability; and
(4) a parent, while wholly dependent on and supported by the
employee.
Notwithstanding paragraph (3) of this subsection, compensation
payable for a child that would otherwise end because the child has
reached 18 years of age shall continue if he is a student as defined by
section 8101 of this title at the time he reaches 18 years of age for so
long as he continues to be such a student or until he marries.
(b) A disabled employee with one or more dependents is entitled to
have his basic compensation for disability augmented --
(1) at the rate of 8 1/3 percent of his monthly pay if that
compensation is payable under section 8105 or 8107(a) of this title;
and
(2) at the rate of 8 1/3 percent of the difference between his
monthly pay and his monthly wage-earning capacity if that compensation
is payable under section 8106(a) of this title.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 539; Pub. L. 90-83, 1( 53),
Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, 6, Sept. 7, 1974, 88
Stat. 1145.)
The references in former section 756(a)(2) to definitions in former
section 760(H) are omitted as unnecessary as the definitions are
included in section 8101 for the entire subchapter.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
In subsection (a), the words ''Notwithstanding paragraph (3) of this
subsection'' are substituted for ''Notwithstanding any other provision
of this section'' for clarity. The word ''he'' is substituted for ''he
or she'' in two places on authority of 1 U.S.C. 1. The words ''section
8101 of this title'' are substituted for ''section 10(M) of this Act''
to reflect the codification of that section in title 5.
1974 -- Subsec. (a)(2). Pub. L. 93-416 substituted provisions of
subpars. (A), (B) and (C) for ''wholly dependent on the employee for
support because of his own physical or mental disability''.
Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and applicable
to any injury or death occurring on or after such effective date, see
section 28(a) of Pub. L. 93-416, set out as a note under section 8101
of this title.
Increases authorized under amendment by section 1(53)(B), (C) of Pub.
L. 90-83 not applicable to specified personnel, see section 7 of Pub.
L. 90-83, set out as a note under section 8103 of this title.
05 USC 8111. Additional compensation for services of attendants or
vocational rehabilitation
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Secretary of Labor may pay an employee who has been awarded
compensation an additional sum of not more than $1,500 a month, as the
Secretary considers necessary, when the Secretary finds that the service
of an attendant is necessary constantly because the employee is totally
blind, or has lost the use of both hands or both feet, or is paralyzed
and unable to walk, or because of other disability resulting from the
injury making him so helpless as to require constant attendance.
(b) The Secretary may pay an individual undergoing vocational
rehabilitation under section 8104 of this title additional compensation
necessary for his maintenance, but not to exceed $200 a month.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 539; Pub. L. 90-83, 1( 54),
Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, 7, Sept. 7, 1974, 88
Stat. 1145; Pub. L. 101-534, 2, Nov. 7, 1990, 104 Stat. 2352.)
In subsection (a), the words ''In addition to the monthly
compensation otherwise specified in sections 751-756, 757-871, 783-791,
and 793 of this title'' are omitted as surplusage.
In subsection (b), the words ''pursuant to the Secretary's
direction'' are omitted as unnecessary.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1990 -- Subsec. (a). Pub. L. 101-534 substituted ''$1,500'' for
''$500''.
1974 -- Subsec. (a). Pub. L. 93-416, 7(a), substituted ''$500'' for
''$300''.
Subsec. (b). Pub. L. 93-416, 7(b), substituted ''$200'' for ''$100''.
Section 3 of Pub. L. 101-534 provided that: ''The amendment made by
section 2 (amending this section) shall take effect October 1, 1990.''
Amendment by Pub. L. 93-416 applicable to cases where injury or
death occurred prior to Sept. 7, 1974, but only to a period beginning
on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93-416, set
out as a note under section 8101 of this title.
Increases authorized under amendment by section 1(54) of Pub. L.
90-83 not applicable to specified personnel, see section 7 of Pub. L.
90-83, set out as a note under section 8103 of this title.
05 USC 8112. Maximum and minimum monthly payments
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Except as provided by section 8138 of this title, the monthly
rate of compensation for disability, including augmented compensation
under section 8110 of this title but not including additional
compensation under section 8111 of this title, may not be more than 75
percent of the monthly pay of the maximum rate of basic pay for GS-15,
and in case of total disability may not be less than 75 percent of the
monthly pay of the minimum rate of basic pay for GS-2 or the amount of
the monthly pay of the employee, whichever is less.
(b) The provisions of subsection (a) shall not apply to any employee
whose disability is a result of an assult which occurs during an
assassination or attempted assassination of a Federal official described
under section 351(a) or 1751(a) of title 18, and was sustained in the
performance of duty.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 90-83, 1( 55),
Sept. 11, 1967, 81 Stat. 210; Pub. L. 100-566, 5, Oct. 31, 1988, 102
Stat. 2845.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
The words ''maximum rate of basic pay for GS-15'' and ''minimum rate
of basic pay for GS-2'' are substituted for ''highest rate of basic
compensation provided for grade 15 of the General Schedule of the
Classification Act of 1949'' and ''lowest rate of basic compensation
provided for grade 2 by such General Schedule'', respectively, for
consistency of style within title 5 and to reflect the codification of
the Classification Act of 1949 in title 5.
1988 -- Pub. L. 100-566 designated existing provisions as subsec.
(a) and added subsec. (b).
Increases authorized under amendment by section 1(55) of Pub. L.
90-83 not applicable to specified personnel, see section 7 of Pub. L.
90-83, set out as a note under section 8103 of this title.
05 USC 8113. Increase or decrease of basic compensation
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) If an individual --
(1) was a minor or employed in a learner's capacity at the time of
injury; and
(2) was not physically or mentally handicapped before the injury;
the Secretary of Labor, on review under section 8128 of this title
after the time the wage-earning capacity of the individual would
probably have increased but for the injury, shall recompute
prospectively the monetary compensation payable for disability on the
basis of an assumed monthly pay corresponding to the probable increased
wage-earning capacity.
(b) If an individual without good cause fails to apply for and
undergo vocational rehabilitation when so directed under section 8104 of
this title, the Secretary, on review under section 8128 of this title
and after finding that in the absence of the failure the wage-earning
capacity of the individual would probably have substantially increased,
may reduce prospectively the monetary compensation of the individual in
accordance with what would probably have been his wage-earning capacity
in the absence of the failure, until the individual in good faith
complies with the direction of the Secretary.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 90-83, 1(
100), Sept. 11, 1967, 81 Stat. 220; Pub. L. 93-416, 8(a), Sept. 7,
1974, 88 Stat. 1145.)
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
This section amends section 8113(b) of title 5, United States Code,
to conform to the source statute (sec. 6(d)(1) of the Federal Employees'
Compensation Act, as amended (63 Stat. 859)).
1974 -- Subsecs. (b), (c). Pub. L. 93-416 struck out subsec. (b)
which authorized the Secretary to prospectively recompute compensation
because of decreased wage earning power after age 70, aside from injury,
and redesignated subsec. (c) as (b).
Amendment by Pub. L. 93-416 applicable to case where injury or death
occurred prior to Sept. 7, 1974, but only to a period beginning on or
after Sept. 7, 1974, see section 28(a) of Pub. L. 93-416, set out as a
note under section 8101 of this title.
Amendment by Pub. L. 90-83 effective as of Sept. 6, 1966, for all
purposes, see section 9(h) of Pub. L. 90-83, set out as a note under
section 5102 of this title.
1706; title 42 section 5055.
05 USC 8114. Computation of pay
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For the purpose of this section --
(1) ''overtime pay'' means pay for hours of service in excess of a
statutory or other basic workweek or other basic unit of worktime, as
observed by the employing establishment; and
(2) ''year'' means a period of 12 calendar months, or the equivalent
thereof as specified by regulations prescribed by the Secretary of
Labor.
(b) In computing monetary compensation for disability or death on the
basis of monthly pay, that pay is determined under this section.
(c) The monthly pay at the time of injury is deemed one-twelfth of
the average annual earnings of the employee at that time. When
compensation is paid on a weekly basis, the weekly equivalent of the
monthly pay is deemed one-fifty-second of the average annual earnings.
However, for so much of a period of total disability as does not exceed
90 calendar days from the date of the beginning of compensable
disability, the compensation, in the discretion of the Secretary of
Labor, may be computed on the basis of the actual daily wage of the
employee at the time of injury in which event he may be paid
compensation for the days he would have worked but for the injury.
(d) Average annual earnings are determined as follows:
(1) If the employee worked in the employment in which he was employed
at the time of his injury during substantially the whole year
immediately preceding the injury and the employment was in a position
for which an annual rate of pay --
(A) was fixed, the average annual earnings are the annual rate of
pay; or
(B) was not fixed, the average annual earnings are the product
obtained by multiplying his daily wage for the particular employment, or
the average thereof if the daily wage has fluctuated, by 300 if he was
employed on the basis of a 6-day workweek, 280 if employed on the basis
of a 5 1/2-day week, and 260 if employed on the basis of a 5-day week.
(2) If the employee did not work in employment in which he was
employed at the time of his injury during substantially the whole year
immediately preceding the injury, but the position was one which would
have afforded employment for substantially a whole year, the average
annual earnings are a sum equal to the average annual earnings of an
employee of the same class working substantially the whole immediately
preceding year in the same or similar employment by the United States in
the same or neighboring place, as determined under paragraph (1) of this
subsection.
(3) If either of the foregoing methods of determining the average
annual earnings cannot be applied reasonably and fairly, the average
annual earnings are a sum that reasonably represents the annual earning
capacity of the injured employee in the employment in which he was
working at the time of the injury having regard to the previous earnings
of the employee in Federal employment, and of other employees of the
United States in the same or most similar class working in the same or
most similar employment in the same or neighboring location, other
previous employment of the employee, or other relevant factors.
However, the average annual earnings may not be less than 150 times the
average daily wage the employee earned in the employment during the days
employed within 1 year immediately preceding his injury.
(4) If the employee served without pay or at nominal pay, paragraphs
(1), (2), and (3) of this subsection apply as far as practicable, but
the average annual earnings of the employee may not exceed the minimum
rate of basic pay for GS-15. If the average annual earnings cannot be
determined reasonably and fairly in the manner otherwise provided by
this section, the average annual earnings shall be determined at the
reasonable value of the service performed but not in excess of $3,600 a
year.
(e) The value of subsistence and quarters, and of any other form of
remuneration in kind for services if its value can be estimated in
money, and premium pay under section 5545(c)(1) of this title are
included as part of the pay, but account is not taken of --
(1) overtime pay;
(2) additional pay or allowance authorized outside the United States
because of differential in cost of living or other special
circumstances; or
(3) bonus or premium pay for extraordinary service including bonus or
pay for particularly hazardous service in time of war.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 89-737, 1( 1),
Nov. 2, 1966, 80 Stat. 1164.)
In subsection (d)(4), the words ''the minimum rate of basic pay for
GS-15'' are substituted for ''the basic rate of annual compensation
specified under the Classification Act of 1949, as amended, for
positions in grade GS-15 at the bottom of such grade''. In former
section 762, the words ''Classification Act of 1949'' were substituted
for ''Classification Act of 1923'' on authority of 1106(a) of the Act of
Oct. 28, 1949, ch. 782, 63 Stat. 972.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1966 -- Subsec. (e). Pub. L. 89-737 inserted reference to premium
pay under section 5545(c)(1) of this title.
Section 4 of Pub. L. 89-737, which provided that the amendments made
by this Act (amending this section and sections 8331 and 8704 of this
title) apply with respect to premium pay payable from and after the
first day of the first pay period which begins after the date of
enactment of this Act (Nov. 2, 1966), was repealed by Pub. L. 90-83,
10(b), Sept. 11, 1967, 81 Stat. 223.
05 USC 8115. Determination of wage-earning capacity
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) In determining compensation for partial disability, except
permanent partial disability compensable under sections 8107-8109 of
this title, the wage-earning capacity of an employee is determined by
his actual earnings if his actual earnings fairly and reasonably
represent his wage-earning capacity. If the actual earnings of the
employee do not fairly and reasonably represent his wage-earning
capacity or if the employee has no actual earnings, his wage-earning
capacity as appears reasonable under the circumstances is determined
with due regard to --
(1) the nature of his injury;
(2) the degree of physical impairment;
(3) his usual employment;
(4) his age;
(5) his qualifications for other employment;
(6) the availability of suitable employment; and
(7) other factors or circumstances which may affect his wage-earning
capacity in his disabled condition.
(b) Section 8114(d) of this title is applicable in determining the
wage-earning capacity of an employee after the beginning of partial
disability.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 542.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8116. Limitations on right to receive compensation
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) While an employee is receiving compensation under this
subchapter, or if he has been paid a lump sum in commutation of
installment payments until the expiration of the period during which the
installment payments would have continued, he may not receive salary,
pay, or remuneration of any type from the United States, except --
(1) in return for service actually performed;
(2) pension for service in the Army, Navy, or Air Force;
(3) other benefits administered by the Department of Veterans Affairs
unless such benefits are payable for the same injury or the same death;
and
(4) retired pay, retirement pay, retainer pay, or equivalent pay for
service in the Armed Forces or other uniformed services, subject to the
reduction of such pay in accordance with section 5532(b) of title 5,
United States Code.
However, eligibility for or receipt of benefits under subchapter III
of chapter 83 of this title, or another retirement system for employees
of the Government, does not impair the right of the employee to
compensation for scheduled disabilities specified by section 8107(c) of
this title.
(b) An individual entitled to benefits under this subchapter because
of his injury, or because of the death of an employee, who also is
entitled to receive from the United States under a provision of statute
other than this subchapter payments or benefits for that injury or death
(except proceeds of an insurance policy), because of service by him (or
in the case of death, by the deceased) as an employee or in the armed
forces, shall elect which benefits he will receive. The individual
shall make the election within 1 year after the injury or death or
within a further time allowed for good cause by the Secretary of Labor.
The election when made is irrevocable, except as otherwise provided by
statute.
(c) The liability of the United States or an instrumentality thereof
under this subchapter or any extension thereof with respect to the
injury or death of an employee is exclusive and instead of all other
liability of the United States or the instrumentality to the employee,
his legal representative, spouse, dependents, next of kin, and any other
person otherwise entitled to recover damages from the United States or
the instrumentality because of the injury or death in a direct judicial
proceeding, in a civil action, or in admiralty, or by an administrative
or judicial proceeding under a workmen's compensation statute or under a
Federal tort liability statute. However, this subsection does not apply
to a master or a member of a crew of a vessel.
(d) Notwithstanding the other provisions of this section, an
individual receiving benefits for disability or death under this
subchapter who is also receiving benefits under subchapter III of
chapter 84 of this title or benefits under title II of the Social
Security Act shall be entitled to all such benefits, except that --
(1) benefits received under section 223 of the Social Security Act
(on account of disability) shall be subject to reduction on account of
benefits paid under this subchapter pursuant to the provisions of
section 224 of the Social Security Act; and
(2) in the case of benefits received on account of age or death under
title II of the Social Security Act, compensation payable under this
subchapter based on the Federal service of an employee shall be reduced
by the amount of any such social security benefits payable that are
attributable to Federal service of that employee covered by chapter 84
of this title. However, eligibility for or receipt of benefits under
chapter 84 of this title, or benefits under title II of the Social
Security Act by virtue of service covered by chapter 84 of this title,
does not affect the right of the employee to compensation for scheduled
disabilities specified by section 8107(c) of this title.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 542; Pub. L. 90-83, 1( 56),
Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, 9(a), Sept. 7, 1974, 88
Stat. 1145; Pub. L. 99-335, title II, 207(e), June 6, 1986, 100 Stat.
595; Pub. L. 102-54, 13(b)(1), June 13, 1991, 105 Stat. 274.)
In subsection (a)(2), ''Air Force'' is added on authority of the Act
of July 26, 1947, ch. 343, 207(a), (f), 61 Stat. 502, and sections
8010 -- 8013 of title 10, United States Code. This does not affect the
operation of this subsection insofar as it concerns members of the Coast
Guard whose pension is based in whole or in part on service with the
Coast Guard when it operated as a part of the Navy.
In subsection (b), the reference to the definition of ''employee'' in
former section 790 is omitted as unnecessary as the definition is
included in section 8101 for the entire subchapter.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
The words ''another retirement system for employees of the
Government'' are substituted for ''any other Federal Act or program
providing retirement benefits for employees''.
The Social Security Act, referred to in subsec. (d), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social
Security Act is classified generally to subchapter II ( 401 et seq.) of
chapter 7 of Title 42, The Public Health and Welfare. Sections 223 and
224 are classified to sections 423 and 424a, respectively, of Title 42.
For complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
1991 -- Subsec. (a)(3). Pub. L. 102-54 substituted ''Department of
Veterans Affairs'' for ''Veterans' Administration''.
1986 -- Subsec. (d). Pub. L. 99-335 added subsec. (d).
1974 -- Subsec. (a). Pub. L. 93-416 struck out ''and'' in cl. (1),
substituted a semicolon for a period in cl. (2), and added cls. (3) and
(4).
Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
702(a) of Pub. L. 99-335, set out as an Effective Date note under
section 8401 of this title.
Section 9(b) of Pub. L. 93-416 provided that: ''The amendment made
by this section (amending this section) shall be effective with respect
to disability or death occurring before or after the date of enactment
of this Act (Sept. 7, 1974) and without regard to any election under
section 8116(b) of the Act (subsec. (b) of this section); but no
payment shall be made by reason of such amendment for any period prior
to the date of enactment of this Act.''
Increases authorized under amendment by section 1(56) of Pub. L.
90-83 not applicable to specified personnel, see section 7 of Pub. L.
90-83, set out as a note under section 8103 of this title.
05 USC 8117. Time of accrual of right
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An employee is not entitled to compensation for the first 3 days of
temporary disability, except --
(1) when the disability exceeds 14 days;
(2) when the disability is followed by permanent disability; or
(3) as provided by sections 8103 and 8104 of this title.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93-416, 10,
Sept. 7, 1974, 88 Stat. 1145.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1974 -- Pub. L. 93-416 substituted ''14 days'' for ''21 days''.
Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and applicable
to any injury or death occurring on or after Sept. 7, 1974, see section
28(a) of Pub. L. 93-416, set out as a note under section 8101 of this
title.
05 USC 8118. Continuation of pay; election to use annual or sick leave
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The United States shall authorize the continuation of pay of an
employee, as defined in section 8101(1) of this title (other than those
referred to in clause (B) or (E), who has filed a claim for a period of
wage loss due to a traumatic injury with his immediate superior on a
form approved by the Secretary of Labor within the time specified in
section 8122(a)(2) of this title.
(b) Continuation of pay under this subchapter shall be furnished --
(1) without a break in time unless controverted under regulations of
the Secretary;
(2) for a period not to exceed 45 days; and
(3) under accounting procedures and such other regulations as the
Secretary may require.
(c) An employee may use annual or sick leave to his credit at the
time the disability begins, but his compensation for disability does not
begin, and the time periods specified by section 8117 of this title do
not begin to run, until termination of pay as set forth in subsections
(a) and (b) or the use of annual or sick leave ends.
(d) If a claim under subsection (a) is denied by the Secretary,
payments under this section shall, at the option of the employee, be
charged to sick or annual leave or shall be deemed overpayments of pay
within the meaning of section 5584 of title 5, United States Code.
(e) Payments under this section shall not be considered as
compensation as defined by section 8101(12) of this title.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93-416, 11,
Sept. 7, 1974, 88 Stat. 1145.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1974 -- Pub. L. 93-416 inserted in section catchline the reference
to continuation of pay, added subsecs. (a), (b), (d) and (e),
designated existing provisions as subsec. (c), and in subsec. (c) as so
designated, substituted ''until termination of pay as set forth in
subsections (a) and (b) or the use of annual or sick leave ends'' for
''until the use of the annual or sick leave ends''.
Section 28(b) of Pub. L. 93-416 provided that: ''Section 11 of this
Act (amending this section) shall become effective 60 days from
enactment (Sept. 7, 1974) and be applicable to any injury occurring on
or after such effective date.''
05 USC 8119. Notice of injury or death
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An employee injured in the performance of his duty, or someone on his
behalf, shall give notice thereof. Notice of a death believed to be
related to the employment shall be given by an eligible beneficiary
specified in section 8133 of this title, or someone on his behalf. A
notice of injury or death shall --
(a) be given within 30 days after the injury or death;
(b) be given to the immediate superior of the employee by personal
delivery or by depositing it in the mail properly stamped and addressed;
(c) be in writing;
(d) state the name and address of the employee;
(e) state the year, month, day, and hour when and the particular
locality where the injury or death occurred;
(f) state the cause and nature of the injury, or, in the case of
death, the employment factors believed to be the cause; and
(g) be signed by and contain the address of the individual giving the
notice.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93-416, 12(
a), Sept. 7, 1974, 88 Stat. 1146.)
Subsection (b)(2) is added on authority of former section 770, which
is carried into section 8122, to complete the coverage of this section.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1974 -- Pub. L. 93-416 substituted ''or death'' for ''; failure to
give'' in section catchline, struck out designation of subsec. (a),
redesignated cls. (1) to (7) as (a) to (g), and, as so redesignated,
inserted provisions relating to notice of death and substituted ''30
days'' for ''48 hours'' in cl. (a), and struck out subsec. (b)
relating to allowance of compensation.
Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and applicable
to any injury or death occurring on or after Sept. 7, 1974, see section
28(a) of Pub. L. 93-416, set out as a note under section 8101 of this
title.
05 USC 8120. Report of injury
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Immediately after an injury to an employee which results in his death
or probable disability, his immediate superior shall report to the
Secretary of Labor. The Secretary may --
(1) prescribe the information that the report shall contain;
(2) require the immediate superior to make supplemental reports;
and
(3) obtain such additional reports and information from employees as
are agreed on by the Secretary and the head of the employing agency.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 543.)
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8121. Claim
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Compensation under this subchapter may be allowed only if an
individual or someone on his behalf makes claim therefor. The claim
shall --
(1) be made in writing within the time specified by section 8122 of
this title;
(2) be delivered to the office of the Secretary of Labor or to an
individual whom the Secretary may designate by regulation, or deposited
in the mail properly stamped and addressed to the Secretary or his
designee;
(3) be on a form approved by the Secretary;
(4) contain all information required by the Secretary;
(5) be sworn to by the individual entitled to compensation or someone
on his behalf; and
(6) except in case of death, be accompanied by a certificate of the
physician of the employee stating the nature of the injury and the
nature and probable extent of the disability.
The Secretary may waive paragraphs (3)-(6) of this section for
reasonable cause shown.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93-416, 13,
Sept. 7, 1974, 88 Stat. 1147.)
The words ''except as provided in section 788'' in former section 768
are omitted as unnecessary as former section 788 dealt with recovery of
overpayments after claims were made.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1974 -- Par. (3). Pub. L. 93-416 substituted ''approved'' for
''furnished''.
Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and applicable
to any injury or death occurring on or after Sept. 7, 1974, see section
23(a) of Pub. L. 93-416, set out as a note under section 8101 of this
title.
05 USC 8122. Time for making claim
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An original claim for compensation for disability or death must
be filed within 3 years after the injury or death. Compensation for
disability or death, including medical care in disability cases, may not
be allowed if claim is not filed within that time unless --
(1) the immediate superior had actual knowledge of the injury or
death within 30 days. The knowledge must be such to put the immediate
superior reasonably on notice of an on-the-job injury or death; or
(2) written notice of injury or death as specified in section 8119 of
this title was given within 30 days.
(b) In a case of latent disability, the time for filing claim does
not begin to run until the employee has a compensable disability and is
aware, or by the exercise of reasonable diligence should have been
aware, of the causal relationship of the compensable disability to his
employment. In such a case, the time for giving notice of injury begins
to run when the employee is aware, or by the exercise of reasonable
diligence should have been aware, that his condition is causally related
to his employment, whether or not there is a compensable disability.
(c) The timely filing of a disability claim because of injury will
satisfy the time requirements for a death claim based on the same
injury.
(d) The time limitations in subsections (a) and (b) of this section
do not --
(1) begin to run against a minor until he reaches 21 years of age or
has had a legal representative appointed; or
(2) run against an incompetent individual while he is incompetent and
has no duly appointed legal representative; or
(3) run against any individual whose failure to comply is excused by
the Secretary on the ground that such notice could not be given because
of exceptional circumstances.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 544; Pub. L. 90-83, 1( 57),
Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, 14, Sept. 7, 1974, 88
Stat. 1147.)
The last sentence of the Act of June 13, 1922, 42 Stat. 650, is
omitted as obsolete.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1974 -- Subsec. (a). Pub. L. 93-416, 14(1), substituted provisions
requiring filing of claims for compensation within three years after
death or disability, and setting forth conditions for waiver of filing
within required time periods, for provisions requiring claim for death
to be made within one year after death and for disability to be made
within 60 days after injury and authorizing extension of time for good
cause.
Subsec. (c). Pub. L. 93-416, 14(2), substituted provisions relating
to timeliness of claim for death when claim for injury was timely filed
and death was based on same injury, for provisions relating to waiver of
compliance with requirements for giving notice of injury and filing
claim for compensation.
Subsec. (d). Pub. L. 93-416, 14(3), substituted ''(a) and (b)'' for
''(a)-(c)'', and added cl. (3).
Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and applicable
to any injury or death occurring on or after Sept. 7, 1974, see section
23(a) of Pub. L. 93-416, set out as a note under section 8101 of this
title.
Increases authorized under amendment by section 1(57) of Pub. L.
90-83 not applicable to specified personnel, see section 7 of Pub. L.
90-83, set out as a note under section 8103 of this title.
title.
05 USC 8123. Physical examinations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An employee shall submit to examination by a medical officer of
the United States, or by a physician designated or approved by the
Secretary of Labor, after the injury and as frequently and at the times
and places as may be reasonably required. The employee may have a
physician designated and paid by him present to participate in the
examination. If there is disagreement between the physician making the
examination for the United States and the physician of the employee, the
Secretary shall appoint a third physician who shall make an examination.
(b) An employee is entitled to be paid expenses incident to an
examination required by the Secretary which in the opinion of the
Secretary are necessary and reasonable, including transportation and
loss of wages incurred in order to be examined. The expenses, when
authorized or approved by the Secretary, are paid from the Employees'
Compensation Fund.
(c) The Secretary shall fix the fees for examinations held under this
section by physicians not employed by or under contract to the United
States to furnish medical services to employees. The fees, when
authorized or approved by the Secretary, are paid from the Employees'
Compensation Fund.
(d) If an employee refuses to submit to or obstructs an examination,
his right to compensation under this subchapter is suspended until the
refusal or obstruction stops. Compensation is not payable while a
refusal or obstruction continues, and the period of the refusal or
obstruction is deducted from the period for which compensation is
payable to the employee.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 544.)
In subsections (a) and (c), the words ''duly qualified'' in former
sections 771 and 772 are omitted as unnecessary in view of the
definition of ''physician'' in section 8101.
In subsection (c) the words ''fees for examinations'' in former
section 773(a) are substituted for ''fees or examinations'' since the
word ''or'' was erroneously in the 1949 amendment. The words ''any sum
payable to the employee under section 771 of this title'' in former
section 773(a) are omitted as unnecessary because the same provision
appeared in former section 771, which is carried into subsection (b).
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8124. Findings and award; hearings
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Secretary of Labor shall determine and make a finding of
facts and make an award for or against payment of compensation under
this subchapter after --
(1) considering the claim presented by the beneficiary and the report
furnished by the immediate superior; and
(2) completing such investigation as he considers necessary.
(b)(1) Before review under section 8128(a) of this title, a claimant
for compensation not satisfied with a decision of the Secretary under
subsection (a) of this section is entitled, on request made within 30
days after the date of the issuance of the decision, to a hearing on his
claim before a representative of the Secretary. At the hearing, the
claimant is entitled to present evidence in further support of his
claim. Within 30 days after the hearing ends, the Secretary shall
notify the claimant in writing of his further decision and any
modifications of the award he may make and of the basis of his decision.
(2) In conducting the hearing, the representative of the Secretary is
not bound by common law or statutory rules of evidence, by technical or
formal rules of procedure, or by section 554 of this title except as
provided by this subchapter, but may conduct the hearing in such manner
as to best ascertain the rights of the claimant. For this purpose, he
shall receive such relevant evidence as the claimant adduces and such
other evidence as he determines necessary or useful in evaluating the
claim.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545; Pub. L. 90-83, 1( 58),
Sept. 11, 1967, 81 Stat. 210.)
The last sentence of former section 786 is omitted as surplusage
because it is covered by section 8147.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
In subsection (b)(1), the words ''section 8128(a) of this title'' are
substituted for ''section 37'' to reflect the codification of section 37
in title 5, United States Code. The words ''a claimant * * * is
entitled * * * to a hearing'' are substituted for ''any claimant * * *
shall * * * be afforded an opportunity for a hearing''. The words
''under subsection (a) of this section'' are substituted for ''under
this section'' for clarity. In the second sentence, the words ''is
entitled to present evidence'' are substituted for ''shall be afforded
an opportunity to present evidence''.
In subsection (b)(2), the words ''section 554 of this title * * *
this subchapter'' are substituted for ''section 5 of the Administrative
Procedure Act * * * this Act'' to reflect the codification of the cited
section and act in title 5. In the second sentence, the words ''shall,
in addition, receive'' are omitted as unnecessary.
Increases authorized under amendment by section 1(58) of Pub. L.
90-83 not applicable to specified personnel, see section 7 of Pub. L.
90-83, set out as a note under section 8103 of this title.
05 USC 8125. Misbehavior at proceedings
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
If an individual --
(1) disobeys or resists a lawful order or process in proceedings
under this subchapter before the Secretary of Labor or his
representative; or
(2) misbehaves during a hearing or so near the place of hearing as to
obstruct it;
the Secretary or his representative shall certify the facts to the
district court having jurisdiction in the place where he is sitting.
The court, in a summary manner, shall hear the evidence as to the acts
complained of and if the evidence warrants, punish the individual in the
same manner and to the same extent as for a contempt committed before
the court, or commit the individual on the same conditions as if the
forbidden act had occurred with reference to the process of or in the
presence of the court.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545.)
The words ''the district court of the United States for the District
of Columbia'' are omitted as included in ''district court''. The words
''under this subchapter'' are added for clarity since this section which
was formerly a subsection referred to the subsection preceding it which
identified the proceedings.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8126. Subpenas; oaths; examination of witnesses
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Secretary of Labor, on any matter within his jurisdiction under
this subchapter, may --
(1) issue subpenas for and compel the attendance of witnesses within
a radius of 100 miles;
(2) administer oaths;
(3) examine witnesses; and
(4) require the production of books, papers, documents, and other
evidence.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545.)
The words ''under this subchapter'' are added to preserve the
original grant of power in the Act of Sept. 7, 1916.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8127. Representation; attorneys' fees
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) A claimant may authorize an individual to represent him in any
proceeding under this subchapter before the Secretary of Labor.
(b) A claim for legal or other services furnished in respect to a
case, claim, or award for compensation under this subchapter is valid
only if approved by the Secretary.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545.)
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8128. Review of award
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Secretary of Labor may review an award for or against payment
of compensation at any time on his own motion or on application. The
Secretary, in accordance with the facts found on review, may --
(1) end, decrease, or increase the compensation previously awarded;
or
(2) award compensation previously refused or discontinued.
(b) The action of the Secretary or his designee in allowing or
denying a payment under this subchapter is --
(1) final and conclusive for all purposes and with respect to all
questions of law and fact; and
(2) not subject to review by another official of the United States or
by a court by mandamus or otherwise.
Credit shall be allowed in the accounts of a certifying or disbursing
official for payment in accordance with that action.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 545.)
In subsection (a), the words ''If the original claim for compensation
has been made within the time specified in section 770 of this title''
are omitted as surplusage. The words ''an award for or against payment
of compensation'' are coextensive with and, for clarity and consistency
with section 8124, substituted for ''the award''. The second sentence
of former section 787 is omitted as included in the penultimate sentence
of former section 793, which is carried into subsection (b). The last
sentence of former section 787 is omitted as executed.
In subsection (b), the word ''official'' is substituted for
''officer'' because of the definition of ''officer'' in section 2104
which excludes a member of a uniformed service.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface of the report.
Writ of mandamus abolished in United States district courts, but
relief available by appropriate action or motion, see rule 81, Title 28,
Appendix, Judiciary and Judicial Procedure.
05 USC 8129. Recovery of overpayments
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) When an overpayment has been made to an individual under this
subchapter because of an error of fact or law, adjustment shall be made
under regulations prescribed by the Secretary of Labor by decreasing
later payments to which the individual is entitled. If the individual
dies before the adjustment is completed, adjustment shall be made by
decreasing later benefits payable under this subchapter with respect to
the individual's death.
(b) Adjustment or recovery by the United States may not be made when
incorrect payment has been made to an individual who is without fault
and when adjustment or recovery would defeat the purpose of this
subchapter or would be against equity and good conscience.
(c) A certifying or disbursing official is not liable for an amount
certified or paid by him when --
(1) adjustment or recovery of the amount is waived under subsection
(b) of this section; or
(2) adjustment under subsection (a) of this section is not completed
before the death of all individuals against whose benefits deductions
are authorized.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 546.)
In subsection (a), the words ''Subject to the provisions of sections
786 and 787 of this title'' and ''if any'' are omitted as surplusage.
In subsection (c), the word ''official'' is substituted for
''officer'' as the definition of ''officer'' in section 2104 excludes a
member of a uniformed service.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8130. Assignment of claim
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An assignment of a claim for compensation under this subchapter is
void. Compensation and claims for compensation are exempt from claims
of creditors.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 546.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8131. Subrogation of the United States
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) If an injury or death for which compensation is payable under
this subchapter is caused under circumstances creating a legal liability
on a person other than the United States to pay damages, the Secretary
of Labor may require the beneficiary to --
(1) assign to the United States any right of action he may have to
enforce the liability or any right he may have to share in money or
other property received in satisfaction of that liability; or
(2) prosecute the action in his own name.
An employee required to appear as a party or witness in the
prosecution of such an action is in an active duty status while so
engaged.
(b) A beneficiary who refuses to assign or prosecute an action in his
own name when required by the Secretary is not entitled to compensation
under this subchapter.
(c) The Secretary may prosecute or compromise a cause of action
assigned to the United States. When the Secretary realizes on the cause
of action, he shall deduct therefrom and place to the credit of the
Employees' Compensation Fund the amount of compensation already paid to
the beneficiary and the expense of realization or collection. Any
surplus shall be paid to the beneficiary and credited on future payments
of compensation payable for the same injury. However, the beneficiary
is entitled to not less than one-fifth of the net amount of a settlement
or recovery remaining after the expenses thereof have been deducted.
(d) If an injury or death for which compensation is payable under
this subchapter is caused under circumstances creating a legal liability
in the Panama Canal Company to pay damages under the law of a State, a
territory or possession of the United States, the District of Columbia,
or a foreign country, compensation is not payable until the individual
entitled to compensation --
(1) releases to the Panama Canal Company any right of action he may
have to enforce the liability of the Panama Canal Company; or
(2) assigns to the United States any right he may have to share in
money or other property received in satisfaction of the liability of the
Panama Canal Company.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 546; Pub. L. 90-83, 1( 60),
Sept. 11, 1967, 81 Stat. 211.)
In subsection (d), the first 45 words of section 41 of the Act of
Sept. 7, 1916, are omitted as executed. The words ''Panama Canal
Company'' are substituted for ''Panama Railroad Company'' on authority
of the Act of Sept. 26, 1950, ch. 1049, 2(a) (2), 64 Stat. 1038.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan. No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
For definition of Panama Canal Company, referred to in text, see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
Increases authorized under amendment by Pub. L. 90-83 not applicable
to specified personnel, see section 7 of Pub. L. 90-83, set out as a
note under section 8103 of this title.
Third party tort liability to United States for hospital and medical
care, see section 2651 et seq. of Title 42, The Public Health and
Welfare.
05 USC 8132. Adjustment after recovery from a third person
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
If an injury or death for which compensation is payable under this
subchapter is caused under circumstances creating a legal liability in a
person other than the United States to pay damages, and a beneficiary
entitled to compensation from the United States for that injury or death
receives money or other property in satisfaction of that liability as
the result of suit or settlement by him or in his behalf, the
beneficiary, after deducting therefrom the costs of suit and a
reasonable attorney's fee, shall refund to the United States the amount
of compensation paid by the United States and credit any surplus on
future payments of compensation payable to him for the same injury. No
court, insurer, attorney, or other person shall pay or distribute to the
beneficiary or his designee the proceeds of such suit or settlement
without first satisfying or assuring satisfaction of the interest of the
United States. The amount refunded to the United States shall be
credited to the Employees' Compensation Fund. If compensation has not
been paid to the beneficiary, he shall credit the money or property on
compensation payable to him by the United States for the same injury.
However, the beneficiary is entitled to retain, as a minimum, at least
one-fifth of the net amount of the money or other property remaining
after the expenses of a suit or settlement have been deducted; and in
addition to this minimum and at the time of distribution, an amount
equivalent to a reasonable attorney's fee proportionate to the refund to
the United States.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 547; Pub. L. 90-83, 1( 61),
Sept. 11, 1967, 81 Stat. 211; Pub. L. 93-416, 15, Sept. 7, 1974, 88
Stat. 1147.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
The words ''However, * * * is entitled to retain * * * plus'' are
substituted for ''Provided, That * * * shall have the right to retain *
* * and, in addition, to retain''.
1974 -- Pub. L. 93-416 made minor changes in phraseology and
inserted provision prohibiting a court, etc., from distributing proceeds
of suit or settlement without satisfying or assuring satisfaction of the
interests of the United States.
Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and applicable
to any injury or death occurring on or after Sept. 7, 1974, see section
28(a) of Pub. L. 93-416, set out as a note under section 8101 of this
title.
Increases authorized under amendment by Pub. L. 90-83 not applicable
to specified personnel, see section 7 of Pub. L. 90-83, set out as a
note under section 8103 of this title.
Third party tort liability to United States for hospital and medical
care, see section 2651 et seq. of Title 42, The Public Health and
Welfare.
05 USC 8133. Compensation in case of death
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) If death results from an injury sustained in the performance of
duty, the United States shall pay a monthly compensation equal to a
percentage of the monthly pay of the deceased employee in accordance
with the following schedule:
(1) To the widow or widower, if there is no child, 50 percent.
(2) To the widow or widower, if there is a child, 45 percent and in
addition 15 percent for each child not to exceed a total of 75 percent
for the widow or widower and children.
(3) To the children, if there is no widow or widower, 40 percent for
one child and 15 percent additional for each additional child not to
exceed a total of 75 percent, divided among the children share and share
alike.
(4) To the parents, if there is no widow, widower, or child, as
follows --
(A) 25 percent if one parent was wholly dependent on the employee at
the time of death and the other was not dependent to any extent;
(B) 20 percent to each if both were wholly dependent; or
(C) a proportionate amount in the discretion of the Secretary of
Labor if one or both were partly dependent.
If there is a widow, widower, or child, so much of the percentages
are payable as, when added to the total percentages payable to the
widow, widower, and children, will not exceed a total of 75 percent.
(5) To the brothers, sisters, grandparents, and grandchildren, if
there is no widow, widower, child, or dependent parent, as follows --
(A) 20 percent if one was wholly dependent on the employee at the
time of death;
(B) 30 percent if more than one was wholly dependent, divided among
the dependents share and share alike; or
(C) 10 percent if no one is wholly dependent but one or more is
partly dependent, divided among the dependents share and share alike.
If there is a widow, widower, child, or dependent parent, so much of
the percentages are payable as, when added to the total percentages
payable to the widow, widower, children, and dependent parents, will not
exceed a total of 75 percent.
(b) The compensation payable under subsection (a) of this section is
paid from the time of death until --
(1) a widow, or widower dies or remarries before reaching age 55;
(2) a child, a brother, a sister, or a grandchild dies, marries, or
becomes 18 years of age, or if over age 18 and incapable of self-support
becomes capable of self-support; or
(3) a parent or grandparent dies, marries, or ceases to be dependent.
Notwithstanding paragraph (2) of this subsection, compensation
payable to or for a child, a brother or sister, or grandchild that would
otherwise end because the child, brother or sister, or grandchild has
reached 18 years of age shall continue if he is a student as defined by
section 8101 of this title at the time he reaches 18 years of age for so
long as he continues to be such a student or until he marries. A widow
or widower who has entitlements to benefits under this title derived
from more than one husband or wife shall elect one entitlement to be
utilized.
(c) On the cessation of compensation under this section to or on
account of an individual, the compensation of the remaining individuals
entitled to compensation for the unexpired part of the period during
which their compensation is payable, is that which they would have
received if they had been the only individuals entitled to compensation
at the time of the death of the employee.
(d) When there are two or more classes of individuals entitled to
compensation under this section and the apportionment of compensation
under this section would result in injustice, the Secretary may modify
the apportionment to meet the requirements of the case.
(e) In computing compensation under this section, the monthly pay is
deemed not less than the minimum rate of basic pay for GS-2. However,
the total monthly compensation may not exceed --
(1) the monthly pay computed under section 8114 of this title, except
for increases authorized by section 8146a of this title; or
(2) 75 percent of the monthly pay of the maximum rate of basic pay
for GS-15.
(f) Notwithstanding any funeral and burial expenses paid under
section 8134, there shall be paid a sum of $200 to the personal
representative of a deceased employee within the meaning of section
8101(1) of this title for reimbursement of the costs of termination of
the decedent's status as an employee of the United States.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 547; Pub. L. 90-83, 1( 62),
Sept. 11, 1967, 81 Stat. 211; Pub. L. 93-416, 16(a), 17, 18, Sept. 7,
1974, 88 Stat. 1147, 1149; Pub. L. 101-303, 3(1), May 29, 1990, 104
Stat. 251.)
In subsection (a), the words ''an injury sustained in the performance
of duty'' are substituted for ''the injury'' to clearly identify the
type of injury to which the section refers.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan. No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
In subsection (b), the words ''Notwithstanding paragraph (3) of this
subsection'' are substituted for ''Notwithstanding any other provision
of this section'' for clarity. The words ''section 8101 of this title''
are substituted for ''section 10(M) of this Act'' to reflect the
codification of that section in title 5.
In subsection (e), the words ''is deemed'' are substituted for
''shall be considered to be''. The words ''minimum rate of basic pay
for GS-2'' and ''maximum rate of basic pay for GS-15'' are substituted
for ''lowest rate of basic compensation provided for grade 2 by the
General Schedule of the Classification Act of 1949'' and ''highest rate
of basic compensation provided for grade 15 of the General Schedule of
the Classification Act of 1949,'' respectively, for consistency of style
and to reflect the codification of the Classification Act of 1949 in
title 5. The words ''under section 8114 of this title'' are substituted
for ''as provided in section 12'' to reflect the codification of that
section in title 5.
1990 -- Subsec. (b)(1). Pub. L. 101-303 substituted ''age 55'' for
''age 60''.
1974 -- Subsec. (a)(1). Pub. L. 93-416, 16(a), substituted ''50''
for ''45''.
Subsec. (a)(2). Pub. L. 93-416, 16(a), substituted ''45'' for ''40''.
Subsec. (a)(3). Pub. L. 93-416, 16(a), substituted ''40'' for ''35''.
Subsec. (b). Pub. L. 93-416, 16(a), inserted ''before reaching age
60'' after ''remarries'' in par. (1), struck out par. (2) referring to
widower who dies, remarries or becomes capable of self-support,
redesignated pars. (3) and (4) as (2) and (3), respectively, changed
the reference in closing paragraph from paragraph (3) of this subsection
to paragraph (2) of this subsection, and inserted provision for election
by widower or widow of benefits derived from more than one husband or
wife.
Subsec. (e)(1). Pub. L. 93-416, 17, inserted '', except for increases
authorized by section 8146a of this title'' before ''; or''.
Subsec. (f). Pub. L. 93-416, 18, added subsec. (f).
Amendment by sections 16(a) and 17 of Pub. L. 93-416 applicable to
cases where injury or death occurred prior to Sept. 7, 1974 but only to
a period beginning on or after Sept. 7, 1974, see section 28(a) of Pub.
L. 93-416, set out as a note under section 8101 of this title.
Amendment by section 18 of Pub. L. 93-416 effective on Sept. 7,
1974, and applicable to any injury or death occurring on or after Sept.
7, 1974, see section 28(a) of Pub. L. 93-416, set out as a note under
section 8101 of this title.
Increases authorized under amendment by section 1(62)(B) of Pub. L.
90-83 not applicable to specified personnel, see section 7 of Pub. L.
90-83, set out as a note under section 8103 of this title.
Minimum limits on monthly pay on which death compensation is computed
under this section, noncitizen employees sustaining injury outside the
continental United States, see section 8138 of this title.
title 18 section 1921; title 22
section 3973.
05 USC 8134. Funeral expenses; transportation of body
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) If death results from an injury sustained in the performance of
duty, the United States shall pay, to the personal representative of the
deceased or otherwise, funeral and burial expenses not to exceed $800,
in the discretion of the Secretary of Labor.
(b) The body of an employee whose home is in the United States, in
the discretion of the Secretary, may be embalmed and transported in a
hermetically sealed casket to his home or last place of residence at the
expense of the Employees' Compensation Fund if --
(1) the employee dies from --
(A) the injury while away from his home or official station or
outside the United States; or
(B) from other causes while away from his home or official station
for the purpose of receiving medical or other services, appliances,
supplies, or examination under this subchapter; and
(2) the relatives of the employee request the return of his body.
If the relatives do not request the return of the body of the
employee, the Secretary may provide for its disposition and incur and
pay from the Employees' Compensation Fund the necessary and reasonable
transportation, funeral, and burial expenses.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 548.)
In subsection (a), the words ''an injury sustained in the performance
of duty'' are substituted for ''the injury'' to clearly identify the
type of injury to which the section refers.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan. No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8135. Lump-sum payment
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The liability of the United States for compensation to a
beneficiary in the case of death or of permanent total or permanent
partial disability may be discharged by a lump-sum payment equal to the
present value of all future payments of compensation computed at 4
percent true discount compounded annually if --
(1) the monthly payment to the beneficiary is less than $50 a month;
(2) the beneficiary is or is about to become a nonresident of the
United States; or
(3) the Secretary of Labor determines that it is for the best
interest of the beneficiary.
The probability of the death of the beneficiary before the expiration
of the period during which he is entitled to compensation shall be
determined according to the most current United States Life Tables, as
developed by the United States Department of Health, Education, and
Welfare, which shall be updated from time to time, but the lump-sum
payment to a widow or widower of the deceased employee may not exceed 60
months' compensation. The probability of the happening of any other
contingency affecting the amount or duration of compensation shall be
disregarded.
(b) On remarriage before reaching age 55 a widow or widower entitled
to compensation under section 8133 of this title, shall be paid a lump
sum equal to twenty-four times the monthly compensation payment
(excluding compensation on account of another individual) to which he
was entitled immediately before the remarriage.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 548; Pub. L. 90-83, 1( 63),
Sept. 11, 1967, 81 Stat. 211; Pub. L. 93-416, 16(b), 19, 20, Sept. 7,
1974, 88 Stat. 1149; Pub. L. 101-303, 3(2), May 29, 1990, 104 Stat.
251.)
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
The word ''widower'' is substituted for ''dependent widower'' to
conform to the definition in 5 U.S.C. 8101(11). The words ''section 8133
of title 5'' are substituted for ''section 10'' to reflect the
codification of that section in title 5, United States Code.
1990 -- Subsec. (b). Pub. L. 101-303 substituted ''age 55'' for
''age 60''.
1974 -- Subsec. (a). Pub. L. 93-416, 20, substituted provisions
relating to use of the most current United States Life Tables, for
provisions relating to determination by the American Experience Tables
of Mortality.
Subsec. (a)(1). Pub. L. 93-416, 19, substituted ''$50'' for ''$5''.
Subsec. (b). Pub. L. 93-416, 16(b), inserted ''before reaching age
60'' after ''On remarriage''.
The United States Department of Health, Education, and Welfare was
redesignated the United States Department of Health and Human Services
by section 3508 of Title 20, Education.
Amendment by Pub. L. 93-416 applicable to cases where injury or
death occurred prior to Sept. 7, 1974, but only to a period beginning
on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93-416, set
out as a note under section 8101 of this title.
Increases authorized under amendment by section 1(63) of Pub. L.
90-83 not applicable to specified personnel, see section 7 of Pub. L.
90-83, set out as a note under section 8103 of this title.
Entitlement to civil service retirement annuity, effect of lump sum
payment for compensation under this section, see section 8337 of this
title.
05 USC 8136. Initial payments outside the United States
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
If an employee is injured outside the continental United States, the
Secretary of Labor may arrange and provide for initial payment of
compensation and initial furnishing of other benefits under this
subchapter by an employee or agent of the United States designated by
the Secretary for that purpose in the locality in which the employee was
employed or the injury incurred.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 549.)
The word ''continental'' is added on authority of the last sentence
of the fifth paragraph of former section 793, which is carried into
section 8137.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan. No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8137. Compensation for noncitizens and nonresidents
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) When the Secretary of Labor finds that the amount of compensation
payable to an employee who is neither a citizen nor resident of the
United States or Canada, or payable to a dependent of such an employee,
is substantially disproportionate to compensation for disability or
death payable in similar cases under local statute, regulations, custom,
or otherwise at the place outside the continental United States or
Canada where the employee is working at the time of injury, he may
provide for payment of compensation on a basis reasonably in accord with
prevailing local payments in similar cases by --
(1) the adoption or adaption of the substantive features, by a
schedule or otherwise, of local workmen's compensation provisions or
other local statute, regulation, or custom applicable in cases of
personal injury or death; or
(2) establishing special schedules of compensation for injury, death,
and loss of use of members and functions of the body for specific
classes of employees, areas, and places.
Irrespective of the basis adopted, the Secretary may at any time --
(A) modify or limit the maximum monthly and total aggregate payments
for injury, death, and medical or other benefits;
(B) modify or limit the percentages of the wage of the employee
payable as compensation for the injury or death; and
(C) modify, limit, or redesignate the class or classes of
beneficiaries entitled to death benefits, including the designation of
persons, representatives, or groups entitled to payment under local
statute or custom whether or not included in the classes of
beneficiaries otherwise specified by this subchapter.
(b) In a case under this section, the Secretary or his designee may
--
(1) make a lump-sum award in the manner prescribed by section 8135 of
this title when he or his designee considers it to be for the best
interest of the United States; and
(2) compromise and pay a claim for benefits, including a claim in
which there is a dispute as to jurisdiction or other fact or a question
of law.
Compensation paid under this subsection is instead of all other
compensation from the United States for the same injury or death, and a
payment made under this subsection is deemed compensation under this
subchapter and is satisfaction of all liability of the United States in
respect to the particular injury or death.
(c) The Secretary may delegate to an employee or agency of the United
States, with such limitations and right of review as he considers
advisable, authority to process, adjudicate, commute by lump-sum award,
compromise, and pay a claim or class of claims for compensation, and to
provide other benefits, locally, under this section, in accordance with
such regulations and instructions as the Secretary considers necessary.
For this purpose, the Secretary may provide or transfer funds, including
reimbursement of amounts paid under this subchapter.
(d) The Secretary may waive the application of this subchapter in
whole or in part and for such period or periods as he may fix if he
finds that --
(1) conditions prevent the establishment of facilities for processing
and adjudicating claims under this section; or
(2) claimants under this section are alien enemies.
(e) The Secretary may apply this section retrospectively with
adjustment of compensation and benefits as he considers necessary and
proper.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 549.)
The last sentence of former section 793 is omitted as it consists of
a definition which is fully spelled out when the words ''United States''
are used as a geographical reference.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan. No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8138. Minimum limit modification for noncitizens and aliens
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Except as provided by subsection (b) of this section, the minimum
limit on monthly compensation for disability under section 8112 of this
title and the minimum limit on monthly pay on which death compensation
is computed under section 8133 of this title do not apply in the case of
a noncitizen employee, or a class or classes of noncitizen employees,
who sustain injury outside the continental United States. The Secretary
of Labor may establish a minimum monthly pay on which death compensation
is computed in the case of a class or classes of such noncitizen
employees.
(b) The President may remove or modify the minimum limit on monthly
compensation for disability under section 8112 of this title and the
minimum limit on monthly pay on which death compensation is computed
under section 8133 of this title in the case of an alien employee, or a
class or classes of alien employees, of the Canal Zone Government or the
Panama Canal Company.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 550.)
In subsection (a), the words ''in his discretion'' are omitted as
unnecessary in view of the permissive nature of the authority. The word
''continental'' is added on authority of the last sentence of the fifth
paragraph of former section 793, which is carried into section 8137.
In subsection (b), the words ''Canal Zone Government'' and ''Panama
Canal Company'' are substituted for ''Panama Canal'' and ''Panama
Railroad Company'', respectively, on authority of the Act of Sept. 26,
1950, ch. 1049, 2(a), 64 Stat. 1038.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
For definition of Canal Zone Government and Panama Canal Company,
referred to in text, see section 3602(b) of Title 22, Foreign Relations
and Intercourse.
05 USC 8139. Employees of the District of Columbia
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Compensation awarded to an employee of the government of the District
of Columbia shall be paid in the manner provided by statute for the
payment of the general expenses of the government of the District of
Columbia.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 550.)
The words ''Compensation awarded'' are substituted for ''Such
compensation as the Secretary may award''.
The last sentence of former section 794, requiring that the
Commissioners of the District of Columbia submit to Congress through the
Bureau of the Budget estimates of appropriations, is omitted as
obsolete. The Budget and Accounting Act, 1921, as amended, 31 U.S.C. 2
et seq., prescribes the procedures for presenting all budget estimates
for the government of the District of Columbia and provides that the
budget submission to Congress be made by the President.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
See Pub. L. 93-198, title II, 204(e), Dec. 24, 1973, 87 Stat. 783,
set out as a note under section 8101 of this title.
05 USC 8140. Members of the Reserve Officers' Training Corps
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Subject to the provisions of this section, this subchapter
applies to a member of, or applicant for membership in, the Reserve
Officers' Training Corps of the Army, Navy, or Air Force who suffers an
injury, disability, or death incurred in line of duty --
(1) while engaged in a flight or in flight instruction under chapter
103 of title 10; or
(2) while performing authorized travel to or from, or while
attending, training or a practice cruise under chapter 103 of title 10.
(b) For the purpose of this section, an injury is incurred in line of
duty only if it is the proximate result of the performance of military
training by the member concerned, or of his travel to or from that
training, during the periods specified by subsection (a)(2) of this
section. A member or applicant for membership who contracts a disease
or illness which is the proximate result of the performance of training
during the periods specified by subsection (a)(2) of this section is
considered for the purpose of this section to have been injured in line
of duty during that period. Subject to review by the Secretary of
Labor, the Secretary of the military department concerned, under
regulations prescribed by him, shall determine whether or not an injury,
disease, or illness was incurred or contracted in line of duty and was
the proximate result of the performance of military training by the
member concerned or of his travel to or from that military training.
(c) In computing the compensation payable under this section, the
monthly pay received by the injured or deceased individual, in cash and
kind, is deemed $150.
(d) The Secretary of the military department concerned shall
cooperate fully with the Department of Labor in the prompt investigation
and prosecution of a case involving the legal liability of a third party
other than the United States.
(e) An individual may not receive disability benefits under this
section while on active duty with the armed forces, but these benefits
may be reinstated when the individual is released from that active duty.
(f) Expenses incurred by a military department in providing
hospitalization, medical and surgical care, necessary transportation
incident to that hospitalization or medical and surgical care, or in
connection with a funeral and burial on behalf of an individual covered
by subsection (a) of this section shall be reimbursed by the Secretary
of Labor from the Employees' Compensation Fund in accordance with this
subchapter. However, reimbursement may not be made for hospitalization
or medical or surgical care provided an individual by a military
department in a facility of a military department.
(g) For purposes of this section, the term ''applicant for
membership'' includes a student enrolled, during a semester or other
enrollment term, in a course which is part of Reserve Officers' Training
Corps instruction at an educational institution.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 550; Pub. L. 100-456, div.
A, title VI, 633(b), Sept. 29, 1988, 102 Stat. 1986.)
In subsection (a), the words ''Subject to the provisions of this
section'' are added for clarity.
In subsection (c), the last sentence of former section 802(b) is
omitted as unnecessary.
In subsection (d), the words ''Nothing in this section shall be
construed to hinder the prompt action authorized by sections 776 and 777
of this title in any case involving the legal liability of a third party
other than the United States'' are omitted as unnecessary as there is
nothing in the section that reasonably could be so construed.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1988 -- Subsec. (a). Pub. L. 100-456, 633(b)(1)(A), substituted
''who suffers an injury, disability, or death'' for ''who suffers
disability or death from an injury'' in introductory provisions.
Subsec. (a)(2). Pub. L. 100-456, 633(b)(1)(B), struck out ''field''
before ''training''.
Subsec. (f). Pub. L. 100-456, 633(b)(2), substituted ''by a military
department in a facility of a military department'' for ''while
attending field training or a practice cruise under chpater 103 of title
10''.
Subsec. (g). Pub. L. 100-456, 633(b)(3), added subsec. (g).
Amendment by Pub. L. 100-456 applicable only with respect to
training performed after Sept. 30, 1988, see section 633(e) of Pub. L.
100-456, set out as a note under section 2109 of Title 10, Armed Forces.
Pub. L. 97-306, title I, 113(c), Oct. 14, 1982, 96 Stat. 1432,
provided that: ''Notwithstanding section 8140 of title 5, United States
Code, subchapter I of chapter 81 of such title does not apply in the
case of a disability suffered by a member of the Reserve Officers'
Training Corps of the Army, Navy, or Air Force that is compensable under
chapter 11 of title 38, United States Code, or a death suffered by such
a member for which dependency and indemnity compensation is payable
under chapter 13 of such title (section 401 et seq. of Title 38).''
(Section 113(d) of Pub. L. 97-306 provided that these provisions
shall apply only with respect to deaths and disabilities resulting from
diseases or injuries incurred or aggravated after September 30, 1982.)
05 USC 8141. Civil Air Patrol volunteers
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Subject to the provisions of this section, this subchapter
applies to a volunteer civilian member of the Civil Air Patrol, except a
Civil Air Patrol Cadet under 18 years of age.
(b) In administering this subchapter for a member of the Civil Air
Patrol covered by this section --
(1) the monthly pay of a member is deemed the rate of basic pay
payable for step 1 of grade GS-9 in the General Schedule under section
5332 of this title for the purpose of computing compensation for
disability or death;
(2) the percentages applicable to payments under section 8133 of this
title are --
(A) 45 percent for section 8133(a)(2) of this title, if the member
dies fully or currently insured under subchapter II of chapter 7 of
title 42, with no additional payments for a child or children while the
widow or widower remains eligible for payments under section 8133(a)(2)
of this title;
(B) 20 percent for section 8133(a)(3) of this title for one child and
10 percent additional for each additional child, but not to exceed a
total of 75 percent, if the member died fully or currently insured under
subchapter II of chapter 7 of title 42; and
(C) 25 percent for section 8133(a)(4) of this title, if one parent
was wholly dependent on the deceased member at the time of his death and
the other was not dependent to any extent; 16 percent to each, if both
were wholly dependent; and if one was or both were partly dependent, a
proportionate amount in the discretion of the Secretary of Labor;
(3) a payment may not be made under section 8133(a)(5) of this title;
(4) ''performance of duty'' means only active service, and travel to
and from that service, rendered in performance or support of operational
missions of the Civil Air Patrol under direction of the Department of
the Air Force and under written authorization by competent authority
covering a specific assignment and prescribing a time limit for the
assignment; and
(5) the Secretary of Labor or his designee shall inform the Secretary
of Health, Education, and Welfare when a claim is filed and eligibility
for compensation is established under section 8133(a)(2) or (3) of this
title, and the Secretary of Health, Education, and Welfare shall certify
to the Secretary of Labor as to whether or not the member concerned was
fully or currently insured under subchapter II of chapter 7 of title 42
at the time of his death.
(c) The Secretary of Labor or his designee may inform the Secretary
of the Air Force or his designee when a claim is filed. The Secretary
of the Air Force, on request of the Secretary of Labor, shall advise him
of the facts concerning the injury and whether or not the member was
rendering service, or engaged in travel to or from service, in
performance or support of an operational mission of the Civil Air Patrol
at the time of injury. This subsection does not dispense with the
report of the immediate superior of the member required by section 8120
of this title, or other reports agreed on under that section.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 551; Pub. L. 98-94, title
XII, 1258(a), Sept. 24, 1983, 97 Stat. 702.)
Subsection (d) of former section 803, providing for retroactive
applicability, is omitted as executed (see Table II).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Subchapter II of chapter 7 of title 42, referred to in text, is
section 401 et seq. of Title 42, The Public Health and Welfare.
1983 -- Subsec. (a). Pub. L. 98-94, 1258(a)(1), inserted ''under 18
years of age'' after ''Civil Air Patrol Cadet''.
Subsec. (b)(1). Pub. L. 98-94, 1258(a)(2), substituted ''the rate of
basic pay payable for step 1 of grade GS-9 in the General Schedule under
section 5332 of this title'' for ''$300''.
The Secretary of Health, Education, and Welfare was redesignated the
Secretary of Health and Human Services by section 3508 of Title 20,
Education.
Section 1258(b) of Pub. L. 98-94 provided that:
''(1) The amendments made by subsection (a) (amending this section)
shall take effect on the date of the enactment of this Act (Sept. 24,
1983).
''(2) The amendment made by subsection (a)(1) (amending this section)
shall apply only to deaths or injuries occurring on or after the date of
the enactment of this Act (Sept. 24, 1983).
''(3) The amendment made by subsection (a)(2) (amending this section)
shall apply only to the computation of compensation payable for periods
commencing on or after the date of the enactment of this Act (Sept. 24,
1983).''
Veteran status or military status not conferred by this section, see
section 8150 of this title.
05 USC 8142. Peace Corps volunteers
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For the purpose of this section, ''volunteer'' means --
(1) a volunteer enrolled in the Peace Corps under section 2504 of
title 22;
(2) a volunteer leader enrolled in the Peace Corps under section 2505
of title 22; and
(3) an applicant for enrollment as a volunteer or volunteer leader
during a period of training under section 2507(a) of title 22 before
enrollment.
(b) Subject to the provisions of this section, this subchapter
applies to a volunteer, except that entitlement to disability
compensation payments does not commence until the day after the date of
termination of his service as a volunteer.
(c) For the purpose of this subchapter --
(1) a volunteer is deemed receiving monthly pay at the minimum rate
for GS-7;
(2) a volunteer leader referred to by section 2505 of title 22, or a
volunteer with one or more minor children as defined in section 2504 of
title 22, is deemed receiving monthly pay at the minimum rate for GS-11;
(3) an injury suffered by a volunteer when he is outside the several
States and the District of Columbia is deemed proximately caused by his
employment, unless the injury or disease is --
(A) caused by willful misconduct of the volunteer;
(B) caused by the volunteer's intention to bring about the injury or
death of himself or of another; or
(C) proximately caused by the intoxication of the injured volunteer;
and
(4) the period of service of an individual as a volunteer includes --
(A) any period of training under section 2507(a) of title 22 before
enrollment as a volunteer; and
(B) the period between enrollment as a volunteer and the termination
of service as a volunteer by the President or by death or resignation.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 552; Pub. L. 90-83, 1( 64),
Sept. 11, 1967, 81 Stat. 212; Pub. L. 93-416, 23(b), Sept. 7, 1974, 88
Stat. 1150.)
Subsection (a) is based on sections 2504(a), 2505, and 2507(a) of
title 22.
In subsection (b), the words ''Subject to the provisions of this
section'' are added for clarity and to conform to the style of sections
8140 and 8141. The words ''of the United States Government'' are
omitted as unnecessary in view of the definition of ''employee'' in
section 8101(1).
In subsection (c), the words ''outside the several States,
territories and possessions of the United States, and the District of
Columbia'' are substituted for ''abroad'' on authority of section 2522(
a), (b) of title 22. References to ''the general schedule established
by the Classification Act of 1949, as amended'' are omitted as
unnecessary.
Subsection (c)(4) is added on authority of section 2522(e) of title
22.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Section 8142 of title 5 was derived from section 2504(d) of title 22.
This amendment reflects changes, effected by the act of Sept. 13, 1966,
Public Law 89-572, section 4, 80 Stat. 765, in the definitions
applicable to section 2504(d) by virtue of section 2522(a), (b) of title
22.
1974 -- Subsec. (c)(2). Pub. L. 93-416 inserted provision relating
to a volunteer with one or more minor children.
Amendment by Pub. L. 93-416 effective on Sept. 7, 1974, and
applicable to any injury or death occurring on or after such effective
date, see section 23(a) of Pub. L. 93-416, set out as a note under
section 8101 of this title.
Transportation of baggage and household goods, appropriations for
payment or reimbursement of volunteers, see section 5732 of this title.
05 USC 8143. Job Corps enrollees; volunteers in service to America
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Subject to the provisions of this subsection, this subchapter
applies to an enrollee in the Job Corps, except that compensation for
disability does not begin to accrue until the day after the date on
which the injured enrollee is terminated. In administering this
subchapter for an enrollee covered by this subsection --
(1) the monthly pay of an enrollee is deemed that received at the
minimum rate for GS-2;
(2) section 8113(a) of this title applies to an enrollee; and
(3) ''performance of duty'' does not include an act of an enrollee
while absent from his assigned post of duty, except while participating
in an activity (including an activity while on pass or during travel to
or from the post of duty) authorized by or under the direction and
supervision of the Job Corps.
(b) This subchapter applies to a volunteer in service to America who
receives either a living allowance or a stipend under part A of
subchapter VIII of chapter 34 of title 42, with respect to that service
and training, to the same extent as enrollees of the Job Corps under
subsection (a) of this section. However, for the purpose of the
computation described in subsection (a)(1) of this section, the monthly
pay of a volunteer is deemed that received at the minimum rate for GS-7.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 553; Pub. L. 90-83, 1( 65),
Sept. 11, 1967, 81 Stat. 212; Pub. L. 90-623, 1(19), Oct. 22, 1968, 82
Stat. 1313; Pub. L. 93-416, 8(b), Sept. 7, 1974, 88 Stat. 1145.)
In subsection (a)(1), reference to ''the Classification Act of 1949
(5 U.S.C. 1071 et seq.)'' is omitted as unnecessary. In subsection
(a)(3)(B), the word ''his'' is substituted for ''his or her'' on
authority of 1 U.S.C. 1.
In subsection (b), the words ''in service to America'' are inserted
after ''volunteer'' for clarity.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
In subsection (a)(3), the words ''in the Federal Employees'
Compensation Act'' are omitted as unnecessary since that act is codified
in that subchapter of title 5, United States Code, in which section 8143
is a part. The word ''his'' is substituted for ''his or hers'' on
authority of 1 U.S.C. 1. The words ''Job Corps'' are substituted for
''Corps'' on authority of 42 U.S.C. 2712.
In subsection (b), the words ''in service to America'' are inserted
after ''volunteer'' in two places for clarity. The words ''subsection
(a)(2) of this section'' are substituted for ''paragraph (2)(B) of
section 106(c)'' to reflect the codification of that paragraph in title
5. The words ''at the minimum rate for GS-7'' are substituted for
''under the entrance salary for GS-7 of the General Schedule for section
5332, title 5, United States Code'' to conform to the style of title 5.
Part A of subchapter VIII of chapter 34 of title 42, referred to in
subsec. (b), is part A of title VIII of Pub. L. 88-452, Aug. 20,
1964, 73 Stat. 508, as amended, known as the Economic Opportunity Act
of 1964. Part A of title VIII of that Act, as added by Pub. L.
90-222, title I, 110, Dec. 23, 1967, 81 Stat. 722, was classified
generally to part A ( 2992 et seq.) of subchapter VIII of chapter 34 of
Title 42, The Public Health and Welfare, prior to its repeal by Pub. L.
93-113, title VI, 603, Oct. 1, 1973, 87 Stat. 417. See sections 4951
et seq. and 5055 of Title 42.
1974 -- Pub. L. 93-416 struck out '', (b)'' after ''section 8113(
a)''.
1968 -- Pub. L. 90-623 reenacted section in its entirety making
minor changes in phraseology.
Amendment by Pub. L. 93-416 applicable to case where injury or death
occurred prior to Sept. 7, 1974, but only to a period beginning on or
after Sept. 7, 1974, see section 28(a) of Pub. L. 93-416, set out as a
note under section 8101 of this title.
Amendment by Pub. L. 90-623 intended to restate without substantive
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L.
90-623, set out as a note under section 5334 of this title.
05 USC 8143a. Members of the National Teacher Corps
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Subject to the provisions of this section, this subchapter applies to
a member of the National Teacher Corps. In administering this
subchapter for a member covered by this section --
(1) ''performance of duty'' does not include an act of a member while
--
(A) on authorized leave; or
(B) absent from his assigned post of duty, except while participating
in an activity authorized by or under the direction or supervision of
the Commissioner of Education; and
(2) In computing compensation for disability or death, the monthly
pay of a member is deemed his actual pay or that received at the minimum
rate for GS-6, whichever is greater.
(Added Pub. L. 90-83, 1(66)(A), Sept. 11, 1967, 81 Stat. 212.)
The words ''a member of the National Teacher Corps'' are substituted
for ''such members'' on authority of 20 U.S.C. 1102, 1105(a). In
paragraph (1)(B), the words ''Commissioner of Education'' are
substituted for ''Commissioner'' on authority of 20 U.S.C. 1141(f). In
paragraph (2), the words ''at the minimum rate for GS-6'' are
substituted for ''under the entrance salary for grade 6,'' and the
reference to the General Schedule of the Classification Act of 1949 is
omitted as unnecessary.
Functions of Commissioner of Education of Department of Health,
Education, and Welfare transferred to Secretary of Education by section
3441(a)(1) of Title 20, Education.
05 USC 8144. Student-employees
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
A student-employee as defined by section 5351 of this title who
suffers disability or death as a result of personal injury arising out
of and in the course of training, or incurred in the performance of
duties in connection with that training, is considered for the purpose
of this subchapter an employee who incurred the injury in the
performance of duty.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 553.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8145. Administration
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Secretary of Labor shall administer, and decide all questions
arising under, this subchapter. He may --
(1) appoint employees to administer this subchapter; and
(2) delegate to any employee of the Department of Labor any of the
powers conferred on him by this subchapter.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 553.)
The last 20 words of former section 781 are omitted as unnecessary in
view of the definition of ''competitive service'' in section 2102 and
the provisions of subchapter I of chapter 33 concerning examination and
certification for and appointment in the competitive service.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
See Pub. L. 93-198, title II, 204(e), Dec. 24, 1973, 87 Stat. 783,
set out as a note under section 8101 of this title.
05 USC 8146. Administration for the Panama Canal Commission and The
Alaska Railroad
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The President, from time to time, may transfer the administration
of this subchapter --
(1) so far as employees of the Panama Canal Commission are concerned
to the Commission; and
(2) so far as employees of The Alaska Railroad are concerned to the
general manager of The Alaska Railroad.
(b) When administration is transferred under subsection (a) of this
section, the expenses incident to physical examinations which are
payable under section 8123 of this title shall be paid from
appropriations for the Panama Canal Commission or for The Alaska
Railroad, as the case may be, instead of from the Employees'
Compensation Fund. The President may authorize the Panama Canal
Commission and the general manager of The Alaska Railroad to pay the
compensation provided by this subchapter, including medical, surgical,
and hospital services and supplies under section 8103 of this title and
the transportation and burial expenses under sections 8103 and 8134 of
this title, from appropriations for the Panama Canal Commission and for
The Alaska Railroad, and these appropriations shall be reimbursed for
the payments by transfer of funds from the Employees' Compensation Fund.
(c) The President may authorize the Panama Canal Commission to waive,
at its discretion, the making of the claim required by section 8121 of
this title in the case of compensation to an employee of the Panama
Canal Commission for temporary disability, either total or partial.
(d) When administration is transferred under subsection (a) of this
section to the general manager of The Alaska Railroad, the Secretary of
Labor is not divested of jurisdiction and a claimant is entitled to
appeal from the decision of the general manager of The Alaska Railroad
to the Secretary of Labor. The Secretary on receipt of an appeal shall,
or on his own motion may, review the decision of the general manager of
The Alaska Railroad, and in accordance with the facts found on review
may proceed under section 8128 of this title. The Secretary shall
provide the form and manner of taking an appeal.
(e) The same right of appeal exists with respect to claims filed by
employees of the Panama Canal Commission or their dependents in case of
death, as is provided with respect to the claims of other employees to
whom this subchapter applies, under section 8149 of this title. The
Employees' Compensation Appeals Board referred to by section 8149 of
this title has jurisdiction, under regulations prescribed by the
Secretary, over appeals relating to claims of the employees or their
dependents.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 553; Pub. L. 96-70, title
III, 3302(e)(9), Sept. 27, 1979, 93 Stat. 498.)
In subsection (a), the words ''in which cases the words 'Secretary'
and 'his' wherever they appear in sections 751-756, 757-781, 783-791,
and 793 of this title shall, so far as necessary to give effect to such
transfer, be read, 'Governor of the Canal Zone' or 'the general manager
of The Alaska Railroad', as the case may be, and 'his''' are omitted as
surplusage.
In subsection (b), the words ''the Employees' Compensation Fund'' are
substituted for ''appropriation for the work of the Secretary'' in view
of former section 771, which is carried into section 8123, which
provides that all such expenses shall be paid from the Fund.
In subsections (b) and (c), the words ''Canal Zone Government'',
''Panama Canal Company'', and ''Governor of the Canal Zone'' are
substituted for ''Panama Canal'', ''Panama Railroad Company'', and
''Governor of the Panama Canal'', respectively, on authority of the Act
of Sept. 26, 1950, ch. 1049, 2, 64 Stat. 1038.
In subsection (e), the words ''of other employees to whom this
subchapter applies'' are substituted for ''of other employees of the
Federal Government'' for clarity and in view of the provisions of
section 8149. The words ''Employees' Compensation Appeals Board'' are
substituted for ''Appeals Board'' to reflect the full title of the Board
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1979 -- Pub. L. 96-70, 3302(e)(9)(A), substituted ''Panama Canal
Commission'' for ''Canal Zone'' in section catchline.
Subsec. (a)(1). Pub. L. 96-70, 3302(e)(9)(B), substituted ''Panama
Canal Commission are concerned to the Commission'' for ''Canal Zone
Government and of the Panama Canal Company are concerned to the Governor
of the Canal Zone''.
Subsec. (b). Pub. L. 96-70, 3302(e)(9)(C)-(E), substituted ''Panama
Canal Commission'' for ''Canal Zone Government'' in two places and
''Panama Canal Commission'' for ''Governor of the Canal Zone'' and
struck out ''or from funds from the Panama Canal Company'' after ''The
Alaska Railroad''.
Subsec. (c). Pub. L. 96-70, 3302(e)(9)(F), substituted ''Panama Canal
Commission'' for ''Governor of the Canal Zone'' and ''employee of the
Panama Canal Commission'' for ''employee of the Canal Zone Government or
the Panama Canal Company''.
Subsec. (e). Pub. L. 96-70, 3302(e)(9)(G), substituted ''Panama Canal
Commission'' for ''Canal Zone Government and of the Panama Canal
Company''.
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70, set out as an Effective Date note under section 3601
of Title 22, Foreign Relations and Intercourse.
05 USC 8146a. Cost-of-living adjustment of compensation
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Compensation payable on account of disability or death which
occurred more than one year before March 1 of each year shall be
annually increased on that date by the amount determined by the
Secretary of Labor to represent the percent change in the price index
published for December of the preceding year over the price index
published for the December of the year prior to the preceding year,
adjusted to the nearest one-tenth of 1 percent.
(b) The regular periodic compensation payments after adjustment under
this section shall be fixed at the nearest dollar. However, the regular
periodic compensation after adjustment shall reflect an increase of at
least $1.
(c) This section shall be applicable to persons excluded by section
15 of the Federal Employees' Compensation Act Amendments of 1966 (Public
Law 89-488) under the following statutes: Act of February 15, 1934 (48
Stat. 351); Act of June 26, 1936 (49 Stat. 2035); Act of April 8, 1935
(49 Stat. 115); Act of July 25, 1942 (56 Stat. 710); Public Law 84-955
(August 3, 1956); Public Law 77-784 (December 2, 1942); Public Law
84-879 (August 1, 1956); Public Law 80-896 (July 3, 1948); Act of
September 8, 1959 (73 Stat. 469). Benefit payments to these persons
shall initially be increased by the total percentage of the increases in
the price index from the base month of July 1966, to the next most
recent base month following the effective date of this subsection.
(Added Pub. L. 90-83, 1(67)(A), Sept. 11, 1967, 81 Stat. 212, and
amended Pub. L. 93-416, 21, 24, Sept. 7, 1974, 88 Stat. 1149, 1150;
Pub. L. 96-499, title IV, 421(a), Dec. 5, 1980, 94 Stat. 2608.)
In subsection (a), the words ''After the month during which this
section becomes effective,'' following ''Each month,'' are omitted as
executed and unnecessary. The words ''Secretary of Labor'' are
substituted for ''Secretary'' on authority of section 40(i) of the
Federal Employees' Compensation Act. In the second sentence, the words
''latest base month'' are substituted for ''most recent base month.''
So much of section 14 of Public Law 89-488 as redesignated section 43
of the Federal Employees' Compensation Act as section 44 is omitted as
unnecessary in view of the codification of that act in title 5, United
States Code.
''Persons excluded by section 15 of the Federal Employees'
Compensation Act Amendments of 1966'', referred to in subsec. (c),
means persons excluded by section 15 of Pub. L. 89-488, July 4, 1966,
80 Stat. 256, which was set out as a note under section 756 of former
Title 5, Executive Departments and Government Officers and Employees,
prior to the 1966 revision of Title 5 by Pub. L. 89-554. Such section
15 of the Federal Employees' Compensation Act Amendments of 1966
directed that benefit increases mandated by the Federal Employees'
Compensation Act Amendments of 1966 not apply to employees unless such
employees fell within the definition of ''employees'' in section 40(b)
(1) or (2) of the Federal Employees' Compensation Act (section 790(b)(
1) or (2) of former Title 5). As a result section 15 of the Federal
Employees' Compensation Act Amendments of 1966 served to prohibit
increases to persons to whom the benefits of the Federal Employees'
Compensation Act had been extended over the years by Acts described in
subsec. (c) as follows:
Act of February 15, 1934 (48 Stat. 351) which extended coverage to
employees of the Federal Civil Works Administration and was classified
to section 796 of former Title 5.
Act of June 26, 1936 (49 Stat. 2035) probably means Act of June 29,
1936 which extended coverage to certain W.W. I veterans and was set out
as a note under section 134 of former Title 38, Pensions, Bonuses, and
Veterans' Relief.
Act of April 8, 1935 (49 Stat. 115) which extended coverage to
certain emergency relief personnel, is act April 8, 1935, ch. 48, 49
Stat. 115, which was enacted as legislation supplementary to the
Federal Emergency Relief Act of 1933, was classified to sections 721 and
728 of Title 15, Commerce and Trade, and was omitted from the Code as
temporary.
Act of July 25, 1942 (56 Stat. 710) which extended coverage to
certain personnel of the War Relocation Authority, was set out as a note
under section 796 of former Title 5, Executive Departments and
Government Officers and Employees.
Public Law 84-955 (Aug. 3, 1956) which extended coverage to certain
Civil Air Patrol personnel was set out as a note under section 760 of
former Title 5.
Public Law 77-784 (December 2, 1942), which extended coverage to war
risk hazards of certain employees of federal contractors, is act Dec.
2, 1942, ch. 668, 56 Stat. 1028, as amended, titles I and II of which
are popularly known as the War Hazards Compensation Act, and is
classified principally to chapter 12 ( 1701 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Tables.
Public Law 84-879 (August 1, 1956), which extended coverage to
certain members of the Reserve Officers Training Corps of the Army,
Navy, and Air Force, was classified to section 802 of former Title 5,
Executive Departments and Government Officers and Employees.
Public Law 80-896 (July 3, 1948), which extended coverage to certain
persons entitled to war claims, is act July 3, 1948, ch. 826, 62 Stat.
1240, as amended, popularly known as the War Claims Act of 1948, which
is classified generally to section 2001 et seq. of Title 50, Appendix,
War and National Defense. For complete classification of this Act to
the Code, see Short Title note set out under section 2001 of Title 50,
Appendix, and Tables.
Act of September 8, 1959 (73 Stat. 469) which transferred from the
Department of Commerce to the Department of Labor certain functions in
respect to insurance benefits and disability payments to seamen for W.
W. II service-connected injuries, death, or disability, was not
classified to the Code.
1980 -- Subsec. (a). Pub. L. 96-499 substituted ''Compensation'' for
''Each month the Secretary of Labor shall determine the percent change
in the price index. Effective the first day of the month which begins
after the price index change equals a rise of at least 3 percent for 3
consecutive months over the price index for the latest base month,
compensation'', ''March 1 of each year shall be annually increased'' for
''that first day shall be increased'' and ''amount determined by the
Secretary of Labor to represent the percent change in the price index
published for December of the preceding year over the price index
published for the December of the year prior to the preceding year,''
for ''percent rise in the price index (calculated on the highest level
of the price index during the 3 consecutive months)''.
1974 -- Subsec. (a). Pub. L. 93-416, 21, substituted ''Effective the
first day of the month'' for ''Effective the first day of the third
month''.
Subsec. (b). Pub. L. 93-416, 21, substituted ''regular periodic
compensation payments'' for ''monthly compensation''.
Subsec. (c). Pub. L. 93-416, 24, added subsec. (c).
For effective date of amendment by Pub. L. 96-499, see section 422
of Pub. L. 96-499, set out as a note under section 8101 of this title.
Amendment by Pub. L. 93-416 applicable to cases where injury or
death occurred prior to Sept. 7, 1974 but only to the period beginning
on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93-416, set
out as a note under section 8101 of this title.
Increases authorized by this section not applicable to employees and
individuals not within the definition of ''employee'' in section 8101(
1)(A), (B), or (D) of this title, members of the Metropolitan Police or
the Fire Department of the District of Columbia who are pensioned or
pensionable under sections 521 to 535 of title 4, District of Columbia
Code, or members of a uniformed service, see section 7 of Pub. L.
90-83, set out as a note under section 8103 of this title.
05 USC 8147. Employees' Compensation Fund
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) There is in the Treasury of the United States the Employees'
Compensation Fund which consists of sums that Congress, from time to
time, may appropriate for or transfer to it, and amounts that otherwise
accrue to it under this subchapter or other statute. The Fund is
available without time limit for the payment of compensation and other
benefits and expenses, except administrative expenses, authorized by
this subchapter or any extension or application thereof, except as
otherwise provided by this subchapter or other statute. The Secretary
of Labor shall submit annually to the Office of Management and Budget
estimates of appropriations necessary for the maintenance of the Fund.
For the purpose of this subsection, ''administrative expenses'' does not
include expenses for legal services performed by or for the Secretary
under sections 8131 and 8132 of this title.
(b) Before August 15 of each year, the Secretary shall furnish to
each agency and instrumentality of the United States having an employee
who is or may be entitled to compensation benefits under this subchapter
or any extension or application thereof a statement showing the total
cost of benefits and other payments made from the Employees'
Compensation Fund during the preceding July 1 through June 30 expense
period on account of the injury or death of employees or individuals
under the jurisdiction of the agency or instrumentality. Each agency
and instrumentality shall include in its annual budget estimates for the
fiscal year beginning in the next calendar year a request for an
appropriation in an amount equal to the costs. Sums appropriated
pursuant to the request shall be deposited in the Treasury to the credit
of the Fund within 30 days after they are available. An agency or
instrumentality not dependent on an annual appropriation shall make the
deposit required by this subsection from funds under its control during
the first fifteen days of October following the furnishing of the
statement. If an agency or instrumentality (or part or function
thereof) is transferred to another agency or instrumentality, the cost
of compensation benefits and other expenses paid from the Fund on
account of the injury or death of employees of the transferred agency or
instrumentality (or part or function) shall be included in costs of the
receiving agency or instrumentality.
(c) In addition to the contributions for the maintenance of the
Employees' Compensation Fund required by this section, the United States
Postal Service, or a mixed ownership corporation as defined by section
9101(2) of title 31, or any other corporation or agency or
instrumentality (or activity thereof) which is required by statute to
submit an annual budget pursuant to or as provided by chapter 91 of
title 31, shall pay an additional amount for its fair share of the cost
of administration of this subchapter as determined by the Secretary.
With respect to these corporations, agencies, and instrumentalities, the
charges billed by the Secretary under this section shall include an
additional amount for these costs, which shall be paid into the Treasury
as miscellaneous receipts from the sources authorized and in the manner
otherwise provided by this section.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 554; Pub. L. 90-83, 1( 68),
Sept. 11, 1967, 81 Stat. 213; Pub. L. 93-416, 25, 26, Sept. 7, 1974, 88
Stat. 1150; Pub. L. 94-273, 42, Apr. 21, 1976, 90 Stat. 381; Pub. L.
97-258, 3(a)(17), Sept. 13, 1982, 96 Stat. 1063.)
In subsection (b), the words ''each agency and instrumentality of the
United States'' are substituted for ''each executive department and each
agency or instrumentality of the United States or other establishment''.
The words ''(hereinafter called 'agency')'' are omitted as unnecessary
because ''agency or instrumentality'' is substituted for ''agency'' in
the remainder of this subsection and in subsection (c). The words
''occurring after December 1, 1960'' are omitted as executed.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
The word ''performed'' is substituted for ''rendered'' to conform to
the style of title 5. The words ''sections 8131 and 8132 of this
title'' are substituted for ''sections 26 and 27'' to reflect the
codification of those sections in title 5.
1982 -- Subsec. (c). Pub. L. 97-258 substituted ''section 9101(2)''
for ''section 856'', and ''chapter 91'' for ''sections 841-869''.
1976 -- Subsec. (b). Pub. L. 94-273 inserted ''during the first
fifteen days of October following the furnishing of the statement''
after ''its control'' and substituted ''July 1 through June 30 expense
period'' for ''fiscal year'' and ''the fiscal year beginning in the next
calendar year'' for ''the next fiscal year''.
1974 -- Subsec. (a). Pub. L. 93-416, 26, substituted ''Office of
Management and Budget'' for ''Bureau of the Budget''.
Subsec. (c). Pub. L. 93-416, 25, inserted reference to the United
States Postal Service.
Amendment by section 25 of Pub. L. 93-416 applicable to cases where
injury or death occurred prior to Sept. 7, 1974 but only to a period
beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L.
93-416, set out as a note under section 8101 of this title.
Amendment by section 26 of Pub. L. 93-416 effective Sept. 7, 1974,
and applicable to any death or injury occurring on or after Sept. 7,
1974, see section 28(a) of Pub. L. 93-416, set out as a note under
section 8101 of this title.
Pub. L. 94-274, title I, 120, Apr. 21, 1976, 90 Stat. 389, provided
that for the purposes of 5 U.S.C. 8147(b), each agency and
instrumentality of the United States dependent upon an annual
appropriation and having an employee who is or may be entitled to
compensation benefits under this subchapter or any extension or
application thereof shall deposit in the Treasury to the credit of the
Employees' Compensation Fund, no later than July 15, 1976, but no
earlier than July 1, 1976, 25 per centum of the amount stated in the
August 15, 1975, statement.
Increases authorized under amendment by section 1(71) of Pub. L.
90-83 not applicable to specified personnel, see section 7 of Pub. L.
90-83, set out as a note under section 8103 of this title.
42 sections 1701, 1704, 1705; title 49 App.
section 2454.
05 USC ( 8148. Repealed. Pub. L. 90-83, 1(69), Sept. 11, 1967, 81
Stat. 213)
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 555, provided for
a report to Congress by Secretary of Labor at beginning of each regular
session covering work for preceding fiscal year under this subchapter.
05 USC 8149. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Secretary of Labor may prescribe rules and regulations necessary
for the administration and enforcement of this subchapter including
rules and regulations for the conduct of hearings under section 8124 of
this title. The rules and regulations shall provide for an Employee's
Compensation Appeals Board of three individuals designated or appointed
by the Secretary with authority to hear and, subject to applicable law
and the rules and regulations of the Secretary, make final decisions on
appeals taken from determinations and awards with respect to claims of
employees. In adjudicating claims under section 8146 of this title, the
Secretary may determine the nature and extent of the proof and evidence
required to establish the right to benefits under this subchapter
without regard to the date of injury or death for which claim is made.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 555; Pub. L. 90-83, 1( 71),
Sept. 11, 1967, 81 Stat. 213.)
The words ''administration and'' are added for clarity.
Administration of this subchapter was transferred to the Secretary of
Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see
section 8145).
The first sentence of section 2 of 1950 Reorg. Plan No. 19 is
omitted as executed. The word ''employees'' is coextensive with and
substituted for ''employees of the Federal Government or of the District
of Columbia'' in view of the definition of ''employee'' in section 8101.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
In the first sentence, the words ''section 8124 of this title'' are
substituted for ''section 36'' to reflect the codification of that
section in title 5, United States Code.
In the second sentence, the word ''adjudicating'' is substituted for
''in the adjudication of''. The words ''section 8146 of this title''
and ''this subchapter'' are substituted for ''section 42 of this Act''
and ''this Act'', respectively, to reflect the codification of the
Federal Employees' Compensation Act in title 5, United States Code.
Increases authorized under amendment by section 1(71) of Pub. L.
90-83 not applicable to specified personnel, see section 7 of Pub. L.
90-83, set out as a note under section 8103 of this title.
05 USC 8150. Effect on other statutes
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) This subchapter does not affect the maritime rights and remedies
of a master or member of the crew of a vessel.
(b) Section 8141 of this title and section 9441 of title 10 do not
confer military or veteran status on any individual.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 555.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8151. Civil service retention rights
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) In the event the individual resumes employment with the Federal
Government, the entire time during which the employee was receiving
compensation under this chapter shall be credited to the employee for
the purposes of within-grade step increases, retention purposes, and
other rights and benefits based upon length of service.
(b) Under regulations issued by the Office of Personnel Management --
(1) the department or agency which was the last employer shall
immediately and unconditionally accord the employee, if the injury or
disability has been overcome within one year after the date of
commencement of compensation or from the time compensable disability
recurs if the recurrence begins after the injured employee resumes
regular full-time employment with the United States, the right to resume
his former or an equivalent position, as well as all other attendant
rights which the employee would have had, or acquired, in his former
position had he not been injured or disabled, including the rights to
tenure, promotion, and safeguards in reductions-in-force procedures, and
(2) the department or agency which was the last employer shall, if
the injury or disability is overcome within a period of more than one
year after the date of commencement of compensation, make all reasonable
efforts to place, and accord priority to placing, the employee in his
former or equivalent position within such department or agency, or
within any other department or agency.
(Added Pub. L. 93-416, 22, Sept. 7, 1974, 88 Stat. 1149, and amended
Pub. L. 95-454, title IX, 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
1978 -- Subsec. (b). Pub. L. 95-454 substituted ''Office of
Personnel Management'' for ''Civil Service Commission''.
Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978,
see section 907 of Pub. L. 95-454, set out as a note under section 1101
of this title.
Section applicable to cases where injury or death occurred prior to
Sept. 7, 1974, but only to a period beginning on or after Sept. 7,
1974, see section 28(a) of Pub. L. 93-416, set out as an Effective Date
of 1974 Amendment note under section 8101 of this title.
05 USC SUBCHAPTER II -- EMPLOYEES OF NONAPPROPRIATED FUND
INSTRUMENTALITIES
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 8171. Compensation for work injuries; generally
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Chapter 18 of title 33 applies with respect to disability or
death resulting from injury, as defined by section 902(2) of title 33,
occurring to an employee of a nonappropriated fund instrumentality
described by section 2105(c) of this title who is --
(1) a United States citizen or a permanent resident of the United
States or a territory or possession of the United States employed
outside the continental United States; or
(2) employed inside the continental United States.
However, that part of section 903(a) of title 33 which follows the
first comma does not apply to such an employee.
(b) For the purpose of this subchapter, the term ''employer'' in
section 902(4) of title 33 includes the nonappropriated fund
instrumentalities described by section 2105(c) of this title.
(c) The Secretary of Labor may --
(1) extend compensation districts established under section 939(b) of
title 33, or establish new districts to include the areas outside the
continental United States; and
(2) assign to each district one or more deputy commissioners as the
Secretary considers advisable.
(d) Judicial proceedings under sections 918 and 921 of title 33 with
respect to an injury or death occurring outside the continental United
States shall be instituted in the district court within the territorial
jurisdiction of which is located the office of the deputy commissioner
having jurisdiction with respect to the injury or death.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 555.)
In subsection (a), the word ''civilian'' is omitted as unnecessary as
the definition of ''employee'' in section 2105 includes only civilians.
In subsection (d), the reference to ''the United States District
Court for the District of Columbia'' is omitted as included in the words
''district court''.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 8172. Employees not citizens or residents of the United States
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
In case of disability or death, resulting from injury, as defined by
section 902(2) of title 33, occurring to an employee of a
nonappropriated fund instrumentality described by section 2105(c) of
this title who is --
(1) not a citizen or permanent resident of the United States or a
territory or possession of the United States; and
(2) employed outside the continental United States;
compensation shall be provided in accordance with regulations
prescribed by the Secretary of the military department concerned and
approved by the Secretary of Defense or regulations prescribed by the
Secretary of the Treasury, as the case may be.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 556.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Functions of Secretary of the Treasury with regard to Coast Guard
transferred to Secretary of Transportation by Pub. L. 89-670, 6(b),
Oct. 15, 1966, 80 Stat. 938. See section 108 of Title 49,
Transportation.
05 USC 8173. Liability under this subchapter exclusive
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The liability of the United States or of a nonappropriated fund
instrumentality described by section 2105(c) of this title, with respect
to the disability or death resulting from injury, as defined by section
902(2) of title 33, of an employee referred to by sections 8171 and 8172
of this title, shall be determined as provided by this subchapter. This
liability is exclusive and instead of all other liability of the United
States or the instrumentality to the employee, his legal representative,
spouse, dependents, next of kin, and any other person otherwise entitled
to recover damages from the United States or the instrumentality because
of the disability or death in a direct judicial proceeding, in a civil
action, or in admiralty, or by an administrative or judicial proceeding
under a workmen's compensation statute or under a Federal tort liability
statute.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 556.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC SUBCHAPTER III -- LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE
UNITED STATES
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES