<DOC>
[107 House Committee Prints]
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[DOCID: f:70524.wais]

107th Congress 
 1st Session                COMMITTEE PRINT                            
                                                                       
_______________________________________________________________________


 
                      TITLE 5, UNITED STATES CODE

                        Government Organization

                             and Employees

                               __________

                            prepared by the

                     COMMITTEE ON GOVERNMENT REFORM

                        HOUSE OF REPRESENTATIVES

[GRAPHIC] [TIFF OMITTED] TONGSEAL.004


                                MAY 2001

                       Printed for the use of the
                     Committee on Government Reform

  Available via the World Wide Web: http://www.gpo.gov/congress/house
                      http://www.house.gov/reform
                               ---------

                   U.S. GOVERNMENT PRINTING OFFICE
70-524                     WASHINGTON : 2001


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                     COMMITTEE ON GOVERNMENT REFORM

                     DAN BURTON, Indiana, Chairman
BENJAMIN A. GILMAN, New York         HENRY A. WAXMAN, California
CONSTANCE A. MORELLA, Maryland       TOM LANTOS, California
CHRISTOPHER SHAYS, Connecticut       MAJOR R. OWENS, New York
ILEANA ROS-LEHTINEN, Florida         EDOLPHUS TOWNS, New York
JOHN M. McHUGH, New York             PAUL E. KANJORSKI, Pennsylvania
STEPHEN HORN, California             PATSY T. MINK, Hawaii
JOHN L. MICA, Florida                CAROLYN B. MALONEY, New York
THOMAS M. DAVIS, Virginia            ELEANOR HOLMES NORTON, Washington, 
MARK E. SOUDER, Indiana                  DC
JOE SCARBOROUGH, Florida             ELIJAH E. CUMMINGS, Maryland
STEVEN C. LaTOURETTE, Ohio           DENNIS J. KUCINICH, Ohio
BOB BARR, Georgia                    ROD R. BLAGOJEVICH, Illinois
DAN MILLER, Florida                  DANNY K. DAVIS, Illinois
DOUG OSE, California                 JOHN F. TIERNEY, Massachusetts
RON LEWIS, Kentucky                  JIM TURNER, Texas
JO ANN DAVIS, Virginia               THOMAS H. ALLEN, Maine
TODD RUSSELL PLATTS, Pennsylvania    JANICE D. SCHAKOWSKY, Illinois
DAVE WELDON, Florida                 WM. LACY CLAY, Missouri
CHRIS CANNON, Utah                   (VACANCY)
ADAM H. PUTNAM, Florida              (VACANCY)
C.L. ``BUTCH'' OTTER, Idaho                      ------
EDWARD L. SCHROCK, Virginia          BERNARD SANDERS, Vermont 
(VACANCY)                                (Independent)


                      Kevin Binger, Staff Director
                 Daniel R. Moll, Deputy Staff Director
           David A. Kass, Deputy Counsel and Parliamentarian
                     Robert A. Briggs, Chief Clerk
                 Phil Schiliro, Minority Staff Director
                                 ------                                

                   Subcommittee on the Civil Service

                   JOE SCARBOROUGH, Florida, Chairman
ASA HUTCHINSON, Arkansas             ELIJAH E. CUMMINGS, Maryland
CONSTANCE A. MORELLA, Maryland       ELEANOR HOLMES NORTON, Washington, 
JOHN L. MICA, Florida                    DC
DAN MILLER, Florida                  THOMAS H. ALLEN, Maine

                               Ex Officio

DAN BURTON, Indiana                  HENRY A. WAXMAN, California
                      Garry Ewing, Staff Director
               Jennifer Hemingway, Deputy Staff Director
                        Miguel Serrano, Counsel
                          Scott Sadler, Clerk
            Tania Shand, Minority Professional Staff Member


                                  NOTE

      This compilation of title 5, United States Code, relating 
to government organization and employees, includes amendments 
made to that title through Public Law 106-580 (December 31, 
2000).

      For changes to any provision of title 5, United States 
Code, after the closing date of this publication (December 31, 
2000), see the United States Code Classification Tables 
published by the Office of the Law Revision Counsel of the 
House of Representatives at http://uscode.house.gov/uscct.htm.


                                 (iii)


                          TABLE OF CONTENTS *

                              -----------                             


                     PART I--THE AGENCIES GENERALLY

                         Chapter 1--Organization

Sec.
101.  Executive departments.
---------------------------------------------------------------------------
    * Included for the convenience of the reader. It is not part of 
title 5, United States Code.
---------------------------------------------------------------------------
102.  Military departments.
103.  Government corporation.
104.  Independent establishment.
105.  Executive agency.

                            Chapter 3--Powers

301.  Departmental regulations.
302.  Delegation of authority.
303.  Oaths to witnesses.
304.  Subpenas.
305.  Systematic agency review of operations.
306.  Strategic plans.

                   Chapter 5--Administrative Procedure

                     SUBCHAPTER I--GENERAL PROVISIONS

500.  Administrative practice; general provisions.
501.  Advertising practice; restrictions.
502.  Administrative practice; Reserves and National Guardsmen.
503.  Witness fees and allowances.
504.  Costs and fees of parties.

                  SUBCHAPTER II--ADMINISTRATIVE PROCEDURE

551.  Definitions.
552.  Public information; agency rules, opinions, orders, records, and 
          proceedings.
552a. Records maintained on individuals.
552b. Open meetings.
553.  Rule making.
554.  Adjudications.
555.  Ancillary matters.
556.  Hearings; presiding employees; powers and duties; burden of proof; 
          evidence; record as basis of decision.
557.  Initial decisions; conclusiveness; review by agency; submissions 
          by parties; contents of decisions; record.
558.  Imposition of sanctions; determination of applications for 
          licenses; suspension, revocation, and expiration of licenses.
559.  Effect on other laws; effect of subsequent statute.

              SUBCHAPTER III--NEGOTIATED RULEMAKING PROCEDURE

561.  Purpose.
562.  Definitions.
563.  Determination of need for negotiated rulemaking committee.
564.  Publication of notice; applications for membership on committees.
565.  Establishment of committee.
566.  Conduct of committee activity.
567.  Termination of committee.
568.  Services, facilities, and payment of committee member expenses.
569.  Encouraging negotiated rulemaking.
570.  Judicial review.
570a.  Authorization of appropriations.

      SUBCHAPTER IV--ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE 
                         ADMINISTRATIVE PROCESS

571.  Definitions.
572.  General authority.
573.  Neutrals.
574.  Confidentiality.
575.  Authorization of arbitration.
576.  Enforcement of arbitration agreements.
577.  Arbitrators.
578.  Authority of the arbitrator.
579.  Arbitration proceedings.
580.  Arbitration awards.
581.  Judicial review.
582.  [Repealed.]
583.  Support services.
584.  Authorization of appropriations.

       SUBCHAPTER V--ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

591.  Purpose.
592.  Definitions.
593.  Administrative Conference of the United States.
594.  Powers and duties of the Conference.
595.  Organization of the Conference.
596.  Authorization of appropriations.

             Chapter 6--The Analysis of Regulatory Functions

601.  Definitions.
602.  Regulatory agenda.
603.  Initial regulatory flexibility analysis.
604.  Final regulatory flexibility analysis.
605.  Avoidance of duplicative or unnecessary analyses.
606.  Effect on other law.
607.  Preparation of analyses.
608.  Procedure for waiver or delay of completion.
609.  Procedures for gathering comments.
610.  Periodic review of rules.
611.  Judicial review.
612.  Reports and intervention rights.

                       Chapter 7--Judicial Review

701.  Application; definitions.
702.  Right of review.
703.  Form and venue of proceeding.
704.  Actions reviewable.
705.  Relief pending review.
706.  Scope of review.

          Chapter 8--Congressional Review of Agency Rulemaking

801.  Congressional review.
802.  Congressional disapproval procedure.
803.  Special rule on statutory, regulatory, and judicial deadlines.
804.  Definitions.
805.  Judicial review.
806.  Applicability; severability.
807.  Exemption for monetary policy.
808.  Effective date of certain rules.

                   Chapter 9--Executive Reorganization

901.  Purpose
902.  Definitions.
903.  Reorganization plans.
904.  Additional contents of reorganization plan.
905.  Limitation on powers.
906.  Effective date and publication of reorganization plans.
907.  Effect on other laws, pending legal proceedings, and unexpended 
          appropriations.
908.  Rules of Senate and House of Representatives on reorganization 
          plans.
909.  Terms of resolution.
910.  Introduction and reference of resolution.
911.  Discharge of committee considering resolution.
912.  Procedure after report or discharge of committee; debate; vote on 
          final passage.

          PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

               Chapter 11--Office of Personnel Management

1101.  Office of Personnel Management.
1102.  Director; Deputy Director; Associate Directors.
1103.  Functions of the Director.
1104.  Delegation of authority for personnel management.
1105.  Administrative procedure.

 Chapter 12--Merit Systems Protection Board, Office of Special Counsel, 
                      and Employee Right of Action

               SUBCHAPTER I--MERIT SYSTEMS PROTECTION BOARD

1201.  Appointment of members of the Merit Systems Protection Board.
1202.  Term of office; filling vacancies; removal.
1203.  Chairman; Vice Chairman.
1204.  Powers and functions of the Merit Systems Protection Board.
1205.  Transmittal of information to Congress.
1206.  Annual report.
1207.  [Repealed]
1208.  [Repealed]

                 SUBCHAPTER II--OFFICE OF SPECIAL COUNSEL

1211.  Establishment.
1212.  Powers and functions of the Office of Special Counsel.
1213.  Provisions relating to disclosures of violations of law, gross 
          mismanagement, and certain other matters.
1214.  Investigation of prohibited personnel practices; corrective 
          action.
1215.  Disciplinary action.
1216.  Other matters within the jurisdiction of the Office of Special 
          Counsel.
1217.  Transmittal of information to Congress.
1218.  Annual report.
1219.  Public information.

   SUBCHAPTER III--INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES

1221.  Individual right of action in certain reprisal cases.
1222.  Availability of other remedies.

                      Chapter 13--Special Authority

1301.  Rules.
1302.  Regulations.
1303.  Investigations; reports.
1304.  Loyalty investigations; reports; revolving fund.
1305.  Administrative law judges.
1306.  Oaths to witnesses.
1307.  Minutes.

   Chapter 15--Political Activity of Certain State and Local Employees

1501.  Definitions.
1502.  Influencing elections; taking part in political campaigns; 
          prohibitions; exceptions.
1503.  Nonpartisan candidacies permitted.
1504.  Investigations; notice of hearing.
1505.  Hearings; adjudications; notice of determinations.
1506.  Orders; withholding loans or grants; limitations.
1507.  Subpenas and depositions.
1508.  Judicial review.

                           PART III--EMPLOYEES

                      SUBPART A--GENERAL PROVISIONS

                         Chapter 21--Definitions

2101.  Civil service; armed forces; uniformed services.
2101a. The Senior Executive Service.
2102.  The competitive service.
2103.  The excepted service.
2104.  Officer.
2105.  Employee.
2106.  Member of Congress.
2107.  Congressional employee.
2108.  Veteran; disabled veteran; preference eligible.
2109.  Air traffic controller; Secretary.

                   Chapter 23--Merit System Principles

2301.  Merit system principles.
2302.  Prohibited personnel practices.
2303.  Prohibited personnel practices in the Federal Bureau of 
          Investigation.
2304.  Responsibility of the General Accounting Office.
2305.  Coordination with certain other provisions of law.

          Chapter 29--Commissions, Oaths, Records, and Reports

               SUBCHAPTER I--COMMISSIONS, OATHS, AND RECORDS

2901.  Commission of an officer.
2902.  Commission; where recorded.
2903.  Oath; authority to administer.
2904.  Oath; administered without fees.
2905.  Oath; renewal.
2906.  Oath; custody.

                          SUBCHAPTER II--REPORTS

2951.  Reports to the Office of Personnel Management.
2952.  Time of making annual reports.
2953.  Reports to Congress on additional employee requirements.
2954.  Information to committees of Congress on request.

                   SUBPART B--EMPLOYMENT AND RETENTION

                  Chapter 31--Authority for Employment

                   SUBCHAPTER I--EMPLOYMENT AUTHORITIES

3101.  General authority to employ.
3102.  Employment of personal assistants for handicapped employees, 
          including blind and deaf employees.
3103.  Employment at seat of Government only for services rendered.
3104.  Employment of specially qualified scientific and professional 
          personnel.
3105.  Appointment of administrative law judges.
3106.  Employment of attorneys; restrictions.
3107.  Employment of publicity experts; restrictions.
3108.  Employment of detective agencies; restrictions.
3109.  Employment of experts and consultants; temporary or intermittent.
3110.  Employment of relatives; restrictions.
3111.  Acceptance of volunteer service.
3112.  Disabled veterans; noncompetitive appointment.
3113.  Restriction on reemployment after conviction of certain crimes.

                SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE

3131.  The Senior Executive Service.
3132.  Definitions and exclusions.
3133.  Authorization of positions; authority for appointment.
3134.  Limitations on noncareer and limited appointments.
3135.  [Repealed.]
3136.  Regulations.

       SUBCHAPTER III--THE FEDERAL BUREAU OF INVESTIGATION AND DRUG 
           ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE

3151.  The Federal Bureau of Investigation and Drug Enforcement 
          Administration Senior Executive Service.
3152.  Limitation on pay.

  SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE 
                                  ORDER

3161.  Employment and compensation of employees.

            Chapter 33--Examination, Selection, and Placement

         SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT

3301.  Civil service; generally.
3302.  Competitive service; rules.
3303.  Competitive service; recommendations of Senators or 
          Representatives.
3304.  Competitive service; examinations.
3304a. Competitive service; career appointment after 3 years' temporary 
          service.
3305.  Competitive service; examinations; when held.
3306.  [Repealed.]
3307.  Competitive service; maximum-age entrance requirements; 
          exceptions.
3308.  Competitive service; examinations; educational requirements 
          prohibited; exceptions.
3309.  Preference eligibles; examinations; additional points for.
3310.  Preference eligibles; examinations; guards, elevator operators, 
          messengers, and custodians.
3311.  Preference eligibles; examinations; crediting experience.
3312.  Preference eligibles; physical qualifications; waiver.
3313.  Competitive service; registers of eligibles.
3314.  Registers; preference eligibles who resigned.
3315.  Registers; preference eligibles furloughed or separated.
3315a. [Repealed.]
3316.  Preference eligibles; reinstatement.
3317.  Competitive service; certification from registers.
3318.  Competitive service; selection from certificates.
3319.  [Repealed.]
3320.  Excepted service; government of the District of Columbia; 
          selection.
3321.  Competitive service; probationary period.
3322.  [Repealed.]
3323.  Automatic separations; reappointment; reemployment of annuitants.
3324.  Appointments to positions classified above GS-15.
3325.  Appointments to scientific and professional positions.
3326.  Appointments of retired members of the armed forces to positions 
          in the Department of Defense.
3327.  Civil service employment information.
3328.  Selective Service registration.
3329.  Appointments of military reserve technicians to positions in the 
          competitive service.
3330.  Government-wide list of vacant positions.
3330a. Preference eligibles; administrative redress.
3330b. Preference eligibles; judicial redress.
3330c. Preference eligibles; remedy.

                       SUBCHAPTER II--OATH OF OFFICE

3331.  Oath of office.
3332.  Officer affidavit; no consideration paid for appointment.
3333.  Employee affidavit; loyalty and striking against the Government.

           SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS

3341.  Details; within Executive or military departments.
3342.  [Repealed.]
3343.  Details; to international organizations.
3344.  Details; administrative law judges.
3345.  Acting officer.
3346.  Time limitation.
3347.  Exclusivity.
3348.  Vacant office.
3349.  Reporting of vacancies.
3349a. Presidential inaugural transitions.
3349b. Holdover provisions relating to certain independent 
establishments.\1\
---------------------------------------------------------------------------
    \1\ Catchline does not conform to section heading.
---------------------------------------------------------------------------
3349c. Exclusion of certain officers.
3349d. Notification of intent to nominate during certain recesses or 
          adjournments.

                         SUBCHAPTER IV--TRANSFERS

3351.  Preference eligibles; transfer; physical qualifications; waiver.
3352.  Preference in transfers for employees making certain disclosures.

                          SUBCHAPTER V--PROMOTION

3361.  Promotion; competitive service; examination.
3362.  Promotion; effect of incentive award.
3363.  Preference eligibles; promotion; physical qualifications; waiver.
3364.  [Repealed.]

               SUBCHAPTER VI--ASSIGNMENTS TO AND FROM STATES

3371.  Definitions.
3372.  General provisions.
3373.  Assignments of employees to State or local governments.\2\
---------------------------------------------------------------------------
    \2\ So in law. The item for section 3373 does not conform to the 
heading for such section.
---------------------------------------------------------------------------
3374.  Assignments of employees from State or local governments.
3375.  Travel expenses.
3376.  Regulations.

                  SUBCHAPTER VII--AIR TRAFFIC CONTROLLERS

3381.  Training.
3382.  Involuntary separation for retirement.
3383.  Determinations; review procedures.
3384.  Regulations.
3385.  Effect on other authority.

  SUBCHAPTER VIII--APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT 
                     IN THE SENIOR EXECUTIVE SERVICE

3391.  Definitions.
3392.  General appointment provisions.
3393.  Career appointments.
3393a. Recertification.
3394.  Noncareer and limited appointments.
3395.  Reassignment and transfer within the Senior Executive Service.
3396.  Development for and within the Senior Executive Service.
3397.  Regulations.

          Chapter 34--Part-Time Career Employment Opportunities

3401.  Definitions.
3402.  Establishment of part-time career employment programs.
3403.  Limitations.
3404.  Personnel ceilings.
3405.  Nonapplicability.
3406.  Regulations.
3407.  [Repealed.]
3408.  Employee organization representation.

     Chapter 35--Retention Preference, Restoration, and Reemployment

                    SUBCHAPTER I--RETENTION PREFERENCE

3501.  Definitions; application.
3502.  Order of retention.
3503.  Transfer of functions.
3504.  Preference eligibles; retention; physical qualifications; waiver.

      [SUBCHAPTER II--RESTORATION AFTER ACTIVE DUTY OR TRAINING DUTY]

3551.  [Repealed.]

     SUBCHAPTER III--REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR 
                      REMOVAL FOR NATIONAL SECURITY

3571.  Reinstatement or restoration; individuals suspended or removed 
          for national security.

     SUBCHAPTER IV--REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL 
                              ORGANIZATION

3581.  Definitions.
3582.  Rights of transferring employees.
3583.  Computations.
3584.  Regulations.

  SUBCHAPTER V--REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE 
                        SENIOR EXECUTIVE SERVICE

3591.  Definitions.
3592.  Removal from the Senior Executive Service.
3593.  Reinstatement in the Senior Executive Service.
3594.  Guaranteed placement in other personnel systems.
3595.  Reduction in force in the Senior Executive Service.
3595a. Furlough in the Senior Executive Service.
3596.  Regulations.

     SUBCHAPTER VI--REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE 
                             FOREIGN SERVICE

3597.  Reemployment following limited appointment in the Foreign 
          Service.

                     SUBPART C--EMPLOYEE PERFORMANCE

                          Chapter 41--Training

4101.  Definitions.
4102.  Exceptions; Presidential authority.
4103.  Establishment of training programs.
4104.  Government facilities; use of.
4105.  Non-Government facilities; use of.
4106.  [Repealed.]
4107.  Restriction on degree training.
4108.  Employee agreements; service after training.
4109.  Expenses of training.
4110.  Expenses of attendance at meetings.
4111.  Acceptance of contributions, awards, and other payments.
4112.  Absorption of costs within funds available.
4113.  [Repealed.]
4114.  [Repealed.]
4115.  Collection of training information.
4116.  Training program assistance.
4117.  Administration.
4118.  Regulations.
4119.  Training for employees under the Office of the Architect of the 
          Capitol and the Botanic Garden.

                    Chapter 43--Performance Appraisal

                     SUBCHAPTER I--GENERAL PROVISIONS

4301.  Definitions.
4302.  Establishment of performance appraisal systems.
4302a. [Repealed.]
4303.  Actions based on unacceptable performance.
4304.  Responsibilities of the Office of Personnel Management.
4305.  Regulations.

   SUBCHAPTER II--PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE

4311.  Definitions.
4312.  Senior Executive Service performance appraisal systems.
4313.  Criteria for performance appraisals.
4314.  Ratings for performance appraisals.
4315.  Regulations.

                      Chapter 45--Incentive Awards

             SUBCHAPTER I--AWARDS FOR SUPERIOR ACCOMPLISHMENTS

4501.  Definitions.
4502.  General provisions.
4503.  Agency awards.
4504.  Presidential awards.
4505.  Awards to former employees.
4505a. Performance-based cash awards.
4506.  Regulations.
4507.  Awarding of ranks in the Senior Executive Service.
4508.  Limitation of awards during a Presidential election year.
4509.  Prohibition of cash award to Executive Schedule officers.

            SUBCHAPTER II--AWARDS FOR COST SAVINGS DISCLOSURES

4511.  Definition and general provisions.
4512.  Agency awards for cost savings disclosures.
4513.  Presidential awards for cost savings disclosures.

  SUBCHAPTER III--AWARD TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE 
                              CAPABILITIES

4521.  Definition.
4522.  General provision.
4523.  Award authority.

   Chapter 47--Personnel Research Programs and Demonstration Projects

4701.  Definitions.
4702.  Research programs.
4703.  Demonstration projects.
4704.  Allocation of funds.
4705.  Regulations.

                      SUBPART D--PAY AND ALLOWANCES

                       Chapter 51--Classification

5101.  Purpose.
5102.  Definitions; application.
5103.  Determination of applicability.
5104.  Basis for grading positions.
5105.  Standards for classification of positions.
5106.  Basis for classifying positions.
5107.  Classification of positions.
5108.  Classification of positions above GS-15.
5109.  Positions classified by statute.
5110.  Review of classification of positions.
5111.  Revocation and restoration of authority to classify positions.
5112.  General authority of the Office of Personnel Management.
5113.  Classification records.
5114.  [Repealed.]
5115.  Regulations.

                    Chapter 53--Pay Rates and Systems

              SUBCHAPTER I--PAY COMPARABILITY SYSTEM<GREEK-B>

5301.  Policy.
5302.  Definitions.
5303.  Annual adjustments to pay schedules.
5304.  Locality-based comparability payments.
5304a. Authority to fix an alternative level of comparability payments.
5305.  Special pay authority.
5306.  Pay fixed by administrative action.
5307.  Limitation on certain payments.

                SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

5311.  The Executive Schedule.
5312.  Positions at level I.
5313.  Positions at level II.
5314.  Positions at level III.
5315.  Positions at level IV.
5316.  Positions at level V.
5317.  Presidential authority to place positions at levels IV and V.
5318.  Adjustments in rates of pay.

                SUBCHAPTER III--GENERAL SCHEDULE PAY RATES

5331.  Definitions; application.
5332.  The General Schedule.
5333.  Minimum rate for new appointments.
5334.  Rate on change of position or type of appointment; regulations.
5335.  Periodic step-increases.
5336.  Additional step-increases.
5337.  [Repealed.]
5338.  Regulations.

                  SUBCHAPTER IV--PREVAILING RATE SYSTEMS

5341.  Policy.
5342.  Definitions; application.
5343.  Prevailing rate determinations; wage schedules; night 
          differentials.
5344.  Effective date of wage increase; retroactive pay.
5345.  [Repealed.]
5346.  Job grading system.
5347.  Federal Prevailing Rate Advisory Committee.
5348.  Crews of vessels.
5349.  Prevailing rate employees; legislative, judicial, Bureau of 
          Engraving and Printing, and government of the District of 
          Columbia.

                      SUBCHAPTER V--STUDENT-EMPLOYEES

5351.  Definitions.
5352.  Stipends.
5353.  Quarters, subsistence, and laundry.
5354.  Effect of detail or affiliation; travel expenses.
5355.  Effect on other statutes.
5356.  Appropriations.

                  SUBCHAPTER VI--GRADE AND PAY RETENTION

5361.  Definitions.
5362.  Grade retention following a change of positions or 
          reclassification.
5363.  Pay retention.
5364.  Remedial actions.
5365.  Regulations.
5366.  Appeals.

                 SUBCHAPTER VII--MISCELLANEOUS PROVISIONS

5371.  Health care positions.
5372.  Administrative law judges.
5372a. Contract appeals board members.
5372b. Administrative appeals judges.
5373.  Limitation on pay fixed by administrative action.
5374.  Miscellaneous positions in the executive branch.
5375.  Police force of the National Zoological Park.
5376.  Pay for certain senior-level positions.
5377.  Pay authority for critical positions.
5378.  Police forces of the Bureau of Engraving and Printing and the 
          United States Mint.
5379.  Student loan repayments.

           SUBCHAPTER VIII--PAY FOR THE SENIOR EXECUTIVE SERVICE

5381.  Definitions.
5382.  Establishment and adjustment of rates of pay for the Senior 
          Executive Service.
5383.  Setting individual senior executive pay.
5384.  Performance awards in the Senior Executive Service.
5385.  Regulations.

              SUBCHAPTER IX--SPECIAL OCCUPATIONAL PAY SYSTEMS

5391.  Definitions.
5392.  Establishment of special occupational pay systems.

                     Chapter 55--Pay Administration

                     SUBCHAPTER I--GENERAL PROVISIONS

5501.  Disposition of money accruing from lapsed salaries or unused 
          appropriations for salaries.
5502.  Unauthorized office; prohibition on use of funds.
5503.  Recess appointments.
5504.  Biweekly pay periods; computation of pay.
5505.  Monthly pay periods; computation of pay.
5506.  Computation of extra pay based on standard or daylight saving 
          time.
5507.  Officer affidavit; condition to pay.
5508.  Officer entitled to leave; effect on pay status.
5509.  Appropriations.

                      SUBCHAPTER II--WITHHOLDING PAY

5511.  Withholding pay; employees removed for cause.
5512.  Withholding pay; individuals in arrears.
5513.  Withholding pay; credit disallowed or charge raised for payment.
5514.  Installment deduction for indebtedness to the United States.
5515.  Crediting amounts received for jury or witness service.
5516.  Withholding District of Columbia income taxes.
5517.  Withholding State income taxes.
5518.  Deductions for State retirement systems; National Guard 
          employees.
5519.  Crediting amounts received for certain Reserve or National Guard 
          service.
5520.  Withholding of city or county income or employment taxes.
5520a. Garnishment of pay.

       SUBCHAPTER III--ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY

5521.  Definitions.
5522.  Advance payments; rates; amounts recoverable.
5523.  Duration of payments; rates; active service period.
5524.  Review of accounts.
5524a. Advance payments for new appointees.
5525.  Allotment and assignment of pay.
5526.  Funds available on reimbursable basis.
5527.  Regulations.

                SUBCHAPTER IV--DUAL PAY AND DUAL EMPLOYMENT

5531.  Definitions.
5532.  Employment of retired members of the uniformed services; 
          reduction in retired or retainer pay.
5533.  Dual pay from more than one position; limitations; exceptions.
5534.  Dual employment and pay of Reserves and National Guardsmen.
5534a. Dual employment and pay during terminal leave from uniformed 
          services.
5535.  Extra pay for details prohibited.
5536.  Extra pay for extra services prohibited.
5537.  Fees for jury and witness service.

                         SUBCHAPTER V--PREMIUM PAY

5541.  Definitions.
5542.  Overtime rates; computation.
5543.  Compensatory time off.
5544.  Wage-board overtime and Sunday rates; computation.
5545.  Night, standby, irregular, and hazardous duty differential.
5545a. Availability pay for criminal investigators
5545b. Pay for firefighters.
5546.  Pay for Sunday and holiday work.
5546a. Differential pay for certain employees of the Federal Aviation 
          Administration and the Department of Defense.
5547.  Limitation on premium pay.
5548.  Regulations.
5549.  Effect on other statutes.
5550.  [Repealed.]
5550a. Compensatory time off for religious observances.

         SUBCHAPTER VI--PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE

5551.  Lump-sum payment for accumulated and accrued leave on separation.
5552.  Lump-sum payment for accumulated and accrued leave on entering 
          active duty; election.
5553.  Regulations.

               SUBCHAPTER VII--PAYMENTS TO MISSING EMPLOYEES

5561.  Definitions.
5562.  Pay and allowances; continuance while in a missing status; 
          limitations.
5563.  Allotments; continuance, suspension, initiation, resumption, or 
          increase while in a missing status; limitations.
5564.  Travel and transportation; dependents; household and personal 
          effects; motor vehicles; sale of bulky items; claims for 
          proceeds; appropriation chargeable.
5565.  Agency review.
5566.  Agency determinations.
5567.  Settlement of accounts.
5568.  Income tax deferment.
5569.  Benefits for captives.
5570.  Compensation for disability or death.

                  SUBCHAPTER VIII--SETTLEMENT OF ACCOUNTS

5581.  Definitions.
5582.  Designation of beneficiary; order of precedence.
5583.  Payment of money due; settlement of accounts.
5584.  Claims for overpayment of pay and allowances, and of travel, 
          transportation and relocation expenses and allowances.

                 SUBCHAPTER IX--SEVERANCE PAY AND BACK PAY

5591-5594.  [Repealed.]
5595.  Severance pay.
5596.  Back pay due to unjustified personnel action.
5597.  Separation pay.

           Chapter 57--Travel, Transportation, and Subsistence

     SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

5701.  Definitions.
5702.  Per diem; employees traveling on official business.
5703.  Per diem, travel, and transportation expenses; experts and 
          consultants; individuals serving without pay.
5704.  Mileage and related allowances.
5705.  Advancements and deductions.
5706.  Allowable travel expenses.
5706a. Subsistence and travel expenses for threatened law enforcement 
          personnel.
5706b. Interview expenses.
5706c. Reimbursement for taxes incurred on money received for travel 
          expenses.
5707.  Regulations and reports.
5707a. Adherence to fire safety guidelines in establishing rates and 
          discounts for lodging expenses.
5708.  Effect on other statutes.
5709.  Air evacuation patients: furnished subsistence.
5710.  Authority for travel expenses test programs.

    SUBCHAPTER II--TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, 
               STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

5721.  Definitions.
5722.  Travel and transportation expenses of new appointees; posts of 
          duty outside the continental United States.
5723.  Travel and transportation expenses of new appointees and student 
          trainees.
5724.  Travel and transportation expenses of employees transferred; 
          advancement of funds; reimbursement on commuted basis.
5724a. Relocation expenses of employees transferred or reemployed.
5724b. Taxes on reimbursements for travel, transportation, and 
          relocation expenses of employees transferred.
5724c. Relocation services.
5725.  Transportation expenses; employees assigned to danger areas.
5726.  Storage expenses; household goods and personal effects.
5727.  Transportation of motor vehicles.
5728.  Travel and transportation expenses; vacation leave.
5729.  Transportation expenses; prior return of family.
5730.  Funds available.
5731.  Expenses limited to lowest first-class rate.
5732.  General average contribution; payment or reimbursement.
5733.  Expeditious travel.
5734.  Travel, transportation, and relocation expenses of employees 
          transferred from the Postal Service.
5735.  Travel, transportation, and relocation expenses of employees 
          transferring to the United States Postal Service.
5736.  Travel, transportation, and relocation expenses of certain 
          nonappropriated fund employees.
5737.  Relocation expenses of an employee who is performing an extended 
          assignment.
5738.  Regulations.
5739.  Authority for relocation expenses test programs.

    SUBCHAPTER III--TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS

5741.  General prohibition.
5742.  Transportation of remains, dependents, and effects; death 
          occurring away from official station or abroad.

                  SUBCHAPTER IV--MISCELLANEOUS PROVISIONS

5751.  Travel expenses of witnesses.
5752.  Travel expenses of Senior Executive Service candidates.
5753.  Recruitment and relocation bonuses.
5754.  Retention allowances.
5755.  Supervisory differentials.
5756.  Home marketing incentive payment.

                         Chapter 59--Allowances

                          SUBCHAPTER I--UNIFORMS

5901.  Uniform allowances.
5902.  Increase in maximum uniform allowance.
5903.  Regulations.

                          SUBCHAPTER II--QUARTERS

5911.  Quarters and facilities; employees in the United States.
5912.  Quarters in Government owned or rented buildings; employees in 
          foreign countries.
5913.  Official residence expenses.

           SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES

5921.  Definitions.
5922.  General provisions.
5923.  Quarters allowances.
5924.  Cost-of-living allowances.
5925.  Post differentials.
5926.  Compensatory time off at certain posts in foreign areas.
5927.  Advances of pay.
5928.  Danger pay allowance.

                  SUBCHAPTER IV--MISCELLANEOUS ALLOWANCES

5941.  Allowances based on living costs and conditions of environment; 
          employees stationed outside continental United States or in 
          Alaska.
5942.  Allowance based on duty at remote worksites.
5942a. Separate maintenance allowance for duty at Johnston Island.
5943.  Foreign currency appreciation allowances.
5944.  [Repealed.]
5945.  Notary public commission expenses.
5946.  Membership fees; expenses of attendance at meetings; limitations.
5947.  Quarters, subsistence, and allowances for employees of the Corps 
          of Engineers, Department of the Army, engaged in floating 
          plant operations.
5948.  Physicians comparability allowances.

                     SUBPART E--ATTENDANCE AND LEAVE

                        Chapter 61--Hours of Work

                     SUBCHAPTER I--GENERAL PROVISIONS

6101.  Basic 40-hour workweek; work schedules; regulations.
6102.  [Repealed.]
6103.  Holidays.
6104.  Holidays; daily, hourly, and piece-work basis employees.
6105.  Closing of Executive departments.
6106.  Time clocks; restrictions.

           SUBCHAPTER II--FLEXIBLE AND COMPRESSED WORK SCHEDULES

6120.  Purpose.
6121.  Definitions.
6122.  Flexible schedules; agencies authorized to use.
6123.  Flexible schedules; computation of premium pay.
6124.  Flexible schedules; holidays.
6125.  Flexible schedules; time-recording devices.
6126.  Flexible schedules; credit hours; accumulation and compensation.
6127.  Compressed schedules; agencies authorized to use.
6128.  Compressed schedules; computation of premium pay.
6129.  Administration of leave and retirement provisions.
6130.  Application of programs in the case of collective bargaining 
          agreements.
6131.  Criteria and review.
6132.  Prohibition of coercion.
6133.  Regulations; technical assistance; program review.

                            Chapter 63--Leave

                    SUBCHAPTER I--ANNUAL AND SICK LEAVE

6301.  Definitions.
6302.  General provisions.
6303.  Annual leave; accrual.
6304.  Annual leave; accumulation.
6305.  Home leave; leave for Chiefs of Missions; leave for crews of 
          vessels.
6306.  Annual leave; refund of lump-sum payment; recredit of annual 
          leave.
6307.  Sick leave; accrual and accumulation.
6308.  Transfers between positions under different leave systems.
6309.  [Repealed.]
6310.  Leave of absence; aliens.
6311.  Regulations.
6312.  Accrual and accumulation for former ASCS county office and 
          nonappropriated fund employees.

                      SUBCHAPTER II--OTHER PAID LEAVE

6321.  Absence of veterans to attend funeral services.
6322.  Leave for jury or witness service; official duty status for 
          certain witness service.
6323.  Military leave; Reserves and National Guardsmen.
6324.  Absence of certain police and firemen.
6325.  Absence resulting from hostile action abroad.
6326.  Absence in connection with funerals of immediate relatives in the 
          Armed Forces.
6327.  Absence in connection with serving as a bone-marrow or organ 
          donor.
6328.  Absence in connection with funerals of fellow Federal law 
          enforcement officers.

               SUBCHAPTER III--VOLUNTARY TRANSFERS OF LEAVE

6331.  Definitions.
6332.  General authority.
6333.  Receipt and use of transferred leave.
6334.  Donations of leave.
6335.  Termination of medical emergency.
6336.  Restoration of transferred leave.
6337.  Accrual of leave.
6338.  Prohibition of coercion.
6339.  Additional leave transfer programs.
6340.  Inapplicability of certain provisions.

                SUBCHAPTER IV--VOLUNTARY LEAVE BANK PROGRAM

6361.  Definitions.
6362.  General authority.
6363.  Establishment of leave banks.
6364.  Establishment of Leave Bank Boards.
6365.  Contributions of annual leave.
6366.  Eligibility for leave recipients.
6367.  Receipt and use of leave from a leave bank.
6368.  Termination of medical emergency.
6369.  Restoration of transferred leave.
6370.  Prohibition of coercion.
6371.  Accrual of leave.
6372.  Additional leave bank programs.
6373.  Authority to participate in both programs.

                  SUBCHAPTER V--FAMILY AND MEDICAL LEAVE

6381.  Definitions.
6382.  Leave requirement.
6383.  Certification.
6384.  Employment and benefits protection.
6385.  Prohibition of coercion.
6386.  Health insurance.
6387.  Regulations.

        SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

6391.  Authority for leave transfer program in disasters and 
          emergencies.

           SUBPART F--LABOR-MANAGEMENT AND EMPLOYEE RELATIONS

                 Chapter 71--Labor-Management Relations

                     SUBCHAPTER I--GENERAL PROVISIONS

7101.  Findings and purpose.
7102.  Employees' rights.
7103.  Definitions; application.
7104.  Federal Labor Relations Authority.
7105.  Powers and duties of the Authority.
7106.  Management rights.

   SUBCHAPTER II--RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS

7111.  Exclusive recognition of labor organizations.
7112.  Determination of appropriate units for labor organization 
          representation.
7113.  National consultation rights.
7114.  Representation rights and duties.
7115.  Allotments to representatives.
7116.  Unfair labor practices.
7117.  Duty to bargain in good faith; compelling need; duty to consult.
7118.  Prevention of unfair labor practices.
7119.  Negotiation impasses; Federal Service Impasses Panel.
7120.  Standards of conduct for labor organizations.

              SUBCHAPTER III--GRIEVANCES, APPEALS, AND REVIEW

7121.  Grievance procedures.
7122.  Exceptions to arbitral awards.
7123.  Judicial review; enforcement.

            SUBCHAPTER IV--ADMINISTRATIVE AND OTHER PROVISIONS

7131.  Official time.
7132.  Subpenas.
7133.  Compilation and publication of data.
7134.  Regulations.
7135.  Continuation of existing laws, recognitions, agreements, and 
          procedures.

       Chapter 72--Antidiscrimination; Right to Petition Congress

              SUBCHAPTER I--ANTIDISCRIMINATION IN EMPLOYMENT

7201.  Antidiscrimination policy; minority recruitment program.
7202.  Marital status.
7203.  Handicapping condition.
7204.  Other prohibitions.

           SUBCHAPTER II--EMPLOYEES' RIGHT TO PETITION CONGRESS

7211.  Employees' right to petition Congress.

             Chapter 73--Suitability, Security, and Conduct

                    SUBCHAPTER I--REGULATION OF CONDUCT

7301.  Presidential regulations.

                   SUBCHAPTER II--EMPLOYMENT LIMITATIONS

7311.  Loyalty and striking.
7312.  Employment and clearance; individuals removed for national 
          security.
7313.  Riots and civil disorders.

                   SUBCHAPTER III--POLITICAL ACTIVITIES

7321.  Political participation.
7322.  Definitions.
7323.  Political activity authorized; prohibitions.
7324.  Political activities on duty; prohibition.
7325.  Political activity permitted; employees residing in certain 
          municipalities.
7326.  Penalties.

               SUBCHAPTER IV--FOREIGN GIFTS AND DECORATIONS

7341.  [Repealed.]
7342.  Receipt and disposition of foreign gifts and decorations.

                         SUBCHAPTER V--MISCONDUCT

7351.  Gifts to superiors.
7352.  Excessive and habitual use of intoxicants.
7353.  Gifts to Federal employees.

         SUBCHAPTER VI--DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM

7361.  Drug abuse.
7362.  Alcohol abuse and alcoholism.
7363.  Reports to Congress.

    SUBCHAPTER VII--MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW 
                          ENFORCEMENT OFFICERS

7371.  Mandatory removal from employment of law enforcement officers 
          convicted of felonies.

                       Chapter 75--Adverse Actions

               SUBCHAPTER I--SUSPENSION FOR 14 DAYS OR LESS

7501.  Definitions.
7502.  Actions covered.
7503.  Cause and procedure.
7504.  Regulations.

  SUBCHAPTER II--REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN 
              GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS

7511.  Definitions; application.
7512.  Actions covered.
7513.  Cause and procedure.
7514.  Regulations.

                 SUBCHAPTER III--ADMINISTRATIVE LAW JUDGES

7521.  Actions against administrative law judges.

                     SUBCHAPTER IV--NATIONAL SECURITY

7531.  Definitions.
7532.  Suspension and removal.
7533.  Effect on other statutes.

                  SUBCHAPTER V--SENIOR EXECUTIVE SERVICE

7541.  Definitions.
7542.  Actions covered.
7543.  Cause and procedure.

                           Chapter 77--Appeals

7701.  Appellate procedures.
7702.  Actions involving discrimination.
7703.  Judicial review of decisions of the Merit Systems Protection 
          Board.

                    Chapter 79--Services to Employees

7901.  Health service programs.
7902.  Safety programs.
7903.  Protective clothing and equipment.
7904.  Employee assistance programs relating to drug abuse and alcohol 
          abuse.
7905.  Programs to encourage commuting by means other than single-
          occupancy motor vehicles.

                   SUBPART G--INSURANCE AND ANNUITIES

               Chapter 81--Compensation for Work Injuries

                          SUBCHAPTER I--GENERALLY

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.  Continuation of pay; election to use annual or sick leave.
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.  Forfeiture of benefits by convicted felons.
8149.  Regulations.
8150.  Effect on other statutes.
8151.  Civil service retention rights.
8152.  Annual report.

    SUBCHAPTER II--EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES

8171.  Compensation for work injuries; generally.
8172.  Employees not citizens or residents of the United States.
8173.  Liability under this subchapter exclusive.

   SUBCHAPTER III--LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED 
                                 STATES

8191.  Determination of eligibility.
8192.  Benefits.
8193.  Administration.

                         Chapter 83--Retirement

                     SUBCHAPTER I--GENERAL PROVISIONS

8301.  Uniform retirement date.

          SUBCHAPTER II--FORFEITURE OF ANNUITIES AND RETIRED PAY

8311.  Definitions.
8312.  Conviction of certain offenses.
8313.  Absence from the United States to avoid prosecution.
8314.  Refusal to testify.
8315.  Falsifying employment applications.
8316.  Refund of contributions and deposits.
8317.  Repayment of annuity or retired pay properly paid; waiver.
8318.  Restoration of annuity or retired pay.
8319.  Removal of members of the uniformed services from rolls; 
          restoration; reappointment.
8320.  Offense or violation committed in compliance with orders.
8321.  Liability of accountable employees.
8322.  Effect on other statutes.

                 SUBCHAPTER III--CIVIL SERVICE RETIREMENT

8331.  Definitions.
8332.  Creditable service.
8333.  Eligibility for annuity.
8334.  Deductions, contributions, and deposits.
8335.  Mandatory separation.
8336.  Immediate retirement.
8337.  Disability retirement.
8338.  Deferred retirement.
8339.  Computation of annuity.
8340.  Cost-of-living adjustment of annuities.
8341.  Survivor annuities.
8342.  Lump-sum benefits; designation of beneficiary; order of 
          precedence.
8343.  Additional annuities; voluntary contributions.
8343a. Alternative forms of annuities.
8344.  Annuities and pay on reemployment.
8345.  Payment of benefits; commencement, termination, and waiver of 
          annuity.
8346.  Exemption from legal process; recovery of payments.
8347.  Administration; regulations.
8348.  Civil Service Retirement and Disability Fund.
8349.  Offset relating to certain benefits under the Social Security 
          Act.
8350.  Retirement counseling.
8351.  Participation in the Thrift Savings Plan.

            Chapter 84--Federal Employees' Retirement System

                     SUBCHAPTER I--GENERAL PROVISIONS

8401.  Definitions.
8402.  Federal Employees' Retirement System; exclusions.
8403.  Relationship to the Social Security Act.

                       SUBCHAPTER II--BASIC ANNUITY

8410.  Eligibility for annuity.
8411.  Creditable service.
8412.  Immediate retirement.
8413.  Deferred retirement.
8414.  Early retirement.
8415.  Computation of basic annuity.
8416.  Survivor reduction for a current spouse.
8417.  Survivor reduction for a former spouse.
8418.  Survivor elections; deposit; offsets.
8419.  Survivor reductions; computation.
8420.  Insurable interest reductions.
8420a. Alternative forms of annuities.
8421.  Annuity supplement.
8421a. Reductions on account of earnings from work performed while 
          entitled to an annuity supplement.
8422.  Deductions from pay; contributions for military service.
8423.  Government contributions.
8424.  Lump-sum benefits; designation of beneficiary; order of 
          precedence.
8425.  Mandatory separation.

                    SUBCHAPTER III--THRIFT SAVINGS PLAN

8431.  Certain transfers to be treated as a separation.
8432.  Contributions.
8432a. Payment of lost earnings.
8432b. Contributions of persons who perform military service.
8432c. Contributions of certain persons reemployed after service with 
          international organizations.
8433.  Benefits and election of benefits.
8434.  Annuities: methods of payment; election; purchase.
8435.  Protections for spouses and former spouses.
8436.  Administrative provisions.
8437.  Thrift Savings Fund.
8438.  Investment of Thrift Savings Fund.
8439.  Accounting and information.
8440.  Tax treatment of the Thrift Savings Fund.
8440a. Justices and judges.
8440b. Bankruptcy judges and magistrates.
8440c. Claims Court judges.
8440d. Judges of the United States Court of Appeals for Veterans Claim.
8440e. Members of the uniformed services.
8440f. Maximum percentage allowable for certain participants.

                     SUBCHAPTER IV--SURVIVOR ANNUITIES

8441.  Definitions.
8442.  Rights of a widow or widower.
8443.  Rights of a child.
8444.  Rights of a named individual with an insurable interest.
8445.  Rights of a former spouse.

                     SUBCHAPTER V--DISABILITY BENEFITS

8451.  Disability retirement.
8452.  Computation of disability annuity.
8453.  Application.
8454.  Medical examination.
8455.  Recovery; restoration of earning capacity.
8456.  Military reserve technicians.

           SUBCHAPTER VI--GENERAL AND ADMINISTRATIVE PROVISIONS

8461.  Authority of the Office of Personnel Management.
8462.  Cost-of-living adjustments.
8463.  Rate of benefits.
8464.  Commencement and termination of annuities of employees and 
          Members.
8464a. Relationship between annuity and workers' compensation.
8465.  Waiver, allotment, and assignment of benefits.
8466.  Application for benefits.
8467.  Court orders.
8468.  Annuities and pay on reemployment.
8469.  Withholding of State income taxes.
8470.  Exemption from legal process; recovery of payments.

  SUBCHAPTER VII--FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM

8471.  Definitions.
8472.  Federal Retirement Thrift Investment Board.
8473.  Employee Thrift Advisory Council.
8474.  Executive Director.
8475.  Investment policies.
8476.  Administrative provisions.
8477.  Fiduciary responsibilities; liability and penalties.
8478.  Bonding.
8478a. Investigative authority.
8479.  Exculpatory provisions; insurance.

                  Chapter 85--Unemployment Compensation

                     SUBCHAPTER I--EMPLOYEES GENERALLY

8501.  Definitions.
8502.  Compensation under State agreement.
8503.  Compensation absent State agreement.
8504.  Assignment of Federal service and wages.
8505.  Payments to States.
8506.  Dissemination of information.
8507.  False statements and misrepresentations.
8508.  Regulations.
8509.  Federal Employees Compensation Account.

                       SUBCHAPTER II--EX-SERVICEMEN

8521.  Definitions; application.
8522.  Assignment of Federal service and wages.
8523.  Dissemination of information.
8524.  [Repealed.]
8525.  Effect on other statutes.

                       Chapter 87--Life Insurance

8701.  Definitions.
8702.  Automatic coverage.
8703.  Benefit certificate.
8704.  Group insurance; amounts.
8705.  Death claims; order of precedence; escheat.
8706.  Termination of insurance; assignment of ownership.
8707.  Employee deductions; withholding.
8708.  Government contributions.
8709.  Insurance policies.
8710.  Reinsurance.
8711.  Basic tables of premium rates.
8712.  Annual accounting; special contingency reserve.
8713.  Effect of other statutes.
8714.  Employees' Life Insurance Fund.
8714a. Optional insurance.
8714b. Additional optional life insurance.
8714c. Optional life insurance on family members.
8714d. Option to receive ``living benefits''.
8715.  Jurisdiction of courts.
8716.  Regulations.

                      Chapter 89--Health Insurance

8901.  Definitions.
8902.  Contracting authority.
8902a. Debarment and other sanctions.
8903.  Health benefits plans.
8903a. Additional health benefits plans.
8903b. Authority to readmit an employee organization plan.
8904.  Types of benefits.
8905.  Election of coverage.
8905a. Continued coverage.
8906.  Contributions.
8906a. Temporary employees.
8907.  Information to individuals eligible to enroll.
8908.  Coverage of restored employees and survivor or disability 
          annuitants.
8909.  Employees Health Benefits Fund.
8910.  Studies, reports, and audits.
8911.  Advisory committee.
8912.  Jurisdiction of courts.
8913.  Regulations.
8914.  Effect of other statutes.

                  Chapter 90--Long-Term Care Insurance

9001.  Definitions.
9002.  Availability of insurance.
9003.  Contracting authority.
9004.  Financing.
9005.  Preemption.
9006.  Studies, reports, and audits.
9007.  Jurisdiction of courts.
9008.  Administrative functions.
9009.  Cost accounting standards.

        SUBPART H--ACCESS TO CRIMINAL HISTORY RECORD INFORMATION

Chapter 91--Access to Criminal History Records for National Security and 
                             Other Purposes

9101.  Access to criminal history records for national security and 
          other purposes.

                        SUBPART I--MISCELLANEOUS

  Chapter 95--Personnel Flexibilities Relating to the Internal Revenue 
                                 Service

9501.  Internal Revenue Service personnel flexibilities.
9502.  Pay authority for critical positions.
9503.  Streamlined critical pay authority.
9504.  Recruitment, retention, relocation incentives, and relocation 
          expenses.
9505.  Performance awards for senior executives.
9506.  Limited appointments to career reserved Senior Executive Service 
          positions.
9507.  Streamlined demonstration project authority.
9508.  General workforce performance management system.
9509.  General workforce classification and pay.
9510.  General workforce staffing.

                     PART I--THE AGENCIES GENERALLY

Chap.                                                               Sec.
      Organization...................................................101
      Powers.........................................................301
      Administrative Procedure.......................................501
      The Analysis of Regulatory Functions...........................601
      Judicial Review................................................701
      Congressional Review of Agency Rulemaking......................801
      Executive Reorganization.......................................901

                        CHAPTER 1--ORGANIZATION

Sec.
101.    Executive departments.
102.    Military departments.
103.    Government corporation.
104.    Independent establishment.
105.    Executive agency.

Sec. 101. Executive departments

    The Executive departments are:
            The Department of State.
            The Department of the Treasury.
            The Department of Defense.
            The Department of Justice.
            The Department of the Interior.
            The Department of Agriculture.
            The Department of Commerce.
            The Department of Labor.
            The Department of Health and Human Services.
            The Department of Housing and Urban Development.
            The Department of Transportation.
            The Department of Energy.
            The Department of Education.
            The Department of Veterans Affairs.

Sec. 102. Military departments

    The military departments are:
            The Department of the Army.
            The Department of the Navy.
            The Department of the Air Force.

Sec. 103. Government corporation

    For the purpose of this title--
            (1) ``Government corporation'' means a corporation 
        owned or controlled by the Government of the United 
        States; and
            (2) ``Government controlled corporation'' does not 
        include a corporation owned by the Government of the 
        United States.

Sec. 104. Independent establishment

    For the purpose of this title, ``independent 
establishment'' means--
            (1) an establishment in the executive branch (other 
        than the United States Postal Service or the Postal 
        Rate Commission) which is not an Executive department, 
        military department, Government corporation, or part 
        thereof, or part of an independent establishment; and
            (2) the General Accounting Office.

Sec. 105. Executive agency

    For the purpose of this title, ``Executive agency'' means 
an Executive department, a Government corporation, and an 
independent establishment.


                           CHAPTER 3--POWERS

Sec.
301.    Departmental regulations.
302.    Delegation of authority.
303.    Oaths to witnesses.
304.    Subpenas.
305.    Systematic agency review of operations.
306.    Strategic plans.

Sec. 301. Departmental regulations

    The head of an Executive department or military department 
may prescribe regulations for the government of his department, 
the conduct of its employees, the distribution and performance 
of its business, and the custody, use, and preservation of its 
records, papers, and property. This section does not authorize 
withholding information from the public or limiting the 
availability of records to the public.

Sec. 302. Delegation of authority

    (a) For the purpose of this section, ``agency'' has the 
meaning given it by section 5721 of this title.
    (b) In addition to the authority to delegate conferred by 
other law, the head of an agency may delegate to subordinate 
officials the authority vested in him--
            (1) by law to take final action on matters 
        pertaining to the employment, direction, and general 
        administration of personnel under his agency; and
            (2) by section 3702 of title 44 to authorize the 
        publication of advertisements, notices, or proposals.

Sec. 303. Oaths to witnesses

    (a) An employee of an Executive department lawfully 
assigned to investigate frauds on or attempts to defraud the 
United States, or irregularity or misconduct of an employee or 
agent of the United States, may administer an oath to a witness 
attending to testify or depose in the course of the 
investigation.
    (b) An employee of the Department of Defense lawfully 
assigned to investigative duties may administer oaths to 
witnesses in connection with an official investigation.

Sec. 304. Subpenas

    (a) The head of an Executive department or military 
department or bureau thereof in which a claim against the 
United States is pending may apply to a judge or clerk of a 
court of the United States to issue a subpena for a witness 
within the jurisdiction of the court to appear at a time and 
place stated in the subpena before an individual authorized to 
take depositions to be used in the courts of the United States, 
to give full and true answers to such written interrogatories 
and cross-interrogatories as may be submitted with the 
application, or to be orally examined and cross-examined on the 
subject of the claim.
    (b) If a witness, after being served with a subpena, 
neglects or refuses to appear, or, appearing, refuses to 
testify, the judge of the district in which the subpena issued 
may proceed, on proper process, to enforce obedience to the 
subpena, or to punish for disobedience, in the same manner as a 
court of the United States may in case of process of subpena ad 
testificandum issued by the court.

Sec. 305. Systematic agency review of operations

    (a) For the purpose of this section, ``agency'' means an 
Executive agency, but does not include--
            (1) a Government controlled corporation;
            (2) the Tennessee Valley Authority;
            (3) the Alaska Railroad;
            (4) the Virgin Islands Corporation;
            (5) the Atomic Energy Commission;
            (6) the Central Intelligence Agency;
            (7) the Panama Canal Commission; or
            (8) the National Security Agency, Department of 
        Defense.
    (b) Under regulations prescribed and administered by the 
President, each agency shall review systematically the 
operations of each of its activities, functions, or 
organization units, on a continuing basis.
    (c) The purpose of the reviews includes--
            (1) determining the degree of efficiency and 
        economy in the operation of the agency's activities, 
        functions, or organization units;
            (2) identifying the units that are outstanding in 
        those respects; and
            (3) identifying the employees whose personal 
        efforts have caused their units to be outstanding in 
        efficiency and economy of operations.

Sec. 306. Strategic plans

    (a) No later than September 30, 1997, the head of each 
agency shall submit to the Director of the Office of Management 
and Budget and to the Congress a strategic plan for program 
activities. Such plan shall contain--
            (1) a comprehensive mission statement covering the 
        major functions and operations of the agency;
            (2) general goals and objectives, including 
        outcome-related goals and objectives, for the major 
        functions and operations of the agency;
            (3) a description of how the goals and objectives 
        are to be achieved, including a description of the 
        operational processes, skills and technology, and the 
        human, capital, information, and other resources 
        required to meet those goals and objectives;
            (4) a description of how the performance goals 
        included in the plan required by section 1115(a) of 
        title 31 shall be related to the general goals and 
        objectives in the strategic plan;
            (5) an identification of those key factors external 
        to the agency and beyond its control that could 
        significantly affect the achievement of the general 
        goals and objectives; and
            (6) a description of the program evaluations used 
        in establishing or revising general goals and 
        objectives, with a schedule for future program 
        evaluations.
    (b) The strategic plan shall cover a period of not less 
than five years forward from the fiscal year in which it is 
submitted. The strategic plan shall be updated and revised at 
least every three years, except that the strategic plan for the 
Department of Defense shall be updated and revised at least 
every four years.
    (c) The performance plan required by section 1115 of title 
31 shall be consistent with the agency's strategic plan. A 
performance plan may not be submitted for a fiscal year not 
covered by a current strategic plan under this section.
    (d) When developing a strategic plan, the agency shall 
consult with the Congress, and shall solicit and consider the 
views and suggestions of those entities potentially affected by 
or interested in such a plan.
    (e) The functions and activities of this section shall be 
considered to be inherently Governmental functions. The 
drafting of strategic plans under this section shall be 
performed only by Federal employees.
    (f) For purposes of this section the term ``agency'' means 
an Executive agency defined under section 105, but does not 
include the Central Intelligence Agency, the General Accounting 
Office, the Panama Canal Commission, the United States Postal 
Service, and the Postal Rate Commission.


                  CHAPTER 5--ADMINISTRATIVE PROCEDURE

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec.
500.    Administrative practice; general provisions.
501.    Advertising practice; restrictions.
502.    Administrative practice; Reserves and National Guardsmen.
503.    Witness fees and allowances.
504.    Costs and fees of parties.

                 SUBCHAPTER II--ADMINISTRATIVE PROCEDURE

551.    Definitions.
552.    Public information; agency rules, opinions, orders, records, and 
          proceedings.
552a.   Records maintained on individuals.
552b.   Open meetings.
553.    Rule making.
554.    Adjudications.
555.    Ancillary matters.
556.    Hearings; presiding employees; powers and duties; burden of 
          proof; evidence; record as basis of decision.
557.    Initial decisions; conclusiveness; review by agency; submissions 
          by parties; contents of decisions; record.
558.    Imposition of sanctions; determination of applications for 
          licenses; suspension, revocation, and expiration of licenses.
559.    Effect on other laws; effect of subsequent statute.

          SUBCHAPTER III--NEGOTIATED RULEMAKING PROCEDURE \1\
---------------------------------------------------------------------------

    \1\ The items relating to sections 561-596 generally were added by 
section 4 of P.L. 102-354 (106 Stat. 945). These items probably should 
not have ``Sec.'' at the beginning. The items relating to sections 569 
and 570a were added by sections 11(b)(2) and 11(d)(2), respectively, of 
P.L. 104-320 (110 Stat. 3873, 3874). These items conform with the style 
of this table of sections.
---------------------------------------------------------------------------
Sec. 561. Purpose.
Sec. 562. Definitions.
Sec. 563. Determination of need for negotiated rulemaking committee.
Sec. 564. Publication of notice; applications for membership on 
committee.\2\
---------------------------------------------------------------------------
    \2\ Does not match section catchline.
---------------------------------------------------------------------------
Sec. 565. Establishment of committee.
Sec. 566. Conduct of committee activity.
Sec. 567. Termination of committee.
Sec. 568. Services, facilities, and payment of committee member 
          expenses.
569. Encouraging negotiated rulemaking.
Sec. 570. Judicial review.
570a. Authorization of appropriations.

     SUBCHAPTER IV--ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE 
                       ADMINISTRATIVE PROCESS \1\

Sec. 571. Definitions.
Sec. 572. General authority.
Sec. 573. Neutrals.
Sec. 574. Confidentiality.
Sec. 575. Authorization of arbitration.
Sec. 576. Enforcement of arbitration agreements.
Sec. 577. Arbitrators.
Sec. 578. Authority of the arbitrator.
Sec. 579. Arbitration proceedings.
Sec. 580. Arbitration awards.
Sec. 581. Judicial review.
[Sec. 582. Repealed.]
Sec. 583. Support services.
584. Authorization of appropriations.

    SUBCHAPTER V--ADMINISTRATIVE CONFERENCE OF THE UNITED STATES \1\
---------------------------------------------------------------------------

    \1\ The items relating to sections 561-596 generally were added by 
section 4 of P.L. 102-354 (106 Stat. 945). These items probably should 
not have ``Sec.'' at the beginning. The item relating to section 584 
was added by section 10(b) of P.L. 104-320 (110 Stat. 3873). This item 
conforms with the style of this table of sections.
---------------------------------------------------------------------------
Sec. 591. Purpose.
Sec. 592. Definitions.
Sec. 593. Administrative Conference of the United States.
Sec. 594. Powers and duties of the Conference.
Sec. 595. Organization of the Conference.
Sec. 596. Authorization of appropriations.

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. 500. Administrative practice; general provisions

    (a) For the purpose of this section--
            (1) ``agency'' has the meaning given it by section 
        551 of this title; and
            (2) ``State'' means a State, a territory or 
        possession of the United States including a 
        Commonwealth, or the District of Columbia.
    (b) An individual who is a member in good standing of the 
bar of the highest court of a State may represent a person 
before an agency on filing with the agency a written 
declaration that he is currently qualified as provided by this 
subsection and is authorized to represent the particular person 
in whose behalf he acts.
    (c) An individual who is duly qualified to practice as a 
certified public accountant in a State may represent a person 
before the Internal Revenue Service of the Treasury Department 
on filing with that agency a written declaration that he is 
currently qualified as provided by this subsection and is 
authorized to represent the particular person in whose behalf 
he acts.
    (d) This section does not--
            (1) grant or deny to an individual who is not 
        qualified as provided by subsection (b) or (c) of this 
        section the right to appear for or represent a person 
        before an agency or in an agency proceeding;
            (2) authorize or limit the discipline, including 
        disbarment, of individuals who appear in a 
        representative capacity before an agency;
            (3) authorize an individual who is a former 
        employee of an agency to represent a person before an 
        agency when the representation is prohibited by statute 
        or regulation; or
            (4) prevent an agency from requiring a power of 
        attorney as a condition to the settlement of a 
        controversy involving the payment of money.
    (e) Subsections (b)-(d) of this section do not apply to 
practice before the United States Patent and Trademark Office 
with respect to patent matters that continue to be covered by 
chapter 3 (sections 31-33) of title 35.
    (f) When a participant in a matter before an agency is 
represented by an individual qualified under subsection (b) or 
(c) of this section, a notice or other written communication 
required or permitted to be given the participant in the matter 
shall be given to the representative in addition to any other 
service specifically required by statute. When a participant is 
represented by more than one such qualified representative, 
service on any one of the representatives is sufficient.

Sec. 501. Advertising practice; restrictions

    An individual, firm, or corporation practicing before an 
agency of the United States may not use the name of a Member of 
either House of Congress or of an individual in the service of 
the United States in advertising the business.

Sec. 502. Administrative practice; Reserves and National Guardsmen

    Membership in a reserve component of the armed forces or in 
the National Guard does not prevent an individual from 
practicing his civilian profession or occupation before, or in 
connection with, an agency of the United States.

Sec. 503. Witness fees and allowances

    (a) For the purpose of this section, ``agency'' has the 
meaning given it by section 5721 of this title.
    (b) A witness is entitled to the fees and allowances 
allowed by statute for witnesses in the courts of the United 
States when--
            (1) he is subpenaed under section 304(a) of this 
        title; or
            (2) he is subpenaed to and appears at a hearing 
        before an agency authorized by law to hold hearings and 
        subpena witnesses to attend the hearings.

Sec. 504. Costs and fees of parties

    (a)(1) An agency that conducts an adversary adjudication 
shall award, to a prevailing party other than the United 
States, fees and other expenses incurred by that party in 
connection with that proceeding, unless the adjudicative 
officer of the agency finds that the position of the agency was 
substantially justified or that special circumstances make an 
award unjust. Whether or not the position of the agency was 
substantially justified shall be determined on the basis of the 
administrative record, as a whole, which is made in the 
adversary adjudication for which fees and other expenses are 
sought.
    (2) A party seeking an award of fees and other expenses 
shall, within thirty days of a final disposition in the 
adversary adjudication, submit to the agency an application 
which shows that the party is a prevailing party and is 
eligible to receive an award under this section, and the amount 
sought, including an itemized statement from any attorney, 
agent, or expert witness representing or appearing in behalf of 
the party stating the actual time expended and the rate at 
which fees and other expenses were computed. The party shall 
also allege that the position of the agency was not 
substantially justified. When the United States appeals the 
underlying merits of an adversary adjudication, no decision on 
an application for fees and other expenses in connection with 
that adversary adjudication shall be made under this section 
until a final and unreviewable decision is rendered by the 
court on the appeal or until the underlying merits of the case 
have been finally determined pursuant to the appeal.
    (3) The adjudicative officer of the agency may reduce the 
amount to be awarded, or deny an award, to the extent that the 
party during the course of the proceedings engaged in conduct 
which unduly and unreasonably protracted the final resolution 
of the matter in controversy. The decision of the adjudicative 
officer of the agency under this section shall be made a part 
of the record containing the final decision of the agency and 
shall include written findings and conclusions and the reason 
or basis therefor. The decision of the agency on the 
application for fees and other expenses shall be the final 
administrative decision under this section.
    (4) If, in an adversary adjudication arising from an agency 
action to enforce a party's compliance with a statutory or 
regulatory requirement, the demand by the agency is 
substantially in excess of the decision of the adjudicative 
officer and is unreasonable when compared with such decision, 
under the facts and circumstances of the case, the adjudicative 
officer shall award to the party the fees and other expenses 
related to defending against the excessive demand, unless the 
party has committed a willful violation of law or otherwise 
acted in bad faith, or special circumstances make an award 
unjust. Fees and expenses awarded under this paragraph shall be 
paid only as a consequence of appropriations provided in 
advance.
    (b)(1) For the purposes of this section--
            (A) ``fees and other expenses'' includes the 
        reasonable expenses of expert witnesses, the reasonable 
        cost of any study, analysis, engineering report, test, 
        or project which is found by the agency to be necessary 
        for the preparation of the party's case, and reasonable 
        attorney or agent fees (The amount of fees awarded 
        under this section shall be based upon prevailing 
        market rates for the kind and quality of the services 
        furnished, except that (i) no expert witness shall be 
        compensated at a rate in excess of the highest rate of 
        compensation for expert witnesses paid by the agency 
        involved, and (ii) attorney or agent fees shall not be 
        awarded in excess of $125 per hour unless the agency 
        determines by regulation that an increase in the cost 
        of living or a special factor, such as the limited 
        availability of qualified attorneys or agents for the 
        proceedings involved, justifies a higher fee.);
            (B) ``party'' means a party, as defined in section 
        551(3) of this title, who is (i) an individual whose 
        net worth did not exceed $2,000,000 at the time the 
        adversary adjudication was initiated, or (ii) any owner 
        of an unincorporated business, or any partnership, 
        corporation, association, unit of local government, or 
        organization, the net worth of which did not exceed 
        $7,000,000 at the time the adversary adjudication was 
        initiated, and which had not more than 500 employees at 
        the time the adversary adjudication was initiated; 
        except that an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1954 (26 
        U.S.C. 501(c)(3)) exempt from taxation under section 
        501(a) of such Code, or a cooperative association as 
        defined in section 15(a) of the Agricultural Marketing 
        Act (12 U.S.C. 1141j(a)), may be a party regardless of 
        the net worth of such organization or cooperative 
        association or for purposes of subsection (a)(4), a 
        small entity as defined in section 601;
            (C) ``adversary adjudication'' means (i) an 
        adjudication under section 554 of this title in which 
        the position of the United States is represented by 
        counsel or otherwise, but excludes an adjudication for 
        the purpose of establishing or fixing a rate or for the 
        purpose of granting or renewing a license, (ii) any 
        appeal of a decision made pursuant to section 6 of the 
        Contract Disputes Act of 1978 (41 U.S.C. 605) before an 
        agency board of contract appeals as provided in section 
        8 of that Act (41 U.S.C. 607), (iii) any hearing 
        conducted under chapter 38 of title 31, and (iv) the 
        Religious Freedom Restoration Act of 1993;
            (D) ``adjudicative officer'' means the deciding 
        official, without regard to whether the official is 
        designated as an administrative law judge, a hearing 
        officer or examiner, or otherwise, who presided at the 
        adversary adjudication;
            (E) ``position of the agency'' means, in addition 
        to the position taken by the agency in the adversary 
        adjudication, the action or failure to act by the 
        agency upon which the adversary adjudication is based; 
        except that fees and other expenses may not be awarded 
        to a party for any portion of the adversary 
        adjudication in which the party has unreasonably 
        protracted the proceedings; and
            (F) ``demand'' means the express demand of the 
        agency which led to the adversary adjudication, but 
        does not include a recitation by the agency of the 
        maximum statutory penalty (i) in the administrative 
        complaint, or (ii) elsewhere when accompanied by an 
        express demand for a lesser amount.
    (2) Except as otherwise provided in paragraph (1), the 
definitions provided in section 551 of this title apply to this 
section.
    (c)(1) After consultation with the Chairman of the 
Administrative Conference of the United States, each agency 
shall by rule establish uniform procedures for the submission 
and consideration of applications for an award of fees and 
other expenses. If a court reviews the underlying decision of 
the adversary adjudication, an award for fees and other 
expenses may be made only pursuant to section 2412(d)(3) of 
title 28, United States Code.
    (2) If a party other than the United States is dissatisfied 
with a determination of fees and other expenses made under 
subsection (a), that party may, within 30 days after the 
determination is made, appeal the determination to the court of 
the United States having jurisdiction to review the merits of 
the underlying decision of the agency adversary adjudication. 
The court's determination on any appeal heard under this 
paragraph shall be based solely on the factual record made 
before the agency. The court may modify the determination of 
fees and other expenses only if the court finds that the 
failure to make an award of fees and other expenses, or the 
calculation of the amount of the award, was unsupported by 
substantial evidence.
    (d) Fees and other expenses awarded under this subsection 
shall be paid by any agency over which the party prevails from 
any funds made available to the agency by appropriation or 
otherwise.
    (e) The Chairman of the Administrative Conference of the 
United States, after consultation with the Chief Counsel for 
Advocacy of the Small Business Administration, shall report 
annually to the Congress on the amount of fees and other 
expenses awarded during the preceding fiscal year pursuant to 
this section. The report shall describe the number, nature, and 
amount of the awards, the claims involved in the controversy, 
and any other relevant information which may aid the Congress 
in evaluating the scope and impact of such awards. Each agency 
shall provide the Chairman with such information as is 
necessary for the Chairman to comply with the requirements of 
this subsection.
    (f) No award may be made under this section for costs, 
fees, or other expenses which may be awarded under section 7430 
of the Internal Revenue Code of 1986.

                SUBCHAPTER II--ADMINISTRATIVE PROCEDURE

Sec. 551. Definitions

    For the purpose of this subchapter--
            (1) ``agency'' means each authority of the 
        Government of the United States, whether or not it is 
        within or subject to review by another agency, but does 
        not include--
                    (A) the Congress;
                    (B) the courts of the United States;
                    (C) the governments of the territories or 
                possessions of the United States;
                    (D) the government of the District of 
                Columbia;
            or except as to the requirements of section 552 of 
        this title--
                    (E) agencies composed of representatives of 
                the parties or of representatives of 
                organizations of the parties to the disputes 
                determined by them;
                    (F) courts martial and military 
                commissions;
                    (G) military authority exercised in the 
                field in time of war or in occupied territory; 
                or
                    (H) functions conferred by sections 1738, 
                1739, 1743, and 1744 of title 12; chapter 2 of 
                title 41; subchapter II of chapter 471 of title 
                49; or sections 1884, 1891-1902, and former 
                section 1641(b)(2), of title 50, appendix;
            (2) ``person'' includes an individual, partnership, 
        corporation, association, or public or private 
        organization other than an agency;
            (3) ``party'' includes a person or agency named or 
        admitted as a party, or properly seeking and entitled 
        as of right to be admitted as a party, in an agency 
        proceeding, and a person or agency admitted by an 
        agency as a party for limited purposes;
            (4) ``rule'' means the whole or a part of an agency 
        statement of general or particular applicability and 
        future effect designed to implement, interpret, or 
        prescribe law or policy or describing the organization, 
        procedure, or practice requirements of an agency and 
        includes the approval or prescription for the future of 
        rates, wages, corporate or financial structures or 
        reorganizations thereof, prices, facilities, 
        appliances, services or allowances therefor or of 
        valuations, costs, or accounting, or practices bearing 
        on any of the foregoing;
            (5) ``rule making'' means agency process for 
        formulating, amending, or repealing a rule;
            (6) ``order'' means the whole or a part of a final 
        disposition, whether affirmative, negative, injunctive, 
        or declaratory in form, of an agency in a matter other 
        than rule making but including licensing;
            (7) ``adjudication'' means agency process for the 
        formulation of an order;
            (8) ``license'' includes the whole or a part of an 
        agency permit, certificate, approval, registration, 
        charter, membership, statutory exemption or other form 
        of permission;
            (9) ``licensing'' includes agency process 
        respecting the grant, renewal, denial, revocation, 
        suspension, annulment, withdrawal, limitation, 
        amendment, modification, or conditioning of a license;
            (10) ``sanction'' includes the whole or a part of 
        an agency--
                    (A) prohibition, requirement, limitation, 
                or other condition affecting the freedom of a 
                person;
                    (B) withholding of relief;
                    (C) imposition of penalty or fine;
                    (D) destruction, taking, seizure, or 
                withholding of property;
                    (E) assessment of damages, reimbursement, 
                restitution, compensation, costs, charges, or 
                fees;
                    (F) requirement, revocation, or suspension 
                of a license; or
                    (G) taking other compulsory or restrictive 
                action;
            (11) ``relief'' includes the whole or a part of an 
        agency--
                    (A) grant of money, assistance, license, 
                authority, exemption, exception, privilege, or 
                remedy;
                    (B) recognition of a claim, right, 
                immunity, privilege, exemption, or exception; 
                or
                    (C) taking of other action on the 
                application or petition of, and beneficial to, 
                a person;
            (12) ``agency proceeding'' means an agency process 
        as defined by paragraphs (5), (7), and (9) of this 
        section;
            (13) ``agency action'' includes the whole or a part 
        of an agency rule, order, license, sanction, relief, or 
        the equivalent or denial thereof, or failure to act; 
        and
            (14) ``ex parte communication'' means an oral or 
        written communication not on the public record with 
        respect to which reasonable prior notice to all parties 
        is not given, but it shall not include requests for 
        status reports on any matter or proceeding covered by 
        this subchapter.

Sec. 552. Public information; agency rules, opinions, orders, records, 
                    and proceedings

    (a) Each agency shall make available to the public 
information as follows:
    (1) Each agency shall separately state and currently 
publish in the Federal Register for the guidance of the 
public--
            (A) descriptions of its central and field 
        organization and the established places at which, the 
        employees (and in the case of a uniformed service, the 
        members) from whom, and the methods whereby, the public 
        may obtain information, make submittals or requests, or 
        obtain decisions;
            (B) statements of the general course and method by 
        which its functions are channeled and determined, 
        including the nature and requirements of all formal and 
        informal procedures available;
            (C) rules of procedure, descriptions of forms 
        available or the places at which forms may be obtained, 
        and instructions as to the scope and contents of all 
        papers, reports, or examinations;
            (D) substantive rules of general applicability 
        adopted as authorized by law, and statements of general 
        policy or interpretations of general applicability 
        formulated and adopted by the agency; and
            (E) each amendment, revision, or repeal of the 
        foregoing.
Except to the extent that a person has actual and timely notice 
of the terms thereof, a person may not in any manner be 
required to resort to, or be adversely affected by, a matter 
required to be published in the Federal Register and not so 
published. For the purpose of this paragraph, matter reasonably 
available to the class of persons affected thereby is deemed 
published in the Federal Register when incorporated by 
reference therein with the approval of the Director of the 
Federal Register.
    (2) Each agency, in accordance with published rules, shall 
make available for public inspection and copying--
            (A) final opinions, including concurring and 
        dissenting opinions, as well as orders, made in the 
        adjudication of cases;
            (B) those statements of policy and interpretations 
        which have been adopted by the agency and are not 
        published in the Federal Register;
            (C) administrative staff manuals and instructions 
        to staff that affect a member of the public;
            (D) copies of all records, regardless of form or 
        format, which have been released to any person under 
        paragraph (3) and which, because of the nature of their 
        subject matter, the agency determines have become or 
        are likely to become the subject of subsequent requests 
        for substantially the same records; and
            (E) a general index of the records referred to 
        under subparagraph (D);
unless the materials are promptly published and copies offered 
for sale. For records created on or after November 1, 1996, 
within one year after such date, each agency shall make such 
records available, including by computer telecommunications or, 
if computer telecommunications means have not been established 
by the agency, by other electronic means. To the extent 
required to prevent a clearly unwarranted invasion of personal 
privacy, an agency may delete identifying details when it makes 
available or publishes an opinion, statement of policy, 
interpretation, staff manual, instruction, or copies of records 
referred to in subparagraph (D). However, in each case the 
justification for the deletion shall be explained fully in 
writing, and the extent of such deletion shall be indicated on 
the portion of the record which is made available or published, 
unless including that indication would harm an interest 
protected by the exemption in subsection (b) under which the 
deletion is made. If technically feasible, the extent of the 
deletion shall be indicated at the place in the record where 
the deletion was made. Each agency shall also maintain and make 
available for public inspection and copying current indexes 
providing identifying information for the public as to any 
matter issued, adopted, or promulgated after July 4, 1967, and 
required by this paragraph to be made available or published. 
Each agency shall promptly publish, quarterly or more 
frequently, and distribute (by sale or otherwise) copies of 
each index or supplements thereto unless it determines by order 
published in the Federal Register that the publication would be 
unnecessary and impracticable, in which case the agency shall 
nonetheless provide copies of such index on request at a cost 
not to exceed the direct cost of duplication. Each agency shall 
make the index referred to in subparagraph (E) available by 
computer telecommunications by December 31, 1999. A final 
order, opinion, statement of policy, interpretation, or staff 
manual or instruction that affects a member of the public may 
be relied on, used, or cited as precedent by an agency against 
a party other than an agency only if--
            (i) it has been indexed and either made available 
        or published as provided by this paragraph; or
            (ii) the party has actual and timely notice of the 
        terms thereof.
    (3)(A) Except with respect to the records made available 
under paragraphs (1) and (2) of this subsection, each agency, 
upon any request for records which (i) reasonably describes 
such records and (ii) is made in accordance with published 
rules stating the time, place, fees (if any), and procedures to 
be followed, shall make the records promptly available to any 
person.
    (B) In making any record available to a person under this 
paragraph, an agency shall provide the record in any form or 
format requested by the person if the record is readily 
reproducible by the agency in that form or format. Each agency 
shall make reasonable efforts to maintain its records in forms 
or formats that are reproducible for purposes of this section.
    (C) In responding under this paragraph to a request for 
records, an agency shall make reasonable efforts to search for 
the records in electronic form or format, except when such 
efforts would significantly interfere with the operation of the 
agency's automated information system.
    (D) For purposes of this paragraph, the term ``search'' 
means to review, manually or by automated means, agency records 
for the purpose of locating those records which are responsive 
to a request.
    (4)(A)(i) In order to carry out the provisions of this 
section, each agency shall promulgate regulations, pursuant to 
notice and receipt of public comment, specifying the schedule 
of fees applicable to the processing of requests under this 
section and establishing procedures and guidelines for 
determining when such fees should be waived or reduced. Such 
schedule shall conform to the guidelines which shall be 
promulgated, pursuant to notice and receipt of public comment, 
by the Director of the Office of Management and Budget and 
which shall provide for a uniform schedule of fees for all 
agencies.
    (ii) Such agency regulations shall provide that--
            (I) fees shall be limited to reasonable standard 
        charges for document search, duplication, and review, 
        when records are requested for commercial use;
            (II) fees shall be limited to reasonable standard 
        charges for document duplication when records are not 
        sought for commercial use and the request is made by an 
        educational or noncommercial scientific institution, 
        whose purpose is scholarly or scientific research; or a 
        representative of the news media; and
            (III) for any request not described in (I) or (II), 
        fees shall be limited to reasonable standard charges 
        for document search and duplication.
    (iii) Documents shall be furnished without any charge or at 
a charge reduced below the fees established under clause (ii) 
if disclosure of the information is in the public interest 
because it is likely to contribute significantly to public 
understanding of the operations or activities of the government 
and is not primarily in the commercial interest of the 
requester.
    (iv) Fee schedules shall provide for the recovery of only 
the direct costs of search, duplication, or review. Review 
costs shall include only the direct costs incurred during the 
initial examination of a document for the purposes of 
determining whether the documents must be disclosed under this 
section and for the purposes of withholding any portions exempt 
from disclosure under this section. Review costs may not 
include any costs incurred in resolving issues of law or policy 
that may be raised in the course of processing a request under 
this section. No fee may be charged by any agency under this 
section--
            (I) if the costs of routine collection and 
        processing of the fee are likely to equal or exceed the 
        amount of the fee; or
            (II) for any request described in clause (ii) (II) 
        or (III) of this subparagraph for the first two hours 
        of search time or for the first one hundred pages of 
        duplication.
    (v) No agency may require advance payment of any fee unless 
the requester has previously failed to pay fees in a timely 
fashion, or the agency has determined that the fee will exceed 
$250.
    (vi) Nothing in this subparagraph shall supersede fees 
chargeable under a statute specifically providing for setting 
the level of fees for particular types of records.
    (vii) In any action by a requester regarding the waiver of 
fees under this section, the court shall determine the matter 
de novo: Provided, That the court's review of the matter shall 
be limited to the record before the agency.
    (B) On complaint, the district court of the United States 
in the district in which the complainant resides, or has his 
principal place of business, or in which the agency records are 
situated, or in the District of Columbia, has jurisdiction to 
enjoin the agency from withholding agency records and to order 
the production of any agency records improperly withheld from 
the complainant. In such a case the court shall determine the 
matter de novo, and may examine the contents of such agency 
records in camera to determine whether such records or any part 
thereof shall be withheld under any of the exemptions set forth 
in subsection (b) of this section, and the burden is on the 
agency to sustain its action. In addition to any other matters 
to which a court accords substantial weight, a court shall 
accord substantial weight to an affidavit of an agency 
concerning the agency's determination as to technical 
feasibility under paragraph (2)(C) and subsection (b) and 
reproducibility under paragraph (3)(B).
    (C) Notwithstanding any other provision of law, the 
defendant shall serve an answer or otherwise plead to any 
complaint made under this subsection within thirty days after 
service upon the defendant of the pleading in which such 
complaint is made, unless the court otherwise directs for good 
cause shown.
    [(D) Repealed.]
    (E) The court may assess against the United States 
reasonable attorney fees and other litigation costs reasonably 
incurred in any case under this section in which the 
complainant has substantially prevailed.
    (F) Whenever the court orders the production of any agency 
records improperly withheld from the complainant and assesses 
against the United States reasonable attorney fees and other 
litigation costs, and the court additionally issues a written 
finding that the circumstances surrounding the withholding 
raise questions whether agency personnel acted arbitrarily or 
capriciously with respect to the withholding, the Special 
Counsel shall promptly initiate a proceeding to determine 
whether disciplinary action is warranted against the officer or 
employee who was primarily responsible for the withholding. The 
Special Counsel, after investigation and consideration of the 
evidence submitted, shall submit his findings and 
recommendations to the administrative authority of the agency 
concerned and shall send copies of the findings and 
recommendations to the officer or employee or his 
representative. The administrative authority shall take the 
corrective action that the Special Counsel recommends.
    (G) In the event of noncompliance with the order of the 
court, the district court may punish for contempt the 
responsible employee, and in the case of a uniformed service, 
the responsible member.
    (5) Each agency having more than one member shall maintain 
and make available for public inspection a record of the final 
votes of each member in every agency proceeding.
    (6)(A) Each agency, upon any request for records made under 
paragraph (1), (2), or (3) of this subsection, shall--
            (i) determine within 20 days (excepting Saturdays, 
        Sundays, and legal public holidays) after the receipt 
        of any such request whether to comply with such request 
        and shall immediately notify the person making such 
        request of such determination and the reasons therefor, 
        and of the right of such person to appeal to the head 
        of the agency any adverse determination; and
            (ii) make a determination with respect to any 
        appeal within twenty days (excepting Saturdays, 
        Sundays, and legal public holidays) after the receipt 
        of such appeal. If on appeal the denial of the request 
        for records is in whole or in part upheld, the agency 
        shall notify the person making such request of the 
        provisions for judicial review of that determination 
        under paragraph (4) of this subsection.
    (B)(i) In unusual circumstances as specified in this 
subparagraph, the time limits prescribed in either clause (i) 
or clause (ii) of subparagraph (A) may be extended by written 
notice to the person making such request setting forth the 
unusual circumstances for such extension and the date on which 
a determination is expected to be dispatched. No such notice 
shall specify a date that would result in an extension for more 
than ten working days, except as provided in clause (ii) of 
this subparagraph.
    (ii) With respect to a request for which a written notice 
under clause (i) extends the time limits prescribed under 
clause (i) of subparagraph (A), the agency shall notify the 
person making the request if the request cannot be processed 
within the time limit specified in that clause and shall 
provide the person an opportunity to limit the scope of the 
request so that it may be processed within that time limit or 
an opportunity to arrange with the agency an alternative time 
frame for processing the request or a modified request. Refusal 
by the person to reasonably modify the request or arrange such 
an alternative time frame shall be considered as a factor in 
determining whether exceptional circumstances exist for 
purposes of subparagraph (C).
    (iii) As used in this subparagraph, ``unusual 
circumstances'' means, but only to the extent reasonably 
necessary to the proper processing of the particular requests--
            (I) the need to search for and collect the 
        requested records from field facilities or other 
        establishments that are separate from the office 
        processing the request;
            (II) the need to search for, collect, and 
        appropriately examine a voluminous amount of separate 
        and distinct records which are demanded in a single 
        request; or
            (III) the need for consultation, which shall be 
        conducted with all practicable speed, with another 
        agency having a substantial interest in the 
        determination of the request or among two or more 
        components of the agency having substantial subject-
        matter interest therein.
    (iv) Each agency may promulgate regulations, pursuant to 
notice and receipt of public comment, providing for the 
aggregation of certain requests by the same requestor, or by a 
group of requestors acting in concert, if the agency reasonably 
believes that such requests actually constitute a single 
request, which would otherwise satisfy the unusual 
circumstances specified in this subparagraph, and the requests 
involve clearly related matters. Multiple requests involving 
unrelated matters shall not be aggregated.
    (C)(i) Any person making a request to any agency for 
records under paragraph (1), (2), or (3) of this subsection 
shall be deemed to have exhausted his administrative remedies 
with respect to such request if the agency fails to comply with 
the applicable time limit provisions of this paragraph. If the 
Government can show exceptional circumstances exist and that 
the agency is exercising due diligence in responding to the 
request, the court may retain jurisdiction and allow the agency 
additional time to complete its review of the records. Upon any 
determination by an agency to comply with a request for 
records, the records shall be made promptly available to such 
person making such request. Any notification of denial of any 
request for records under this subsection shall set forth the 
names and titles or positions of each person responsible for 
the denial of such request.
    (ii) For purposes of this subparagraph, the term 
``exceptional circumstances'' does not include a delay that 
results from a predictable agency workload of requests under 
this section, unless the agency demonstrates reasonable 
progress in reducing its backlog of pending requests.
    (iii) Refusal by a person to reasonably modify the scope of 
a request or arrange an alternative time frame for processing a 
request (or a modified request) under clause (ii) after being 
given an opportunity to do so by the agency to whom the person 
made the request shall be considered as a factor in determining 
whether exceptional circumstances exist for purposes of this 
subparagraph.
    (D)(i) Each agency may promulgate regulations, pursuant to 
notice and receipt of public comment, providing for multitrack 
processing of requests for records based on the amount of work 
or time (or both) involved in processing requests.
    (ii) Regulations under this subparagraph may provide a 
person making a request that does not qualify for the fastest 
multitrack processing an opportunity to limit the scope of the 
request in order to qualify for faster processing.
    (iii) This subparagraph shall not be considered to affect 
the requirement under subparagraph (C) to exercise due 
diligence.
    (E)(i) Each agency shall promulgate regulations, pursuant 
to notice and receipt of public comment, providing for 
expedited processing of requests for records--
            (I) in cases in which the person requesting the 
        records demonstrates a compelling need; and
            (II) in other cases determined by the agency.
    (ii) Notwithstanding clause (i), regulations under this 
subparagraph must ensure--
            (I) that a determination of whether to provide 
        expedited processing shall be made, and notice of the 
        determination shall be provided to the person making 
        the request, within 10 days after the date of the 
        request; and
            (II) expeditious consideration of administrative 
        appeals of such determinations of whether to provide 
        expedited processing.
    (iii) An agency shall process as soon as practicable any 
request for records to which the agency has granted expedited 
processing under this subparagraph. Agency action to deny or 
affirm denial of a request for expedited processing pursuant to 
this subparagraph, and failure by an agency to respond in a 
timely manner to such a request shall be subject to judicial 
review under paragraph (4), except that the judicial review 
shall be based on the record before the agency at the time of 
the determination.
    (iv) A district court of the United States shall not have 
jurisdiction to review an agency denial of expedited processing 
of a request for records after the agency has provided a 
complete response to the request.
    (v) For purposes of this subparagraph, the term 
``compelling need'' means--
            (I) that a failure to obtain requested records on 
        an expedited basis under this paragraph could 
        reasonably be expected to pose an imminent threat to 
        the life or physical safety of an individual; or
            (II) with respect to a request made by a person 
        primarily engaged in disseminating information, urgency 
        to inform the public concerning actual or alleged 
        Federal Government activity.
    (vi) A demonstration of a compelling need by a person 
making a request for expedited processing shall be made by a 
statement certified by such person to be true and correct to 
the best of such person's knowledge and belief.
    (F) In denying a request for records, in whole or in part, 
an agency shall make a reasonable effort to estimate the volume 
of any requested matter the provision of which is denied, and 
shall provide any such estimate to the person making the 
request, unless providing such estimate would harm an interest 
protected by the exemption in subsection (b) pursuant to which 
the denial is made.
    (b) This section does not apply to matters that are--
            (1)(A) specifically authorized under criteria 
        established by an Executive order to be kept secret in 
        the interest of national defense or foreign policy and 
        (B) are in fact properly classified pursuant to such 
        Executive order;
            (2) related solely to the internal personnel rules 
        and practices of an agency;
            (3) specifically exempted from disclosure by 
        statute (other than section 552b of this title), 
        provided that such statute (A) requires that the 
        matters be withheld from the public in such a manner as 
        to leave no discretion on the issue, or (B) establishes 
        particular criteria for withholding or refers to 
        particular types of matters to be withheld;
            (4) trade secrets and commercial or financial 
        information obtained from a person and privileged or 
        confidential;
            (5) inter-agency or intra-agency memorandums or 
        letters which would not be available by law to a party 
        other than an agency in litigation with the agency;
            (6) personnel and medical files and similar files 
        the disclosure of which would constitute a clearly 
        unwarranted invasion of personal privacy;
            (7) records or information compiled for law 
        enforcement purposes, but only to the extent that the 
        production of such law enforcement records or 
        information (A) could reasonably be expected to 
        interfere with enforcement proceedings, (B) would 
        deprive a person of a right to a fair trial or an 
        impartial adjudication, (C) could reasonably be 
        expected to constitute an unwarranted invasion of 
        personal privacy, (D) could reasonably be expected to 
        disclose the identity of a confidential source, 
        including a State, local, or foreign agency or 
        authority or any private institution which furnished 
        information on a confidential basis, and, in the case 
        of a record or information compiled by criminal law 
        enforcement authority in the course of a criminal 
        investigation or by an agency conducting a lawful 
        national security intelligence investigation, 
        information furnished by a confidential source, (E) 
        would disclose techniques and procedures for law 
        enforcement investigations or prosecutions, or would 
        disclose guidelines for law enforcement investigations 
        or prosecutions if such disclosure could reasonably be 
        expected to risk circumvention of the law, or (F) could 
        reasonably be expected to endanger the life or physical 
        safety of any individual;
            (8) contained in or related to examination, 
        operating, or condition reports prepared by, on behalf 
        of, or for the use of an agency responsible for the 
        regulation or supervision of financial institutions; or
            (9) geological and geophysical information and 
        data, including maps, concerning wells.
Any reasonably segregable portion of a record shall be provided 
to any person requesting such record after deletion of the 
portions which are exempt under this subsection. The amount of 
information deleted shall be indicated on the released portion 
of the record, unless including that indication would harm an 
interest protected by the exemption in this subsection under 
which the deletion is made. If technically feasible, the amount 
of the information deleted shall be indicated at the place in 
the record where such deletion is made.
    (c)(1) Whenever a request is made which involves access to 
records described in subsection (b)(7)(A) and--
            (A) the investigation or proceeding involves a 
        possible violation of criminal law; and
            (B) there is reason to believe that (i) the subject 
        of the investigation or proceeding is not aware of its 
        pendency, and (ii) disclosure of the existence of the 
        records could reasonably be expected to interfere with 
        enforcement proceedings,
the agency may, during only such time as that circumstance 
continues, treat the records as not subject to the requirements 
of this section.
    (2) Whenever informant records maintained by a criminal law 
enforcement agency under an informant's name or personal 
identifier are requested by a third party according to the 
informant's name or personal identifier, the agency may treat 
the records as not subject to the requirements of this section 
unless the informant's status as an informant has been 
officially confirmed.
    (3) Whenever a request is made which involves access to 
records maintained by the Federal Bureau of Investigation 
pertaining to foreign intelligence or counterintelligence, or 
international terrorism, and the existence of the records is 
classified information as provided in subsection (b)(1), the 
Bureau may, as long as the existence of the records remains 
classified information, treat the records as not subject to the 
requirements of this section.
    (d) This section does not authorize withholding of 
information or limit the availability of records to the public, 
except as specifically stated in this section. This section is 
not authority to withhold information from Congress.
    (e)(1) On or before February 1 of each year, each agency 
shall submit to the Attorney General of the United States a 
report which shall cover the preceding fiscal year and which 
shall include--
            (A) the number of determinations made by the agency 
        not to comply with requests for records made to such 
        agency under subsection (a) and the reasons for each 
        such determination;
            (B)(i) the number of appeals made by persons under 
        subsection (a)(6), the result of such appeals, and the 
        reason for the action upon each appeal that results in 
        a denial of information; and
            (ii) a complete list of all statutes that the 
        agency relies upon to authorize the agency to withhold 
        information under subsection (b)(3), a description of 
        whether a court has upheld the decision of the agency 
        to withhold information under each such statute, and a 
        concise description of the scope of any information 
        withheld;
            (C) the number of requests for records pending 
        before the agency as of September 30 of the preceding 
        year, and the median number of days that such requests 
        had been pending before the agency as of that date;
            (D) the number of requests for records received by 
        the agency and the number of requests which the agency 
        processed;
            (E) the median number of days taken by the agency 
        to process different types of requests;
            (F) the total amount of fees collected by the 
        agency for processing requests; and
            (G) the number of full-time staff of the agency 
        devoted to processing requests for records under this 
        section, and the total amount expended by the agency 
        for processing such requests.
    (2) Each agency shall make each such report available to 
the public including by computer telecommunications, or if 
computer telecommunications means have not been established by 
the agency, by other electronic means.
    (3) The Attorney General of the United States shall make 
each report which has been made available by electronic means 
available at a single electronic access point. The Attorney 
General of the United States shall notify the Chairman and 
ranking minority member of the Committee on Government Reform 
and Oversight of the House of Representatives and the Chairman 
and ranking minority member of the Committees on Governmental 
Affairs and the Judiciary of the Senate, no later than April 1 
of the year in which each such report is issued, that such 
reports are available by electronic means.
    (4) The Attorney General of the United States, in 
consultation with the Director of the Office of Management and 
Budget, shall develop reporting and performance guidelines in 
connection with reports required by this subsection by October 
1, 1997, and may establish additional requirements for such 
reports as the Attorney General determines may be useful.
    (5) The Attorney General of the United States shall submit 
an annual report on or before April 1 of each calendar year 
which shall include for the prior calendar year a listing of 
the number of cases arising under this section, the exemption 
involved in each case, the disposition of such case, and the 
cost, fees, and penalties assessed under subparagraphs (E), 
(F), and (G) of subsection (a)(4). Such report shall also 
include a description of the efforts undertaken by the 
Department of Justice to encourage agency compliance with this 
section.
    (f) For purposes of this section, the term--
            (1) ``agency'' as defined in section 551(1) of this 
        title includes any executive department, military 
        department, Government corporation, Government 
        controlled corporation, or other establishment in the 
        executive branch of the Government (including the 
        Executive Office of the President), or any independent 
        regulatory agency; and
            (2) ``record'' and any other term used in this 
        section in reference to information includes any 
        information that would be an agency record subject to 
        the requirements of this section when maintained by an 
        agency in any format, including an electronic format.
    (g) The head of each agency shall prepare and make publicly 
available upon request, reference material or a guide for 
requesting records or information from the agency, subject to 
the exemptions in subsection (b), including--
            (1) an index of all major information systems of 
        the agency;
            (2) a description of major information and record 
        locator systems maintained by the agency; and
            (3) a handbook for obtaining various types and 
        categories of public information from the agency 
        pursuant to chapter 35 of title 44, and under this 
        section.

Sec. 552a. Records maintained on individuals

    (a) Definitions.--For purposes of this section--
            (1) the term ``agency'' means agency as defined in 
        section 552(e) \1\ of this title;
---------------------------------------------------------------------------
    \1\ Reference probably should be to ``552(f)''. Section 1802(b) of 
P.L. 99-570 (100 Stat. 3207-49) redesignated subsection (e) of section 
552 as (f).
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            (2) the term ``individual'' means a citizen of the 
        United States or an alien lawfully admitted for 
        permanent residence;
            (3) the term ``maintain'' includes maintain, 
        collect, use, or disseminate;
            (4) the term ``record'' means any item, collection, 
        or grouping of information about an individual that is 
        maintained by an agency, including, but not limited to, 
        his education, financial transactions, medical history, 
        and criminal or employment history and that contains 
        his name, or the identifying number, symbol, or other 
        identifying particular assigned to the individual, such 
        as a finger or voice print or a photograph;
            (5) the term ``system of records'' means a group of 
        any records under the control of any agency from which 
        information is retrieved by the name of the individual 
        or by some identifying number, symbol, or other 
        identifying particular assigned to the individual;
            (6) the term ``statistical record'' means a record 
        in a system of records maintained for statistical 
        research or reporting purposes only and not used in 
        whole or in part in making any determination about an 
        identifiable individual, except as provided by section 
        8 of title 13;
            (7) the term ``routine use'' means, with respect to 
        the disclosure of a record, the use of such record for 
        a purpose which is compatible with the purpose for 
        which it was collected;
            (8) the term ``matching program''--
                    (A) means any computerized comparison of--
                            (i) two or more automated systems 
                        of records or a system of records with 
                        non-Federal records for the purpose 
                        of--
                                    (I) establishing or 
                                verifying the eligibility of, 
                                or continuing compliance with 
                                statutory and regulatory 
                                requirements by, applicants 
                                for, recipients or 
                                beneficiaries of, participants 
                                in, or providers of services 
                                with respect to, cash or in-
                                kind assistance or payments 
                                under Federal benefit programs, 
                                or
                                    (II) recouping payments or 
                                delinquent debts under such 
                                Federal benefit programs, or
                            (ii) two or more automated Federal 
                        personnel or payroll systems of records 
                        or a system of Federal personnel or 
                        payroll records with non-Federal 
                        records,
                    (B) but does not include--
                            (i) matches performed to produce 
                        aggregate statistical data without any 
                        personal identifiers;
                            (ii) matches performed to support 
                        any research or statistical project, 
                        the specific data of which may not be 
                        used to make decisions concerning the 
                        rights, benefits, or privileges of 
                        specific individuals;
                            (iii) matches performed, by an 
                        agency (or component thereof) which 
                        performs as its principal function any 
                        activity pertaining to the enforcement 
                        of criminal laws, subsequent to the 
                        initiation of a specific criminal or 
                        civil law enforcement investigation of 
                        a named person or persons for the 
                        purpose of gathering evidence against 
                        such person or persons;
                            (iv) matches of tax information (I) 
                        pursuant to section 6103(d) of the 
                        Internal Revenue Code of 1986, (II) for 
                        purposes of tax administration as 
                        defined in section 6103(b)(4) of such 
                        Code, (III) for the purpose of 
                        intercepting a tax refund due an 
                        individual under authority granted by 
                        section 404(e), 464, or 1137 of the 
                        Social Security Act; or (IV) for the 
                        purpose of intercepting a tax refund 
                        due an individual under any other tax 
                        refund intercept program authorized by 
                        statute which has been determined by 
                        the Director of the Office of 
                        Management and Budget to contain 
                        verification, notice, and hearing 
                        requirements that are substantially 
                        similar to the procedures in section 
                        1137 of the Social Security Act;
                            (v) matches--
                                    (I) using records 
                                predominantly relating to 
                                Federal personnel, that are 
                                performed for routine 
                                administrative purposes 
                                (subject to guidance provided 
                                by the Director of the Office 
                                of Management and Budget 
                                pursuant to subsection (v)); or
                                    (II) conducted by an agency 
                                using only records from systems 
                                of records maintained by that 
                                agency;
                        if the purpose of the match is not to 
                        take any adverse financial, personnel, 
                        disciplinary, or other adverse action 
                        against Federal personnel;
                            (vi) matches performed for foreign 
                        counterintelligence purposes or to 
                        produce background checks for security 
                        clearances of Federal personnel or 
                        Federal contractor personnel;
                            (vii) matches performed incident to 
                        a levy described in section 6103(k)(8) 
                        of the Internal Revenue Code of 1986; 
                        or
                            (viii) matches performed pursuant 
                        to section 202(x)(3) or 1611(e)(1) of 
                        the Social Security Act (42 U.S.C. 
                        402(x)(3), 1382(e)(1));
            (9) the term ``recipient agency'' means any agency, 
        or contractor thereof, receiving records contained in a 
        system of records from a source agency for use in a 
        matching program;
            (10) the term ``non-Federal agency'' means any 
        State or local government, or agency thereof, which 
        receives records contained in a system of records from 
        a source agency for use in a matching program;
            (11) the term ``source agency'' means any agency 
        which discloses records contained in a system of 
        records to be used in a matching program, or any State 
        or local government, or agency thereof, which discloses 
        records to be used in a matching program;
            (12) the term ``Federal benefit program'' means any 
        program administered or funded by the Federal 
        Government, or by any agent or State on behalf of the 
        Federal Government, providing cash or in-kind 
        assistance in the form of payments, grants, loans, or 
        loan guarantees to individuals; and
            (13) the term ``Federal personnel'' means officers 
        and employees of the Government of the United States, 
        members of the uniformed services (including members of 
        the Reserve Components), individuals entitled to 
        receive immediate or deferred retirement benefits under 
        any retirement program of the Government of the United 
        States (including survivor benefits).
    (b) Conditions of Disclosure.--No agency shall disclose any 
record which is contained in a system of records by any means 
of communication to any person, or to another agency, except 
pursuant to a written request by, or with the prior written 
consent of, the individual to whom the record pertains, unless 
disclosure of the record would be--
            (1) to those officers and employees of the agency 
        which maintains the record who have a need for the 
        record in the performance of their duties;
            (2) required under section 552 of this title;
            (3) for a routine use as defined in subsection 
        (a)(7) of this section and described under subsection 
        (e)(4)(D) of this section;
            (4) to the Bureau of the Census for purposes of 
        planning or carrying out a census or survey or related 
        activity pursuant to the provisions of title 13;
            (5) to a recipient who has provided the agency with 
        advance adequate written assurance that the record will 
        be used solely as a statistical research or reporting 
        record, and the record is to be transferred in a form 
        that is not individually identifiable;
            (6) to the National Archives and Records 
        Administration as a record which has sufficient 
        historical or other value to warrant its continued 
        preservation by the United States Government, or for 
        evaluation by the Archivist of the United States or the 
        designee of the Archivist to determine whether the 
        record has such value;
            (7) to another agency or to an instrumentality of 
        any governmental jurisdiction within or under the 
        control of the United States for a civil or criminal 
        law enforcement activity if the activity is authorized 
        by law, and if the head of the agency or 
        instrumentality has made a written request to the 
        agency which maintains the record specifying the 
        particular portion desired and the law enforcement 
        activity for which the record is sought;
            (8) to a person pursuant to a showing of compelling 
        circumstances affecting the health or safety of an 
        individual if upon such disclosure notification is 
        transmitted to the last known address of such 
        individual;
            (9) to either House of Congress, or, to the extent 
        of matter within its jurisdiction, any committee or 
        subcommittee thereof, \1\ any joint committee of 
        Congress or subcommittee of any such joint committee;
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    \1\ So in law; ``thereof,'' should probably be ``thereof or''.
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            (10) to the Comptroller General, or any of his 
        authorized representatives, in the course of the 
        performance of the duties of the General Accounting 
        Office;
            (11) pursuant to the order of a court of competent 
        jurisdiction; and \2\
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    \2\ So in law. Probably should be ``; or''.
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            (12) to a consumer reporting agency in accordance 
        with section 3711(e) of title 31.
    (c) Accounting of Certain Disclosures.--Each agency, with 
respect to each system of records under its control shall--
            (1) except for disclosures made under subsections 
        (b)(1) or (b)(2) of this section, keep an accurate 
        accounting of--
                    (A) the date, nature, and purpose of each 
                disclosure of a record to any person or to 
                another agency made under subsection (b) of 
                this section; and
                    (B) the name and address of the person or 
                agency to whom the disclosure is made;
            (2) retain the accounting made under paragraph (1) 
        of this subsection for at least five years or the life 
        of the record, whichever is longer, after the 
        disclosure for which the accounting is made;
            (3) except for disclosures made under subsection 
        (b)(7) of this section, make the accounting made under 
        paragraph (1) of this subsection available to the 
        individual named in the record at his request; and
            (4) inform any person or other agency about any 
        correction or notation of dispute made by the agency in 
        accordance with subsection (d) of this section of any 
        record that has been disclosed to the person or agency 
        if an accounting of the disclosure was made.
    (d) Access to Records.--Each agency that maintains a system 
of records shall--
            (1) upon request by any individual to gain access 
        to his record or to any information pertaining to him 
        which is contained in the system, permit him and upon 
        his request, a person of his own choosing to accompany 
        him, to review the record and have a copy made of all 
        or any portion thereof in a form comprehensible to him, 
        except that the agency may require the individual to 
        furnish a written statement authorizing discussion of 
        that individual's record in the accompanying person's 
        presence;
            (2) permit the individual to request amendment of a 
        record pertaining to him and--
                    (A) not later than 10 days (excluding 
                Saturdays, Sundays, and legal public holidays) 
                after the date of receipt of such request, 
                acknowledge in writing such receipt; and
                    (B) promptly, either--
                            (i) make any correction of any 
                        portion thereof which the individual 
                        believes is not accurate, relevant, 
                        timely, or complete; or
                            (ii) inform the individual of its 
                        refusal to amend the record in 
                        accordance with his request, the reason 
                        for the refusal, the procedures 
                        established by the agency for the 
                        individual to request a review of that 
                        refusal by the head of the agency or an 
                        officer designated by the head of the 
                        agency, and the name and business 
                        address of that official;
            (3) permit the individual who disagrees with the 
        refusal of the agency to amend his record to request a 
        review of such refusal, and not later than 30 days 
        (excluding Saturdays, Sundays, and legal public 
        holidays) from the date on which the individual 
        requests such review, complete such review and make a 
        final determination unless, for good cause shown, the 
        head of the agency extends such 30-day period; and if, 
        after his review, the reviewing official also refuses 
        to amend the record in accordance with the request, 
        permit the individual to file with the agency a concise 
        statement setting forth the reasons for his 
        disagreement with the refusal of the agency, and notify 
        the individual of the provisions for judicial review of 
        the reviewing official's determination under subsection 
        (g)(1)(A) of this section;
            (4) in any disclosure, containing information about 
        which the individual has filed a statement of 
        disagreement, occurring after the filing of the 
        statement under paragraph (3) of this subsection, 
        clearly note any portion of the record which is 
        disputed and provide copies of the statement and, if 
        the agency deems it appropriate, copies of a concise 
        statement of the reasons of the agency for not making 
        the amendments requested, to persons or other agencies 
        to whom the disputed record has been disclosed; and
            (5) nothing in this section shall allow an 
        individual access to any information compiled in 
        reasonable anticipation of a civil action or 
        proceeding. \1\
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    \1\ So in law. Paragraph (5) should probably be a separate 
sentence.
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    (e) Agency Requirements.--Each agency that maintains a 
system of records shall--
            (1) maintain in its records only such information 
        about an individual as is relevant and necessary to 
        accomplish a purpose of the agency required to be 
        accomplished by statute or by executive order of the 
        President;
            (2) collect information to the greatest extent 
        practicable directly from the subject individual when 
        the information may result in adverse determinations 
        about an individual's rights, benefits, and privileges 
        under Federal programs;
            (3) inform each individual whom it asks to supply 
        information, on the form which it uses to collect the 
        information or on a separate form that can be retained 
        by the individual--
                    (A) the authority (whether granted by 
                statute, or by executive order of the 
                President) which authorizes the solicitation of 
                the information and whether disclosure of such 
                information is mandatory or voluntary;
                    (B) the principal purpose or purposes for 
                which the information is intended to be used;
                    (C) the routine uses which may be made of 
                the information, as published pursuant to 
                paragraph (4)(D) of this subsection; and
                    (D) the effects on him, if any, of not 
                providing all or any part of the requested 
                information;
            (4) subject to the provisions of paragraph (11) of 
        this subsection, publish in the Federal Register upon 
        establishment or revision a notice of the existence and 
        character of the system of records, which notice shall 
        include--
                    (A) the name and location of the system;
                    (B) the categories of individuals on whom 
                records are maintained in the system;
                    (C) the categories of records maintained in 
                the system;
                    (D) each routine use of the records 
                contained in the system, including the 
                categories of users and the purpose of such 
                use;
                    (E) the policies and practices of the 
                agency regarding storage, retrievability, 
                access controls, retention, and disposal of the 
                records;
                    (F) the title and business address of the 
                agency official who is responsible for the 
                system of records;
                    (G) the agency procedures whereby an 
                individual can be notified at his request if 
                the system of records contains a record 
                pertaining to him;
                    (H) the agency procedures whereby an 
                individual can be notified at his request how 
                he can gain access to any record pertaining to 
                him contained in the system of records, and how 
                he can contest its content; and
                    (I) the categories of sources of records in 
                the system;
            (5) maintain all records which are used by the 
        agency in making any determination about any individual 
        with such accuracy, relevance, timeliness, and 
        completeness as is reasonably necessary to assure 
        fairness to the individual in the determination;
            (6) prior to disseminating any record about an 
        individual to any person other than an agency, unless 
        the dissemination is made pursuant to subsection (b)(2) 
        of this section, make reasonable efforts to assure that 
        such records are accurate, complete, timely, and 
        relevant for agency purposes;
            (7) maintain no record describing how any 
        individual exercises rights guaranteed by the First 
        Amendment unless expressly authorized by statute or by 
        the individual about whom the record is maintained or 
        unless pertinent to and within the scope of an 
        authorized law enforcement activity;
            (8) make reasonable efforts to serve notice on an 
        individual when any record on such individual is made 
        available to any person under compulsory legal process 
        when such process becomes a matter of public record;
            (9) establish rules of conduct for persons involved 
        in the design, development, operation, or maintenance 
        of any system of records, or in maintaining any record, 
        and instruct each such person with respect to such 
        rules and the requirements of this section, including 
        any other rules and procedures adopted pursuant to this 
        section and the penalties for noncompliance;
            (10) establish appropriate administrative, 
        technical, and physical safeguards to insure the 
        security and confidentiality of records and to protect 
        against any anticipated threats or hazards to their 
        security or integrity which could result in substantial 
        harm, embarrassment, inconvenience, or unfairness to 
        any individual on whom information is maintained;
            (11) at least 30 days prior to publication of 
        information under paragraph (4)(D) of this subsection, 
        publish in the Federal Register notice of any new use 
        or intended use of the information in the system, and 
        provide an opportunity for interested persons to submit 
        written data, views, or arguments to the agency; and
            (12) if such agency is a recipient agency or a 
        source agency in a matching program with a non-Federal 
        agency, with respect to any establishment or revision 
        of a matching program, at least 30 days prior to 
        conducting such program, publish in the Federal 
        Register notice of such establishment or revision.
    (f) Agency Rules.--In order to carry out the provisions of 
this section, each agency that maintains a system of records 
shall promulgate rules, in accordance with the requirements 
(including general notice) of section 553 of this title, which 
shall--
            (1) establish procedures whereby an individual can 
        be notified in response to his request if any system of 
        records named by the individual contains a record 
        pertaining to him;
            (2) define reasonable times, places, and 
        requirements for identifying an individual who requests 
        his record or information pertaining to him before the 
        agency shall make the record or information available 
        to the individual;
            (3) establish procedures for the disclosure to an 
        individual upon his request of his record or 
        information pertaining to him, including special 
        procedure, if deemed necessary, for the disclosure to 
        an individual of medical records, including 
        psychological records pertaining to him;
            (4) establish procedures for reviewing a request 
        from an individual concerning the amendment of any 
        record or information pertaining to the individual, for 
        making a determination on the request, for an appeal 
        within the agency of an initial adverse agency 
        determination, and for whatever additional means may be 
        necessary for each individual to be able to exercise 
        fully his rights under this section; and
            (5) establish fees to be charged, if any, to any 
        individual for making copies of his record, excluding 
        the cost of any search for and review of the record.
The Office of the Federal Register shall biennially compile and 
publish the rules promulgated under this subsection and agency 
notices published under subsection (e)(4) of this section in a 
form available to the public at low cost.
    (g)(1) Civil Remedies.--Whenever any agency--
            (A) makes a determination under subsection (d)(3) 
        of this section not to amend an individual's record in 
        accordance with his request, or fails to make such 
        review in conformity with that subsection;
            (B) refuses to comply with an individual request 
        under subsection (d)(1) of this section;
            (C) fails to maintain any record concerning any 
        individual with such accuracy, relevance, timeliness, 
        and completeness as is necessary to assure fairness in 
        any determination relating to the qualifications, 
        character, rights, or opportunities of, or benefits to 
        the individual that may be made on the basis of such 
        record, and consequently a determination is made which 
        is adverse to the individual; or
            (D) fails to comply with any other provision of 
        this section, or any rule promulgated thereunder, in 
        such a way as to have an adverse effect on an 
        individual,
the individual may bring a civil action against the agency, and 
the district courts of the United States shall have 
jurisdiction in the matters under the provisions of this 
subsection.
    (2)(A) In any suit brought under the provisions of 
subsection (g)(1)(A) of this section, the court may order the 
agency to amend the individual's record in accordance with his 
request or in such other way as the court may direct. In such a 
case the court shall determine the matter de novo.
    (B) The court may assess against the United States 
reasonable attorney fees and other litigation costs reasonably 
incurred in any case under this paragraph in which the 
complainant has substantially prevailed.
    (3)(A) In any suit brought under the provisions of 
subsection (g)(1)(B) of this section, the court may enjoin the 
agency from withholding the records and order the production to 
the complainant of any agency records improperly withheld from 
him. In such a case the court shall determine the matter de 
novo, and may examine the contents of any agency records in 
camera to determine whether the records or any portion thereof 
may be withheld under any of the exemptions set forth in 
subsection (k) of this section, and the burden is on the agency 
to sustain its action.
    (B) The court may assess against the United States 
reasonable attorney fees and other litigation costs reasonably 
incurred in any case under this paragraph in which the 
complainant has substantially prevailed.
    (4) In any suit brought under the provisions of subsection 
(g)(1)(C) or (D) of this section in which the court determines 
that the agency acted in a manner which was intentional or 
willful, the United States shall be liable to the individual in 
an amount equal to the sum of--
            (A) actual damages sustained by the individual as a 
        result of the refusal or failure, but in no case shall 
        a person entitled to recovery receive less than the sum 
        of $1,000; and
            (B) the costs of the action together with 
        reasonable attorney fees as determined by the court.
    (5) An action to enforce any liability created under this 
section may be brought in the district court of the United 
States in the district in which the complainant resides, or has 
his principal place of business, or in which the agency records 
are situated, or in the District of Columbia, without regard to 
the amount in controversy, within two years from the date on 
which the cause of action arises, except that where an agency 
has materially and willfully misrepresented any information 
required under this section to be disclosed to an individual 
and the information so misrepresented is material to 
establishment of the liability of the agency to the individual 
under this section, the action may be brought at any time 
within two years after discovery by the individual of the 
misrepresentation. Nothing in this section shall be construed 
to authorize any civil action by reason of any injury sustained 
as the result of a disclosure of a record prior to September 
27, 1975.
    (h) Rights of Legal Guardians.--For the purposes of this 
section, the parent of any minor, or the legal guardian of any 
individual who has been declared to be incompetent due to 
physical or mental incapacity or age by a court of competent 
jurisdiction, may act on behalf of the individual.
    (i)(1) Criminal Penalties.--Any officer or employee of an 
agency, who by virtue of his employment or official position, 
has possession of, or access to, agency records which contain 
individually identifiable information the disclosure of which 
is prohibited by this section or by rules or regulations 
established thereunder, and who knowing that disclosure of the 
specific material is so prohibited, willfully discloses the 
material in any manner to any person or agency not entitled to 
receive it, shall be guilty of a misdemeanor and fined not more 
than $5,000.
    (2) Any officer or employee of any agency who willfully 
maintains a system of records without meeting the notice 
requirements of subsection (e)(4) of this section shall be 
guilty of a misdemeanor and fined not more than $5,000.
    (3) Any person who knowingly and willfully requests or 
obtains any record concerning an individual from an agency 
under false pretenses shall be guilty of a misdemeanor and 
fined not more than $5,000.
    (j) General Exemptions.--The head of any agency may 
promulgate rules, in accordance with the requirements 
(including general notice) of sections 553(b)(1), (2), and (3), 
(c), and (e) of this title, to exempt any system of records 
within the agency from any part of this section except 
subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), 
(7), (9), (10), and (11), and (i) if the system of records is--
            (1) maintained by the Central Intelligence Agency; 
        or
            (2) maintained by an agency or component thereof 
        which performs as its principal function any activity 
        pertaining to the enforcement of criminal laws, 
        including police efforts to prevent, control, or reduce 
        crime or to apprehend criminals, and the activities of 
        prosecutors, courts, correctional, probation, pardon, 
        or parole authorities, and which consists of (A) 
        information compiled for the purpose of identifying 
        individual criminal offenders and alleged offenders and 
        consisting only of identifying data and notations of 
        arrests, the nature and disposition of criminal 
        charges, sentencing, confinement, release, and parole 
        and probation status; (B) information compiled for the 
        purpose of a criminal investigation, including reports 
        of informants and investigators, and associated with an 
        identifiable individual; or (C) reports identifiable to 
        an individual compiled at any stage of the process of 
        enforcement of the criminal laws from arrest or 
        indictment through release from supervision.
At the time rules are adopted under this subsection, the agency 
shall include in the statement required under section 553(c) of 
this title, the reasons why the system of records is to be 
exempted from a provision of this section.
    (k) Specific Exemptions.--The head of any agency may 
promulgate rules, in accordance with the requirements 
(including general notice) of sections 553(b)(1), (2), and (3), 
(c), and (e) of this title, to exempt any system of records 
within the agency from subsections (c)(3), (d), (e)(1), 
(e)(4)(G), (H), and (I) and (f) of this section if the system 
of records is--
            (1) subject to the provisions of section 552(b)(1) 
        of this title;
            (2) investigatory material compiled for law 
        enforcement purposes, other than material within the 
        scope of subsection (j)(2) of this section: Provided, 
        however, That if any individual is denied any right, 
        privilege, or benefit that he would otherwise be 
        entitled by Federal law, or for which he would 
        otherwise be eligible, as a result of the maintenance 
        of such material, such material shall be provided to 
        such individual, except to the extent that the 
        disclosure of such material would reveal the identity 
        of a source who furnished information to the Government 
        under an express promise that the identity of the 
        source would be held in confidence, or, prior to the 
        effective date of this section, under an implied 
        promise that the identity of the source would be held 
        in confidence;
            (3) maintained in connection with providing 
        protective services to the President of the United 
        States or other individuals pursuant to section 3056 of 
        title 18;
            (4) required by statute to be maintained and used 
        solely as statistical records;
            (5) investigatory material compiled solely for the 
        purpose of determining suitability, eligibility, or 
        qualifications for Federal civilian employment, 
        military service, Federal contracts, or access to 
        classified information, but only to the extent that the 
        disclosure of such material would reveal the identity 
        of a source who furnished information to the Government 
        under an express promise that the identity of the 
        source would be held in confidence, or, prior to the 
        effective date of this section, under an implied 
        promise that the identity of the source would be held 
        in confidence;
            (6) testing or examination material used solely to 
        determine individual qualifications for appointment or 
        promotion in the Federal service the disclosure of 
        which would compromise the objectivity or fairness of 
        the testing or examination process; or
            (7) evaluation material used to determine potential 
        for promotion in the armed services, but only to the 
        extent that the disclosure of such material would 
        reveal the identity of a source who furnished 
        information to the Government under an express promise 
        that the identity of the source would be held in 
        confidence, or, prior to the effective date of this 
        section, under an implied promise that the identity of 
        the source would be held in confidence.
At the time rules are adopted under this subsection, the agency 
shall include in the statement required under section 553(c) of 
this title, the reasons why the system of records is to be 
exempted from a provision of this section.
    (l)(1) Archival Records.--Each agency record which is 
accepted by the Archivist of the United States for storage, 
processing, and servicing in accordance with section 3103 of 
title 44 shall, for the purposes of this section, be considered 
to be maintained by the agency which deposited the record and 
shall be subject to the provisions of this section. The 
Archivist of the United States shall not disclose the record 
except to the agency which maintains the record, or under rules 
established by that agency which are not inconsistent with the 
provisions of this section.
    (2) Each agency record pertaining to an identifiable 
individual which was transferred to the National Archives of 
the United States as a record which has sufficient historical 
or other value to warrant its continued preservation by the 
United States Government, prior to the effective date of this 
section, shall, for the purposes of this section, be considered 
to be maintained by the National Archives and shall not be 
subject to the provisions of this section, except that a 
statement generally describing such records (modeled after the 
requirements relating to records subject to subsections 
(e)(4)(A) through (G) of this section) shall be published in 
the Federal Register.
    (3) Each agency record pertaining to an identifiable 
individual which is transferred to the National Archives of the 
United States as a record which has sufficient historical or 
other value to warrant its continued preservation by the United 
States Government, on or after the effective date of this 
section, shall, for the purposes of this section, be considered 
to be maintained by the National Archives and shall be exempt 
from the requirements of this section except subsections 
(e)(4)(A) through (G) and (e)(9) of this section.
    (m) Government Contractors.--(1) When an agency provides by 
a contract for the operation by or on behalf of the agency of a 
system of records to accomplish an agency function, the agency 
shall, consistent with its authority, cause the requirements of 
this section to be applied to such system. For purposes of 
subsection (i) of this section any such contractor and any 
employee of such contractor, if such contract is agreed to on 
or after the effective date of this section, shall be 
considered to be an employee of an agency.
    (2) A consumer reporting agency to which a record is 
disclosed under section 3711(e) of title 31 shall not be 
considered a contractor for the purposes of this section.
    (n) Mailing Lists.--An individual's name and address may 
not be sold or rented by an agency unless such action is 
specifically authorized by law. This provision shall not be 
construed to require the withholding of names and addresses 
otherwise permitted to be made public.
    (o) Matching Agreements.--(1) No record which is contained 
in a system of records may be disclosed to a recipient agency 
or non-Federal agency for use in a computer matching program 
except pursuant to a written agreement between the source 
agency and the recipient agency or non-Federal agency 
specifying--
            (A) the purpose and legal authority for conducting 
        the program;
            (B) the justification for the program and the 
        anticipated results, including a specific estimate of 
        any savings;
            (C) a description of the records that will be 
        matched, including each data element that will be used, 
        the approximate number of records that will be matched, 
        and the projected starting and completion dates of the 
        matching program;
            (D) procedures for providing individualized notice 
        at the time of application, and notice periodically 
        thereafter as directed by the Data Integrity Board of 
        such agency (subject to guidance provided by the 
        Director of the Office of Management and Budget 
        pursuant to subsection (v)), to--
                    (i) applicants for and recipients of 
                financed assistance or payments under Federal 
                benefit programs, and
                    (ii) applicants for and holders of 
                positions as Federal personnel,
        that any information provided by such applicants, 
        recipients, holders, and individuals may be subject to 
        verification through matching programs;
            (E) procedures for verifying information produced 
        in such matching program as required by subsection (p);
            (F) procedures for the retention and timely 
        destruction of identifiable records created by a 
        recipient agency or non-Federal agency in such matching 
        program;
            (G) procedures for ensuring the administrative, 
        technical, and physical security of the records matched 
        and the results of such programs;
            (H) prohibitions on duplication and redisclosure of 
        records provided by the source agency within or outside 
        the recipient agency or the non-Federal agency, except 
        where required by law or essential to the conduct of 
        the matching program;
            (I) procedures governing the use by a recipient 
        agency or non-Federal agency of records provided in a 
        matching program by a source agency, including 
        procedures governing return of the records to the 
        source agency or destruction of records used in such 
        program;
            (J) information on assessments that have been made 
        on the accuracy of the records that will be used in 
        such matching program; and
            (K) that the Comptroller General may have access to 
        all records of a recipient agency or a non-Federal 
        agency that the Comptroller General deems necessary in 
        order to monitor or verify compliance with the 
        agreement.
    (2)(A) A copy of each agreement entered into pursuant to 
paragraph (1) shall--
            (i) be transmitted to the Committee on Governmental 
        Affairs of the Senate and the Committee on Government 
        Operations \1\ of the House of Representatives; and
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    \1\ The Committee on Government Operations was renamed to the 
Committee on Government Reform and Oversight by H. Res. 6 in the 104th 
Congress, and renamed the Committee on Government Reform by H. Res. 5 
in the 106th Congress.
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            (ii) be available upon request to the public.
    (B) No such agreement shall be effective until 30 days 
after the date on which such a copy is transmitted pursuant to 
subparagraph (A)(i).
    (C) Such an agreement shall remain in effect only for such 
period, not to exceed 18 months, as the Data Integrity Board of 
the agency determines is appropriate in light of the purposes, 
and length of time necessary for the conduct, of the matching 
program.
    (D) Within 3 months prior to the expiration of such an 
agreement pursuant to subparagraph (C), the Data Integrity 
Board of the agency may, without additional review, renew the 
matching agreement for a current, ongoing matching program for 
not more than one additional year if--
            (i) such program will be conducted without any 
        change; and
            (ii) each party to the agreement certifies to the 
        Board in writing that the program has been conducted in 
        compliance with the agreement.
    (p) Verification and Opportunity to Contest Findings.--(1) 
In order to protect any individual whose records are used in a 
matching program, no recipient agency, non-Federal agency, or 
source agency may suspend, terminate, reduce, or make a final 
denial of any financial assistance or payment under a Federal 
benefit program to such individual, or take other adverse 
action against such individual, as a result of information 
produced by such matching program, until--
            (A)(i) the agency has independently verified the 
        information; or
            (ii) the Data Integrity Board of the agency, or in 
        the case of a non-Federal agency the Data Integrity 
        Board of the source agency, determines in accordance 
        with guidance issued by the Director of the Office of 
        Management and Budget that--
                    (I) the information is limited to 
                identification and amount of benefits paid by 
                the source agency under a Federal benefit 
                program; and
                    (II) there is a high degree of confidence 
                that the information provided to the recipient 
                agency is accurate;
            (B) the individual receives a notice from the 
        agency containing a statement of its findings and 
        informing the individual of the opportunity to contest 
        such findings; and
            (C)(i) the expiration of any time period 
        established for the program by statue or regulation for 
        the individual to respond to that notice; or
            (ii) in the case of a program for which no such 
        period is established, the end of the 30-day period 
        beginning on the date on which notice under 
        subparagraph (B) is mailed or otherwise provided to the 
        individual.
    (2) Independent verification referred to in paragraph (1) 
requires investigation and confirmation of specific information 
relating to an individual that is used as a basis for an 
adverse action against the individual, including where 
applicable investigation and confirmation of--
            (A) the amount of any asset or income involved;
            (B) whether such individual actually has or had 
        access to such asset or income for such individual's 
        own use; and
            (C) the period or periods when the individual 
        actually had such asset or income.
    (3) Notwithstanding paragraph (1), an agency may take any 
appropriate action otherwise prohibited by such paragraph if 
the agency determines that the public health or public safety 
may be adversely affected or significantly threatened during 
any notice period required by such paragraph.
    (q) Sanctions.--(1) Notwithstanding any other provision of 
law, no source agency may disclose any record with is contained 
in a system of records to a recipient agency or non-Federal 
agency for a matching program if such source agency has reason 
to believe that the requirements of subsection (p), or any 
matching agreement entered into pursuant to subsection (o), or 
both, are not being met by such recipient agency.
    (2) No source agency may renew a matching agreement 
unless--
            (A) the recipient agency or non-Federal agency has 
        certified that it has complied with the provisions of 
        that agreement; and
            (B) the source agency has no reason to believe that 
        the certification is inaccurate.
    (r) Report on New Systems and Matching Programs.-- Each 
agency that proposes to establish or make a significant change 
in a system of records or a matching program shall provide 
adequate advance notice of any such proposal (in duplicate) to 
the Committee on Government Operations \1\ of the House of 
Representatives, the Committee on Governmental Affairs of the 
Senate, and the Office of Management and Budget in order to 
permit an evaluation of the probable or potential effect of 
such proposal on the privacy or other rights of individuals.
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    \1\ The Committee on Government Operations was renamed to the 
Committee on Government Reform and Oversight by H. Res. 6 in the 104th 
Congress, and renamed the Committee on Government Reform by H. Res. 5 
in the 106th Congress.
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    (s) Biennial Report.--The President shall biennially submit 
to the Speaker of the House of Representatives and the 
President pro tempore of the Senate a report--
            (1) describing the actions of the Director of the 
        Office of Management and Budget pursuant to section 6 
        of the Privacy Act of 1974 during the preceding 2 
        years;
            (2) describing the exercise of individual rights of 
        access and amendment under this section during such 
        years;
            (3) identifying changes in or additions to systems 
        of records;
            (4) containing such other information concerning 
        administration of this section as may be necessary or 
        useful to the Congress in reviewing the effectiveness 
        of this section in carrying out the purposes of the 
        Privacy Act of 1974.
    (t)(1) Effect of Other Laws.--No agency shall rely on any 
exemption contained in section 552 of this title to withhold 
from an individual any record which is otherwise accessible to 
such individual under the provisions of this section.
    (2) No agency shall rely on any exemption in this section 
to withhold from an individual any record which is otherwise 
accessible to such individual under the provisions of section 
552 of this title.
    (u) Data Integrity Boards.--(1) Every agency conducting or 
participating in a matching program shall establish a Data 
Integrity Board to oversee and coordinate among the various 
components of such agency the agency's implementation of this 
section.
    (2) Each Data Integrity Board shall consist of senior 
officials designated by the head of the agency, and shall 
include any senior official designated by the head of the 
agency as responsible for implementation of this section, and 
the inspector general of the agency, if any. The inspector 
general shall not serve as chairman of the Data Integrity 
Board.
    (3) Each Data Integrity Board--
            (A) shall review, approve, and maintain all written 
        agreements for receipt or disclosure of agency records 
        for matching programs to ensure compliance with 
        subsection (o), and all relevant statutes, regulations, 
        and guidelines;
            (B) shall review all matching programs in which the 
        agency has participated during the year, either as a 
        source agency or recipient agency, determine compliance 
        with applicable laws, regulations, guidelines, and 
        agency agreements, and assess the costs and benefits of 
        such programs;
            (C) shall review all recurring matching programs in 
        which the agency has participated during the year, 
        either as a source agency or recipient agency, for 
        continued justification for such disclosures;
            (D) shall compile an annual report, which shall be 
        submitted to the head of the agency and the Office of 
        Management and Budget and made available to the public 
        on request, describing the matching activities of the 
        agency, including--
                    (i) matching programs in which the agency 
                has participated as a source agency or 
                recipient agency;
                    (ii) matching agreements proposed under 
                subsection (o) that were disapproved by the 
                Board;
                    (iii) any changes in membership to 
                structure of the Board in the preceding year;
                    (iv) the reasons for any waiver of the 
                requirement in paragraph (4) of this section 
                for completion and submission of a cost-benefit 
                analysis prior to the approval of a matching 
                program;
                    (v) any violations of matching agreements 
                that have been alleged or identified and any 
                corrective action taken; and
                    (vi) any other information required by the 
                Director of the Office of Management and Budget 
                to be included in such report;
            (E) shall serve as a clearinghouse for receiving 
        and providing information on the accuracy, 
        completeness, and reliability of records used in 
        matching programs;
            (F) shall provide interpretation and guidance to 
        agency components and personnel on the requirements of 
        this section for matching programs;
            (G) shall review agency recordkeeping and disposal 
        policies and practices for matching programs to assure 
        compliance with this section; and
            (H) may review and report on any agency matching 
        activities that are not matching programs.
    (4)(A) Except as provided in subparagraphs (B) and (C), a 
Data Integrity Board shall not approve any written agreement 
for a matching program unless the agency has completed and 
submitted to such Board a cost-benefit analysis of the proposed 
program and such analysis demonstrates that the program is 
likely to be cost effective.
    (B) The Board may waive the requirements of subparagraph 
(A) of this paragraph if it determines in writing, in 
accordance with guidelines prescribed by the Director of the 
Office of Management and Budget, that a cost-benefit analysis 
is not required.
    (C) A cost-benefit analysis shall not be required under 
subparagraph (A) prior to the initial approval of a written 
agreement for a matching program that is specifically required 
by statute. Any subsequent written agreement for such a program 
shall not be approved by the Data Integrity Board unless the 
agency has submitted a cost-benefit analysis of the program as 
conducted under the preceding approval of such agreement.
    (5)(A) If a matching agreement is disapproved by a Data 
Integrity Board, any party to such agreement may appeal the 
disapproval to the Director of the Office of Management and 
Budget. Timely notice of the filing of such an appeal shall be 
provided by the Director of the Office of Management and Budget 
to the Committee on Governmental Affairs of the Senate and the 
Committee on Government Operations \1\ of the House of 
Representatives.
---------------------------------------------------------------------------
    \1\ The Committee on Government Operations was renamed to the 
Committee on Government Reform and Oversight by H. Res. 6 in the 104th 
Congress, and renamed the Committee on Government Reform by H. Res. 5 
in the 106th Congress.
---------------------------------------------------------------------------
    (B) The Director of the Office of Management and Budget may 
approve a matching agreement notwithstanding the disapproval of 
a Data Integrity Board if the Director determines that--
            (i) the matching program will be consistent with 
        all applicable legal, regulatory, and policy 
        requirements;
            (ii) there is adequate evidence that the matching 
        agreement will be cost-effective; and
            (iii) the matching program is in the public 
        interest.
    (C) The decision of the Director to approve a matching 
agreement shall not take effect until 30 days after it is 
reported to committees described in subparagraph (A).
    (D) If the Data Integrity Board and the Director of the 
Office of Management and Budget disapprove a matching program 
proposed by the inspector general of an agency, the inspector 
general may report the disapproval to the head of the agency 
and to the Congress.
    (6) In the reports required by paragraph (3)(D), agency 
matching activities that are not matching programs may be 
reported on an aggregate basis, if and to the extent necessary 
to protect ongoing law enforcement or counterintelligence 
investigations.
    (v) Office of Management and Budget Responsibilities.--The 
Director of the Office of Management and Budget shall--
            (1) develop and, after notice and opportunity for 
        public comment, prescribe guidelines and regulations 
        for the use of agencies in implementing the provisions 
        of this section; and
            (2) provide continuing assistance to an oversight 
        of the implementation of this section by agencies.

Sec. 552b. Open meetings

    (a) For purposes of this section--
            (1) the term ``agency'' means any agency, as 
        defined in section 552(e) of this title, headed by a 
        collegial body composed of two or more individual 
        members, a majority of whom are appointed to such 
        position by the President with the advice and consent 
        of the Senate, and any subdivision thereof authorized 
        to act on behalf of the agency;
            (2) the term ``meeting'' means the deliberations of 
        at least the number of individual agency members 
        required to take action on behalf of the agency where 
        such deliberations determine or result in the joint 
        conduct or disposition of official agency business, but 
        does not include deliberations required or permitted by 
        subsection (d) or (e); and
            (3) the term ``member'' means an individual who 
        belongs to a collegial body heading an agency.
    (b) Members shall not jointly conduct or dispose of agency 
business other than in accordance with this section. Except as 
provided in subsection (c), every portion of every meeting of 
an agency shall be open to public observation.
    (c) Except in a case where the agency finds that the public 
interest requires otherwise, the second sentence of subsection 
(b) shall not apply to any portion of an agency meeting, and 
the requirements of subsections (d) and (e) shall not apply to 
any information pertaining to such meeting otherwise required 
by this section to be disclosed to the public, where the agency 
properly determines that such portion or portions of its 
meeting or the disclosure of such information is likely to--
            (1) disclose matters that are (A) specifically 
        authorized under criteria established by an Executive 
        order to be kept secret in the interests of national 
        defense or foreign policy and (B) in fact properly 
        classified pursuant to such Executive order;
            (2) relate solely to the internal personnel rules 
        and practices of an agency;
            (3) disclose matters specifically exempted from 
        disclosure by statute (other than section 552 of this 
        title), provided that such statute (A) requires that 
        the matters be withheld from the public in such a 
        manner as to leave no discretion on the issue, or (B) 
        establishes particular criteria for withholding or 
        refers to particular types of matters to be withheld;
            (4) disclose trade secrets and commercial or 
        financial information obtained from a person and 
        privileged or confidential;
            (5) involve accusing any person of a crime, or 
        formally censuring any person;
            (6) disclose information of a personal nature where 
        disclosure would constitute a clearly unwarranted 
        invasion of personal privacy;
            (7) disclose investigatory records compiled for law 
        enforcement purposes, or information which if written 
        would be contained in such records, but only to the 
        extent that the production of such records or 
        information would (A) interfere with enforcement 
        proceedings, (B) deprive a person of a right to a fair 
        trial or an impartial adjudication, (C) constitute an 
        unwarranted invasion of personal privacy, (D) disclose 
        the identity of a confidential source and, in the case 
        of a record compiled by a criminal law enforcement 
        authority in the course of a criminal investigation, or 
        by an agency conducting a lawful national security 
        intelligence investigation, confidential information 
        furnished only by the confidential source, (E) disclose 
        investigative techniques and procedures, or (F) 
        endanger the life or physical safety of law enforcement 
        personnel;
            (8) disclose information contained in or related to 
        examination, operating, or condition reports prepared 
        by, on behalf of, or for the use of an agency 
        responsible for the regulation or supervision of 
        financial institutions;
            (9) disclose information the premature disclosure 
        of which would--
                    (A) in the case of an agency which 
                regulates currencies, securities, commodities, 
                or financial institutions, be likely to (i) 
                lead to significant financial speculation in 
                currencies, securities, or commodities, or (ii) 
                significantly endanger the stability of any 
                financial institution; or
                    (B) in the case of any agency, be likely to 
                significantly frustrate implementation of a 
                proposed agency action,
        except that subparagraph (B) shall not apply in any 
        instance where the agency has already disclosed to the 
        public the content or nature of its proposed action, or 
        where the agency is required by law to make such 
        disclosure on its own initiative prior to taking final 
        agency action on such proposal; or
            (10) specifically concern the agency's issuance of 
        a subpena, or the agency's participation in a civil 
        action or proceeding, an action in a foreign court or 
        international tribunal, or an arbitration, or the 
        initiation, conduct, or disposition by the agency of a 
        particular case of formal agency adjudication pursuant 
        to the procedures in section 554 of this title or 
        otherwise involving a determination on the record after 
        opportunity for a hearing.
    (d)(1) Action under subsection (c) shall be taken only when 
a majority of the entire membership of the agency (as defined 
in subsection (a)(1)) votes to take such action. A separate 
vote of the agency members shall be taken with respect to each 
agency meeting a portion or portions of which are proposed to 
be closed to the public pursuant to subsection (c), or with 
respect to any information which is proposed to be withheld 
under subsection (c). A single vote may be taken with respect 
to a series of meetings, a portion or portions of which are 
proposed to be closed to the public, or with respect to any 
information concerning such series of meetings, so long as each 
meeting in such series involves the same particular matters and 
is scheduled to be held no more than thirty days after the 
initial meeting in such series. The vote of each agency member 
participating in such vote shall be recorded and no proxies 
shall be allowed.
    (2) Whenever any person whose interests may be directly 
affected by a portion of a meeting requests that the agency 
close such portion to the public for any of the reasons 
referred to in paragraph (5), (6), or (7) of subsection (c), 
the agency, upon request of any one of its members, shall vote 
by recorded vote whether to close such meeting.
    (3) Within one day of any vote taken pursuant to paragraph 
(1) or (2), the agency shall make publicly available a written 
copy of such vote reflecting the vote of each member on the 
question. If a portion of a meeting is to be closed to the 
public, the agency shall, within one day of the vote taken 
pursuant to paragraph (1) or (2) of this subsection, make 
publicly available a full written explanation of its action 
closing the portion together with a list of all persons 
expected to attend the meeting and their affiliation.
    (4) Any agency, a majority of whose meetings may properly 
be closed to the public pursuant to paragraph (4), (8), (9)(A), 
or (10) of subsection (c), or any combination thereof, may 
provide by regulation for the closing of such meetings or 
portions thereof in the event that a majority of the members of 
the agency votes by recorded vote at the beginning of such 
meeting, or portion thereof, to close the exempt portion or 
portions of the meeting, and a copy of such vote, reflecting 
the vote of each member on the question, is made available to 
the public. The provisions of paragraphs (1), (2), and (3) of 
this subsection and subsection (e) shall not apply to any 
portion of a meeting to which such regulations apply: Provided, 
That the agency shall, except to the extent that such 
information is exempt from disclosure under the provisions of 
subsection (c), provide the public with public announcement of 
the time, place, and subject matter of the meeting and of each 
portion thereof at the earliest practicable time.
    (e)(1) In the case of each meeting, the agency shall make 
public announcement, at least one week before the meeting, of 
the time, place, and subject matter of the meeting, whether it 
is to be open or closed to the public, and the name and phone 
number of the official designated by the agency to respond to 
requests for information about the meeting. Such announcement 
shall be made unless a majority of the members of the agency 
determines by a recorded vote that agency business requires 
that such meeting be called at an earlier date, in which case 
the agency shall make public announcement of the time, place, 
and subject matter of such meeting, and whether open or closed 
to the public, at the earliest practicable time.
    (2) The time or place of a meeting may be changed following 
the public announcement required by paragraph (1) only if the 
agency publicly announces such change at the earliest 
practicable time. The subject matter of a meeting, or the 
determination of the agency to open or close a meeting, or 
portion of a meeting, to the public, may be changed following 
the public announcement required by this subsection only if (A) 
a majority of the entire membership of the agency determines by 
a recorded vote that agency business so requires and that no 
earlier announcement of the change was possible, and (B) the 
agency publicly announces such change and the vote of each 
member upon such change at the earliest practicable time.
    (3) Immediately following each public announcement required 
by this subsection, notice of the time, place, and subject 
matter of a meeting, whether the meeting is open or closed, any 
change in one of the preceding, and the name and phone number 
of the official designated by the agency to respond to requests 
for information about the meeting, shall also be submitted for 
publication in the Federal Register.
    (f)(1) For every meeting closed pursuant to paragraphs (1) 
through (10) of subsection (c), the General Counsel or chief 
legal officer of the agency shall publicly certify that, in his 
or her opinion, the meeting may be closed to the public and 
shall state each relevant exemptive provision. A copy of such 
certification, together with a statement from the presiding 
officer of the meeting setting forth the time and place of the 
meeting, and the persons present, shall be retained by the 
agency. The agency shall maintain a complete transcript or 
electronic recording adequate to record fully the proceedings 
of each meeting, or portion of a meeting, closed to the public, 
except that in the case of a meeting, or portion of a meeting, 
closed to the public pursuant to paragraph (8), (9)(A), or (10) 
of subsection (c), the agency shall maintain either such a 
transcript or recording, or a set of minutes. Such minutes 
shall fully and clearly describe all matters discussed and 
shall provide a full and accurate summary of any actions taken, 
and the reasons therefor, including a description of each of 
the views expressed on any item and the record of any rollcall 
vote (reflecting the vote of each member on the question). All 
documents considered in connection with any action shall be 
identified in such minutes.
    (2) The agency shall make promptly available to the public, 
in a place easily accessible to the public, the transcript, 
electronic recording, or minutes (as required by paragraph (1)) 
of the discussion of any item on the agenda, or of any item of 
the testimony of any witness received at the meeting, except 
for such item or items of such discussion or testimony as the 
agency determines to contain information which may be withheld 
under subsection (c). Copies of such transcript, or minutes, or 
a transcription of such recording disclosing the identity of 
each speaker, shall be furnished to any person at the actual 
cost of duplication or transcription. The agency shall maintain 
a complete verbatim copy of the transcript, a complete copy of 
the minutes, or a complete electronic recording of each 
meeting, or portion of a meeting, closed to the public, for a 
period of at least two years after such meeting, or until one 
year after the conclusion of any agency proceeding with respect 
to which the meeting or portion was held, whichever occurs 
later.
    (g) Each agency subject to the requirements of this section 
shall, within 180 days after the date of enactment of this 
section, following consultation with the Office of the Chairman 
of the Administrative Conference of the United States and 
published notice in the Federal Register of at least thirty 
days and opportunity for written comment by any person, 
promulgate regulations to implement the requirements of 
subsections (b) through (f) of this section. Any person may 
bring a proceeding in the United States District Court for the 
District of Columbia to require an agency to promulgate such 
regulations if such agency has not promulgated such regulations 
within the time period specified herein. Subject to any 
limitations of time provided by law, any person may bring a 
proceeding in the United States Court of Appeals for the 
District of Columbia to set aside agency regulations issued 
pursuant to this subsection that are not in accord with the 
requirements of subsections (b) through (f) of this section and 
to require the promulgation of regulations that are in accord 
with such subsections.
    (h)(1) The district courts of the United States shall have 
jurisdiction to enforce the requirements of subsections (b) 
through (f) of this section by declaratory judgment, injunctive 
relief, or other relief as may be appropriate. Such actions may 
be brought by any person against an agency prior to, or within 
sixty days after, the meeting out of which the violation of 
this section arises, except that if public announcement of such 
meeting is not initially provided by the agency in accordance 
with the requirements of this section, such action may be 
instituted pursuant to this section at any time prior to sixty 
days after any public announcement of such meeting. Such 
actions may be brought in the district court of the United 
States for the district in which the agency meeting is held or 
in which the agency in question has its headquarters, or in the 
District Court for the District of Columbia. In such actions a 
defendant shall serve his answer within thirty days after the 
service of the complaint. The burden is on the defendant to 
sustain his action. In deciding such cases the court may 
examine in camera any portion of the transcript, electronic 
recording, or minutes of a meeting closed to the public, and 
may take such additional evidence as it deems necessary. The 
court, having due regard for orderly administration and the 
public interest, as well as the interests of the parties, may 
grant such equitable relief as it deems appropriate, including 
granting an injunction against future violations of this 
section or ordering the agency to make available to the public 
such portion of the transcript, recording, or minutes of a 
meeting as is not authorized to be withheld under subsection 
(c) of this section.
    (2) Any Federal court otherwise authorized by law to review 
agency action may, at the application of any person properly 
participating in the proceeding pursuant to other applicable 
law, inquire into violations by the agency of the requirements 
of this section and afford such relief as it deems appropriate. 
Nothing in this section authorizes any Federal court having 
jurisdiction solely on the basis of paragraph (1) to set aside, 
enjoin, or invalidate any agency action (other than an action 
to close a meeting or to withhold information under this 
section) taken or discussed at any agency meeting out of which 
the violation of this section arose.
    (i) The court may assess against any party reasonable 
attorney fees and other litigation costs reasonably incurred by 
any other party who substantially prevails in any action 
brought in accordance with the provisions of subsection (g) or 
(h) of this section, except that costs may be assessed against 
the plaintiff only where the court finds that the suit was 
initiated by the plaintiff primarily for frivolous or dilatory 
purposes. In the case of assessment of costs against an agency, 
the costs may be assessed by the court against the United 
States.
    (j) Each agency subject to the requirements of this section 
shall annually report to the Congress regarding the following:
            (1) The changes in the policies and procedures of 
        the agency under this section that have occurred during 
        the preceding 1-year period.
            (2) A tabulation of the number of meetings held, 
        the exemptions applied to close meetings, and the days 
        of public notice provided to close meetings.
            (3) A brief description of litigation or formal 
        complaints concerning the implementation of this 
        section by the agency.
            (4) A brief explanation of any changes in law that 
        have affected the responsibilities of the agency under 
        this section.
    (k) Nothing herein expands or limits the present rights of 
any person under section 552 of this title, except that the 
exemptions set forth in subsection (c) of this section shall 
govern in the case of any request made pursuant to section 552 
to copy or inspect the transcripts, recordings, or minutes 
described in subsection (f) of this section. The requirements 
of chapter 33 of title 44, United States Code, shall not apply 
to the transcripts, recordings, and minutes described in 
subsection (f) of this section.
    (l) This section does not constitute authority to withhold 
any information from Congress, and does not authorize the 
closing of any agency meeting or portion thereof required by 
any other provision of law to be open.
    (m) Nothing in this section authorizes any agency to 
withhold from any individual any record, including transcripts, 
recordings, or minutes required by this section, which is 
otherwise accessible to such individual under section 552a of 
this title.

Sec. 553. Rule making

    (a) This section applies, according to the provisions 
thereof, except to the extent that there is involved--
            (1) a military or foreign affairs function of the 
        United States; or
            (2) a matter relating to agency management or 
        personnel or to public property, loans, grants, 
        benefits, or contracts.
    (b) General notice of proposed rule making shall be 
published in the Federal Register, unless persons subject 
thereto are named and either personally served or otherwise 
have actual notice thereof in accordance with law. The notice 
shall include--
            (1) a statement of the time, place, and nature of 
        public rule making proceedings;
            (2) reference to the legal authority under which 
        the rule is proposed; and
            (3) either the terms or substance of the proposed 
        rule or a description of the subjects and issues 
        involved.
Except when notice or hearing is required by statute, this 
subsection does not apply--
            (A) to interpretative rules, general statements of 
        policy, or rules of agency organization, procedure, or 
        practice; or
            (B) when the agency for good cause finds (and 
        incorporates the finding and a brief statement of 
        reasons therefor in the rules issued) that notice and 
        public procedure thereon are impracticable, 
        unnecessary, or contrary to the public interest.
    (c) After notice required by this section, the agency shall 
give interested persons an opportunity to participate in the 
rule making through submission of written data, views, or 
arguments with or without opportunity for oral presentation. 
After consideration of the relevant matter presented, the 
agency shall incorporate in the rules adopted a concise general 
statement of their basis and purpose. When rules are required 
by statute to be made on the record after opportunity for an 
agency hearing, sections 556 and 557 of this title apply 
instead of this subsection.
    (d) The required publication or service of a substantive 
rule shall be made not less than 30 days before its effective 
date, except--
            (1) a substantive rule which grants or recognizes 
        an exemption or relieves a restriction;
            (2) interpretative rules and statements of policy; 
        or
            (3) as otherwise provided by the agency for good 
        cause found and published with the rule.
    (e) Each agency shall give an interested person the right 
to petition for the issuance, amendment, or repeal of a rule.

Sec. 554. Adjudications

    (a) This section applies, according to the provisions 
thereof, in every case of adjudication required by statute to 
be determined on the record after opportunity for an agency 
hearing, except to the extent that there is involved--
            (1) a matter subject to a subsequent trial of the 
        law and the facts de novo in a court;
            (2) the selection or tenure of an employee, except 
        a \1\ administrative law judge appointed under section 
        3105 of this title;
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    \1\ So in original. Probably should be ``an''.
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            (3) proceedings in which decisions rest solely on 
        inspections, tests, or elections;
            (4) the conduct of military or foreign affairs 
        functions;
            (5) cases in which an agency is acting as an agent 
        for a court; or
            (6) the certification of worker representatives.
    (b) Persons entitled to notice of an agency hearing shall 
be timely informed of--
            (1) the time, place, and nature of the hearings;
            (2) the legal authority and jurisdiction under 
        which the hearing is to be held; and
            (3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to 
the proceeding shall give prompt notice of issues controverted 
in fact or law; and in other instances agencies may by rule 
require responsive pleading. In fixing the time and place for 
hearings, due regard shall be had for the convenience and 
necessity of the parties or their representatives.
    (c) The agency shall give all interested parties 
opportunity for--
            (1) the submission and consideration of facts, 
        arguments, offers of settlement, or proposals of 
        adjustment when time, the nature of the proceeding, and 
        the public interest permit; and
            (2) to the extent that the parties are unable so to 
        determine a controversy by consent, hearing and 
        decision on notice and in accordance with sections 556 
        and 557 of this title.
    (d) The employee who presides at the reception of evidence 
pursuant to section 556 of this title shall make the 
recommended decision or initial decision required by section 
557 of this title, unless he becomes unavailable to the agency. 
Except to the extent required for the disposition of ex parte 
matters as authorized by law, such an employee may not--
            (1) consult a person or party on a fact in issue, 
        unless on notice and opportunity for all parties to 
        participate; or
            (2) be responsible to or subject to the supervision 
        or direction of an employee or agent engaged in the 
        performance of investigative or prosecuting functions 
        for an agency.
An employee or agent engaged in the performance of 
investigative or prosecuting functions for an agency in a case 
may not, in that or a factually related case, participate or 
advise in the decision, recommended decision, or agency review 
pursuant to section 557 of this title, except as witness or 
counsel in public proceedings. This subsection does not apply--
            (A) in determining applications for initial 
        licenses;
            (B) to proceedings involving the validity or 
        application of rates, facilities, or practices of 
        public utilities or carriers; or
            (C) to the agency or a member or members of the 
        body comprising the agency.
    (e) The agency, with like effect as in the case of other 
orders, and in its sound discretion, may issue a declaratory 
order to terminate a controversy or remove uncertainty.

Sec. 555. Ancillary matters

    (a) This section applies, according to the provisions 
thereof, except as otherwise provided by this subchapter.
    (b) A person compelled to appear in person before an agency 
or representative thereof is entitled to be accompanied, 
represented, and advised by counsel or, if permitted by the 
agency, by other qualified representative. A party is entitled 
to appear in person or by or with counsel or other duly 
qualified representative in an agency proceeding. So far as the 
orderly conduct of public business permits, an interested 
person may appear before an agency or its responsible employees 
for the presentation, adjustment, or determination of an issue, 
request, or controversy in a proceeding, whether interlocutory, 
summary, or otherwise, or in connection with an agency 
function. With due regard for the convenience and necessity of 
the parties or their representatives and within a reasonable 
time, each agency shall proceed to conclude a matter presented 
to it. This subsection does not grant or deny a person who is 
not a lawyer the right to appear for or represent others before 
an agency or in an agency proceeding.
    (c) Process, requirement of a report, inspection, or other 
investigative act or demand may not be issued, made, or 
enforced except as authorized by law. A person compelled to 
submit data or evidence is entitled to retain or, on payment of 
lawfully prescribed costs, procure a copy or transcript 
thereof, except that in a nonpublic investigatory proceeding 
the witness may for good cause be limited to inspection of the 
official transcript of his testimony.
    (d) Agency subpenas authorized by law shall be issued to a 
party on request and, when required by rules of procedure, on a 
statement or showing of general relevance and reasonable scope 
of the evidence sought. On contest, the court shall sustain the 
subpena or similar process or demand to the extent that it is 
found to be in accordance with law. In a proceeding for 
enforcement, the court shall issue an order requiring the 
appearance of the witness or the production of the evidence or 
data within a reasonable time under penalty of punishment for 
contempt in case of contumacious failure to comply.
    (e) Prompt notice shall be given of the denial in whole or 
in part of a written application, petition, or other request of 
an interested person made in connection with any agency 
proceedings. Except in affirming a prior denial or when the 
denial is self-explanatory, the notice shall be accompanied by 
a brief statement of the grounds for denial.

Sec. 556. Hearings; presiding employees; powers and duties; burden of 
                    proof; evidence; record as basis of decision

    (a) This section applies, according to the provisions 
thereof, to hearings required by section 553 or 554 of this 
title to be conducted in accordance with this section.
    (b) There shall preside at the taking of evidence--
            (1) the agency;
            (2) one or more members of the body which comprises 
        the agency; or
            (3) one or more administrative law judges appointed 
        under section 3105 of this title.
This subchapter does not supersede the conduct of specified 
classes of proceedings, in whole or in part, by or before 
boards or other employees specially provided for by or 
designated under statute. The functions of presiding employees 
and of employees participating in decisions in accordance with 
section 557 of this title shall be conducted in an impartial 
manner. A presiding or participating employee may at any time 
disqualify himself. On the filing in good faith of a timely and 
sufficient affidavit of personal bias or other disqualification 
of a presiding or participating employee, the agency shall 
determine the matter as a part of the record and decision in 
the case.
    (c) Subject to published rules of the agency and within its 
powers, employees presiding at hearings may--
            (1) administer oaths and affirmations;
            (2) issue subpenas authorized by law;
            (3) rule on offers of proof and receive relevant 
        evidence;
            (4) take depositions or have depositions taken when 
        the ends of justice would be served;
            (5) regulate the course of the hearing;
            (6) hold conferences for the settlement or 
        simplification of the issues by consent of the parties 
        or by the use of alternative means of dispute 
        resolution as provided in subchapter IV of this 
        chapter;
            (7) inform the parties as to the availability of 
        one or more alternative means of dispute resolution, 
        and encourage use of such methods;
            (8) require the attendance at any conference held 
        pursuant to paragraph (6) of at least one 
        representative of each party who has authority to 
        negotiate concerning resolution of issues in 
        controversy;
            (9) dispose of procedural requests or similar 
        matters;
            (10) make or recommend decisions in accordance with 
        section 557 of this title; and
            (11) take other action authorized by agency rule 
        consistent with this subchapter.
    (d) Except as otherwise provided by statute, the proponent 
of a rule or order has the burden of proof. Any oral or 
documentary evidence may be received, but the agency as a 
matter of policy shall provide for the exclusion of irrelevant, 
immaterial, or unduly repetitious evidence. A sanction may not 
be imposed or rule or order issued except on consideration of 
the whole record or those parts thereof cited by a party and 
supported by and in accordance with the reliable, probative, 
and substantial evidence. The agency may, to the extent 
consistent with the interests of justice and the policy of the 
underlying statutes administered by the agency, consider a 
violation of section 557(d) of this title sufficient grounds 
for a decision adverse to a party who has knowingly committed 
such violation or knowingly caused such violation to occur. A 
party is entitled to present his case or defense by oral or 
documentary evidence, to submit rebuttal evidence, and to 
conduct such cross-examination as may be required for a full 
and true disclosure of the facts. In rule making or determining 
claims for money or benefits or applications for initial 
licenses an agency may, when a party will not be prejudiced 
thereby, adopt procedures for the submission of all or part of 
the evidence in written form.
    (e) The transcript of testimony and exhibits, together with 
all papers and requests filed in the proceeding, constitutes 
the exclusive record for decision in accordance with section 
557 of this title and, on payment of lawfully prescribed costs, 
shall be made available to the parties. When an agency decision 
rests on official notice of a material fact not appearing in 
the evidence in the record, a party is entitled, on timely 
request, to an opportunity to show the contrary.

Sec. 557. Initial decisions; conclusiveness; review by agency; 
                    submissions by parties; contents of decisions; 
                    record

    (a) This section applies, according to the provisions 
thereof, when a hearing is required to be conducted in 
accordance with section 556 of this title.
    (b) When the agency did not preside at the reception of the 
evidence, the presiding employee or, in cases not subject to 
section 554(d) of this title, an employee qualified to preside 
at hearings pursuant to section 556 of this title, shall 
initially decide the case unless the agency requires, either in 
specific cases or by general rule, the entire record to be 
certified to it for decision. When the presiding employee makes 
an initial decision, that decision then becomes the decision of 
the agency without further proceedings unless there is an 
appeal to, or review on motion of, the agency within time 
provided by rule. On appeal from or review of the initial 
decision, the agency has all the powers which it would have in 
making the initial decision except as it may limit the issues 
on notice or by rule. When the agency makes the decision 
without having presided at the reception of the evidence, the 
presiding employee or an employee qualified to preside at 
hearings pursuant to section 556 of this title shall first 
recommend a decision, except that in rule making or determining 
applications for initial licenses--
            (1) instead thereof the agency may issue a 
        tentative decision or one of its responsible employees 
        may recommend a decision; or
            (2) this procedure may be omitted in a case in 
        which the agency finds on the record that due and 
        timely execution of its functions imperatively and 
        unavoidably so requires.
    (c) Before a recommended, initial, or tentative decision, 
or a decision on agency review of the decision of subordinate 
employees, the parties are entitled to a reasonable opportunity 
to submit for the consideration of the employees participating 
in the decisions--
            (1) proposed findings and conclusions; or \1\
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    \1\ So in law. Paragraphs (2) and (3) probably should be paragraph 
(2)(A) and (B).
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            (2) exceptions to the decisions or recommended 
        decisions of subordinate employees or to tentative 
        agency decisions; and \1\
            (3) supporting reasons for the exceptions or 
        proposed findings or conclusions.
The record shall show the ruling on each finding, conclusion, 
or exception presented. All decisions, including initial, 
recommended, and tentative decisions, are a part of the record 
and shall include a statement of--
            (A) findings and conclusions, and the reasons or 
        basis therefor, on all the material issues of fact, 
        law, or discretion presented on the record; and
            (B) the appropriate rule, order, sanction, relief, 
        or denial thereof.
    (d)(1) In any agency proceeding which is subject to 
subsection (a) of this section, except to the extent required 
for the disposition of ex parte matters as authorized by law--
            (A) no interested person outside the agency shall 
        make or knowingly cause to be made to any member of the 
        body comprising the agency, administrative law judge, 
        or other employee who is or may reasonably be expected 
        to be involved in the decisional process of the 
        proceeding, an ex parte communication relevant to the 
        merits of the proceeding;
            (B) no member of the body comprising the agency, 
        administrative law judge, or other employee who is or 
        may reasonably be expected to be involved in the 
        decisional process of the proceeding, shall make or 
        knowingly cause to be made to any interested person 
        outside the agency an ex parte communication relevant 
        to the merits of the proceeding;
            (C) a member of the body comprising the agency, 
        administrative law judge, or other employee who is or 
        may reasonably be expected to be involved in the 
        decisional process of such proceeding who receives, or 
        who makes or knowingly causes to be made, a 
        communication prohibited by this subsection shall place 
        on the public record of the proceeding:
                    (i) all such written communications;
                    (ii) memoranda stating the substance of all 
                such oral communications; and
                    (iii) all written responses, and memoranda 
                stating the substance of all oral responses, to 
                the materials described in clauses (i) and (ii) 
                of this subparagraph;
            (D) upon receipt of a communication knowingly made 
        or knowingly caused to be made by a party in violation 
        of this subsection, the agency, administrative law 
        judge, or other employee presiding at the hearing may, 
        to the extent consistent with the interests of justice 
        and the policy of the underlying statutes, require the 
        party to show cause why his claim or interest in the 
        proceeding should not be dismissed, denied, 
        disregarded, or otherwise adversely affected on account 
        of such violation; and
            (E) the prohibitions of this subsection shall apply 
        beginning at such time as the agency may designate, but 
        in no case shall they begin to apply later than the 
        time at which a proceeding is noticed for hearing 
        unless the person responsible for the communication has 
        knowledge that it will be noticed, in which case the 
        prohibitions shall apply beginning at the time of his 
        acquisition of such knowledge.
    (2) This subsection does not constitute authority to 
withhold information from Congress.

Sec. 558. Imposition of sanctions; determination of applications for 
                    licenses; suspension, revocation, and expiration of 
                    licenses

    (a) This section applies, according to the provisions 
thereof, to the exercise of a power or authority.
    (b) A sanction may not be imposed or a substantive rule or 
order issued except within jurisdiction delegated to the agency 
and as authorized by law.
    (c) When application is made for a license required by law, 
the agency, with due regard for the rights and privileges of 
all the interested parties or adversely affected persons and 
within a reasonable time, shall set and complete proceedings 
required to be conducted in accordance with sections 556 and 
557 of this title or other proceedings required by law and 
shall make its decision. Except in cases of willfulness or 
those in which public health, interest, or safety requires 
otherwise, the withdrawal, suspension, revocation, or annulment 
of a license is lawful only if, before the institution of 
agency proceedings therefor, the licensee has been given--
            (1) notice by the agency in writing of the facts or 
        conduct which may warrant the action; and
            (2) opportunity to demonstrate or achieve 
        compliance with all lawful requirements.
When the licensee has made timely and sufficient application 
for a renewal or a new license in accordance with agency rules, 
a license with reference to an activity of a continuing nature 
does not expire until the application has been finally 
determined by the agency.

Sec. 559. Effect on other laws; effect of subsequent statute

    This subchapter, chapter 7, and sections 1305, 3105, 3344, 
4301(2)(E), 5372, and 7521 of this title, and the provisions of 
section 5335(a)(B) of this title that relate to administrative 
law judges, do not limit or repeal additional requirements 
imposed by statute or otherwise recognized by law. Except as 
otherwise required by law, requirements or privileges relating 
to evidence or procedure apply equally to agencies and persons. 
Each agency is granted the authority necessary to comply with 
the requirements of this subchapter through the issuance of 
rules or otherwise. Subsequent statute may not be held to 
supersede or modify this subchapter, chapter 7, sections 1305, 
3105, 3344, 4301(2)(E), 5372, or 7521 of this title, or the 
provisions of section 5335(a)(B) of this title that relate to 
administrative law judges, except to the extent that it does so 
expressly.


            SUBCHAPTER III--NEGOTIATED RULEMAKING PROCEDURE

Sec. 561. Purpose

    The purpose of this subchapter is to establish a framework 
for the conduct of negotiated rulemaking, consistent with 
section 553 of this title, to encourage agencies to use the 
process when it enhances the informal rulemaking process. 
Nothing in this subchapter should be construed as an attempt to 
limit innovation and experimentation with the negotiated 
rulemaking process or with other innovative rulemaking 
procedures otherwise authorized by law.

Sec. 562. Definitions

    For the purposes of this subchapter, the term--
            (1) ``agency'' has the same meaning as in section 
        551(1) of this title;
            (2) ``consensus'' means unanimous concurrence among 
        the interests represented on a negotiated rulemaking 
        committee established under this subchapter, unless 
        such committee--
                    (A) agrees to define such term to mean a 
                general but not unanimous concurrence; or
                    (B) agrees upon another specified 
                definition;
            (3) ``convener'' means a person who impartially 
        assists an agency in determining whether establishment 
        of a negotiated rulemaking committee is feasible and 
        appropriate in a particular rulemaking.
            (4) ``facilitator'' means a person who impartially 
        aids in the discussions and negotiations among the 
        members of a negotiated rulemaking committee to develop 
        a proposed rule;
            (5) ``interest'' means, with respect to an issue or 
        matter, multiple parties which have a similar point of 
        view or which are likely to be affected in a similar 
        manner;
            (6) ``negotiated rulemaking'' means rulemaking 
        through the use of a negotiated rulemaking committee;
            (7) ``negotiated rulemaking committee'' or 
        ``committee'' means an advisory committee established 
        by an agency in accordance with this subchapter and the 
        Federal Advisory Committee Act to consider and discuss 
        issues for the purpose of reaching a consensus in the 
        development of a proposed rule;
            (8) ``party'' has the same meaning as in section 
        551(3) of this title;
            (9) ``person'' has the same meaning as in section 
        551(2) of this title;
            (10) ``rule'' has the same meaning as in section 
        551(4) of this title; and
            (11) ``rulemaking'' means ``rule making'' as that 
        term is defined in section 551(5) of this title.

Sec. 563. Determination of need for negotiated rulemaking committee

    (a) Determination of Need by the Agency.--An agency may 
establish a negotiated rulemaking committee to negotiate and 
develop a proposed rule, if the head of the agency determines 
that the use of the negotiated rulemaking procedure is in the 
public interest. In making such a determination, the head of 
the agency shall consider whether--
            (1) there is a need for a rule;
            (2) there are a limited number of identifiable 
        interests that will be significantly affected by the 
        rule;
            (3) there is a reasonable likelihood that a 
        committee can be convened with a balanced 
        representation of persons who--
                    (A) can adequately represent the interests 
                identified under paragraph (2); and
                    (B) are willing to negotiate in good faith 
                to reach a consensus on the proposed rule;
            (4) there is a reasonable likelihood that a 
        committee will reach a consensus on the proposed rule 
        within a fixed period of time;
            (5) the negotiated rulemaking procedure will not 
        unreasonably delay the notice of proposed rulemaking 
        and the issuance of the final rule;
            (6) the agency has adequate resources and is 
        willing to commit such resources, including technical 
        assistance, to the committee; and
            (7) the agency, to the maximum extent possible 
        consistent with the legal obligations of the agency, 
        will use the consensus of the committee with respect to 
        the proposed rule as the basis for the rule proposed by 
        the agency for notice and comment.
    (b) Use of Conveners.--
            (1) Purposes of conveners.--An agency may use the 
        services of a convener to assist the agency in--
                    (A) identifying persons who will be 
                significantly affected by a proposed rule, 
                including residents of rural areas; and
                    (B) conducting discussions with such 
                persons to identify the issues of concern to 
                such persons, and to ascertain whether the 
                establishment of a negotiated rulemaking 
                committee is feasible and appropriate in the 
                particular rulemaking.
            (2) Duties of conveners.--The convener shall report 
        findings and may make recommendations to the agency. 
        Upon request of the agency, the convener shall 
        ascertain the names of persons who are willing and 
        qualified to represent interests that will be 
        significantly affected by the proposed rule, including 
        residents of rural areas. The report and any 
        recommendations of the convener shall be made available 
        to the public upon request.

Sec. 564. Publication of notice; applications for membership on 
                    committees

    (a) Publication of Notice.--If, after considering the 
report of a convener or conducting its own assessment, an 
agency decides to establish a negotiated rulemaking committee, 
the agency shall publish in the Federal Register and, as 
appropriate, in trade or other specialized publications, a 
notice which shall include--
            (1) an announcement that the agency intends to 
        establish a negotiated rulemaking committee to 
        negotiate and develop a proposed rule;
            (2) a description of the subject and scope of the 
        rule to be developed, and the issues to be considered;
            (3) a list of the interests which are likely to be 
        significantly affected by the rule;
            (4) a list of the persons proposed to represent 
        such interests and the person or persons proposed to 
        represent the agency;
            (5) a proposed agenda and schedule for completing 
        the work of the committee, including a target date for 
        publication by the agency of a proposed rule for notice 
        and comment;
            (6) a description of administrative support for the 
        committee to be provided by the agency, including 
        technical assistance;
            (7) a solicitation for comments on the proposal to 
        establish the committee, and the proposed membership of 
        the negotiated rulemaking committee; and
            (8) an explanation of how a person may apply or 
        nominate another person for membership on the 
        committee, as provided under subsection (b).
    (b) Application for Membership on Committee.--Persons who 
will be significantly affected by a proposed rule and who 
believe that their interests will not be adequately represented 
by any person specified in a notice under subsection (a)(4) may 
apply for, or nominate another person for, membership on the 
negotiated rulemaking committee to represent such interests 
with respect to the proposed rule. Each application or 
nomination shall include--
            (1) the name of the applicant or nominee and a 
        description of the interests such person shall 
        represent;
            (2) evidence that the applicant or nominee is 
        authorized to represent parties related to the 
        interests the person proposes to represent;
            (3) a written commitment that the applicant or 
        nominee shall actively participate in good faith in the 
        development of the rule under consideration; and
            (4) the reasons that the persons specified in the 
        notice under subsection (a)(4) do not adequately 
        represent the interests of the person submitting the 
        application or nomination.
    (c) Period for Submission of Comments and Applications.--
The agency shall provide for a period of at least 30 calendar 
days for the submission of comments and applications under this 
section.

Sec. 565. Establishment of committee

    (a) Establishment.--
            (1) Determination to establish committee.--If after 
        considering comments and applications submitted under 
        section 564, the agency determines that a negotiated 
        rulemaking committee can adequately represent the 
        interests that will be significantly affected by a 
        proposed rule and that it is feasible and appropriate 
        in the particular rulemaking, the agency may establish 
        a negotiated rulemaking committee. In establishing and 
        administering such a committee, the agency shall comply 
        with the Federal Advisory Committee Act with respect to 
        such committee, except as otherwise provided in this 
        subchapter.
            (2) Determination not to establish committee.--If 
        after considering such comments and applications, the 
        agency decides not to establish a negotiated rulemaking 
        committee, the agency shall promptly publish notice of 
        such decision and the reasons therefor in the Federal 
        Register and, as appropriate, in trade or other 
        specialized publications, a copy of which shall be sent 
        to any person who applied for, or nominated another 
        person for membership on the negotiating \1\ rulemaking 
        committee to represent such interests with respect to 
        the proposed rule.
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    \1\ So in original. Probably should be ``negotiated''.
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    (b) Membership.--The agency shall limit membership on a 
negotiated rulemaking committee to 25 members, unless the 
agency head determines that a greater number of members is 
necessary for the functioning of the committee or to achieve 
balanced membership. Each committee shall include at least one 
person representing the agency.
    (c) Administrative Support.--The agency shall provide 
appropriate administrative support to the negotiated rulemaking 
committee, including technical assistance.

Sec. 566. Conduct of committee activity

    (a) Duties of Committee.--Each negotiated rulemaking 
committee established under this subchapter shall consider the 
matter proposed by the agency for consideration and shall 
attempt to reach a consensus concerning a proposed rule with 
respect to such matter and any other matter the committee 
determines is relevant to the proposed rule.
    (b) Representatives of Agency on Committee.--The person or 
persons representing the agency on a negotiated rulemaking 
committee shall participate in the deliberations and activities 
of the committee with the same rights and responsibilities as 
other members of the committee, and shall be authorized to 
fully represent the agency in the discussions and negotiations 
of the committee.
    (c) Selecting Facilitator.--Notwithstanding section 10(e) 
of the Federal Advisory Committee Act, an agency may nominate 
either a person from the Federal Government or a person from 
outside the Federal Government to serve as a facilitator for 
the negotiations of the committee, subject to the approval of 
the committee by consensus. If the committee does not approve 
the nominee of the agency for facilitator, the agency shall 
submit a substitute nomination. If a committee does not approve 
any nominee of the agency for facilitator, the committee shall 
select by consensus a person to serve as facilitator. A person 
designated to represent the agency in substantive issues may 
not serve as facilitator or otherwise chair the committee.
    (d) Duties of Facilitator.--A facilitator approved or 
selected by a negotiated rulemaking committee shall--
            (1) chair the meetings of the committee in an 
        impartial manner;
            (2) impartially assist the members of the committee 
        in conducting discussions and negotiations; and
            (3) manage the keeping of minutes and records as 
        required under section 10 (b) and (c) of the Federal 
        Advisory Committee Act, except that any personal notes 
        and materials of the facilitator or of the members of a 
        committee shall not be subject to section 552 of this 
        title.
    (e) Committee Procedures.--A negotiated rulemaking 
committee established under this subchapter may adopt 
procedures for the operation of the committee. No provision of 
section 553 of this title shall apply to the procedures of a 
negotiated rulemaking committee.
    (f) Report of Committee.--If a committee reaches a 
consensus on a proposed rule, at the conclusion of negotiations 
the committee shall transmit to the agency that established the 
committee a report containing the proposed rule. If the 
committee does not reach a consensus on a proposed rule, the 
committee may transmit to the agency a report specifying any 
areas in which the committee reached a consensus. The committee 
may include in a report any other information, recommendations, 
or materials that the committee considers appropriate. Any 
committee member may include as an addendum to the report 
additional information, recommendations, or materials.
    (g) Records of Committee.--In addition to the report 
required by subsection (f), a committee shall submit to the 
agency the records required under section 10 (b) and (c) of the 
Federal Advisory Committee Act.

Sec. 567. Termination of committee

    A negotiated rulemaking committee shall terminate upon 
promulgation of the final rule under consideration, unless the 
committee's charter contains an earlier termination date or the 
agency, after consulting the committee, or the committee itself 
specifies an earlier termination date.

Sec. 568. Services, facilities, and payment of committee member 
                    expenses

    (a) Services of Conveners and Facilitators.--
            (1) In general.--An agency may employ or enter into 
        contracts for the services of an individual or 
        organization to serve as a convener or facilitator for 
        a negotiated rulemaking committee under this 
        subchapter, or may use the services of a Government 
        employee to act as a convener or a facilitator for such 
        a committee.
            (2) Determination of conflicting interests.--An 
        agency shall determine whether a person under 
        consideration to serve as convener or facilitator of a 
        committee under paragraph (1) has any financial or 
        other interest that would preclude such person from 
        serving in an impartial and independent manner.
    (b) Services and Facilities of Other Entities.--For 
purposes of this subchapter, an agency may use the services and 
facilities of other Federal agencies and public and private 
agencies and instrumentalities with the consent of such 
agencies and instrumentalities, and with or without 
reimbursement to such agencies and instrumentalities, and may 
accept voluntary and uncompensated services without regard to 
the provisions of section 1342 of title 31. The Federal 
Mediation and Conciliation Service may provide services and 
facilities, with or without reimbursement, to assist agencies 
under this subchapter, including furnishing conveners, 
facilitators, and training in negotiated rulemaking.
    (c) Expenses of Committee Members.--Members of a negotiated 
rulemaking committee shall be responsible for their own 
expenses of participation in such committee, except that an 
agency may, in accordance with section 7(d) of the Federal 
Advisory Committee Act, pay for a member's reasonable travel 
and per diem expenses, expenses to obtain technical assistance, 
and a reasonable rate of compensation, if--
            (1) such member certifies a lack of adequate 
        financial resources to participate in the committee; 
        and
            (2) the agency determines that such member's 
        participation in the committee is necessary to assure 
        an adequate representation of the member's interest.
    (d) Status of Member as Federal Employee.--A member's 
receipt of funds under this section or section 569 shall not 
conclusively determine for purposes of sections 202 through 209 
of title 18 whether that member is an employee of the United 
States Government.

Sec. 569. Encouraging negotiated rulemaking

    (a) The President shall designate an agency or designate or 
establish an interagency committee to facilitate and encourage 
agency use of negotiated rulemaking. An agency that is 
considering, planning, or conducting a negotiated rulemaking 
may consult with such agency or committee for information and 
assistance.
    (b) To carry out the purposes of this subchapter, an agency 
planning or conducting a negotiated rulemaking may accept, 
hold, administer, and utilize gifts, devises, and bequests of 
property, both real and personal if that agency's acceptance 
and use of such gifts, devises, or bequests do not create a 
conflict of interest. Gifts and bequests of money and proceeds 
from sales of other property received as gifts, devises, or 
bequests shall be deposited in the Treasury and shall be 
disbursed upon the order of the head of such agency. Property 
accepted pursuant to this section, and the proceeds thereof, 
shall be used as nearly as possible in accordance with the 
terms of the gifts, devises, or bequests.

Sec. 570. Judicial review

    Any agency action relating to establishing, assisting, or 
terminating a negotiated rulemaking committee under this 
subchapter shall not be subject to judicial review. Nothing in 
this section shall bar judicial review of a rule if such 
judicial review is otherwise provided by law. A rule which is 
the product of negotiated rulemaking and is subject to judicial 
review shall not be accorded any greater deference by a court 
than a rule which is the product of other rulemaking 
procedures.

Sec. 570a. Authorization of appropriations

    There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this subchapter.


     SUBCHAPTER IV--ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE 
                         ADMINISTRATIVE PROCESS

Sec. 571. Definitions

    For the purposes of this subchapter, the term--
            (1) ``agency'' has the same meaning as in section 
        551(1) of this title;
            (2) ``administrative program'' includes a Federal 
        function which involves protection of the public 
        interest and the determination of rights, privileges, 
        and obligations of private persons through rule making, 
        adjudication, licensing, or investigation, as those 
        terms are used in subchapter II of this chapter;
            (3) ``alternative means of dispute resolution'' 
        means any procedure that is used to resolve issues in 
        controversy, including, but not limited to, 
        conciliation, facilitation, mediation, factfinding, 
        minitrials, arbitration, and use of ombuds, or any 
        combination thereof;
            (4) ``award'' means any decision by an arbitrator 
        resolving the issues in controversy;
            (5) ``dispute resolution communication'' means any 
        oral or written communication prepared for the purposes 
        of a dispute resolution proceeding, including any 
        memoranda, notes or work product of the neutral, 
        parties or nonparty participant; except that a written 
        agreement to enter into a dispute resolution 
        proceeding, or final written agreement or arbitral 
        award reached as a result of a dispute resolution 
        proceeding, is not a dispute resolution communication;
            (6) ``dispute resolution proceeding'' means any 
        process in which an alternative means of dispute 
        resolution is used to resolve an issue in controversy 
        in which a neutral is appointed and specified parties 
        participate;
            (7) ``in confidence'' means, with respect to 
        information, that the information is provided--
                    (A) with the expressed intent of the source 
                that it not be disclosed; or
                    (B) under circumstances that would create 
                the reasonable expectation on behalf of the 
                source that the information will not be 
                disclosed;
            (8) ``issue in controversy'' means an issue which 
        is material to a decision concerning an administrative 
        program of an agency, and with which there is 
        disagreement--
                    (A) between an agency and persons who would 
                be substantially affected by the decision; or
                    (B) between persons who would be 
                substantially affected by the decision;
            (9) ``neutral'' means an individual who, with 
        respect to an issue in controversy, functions 
        specifically to aid the parties in resolving the 
        controversy;
            (10) ``party'' means--
                    (A) for a proceeding with named parties, 
                the same as in section 551(3) of this title; 
                and
                    (B) for a proceeding without named parties, 
                a person who will be significantly affected by 
                the decision in the proceeding and who 
                participates in the proceeding;
            (11) ``person'' has the same meaning as in section 
        551(2) of this title; and
            (12) ``roster'' means a list of persons qualified 
        to provide services as neutrals.

Sec. 572. General authority

    (a) An agency may use a dispute resolution proceeding for 
the resolution of an issue in controversy that relates to an 
administrative program, if the parties agree to such 
proceeding.
    (b) An agency shall consider not using a dispute resolution 
proceeding if--
            (1) a definitive or authoritative resolution of the 
        matter is required for precedential value, and such a 
        proceeding is not likely to be accepted generally as an 
        authoritative precedent;
            (2) the matter involves or may bear upon 
        significant questions of Government policy that require 
        additional procedures before a final resolution may be 
        made, and such a proceeding would not likely serve to 
        develop a recommended policy for the agency;
            (3) maintaining established policies is of special 
        importance, so that variations among individual 
        decisions are not increased and such a proceeding would 
        not likely reach consistent results among individual 
        decisions;
            (4) the matter significantly affects persons or 
        organizations who are not parties to the proceeding;
            (5) a full public record of the proceeding is 
        important, and a dispute resolution proceeding cannot 
        provide such a record; and
            (6) the agency must maintain continuing 
        jurisdiction over the matter with authority to alter 
        the disposition of the matter in the light of changed 
        circumstances, and a dispute resolution proceeding 
        would interfere with the agency's fulfilling that 
        requirement.
    (c) Alternative means of dispute resolution authorized 
under this subchapter are voluntary procedures which supplement 
rather than limit other available agency dispute resolution 
techniques.

Sec. 573. Neutrals

    (a) A neutral may be a permanent or temporary officer or 
employee of the Federal Government or any other individual who 
is acceptable to the parties to a dispute resolution 
proceeding. A neutral shall have no official, financial, or 
personal conflict of interest with respect to the issues in 
controversy, unless such interest is fully disclosed in writing 
to all parties and all parties agree that the neutral may 
serve.
    (b) A neutral who serves as a conciliator, facilitator, or 
mediator serves at the will of the parties.
    (c) The President shall designate an agency or designate or 
establish an interagency committee to facilitate and encourage 
agency use of dispute resolution under this subchapter. Such 
agency or interagency committee, in consultation with other 
appropriate Federal agencies and professional organizations 
experienced in matters concerning dispute resolution, shall--
            (1) encourage and facilitate agency use of 
        alternative means of dispute resolution; and
            (2) develop procedures that permit agencies to 
        obtain the services of neutrals on an expedited basis.
    (d) An agency may use the services or one or more employees 
of other agencies to serve as neutrals in dispute resolution 
proceedings. The agencies may enter into an interagency 
agreement that provides for the reimbursement by the user 
agency or the parties of the full or partial cost of the 
services of such an employee.
    (e) Any agency may enter into a contract with any person 
for services as a neutral, or for training in connection with 
alternative means of dispute resolution. The parties in a 
dispute resolution proceeding shall agree on compensation for 
the neutral that is fair and reasonable to the Government.

Sec. 574. Confidentiality

    (a) Except as provided in subsections (d) and (e), a 
neutral in a dispute resolution proceeding shall not 
voluntarily disclose or through discovery or compulsory process 
be required to disclose any dispute resolution communication or 
any communication provided in confidence to the neutral, 
unless--
            (1) all parties to the dispute resolution 
        proceeding and the neutral consent in writing, and, if 
        the dispute resolution communication was provided by a 
        nonparty participant, that participant also consents in 
        writing;
            (2) the dispute resolution communication has 
        already been made public;
            (3) the dispute resolution communication is 
        required by statute to be made public, but a neutral 
        should make such communication public only if no other 
        person is reasonably available to disclose the 
        communication; or
            (4) a court determines that such testimony or 
        disclosure is necessary to--
                    (A) prevent a manifest injustice;
                    (B) help establish a violation of law; or
                    (C) prevent harm to the public health or 
                safety,
                of sufficient magnitude in the particular case 
                to outweigh the integrity of dispute resolution 
                proceedings in general by reducing the 
                confidence of parties in future cases that 
                their communications will remain confidential.
    (b) A party to a dispute resolution proceeding shall not 
voluntarily disclose or through discovery or compulsory process 
be required to disclose any dispute resolution communications 
unless--
            (1) the communication was prepared by the party 
        seeking disclosure;
            (2) all parties to the dispute resolution 
        proceeding consent in writing;
            (3) the dispute resolution communication has 
        already been made public;
            (4) the dispute resolution communication is 
        required by statute to be made public;
            (5) a court determines that such testimony or 
        disclosure is necessary to--
                    (A) prevent a manifest injustice;
                    (B) help establish a violation of law; or
                    (C) prevent harm to the public health and 
                safety,
                of sufficient magnitude in the particular case 
                to outweigh the integrity of dispute resolution 
                proceedings in general by reducing the 
                confidence of parties in future cases that 
                their communications will remain confidential;
            (6) the dispute resolution communication is 
        relevant to determining the existence or meaning of an 
        agreement or award that resulted from the dispute 
        resolution communication or to the enforcement of such 
        an agreement or award; or
            (7) except for dispute resolution communications 
        generated by the neutral, the dispute resolution 
        communication was provided to or was available to all 
        parties to the dispute resolution proceeding.
    (c) Any dispute resolution communication that is disclosed 
in violation of subsection (a) or (b),\1\ shall not be 
admissible in any proceeding relating to the issues in 
controversy with respect to which the communication was made.
---------------------------------------------------------------------------
    \1\ So in law. Comma probably is unnecessary.
---------------------------------------------------------------------------
    (d)(1) The parties may agree to alternative confidential 
procedures for disclosures by a neutral. Upon such agreement 
the parties shall inform the neutral before the commencement of 
the dispute resolution proceeding of any modifications to the 
provisions of subsection (a) that will govern the 
confidentiality of the dispute resolution proceeding. If the 
parties do not so inform the neutral, subsection (a) shall 
apply.
    (2) To qualify for the exemption established under 
subsection (j), an alternative confidential procedure under 
this subsection may not provide for less disclosure than the 
confidential procedures otherwise provided under this section.
    (e) If a demand for disclosure, by way of discovery request 
or other legal process, is made upon a neutral regarding a 
dispute resolution communication, the neutral shall make 
reasonable efforts to notify the parties and any affected 
nonparty participants of the demand. Any party or affected 
nonparty participant who receives such notice and within 15 
calendar days does not offer to defend a refusal of the neutral 
to disclose the requested information shall have waived any 
objection to such disclosure.
    (f) Nothing in this section shall prevent the discovery or 
admissibility of any evidence that is otherwise discoverable, 
merely because the evidence was presented in the course of a 
dispute resolution proceeding.
    (g) Subsections (a) and (b) shall have no effect on the 
information and data that are necessary to document an 
agreement reached or order issued pursuant to a dispute 
resolution proceeding.
    (h) Subsections (a) and (b) shall not prevent the gathering 
of information for research or educational purposes, in 
cooperation with other agencies, governmental entities, or 
dispute resolution programs, so long as the parties and the 
specific issues in controversy are not identifiable.
    (i) Subsections (a) and (b) shall not prevent use of a 
dispute resolution communication to resolve a dispute between 
the neutral in a dispute resolution proceeding and a party to 
or participant in such proceeding so long as such dispute 
resolution communication is disclosed only to the extent 
necessary to resolve such dispute.
    (j) A dispute resolution communication which is between a 
neutral and a party and which may not be disclosed under this 
section shall also be exempt from disclosure under section 
552(b)(3).

Sec. 575. Authorization of arbitration

    (a)(1) Arbitration may be used as an alternative means of 
dispute resolution whenever all parties consent. Consent may be 
obtained either before or after an issue in controversy has 
arisen. A party may agree to--
            (A) submit only certain issues in controversy to 
        arbitration; or
            (B) arbitration on the condition that the award 
        must be within a range of possible outcomes.
    (2) The arbitration agreement that sets forth the subject 
matter submitting to the arbitration shall be in writing. Each 
such arbitration agreement shall specify a maximum award that 
may be issued by the arbitrator and may specify other 
conditions limiting the range of possible outcomes.
    (3) An agency may not require any person to consent to 
arbitration as a condition of entering into a contract or 
obtaining a benefit.
    (b) An officer or employee of an agency shall not offer to 
use arbitration for the resolution of issues in controversy 
unless such officer or employee--
            (1) would otherwise have authority to enter into a 
        settlement concerning the matter; or
            (2) is otherwise specifically authorized by the 
        agency to consent to the use of arbitration.
    (c) Prior to using binding arbitration under this 
subchapter, the head of an agency, in consultation with the 
Attorney General and after taking into account the factors in 
section 572(b), shall issue guidance on the appropriate use of 
binding arbitration and when an officer or employee of the 
agency has authority to settle an issue in controversy through 
binding arbitration.

Sec. 576. Enforcement of arbitration agreements

    An agreement to arbitrate a matter to which this subchapter 
applies is enforcement pursuant to section 4 of title 9, and no 
action brought to enforce such an agreement shall be dismissed 
nor shall relief therein be denied on the grounds that it is 
against the United States or that the United States is an 
indispensable party.

Sec. 577. Arbitrators

    (a) The parties to an arbitration proceeding shall be 
entitled to participate in the selection of the arbitrator.
    (b) The arbitrator shall be a neutral who meets the 
criteria of section 573 of this title.

Sec. 578. Authority of the arbitrator

    An arbitrator to whom a dispute is referred under this 
subchapter may--
            (1) regulate the course of and conduct arbitral 
        hearings;
            (2) administer oaths and affirmations;
            (3) compel the attendance of witnesses and 
        production of evidence at the hearing under the 
        provisions of section 7 of title 9 only to the extent 
        the agency involved is otherwise authorized by law to 
        do so; and
            (4) make awards.

Sec. 579. Arbitration proceedings

    (a) The arbitrator shall set a time and place for the 
hearing on the dispute and shall notify the parties not less 
than 5 days before the hearing.
    (b) Any party wishing a record of the hearing shall--
            (1) be responsible for the preparation of such 
        record;
            (2) notify the other parties and the arbitrator of 
        the preparation of such record;
            (3) furnish copies to all identified parties and 
        the arbitrator; and
            (4) pay all costs for such record, unless the 
        parties agree otherwise or the arbitrator determines 
        that the costs should be apportioned.
    (c)(1) The parties to the arbitration are entitled to be 
heard, to present evidence material to the controversy, and to 
cross-examine witnesses appearing at the hearing.
    (2) The arbitrator may, with the consent of the parties, 
conduct all or part of the hearing by telephone, television, 
computer, or other electronic means, if each party has an 
opportunity to participate.
    (3) The hearing shall be conducted expeditiously and in an 
informal manner.
    (4) The arbitrator may receive any oral or documentary 
evidence, except that irrelevant, immaterial, unduly 
repetitious, or privileged evidence may be excluded by the 
arbitrator.
    (5) The arbitrator shall interpret and apply relevant 
statutory and regulatory requirements, legal precedents, and 
policy directives.
    (d) No interested person shall make or knowingly cause to 
be made to the arbitrator an unauthorized ex parte 
communication relevant to the merits of the proceeding, unless 
the parties agree otherwise. If a communication is made in 
violation of this subsection, the arbitrator shall ensure that 
a memorandum of the communication is prepared and made a part 
of the record, and that an opportunity for rebuttal is allowed. 
Upon receipt of a communication made in violation of this 
subsection, the arbitrator may, to the extent consistent with 
the interests of justice and the policies underlying this 
subchapter, require the offending party to show cause why the 
claim of such party should not be resolved against such party 
as a result of the improper conduct.
    (e) The arbitrator shall make the award within 30 days 
after the close of the hearing, or the date of the filing of 
any briefs authorized by the arbitrator, whichever date is 
later, unless--
            (1) the parties agree to some other time limit; or
            (2) the agency provides by rule for some other time 
        limit.

Sec. 580. Arbitration awards

    (a)(1) Unless the agency provides otherwise by rule, the 
award in an arbitration proceeding under this subchapter shall 
include a brief, informal discussion of the factual and legal 
basis for the award, but formal findings of fact or conclusions 
of law shall not be required.
    (2) The prevailing parties shall file the award with all 
relevant agencies, along with proof of service on all parties.
    (b) The award in an arbitration proceeding shall become 
final 30 days after it is served on all parties. Any agency 
that is a party to the proceeding may extend this 30-day period 
for an additional 30-day period by serving a notice of such 
extension on all other parties before the end of the first 30-
day period.
    (c) A final award is binding on the parties to the 
arbitration proceeding, and may be enforced pursuant to 
sections 9 through 13 of title 9. No action brought to enforce 
such an award shall be dismissed nor shall relief therein be 
denied on the grounds that it is against the United States or 
that the United States is an indispensable party.
    (d) An award entered under this subchapter in an 
arbitration proceeding may not serve as an estoppel in any 
other proceeding for any issue that was resolved in the 
proceeding. Such an award also may not be used as precedent or 
otherwise be considered in any factually unrelated proceeding, 
whether conducted under this subchapter, by an agency, or in a 
court, or in any other arbitration proceeding.

Sec. 581. Judicial review

    (a) Notwithstanding any other provision of law, any person 
adversely affected or aggrieved by an award made in an 
arbitration proceeding conducted under this subchapter may 
bring an action for review of such award only pursuant to the 
provisions of sections 9 through 13 of title 9.
    (b) \1\ (1) A decision by an agency to use or not to use a 
dispute resolution proceeding under this subchapter shall be 
committed to the discretion of the agency and shall not be 
subject to judicial review, except that arbitration shall be 
subject to judicial review under section 10(b) of title 9.
---------------------------------------------------------------------------
    \1\ Section 8(b) of the Administrative Dispute Resolution Act of 
1996 (P.L. 104-320; 110 Stat. 3872) amended section ``581(d)'' of title 
5 by striking ``(1)'' after ``(b)'' and by striking paragraph (2). The 
amendment probably should have been made to section 581(b).
---------------------------------------------------------------------------
    (2) A decision by the head of an agency under section 580 
to terminate an arbitration proceeding or vacate an arbitral 
award shall be committed to the discretion of the agency and 
shall not be subject to judicial review.

[Sec. 582. Repealed. Pub. L. 104-320, Sec. 4(b)(1), Oct. 19, 1996, 110 
                    Stat. 3871.]

Sec. 583. Support services

    For the purposes of this subchapter, an agency may use 
(with or without reimbursement) the services and facilities of 
other Federal agencies, State, local, and tribal governments, 
public and private organizations and agencies, and individuals, 
with the consent of such agencies, organizations, and 
individuals. An agency may accept voluntary and uncompensated 
services for purposes of this subchapter without regard to the 
provisions of section 1342 of title 31.

Sec. 584. Authorization of appropriations

    There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this subchapter.


      SUBCHAPTER V--ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

Sec. 591. Purpose

    It is the purpose of this subchapter to provide suitable 
arrangements through which Federal agencies, assisted by 
outside experts, may cooperatively study mutual problems, 
exchange information, and develop recommendations for action by 
proper authorities to the end that private rights may be fully 
protected and regulatory activities and other Federal 
responsibilities may be carried out expeditiously in the public 
interest.

Sec. 592. Definitions

    For the purpose of this subchapter--
            (1) ``administrative program'' includes a Federal 
        function which involves protection of the public 
        interest and the determination of rights, privileges, 
        and obligations of private persons through rule making, 
        adjudication, licensing, or investigation, as those 
        terms are used in subchapter II of this chapter, except 
        that it does not include a military or foreign affairs 
        function of the United States;
            (2) ``administrative agency'' means an authority as 
        defined by section 551(1) of this title; and
            (3) ``administrative procedure'' means procedure 
        used in carrying out an administrative program and is 
        to be broadly construed to include any aspect of agency 
        organization, procedure, or management which may affect 
        the equitable consideration of public and private 
        interests, the fairness of agency decisions, the speed 
        of agency action, and the relationship of operating 
        methods to later judicial review, but does not include 
        the scope of agency responsibility as established by 
        law or matters of substantive policy committed by law 
        to agency discretion.

Sec. 593. Administrative Conference of the United States

    (a) The Administrative Conference of the United States 
consists of not more than 101 nor less than 75 members 
appointed as set forth in subsection (b) of this section.
    (b) The Conference is composed of--
            (1) a full-time Chairman appointed for a 5-year 
        term by the President, by and with the advice and 
        consent of the Senate. The Chairman is entitled to pay 
        at the highest rate established by statute for the 
        chairman of an independent regulatory board or 
        commission, and may continue to serve until his 
        successor is appointed and has qualified;
            (2) the chairman of each independent regulatory 
        board or commission or an individual designated by the 
        board or commission;
            (3) the head of each Executive department or other 
        administrative agency which is designated by the 
        President, or an individual designated by the head of 
        the department or agency;
            (4) when authorized by the Council referred to in 
        section 595(b) of this title, one or more appointees 
        from a board, commission, department, or agency 
        referred to in this subsection, designated by the head 
        thereof with, in the case of a board or commission, the 
        approval of the board or commission;
            (5) individuals appointed by the President to 
        membership on the Council who are not otherwise members 
        of the Conference; and
            (6) not more than 40 other members appointed by the 
        Chairman, with the approval of the Council, for terms 
        of 2 years, except that the number of members appointed 
        by the Chairman may at no time be less than one-third 
        nor more than two-fifths of the total number of 
        members. The Chairman shall select the members in a 
        manner which will provide broad representation of the 
        views of private citizens and utilize diverse 
        experience. The members shall be members of the 
        practicing bar, scholars in the field of administrative 
        law or government, or others specially informed by 
        knowledge and experience with respect to Federal 
        administrative procedure.
    (c) Members of the Conference, except the Chairman, are not 
entitled to pay for service. Members appointed from outside the 
Federal Government are entitled to travel expenses, including 
per diem instead of subsistence, as authorized by section 5703 
of this title for individuals serving without pay.

Sec. 594. Powers and duties of the Conference

    To carry out the purpose of this subchapter, the 
Administrative Conference of the United States may--
            (1) study the efficiency, adequacy, and fairness of 
        the administrative procedure used by administrative 
        agencies in carrying out administrative programs, and 
        make recommendations to administrative agencies, 
        collectively or individually, and to the President, 
        Congress, or the Judicial Conference of the United 
        States, in connection therewith, as it considers 
        appropriate;
            (2) arrange for interchange among administrative 
        agencies of information potentially useful in improving 
        administrative procedure;
            (3) collect information and statistics from 
        administrative agencies and publish such reports as it 
        considers useful for evaluating and improving 
        administrative procedure;
            (4) enter into arrangements with any administrative 
        agency or major organizational unit within an 
        administrative agency pursuant to which the Conference 
        performs any of the functions described in this 
        section; and
            (5) \1\ provide assistance in response to requests 
        relating to the improvement of administrative procedure 
        in foreign countries, subject to the concurrence of the 
        Secretary of State, the Administrator of the Agency for 
        International Development, or the Director of the 
        United States Information Agency, as appropriate, 
        except that--
---------------------------------------------------------------------------
    \1\ Public Law 102-403 added paragraph (5) ``at the end'' of 
section 594. It probably should have been added after paragraph (4), as 
shown here.
---------------------------------------------------------------------------
                    (A) such assistance shall be limited to the 
                analysis of issues relating to administrative 
                procedure, the provision of training of foreign 
                officials in administrative procedure, and the 
                design or improvement of administrative 
                procedure, where the expertise of members of 
                the Conference is indicated; and
                    (B) such assistance may only be undertaken 
                on a fully reimbursable basis, including all 
                direct and indirect administrative costs.
Payment for services provided by the Conference pursuant to 
paragraph (4) shall be credited to the operating account for 
the Conference and shall remain available until expended.

Sec. 595. Organization of the Conference

    (a) The membership of the Administrative Conference of the 
United States meeting in plenary session constitutes the 
Assembly of the Conference. The Assembly has ultimate authority 
over all activities of the Conference. Specifically, it has the 
power to--
            (1) adopt such recommendations as it considers 
        appropriate for improving administrative procedure. A 
        member who disagrees with a recommendation adopted by 
        the Assembly is entitled to enter a dissenting opinion 
        and an alternate proposal in the record of the 
        Conference proceedings, and the opinion and proposal so 
        entered shall accompany the Conference recommendation 
        in a publication or distribution thereof; and
            (2) adopt bylaws and regulations not inconsistent 
        with this subchapter for carrying out the functions of 
        the Conference, including the creation of such 
        committees as it considers necessary for the conduct of 
        studies and the development of recommendations for 
        consideration by the Assembly.
    (b) The Conference includes a Council composed of the 
Chairman of the Conference, who is Chairman of the Council, and 
10 other members appointed by the President, of whom not more 
than one-half shall be employees of Federal regulatory agencies 
or Executive departments. The President may designate a member 
of the Council as Vice Chairman. During the absence or 
incapacity of the Chairman, or when that office is vacant, the 
Vice Chairman shall serve as Chairman. The term of each member, 
except the Chairman, is 3 years. When the term of a member 
ends, he may continue to serve until a successor is appointed. 
However, the service of any member ends when a change in his 
employment status would make him ineligible for Council 
membership under the conditions of his original appointment. 
The Council has the power to--
            (1) determine the time and place of plenary 
        sessions of the Conference and the agenda for the 
        sessions. The Council shall call at least one plenary 
        session each year;
            (2) propose bylaws and regulations, including rules 
        of procedure and committee organization, for adoption 
        by the Assembly;
            (3) make recommendations to the Conference or its 
        committees on a subject germane to the purpose of the 
        Conference;
            (4) receive and consider reports and 
        recommendations of committees of the Conference and 
        send them to members of the Conference with the views 
        and recommendations of the Council;
            (5) designate a member of the Council to preside at 
        meetings of the Council in the absence or incapacity of 
        the Chairman and Vice Chairman;
            (6) designate such additional officers of the 
        Conference as it considers desirable;
            (7) approve or revise the budgetary proposals of 
        the Chairman; and
            (8) exercise such other powers as may be delegated 
        to it by the Assembly.
    (c) The Chairman is the chief executive of the Conference. 
In that capacity he has the power to--
            (1) make inquiries into matters he considers 
        important for Conference consideration, including 
        matters proposed by individuals inside or outside the 
        Federal Government;
            (2) be the official spokesman for the Conference in 
        relations with the several branches and agencies of the 
        Federal Government and with interested organizations 
        and individuals outside the Government, including 
        responsibility for encouraging Federal agencies to 
        carry out the recommendations of the Conference;
            (3) request agency heads to provide information 
        needed by the Conference, which information shall be 
        supplied to the extent permitted by law;
            (4) recommend to the Council appropriate subjects 
        for action by the Conference;
            (5) appoint, with the approval of the Council, 
        members of committees authorized by the bylaws and 
        regulations of the Conference;
            (6) prepare, for approval of the Council, estimates 
        of the budgetary requirements of the Conference;
            (7) appoint and fix the pay of employees, define 
        their duties and responsibilities, and direct and 
        supervise their activities;
            (8) rent office space in the District of Columbia;
            (9) provide necessary services for the Assembly, 
        the Council, and the committees of the Conference;
            (10) organize and direct studies ordered by the 
        Assembly or the Council, to contract for the 
        performance of such studies with any public or private 
        persons, firm, association, corporation, or institution 
        under title III of the Federal Property and 
        Administrative Services Act of 1949, as amended (41 
        U.S.C. 251-260), and to use from time to time, as 
        appropriate, experts and consultants who may be 
        employed in accordance with section 3109 of this title 
        at rates not in excess of the maximum rate of pay for 
        grade GS-15 as provided in section 5332 of this title;
            (11) utilize, with their consent, the services and 
        facilities of Federal agencies and of State and private 
        agencies and instrumentalities with or without 
        reimbursement;
            (12) accept, hold, administer, and utilize gifts, 
        devises, and bequests of property, both real and 
        personal, for the purpose of aiding and facilitating 
        the work of the Conference. Gifts and bequests of money 
        and proceeds from sales of other property received as 
        gifts, devises, or bequests shall be deposited in the 
        Treasury and shall be disbursed upon the order of the 
        Chairman. Property accepted pursuant to this section, 
        and the proceeds thereof, shall be used as nearly as 
        possible in accordance with the terms of the gifts, 
        devises, or bequests. For purposes of Federal income, 
        estate, or gift taxes, property accepted under this 
        section shall be considered as a gift, devise, or 
        bequest to the United States;
            (13) accept voluntary and uncompensated services, 
        notwithstanding the provisions of section 1342 of title 
        31;
            (14) on request of the head of an agency, furnish 
        assistance and advice on matters of administrative 
        procedure;
            (15) exercise such additional authority as the 
        Council or Assembly delegates to him; and
            (16) request any administrative agency to notify 
        the Chairman of its intent to enter into any contract 
        with any person outside the agency to study the 
        efficiency, adequacy, of fairness of an agency 
        proceeding (as defined in section 551(12) of this 
        title).
The Chairman shall preside at meetings of the Council and at 
each plenary session of the Conference, to which he shall make 
a full report concerning the affairs of the Conference since 
the last preceding plenary session. The Chairman, on behalf of 
the Conference, shall transmit to the President and Congress an 
annual report and such interim reports as he considers 
desirable.

Sec. 596. Authorization of appropriations

    There are authorized to be appropriated to carry out the 
purposes of this subchapter not more than $2,000,000 for fiscal 
year 1990, $2,100,000 for fiscal year 1991, $2,200,000 for 
fiscal year 1992, $2,300,000 for fiscal year 1993, and 
$2,400,000 for fiscal year 1994. Of any amounts appropriated 
under this section, not more than $1,500 may be made available 
in each fiscal year for official representation and 
entertainment expenses for foreign dignitaries.



            CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS

Sec.
601.    Definitions.
602.    Regulatory agenda.
603.    Initial regulatory flexibility analysis.
604.    Final regulatory flexibility analysis.
605.    Avoidance of duplicative or unnecessary analyses.
606.    Effect on other law.
607.    Preparation of analyses.
608.    Procedure for waiver or delay of completion.
609.    Procedures for gathering comments.
610.    Periodic review of rules.
611.    Judicial review.
612.    Reports and intervention rights.

Sec. 601. Definitions

    For purposes of this chapter--
            (1) the term ``agency'' means an agency as defined 
        in section 551(1) of this title;
            (2) the term ``rule'' means any rule for which the 
        agency publishes a general notice of proposed 
        rulemaking pursuant to section 553(b) of this title, or 
        any other law, including any rule of general 
        applicability governing Federal grants to State and 
        local governments for which the agency provides an 
        opportunity for notice and public comment, except that 
        the term ``rule'' does not include a rule of particular 
        applicability relating to rates, wages, corporate or 
        financial structures or reorganizations thereof, 
        prices, facilities, appliances, services, or allowances 
        therefor or to valuations, costs or accounting, or 
        practices relating to such rates, wages, structures, 
        prices, appliances, services, or allowances;
            (3) the term ``small business'' has the same 
        meaning as the term ``small business concern'' under 
        section 3 of the Small Business Act, unless an agency, 
        after consultation with the Office of Advocacy of the 
        Small Business Administration and after opportunity for 
        public comment, establishes one or more definitions of 
        such term which are appropriate to the activities of 
        the agency and publishes such definition(s) in the 
        Federal Register;
            (4) the term ``small organization'' means any not-
        for-profit enterprise which is independently owned and 
        operated and is not dominant in its field, unless an 
        agency establishes, after opportunity for public 
        comment, one or more definitions of such term which are 
        appropriate to the activities of the agency and 
        publishes such definition(s) in the Federal Register;
            (5) the term ``small governmental jurisdiction'' 
        means governments of cities, counties, towns, 
        townships, villages, school districts, or special 
        districts, with a population of less than fifty 
        thousand, unless an agency establishes, after 
        opportunity for public comment, one or more definitions 
        of such term which are appropriate to the activities of 
        the agency and which are based on such factors as 
        location in rural or sparsely populated areas or 
        limited revenues due to the population of such 
        jurisdiction, and publishes such definition(s) in the 
        Federal Register;
            (6) the term ``small entity'' shall have the same 
        meaning as the terms ``small business'', ``small 
        organization'' and ``small governmental jurisdiction'' 
        defined in paragraphs (3), (4) and (5) of this section; 
        and \1\
            (7) the term ``collection of information''--
                    (A) means the obtaining, causing to be 
                obtained, soliciting, or requiring the 
                disclosure to third parties or the public, of 
                facts or opinions by or for an agency, 
                regardless of form or format, calling for 
                either--
                            (i) answers to identical questions 
                        posed to, or identical reporting or 
                        recordkeeping requirements imposed on, 
                        10 or more persons, other than 
                        agencies, instrumentalities, or 
                        employees of the United States; or
                            (ii) answers to questions posed to 
                        agencies, instrumentalities, or 
                        employees of the United States which 
                        are to be used for general statistical 
                        purposes; and
                    (B) shall not include a collection of 
                information described under section 3518(c)(1) 
                of title 44, United States Code. \1\
            (8) \1\ Recordkeeping requirement.--The term 
        ``recordkeeping requirement'' means a requirement 
        imposed by an agency on persons to maintain specified 
        records.
---------------------------------------------------------------------------
    \1\ So in law. Section 241(a)(2) of P.L. 104-121 (110 Stat. 864) 
amended paragraph (6) by striking the period and inserting ``; and'', 
and added new paragraphs (7) and (8).
---------------------------------------------------------------------------

Sec. 602. Regulatory agenda

    (a) During the months of October and April of each year, 
each agency shall publish in the Federal Register a regulatory 
flexibility agenda which shall contain--
            (1) a brief description of the subject area of any 
        rule which the agency expects to propose or promulgate 
        which is likely to have a significant economic impact 
        on a substantial number of small entities;
            (2) a summary of the nature of any such rule under 
        consideration for each subject area listed in the 
        agenda pursuant to paragraph (1), the objectives and 
        legal basis for the issuance of the rule, and an 
        approximate schedule for completing action on any rule 
        for which the agency has issued a general notice of 
        proposed rulemaking,\2\ and
---------------------------------------------------------------------------
    \2\ So in original. The comma probably should be a semicolon.
---------------------------------------------------------------------------
            (3) the name and telephone number of an agency 
        official knowledgeable concerning the items listed in 
        paragraph (1).
    (b) Each regulatory flexibility agenda shall be transmitted 
to the Chief Counsel for Advocacy of the Small Business 
Administration for comment, if any.
    (c) Each agency shall endeavor to provide notice of each 
regulatory flexibility agenda to small entities or their 
representatives through direct notification or publication of 
the agenda in publications likely to be obtained by such small 
entities and shall invite comments upon each subject area on 
the agenda.
    (d) Nothing in this section precludes an agency from 
considering or acting on any matter not included in a 
regulatory flexibility agenda, or requires an agency to 
consider or act on any matter listed in such agenda.

Sec. 603. Initial regulatory flexibility analysis

    (a) Whenever an agency is required by section 553 of this 
title, or any other law, to publish general notice of proposed 
rulemaking for any proposed rule, or publishes a notice of 
proposed rulemaking for an interpretative rule involving the 
internal revenue laws of the United States, the agency shall 
prepare and make available for public comment an initial 
regulatory flexibility analysis. Such analysis shall describe 
the impact of the proposed rule on small entities. The initial 
regulatory flexibility analysis or a summary shall be published 
in the Federal Register at the time of the publication of 
general notice of proposed rulemaking for the rule. The agency 
shall transmit a copy of the initial regulatory flexibility 
analysis to the Chief Counsel for Advocacy of the Small 
Business Administration. In the case of an interpretative rule 
involving the internal revenue laws of the United States, this 
chapter applies to interpretative rules published in the 
Federal Register for codification in the Code of Federal 
Regulations, but only to the extent that such interpretative 
rules impose on small entities a collection of information 
requirement.
    (b) Each initial regulatory flexibility analysis required 
under this section shall contain--
            (1) a description of the reasons why action by the 
        agency is being considered;
            (2) a succinct statement of the objectives of, and 
        legal basis for, the proposed rule;
            (3) a description of and, where feasible, an 
        estimate of the number of small entities to which the 
        proposed rule will apply;
            (4) a description of the projected reporting, 
        recordkeeping and other compliance requirements of the 
        proposed rule, including an estimate of the classes of 
        small entities which will be subject to the requirement 
        and the type of professional skills necessary for 
        preparation of the report or record;\1\
---------------------------------------------------------------------------
    \1\ So in law. Probably should be ``; and''.
---------------------------------------------------------------------------
            (5) an identification, to the extent practicable, 
        of all relevant Federal rules which may duplicate, 
        overlap or conflict with the proposed rule.
    (c) Each initial regulatory flexibility analysis shall also 
contain a description of any significant alternatives to the 
proposed rule which accomplish the stated objectives of 
applicable statutes and which minimize any significant economic 
impact of the proposed rule on small entities. Consistent with 
the stated objectives of applicable statutes, the analysis 
shall discuss significant alternatives such as--
            (1) the establishment of differing compliance or 
        reporting requirements or timetables that take into 
        account the resources available to small entities;
            (2) the clarification, consolidation, or 
        simplification of compliance and reporting requirements 
        under the rule for such small entities;
            (3) the use of performance rather than design 
        standards; and
            (4) an exemption from coverage of the rule, or any 
        part thereof, for such small entities.

Sec. 604. Final regulatory flexibility analysis

    (a) When an agency promulgates a final rule under section 
553 of this title, after being required by that section or any 
other law to publish a general notice of proposed rulemaking, 
or promulgates a final interpretative rule involving the 
internal revenue laws of the United States as described in 
section 603(a), the agency shall prepare a final regulatory 
flexibility analysis. Each final regulatory flexibility 
analysis shall contain--
            (1) a succinct statement of the need for, and 
        objectives of, the rule;
            (2) a summary of the significant issues raised by 
        the public comments in response to the initial 
        regulatory flexibility analysis, a summary of the 
        assessment of the agency of such issues, and a 
        statement of any changes made in the proposed rule as a 
        result of such comments;
            (3) a description of and an estimate of the number 
        of small entities to which the rule will apply or an 
        explanation of why no such estimate is available;
            (4) a description of the projected reporting, 
        recordkeeping and other compliance requirements of the 
        rule, including an estimate of the classes of small 
        entities which will be subject to the requirement and 
        the type of professional skills necessary for 
        preparation of the report or record; and
            (5) a description of the steps the agency has taken 
        to minimize the significant economic impact on small 
        entities consistent with the stated objectives of 
        applicable statutes, including a statement of the 
        factual, policy, and legal reasons for selecting the 
        alternative adopted in the final rule and why each one 
        of the other significant alternatives to the rule 
        considered by the agency which affect the impact on 
        small entities was rejected.
    (b) The agency shall make copies of the final regulatory 
flexibility analysis available to members of the public and 
shall publish in the Federal Register such analysis or a 
summary thereof.

Sec. 605. Avoidance of duplicative or unnecessary analyses

    (a) Any Federal agency may perform the analyses required by 
sections 602, 603, and 604 of this title in conjunction with or 
as a part of any other agenda or analysis required by any other 
law if such other analysis satisfies the provisions of such 
sections.
    (b) Sections 603 and 604 of this title shall not apply to 
any proposed or final rule if the head of the agency certifies 
that the rule will not, if promulgated, have a significant 
economic impact on a substantial number of small entities. If 
the head of the agency makes a certification under the 
preceding sentence, the agency shall publish such certification 
in the Federal Register at the time of publication of general 
notice of proposed rulemaking for the rule or at the time of 
publication of the final rule, along with a statement providing 
the factual basis for such certification. The agency shall 
provide such certification and statement to the Chief Counsel 
for Advocacy of the Small Business Administration.
    (c) In order to avoid duplicative action, an agency may 
consider a series of closely related rules as one rule for the 
purposes of sections 602, 603, 604 and 610 of this title.

Sec. 606. Effect on other law

    The requirements of sections 603 and 604 of this title do 
not alter in any manner standards otherwise applicable by law 
to agency action.

Sec. 607. Preparation of analyses

    In complying with the provisions of sections 603 and 604 of 
this title, an agency may provide either a quantifiable or 
numerical description of the effects of a proposed rule or 
alternatives to the proposed rule, or more general descriptive 
statements if quantification is not practicable or reliable.

Sec. 608. Procedure for waiver or delay of completion

    (a) An agency head may waive or delay the completion of 
some or all of the requirements of section 603 of this title by 
publishing in the Federal Register, not later than the date of 
publication of the final rule, a written finding, with reasons 
therefor, that the final rule is being promulgated in response 
to an emergency that makes compliance or timely compliance with 
the provisions of section 603 of this title impracticable.
    (b) Except as provided in section 605(b), an agency head 
may not waive the requirements of section 604 of this title. An 
agency head may delay the completion of the requirements of 
section 604 of this title for a period of not more than one 
hundred and eighty days after the date of publication in the 
Federal Register of a final rule by publishing in the Federal 
Register, not later than such date of publication, a written 
finding, with reasons therefor, that the final rule is being 
promulgated in response to an emergency that makes timely 
compliance with the provisions of section 604 of this title 
impracticable. If the agency has not prepared a final 
regulatory analysis pursuant to section 604 of this title 
within one hundred and eighty days from the date of publication 
of the final rule, such rule shall lapse and have no effect. 
Such rule shall not be repromulgated until a final regulatory 
flexibility analysis has been completed by the agency.

Sec. 609. Procedures for gathering comments

    (a) When any rule is promulgated which will have a 
significant economic impact on a substantial number of small 
entities, the head of the agency promulgating the rule or the 
official of the agency with statutory responsibility for the 
promulgation of the rule shall assure that small entities have 
been given an opportunity to participate in the rulemaking for 
the rule through techniques \1\ such as--
---------------------------------------------------------------------------
    \1\ Section 244(a)(1) of P.L. 104-121 (110 Stat. 867) attempted to 
amend section 609 by inserting ``the reasonable use of'' before 
``techniques,''. No comma appears after ``techniques'', therefore the 
amendment was not executed.
---------------------------------------------------------------------------
            (1) the inclusion in an advanced notice of proposed 
        rulemaking, if issued, of a statement that the proposed 
        rule may have a significant economic effect on a 
        substantial number of small entities;
            (2) the publication of general notice of proposed 
        rulemaking in publications likely to be obtained by 
        small entities;
            (3) the direct notification of interested small 
        entities;
            (4) the conduct of open conferences or public 
        hearings concerning the rule for small entities 
        including soliciting and receiving comments over 
        computer networks; and
            (5) the adoption or modification of agency 
        procedural rules to reduce the cost or complexity of 
        participation in the rulemaking by small entities.
    (b) Prior to publication of an initial regulatory 
flexibility analysis which a covered agency is required to 
conduct by this chapter--
            (1) a covered agency shall notify the Chief Counsel 
        for Advocacy of the Small Business Administration and 
        provide the Chief Counsel with information on the 
        potential impacts of the proposed rule on small 
        entities and the type of small entities that might be 
        affected;
            (2) not later than 15 days after the date of 
        receipt of the materials described in paragraph (1), 
        the Chief Counsel shall identify individuals 
        representative of affected small entities for the 
        purpose of obtaining advice and recommendations from 
        those individuals about the potential impacts of the 
        proposed rule;
            (3) the agency shall convene a review panel for 
        such rule consisting wholly of full time Federal 
        employees of the office within the agency responsible 
        for carrying out the proposed rule, the Office of 
        Information and Regulatory Affairs within the Office of 
        Management and Budget, and the Chief Counsel;
            (4) the panel shall review any material the agency 
        has prepared in connection with this chapter, including 
        any draft proposed rule, collect advice and 
        recommendations of each individual small entity 
        representative identified by the agency after 
        consultation with the Chief Counsel, on issues related 
        to subsections 603(b), paragraphs (3), (4) and (5) and 
        603(c); \2\
---------------------------------------------------------------------------
    \2\ So in law. See section 244(a)(4) of Public Law 104-121 (110 
Stat. 867).
---------------------------------------------------------------------------
            (5) not later than 60 days after the date a covered 
        agency convenes a review panel pursuant to paragraph 
        (3), the review panel shall report on the comments of 
        the small entity representatives and its findings as to 
        issues related to subsections 603(b), paragraphs (3), 
        (4) and (5) and 603(c) \2\, provided that such report 
        shall be made public as part of the rulemaking record; 
        and
            (6) where appropriate, the agency shall modify the 
        proposed rule, the initial regulatory flexibility 
        analysis or the decision on whether an initial 
        regulatory flexibility analysis is required.
    (c) An agency may in its discretion apply subsection (b) to 
rules that the agency intends to certify under subsection 
605(b), but the agency believes may have a greater than de 
minimis impact on a substantial number of small entities.
    (d) For purposes of this section, the term ``covered 
agency'' means the Environmental Protection Agency and the 
Occupational Safety and Health Administration of the Department 
of Labor.
    (e) The Chief Counsel for Advocacy, in consultation with 
the individuals identified in subsection (b)(2), and with the 
Administrator of the Office of Information and Regulatory 
Affairs within the Office of Management and Budget, may waive 
the requirements of subsections (b)(3), (b)(4), and (b)(5) by 
including in the rulemaking record a written finding, with 
reasons therefor, that those requirements would not advance the 
effective participation of small entities in the rulemaking 
process. For purposes of this subsection, the factors to be 
considered in making such a finding are as follows:
            (1) In developing a proposed rule, the extent to 
        which the covered agency consulted with individuals 
        representative of affected small entities with respect 
        to the potential impacts of the rule and took such 
        concerns into consideration.
            (2) Special circumstances requiring prompt issuance 
        of the rule.
            (3) Whether the requirements of subsection (b) 
        would provide the individuals identified in subsection 
        (b)(2) with a competitive advantage relative to other 
        small entities.

Sec. 610. Periodic review of rules

    (a) Within one hundred and eighty days after the effective 
date of this chapter, each agency shall publish in the Federal 
Register a plan for the periodic review of the rules issued by 
the agency which have or will have a significant economic 
impact upon a substantial number of small entities. Such plan 
may be amended by the agency at any time by publishing the 
revision in the Federal Register. The purpose of the review 
shall be to determine whether such rules should be continued 
without change, or should be amended or rescinded, consistent 
with the stated objectives of applicable statutes, to minimize 
any significant economic impact of the rules upon a substantial 
number of such small entities. The plan shall provide for the 
review of all such agency rules existing on the effective date 
of this chapter within ten years of that date and for the 
review of such rules adopted after the effective date of this 
chapter within ten years of the publication of such rules as 
the final rule. If the head of the agency determines that 
completion of the review of existing rules is not feasible by 
the established date, he shall so certify in a statement 
published in the Federal Register and may extend the completion 
date by one year at a time for a total of not more than five 
years.
    (b) In reviewing rules to minimize any significant economic 
impact of the rule on a substantial number of small entities in 
a manner consistent with the stated objectives of applicable 
statutes, the agency shall consider the following factors--
            (1) the continued need for the rule;
            (2) the nature of complaints or comments received 
        concerning the rule from the public;
            (3) the complexity of the rule;
            (4) the extent to which the rule overlaps, 
        duplicates or conflicts with other Federal rules, and, 
        to the extent feasible, with State and local 
        governmental rules; and
            (5) the length of time since the rule has been 
        evaluated or the degree to which technology, economic 
        conditions, or other factors have changed in the area 
        affected by the rule.
    (c) Each year, each agency shall publish in the Federal 
Register a list of the rules which have a significant economic 
impact on a substantial number of small entities, which are to 
be reviewed pursuant to this section during the succeeding 
twelve months. The list shall include a brief description of 
each rule and the need for and legal basis of such rule and 
shall invite public comment upon the rule.

Sec. 611. Judicial review

    (a)(1) For any rule subject to this chapter, a small entity 
that is adversely affected or aggrieved by final agency action 
is entitled to judicial review of agency compliance with the 
requirements of sections 601, 604, 605(b), 608(b), and 610 in 
accordance with chapter 7. Agency compliance with sections 607 
and 609(a) shall be judicially reviewable in connection with 
judicial review of section 604.
    (2) Each court having jurisdiction to review such rule for 
compliance with section 553, or under any other provision of 
law, shall have jurisdiction to review any claims of 
noncompliance with sections 601, 604, 605(b), 608(b), and 610 
in accordance with chapter 7. Agency compliance with sections 
607 and 609(a) shall be judicially reviewable in connection 
with judicial review of section 604.
    (3)(A) A small entity may seek such review during the 
period beginning on the date of final agency action and ending 
one year later, except that where a provision of law requires 
that an action challenging a final agency action be commenced 
before the expiration of one year, such lesser period shall 
apply to an action for judicial review under this section.
    (B) In the case where an agency delays the issuance of a 
final regulatory flexibility analysis pursuant to section 
608(b) of this chapter, an action for judicial review under 
this section shall be filed not later than--
            (i) one year after the date the analysis is made 
        available to the public, or
            (ii) where a provision of law requires that an 
        action challenging a final agency regulation be 
        commenced before the expiration of the 1-year period, 
        the number of days specified in such provision of law 
        that is after the date the analysis is made available 
        to the public.
    (4) In granting any relief in an action under this section, 
the court shall order the agency to take corrective action 
consistent with this chapter and chapter 7, including, but not 
limited to--
            (A) remanding the rule to the agency, and
            (B) deferring the enforcement of the rule against 
        small entities unless the court finds that continued 
        enforcement of the rule is in the public interest.
    (5) Nothing in this subsection shall be construed to limit 
the authority of any court to stay the effective date of any 
rule or provision thereof under any other provision of law or 
to grant any other relief in addition to the requirements of 
this section.
    (b) In an action for the judicial review of a rule, the 
regulatory flexibility analysis for such rule, including an 
analysis prepared or corrected pursuant to paragraph (a)(4), 
shall constitute part of the entire record of agency action in 
connection with such review.
    (c) Compliance or noncompliance by an agency with the 
provisions of this chapter shall be subject to judicial review 
only in accordance with this section.
    (d) Nothing in this section bars judicial review of any 
other impact statement or similar analysis required by any 
other law if judicial review of such statement or analysis is 
otherwise permitted by law.

Sec. 612. Reports and intervention rights

    (a) The Chief Counsel for Advocacy of the Small Business 
Administration shall monitor agency compliance with this 
chapter and shall report at least annually thereon to the 
President and to the Committees on the Judiciary of the Senate 
and House of Representatives, the Select Committee on Small 
Business of the Senate, and the Committee on Small Business of 
the House of Representatives.\1\
---------------------------------------------------------------------------
    \1\ Section 243(b)(1) of Public Law 104-121 attempted to amend 
section 612(a) by striking ``the committees on the Judiciary of the 
Senate and the House of Representatives, the Select Committee on Small 
Business of the Senate, and the Committee on Small Business of the 
House of Representatives'' and inserting ``the Committees on the 
Judiciary and Small Business of the Senate and House of 
Representatives''. The amendment was not executed because the matter 
proposed to be struck is not an exact statement of the law.
---------------------------------------------------------------------------
    (b) The Chief Counsel for Advocacy of the Small Business 
Administration is authorized to appear as amicus curiae in any 
action brought in a court of the United States to review a 
rule. In any such action, the Chief Counsel is authorized to 
present his or her views with respect to compliance with this 
chapter, the adequacy of the rulemaking record with respect to 
small entities and the effect of the rule on small entities.
    (c) A court of the United States shall grant the 
application of the Chief Counsel for Advocacy of the Small 
Business Administration to appear in any such action for the 
purposes described in subsection (b).


                       CHAPTER 7--JUDICIAL REVIEW

Sec.
701.    Application; definitions.
702.    Right of review.
703.    Form and venue of proceeding.
704.    Actions reviewable.
705.    Relief pending review.
706.    Scope of review.

Sec. 701. Application; definitions

    (a) This chapter applies, according to the provisions 
thereof, except to the extent that--
            (1) statutes preclude judicial review; or
            (2) agency action is committed to agency discretion 
        by law.
    (b) For the purpose of this chapter--
            (1) ``agency'' means each authority of the 
        Government of the United States, whether or not it is 
        within or subject to review by another agency, but does 
        not include--
                    (A) the Congress;
                    (B) the courts of the United States;
                    (C) the governments of the territories or 
                possessions of the United States;
                    (D) the government of the District of 
                Columbia;
                    (E) agencies composed of representatives of 
                the parties or of representatives of 
                organizations of the parties to the disputes 
                determined by them;
                    (F) courts martial and military 
                commissions;
                    (G) military authority exercised in the 
                field in time of war or in occupied territory; 
                or
                    (H) functions conferred by sections 1738, 
                1739, 1743, and 1744 of title 12; chapter 2 of 
                title 41; subchapter II of chapter 471 of title 
                49; or sections 1884, 1891-1902, and former 
                section 1641(b)(2), of title 50, appendix; and
            (2) ``person'', ``rule'', ``order'', ``license'', 
        ``sanction'', ``relief'', and ``agency action'' have 
        the meanings given them by section 551 of this title.

Sec. 702. Right of review

    A person suffering legal wrong because of agency action, or 
adversely affected or aggrieved by agency action within the 
meaning of a relevant statute, is entitled to judicial review 
thereof. An action in a court of the United States seeking 
relief other than money damages and stating a claim that an 
agency or an officer or employee thereof acted or failed to act 
in an official capacity or under color of legal authority shall 
not be dismissed nor relief therein be denied on the ground 
that it is against the United States or that the United States 
is an indispensable party. The United States may be named as a 
defendant in any such action, and a judgment or decree may be 
entered against the United States: Provided, That any mandatory 
or injunctive decree shall specify the Federal officer or 
officers (by name or by title), and their successors in office, 
personally responsible for compliance. Nothing herein (1) 
affects other limitations on judicial review or the power or 
duty of the court to dismiss any action or deny relief on any 
other appropriate legal or equitable ground; or (2) confers 
authority to grant relief if any other statute that grants 
consent to suit expressly or impliedly forbids the relief which 
is sought.

Sec. 703. Form and venue of proceeding

    The form of proceeding for judicial review is the special 
statutory review proceeding relevant to the subject matter in a 
court specified by statute or, in the absence or inadequacy 
thereof, any applicable form of legal action, including actions 
for declaratory judgments or writs of prohibitory or mandatory 
injunction or habeas corpus, in a court of competent 
jurisdiction. If no special statutory review proceeding is 
applicable, the action for judicial review may be brought 
against the United States, the agency by its official title, or 
the appropriate officer. Except to the extent that prior, 
adequate, and exclusive opportunity for judicial review is 
provided by law, agency action is subject to judicial review in 
civil or criminal proceedings for judicial enforcement.

Sec. 704. Actions reviewable

    Agency action made reviewable by statute and final agency 
action for which there is no other adequate remedy in a court 
are subject to judicial review. A preliminary, procedural, or 
intermediate agency action or ruling not directly reviewable is 
subject to review on the review of the final agency action. 
Except as otherwise expressly required by statute, agency 
action otherwise final is final for the purposes of this 
section whether or not there has been presented or determined 
an application for a declaratory order, for any form of 
reconsideration, or, unless the agency otherwise requires by 
rule and provides that the action meanwhile is inoperative, for 
an appeal to superior agency authority.

Sec. 705. Relief pending review

    When an agency finds that justice so requires, it may 
postpone the effective date of action taken by it, pending 
judicial review. On such conditions as may be required and to 
the extent necessary to prevent irreparable injury, the 
reviewing court, including the court to which a case may be 
taken on appeal from or on application for certiorari or other 
writ to a reviewing court, may issue all necessary and 
appropriate process to postpone the effective date of an agency 
action or to preserve status or rights pending conclusion of 
the review proceedings.

Sec. 706. Scope of review

    To the extent necessary to decision and when presented, the 
reviewing court shall decide all relevant questions of law, 
interpret constitutional and statutory provisions, and 
determine the meaning or applicability of the terms of an 
agency action. The reviewing court shall--
            (1) compel agency action unlawfully withheld or 
        unreasonably delayed; and
            (2) hold unlawful and set aside agency action, 
        findings, and conclusions found to be--
                    (A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with 
                law;
                    (B) contrary to constitutional right, 
                power, privilege, or immunity;
                    (C) in excess of statutory jurisdiction, 
                authority, or limitations, or short of 
                statutory right;
                    (D) without observance of procedure 
                required by law;
                    (E) unsupported by substantial evidence in 
                a case subject to sections 556 and 557 of this 
                title or otherwise reviewed on the record of an 
                agency hearing provided by statute; or
                    (F) unwarranted by the facts to the extent 
                that the facts are subject to trial de novo by 
                the reviewing court.
In making the foregoing determinations, the court shall review 
the whole record or those parts of it cited by a party, and due 
account shall be taken of the rule of prejudicial error.


          CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

Sec.
801.    Congressional review.
802.    Congressional disapproval procedure.
803.    Special rule on statutory, regulatory, and judicial deadlines.
804.    Definitions.
805.    Judicial review.
806.    Applicability; severability.
807.    Exemption for monetary policy.
808.    Effective date of certain rules.

Sec. 801. Congressional review

    (a)(1)(A) Before a rule can take effect, the Federal agency 
promulgating such rule shall submit to each House of the 
Congress and to the Comptroller General a report containing--
            (i) a copy of the rule;
            (ii) a concise general statement relating to the 
        rule, including whether it is a major rule; and
            (iii) the proposed effective date of the rule.
    (B) On the date of the submission of the report under 
subparagraph (A), the Federal agency promulgating the rule 
shall submit to the Comptroller General and make available to 
each House of Congress--
            (i) a complete copy of the cost-benefit analysis of 
        the rule, if any;
            (ii) the agency's actions relevant to sections 603, 
        604, 605, 607, and 609;
            (iii) the agency's actions relevant to sections 
        202, 203, 204, and 205 of the Unfunded Mandates Reform 
        Act of 1995; and
            (iv) any other relevant information or requirements 
        under any other Act and any relevant Executive orders.
    (C) Upon receipt of a report submitted under subparagraph 
(A), each House shall provide copies of the report to the 
chairman and ranking member of each standing committee with 
jurisdiction under the rules of the House of Representatives or 
the Senate to report a bill to amend the provision of law under 
which the rule is issued.
    (2)(A) The Comptroller General shall provide a report on 
each major rule to the committees of jurisdiction in each House 
of the Congress by the end of 15 calendar days after the 
submission or publication date as provided in section 
802(b)(2). The report of the Comptroller General shall include 
an assessment of the agency's compliance with procedural steps 
required by paragraph (1)(B).
    (B) Federal agencies shall cooperate with the Comptroller 
General by providing information relevant to the Comptroller 
General's report under subparagraph (A).
    (3) A major rule relating to a report submitted under 
paragraph (1) shall take effect on the latest of--
            (A) the later of the date occurring 60 days after 
        the date on which--
                    (i) the Congress receives the report 
                submitted under paragraph (1); or
                    (ii) the rule is published in the Federal 
                Register, if so published;
            (B) if the Congress passes a joint resolution of 
        disapproval described in section 802 relating to the 
        rule, and the President signs a veto of such 
        resolution, the earlier date--
                    (i) on which either House of Congress votes 
                and fails to override the veto of the 
                President; or
                    (ii) occurring 30 session days after the 
                date on which the Congress received the veto 
                and objections of the President; or
            (C) the date the rule would have otherwise taken 
        effect, if not for this section (unless a joint 
        resolution of disapproval under section 802 is 
        enacted).
    (4) Except for a major rule, a rule shall take effect as 
otherwise provided by law after submission to Congress under 
paragraph (1).
    (5) Notwithstanding paragraph (3), the effective date of a 
rule shall not be delayed by operation of this chapter beyond 
the date on which either House of Congress votes to reject a 
joint resolution of disapproval under section 802.
    (b)(1) A rule shall not take effect (or continue), if the 
Congress enacts a joint resolution of disapproval, described 
under section 802, of the rule.
    (2) A rule that does not take effect (or does not continue) 
under paragraph (1) may not be reissued in substantially the 
same form, and a new rule that is substantially the same as 
such a rule may not be issued, unless the reissued or new rule 
is specifically authorized by a law enacted after the date of 
the joint resolution disapproving the original rule.
    (c)(1) Notwithstanding any other provision of this section 
(except subject to paragraph (3)), a rule that would not take 
effect by reason of subsection (a)(3) may take effect, if the 
President makes a determination under paragraph (2) and submits 
written notice of such determination to the Congress.
    (2) Paragraph (1) applies to a determination made by the 
President by Executive order that the rule should take effect 
because such rule is--
            (A) necessary because of an imminent threat to 
        health or safety or other emergency;
            (B) necessary for the enforcement of criminal laws;
            (C) necessary for national security; or
            (D) issued pursuant to any statute implementing an 
        international trade agreement.
    (3) An exercise by the President of the authority under 
this subsection shall have no effect on the procedures under 
section 802 or the effect of a joint resolution of disapproval 
under this section.
    (d)(1) In addition to the opportunity for review otherwise 
provided under this chapter, in the case of any rule for which 
a report was submitted in accordance with subsection (a)(1)(A) 
during the period beginning on the date occurring--
            (A) in the case of the Senate, 60 session days, or
            (B) in the case of the House of Representatives, 60 
        legislative days,
before the date the Congress adjourns a session of Congress 
through the date on which the same or succeeding Congress first 
convenes its next session, section 802 shall apply to such rule 
in the succeeding session of Congress.
    (2)(A) In applying section 802 for purposes of such 
additional review, a rule described under paragraph (1) shall 
be treated as though--
            (i) such rule were published in the Federal 
        Register (as a rule that shall take effect) on--
                    (I) in the case of the Senate, the 15th 
                session day, or
                    (II) in the case of the House of 
                Representatives, the 15th legislative day,
        after the succeeding session of Congress first 
        convenes; and
            (ii) a report on such rule were submitted to 
        Congress under subsection (a)(1) on such date.
    (B) Nothing in this paragraph shall be construed to affect 
the requirement under subsection (a)(1) that a report shall be 
submitted to Congress before a rule can take effect.
    (3) A rule described under paragraph (1) shall take effect 
as otherwise provided by law (including other subsections of 
this section).
    (e)(1) For purposes of this subsection, section 802 shall 
also apply to any major rule promulgated between March 1, 1996, 
and the date of the enactment of this chapter.
    (2) In applying section 802 for purposes of Congressional 
review, a rule described under paragraph (1) shall be treated 
as though--
            (A) such rule were published in the Federal 
        Register on the date of enactment of this chapter; and
            (B) a report on such rule were submitted to 
        Congress under subsection (a)(1) on such date.
    (3) The effectiveness of a rule described under paragraph 
(1) shall be as otherwise provided by law, unless the rule is 
made of no force or effect under section 802.
    (f) Any rule that takes effect and later is made of no 
force or effect by enactment of a joint resolution under 
section 802 shall be treated as though such rule had never 
taken effect.
    (g) If the Congress does not enact a joint resolution of 
disapproval under section 802 respecting a rule, no court or 
agency may infer any intent of the Congress from any action or 
inaction of the Congress with regard to such rule, related 
statute, or joint resolution of disapproval.

Sec. 802. Congressional disapproval procedure

    (a) For purposes of this section, the term ``joint 
resolution'' means only a joint resolution introduced in the 
period beginning on the date on which the report referred to in 
section 801(a)(1)(A) is received by Congress and ending 60 days 
thereafter (excluding days either House of Congress is 
adjourned for more than 3 days during a session of Congress), 
the matter after the resolving clause of which is as follows: 
``That Congress disapproves the rule submitted by the ____ 
relating to ____, and such rule shall have no force or 
effect.'' (The blank spaces being appropriately filled in).
    (b)(1) A joint resolution described in subsection (a) shall 
be referred to the committees in each House of Congress with 
jurisdiction.
    (2) For purposes of this section, the term ``submission or 
publication date'' means the later of the date on which--
            (A) the Congress receives the report submitted 
        under section 801(a)(1); or
            (B) the rule is published in the Federal Register, 
        if so published.
    (c) In the Senate, if the committee to which is referred a 
joint resolution described in subsection (a) has not reported 
such joint resolution (or an identical joint resolution) at the 
end of 20 calendar days after the submission or publication 
date defined under subsection (b)(2), such committee may be 
discharged from further consideration of such joint resolution 
upon a petition supported in writing by 30 Members of the 
Senate, and such joint resolution shall be placed on the 
calendar.
    (d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee is 
discharged (under subsection (c)) from further consideration of 
a joint resolution described in subsection (a), it is at any 
time thereafter in order (even though a previous motion to the 
same effect has been disagreed to) for a motion to proceed to 
the consideration of the joint resolution, and all points of 
order against the joint resolution (and against consideration 
of the joint resolution) are waived. The motion is not subject 
to amendment, or to a motion to postpone, or to a motion to 
proceed to the consideration of other business. A motion to 
reconsider the vote by which the motion is agreed to or 
disagreed to shall not be in order. If a motion to proceed to 
the consideration of the joint resolution is agreed to, the 
joint resolution shall remain the unfinished business of the 
Senate until disposed of.
    (2) In the Senate, debate on the joint resolution, and on 
all debatable motions and appeals in connection therewith, 
shall be limited to not more than 10 hours, which shall be 
divided equally between those favoring and those opposing the 
joint resolution. A motion further to limit debate is in order 
and not debatable. An amendment to, or a motion to postpone, or 
a motion to proceed to the consideration of other business, or 
a motion to recommit the joint resolution is not in order.
    (3) In the Senate, immediately following the conclusion of 
the debate on a joint resolution described in subsection (a), 
and a single quorum call at the conclusion of the debate if 
requested in accordance with the rules of the Senate, the vote 
on final passage of the joint resolution shall occur.
    (4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure 
relating to a joint resolution described in subsection (a) 
shall be decided without debate.
    (e) In the Senate the procedure specified in subsection (c) 
or (d) shall not apply to the consideration of a joint 
resolution respecting a rule--
            (1) after the expiration of the 60 session days 
        beginning with the applicable submission or publication 
        date, or
            (2) if the report under section 801(a)(1)(A) was 
        submitted during the period referred to in section 
        801(d)(1), after the expiration of the 60 session days 
        beginning on the 15th session day after the succeeding 
        session of Congress first convenes.
    (f) If, before the passage by one House of a joint 
resolution of that House described in subsection (a), that 
House receives from the other House a joint resolution 
described in subsection (a), then the following procedures 
shall apply:
            (1) The joint resolution of the other House shall 
        not be referred to a committee.
            (2) With respect to a joint resolution described in 
        subsection (a) of the House receiving the joint 
        resolution--
                    (A) the procedure in that House shall be 
                the same as if no joint resolution had been 
                received from the other House; but
                    (B) the vote on final passage shall be on 
                the joint resolution of the other House.
    (g) This section is enacted by Congress--
            (1) as an exercise of the rulemaking power of the 
        Senate and House of Representatives, respectively, and 
        as such it is deemed a part of the rules of each House, 
        respectively, but applicable only with respect to the 
        procedure to be followed in that House in the case of a 
        joint resolution described in subsection (a), and it 
        supersedes other rules only to the extent that it is 
        inconsistent with such rules; and
            (2) with full recognition of the constitutional 
        right of either House to change the rules (so far as 
        relating to the procedure of that House) at any time, 
        in the same manner, and to the same extent as in the 
        case of any other rule of that House.

Sec. 803. Special rule on statutory, regulatory, and judicial deadlines

    (a) In the case of any deadline for, relating to, or 
involving any rule which does not take effect (or the 
effectiveness of which is terminated) because of enactment of a 
joint resolution under section 802, that deadline is extended 
until the date 1 year after the date of enactment of the joint 
resolution. Nothing in this subsection shall be construed to 
affect a deadline merely by reason of the postponement of a 
rule's effective date under section 801(a).
    (b) The term ``deadline'' means any date certain for 
fulfilling any obligation or exercising any authority 
established by or under any Federal statute or regulation, or 
by or under any court order implementing any Federal statute or 
regulation.

Sec. 804. Definitions

    For purposes of this chapter--
            (1) The term ``Federal agency'' means any agency as 
        that term is defined in section 551(1).
            (2) The term ``major rule'' means any rule that the 
        Administrator of the Office of Information and 
        Regulatory Affairs of the Office of Management and 
        Budget finds has resulted in or is likely to result 
        in--
                    (A) an annual effect on the economy of 
                $100,000,000 or more;
                    (B) a major increase in costs or prices for 
                consumers, individual industries, Federal, 
                State, or local government agencies, or 
                geographic regions; or
                    (C) significant adverse effects on 
                competition, employment, investment, 
                productivity, innovation, or on the ability of 
                United States-based enterprises to compete with 
                foreign-based enterprises in domestic and 
                export markets.
        The term does not include any rule promulgated under 
        the Telecommunications Act of 1996 and the amendments 
        made by that Act.
            (3) The term ``rule'' has the meaning given such 
        term in section 551, except that such term does not 
        include--
                    (A) any rule of particular applicability, 
                including a rule that approves or prescribes 
                for the future rates, wages, prices, services, 
                or allowances therefor, corporate or financial 
                structures, reorganizations, mergers, or 
                acquisitions thereof, or accounting practices 
                or disclosures bearing on any of the foregoing;
                    (B) any rule relating to agency management 
                or personnel; or
                    (C) any rule of agency organization, 
                procedure, or practice that does not 
                substantially affect the rights or obligations 
                of non-agency parties.

Sec. 805. Judicial review

    No determination, finding, action, or omission under this 
chapter shall be subject to judicial review.

Sec. 806. Applicability; severability

    (a) This chapter shall apply notwithstanding any other 
provision of law.
    (b) If any provision of this chapter or the application of 
any provision of this chapter to any person or circumstance, is 
held invalid, the application of such provision to other 
persons or circumstances, and the remainder of this chapter, 
shall not be affected thereby.

Sec. 807. Exemption for monetary policy

    Nothing in this chapter shall apply to rules that concern 
monetary policy proposed or implemented by the Board of 
Governors of the Federal Reserve System or the Federal Open 
Market Committee.

Sec. 808. Effective date of certain rules

    Notwithstanding section 801--
            (1) any rule that establishes, modifies, opens, 
        closes, or conducts a regulatory program for a 
        commercial, recreational, or subsistence activity 
        related to hunting, fishing, or camping, or
            (2) any rule which an agency for good cause finds 
        (and incorporates the finding and a brief statement of 
        reasons therefor in the rule issued) that notice and 
        public procedure thereon are impracticable, 
        unnecessary, or contrary to the public interest,
shall take effect at such time as the Federal agency 
promulgating the rule determines.


                  CHAPTER 9--EXECUTIVE REORGANIZATION

Sec.
901.    Purpose.
902.    Definitions.
903.    Reorganization plans.
904.    Additional contents of reorganization plan.
905.    Limitation on powers.
906.    Effective date and publication of reorganization plans.
907.    Effect on other laws, pending legal proceedings, and unexpended 
          appropriations.
908.    Rules of Senate and House of Representatives on reorganization 
          plans.
909.    Terms of resolution.
910.    Introduction and reference of resolution.
911.    Discharge of committee considering resolution.
912.    Procedure after report or discharge of committee; debate; vote 
          on final passage.

Sec. 901. Purpose

    (a) The Congress declares that it is the policy of the 
United States--
            (1) to promote the better execution of the laws, 
        the more effective management of the executive branch 
        and of its agencies and functions, and the expeditious 
        administration of the public business;
            (2) to reduce expenditures and promote economy to 
        the fullest extent consistent with the efficient 
        operation of the Government;
            (3) to increase the efficiency of the operations of 
        the Government to the fullest extent practicable;
            (4) to group, coordinate, and consolidate agencies 
        and functions of the Government, as nearly as may be, 
        according to major purposes;
            (5) to reduce the number of agencies by 
        consolidating those having similar functions under a 
        single head, and to abolish such agencies or functions 
        thereof as may not be necessary for the efficient 
        conduct of the Government; and
            (6) to eliminate overlapping and duplication of 
        effort.
    (b) Congress declares that the public interest demands the 
carrying out of the purposes of subsection (a) of this section 
and that the purposes may be accomplished in great measure by 
proceeding under this chapter, and can be accomplished more 
speedily thereby than by the enactment of specific legislation.
    (c) It is the intent of Congress that the President should 
provide appropriate means for broad citizen advice and 
participation in restructuring and reorganizing the executive 
branch.
    (d) The President shall from time to time examine the 
organization of all agencies and shall determine what changes 
in such organization are necessary to carry out any policy set 
forth in subsection (a) of this section.

Sec. 902. Definitions

    For the purpose of this chapter--
            (1) ``agency'' means--
                    (A) an Executive agency or part thereof; 
                and
                    (B) an office or officer in the executive 
                branch;
        but does not include the General Accounting Office or 
        the Comptroller General of the United States;
            (2) ``reorganization'' means a transfer, 
        consolidation, coordination, authorization, or 
        abolition, referred to in section 903 of this title; 
        and
            (3) ``officer'' is not limited by section 2104 of 
        this title.

Sec. 903. Reorganization plans

    (a) Whenever the President, after investigation, finds that 
changes in the organization of agencies are necessary to carry 
out any policy set forth in section 901(a) of this title, he 
shall prepare a reorganization plan specifying the 
reorganizations he finds are necessary. Any plan may provide 
for--
            (1) the transfer of the whole or a part of an 
        agency, or of the whole or a part of the functions 
        thereof, to the jurisdiction and control of another 
        agency;
            (2) the abolition of all or a part of the functions 
        of an agency, except that no enforcement function or 
        statutory program shall be abolished by the plan;
            (3) the consolidation or coordination of the whole 
        or a part of an agency, or of the whole or a part of 
        the functions thereof, with the whole or a part of 
        another agency or the functions thereof;
            (4) the consolidation or coordination of part of an 
        agency or the functions thereof with another part of 
        the same agency or the functions thereof;
            (5) the authorization of an officer to delegate any 
        of his functions; or
            (6) the abolition of the whole or a part of an 
        agency which agency or part does not have, or on the 
        taking effect of the reorganization plan will not have, 
        any functions.
The President shall transmit the plan (bearing an 
identification number) to the Congress together with a 
declaration that, with respect to each reorganization included 
in the plan, he has found that the reorganization is necessary 
to carry out any policy set forth in section 901(a) of this 
title.
    (b) The President shall have a reorganization plan 
delivered to both Houses on the same day and to each House 
while it is in session, except that no more than three plans 
may be pending before the Congress at one time. In his message 
transmitting a reorganization plan, the President shall specify 
with respect to each abolition of a function included in the 
plan the statutory authority for the exercise of the function. 
The message shall also estimate any reduction or increase in 
expenditures (itemized so far as practicable), and describe any 
improvements in management, delivery of Federal services, 
execution of the laws, and increases in efficiency of 
Government operations, which it is expected will be realized as 
a result of the reorganizations included in the plan. In 
addition, the President's message shall include an 
implementation section which shall (1) describe in detail (A) 
the actions necessary or planned to complete the 
reorganization, (B) the anticipated nature and substance of any 
orders, directives, and other administrative and operational 
actions which are expected to be required for completing or 
implementing the reorganization, and (C) any preliminary 
actions which have been taken in the implementation process, 
and (2) contain a projected timetable for completion of the 
implementation process. The President shall also submit such 
further background or other information as the Congress may 
require for its consideration of the plan.
    (c) Any time during the period of 60 calendar days of 
continuous session of Congress after the date on which the plan 
is transmitted to it, but before any resolution described in 
section 909 has been ordered reported in either House, the 
President may make amendments or modifications to the plan, 
consistent with sections 903-905 of this title, which 
modifications or revisions shall thereafter be treated as a 
part of the reorganization plan originally transmitted and 
shall not affect in any way the time limits otherwise provided 
for in this chapter. The President may withdraw the plan any 
time prior to the conclusion of 90 calendar days of continuous 
session of Congress following the date on which the plan is 
submitted to Congress.

Sec. 904. Additional contents of reorganization plan

    A reorganization plan transmitted by the President under 
section 903 of this title--
            (1) may, subject to section 905, change, in such 
        cases as the President considers necessary, the name of 
        an agency affected by a reorganization and the title of 
        its head, and shall designate the name of an agency 
        resulting from a reorganization and the title of its 
        head;
            (2) may provide for the appointment and pay of the 
        head and one or more officers of any agency (including 
        an agency resulting from a consolidation or other type 
        of reorganization) if the President finds, and in his 
        message transmitting the plan declares, that by reason 
        of a reorganization made by the plan the provisions are 
        necessary;
            (3) shall provide for the transfer or other 
        disposition of the records, property, and personnel 
        affected by a reorganization;
            (4) shall provide for the transfer of such 
        unexpended balances of appropriations, and of other 
        funds, available for use in connection with a function 
        or agency affected by a reorganization, as the 
        President considers necessary by reason of the 
        reorganization for use in connection with the functions 
        affected by the reorganization, or for the use of the 
        agency which shall have the functions after the 
        reorganization plan is effective; and
            (5) shall provide for terminating the affairs of an 
        agency abolished.
A reorganization plan transmitted by the President containing 
provisions authorized by paragraph (2) of this section may 
provide that the head of an agency be an individual or a 
commission or board with more than one member. In the case of 
an appointment of the head of such an agency, the term of 
office may not be fixed at more than four years, the pay may 
not be at a rate in excess of that found by the President to be 
applicable to comparable officers in the executive branch, and 
if the appointment is not to a position in the competitive 
service, it shall be by the President, by and with the advice 
and consent of the Senate. Any reorganization plan transmitted 
by the President containing provisions required by paragraph 
(4) of this section shall provide for the transfer of 
unexpended balances only if such balances are used for the 
purposes for which the appropriation was originally made.

Sec. 905. Limitation on powers

    (a) A reorganization plan may not provide for, and a 
reorganization under this chapter may not have the effect of--
            (1) creating a new executive department or renaming 
        an existing executive department, abolishing or 
        transferring an executive department or independent 
        regulatory agency, or all the functions thereof, or 
        consolidating two or more executive departments or two 
        or more independent regulatory agencies, or all the 
        functions thereof;
            (2) continuing an agency beyond the period 
        authorized by law for its existence or beyond the time 
        when it would have terminated if the reorganization had 
        not been made;
            (3) continuing a function beyond the period 
        authorized by law for its exercise or beyond the time 
        when it would have terminated if the reorganization had 
        not been made;
            (4) authorizing an agency to exercise a function 
        which is not expressly authorized by law at the time 
        the plan is transmitted to Congress;
            (5) creating a new agency which is not a component 
        or part of an existing executive department or 
        independent agency;
            (6) increasing the term of an office beyond that 
        provided by law for the office; or
            (7) dealing with more than one logically consistent 
        subject matter.
    (b) A provision contained in a reorganization plan may take 
effect only if the plan is transmitted to Congress (in 
accordance with section 903(b)) on or before December 31, 1984.

Sec. 906. Effective date and publication of reorganization plans

    (a) Except as provided under subsection (c) of this 
section, a reorganization plan shall be effective upon approval 
by the President of a resolution (as defined in section 909) 
with respect to such plan, if such resolution is passed by the 
House of Representatives and the Senate, within the first 
period of 90 calendar days of continuous session of Congress 
after the date on which the plan is transmitted to Congress. 
Failure of either House to act upon such resolution by the end 
of such period shall be the same as disapproval of the 
resolution.
    (b) For the purpose of this chapter--
            (1) continuity of session is broken only by an 
        adjournment of Congress sine die; and
            (2) the days on which either House is not in 
        session because of an adjournment of more than three 
        days to a day certain are excluded in the computation 
        of any period of time in which Congress is in 
        continuous session.
    (c) Under provisions contained in a reorganization plan, 
any provision thereof may be effective at a time later than the 
date on which the plan otherwise is effective.
    (d) A reorganization plan which is effective shall be 
printed (1) in the Statutes at Large in the same volume as the 
public laws and (2) in the Federal Register.

Sec. 907. Effect on other laws, pending legal proceedings, and 
                    unexpended appropriations

    (a) A statute enacted, and a regulation or other action 
made, prescribed, issued, granted, or performed in respect of 
or by an agency or function affected by a reorganization under 
this chapter, before the effective date of the reorganization, 
has, except to the extent rescinded, modified, superseded, or 
made inapplicable by or under authority of law or by the 
abolition of a function, the same effect as if the 
reorganization had not been made. However, if the statute, 
regulation, or other action has vested the functions in the 
agency from which it is removed under the reorganization plan, 
the function, insofar as it is to be exercised after the plan 
becomes effective, shall be deemed as vested in the agency 
under which the function is placed by the plan.
    (b) For the purpose of subsection (a) of this section, 
``regulation or other action'' means a regulation, rule, order, 
policy, determination, directive, authorization, permit, 
privilege, requirement, designation, or other action.
    (c) A suit, action, or other proceeding lawfully commenced 
by or against the head of an agency or other officer of the 
United States, in his official capacity or in relation to the 
discharge of his official duties, does not abate by reason of 
the taking effect of a reorganization plan under this chapter. 
On motion or supplemental petition filed at any time within 
twelve months after the reorganization plan takes effect, 
showing a necessity for a survival of the suit, action, or 
other proceeding to obtain a settlement of the questions 
involved, the court may allow the suit, action, or other 
proceeding to be maintained by or against the successor of the 
head or officer under the reorganization effected by the plan 
or, if there is no successor, against such agency or officer as 
the President designates.
    (d) The appropriations or portions of appropriations 
unexpended by reason of the operation of the chapter may not be 
used for any purpose, but shall revert to the Treasury.

Sec. 908. Rules of Senate and House of Representatives on 
                    reorganization plans

    Sections 909 through 912 of this title are enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the 
        Senate and the House of Representatives, respectively, 
        and as such they are deemed a part of the rules of each 
        House, respectively, but applicable only with respect 
        to the procedure to be followed in that House in the 
        case of resolutions with respect to any reorganization 
        plans transmitted to Congress (in accordance with 
        section 903(b) of this chapter) on or before December 
        31, 1984; and they supersede other rules only to the 
        extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional 
        right of either House to change the rules (so far as 
        relating to the procedure of that House) at any time, 
        in the same manner and to the same extent as in the 
        case of any other rule of that House.

Sec. 909. Terms of resolution

    For the purpose of sections 908 through 912 of this title, 
``resolution'' means only a joint resolution of the Congress, 
the matter after the resolving clause of which is as follows: 
``That the Congress approves the reorganization plan numbered   
   transmitted to the Congress by the President on     , 19    
.'', and includes such modifications and revisions as are 
submitted by the President under section 903(c) of this 
chapter. The blank spaces therein are to be filled 
appropriately. The term does not include a resolution which 
specifies more than one reorganization plan.

Sec. 910. Introduction and reference of resolution

    (a) No later than the first day of session following the 
day on which a reorganization plan is transmitted to the House 
of Representatives and the Senate under section 903, a 
resolution, as defined in section 909, shall be introduced (by 
request) in the House by the chairman of the Government 
Operations Committee of the House, or by a Member or Members of 
the House designated by such chairman; and shall be introduced 
(by request) in the Senate by the chairman of the Governmental 
Affairs Committee of the Senate, or by a Member or Members of 
the Senate designated by such chairman.
    (b) A resolution with respect to a reorganization plan 
shall be referred to the Committee on Governmental Affairs of 
the Senate and the Committee on Government Operations of the 
House (and all resolutions with respect to the same plan shall 
be referred to the same committee) by the President of the 
Senate or the Speaker of the House of Representatives, as the 
case may be. The committee shall make its recommendations to 
the House of Representatives or the Senate, respectively, 
within 75 calendar days of continuous session of Congress 
following the date of such resolution's introduction.

Sec. 911. Discharge of committee considering resolution

    If the committee to which is referred a resolution 
introduced pursuant to subsection (a) of section 910 (or, in 
the absence of such a resolution, the first resolution 
introduced with respect to the same reorganization plan) has 
not reported such resolution or identical resolution at the end 
of 75 calendar days of continuous session of Congress after its 
introduction, such committee shall be deemed to be discharged 
from further consideration of such resolution and such 
resolution shall be placed on the appropriate calendar of the 
House involved.

Sec. 912. Procedure after report or discharge of committee; debate; 
                    vote on final passage

    (a) When the committee has reported, or has been deemed to 
be discharged (under section 911) from further consideration 
of, a resolution with respect to a reorganization plan, it is 
at any time thereafter in order (even though a previous motion 
to the same effect has been disagreed to) for any Member of the 
respective House to move to proceed to the consideration of the 
resolution. The motion is highly privileged and is not 
debatable. The motion shall not be subject to amendment, or to 
a motion to postpone, or a motion to proceed to the 
consideration of other business. A motion to reconsider the 
vote by which the motion is agreed to or disagreed to shall not 
be in order. If a motion to proceed to the consideration of the 
resolution is agreed to, the resolution shall remain the 
unfinished business of the respective House until disposed of.
    (b) Debate on the resolution, and on all debatable motions 
and appeals in connection therewith, shall be limited to not 
more than ten hours, which shall be divided equally between 
individuals favoring and individuals opposing the resolution. A 
motion further to limit debate is in order and not debatable. 
An amendment to, or a motion to postpone, or a motion to 
proceed to the consideration of other business, or a motion to 
recommit the resolution is not in order. A motion to reconsider 
the vote by which the resolution is passed or rejected shall 
not be in order.
    (c) Immediately following the conclusion of the debate on 
the resolution with respect to a reorganization plan, and a 
single quorum call at the conclusion of the debate if requested 
in accordance with the rules of the appropriate House, the vote 
on final passage of the resolution shall occur.
    (d) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of 
Representatives, as the case may be, to the procedure relating 
to a resolution with respect to a reorganization plan shall be 
decided without debate.
    (e) If, prior to the passage by one House of a resolution 
of that House, that House receives a resolution with respect to 
the same reorganization plan from the other House, then--
            (1) the procedure in that House shall be the same 
        as if no resolution had been received from the other 
        House; but
            (2) the vote on final passage shall be on the 
        resolution of the other House.


         PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

Chap.                                                               Sec.
      Office of Personnel Management................................1101
      Merit Systems Protection Board, Office of Special Counsel, and 12.
        Employee Right of Action....................................1201
      Special Authority.............................................1301
      Political Activity of Certain State and Local Employees.......1501


               CHAPTER 11--OFFICE OF PERSONNEL MANAGEMENT

Sec.
1101.    Office of Personnel Management.
1102.    Director; Deputy Director; Associate Directors.
1103.    Functions of the Director.
1104.    Delegation of authority for personnel management.
1105.    Administrative procedure.

Sec. 1101. Office of Personnel Management

    The Office of Personnel Management is an independent 
establishment in the executive branch. The Office shall have an 
official seal, which shall be judicially noticed, and shall 
have its principal office in the District of Columbia, and may 
have field offices in other appropriate locations.

Sec. 1102. Director; Deputy Director; Associate Directors

    (a) There is at the head of the Office of Personnel 
Management a Director of the Office of Personnel Management 
appointed by the President, by and with the advice and consent 
of the Senate. The term of office of any individual appointed 
as Director shall be 4 years.
    (b) There is in the Office a Deputy Director of the Office 
of Personnel Management appointed by the President, by and with 
the advice and consent of the Senate. The Deputy Director shall 
perform such functions as the Director may from time to time 
prescribe and shall act as Director during the absence or 
disability of the Director or when the office of Director is 
vacant.
    (c) No individual shall, while serving as Director or 
Deputy Director, serve in any other office or position in the 
Government of the United States except as otherwise provided by 
law or at the direction of the President. The Director and 
Deputy Director shall not recommend any individual for 
appointment to any position (other than Deputy Director of the 
Office) which requires the advice and consent of the Senate.
    (d) There may be within the Office of Personnel Management 
not more than 5 Associate Directors, as determined from time to 
time by the Director. Each Associate Director shall be 
appointed by the Director.

Sec. 1103. Functions of the Director

    (a) The following functions are vested in the Director of 
the Office of Personnel Management, and shall be performed by 
the Director, or subject to section 1104 of this title, by such 
employees of the Office as the Director designates:
            (1) securing accuracy, uniformity, and justice in 
        the functions of the Office;
            (2) appointing individuals to be employed by the 
        Office;
            (3) directing and supervising employees of the 
        Office, distributing business among employees and 
        organizational units of the Office, and directing the 
        internal management of the Office;
            (4) directing the preparation of requests for 
        appropriations for the Office and the use and 
        expenditure of funds by the Office;
            (5) executing, administering, and enforcing--
                    (A) the civil service rules and regulations 
                of the President and the Office and the laws 
                governing the civil service; and
                    (B) the other activities of the Office 
                including retirement and classification 
                activities;
        except with respect to functions for which the Merit 
        Systems Protection Board or the Special Counsel is 
        primarily responsible;
            (6) reviewing the operations under chapter 87 of 
        this title;
            (7) aiding the President, as the President may 
        request, in preparing such civil service rules as the 
        President prescribes, and otherwise advising the 
        President on actions which may be taken to promote an 
        efficient civil service and a systematic application of 
        the merit system principles, including recommending 
        policies relating to the selection, promotion, 
        transfer, performance, pay, conditions of service, 
        tenure, and separation of employees;
            (8) conducting, or otherwise providing for the 
        conduct of, studies and research under chapter 47 of 
        this title into methods of assuring improvements in 
        personnel management; and
            (9) incurring official reception and representation 
        expenses of the Office subject to any limitation 
        prescribed in any law.
    (b)(1) The Director shall publish in the Federal Register 
general notice of any rule or regulation which is proposed by 
the Office and the application of which does not apply solely 
to the Office or its employees. Any such notice shall include 
the matter required under section 553(b)(1), (2), and (3) of 
this title.
    (2) The Director shall take steps to ensure that--
            (A) any proposed rule or regulation to which 
        paragraph (1) of this subsection applies is posted in 
        offices of Federal agencies maintaining copies of the 
        Federal personnel regulations; and
            (B) to the extent the Director determines 
        appropriate and practical, exclusive representatives of 
        employees affected by such proposed rule or regulation 
        and interested members of the public are notified of 
        such proposed rule or regulation.
    (3) Paragraphs (1) and (2) of this subsection shall not 
apply to any proposed rule or regulation which is temporary in 
nature and which is necessary to be implemented expeditiously 
as a result of an emergency.
    (4) Paragraphs (1) and (2) of this subsection and section 
1105 of this title shall not apply to the establishment of any 
schedules or rates of basic pay or allowances under subpart D 
of part III of this title. The preceding sentence does not 
apply to the establishment of the procedures, methodology, or 
criteria used to establish such schedules, rates, or 
allowances.

Sec. 1104. Delegation of authority for personnel management

    (a) Subject to subsection (b)(3) of this section--
            (1) the President may delegate, in whole or in 
        part, authority for personnel management functions, 
        including authority for competitive examinations, to 
        the Director of the Office of Personnel Management; and
            (2) the Director may delegate, in whole or in part, 
        any function vested in or delegated to the Director, 
        including authority for competitive examinations 
        (except competitive examinations for administrative law 
        judges appointed under section 3105 of this title, the 
        cost of which examinations shall be reimbursed by 
        payments from the agencies employing such judges to the 
        revolving fund established under section 1304(e)), to 
        the heads of agencies in the executive branch and other 
        agencies employing persons in the competitive service.
    (b)(1) The Office shall establish standards which shall 
apply to the activities of the Office or any other agency under 
authority delegated under subsection (a) of this section.
    (2) The Office shall establish and maintain an oversight 
program to ensure that activities under any authority delegated 
under subsection (a) of this section are in accordance with the 
merit system principles and the standards established under 
paragraph (1) of this subsection.
    (3) Nothing in subsection (a) of this section shall be 
construed as affecting the responsibility of the Director to 
prescribe regulations and to ensure compliance with the civil 
service laws, rules, and regulations.
            (4) \1\ At the request of the head of an agency to 
        whom a function has been delegated under subsection 
        (a)(2), the Office may provide assistance to the agency 
        in performing such function. Such assistance shall, to 
        the extent determined appropriate by the Director of 
        the Office, be performed on a reimbursable basis 
        through the revolving fund established under section 
        1304(e).
---------------------------------------------------------------------------
    \1\ So in original. The margin of this paragraph probably should be 
set full measure.
---------------------------------------------------------------------------
    (c) If the Office makes a written finding, on the basis of 
information obtained under the program established under 
subsection (b)(2) of this section or otherwise, that any action 
taken by an agency pursuant to authority delegated under 
subsection (a)(2) of this section is contrary to any law, rule, 
or regulation, or is contrary to any standard established under 
subsection (b)(1) of this section, the agency involved shall 
take any corrective action the Office may require.

Sec. 1105. Administrative procedure

    Subject to section 1103(b) of this title, in the exercise 
of the functions assigned under this chapter, the Director 
shall be subject to subsections (b), (c), and (d) of section 
553 of this title, notwithstanding subsection (a) of such 
section 553.


CHAPTER 12--MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, 
                      AND EMPLOYEE RIGHT OF ACTION

              SUBCHAPTER I--MERIT SYSTEMS PROTECTION BOARD

Sec.\1\ 1201. Appointment of members of the Merit Systems Protection 
          Board.
Sec. 1202.  Term of office; filling vacancies; removal.
Sec. 1203.  Chairman; Vice Chairman.
Sec. 1204.  Powers and functions of the Merit Systems Protection Board.
Sec. 1205.  Transmittal of information to Congress.
Sec. 1206.  Annual report.
Sec. 1207.  [Repealed.]
Sec. 1208.  [Repealed.]

                SUBCHAPTER II--OFFICE OF SPECIAL COUNSEL

Sec. 1211.  Establishment.
Sec. 1212.  Powers and functions of the Office of Special Counsel.
Sec. 1213.  Provisions relating to disclosures of violations of law, 
          gross mismanagement, and certain other matters.
Sec. 1214.  Investigation of prohibited personnel practices; corrective 
          action.
Sec. 1215.  Disciplinary action.
Sec. 1216.  Other matters within the jurisdiction of the Office of 
          Special Counsel.
Sec. 1217.  Transmittal of information to Congress.
Sec. 1218.  Annual report.
Sec. 1219.  Public information.

  SUBCHAPTER III--INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES

Sec. 1221.  Individual right of action in certain reprisal cases.
Sec. 1222.  Availability of other remedies.

              SUBCHAPTER I--MERIT SYSTEMS PROTECTION BOARD
---------------------------------------------------------------------------

    \1\ This table of sections does not conform to the style generally 
followed in title 5.
---------------------------------------------------------------------------

Sec. 1201. Appointment of members of the Merit Systems Protection Board

    The Merit Systems Protection Board is composed of 3 members 
appointed by the President, by and with the advice and consent 
of the Senate, not more than 2 of whom may be adherents of the 
same political party. The members of the Board shall be 
individuals who, by demonstrated ability, background, training, 
or experience are especially qualified to carry out the 
functions of the Board. No member of the Board may hold another 
office or position in the Government of the United States, 
except as otherwise provided by law or at the direction of the 
President. The Board shall have an official seal which shall be 
judicially noticed. The Board shall have its principal office 
in the District of Columbia and may have field offices in other 
appropriate locations.

Sec. 1202. Term of office; filling vacancies; removal

    (a) The term of office of each member of the Merit Systems 
Protection Board is 7 years.
    (b) A member appointed to fill a vacancy occurring before 
the end of a term of office of the member's predecessor serves 
for the remainder of that term. Any appointment to fill a 
vacancy is subject to the requirements of section 1201. Any new 
member serving only a portion of a seven-year term in office 
may continue to serve until a successor is appointed and has 
qualified, except that such member may not continue to serve 
for more than one year after the date on which the term of the 
member would otherwise expire, unless reappointed.
    (c) Any member appointed for a 7-year term may not be 
reappointed to any following term but may continue to serve 
beyond the expiration of the term until a successor is 
appointed and has qualified, except that such member may not 
continue to serve for more than one year after the date on 
which the term of the member would otherwise expire under this 
section.
    (d) Any member may be removed by the President only for 
inefficiency, neglect of duty, or malfeasance in office.

Sec. 1203. Chairman; Vice Chairman

    (a) The President shall from time to time appoint, by and 
with the advice and consent of the Senate, one of the members 
of the Merit Systems Protection Board as the Chairman of the 
Board. The Chairman is the chief executive and administrative 
officer of the Board.
    (b) The President shall from time to time designate one of 
the members of the Board as Vice Chairman of the Board. During 
the absence or disability of the Chairman, or when the office 
of Chairman is vacant, the Vice Chairman shall perform the 
functions vested in the Chairman.
    (c) During the absence or disability of both the Chairman 
and the Vice Chairman, or when the offices of Chairman and Vice 
Chairman are vacant, the remaining Board member shall perform 
the functions vested in the Chairman.

Sec. 1204. Powers and functions of the Merit Systems Protection Board

    (a) The Merit Systems Protection Board shall--
            (1) hear, adjudicate, or provide for the hearing or 
        adjudication, of all matters within the jurisdiction of 
        the Board under this title, chapter 43 of title 38, or 
        any other law, rule, or regulation, and, subject to 
        otherwise applicable provisions of law, take final 
        action on any such matter;
            (2) order any Federal agency or employee to comply 
        with any order or decision issued by the Board under 
        the authority granted under paragraph (1) of this 
        subsection and enforce compliance with any such order;
            (3) conduct, from time to time, special studies 
        relating to the civil service and to other merit 
        systems in the executive branch, and report to the 
        President and to the Congress as to whether the public 
        interest in a civil service free of prohibited 
        personnel practices is being adequately protected; and
            (4) review, as provided in subsection (f), rules 
        and regulations of the Office of Personnel Management.
    (b)(1) Any member of the Merit Systems Protection Board, 
any administrative law judge appointed by the Board under 
section 3105 of this title, and any employee of the Board 
designated by the Board may administer oaths, examine 
witnesses, take depositions, and receive evidence.
    (2) Any member of the Board, any administrative law judge 
appointed by the Board under section 3105, and any employee of 
the Board designated by the Board may, with respect to any 
individual--
            (A) issue subpoenas requiring the attendance and 
        presentation of testimony of any such individual, and 
        the production of documentary or other evidence from 
        any place in the United States, any territory or 
        possession of the United States, the Commonwealth of 
        Puerto Rico, or the District of Columbia; and
            (B) order the taking of depositions from, and 
        responses to written interrogatories by, any such 
        individual.
    (3) Witnesses (whether appearing voluntarily or under 
subpoena) shall be paid the same fee and mileage allowances 
which are paid subpoenaed witnesses in the courts of the United 
States.
    (c) In the case of contumacy or failure to obey a subpoena 
issued under subsection (b)(2)(A) or section 1214(b), upon 
application by the Board, the United States district court for 
the district in which the person to whom the subpoena 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.
    (d) A subpoena referred to in subsection (b)(2)(A) may, in 
the case of any individual outside the territorial jurisdiction 
of any court of the United States, be served in such manner as 
the Federal Rules of Civil Procedure prescribe for service of a 
subpoena in a foreign country. To the extent that the courts of 
the United States can assert jurisdiction over such individual, 
the United States District Court for the District of Columbia 
shall have the same jurisdiction to take any action respecting 
compliance under this subsection by such individual that such 
court would have if such individual were personally within the 
jurisdiction of such court.
    (e)(1)(A) In any proceeding under subsection (a)(1), any 
member of the Board may request from the Director of the Office 
of Personnel Management an advisory opinion concerning the 
interpretation of any rule, regulation, or other policy 
directive promulgated by the Office of Personnel Management.
    (B)(i) The Merit Systems Protection Board may, during an 
investigation by the Office of Special Counsel or during the 
pendency of any proceeding before the Board, issue any order 
which may be necessary to protect a witness or other individual 
from harassment, except that an agency (other than the Office 
of Special Counsel) may not request any such order with regard 
to an investigation by the Office of Special Counsel from the 
Board during such investigation.
    (ii) An order issued under this subparagraph may be 
enforced in the same manner as provided for under paragraph (2) 
with respect to any order under subsection (a)(2).
    (2)(A) In enforcing compliance with any order under 
subsection (a)(2), the Board may order that any employee 
charged with complying with such order, other than an employee 
appointed by the President by and with the advice and consent 
of the Senate, shall not be entitled to receive payment for 
service as an employee during any period that the order has not 
been complied with. The Board shall certify to the Comptroller 
General of the United States that such an order has been issued 
and no payment shall be made out of the Treasury of the United 
States for any service specified in such order.
    (B) The Board shall prescribe regulations under which any 
employee who is aggrieved by the failure of any other employee 
to comply with an order of the Board may petition the Board to 
exercise its authority under subparagraph (A).
    (3) In carrying out any study under subsection (a)(3), the 
Board shall make such inquiries as may be necessary and, unless 
otherwise prohibited by law, shall have access to personnel 
records or information collected by the Office of Personnel 
Management and may require additional reports from other 
agencies as needed.
    (f)(1) At any time after the effective date of any rule or 
regulation issued by the Director of the Office of Personnel 
Management in carrying out functions under section 1103, the 
Board shall review any provision of such rule or regulation--
            (A) on its own motion;
            (B) on the granting by the Board, in its sole 
        discretion, of any petition for such review filed with 
        the Board by any interested person, after consideration 
        of the petition by the Board; or
            (C) on the filing of a written complaint by the 
        Special Counsel requesting such review.
    (2) In reviewing any provision of any rule or regulation 
pursuant to this subsection, the Board shall declare such 
provision--
            (A) invalid on its face, if the Board determines 
        that such provision would, if implemented by any 
        agency, on its face, require any employee to violate 
        section 2302(b); or
            (B) invalidly implemented by any agency, if the 
        Board determines that such provision, as it has been 
        implemented by the agency through any personnel action 
        taken by the agency or through any policy adopted by 
        the agency in conformity with such provision, has 
        required any employee to violate section 2302(b).
    (3) The Director of the Office of Personnel Management, and 
the head of any agency implementing any provision of any rule 
or regulation under review pursuant to this subsection, shall 
have the right to participate in such review.
    (4) The Board shall require any agency--
            (A) to cease compliance with any provisions of any 
        rule or regulation which the Board declares under this 
        subsection to be invalid on its face; and
            (B) to correct any invalid implementation by the 
        agency of any provision of any rule or regulation which 
        the Board declares under this subsection to have been 
        invalidly implemented by the agency.
    (g) The Board may delegate the performance of any of its 
administrative functions under this title to any employee of 
the Board.
    (h) The Board shall have the authority to prescribe such 
regulations as may be necessary for the performance of its 
functions. The Board shall not issue advisory opinions. All 
regulations of the Board shall be published in the Federal 
Register.
    (i) Except as provided in section 518 of title 28, relating 
to litigation before the Supreme Court, attorneys designated by 
the Chairman of the Board may appear for the Board, and 
represent the Board, in any civil action brought in connection 
with any function carried out by the Board pursuant to this 
title or as otherwise authorized by law.
    (j) The Chairman of the Board may appoint such personnel as 
may be necessary to perform the functions of the Board. Any 
appointment made under this subsection shall comply with the 
provisions of this title, except that such appointment shall 
not be subject to the approval or supervision of the Office of 
Personnel Management or the Executive Office of the President 
(other than approval required under section 3324 or subchapter 
VIII of chapter 33).
    (k) The Board shall prepare and submit to the President, 
and, at the same time, to the appropriate committees of 
Congress, an annual budget of the expenses and other items 
relating to the Board which shall, as revised, be included as a 
separate item in the budget required to be transmitted to the 
Congress under section 1105 of title 31.
    (l) The Board shall submit to the President, and, at the 
same time, to each House of the Congress, any legislative 
recommendations of the Board relating to any of its functions 
under this title.
    (m)(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 arising under 
section 1215, 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 of a case arising under section 1215 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)).

Sec. 1205. Transmittal of information to Congress

    Notwithstanding any other provision of law or any rule, 
regulation or policy directive, any member of the Board, or any 
employee of the Board designated by the Board, may transmit to 
the Congress on the request of any committee or subcommittee 
thereof, by report, testimony, or otherwise, information and 
views on functions, responsibilities, or other matters relating 
to the Board, without review, clearance, or approval by any 
other administrative authority.

Sec. 1206. Annual report

    The Board shall submit an annual report to the President 
and the Congress on its activities, which shall include a 
description of significant actions taken by the Board to carry 
out its functions under this title. The report shall also 
review the significant actions of the Office of Personnel 
Management, including an analysis of whether the actions of the 
Office of Personnel Management are in accord with merit system 
principles and free from prohibited personnel practices.

[Sec. Sec. 1207, 1208. Repealed. Pub. L. 101-12, Sec. 3(a)(8), Apr. 10, 
                    1989, 103 Stat. 18.]


                SUBCHAPTER II--OFFICE OF SPECIAL COUNSEL

Sec. 1211. Establishment

    (a) There is established the Office of Special Counsel, 
which shall be headed by the Special Counsel. The Office shall 
have an official seal which shall be judicially noticed. The 
Office shall have its principal office in the District of 
Columbia and shall have field offices in other appropriate 
locations.
    (b) The Special Counsel shall be appointed by the 
President, by and with the advice and consent of the Senate, 
for a term of 5 years. The Special Counsel may continue to 
serve beyond the expiration of the term until a successor is 
appointed and has qualified, except that the Special Counsel 
may not continue to serve for more than one year after the date 
on which the term of the Special Counsel would otherwise expire 
under this subsection. The Special Counsel shall be an attorney 
who, by demonstrated ability, background, training, or 
experience, is especially qualified to carry out the functions 
of the position. A Special Counsel appointed to fill a vacancy 
occurring before the end of a term of office of the Special 
Counsel's precedessor serves for the remainder of the term. The 
Special Counsel may be removed by the President only for 
inefficiency, neglect of duty, or malfeasance in office. The 
Special Counsel may not hold another office or position in the 
Government of the United States, except as otherwise provided 
by law or at the direction of the President.

Sec. 1212. Powers and functions of the Office of Special Counsel

    (a) The Office of Special Counsel shall--
            (1) in accordance with section 1214(a) and other 
        applicable provisions of this subchapter, protect 
        employees, former employees, and applicants for 
        employment from prohibited personnel practices;
            (2) receive and investigate allegations of 
        prohibited personnel practices, and, where 
        appropriate--
                    (A) bring petitions for stays, and 
                petitions for corrective action, under section 
                1214; and
                    (B) file a complaint or make 
                recommendations for disciplinary action under 
                section 1215;
            (3) receive, review, and, where appropriate, 
        forward to the Attorney General or an agency head under 
        section 1213, disclosures of violations of any law, 
        rule, or regulation, or gross mismanagement, a gross 
        waste of funds, an abuse of authority, or a substantial 
        and specific danger to public health or safety;
            (4) review rules and regulations issued by the 
        Director of the Office of Personnel Management in 
        carrying out functions under section 1103 and, where 
        the Special Counsel finds that any such rule or 
        regulation would, on its face or as implemented, 
        require the commission of a prohibited personnel 
        practice, file a written complaint with the Board; and
            (5) investigate and, where appropriate, bring 
        actions concerning allegations of violations of other 
        laws within the jurisdiction of the Office of Special 
        Counsel (as referred to in section 1216).
    (b)(1) The Special Counsel and any employee of the Office 
of Special Counsel designated by the Special Counsel may 
administer oaths, examine witnesses, take depositions, and 
receive evidence.
    (2) The Special Counsel may--
            (A) issue subpoenas; and
            (B) order the taking of depositions and order 
        responses to written interrogatories;

in the same manner as provided under section 1204.
    (3)(A) In the case of contumacy or failure to obey a 
subpoena issued under paragraph (2)(A), the Special Counsel may 
apply to the Merit Systems Protection Board to enforce the 
subpoena in court pursuant to section 1204(c).
    (B) A subpoena under paragraph (2)(A) may, in the case of 
any individual outside the territorial jurisdiction of any 
court of the United States, be served in the manner referred to 
in subsection (d) of section 1204, and the United States 
District Court for the District of Columbia may, with respect 
to any such individual, compel compliance in accordance with 
such subsection.
    (4) Witnesses (whether appearing voluntarily or under 
subpoena) shall be paid the same fee and mileage allowances 
which are paid subpoenaed witnesses in the courts of the United 
States.
    (c)(1) Except as provided in paragraph (2), the Special 
Counsel may as a matter of right intervene or otherwise 
participate in any proceeding before the Merit Systems 
Protection Board, except that the Special Counsel shall comply 
with the rules of the Board.
    (2) The Special Counsel may not intervene in an action 
brought by an individual under section 1221, or in an appeal 
brought by an individual under section 7701, without the 
consent of such individual.
    (d)(1) The Special Counsel may appoint the legal, 
administrative, and support personnel necessary to perform the 
functions of the Special Counsel.
    (2) Any appointment made under this subsection shall be 
made in accordance with the provisions of this title, except 
that such appointment shall not be subject to the approval or 
supervision of the Office of Personnel Management or the 
Executive Office of the President (other than approval required 
under section 3324 or subchapter VIII of chapter 33).
    (e) The Special Counsel may prescribe such regulations as 
may be necessary to perform the functions of the Special 
Counsel. Such regulations shall be published in the Federal 
Register.
    (f) The Special Counsel may not issue any advisory opinion 
concerning any law, rule, or regulation (other than an advisory 
opinion concerning chapter 15 or subchapter III of chapter 73).
    (g)(1) The Special Counsel may not respond to any inquiry 
or disclose any information from or about any person making an 
allegation under section 1214(a), except in accordance with the 
provisions of section 552a of title 5, United States Code, or 
as required by any other applicable Federal law.
    (2) Notwithstanding the exception under paragraph (1), the 
Special Counsel may not respond to any inquiry concerning an 
evaluation of the work performance, ability, aptitude, general 
qualifications, character, loyalty, or suitability for any 
personnel action of any person described in paragraph (1)--
            (A) unless the consent of the individual as to whom 
        the information pertains is obtained in advance; or
            (B) except upon request of an agency which requires 
        such information in order to make a determination 
        concerning an individual's having access to the 
        information unauthorized disclosure of which could be 
        expected to cause exceptionally grave damage to the 
        national security.

Sec. 1213. Provisions relating to disclosures of violations of law, 
                    gross mismanagement, and certain other matters

    (a) This section applies with respect to--
            (1) any disclosure of information by an employee, 
        former employee, or applicant for employment which the 
        employee, former employee, or applicant reasonably 
        believes evidences--
                    (A) a violation of any law, rule, or 
                regulation; or
                    (B) gross mismanagement, a gross waste of 
                funds, an abuse of authority, or a substantial 
                and specific danger to public health or safety;

        if such disclosure is not specifically prohibited by 
        law and if such information is not specifically 
        required by Executive order to be kept secret in the 
        interest of national defense or the conduct of foreign 
        affairs; and
            (2) any disclosure by an employee, former employee, 
        or applicant for employment to the Special Counsel or 
        to the Inspector General of an agency or another 
        employee designated by the head of the agency to 
        receive such disclosures of information which the 
        employee, former employee, or applicant reasonably 
        believes evidences--
                    (A) a violation of any law, rule, or 
                regulation; or
                    (B) gross mismanagement, a gross waste of 
                funds, an abuse of authority, or a substantial 
                and specific danger to public health or safety.
    (b) Whenever the Special Counsel receives information of a 
type described in subsection (a) of this section, the Special 
Counsel shall review such information and, within 15 days after 
receiving the information, determine whether there is a 
substantial likelihood that the information discloses a 
violation of any law, rule, or regulation, or gross 
mismanagement, gross waste of funds, abuse of authority, or 
substantial and specific danger to public health and safety.
    (c)(1) Subject to paragraph (2), if the Special Counsel 
makes a positive determination under subsection (b) of this 
section, the Special Counsel shall promptly transmit the 
information with respect to which the determination was made to 
the appropriate agency head and require that the agency head--
            (A) conduct an investigation with respect to the 
        information and any related matters transmitted by the 
        Special Counsel to the agency head; and
            (B) submit a written report setting forth the 
        findings of the agency head within 60 days after the 
        date on which the information is transmitted to the 
        agency head or within any longer period of time agreed 
        to in writing by the Special Counsel.
    (2) The Special Counsel may require an agency head to 
conduct an investigation and submit a written report under 
paragraph (1) only if the information was transmitted to the 
Special Counsel by--
            (A) an employee, former employee, or applicant for 
        employment in the agency which the information 
        concerns; or
            (B) an employee who obtained the information in 
        connection with the performance of the employee's 
        duties and responsibilities.
    (d) Any report required under subsection (c) shall be 
reviewed and signed by the head of the agency and shall 
include--
            (1) a summary of the information with respect to 
        which the investigation was initiated;
            (2) a description of the conduct of the 
        investigation;
            (3) a summary of any evidence obtained from the 
        investigation;
            (4) a listing of any violation or apparent 
        violation of any law, rule, or regulation; and
            (5) a description of any action taken or planned as 
        a result of the investigation, such as--
                    (A) changes in agency rules, regulations, 
                or practices;
                    (B) the restoration of any aggrieved 
                employee;
                    (C) disciplinary action against any 
                employee; and
                    (D) referral to the Attorney General of any 
                evidence of a criminal violation.
    (e)(1) Any such report shall be submitted to the Special 
Counsel, and the Special Counsel shall transmit a copy to the 
complainant, except as provided under subsection (f) of this 
section. The complainant may submit comments to the Special 
Counsel on the agency report within 15 days of having received 
a copy of the report.
    (2) Upon receipt of any report of the head of an agency 
required under subsection (c) of this section, the Special 
Counsel shall review the report and determine whether--
            (A) the findings of the head of the agency appear 
        reasonable; and
            (B) the report of the agency under subsection 
        (c)(1) of this section contains the information 
        required under subsection (d) of this section.
    (3) The Special Counsel shall transmit any agency report 
received pursuant to subsection (c) of this section, any 
comments provided by the complainant pursuant to subsection 
(e)(1), and any appropriate comments or recommendations by the 
Special Counsel to the President and the congressional 
committees with jurisdiction over the agency which the 
disclosure involves.
    (4) Whenever the Special Counsel does not receive the 
report of the agency within the time prescribed in subsection 
(c)(2) of this section, the Special Counsel shall transmit a 
copy of the information which was transmitted to the agency 
head to the President and the congressional committees with 
jurisdiction over the agency which the disclosure involves 
together with a statement noting the failure of the head of the 
agency to file the required report.
    (f) In any case in which evidence of a criminal violation 
obtained by an agency in an investigation under subsection (c) 
of this section is referred to the Attorney General--
            (1) the report shall not be transmitted to the 
        complainant; and
            (2) the agency shall notify the Office of Personnel 
        Management and the Office of Management and Budget of 
        the referral.
    (g)(1) If the Special Counsel receives information of a 
type described in subsection (a) from an individual other than 
an individual described in subparagraph (A) or (B) of 
subsection (c)(2), the Special Counsel may transmit the 
information to the head of the agency which the information 
concerns. The head of such agency shall, within a reasonable 
time after the information is transmitted, inform the Special 
Counsel in writing of what action has been or is being taken 
and when such action shall be completed. The Special Counsel 
shall inform the individual of the report of the agency head. 
If the Special Counsel does not transmit the information to the 
head of the agency, the Special Counsel shall return any 
documents and other matter provided by the individual who made 
the disclosure.
    (2) If the Special Counsel receives information of a type 
described in subsection (a) from an individual described in 
subparagraph (A) or (B) of subsection (c)(2), but does not make 
a positive determination under subsection (b), the Special 
Counsel may transmit the information to the head of the agency 
which the information concerns, except that the information may 
not be transmitted to the head of the agency without the 
consent of the individual. The head of such agency shall, 
within a reasonable time after the information is transmitted, 
inform the Special Counsel in writing of what action has been 
or is being taken and when such action will be completed. The 
Special Counsel shall inform the individual of the report of 
the agency head.
    (3) If the Special Counsel does not transmit the 
information to the head of the agency under paragraph (2), the 
Special Counsel shall--
            (A) return any documents and other matter provided 
        by the individual who made the disclosure; and
            (B) inform the individual of--
                    (i) the reasons why the disclosure may not 
                be further acted on under this chapter; and
                    (ii) other offices available for receiving 
                disclosures, should the individual wish to 
                pursue the matter further.
    (h) The identity of any individual who makes a disclosure 
described in subsection (a) may not be disclosed by the Special 
Counsel without such individual's consent unless the Special 
Counsel determines that the disclosure of the individual's 
identity is necessary because of an imminent danger to public 
health or safety or imminent violation of any criminal law.
    (i) Except as specifically authorized under this section, 
the provisions of this section shall not be considered to 
authorize disclosure of any information by any agency or any 
person which is--
            (1) specifically prohibited from disclosure by any 
        other provision of law; or
            (2) specifically required by Executive order to be 
        kept secret in the interest of national defense or the 
        conduct of foreign affairs.
    (j) With respect to any disclosure of information described 
in subsection (a) which involves foreign intelligence or 
counterintelligence information, if the disclosure is 
specifically prohibited by law or by Executive order, the 
Special Counsel shall transmit such information to the National 
Security Advisor, the Permanent Select Committee on 
Intelligence of the House of Representatives, and the Select 
Committee on Intelligence of the Senate.

Sec. 1214. Investigation of prohibited personnel practices; corrective 
                    action

    (a)(1)(A) The Special Counsel shall receive any allegation 
of a prohibited personnel practice and shall investigate the 
allegation to the extent necessary to determine whether there 
are reasonable grounds to believe that a prohibited personnel 
practice has occurred, exists, or is to be taken.
    (B) Within 15 days after the date of receiving an 
allegation of a prohibited personnel practice under paragraph 
(1), the Special Counsel shall provide written notice to the 
person who made the allegation that--
            (i) the allegation has been received by the Special 
        Counsel; and
            (ii) shall include the name of a person at the 
        Office of Special Counsel who shall serve as a contact 
        with the person making the allegation.
    (C) Unless an investigation is terminated under paragraph 
(2), the Special Counsel shall--
            (i) within 90 days after notice is provided under 
        subparagraph (B), notify the person who made the 
        allegation of the status of the investigation and any 
        action taken by the Office of the Special Counsel since 
        the filing of the allegation;
            (ii) notify such person of the status of the 
        investigation and any action taken by the Office of the 
        Special Counsel since the last notice, at least every 
        60 days after notice is given under clause (i); and
            (iii) notify such person of the status of the 
        investigation and any action taken by the Special 
        Counsel at such time as determined appropriate by the 
        Special Counsel.
    (D) No later than 10 days before the Special Counsel 
terminates any investigation of a prohibited personnel 
practice, the Special Counsel shall provide a written status 
report to the person who made the allegation of the proposed 
findings of fact and legal conclusions. The person may submit 
written comments about the report to the Special Counsel. The 
Special Counsel shall not be required to provide a subsequent 
written status report under this subparagraph after the 
submission of such written comments.
    (2)(A) If the Special Counsel terminates any investigation 
under paragraph (1), the Special Counsel shall prepare and 
transmit to any person on whose allegation the investigation 
was initiated a written statement notifying the person of--
            (i) the termination of the investigation;
            (ii) a summary of relevant facts ascertained by the 
        Special Counsel, including the facts that support, and 
        the facts that do not support, the allegations of such 
        person;
            (iii) the reasons for terminating the 
        investigation; and
            (iv) a response to any comments submitted under 
        paragraph (1)(D).
    (B) A written statement under subparagraph (A) may not be 
admissible as evidence in any judicial or administrative 
proceeding, without the consent of the person who received such 
statement under subparagraph (A).
    (3) Except in a case in which an employee, former employee, 
or applicant for employment has the right to appeal directly to 
the Merit Systems Protection Board under any law, rule, or 
regulation, any such employee, former employee, or applicant 
shall seek corrective action from the Special Counsel before 
seeking corrective action from the Board. An employee, former 
employee, or applicant for employment may seek corrective 
action from the Board under section 1221, if such employee, 
former employee, or applicant seeks corrective action for a 
prohibited personnel practice described in section 2302(b)(8) 
from the Special Counsel and--
            (A)(i) the Special Counsel notifies such employee, 
        former employee, or applicant that an investigation 
        concerning such employee, former employee, or applicant 
        has been terminated; and
            (ii) no more than 60 days have elapsed since 
        notification was provided to such employee, former 
        employee, or applicant for employment that such 
        investigation was terminated; or
            (B) 120 days after seeking corrective action from 
        the Special Counsel, such employee, former employee, or 
        applicant has not been notified by the Special Counsel 
        that the Special Counsel shall seek corrective action 
        on behalf of such employee, former employee, or 
        applicant.
    (4) If an employee, former employee, or applicant seeks a 
corrective action from the Board under section 1221, pursuant 
to the provisions of paragraph (3)(B), the Special Counsel may 
continue to seek corrective action personal to such employee, 
former employee, or applicant only with the consent of such 
employee, former employee, or applicant.
    (5) In addition to any authority granted under paragraph 
(1), the Special Counsel may, in the absence of an allegation, 
conduct an investigation for the purpose of determining whether 
there are reasonable grounds to believe that a prohibited 
personnel practice (or a pattern of prohibited personnel 
practices) has occurred, exists, or is to be taken.
    (b)(1)(A)(i) The Special Counsel may request any member of 
the Merit Systems Protection Board to order a stay of any 
personnel action for 45 days if the Special Counsel determines 
that there are reasonable grounds to believe that the personnel 
action was taken, or is to be taken, as a result of a 
prohibited personnel practice.
    (ii) Any member of the Board requested by the Special 
Counsel to order a stay under clause (i) shall order such stay 
unless the member determines that, under the facts and 
circumstances involved, such a stay would not be appropriate.
    (iii) Unless denied under clause (ii), any stay under this 
subparagraph shall be granted, within 3 calender days 
(excluding Saturdays, Sundays, and legal holidays) after the 
date of the request for the stay by the Special Counsel.
    (B) The Board may extend the period of any stay granted 
under subparagraph (A) for any period which the Board considers 
appropriate.
    (C) The Board shall allow any agency which is the subject 
of a stay to comment to the Board on any extension of stay 
proposed under subparagraph (B)
    (D) A stay may be terminated by the Board at any time, 
except that a stay may not be terminated by the Board--
            (i) on its own motion or on the motion of an 
        agency, unless notice and opportunity for oral or 
        written comments are first provided to the Special 
        Counsel and the individual on whose behalf the stay was 
        ordered; or
            (ii) on motion of the Special Counsel, unless 
        notice and opportunity for oral or written comments are 
        first provided to the individual on whose behalf the 
        stay was ordered.
    (2) \1\ (A)(i) Except as provided under clause (ii), no 
later than 240 days after the date of receiving an allegation 
of a prohibited personnel practice under paragraph (1), the 
Special Counsel shall make a determination whether there are 
reasonable grounds to believe that a prohibited personnel 
practice has occurred, exists, or is to be taken.
---------------------------------------------------------------------------
    \1\ The amendment made by section 3(d) of Public Law 103-424 
(adding a new subparagraph (A)) was executed in a manner reflecting its 
probable intent.
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    (ii) If the Special Counsel is unable to make the required 
determination within the 240-day period specified under clause 
(i) and the person submitting the allegation of a prohibited 
personnel practice agrees to an extension of time, the 
determination shall be made within such additional period of 
time as shall be agreed upon between the Special Counsel and 
the person submitting the allegation.
    (B) If, in connection with any investigation, the Special 
Counsel determines that there are reasonable grounds to believe 
that a prohibited personnel practice has occurred, exists, or 
is to be taken which requires corrective action, the Special 
Counsel shall report the determination together with any 
findings or recommendations to the Board, the agency involved 
and to the Office of Personnel Management, and may report such 
determination, findings and recommendations to the President. 
The Special Counsel may include in the report recommendations 
for corrective action to be taken.
    (C) If, after a reasonable period of time, the agency does 
not act to correct the prohibited personnel practice, the 
Special Counsel may petition the Board for corrective action.
    (D) If the Special Counsel finds, in consultation with the 
individual subject to the prohibited personnel practice, that 
the agency has acted to correct the prohibited personnel 
practice, the Special Counsel shall file such finding with the 
Board, together with any written comments which the individual 
may provide.
                    (E) \1\A determination by the Special 
                Counsel under this paragraph shall not be cited 
                or referred to in any proceeding under this 
                paragraph or any other administrative or 
                judicial proceeding for any purpose, without 
                the consent of the person submitting the 
                allegation of a prohibited personnel practice.
---------------------------------------------------------------------------
    \1\ So in original. The margin of this subparagraph probably should 
be set full measure.
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    (3) Whenever the Special Counsel petitions the Board for 
corrective action, the Board shall provide an opportunity for--
            (A) oral or written comments by the Special 
        Counsel, the agency involved, and the Office of 
        Personnel Management; and
            (B) written comments by any individual who alleges 
        to be the subject of the prohibited personnel practice.
    (4)(A) The Board shall order such corrective action as the 
Board considers appropriate, if the Board determines that the 
Special Counsel has demonstrated that a prohibited personnel 
practice, other than one described in section 2302(b)(8), has 
occurred, exists, or is to be taken.
    (B)(i) Subject to the provisions of clause (ii), in any 
case involving an alleged prohibited personnel practice as 
described under section 2302(b)(8), the Board shall order such 
corrective action as the Board considers appropriate if the 
Special Counsel has demonstrated that a disclosure described 
under section 2302(b)(8) was a contributing factor in the 
personnel action which was taken or is to be taken against the 
individual.
    (ii) Corrective action under clause (i) may not be ordered 
if the agency demonstrates by clear and convincing evidence 
that it would have taken the same personnel action in the 
absence of such disclosure.
    (c)(1) Judicial review of any final order or decision of 
the Board under this section may be obtained by any employee, 
former employee, or applicant for employment adversely affected 
by such order or decision.
    (2) A petition for review under this subsection shall be 
filed with such court, and within such time, as provided for 
under section 7703(b).
    (d)(1) If, in connection with any investigation under this 
subchapter, the Special Counsel determines that there is 
reasonable cause to believe that a criminal violation has 
occurred, the Special Counsel shall report the determination to 
the Attorney General and to the head of the agency involved, 
and shall submit a copy of the report to the Director of the 
Office of Personnel Management and the Director of the Office 
of Management and Budget.
    (2) In any case in which the Special Counsel determines 
that there are reasonable grounds to believe that a prohibited 
personnel practice has occurred, exists, or is to be taken, the 
Special Counsel shall proceed with any investigation or 
proceeding unless--
            (A) the alleged violation has been reported to the 
        Attorney General; and
            (B) the Attorney General is pursuing an 
        investigation, in which case the Special Counsel, after 
        consultation with the Attorney General, has discretion 
        as to whether to proceed.
    (e) If, in connection with any investigation under this 
subchapter, the Special Counsel determines that there is 
reasonable cause to believe that any violation of any law, 
rule, or regulation has occurred other than one referred to in 
subsection (b) or (d), the Special Counsel shall report such 
violation to the head of the agency involved. The Special 
Counsel shall require, within 30 days after the receipt of the 
report by the agency, a certification by the head of the agency 
which states--
            (1) that the head of the agency has personally 
        reviewed the report; and
            (2) what action has been or is to be taken, and 
        when the action will be completed.
    (f) During any investigation initiated under this 
subchapter, no disciplinary action shall be taken against any 
employee for any alleged prohibited activity under 
investigation or for any related activity without the approval 
of the Special Counsel.
    (g) If the Board orders corrective action under this 
section, such corrective action may include--
            (1) that the individual be placed, as nearly as 
        possible, in the position the individual would have 
        been in had the prohibited personnel practice not 
        occurred; and
            (2) reimbursement for attorney's fees, back pay and 
        related benefits, medical costs incurred, travel 
        expenses, and any other reasonable and foreseeable 
        consequential damages.

Sec. 1215. Disciplinary action

    (a)(1) Except as provided in subsection (b), if the Special 
Counsel determines that disciplinary action should be taken 
against any employee for having--
            (A) committed a prohibited personnel practice,
            (B) violated the provisions of any law, rule, or 
        regulation, or engaged in any other conduct within the 
        jurisdiction of the Special Counsel as described in 
        section 1216, or
            (C) knowingly and willfully refused or failed to 
        comply with an order of the Merit Systems Protection 
        Board,

the Special Counsel shall prepare a written complaint against 
the employee containing the Special Counsel's determination, 
together with a statement of supporting facts, and present the 
complaint and statement to the employee and the Board, in 
accordance with this subsection.
    (2) Any employee against whom a complaint has been 
presented to the Merit Systems Protection Board under paragraph 
(1) is entitled to--
            (A) a reasonable time to answer orally and in 
        writing, and to furnish affidavits and other 
        documentary evidence in support of the answer;
            (B) be represented by an attorney or other 
        representative;
            (C) a hearing before the Board or an administrative 
        law judge appointed under section 3105 and designated 
        by the Board;
            (D) have a transcript kept of any hearing under 
        subparagraph (C); and
            (E) a written decision and reasons therefor at the 
        earliest practicable date, including a copy of any 
        final order imposing disciplinary action.
    (3) A final order of the Board may impose disciplinary 
action consisting of removal, reduction in grade, debarment 
from Federal employment for a period not to exceed 5 years, 
suspension, reprimand, or an assessment of a civil penalty not 
to exceed $1,000.
    (4) There may be no administrative appeal from an order of 
the Board. An employee subject to a final order imposing 
disciplinary action under this subsection may obtain judicial 
review of the order by filing a petition therefor with such 
court, and within such time, as provided for under section 
7703(b).
    (5) In the case of any State or local officer or employee 
under chapter 15, the Board shall consider the case in 
accordance with the provisions of such chapter.
    (b) In the case of an employee in a confidential, policy-
making, policy-determining, or policy-advocating position 
appointed by the President, by and with the advice and consent 
of the Senate (other than an individual in the Foreign Service 
of the United States), the complaint and statement referred to 
in subsection (a)(1), together with any response of the 
employee, shall be presented to the President for appropriate 
action in lieu of being presented under subsection (a).
    (c)(1) In the case of members of the uniformed services and 
individuals employed by any person under contract with an 
agency to provide goods or services, the Special Counsel may 
transmit recommendations for disciplinary or other appropriate 
action (including the evidence on which such recommendations 
are based) to the head of the agency concerned.
    (2) In any case in which the Special Counsel transmits 
recommendations to an agency head under paragraph (1), the 
agency head shall, within 60 days after receiving such 
recommendations, transmit a report to the Special Counsel on 
each recommendation and the action taken, or proposed to be 
taken, with respect to each such recommendation.

Sec. 1216. Other matters within the jurisdiction of the Office of 
                    Special Counsel

    (a) In addition to the authority otherwise provided in this 
chapter, the Special Counsel shall, except as provided in 
subsection (b), conduct an investigation of any allegation 
concerning--
            (1) political activity prohibited under subchapter 
        III of chapter 73, relating to political activities by 
        Federal employees;
            (2) political activity prohibited under chapter 15, 
        relating to political activities by certain State and 
        local officers and employees;
            (3) arbitrary or capricious withholding of 
        information prohibited under section 552, except that 
        the Special Counsel shall make no investigation of any 
        withholding of foreign intelligence or 
        counterintelligence information the disclosure of which 
        is specifically prohibited by law or by Executive 
        order;
            (4) activities prohibited by any civil service law, 
        rule, or regulation, including any activity relating to 
        political intrusion in personnel decisionmaking; and
            (5) involvement by any employee in any prohibited 
        discrimination found by any court or appropriate 
        administrative authority to have occurred in the course 
        of any personnel action.
    (b) The Special Counsel shall make no investigation of any 
allegation of any prohibited activity referred to in subsection 
(a)(5), if the Special Counsel determines that the allegation 
may be resolved more appropriately under an administrative 
appeals procedure.
    (c) If the Special Counsel receives an allegation 
concerning any matter under paragraph (1), (3), (4), or (5) of 
subsection (a), the Special Counsel may investigate and seek 
corrective action under section 1214 and disciplinary action 
under section 1215 in the same way as if a prohibited personnel 
practice were involved.

Sec. 1217.  Transmittal of information to Congress

    The Special Counsel or any employee of the Special Counsel 
designated by the Special Counsel, shall transmit to the 
Congress on the request of any committee or subcommittee 
thereof, by report, testimony, or otherwise, information and 
the Special Counsel's views on functions, responsibilities, or 
other matters relating to the Office. Such information shall be 
transmitted concurrently to the President and any other 
appropriate agency in the executive branch.

Sec. 1218.  Annual report

    The Special Counsel shall submit an annual report to the 
Congress on the activities of the Special Counsel, including 
the number, types, and disposition of allegations of prohibited 
personnel practices filed with it, investigations conducted by 
it, cases in which it did not make a determination whether 
there are reasonable grounds to believe that a prohibited 
personnel practice has occurred, exists, or is to be taken 
within the 240-day period specified in section 
1214(b)(2)(A)(i), and actions initiated by it before the Merit 
Systems Protection Board, as well as a description of the 
recommendations and reports made by it to other agencies 
pursuant to this subchapter, and the actions taken by the 
agencies as a result of the reports or recommendations. The 
report required by this section shall include whatever 
recommendations for legislation or other action by Congress the 
Special Counsel may consider appropriate.

Sec. 1219.  Public information

    (a) The Special Counsel shall maintain and make available 
to the public--
            (1) a list of noncriminal matters referred to heads 
        of agencies under subsection (c) of section 1213, 
        together with reports from heads of agencies under 
        subsection (c)(1)(B) of such section relating to such 
        matters;
            (2) a list of matters referred to heads of agencies 
        under section 1215(c)(2);
            (3) a list of matters referred to heads of agencies 
        under subsection (e) of section 1214, together with 
        certifications from heads of agencies under such 
        subsection; and
            (4) reports from heads of agencies under section 
        1213(g)(1).
    (b) The Special Counsel shall take steps to ensure that any 
list or report made available to the public under this section 
does not contain any information the disclosure of which is 
prohibited by law or by Executive order requiring that 
information be kept secret in the interest of national defense 
or the conduct of foreign affairs.


  SUBCHAPTER III--INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES

Sec. 1221.  Individual right of action in certain reprisal cases

    (a) Subject to the provisions of subsection (b) of this 
section and subsection \1\ 1214(a)(3), an employee, former 
employee, or applicant for employment may, with respect to any 
personnel action taken, or proposed to be taken, against such 
employee, former employee, or applicant for employment, as a 
result of a prohibited personnel practice described in section 
2302(b)(8), seek corrective action from the Merit Systems 
Protection Board.
---------------------------------------------------------------------------
    \1\ So in original. The word ``subsection'' probably should read 
``section''.
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    (b) This section may not be construed to prohibit any 
employee, former employee, or applicant for employment from 
seeking corrective action from the Merit Systems Protection 
Board before seeking corrective action from the Special 
Counsel, if such employee, former employee, or applicant for 
employment has the right to appeal directly to the Board under 
any law, rule, or regulation.
    (c)(1) Any employee, former employee, or applicant for 
employment seeking corrective action under subsection (a) may 
request that the Board order a stay of the personnel action 
involved.
    (2) Any stay requested under paragraph (1) shall be granted 
within 10 calendar days (excluding Saturdays, Sundays, and 
legal holidays) after the date the request is made, if the 
Board determines that such a stay would be appropriate.
    (3)(A) The Board shall allow any agency which would be 
subject to a stay under this subsection to comment to the Board 
on such stay request.
    (B) Except as provided in subparagraph (C), a stay granted 
under this subsection shall remain in effect for such period as 
the Board determines to be appropriate.
    (C) The Board may modify or dissolve a stay under this 
subsection at any time, if the Board determines that such a 
modification or dissolution is appropriate.
    (d)(1) At the request of an employee, former employee, or 
applicant for employment seeking corrective action under 
subsection (a), the Board shall issue a subpoena for the 
attendance and testimony of any person or the production of 
documentary or other evidence from any person if the Board 
finds that the testimony or production requested is not unduly 
burdensome and appears reasonably calculated to lead to the 
discovery of admissible evidence.
    (2) A subpoena under this subsection may be issued, and 
shall be enforced, in the same manner as applies in the case of 
subpoenas under section 1204.
    (e)(1) Subject to the provisions of paragraph (2), in any 
case involving an alleged prohibited personnel practice as 
described under section 2302(b)(8), the Board shall order such 
corrective action as the Board considers appropriate if the 
employee, former employee, or applicant for employment has 
demonstrated that a disclosure described under section 
2302(b)(8) was a contributing factor in the personnel action 
which was taken or is to be taken against such employee, former 
employee, or applicant. The employee may demonstrate that the 
disclosure was a contributing factor in the personnel action 
through circumstantial evidence, such as evidence that--
            (A) the official taking the personnel action knew 
        of the disclosure; and
            (B) the personnel action occurred within a period 
        of time such that a reasonable person could conclude 
        that the disclosure was a contributing factor in the 
        personnel action.
    (2) Corrective action under paragraph (1) may not be 
ordered if the agency demonstrates by clear and convincing 
evidence that it would have taken the same personnel action in 
the absence of such disclosure.
    (f)(1) A final order or decision shall be rendered by the 
Board as soon as practicable after the commencement of any 
proceeding under this section.
    (2) A decision to terminate an investigation under 
subchapter II may not be considered in any action or other 
proceeding under this section.
            (3) \1\ If, based on evidence presented to it under 
        this section, the Merit Systems Protection Board 
        determines that there is reason to believe that a 
        current employee may have committed a prohibited 
        personnel practice, the Board shall refer the matter to 
        the Special Counsel to investigate and take appropriate 
        action under section 1215.
---------------------------------------------------------------------------
    \1\ So in original. The margin of this paragraph should probably be 
set full measure.
---------------------------------------------------------------------------
    (g)(1)(A) \2\ If the Board orders corrective action under 
this section, such corrective action may include--
---------------------------------------------------------------------------
    \2\ The amendment made by section 8(b) of Public Law 103-424 
(adding a new paragraph (1)) was executed without indentation, in 
accordance with its probable intent.
---------------------------------------------------------------------------
            (i) that the individual be placed, as nearly as 
        possible, in the position the individual would have 
        been in had the prohibited personnel practice not 
        occurred; and
            (ii) back pay and related benefits, medical costs 
        incurred, travel expenses, and any other reasonable and 
        foreseeable consequential changes.
    (B) Corrective action shall include attorney's fees and 
costs as provided for under paragraphs (2) and (3).
    (2) If an employee, former employee, or applicant for 
employment is the prevailing party before the Merit Systems 
Protection Board, and the decision is based on a finding of a 
prohibited personnel practice, the agency involved shall be 
liable to the employee, former employee, or applicant for 
reasonable attorney's fees and any other reasonable costs 
incurred.
    (3) If an employee, former employee, or applicant for 
employment is the prevailing party in an appeal from the Merit 
Systems Protection Board, the agency involved shall be liable 
to the employee, former employee, or applicant for reasonable 
attorney's fees and any other reasonable costs incurred, 
regardless of the basis of the decision.
    (h)(1) An employee, former employee, or applicant for 
employment adversely affected or aggrieved by a final order or 
decision of the Board under this section may obtain judicial 
review of the order or decision.
    (2) A petition for review under this subsection shall be 
filed with such court, and within such time, as provided for 
under section 7703(b).
    (i) Subsections (a) though (h) shall apply in any 
proceeding brought under section 7513(d) if, or to the extent 
that, a prohibited personnel practice as defined in section 
2302(b)(8) is alleged.
    (j) In determining the appealability of any case involving 
an allegation made by an individual under the provisions of 
this chapter, neither the status of an individual under any 
retirement system established under a Federal statute nor any 
election made by such individual under any such system may be 
taken into account.

Sec. 1222. Availability of other remedies

    Except as provided in section 1221(i), nothing in this 
chapter or chapter 23 shall be construed to limit any right or 
remedy available under a provision of statute which is outside 
of both this chapter and chapter 23.


                     CHAPTER 13--SPECIAL AUTHORITY

Sec.
1301.    Rules.
1302.    Regulations.
1303.    Investigations; reports.
1304.    Loyalty investigations; reports; revolving fund.
1305.    Administrative law judges.
1306.    Oaths to witnesses.
1307.    Minutes.
[1308.   Repealed.]

Sec. 1301. Rules

    The Office of Personnel Management shall aid the President, 
as he may request, in preparing the rules he prescribes under 
this title for the administration of the competitive service.

Sec. 1302. Regulations

    (a) The Office of Personnel Management, subject to the 
rules prescribed by the President under this title for the 
administration of the competitive service, shall prescribe 
regulations for, control, supervise, and preserve the records 
of, examinations for the competitive service.
    (b) The Office shall prescribe and enforce regulations for 
the administration of the provisions of this title, and 
Executive orders issued in furtherance thereof, that implement 
the Congressional policy that preference shall be given to 
preference eligibles in certification for appointment, and in 
appointment, reinstatement, reemployment, and retention, in the 
competitive service in Executive agencies, permanent or 
temporary, and in the government of the District of Columbia.
    (c) The Office shall prescribe regulations for the 
administration of the provisions of this title that implement 
the Congressional policy that preference shall be given to 
preference eligibles in certification for appointment, and in 
appointment, reinstatement, reemployment, and retention, in the 
excepted service in Executive agencies, permanent or temporary, 
and in the government of the District of Columbia.
    (d) The Office may prescribe reasonable procedure and 
regulations for the administration of its functions under 
chapter 15 of this title.

Sec. 1303. Investigations; reports

    The Office of Personnel Management, Merit Systems 
Protection Board, and Special Counsel may investigate and 
report on matters concerning--
            (1) the enforcement and effect of the rules 
        prescribed by the President under this title for the 
        administration of the competitive service and the 
        regulations prescribed by the Office of Personnel 
        Management under section 1302(a) of this title; and
            (2) the action of an examiner, a board of 
        examiners, and other employees concerning the execution 
        of the provisions of this title that relate to the 
        administration of the competitive service.

Sec. 1304. Loyalty investigations; reports; revolving fund

    (a) The Office of Personnel Management shall conduct the 
investigations and issue the reports required by the following 
statutes--
            (1) sections 272b, 281b(e), and 290a of title 22;
            (2) section 1874(c) of title 42; and
            (3) section 1203(e) of title 6, District of 
        Columbia Code.
    (b) When an investigation under subsection (a) of this 
section develops data indicating that the loyalty of the 
individual being investigated is questionable, the Office shall 
refer the matter to the Federal Bureau of Investigation for a 
full field investigation, a report of which shall be furnished 
to the Office for its information and appropriate action.
    (c) When the President considers it in the national 
interest, he may have the investigations of a group or class, 
which are required by subsection (a) of this section, made by 
the Federal Bureau of Investigation rather than the Office.
    (d) The investigation and report required by subsection (a) 
of this section shall be made by the Federal Bureau of 
Investigation rather than the Office for those specific 
positions which the Secretary of State certifies are of a high 
degree of importance or sensitivity.
    (e)(1) A revolving fund is available, to the Office without 
fiscal year limitation, for financing investigations, training, 
and such other functions as the Office is authorized or 
required to perform on a reimbursable basis, including 
personnel management services performed at the request of 
individual agencies (which would otherwise be the 
responsibility of such agencies), or at the request of 
nonappropriated fund instrumentalities. However, the functions 
which may be financed in any fiscal year by the fund are 
restricted to those functions which are covered by the budget 
estimates submitted to the Congress for that fiscal year. To 
the maximum extent feasible, each individual activity shall be 
conducted generally on an actual cost basis over a reasonable 
period of time.
    (2) The capital of the fund consists of the aggregate of--
            (A) appropriations made to provide capital for the 
        fund, which appropriations are hereby authorized, and
            (B) the sum of the fair and reasonable value of 
        such supplies, equipment, and other assets as the 
        Office from time to time transfers to the fund 
        (including the amount of the unexpended balances of 
        appropriations or funds relating to activities the 
        financing of which is transferred to the fund) less the 
        amount of related liabilities, the amount of unpaid 
        obligations, and the value of accrued annual leave of 
        employees, which are attributable to the activities the 
        financing of which is transferred to the fund.
    (3) The fund shall be credited with--
            (A) advances and reimbursements from available 
        funds of the Office or other agencies, or from other 
        sources, for those services and supplies provided at 
        rates estimated by the Office as adequate to recover 
        expenses of operation (including provision for accrued 
        annual leave of employees and depreciation of 
        equipment); and
            (B) receipts from sales or exchanges of property, 
        and payments for loss of or damage to property, 
        accounted for under the fund.
    (4) Any unobligated and unexpended balances in the fund 
which the Office determines to be in excess of amounts needed 
for activities financed by the fund shall be deposited in the 
Treasury of the United States as miscellaneous receipts.
    (5) The Office shall prepare a business-type budget 
providing full disclosure of the results of operations for each 
of the functions performed by the Office and financed by the 
fund, and such budget shall be transmitted to the Congress and 
considered, in the manner prescribed by law for wholly owned 
Government corporations.
    (6) The Comptroller General of the United States shall, as 
a result of his periodic reviews of the activities financed by 
the fund, report and make such recommendations as he deems 
appropriate to the Committee on Governmental Affairs of the 
Senate and the Committee on Post Office and Civil Service of 
the House of Representatives.
    (f) An agency may use available appropriations to reimburse 
the Office or the Federal Bureau of Investigation for the cost 
of investigations, training, and functions performed for them 
under this section, or to make advances toward their cost. 
These advances and reimbursements shall be credited directly to 
the applicable appropriations of the Office or the Federal 
Bureau of Investigation.
    (g) This section does not affect the responsibility of the 
Federal Bureau of Investigation to investigate espionage, 
sabotage, or subversive acts.

Sec. 1305. Administrative law judges

    For the purpose of sections 3105, 3344, 4301(2)(D), and 
5372 of this title and the provisions of section 5335(a)(B) of 
this title that relate to administrative law judges, the Office 
of Personnel Management may, and for the purpose of section 
7521 of this title, the Merit Systems Protection Board may 
investigate, prescribe regulations, appoint advisory committees 
as necessary, recommend legislation, subpena witnesses and 
records, and pay witness fees as established for the courts of 
the United States.

Sec. 1306. Oaths to witnesses

    The Director of the Office of Personnel Management and 
authorized representatives of the Director may administer oaths 
to witnesses in matters pending before the Office.

Sec. 1307. Minutes

    The Civil Service Commission shall keep minutes of its 
proceedings.

[Sec. 1308. Repealed. by P.L. 105-362, Sec. 1302(b), Nov. 10, 1998, 112 
                    Stat. 3293.]


 CHAPTER 15--POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES

Sec.
1501.    Definitions.
1502.    Influencing elections; taking part in political campaigns; 
          prohibitions; exceptions.
1503.    Nonpartisan candidacies permitted.
1504.    Investigations; notice of hearing.
1505.    Hearings; adjudications; notice of determinations.
1506.    Orders; withholding loans or grants; limitations.
1507.    Subpenas and depositions.
1508.    Judicial review.

Sec. 1501. Definitions

    For the purpose of this chapter--
            (1) ``State'' means a State or territory or 
        possession of the United States;
            (2) ``State or local agency'' means the executive 
        branch of a State, municipality, or other political 
        subdivision of a State, or an agency or department 
        thereof;
            (3) ``Federal agency'' means an Executive agency or 
        other agency of the United States, but does not include 
        a member bank of the Federal Reserve System; and
            (4) ``State or local officer or employee'' means an 
        individual employed by a State or local agency whose 
        principal employment is in connection with an activity 
        which is financed in whole or in part by loans or 
        grants made by the United States or a Federal agency, 
        but does not include--
                    (A) an individual who exercises no 
                functions in connection with that activity; or
                    (B) an individual employed by an 
                educational or research institution, 
                establishment, agency, or system which is 
                supported in whole or in part by a State or 
                political subdivision thereof, or by a 
                recognized religious, philanthropic, or 
                cultural organization.

Sec. 1502. Influencing elections; taking part in political campaigns; 
                    prohibitions; exceptions

    (a) A State or local officer or employee may not--
            (1) use his official authority or influence for the 
        purpose of interfering with or affecting the result of 
        an election or a nomination for office;
            (2) directly or indirectly coerce, attempt to 
        coerce, command, or advise a State or local officer or 
        employee to pay, lend, or contribute anything of value 
        to a party, committee, organization, agency, or person 
        for political purposes; or
            (3) be a candidate for elective office.
    (b) A State or local officer or employee retains the right 
to vote as he chooses and to express his opinions on political 
subjects and candidates.
    (c) Subsection (a)(3) of this section does not apply to--
            (1) the Governor or Lieutenant Governor of a State 
        or an individual authorized by law to act as Governor;
            (2) the mayor of a city;
            (3) a duly elected head of an executive department 
        of a State or municipality who is not classified under 
        a State or municipal merit or civil-service system; or
            (4) an individual holding elective office.

Sec. 1503. Nonpartisan candidacies permitted

    Section 1502(a)(3) of this title does not prohibit any 
State or local officer or employee from being a candidate in 
any election if none of the candidates is to be nominated or 
elected at such 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.

Sec. 1504. Investigations; notice of hearing

    When a Federal agency charged with the duty of making a 
loan or grant of funds of the United States for use in an 
activity by a State or local officer or employee has reason to 
believe that the officer or employee has violated section 1502 
of this title, it shall report the matter to the Special 
Counsel. On receipt of the report or on receipt of other 
information which seems to the Special Counsel to warrant an 
investigation, the Special Counsel shall investigate the report 
and such other information and present his findings and any 
charges based on such findings to the Merit Systems Protection 
Board, which shall--
            (1) fix a time and place for a hearing; and
            (2) send, by registered or certified mail, to the 
        officer or employee charged with the violation and to 
        the State or local agency employing him a notice 
        setting forth a summary of the alleged violation and 
        giving the time and place of the hearing.
The hearing may not be held earlier than 10 days after the 
mailing of the notice.

Sec. 1505. Hearings; adjudications; notice of determinations

    Either the State or local officer or employee or the State 
or local agency employing him, or both, are entitled to appear 
with counsel at the hearing under section 1504 of this title, 
and be heard. After this hearing, the Merit Systems Protection 
Board shall--
            (1) determine whether a violation of section 1502 
        of this title has occurred;
            (2) determine whether the violation warrants the 
        removal of the officer or employee from his office or 
        employment; and
            (3) notify the officer or employee and the agency 
        of the determination by registered or certified mail.

Sec. 1506. Orders; withholding loans or grants; limitations

    (a) When the Merit Systems Protection Board finds--
            (1) that a State or local officer or employee has 
        not been removed from his office or employment within 
        30 days after notice of a determination by the Board 
        that he has violated section 1502 of this title and 
        that the violation warrants removal; or
            (2) that the State or local officer or employee has 
        been removed and has been appointed within 18 months 
        after his removal to an office or employment in the 
        same State in a State or local agency which does not 
        receive loans or grants from a Federal agency;
the Board shall make and certify to the appropriate Federal 
agency an order requiring that agency to withhold from its 
loans or grants to the State or local agency to which notice 
was given an amount equal to 2 years' pay at the rate the 
officer or employee was receiving at the time of the violation. 
When the State or local agency to which appointment within 18 
months after removal has been made is one that receives loans 
or grants from a Federal agency, the Board order shall direct 
that the withholding be made from that State or local agency.
    (b) Notice of the order shall be sent by registered or 
certified mail to the State or local agency from which the 
amount is ordered to be withheld. After the order becomes 
final, the Federal agency to which the order is certified shall 
withhold the amount in accordance with the terms of the order. 
Except as provided by section 1508 of this title, a 
determination of order of the Board becomes final at the end of 
30 days after mailing the notice of the determination or order.
    (c) The Board may not require an amount to be withheld from 
a loan or grant pledged by a State or local agency as security 
for its bonds or notes if the withholding of that amount would 
jeopardize the payment of the principal or interest on the 
bonds or notes.

Sec. 1507. Subpenas and depositions

    (a) The Merit Systems Protection Board may require by 
subpena the attendance and testimony of witnesses and the 
production of documentary evidence relating to any matter 
before it as a result of this chapter. Any member of the Board 
may sign subpenas, and members of the Board and its examiners 
when authorized by the Board may administer oaths, examine 
witnesses, and receive evidence. The attendance of witnesses 
and the production of documentary evidence may be required from 
any place in the United States at the designated place of 
hearing. In case of disobedience to a subpena, the Board may 
invoke the aid of a court of the United States in requiring the 
attendance and testimony of witnesses and the production of 
documentary evidence. In case of contumacy or refusal to obey a 
subpena issued to a person, the United States District Court 
within whose jurisdiction the inquiry is carried on may issue 
an order requiring him to appear before the Board, or to 
produce documentary evidence if so ordered, or to give evidence 
concerning the matter in question; and any failure to obey the 
order of the court may be punished by the court as a contempt 
thereof.
    (b) The Board may order testimony to be taken by deposition 
at any stage of a proceeding or investigation before it as a 
result of this chapter. Depositions may be taken before an 
individual designated by the Board and having the power to 
administer oaths. Testimony shall be reduced to writing by the 
individual taking the deposition, or under his direction, and 
shall be subscribed by the deponent. Any person may be 
compelled to appear and depose and to produce documentary 
evidence before the Board as provided by this section.
    (c) A person may not be excused from attending and 
testifying or from producing documentary evidence or in 
obedience to a subpena on the ground that the testimony or 
evidence, documentary or otherwise required of him may tend to 
incriminate him or subject him to a penalty or forfeiture for 
or on account of any transaction, matter, or thing concerning 
which he is compelled to testify, or produce evidence, 
documentary or otherwise, before the Board in obedience to a 
subpena issued by it. A person so testifying is not exempt from 
prosecution and punishment for perjury committed in so 
testifying.

Sec. 1508. Judicial review

    A party aggrieved by a determination or order of the Merit 
Systems Protection Board under section 1504, 1505, or 1506 of 
this title may, within 30 days after the mailing of notice of 
the determination or order, institute proceedings for review 
thereof by filing a petition in the United States District 
Court for the district in which the State or local officer or 
employee resides. The institution of the proceedings does not 
operate as a stay of the determination or order unless--
            (1) the court specifically orders a stay; and
            (2) the officer or employee is suspended from his 
        office or employment while the proceedings are pending.
A copy of the petition shall immediately be served on the 
Board, and thereupon the Board shall certify and file in the 
court a transcript of the record on which the determination or 
order was made. The court shall review the entire record 
including questions of fact and questions of law. If 
application is made to the court for leave to adduce additional 
evidence, and it is shown to the satisfaction of the court that 
the additional evidence may materially affect the result of the 
proceedings and that there were reasonable grounds for failure 
to adduce this evidence in the hearing before the Board, the 
court may direct that the additional evidence be taken before 
the Board in the manner and on the terms and conditions fixed 
by the court. The Board may modify its findings of fact or its 
determination or order in view of the additional evidence and 
shall file with the court the modified findings, determination, 
or order; or the modified findings of fact, if supported by 
substantial evidence, are conclusive. The court shall affirm 
the determination or order, or the modified determination or 
order, if the court determines that it is in accordance with 
law. If the court determines that the determination or order, 
or the modified determination or order, is not in accordance 
with law, the court shall remand the proceeding to the Board 
with directions either to make a determination or order 
determined by the court to be lawful or to take such further 
proceedings as, in the opinion of the court, the law requires. 
The judgment and decree of the court are final, subject to 
review by the appropriate United States Court of Appeals as in 
other cases, and the judgment and decree of the court of 
appeals are final, subject to review by the Supreme Court of 
the United States on certiorari or certification as provided by 
section 1254 of title 28. If a provision of this section is 
held to be invalid as applied to a party by a determination or 
order of the Board, the determination or order becomes final 
and effective as to that party as if the provision had not been 
enacted.


                          PART III--EMPLOYEES

                     Subpart A--General Provisions

Chap.                                                               Sec.
      Definitions...................................................2101
      Merit System Principles.......................................2301
      Commissions, Oaths, Records, and Reports......................2901

                  Subpart B--Employment and Retention
---------------------------------------------------------------------------

    \1\ So in law. Probably should read ``Part-Time Career Employment 
Opportunities''.
---------------------------------------------------------------------------
      Authority for Employment......................................3101
      Examination, Selection, and Placement.........................3301
      Part-time career employment opportunities \1\.................3401
      Retention Preference, Restoration, and Reemployment...........3501

                    Subpart C--Employee Performance

      Training......................................................4101
      Performance Appraisal.........................................4301
      Incentive Awards..............................................4501
      Personnel Research Programs and Demonstration Projects........4701

                     Subpart D--Pay and Allowances

      Classification................................................5101
      Pay Rates and Systems.........................................5301
      Pay Administration............................................5501
      Travel, Transportation, and Subsistence.......................5701
      Allowances....................................................5901

                    Subpart E--Attendance and Leave

      Hours of Work.................................................6101
      Leave.........................................................6301

           Subpart F--Labor-Management and Employee Relations

      Labor-Management Relations....................................7101
      Antidiscrimination; Right to Petition Congress................7201
      Suitability, Security, and Conduct............................7301
      Adverse Actions...............................................7501
      Appeals.......................................................7701
      Services to Employees.........................................7901

                   Subpart G--Insurance and Annuities

Chap.                                                               Sec.
      Compensation for Work Injuries................................8101
      Retirement....................................................8301
      Federal Employees' Retirement System..........................8401
      Unemployment Compensation.....................................8501
      Life Insurance................................................8701
      Health Insurance..............................................8901
      Long-Term Care Insurance......................................9001

        Subpart H--Access to Criminal History Record Information

      Access to Criminal History Records for National Security and Other 
        Purposes....................................................9101

                        Subpart I--Miscellaneous

       Personnel flexibilities relating to the Internal Revenue Service 
        \1\.........................................................9501
    
---------------------------------------------------------------------------
    \1\ So in law. Section 1201 of Public Law 105-206 added to the 
table of sections the following: ``Personnel flexibilities relating to 
the Internal Revenue Service''. Probably should have been ``Personnel 
Flexibilities Relating to the Internal Revenue Service''.


                     Subpart A--General Provisions

                        CHAPTER 21--DEFINITIONS

Sec.
2101.    Civil service; armed forces; uniformed services.
2101a.   The Senior Executive Service.
2102.    The competitive service.
2103.    The excepted service.
2104.    Officer.
2105.    Employee.
2106.    Member of Congress.
2107.    Congressional employee.
2108.    Veteran; disabled veteran; preference eligible.
2109.    Air traffic controller; Secretary.

Sec. 2101. Civil service; armed forces; uniformed services

    For the purpose of this title--
            (1) the ``civil service'' consists of all 
        appointive positions in the executive, judicial, and 
        legislative branches of the Government of the United 
        States, except positions in the uniformed services;
            (2) ``armed forces'' means the Army, Navy, Air 
        Force, Marine Corps, and Coast Guard; and
            (3) ``uniformed services'' means the armed forces, 
        the commissioned corps of the Public Health Service, 
        and the commissioned corps of the National Oceanic and 
        Atmospheric Administration.

Sec. 2101a. The Senior Executive Service

    The ``Senior Executive Service'' consists of Senior 
Executive Service positions (as defined in section 3132(a)(2) 
of this title).

Sec. 2102. The competitive service

    (a) The ``competitive service'' consists of--
            (1) all civil service positions in the executive 
        branch, except--
                    (A) positions which are specifically 
                excepted from the competitive service by or 
                under statute;
                    (B) positions to which appointments are 
                made by nomination for confirmation by the 
                Senate, unless the Senate otherwise directs; 
                and
                    (C) positions in the Senior Executive 
                Service;
            (2) civil service positions not in the executive 
        branch which are specifically included in the 
        competitive service by statute; and
            (3) positions in the government of the District of 
        Columbia which are specifically included in the 
        competitive service by statute.
    (b) Notwithstanding subsection (a)(1)(B) of this section, 
the ``competitive service'' includes positions to which 
appointments are made by nomination for confirmation by the 
Senate when specifically included therein by statute.
    (c) As used in other Acts of Congress, ``classified civil 
service'' or ``classified service'' means the ``competitive 
service''.

Sec. 2103. The excepted service

    (a) For the purpose of this title, the ``excepted service'' 
consists of those civil service positions which are not in the 
competitive service or the Senior Executive Service.
    (b) As used in other Acts of Congress, ``unclassified civil 
service'' or ``unclassified service'' means the ``excepted 
service''.

Sec. 2104. Officer

    (a) For the purpose of this title, ``officer'', except as 
otherwise provided by this section or when specifically 
modified, means a justice or judge of the United States and an 
individual who is--
            (1) required by law to be appointed in the civil 
        service by one of the following acting in an official 
        capacity--
                    (A) the President;
                    (B) a court of the United States;
                    (C) the head of an Executive agency; or
                    (D) the Secretary of a military department;
            (2) engaged in the performance of a Federal 
        function under authority of law or an Executive act; 
        and
            (3) subject to the supervision of an authority 
        named by paragraph (1) of this section, or the Judicial 
        Conference of the United States, while engaged in the 
        performance of the duties of his office.
    (b) Except as otherwise provided by law, an officer of the 
United States Postal Service or of the Postal Rate Commission 
is deemed not an officer for purposes of this title.

Sec. 2105. Employee

    (a) For the purpose of this title, ``employee'', except as 
otherwise provided by this section or when specifically 
modified, means an officer and an individual who is--
            (1) appointed in the civil service by one of the 
        following acting in an official capacity--
                    (A) the President;
                    (B) a Member or Members of Congress, or the 
                Congress;
                    (C) a member of a uniformed service;
                    (D) an individual who is an employee under 
                this section;
                    (E) the head of a Government controlled 
                corporation; or
                    (F) an adjutant general designated by the 
                Secretary concerned under section 709(c) of 
                title 32;
            (2) engaged in the performance of a Federal 
        function under authority of law or an Executive act; 
        and
            (3) subject to the supervision of an individual 
        named by paragraph (1) of this subsection while engaged 
        in the performance of the duties of his position.
    (b) An individual who is employed at the United States 
Naval Academy in the midshipmen's laundry, the midshipmen's 
tailor shop, the midshipmen's cobbler and barber shops, and the 
midshipmen's store, except an individual employed by the 
Academy dairy (if any), and whose employment in such a position 
began before October 1, 1996, and has been uninterrupted in 
such a position since that date is deemed an employee.
    (c) An employee paid from nonappropriated funds of the Army 
and Air Force Exchange Service, Army and Air Force Motion 
Picture Service, Navy Ship's Stores Ashore, Navy exchanges, 
Marine Corps exchanges, Coast Guard exchanges, and other 
instrumentalities of the United States under the jurisdiction 
of the armed forces conducted for the comfort, pleasure, 
contentment, and mental and physical improvement of personnel 
of the armed forces is deemed not an employee for the purpose 
of--
            (1) laws administered by the Office of Personnel 
        Management, except--
                    (A) section 7204;
                    (B) as otherwise specifically provided in 
                this title;
                    (C) the Fair Labor Standards Act of 1938;
                    (D) for the purpose of entering into an 
                interchange agreement to provide for the 
                noncompetitive movement of employees between 
                such instrumentalities and the competitive 
                service; or
                    (E) subchapter V of chapter 63, which shall 
                be applied so as to construe references to 
                benefit programs to refer to applicable 
                programs for employees paid from 
                nonappropriated funds; or
            (2) subchapter I of chapter 81, chapter 84 (except 
        to the extent specifically provided therein), and 
        section 7902 of this title.
This subsection does not affect the status of these 
nonappropriated fund activities as Federal instrumentalities.
    (d) A Reserve of the armed forces who is not on active duty 
or who is on active duty for training is deemed not an employee 
or an individual holding an office of trust or profit or 
discharging an official function under or in connection with 
the United States because of his appointment, oath, or status, 
or any duties or functions performed or pay or allowances 
received in that capacity.
    (e) Except as otherwise provided by law, an employee of the 
United States Postal Service or of the Postal Rate Commission 
is deemed not an employee for purposes of this title.
    (f) For purposes of sections 1212, 1213, 1214, 1215, 1216, 
1221, 1222, 2302, and 7701, employees appointed under chapter 
73 or 74 of title 38 shall be employees.

Sec. 2106. Member of Congress

    For the purpose of this title, ``Member of Congress'' means 
the Vice President, a member of the Senate or the House of 
Representatives, a Delegate to the House of Representatives, 
and the Resident Commissioner from Puerto Rico.

Sec. 2107. Congressional employee

    For the purpose of this title, ``Congressional employee'' 
means--
            (1) an employee of either House of Congress, of a 
        committee of either House, or of a joint committee of 
        the two Houses;
            (2) an elected officer of either House who is not a 
        Member of Congress;
            (3) the Legislative Counsel of either House and an 
        employee of his office;
            (4) a member of the Capitol Police;
            (5) an employee of a Member of Congress if the pay 
        of the employee is paid by the Secretary of the Senate 
        or the Chief Administrative Officer of the House of 
        Representatives;
            [(6) Repealed. Pub. L. 90-83, Sec. 1(5)(A), Sept. 
        11, 1967, 81 Stat. 196.]
            (7) the Architect of the Capitol and an employee of 
        the Architect of the Capitol;
            (8) an employee of the Botanic Garden; and
            (9) an employee of the Capitol Guide Service.

Sec. 2108. Veteran; disabled veteran; preference eligible

    For the purpose of this title--
            (1) ``veteran'' means an individual who--
                    (A) served on active duty in the armed 
                forces during a war, in a campaign or 
                expedition for which a campaign badge has been 
                authorized, or during the period beginning 
                April 28, 1952, and ending July 1, 1955;
                    (B) served on active duty as defined by 
                section 101(21) of title 38 at any time in the 
                armed forces for a period of more than 180 
                consecutive days any part of which occurred 
                after January 31, 1955, and before the date of 
                enactment of the Veterans' Education and 
                Employment Assistance Act of 1976, not 
                including service under section 511(d) of title 
                10 pursuant to an enlistment in the Army 
                National Guard or the Air National Guard or as 
                a Reserve for service in the Army Reserve, 
                Naval Reserve, Air Force Reserve, Marine Corps 
                Reserve, or Coast Guard Reserve; or
                    (C) served on active duty as defined by 
                section 101(21) of title 38 in the armed forces 
                during the period beginning on August 2, 1990, 
                and ending on January 2, 1992;
        and who has been separated from the armed forces under 
        honorable conditions;
            (2) ``disabled veteran'' means an individual who 
        has served on active duty in the armed forces, has been 
        separated therefrom under honorable conditions, and has 
        established the present existence of a service-
        connected disability or is receiving compensation, 
        disability retirement benefits, or pension because of a 
        public statute administered by the Department of 
        Veterans Affairs or a military department;
            (3) ``preference eligible'' means, except as 
        provided in paragraph (4) of this section--
                    (A) a veteran as defined by paragraph 
                (1)(A) of this section;
                    (B) a veteran as defined by paragraph 
                (1)(B) or (C) of this section;
                    (C) a disabled veteran;
                    (D) the unmarried widow or widower of a 
                veteran as defined by paragraph (1)(A) of this 
                section;
                    (E) the wife or husband of a service-
                connected disabled veteran if the veteran has 
                been unable to qualify for any appointment in 
                the civil service or in the government of the 
                District of Columbia;
                    (F) the mother of an individual who lost 
                his life under honorable conditions while 
                serving in the armed forces during a period 
                named by paragraph (1)(A) of this section, if--
                            (i) her husband is totally and 
                        permanently disabled;
                            (ii) she is widowed, divorced, or 
                        separated from the father and has not 
                        remarried; or
                            (iii) she has remarried but is 
                        widowed, divorced, or legally separated 
                        from her husband when preference is 
                        claimed; and
                    (G) the mother of a service-connected 
                permanently and totally disabled veteran, if--
                            (i) her husband is totally and 
                        permanently disabled;
                            (ii) she is widowed, divorced, or 
                        separated from the father and has not 
                        remarried; or
                            (iii) she has remarried but is 
                        widowed, divorced, or legally separated 
                        from her husband when preference is 
                        claimed;
        but does not include applicants for, or members of, the 
        Senior Executive Service, the Defense Intelligence 
        Senior Executive Service, the Senior Cryptologic 
        Executive Service, or the Federal Bureau of 
        Investigation and Drug Enforcement Administration 
        Senior Executive Service;
            (4) except for the purposes of chapters 43 and 75 
        of this title, ``preference eligible'' does not include 
        a retired member of the armed forces unless--
                    (A) the individual is a disabled veteran; 
                or
                    (B) the individual retired below the rank 
                of major or its equivalent; and
            (5) ``retired member of the armed forces'' means a 
        member or former member of the armed forces who is 
        entitled, under statute, to retired, retirement, or 
        retainer pay on account of service as a member.

Sec. 2109. Air traffic controller; Secretary

    For the purpose of this title--
            (1) ``air traffic controller'' or ``controller'' 
        means a civilian employee of the Department of 
        Transportation or the Department of Defense who, in an 
        air traffic control facility or flight service station 
        facility--
                    (A) is actively engaged--
                            (i) in the separation and control 
                        of air traffic; or
                            (ii) in providing preflight, 
                        inflight, or airport advisory service 
                        to aircraft operators; or
                    (B) is the immediate supervisor of any 
                employee described in subparagraph (A); and
            (2) ``Secretary'', when used in connection with 
        ``air traffic controller'' or ``controller'', means the 
        Secretary of Transportation with respect to controllers 
        in the Department of Transportation, and the Secretary 
        of Defense with respect to controllers in the 
        Department of Defense.


                  CHAPTER 23--MERIT SYSTEM PRINCIPLES

Sec.
2301.    Merit system principles.
2302.    Prohibited personnel practices.
2303.    Prohibited personnel practices in the Federal Bureau of 
          Investigation.
2304.    Responsibility of the General Accounting Office.
2305.    Coordination with certain other provisions of law.

Sec. 2301. Merit system principles

    (a) This section shall apply to--
            (1) an Executive agency; and
            (2) the Government Printing Office.
    (b) Federal personnel management should be implemented 
consistent with the following merit system principles:
            (1) Recruitment should be from qualified 
        individuals from appropriate sources in an endeavor to 
        achieve a work force from all segments of society, and 
        selection and advancement should be determined solely 
        on the basis of relative ability, knowledge, and 
        skills, after fair and open competition which assures 
        that all receive equal opportunity.
            (2) All employees and applicants for employment 
        should receive fair and equitable treatment in all 
        aspects of personnel management without regard to 
        political affiliation, race, color, religion, national 
        origin, sex, marital status, age, or handicapping 
        condition, and with proper regard for their privacy and 
        constitutional rights.
            (3) Equal pay should be provided for work of equal 
        value, with appropriate consideration of both national 
        and local rates paid by employers in the private 
        sector, and appropriate incentives and recognition 
        should be provided for excellence in performance.
            (4) All employees should maintain high standards of 
        integrity, conduct, and concern for the public 
        interest.
            (5) The Federal work force should be used 
        efficiently and effectively.
            (6) Employees should be retained on the basis of 
        the adequacy of their performance, inadequate 
        performance should be corrected, and employees should 
        be separated who cannot or will not improve their 
        performance to meet required standards.
            (7) Employees should be provided effective 
        education and training in cases in which such education 
        and training would result in better organizational and 
        individual performance.
            (8) Employees should be--
                    (A) protected against arbitrary action, 
                personal favoritism, or coercion for partisan 
                political purposes, and
                    (B) prohibited from using their official 
                authority or influence for the purpose of 
                interfering with or affecting the result of an 
                election or a nomination for election.
            (9) Employees should be protected against reprisal 
        for the lawful disclosure of information which the 
        employees reasonably believe evidences--
                    (A) a violation of any law, rule, or 
                regulation, or
                    (B) mismanagement, a gross waste of funds, 
                an abuse of authority, or a substantial and 
                specific danger to public health or safety.
    (c) In administering the provisions of this chapter--
            (1) with respect to any agency (as defined in 
        section 2302(a)(2)(C) of this title), the President 
        shall, pursuant to the authority otherwise available 
        under this title, take any action, including the 
        issuance of rules, regulations, or directives; and
            (2) with respect to any entity in the executive 
        branch which is not such an agency or part of such an 
        agency, the head of such entity shall, pursuant to 
        authority otherwise available, take any action, 
        including the issuance of rules, regulations, or 
        directives;
which is consistent with the provisions of this title and which 
the President or the head, as the case may be, determines is 
necessary to ensure that personnel management is based on and 
embodies the merit system principles.

Sec. 2302. Prohibited personnel practices

    (a)(1) For the purpose of this title, ``prohibited 
personnel practice'' means any action described in subsection 
(b).
    (2) For the purpose of this section--
            (A) ``personnel action'' means--
                    (i) an appointment;
                    (ii) a promotion;
                    (iii) an action under chapter 75 of this 
                title or other disciplinary or corrective 
                action;
                    (iv) a detail, transfer, or reassignment;
                    (v) a reinstatement;
                    (vi) a restoration;
                    (vii) a reemployment;
                    (viii) a performance evaluation under 
                chapter 43 of this title;
                    (ix) a decision concerning pay, benefits, 
                or awards concerning education or training if 
                the education or training may reasonably be 
                expected to lead to an appointment, promotion, 
                performance evaluation, or other action 
                described in this subparagraph;
                            (x) \1\ a decision to order 
                        psychiatric testing or examination; and
---------------------------------------------------------------------------
    \1\ So in original. The margins for this clause probably should be 
moved 2 ems to the left.
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                            (xi) \1\ any other significant 
                        change in duties, responsibilities, or 
                        working conditions;
        with respect to an employee in, or applicant for, a 
        covered position in an agency, and in the case of an 
        alleged prohibited personnel practice described in 
        subsection (b)(8), an employee or applicant for 
        employment in a Government corporation as defined in 
        section 9101 of title 31;
            (B) ``covered position'' means, with respect to any 
        personnel action, any position in the competitive 
        service, a career appointee position in the Senior 
        Executive Service, or a position in the excepted 
        service, but does not include any position which is, 
        prior to the personnel action--
                    (i) excepted from the competitive service 
                because of its confidential, policy-
                determining, policy-making, or policy-
                advocating character; or
                    (ii) excluded from the coverage of this 
                section by the President based on a 
                determination by the President that it is 
                necessary and warranted by conditions of good 
                administration; and
            (C) ``agency'' means an Executive agency and the 
        Government Printing Office, but does not include--
                    (i) a Government corporation, except in the 
                case of an alleged prohibited personnel 
                practice described under subsection (b)(8);
                    (ii) the Federal Bureau of Investigation, 
                the Central Intelligence Agency, the Defense 
                Intelligence Agency, the National Imagery and 
                Mapping Agency, the National Security Agency, 
                and, as determined by the President, any 
                Executive agency or unit thereof the principal 
                function of which is the conduct of foreign 
                intelligence or counterintelligence activities; 
                or
                    (iii) the General Accounting Office.
    (b) Any employee who has authority to take, direct others 
to take, recommend, or approve any personnel action, shall not, 
with respect to such authority--
            (1) discriminate for or against any employee or 
        applicant for employment--
                    (A) on the basis of race, color, religion, 
                sex, or national origin, as prohibited under 
                section 717 of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e-16);
                    (B) on the basis of age, as prohibited 
                under sections 12 and 15 of the Age 
                Discrimination in Employment Act of 1967 (29 
                U.S.C. 631, 633a);
                    (C) on the basis of sex, as prohibited 
                under section 6(d) of the Fair Labor Standards 
                Act of 1938 (29 U.S.C. 206(d));
                    (D) on the basis of handicapping condition, 
                as prohibited under section 501 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 791); or
                    (E) on the basis of marital status or 
                political affiliation, as prohibited under any 
                law, rule, or regulation;
            (2) solicit or consider any recommendation or 
        statement, oral or written, with respect to any 
        individual who requests or is under consideration for 
        any personnel action unless such recommendation or 
        statement is based on the personal knowledge or records 
        of the person furnishing it and consists of--
                    (A) an evaluation of the work performance, 
                ability, aptitude, or general qualifications of 
                such individual; or
                    (B) an evaluation of the character, 
                loyalty, or suitability of such individual;
            (3) coerce the political activity of any person 
        (including the providing of any political contribution 
        or service), or take any action against any employee or 
        applicant for employment as a reprisal for the refusal 
        of any person to engage in such political activity;
            (4) deceive or willfully obstruct any person with 
        respect to such person's right to compete for 
        employment;
            (5) influence any person to withdraw from 
        competition for any position for the purpose of 
        improving or injuring the prospects of any other person 
        for employment;
            (6) grant any preference or advantage not 
        authorized by law, rule, or regulation to any employee 
        or applicant for employment (including defining the 
        scope or manner of competition or the requirements for 
        any position) for the purpose of improving or injuring 
        the prospects of any particular person for employment;
            (7) appoint, employ, promote, advance, or advocate 
        for appointment, employment, promotion, or advancement, 
        in or to a civilian position any individual who is a 
        relative (as defined in section 3110(a)(3) of this 
        title) of such employee if such position is in the 
        agency in which such employee is serving as a public 
        official (as defined in section 3110(a)(2) of this 
        title) or over which such employee exercises 
        jurisdiction or control as such an official;
            (8) take or fail to take, or threaten to take or 
        fail to take, a personnel action with respect to any 
        employee or applicant for employment because of--
                    (A) any disclosure of information by an 
                employee or applicant which the employee or 
                applicant reasonably believes evidences--
                            (i) a violation of any law, rule, 
                        or regulation, or
                            (ii) gross mismanagement, a gross 
                        waste of funds, an abuse of authority, 
                        or a substantial and specific danger to 
                        public health or safety,
                if such disclosure is not specifically 
                prohibited by law and if such information is 
                not specifically required by Executive order to 
                be kept secret in the interest of national 
                defense or the conduct of foreign affairs; or
                    (B) any disclosure to the Special Counsel, 
                or to the Inspector General of an agency or 
                another employee designated by the head of the 
                agency to receive such disclosures, of 
                information which the employee or applicant 
                reasonably believes evidences--
                            (i) a violation of any law, rule, 
                        or regulation, or
                            (ii) gross mismanagement, a gross 
                        waste of funds, an abuse of authority, 
                        or a substantial and specific danger to 
                        public health or safety;
            (9) take or fail to take, or threaten to take or 
        fail to take, any personnel action against any employee 
        or applicant for employment because of--
                    (A) the exercise of any appeal, complaint, 
                or grievance right granted by any law, rule, or 
                regulation;
                    (B) testifying for or otherwise lawfully 
                assisting any individual in the exercise of any 
                right referred to in subparagraph (A);
                    (C) cooperating with or disclosing 
                information to the Inspector General of an 
                agency, or the Special Counsel, in accordance 
                with applicable provisions of law; or
                    (D) for refusing to obey an order that 
                would require the individual to violate a law.
            (10) discriminate for or against any employee or 
        applicant for employment on the basis of conduct which 
        does not adversely affect the performance of the 
        employee or applicant or the performance of others; 
        except that nothing in this paragraph shall prohibit an 
        agency from taking into account in determining 
        suitability or fitness any conviction of the employee 
        or applicant for any crime under the laws of any State, 
        of the District of Columbia, or of the United States;
            (11)(A) knowingly take, recommend, or approve any 
        personnel action if the taking of such action would 
        violate a veterans' preference requirement; or
            (B) knowingly fail to take, recommend, or approve 
        any personnel action if the failure to take such action 
        would violate a veterans' preference requirement; or
            (12) take or fail to take any other personnel 
        action if the taking of or failure to take such action 
        violates any law, rule, or regulation implementing, or 
        directly concerning, the merit system principles 
        contained in section 2301 of this title.
This subsection shall not be construed to authorize the 
withholding of information from the Congress or the taking of 
any personnel action against an employee who discloses 
information to the Congress.
    (c) The head of each agency shall be responsible for the 
prevention of prohibited personnel practices, for the 
compliance with and enforcement of applicable civil service 
laws, rules, and regulations, and other aspects of personnel 
management, and for ensuring (in consultation with the Office 
of Special Counsel) that agency employees are informed of the 
rights and remedies available to them under this chapter and 
chapter 12 of this title. Any individual to whom the head of an 
agency delegates authority for personnel management, or for any 
aspect thereof, shall be similarly responsible within the 
limits of the delegation.
    (d) This section shall not be construed to extinguish or 
lessen any effort to achieve equal employment opportunity 
through affirmative action or any right or remedy available to 
any employee or applicant for employment in the civil service 
under--
            (1) section 717 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e-16), prohibiting discrimination on the 
        basis of race, color, religion, sex, or national 
        origin;
            (2) sections 12 and 15 of the Age Discrimination in 
        Employment Act of 1967 (29 U.S.C. 631, 633a), 
        prohibiting discrimination on the basis of age;
            (3) under section 6(d) of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 206(d)), prohibiting 
        discrimination on the basis of sex;
            (4) section 501 of the Rehabilitation Act of 1973 
        (29 U.S.C. 791), prohibiting discrimination on the 
        basis of handicapping condition; or
            (5) the provisions of any law, rule, or regulation 
        prohibiting discrimination on the basis of marital 
        status or political affiliation.
    (e)(1) For the purpose of this section, the term 
``veterans' preference requirement'' means any of the following 
provisions of law:
            (A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312, 
        3313, 3314, 3315, 3316, 3317(b), 3318, 3320, 3351, 
        3352, 3363, 3501, 3502(b), 3504, and 4303(e) and (with 
        respect to a preference eligible referred to in section 
        7511(a)(1)(B)) subchapter II of chapter 75 and section 
        7701.
            (B) Sections 943(c)(2) and 1784(c) of title 10.
            (C) Section 1308(b) of the Alaska National Interest 
        Lands Conservation Act.
            (D) Section 301(c) of the Foreign Service Act of 
        1980.
            (E) Sections 106(f), 7281(e), and 7802(5) of title 
        38.
            (F) Section 1005(a) of title 39.
            (G) Any other provision of law that the Director of 
        the Office of Personnel Management designates in 
        regulations as being a veterans' preference requirement 
        for the purposes of this subsection.
            (H) Any regulation prescribed under subsection (b) 
        or (c) of section 1302 and any other regulation that 
        implements a provision of law referred to in any of the 
        preceding subparagraphs.
    (2) Notwithstanding any other provision of this title, no 
authority to order corrective action shall be available in 
connection with a prohibited personnel practice described in 
subsection (b)(11). Nothing in this paragraph shall be 
considered to affect any authority under section 1215 (relating 
to disciplinary action).

Sec. 2303. Prohibited personnel practices in the Federal Bureau of 
                    Investigation

    (a) Any employee of the Federal Bureau of Investigation who 
has authority to take, direct others to take, recommend, or 
approve any personnel action, shall not, with respect to such 
authority, take or fail to take a personnel action with respect 
to any employee of the Bureau as a reprisal for a disclosure of 
information by the employee to the Attorney General (or an 
employee designated by the Attorney General for such purpose) 
which the employee or applicant reasonably believes evidences--
            (1) a violation of any law, rule, or regulation, or
            (2) mismanagement, a gross waste of funds, an abuse 
        of authority, or a substantial and specific danger to 
        public health or safety.
For the purpose of this subsection, ``personnel action'' means 
any action described in clauses (i) through (x) of section 
2302(a)(2)(A) of this title with respect to an employee in, or 
applicant for, a position in the Bureau (other than a position 
of a confidential, policy-determining, policy-making, or 
policy-advocating character).
    (b) The Attorney General shall prescribe regulations to 
ensure that such a personnel action shall not be taken against 
an employee of the Bureau as a reprisal for any disclosure of 
information described in subsection (a) of this section.
    (c) The President shall provide for the enforcement of this 
section in a manner consistent with applicable provisions of 
sections 1214 and 1221 of this title.

Sec. 2304. Responsibility of the General Accounting Office

    If requested by either House of the Congress (or any 
committee thereof), or if considered necessary by the 
Comptroller General, the General Accounting Office shall 
conduct audits and reviews to assure compliance with the laws, 
rules, and regulations governing employment in the executive 
branch and in the competitive service and to assess the 
effectiveness and soundness of Federal personnel management.

Sec. 2305. Coordination with certain other provisions of law

    No provision of this chapter, or action taken under this 
chapter, shall be construed to impair the authorities and 
responsibilities set forth in section 102 of the National 
Security Act of 1947 (61 Stat. 495; 50 U.S.C. 403), the Central 
Intelligence Agency Act of 1949 (63 Stat. 208; 50 U.S.C. 403a 
and following), the Act entitled ``An Act to provide certain 
administrative authorities for the National Security Agency, 
and for other purposes'', approved May 29, 1959 (73 Stat. 63; 
50 U.S.C. 402 note), and the Act entitled ``An Act to amend the 
Internal Security Act of 1950'', approved March 26, 1964 (78 
Stat. 168; 50 U.S.C. 831-835).


          CHAPTER 29--COMMISSIONS, OATHS, RECORDS, AND REPORTS

              SUBCHAPTER I--COMMISSIONS, OATHS, AND RECORDS

Sec.
2901.    Commission of an officer.
2902.    Commission; where recorded.
2903.    Oath; authority to administer.
2904.    Oath; administered without fees.
2905.    Oath; renewal.
2906.    Oath; custody.

                         SUBCHAPTER II--REPORTS

2951.    Reports to the Office of Personnel Management.
2952.    Time of making annual reports.
2953.    Reports to Congress on additional employee requirements.
2954.    Information to committees of Congress on request.

             SUBCHAPTER I--COMMISSIONS, OATHS, AND RECORDS

Sec. 2901. Commission of an officer

    The President may make out and deliver, after adjournment 
of the Senate, the commission of an officer whose appointment 
has been confirmed by the Senate.

Sec. 2902. Commission; where recorded

    (a) Except as provided by subsections (b) and (c) of this 
section, the Secretary of State shall make out and record, and 
affix the seal of the United States to, the commission of an 
officer appointed by the President. The seal of the United 
States may not be affixed to the commission before the 
commission has been signed by the President.
    (b) The commission of an officer in the civil service or 
uniformed services under the control of the Secretary of 
Agriculture, the Secretary of Commerce, the Secretary of 
Defense, the Secretary of a military department, the Secretary 
of the Interior, or the Secretary of the Treasury shall be made 
out and recorded in the department in which he is to serve 
under the seal of that department. The departmental seal may 
not be affixed to the commission before the commission has been 
signed by the President.
    (c) The commissions of judicial officers and United States 
attorneys and marshals, appointed by the President, by and with 
the advice and consent of the Senate, and other commissions 
which before August 8, 1888, were prepared at the Department of 
State on the requisition of the Attorney General, shall be made 
out and recorded in the Department of Justice under the seal of 
that department and countersigned by the Attorney General. The 
departmental seal may not be affixed to the commission before 
the commission has been signed by the President.

Sec. 2903. Oath; authority to administer

    (a) The oath of office required by section 3331 of this 
title may be administered by an individual authorized by the 
laws of the United States or local law to administer oaths in 
the State, District, or territory or possession of the United 
States where the oath is administered.
    (b) An employee of an Executive agency designated in 
writing by the head of the Executive agency, or the Secretary 
of a military department with respect to an employee of his 
department, may administer--
            (1) the oath of office required by section 3331 of 
        this title, incident to entrance into the executive 
        branch; or
            (2) any other oath required by law in connection 
        with employment in the executive branch.
    (c) An oath authorized or required under the laws of the 
United States may be administered by--
            (1) the Vice President; or
            (2) an individual authorized by local law to 
        administer oaths in the State, District, or territory 
        or possession of the United States where the oath is 
        administered.

Sec. 2904. Oath; administered without fees

    An employee of an Executive agency who is authorized to 
administer the oath of office required by section 3331 of this 
title, or any other oath required by law in connection with 
employment in the executive branch, may not charge or receive a 
fee or pay for administering the oath.

Sec. 2905. Oath; renewal

    (a) An employee of an Executive agency or an individual 
employed by the government of the District of Columbia who, on 
original appointment, subscribed to the oath of office required 
by section 3331 of this title is not required to renew the oath 
because of a change in status so long as his service is 
continuous in the agency in which he is employed, unless, in 
the opinion of the head of the Executive agency, the Secretary 
of a military department with respect to an employee of his 
department, or the Commissioners of the District of Columbia, 
the public interest so requires.
    (b) An individual who, on appointment as an employee of a 
House of Congress, subscribed to the oath of office required by 
section 3331 of this title is not required to renew the oath so 
long as his service as an employee of that House of Congress is 
continuous.

Sec. 2906. Oath; custody

    The oath of office taken by an individual under section 
3331 of this title shall be delivered by him to, and preserved 
by, the House of Congress, agency, or court to which the office 
pertains.


                         SUBCHAPTER II--REPORTS

Sec. 2951. Reports to the Office of Personnel Management

    The President may prescribe rules which shall provide, as 
nearly as conditions of good administration warrant, that--
            (1) the appointing authority notify the Office of 
        Personnel Management in writing of the following 
        actions and their dates as to each individual selected 
        for appointment in the competitive service from among 
        those who have been examined--
                    (A) appointment and residence of appointee;
                    (B) separation during probation;
                    (C) transfer;
                    (D) resignation;
                    (E) removal; and
            (2) the Office keep records of these actions.

Sec. 2952. Time of making annual reports

    Except when a different time is specifically prescribed by 
statute, the head of each Executive department or military 
department shall make the annual reports, required to be 
submitted to Congress, at the beginning of each regular session 
of Congress. The reports shall cover the transactions of the 
preceding year.

Sec. 2953. Reports to Congress on additional employee requirements

    (a) Each report, recommendation, or other communication, of 
an official nature, of an Executive agency which--
            (1) relates to pending or proposed legislation 
        which, if enacted, will entail an estimated annual 
        expenditure of appropriated funds in excess of 
        $1,000,000;
            (2) is submitted or transmitted to Congress or a 
        committee thereof in compliance with law or on the 
        initiative of the appropriate authority of the 
        executive branch; and
            (3) officially proposes or recommends the creation 
        or expansion, either by action of Congress or by 
        administrative action, of a function, activity, or 
        authority of the Executive agency to be in addition to 
        those functions, activities, and authorities thereof 
        existing when the report, recommendation, or other 
        communication is so submitted or transmitted;
shall contain a statement, concerning the Executive agency, for 
each of the first 5 fiscal years during which each additional 
or expanded function, activity, or authority so proposed or 
recommended is to be in effect, setting forth the following 
information--
            (A) the estimated maximum additional--
                    (i) man-years of civilian employment, by 
                general categories of positions;
                    (ii) expenditures for personal services; 
                and
                    (iii) expenditures for all purposes other 
                than personal services;
        which are attributable to the function, activity, or 
        authority and which will be required to be effected by 
        the Executive agency in connection with the performance 
        thereof; and
            (B) such other statement, discussion, explanation, 
        or other information as is considered advisable by the 
        appropriate authority of the executive branch or that 
        is required by Congress or a committee thereof.
    (b) Subsection (a) of this section does not apply to--
            (1) the Central Intelligence Agency;
            (2) a Government controlled corporation; or
            (3) the General Accounting Office.

Sec. 2954. Information to committees of Congress on request

    An Executive agency, on request of the Committee on 
Government Operations of the House of Representatives, or of 
any seven members thereof, or on request of the Committee on 
Governmental Affairs of the Senate, or any five members 
thereof, shall submit any information requested of it relating 
to any matter within the jurisdiction of the committee.


                  Subpart B--Employment and Retention

                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT

                  SUBCHAPTER I--EMPLOYMENT AUTHORITIES

Sec.
3101.    General authority to employ.
3102.    Employment of personal assistants for handicapped employees, 
          including blind and deaf employees.
3103.    Employment at seat of Government only for services rendered.
3104.    Employment of specially qualified scientific and professional 
          personnel.
3105.    Appointment of administrative law judges.
3106.    Employment of attorneys; restrictions.
3107.    Employment of publicity experts; restrictions.
3108.    Employment of detective agencies; restrictions.
3109.    Employment of experts and consultants; temporary or 
          intermittent.
3110.    Employment of relatives; restrictions.
3111.    Acceptance of volunteer service.
3112.    Disabled veterans; noncompetitive appointment.
3113.    Restriction on reemployment after conviction of certain crimes.

               SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE

3131.    The Senior Executive Service.
3132.    Definitions and exclusions.
3133.    Authorization of positions; authority for appointment.
3134.    Limitations on noncareer and limited appointments.
[3135.   Repealed.]
3136.    Regulations.

SUBCHAPTER III--THE FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCEMENT 
                 ADMINISTRATION SENIOR EXECUTIVE SERVICE

3151.    The Federal Bureau of Investigation and Drug Enforcement 
          Administration Senior Executive Service.
3152.    Limitation on pay.

 SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE 
                                  ORDER

Sec.\1\
3161.    Employment and compensation of employees.

                  SUBCHAPTER I--EMPLOYMENT AUTHORITIES

Sec. 3101. General authority to employ

    Each Executive agency, military department, and the 
government of the District of Columbia may employ such number 
of employees of the various classes recognized by chapter 51 of 
this title as Congress may appropriate for from year to year.
---------------------------------------------------------------------------
    \1\ So in law. Section 1101(b) of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by 
section 1 of Public Law 106-398; 114 Stat. 1654A-310) amended the table 
of sections for chapter 31 by adding at the end a new subchapter IV. 
The amendment probably should not have included ``Sec.'' in the 
inserted matter.
---------------------------------------------------------------------------

Sec. 3102. Employment of personal assistants for handicapped employees, 
                    including blind and deaf employees

    (a) For the purpose of this section--
            (1) \1\ ``agency'' means--
---------------------------------------------------------------------------
    \1\ Section 307 of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 2001 (as 
enacted into law by section 1(a)(2) of Public Law 106-553; 114 Stat. 
2762) provides for amendments to this paragraph that could not be 
executed due to the execution of identical amendments made by section 
311 of Public Law 106-518.
---------------------------------------------------------------------------
                    (A) an Executive agency;
                    (B) the Library of Congress; and
                    (C) an office, agency, or other 
                establishment in the judicial branch;
            (2) ``handicapped employee'' means an individual 
        employed by an agency who is blind or deaf or who 
        otherwise qualifies as a handicapped individual within 
        the meaning of section 501 of the Rehabilitation Act of 
        1973 (29 U.S.C. 794); and
            (3) ``nonprofit organization'' means an 
        organization determined by the Secretary of the 
        Treasury to be an organization described in section 
        501(c) of the Internal Revenue Code of 1954 (26 U.S.C. 
        501(c)) which is exempt from taxation under section 
        501(a) of such Code.
    (b)(1) The head of each agency may employ one or more 
personal assistants who the head of the agency determines are 
necessary to enable a handicapped employee of that agency to 
perform the employee's official duties and who shall serve 
without pay from the agency without regard to--
            (A) the provisions of this title governing 
        appointment in the competitive service;
            (B) chapter 51 and subchapter III of chapter 53 of 
        this title; and
            (C) section 1342 of title 31.
Such employment may include the employing of a reading 
assistant or assistants for a blind employee or an interpreting 
assistant or assistants for a deaf employee.
    (2) A personal assistant, including a reading or 
interpreting assistant, employed under this subsection may 
receive pay for services performed by the assistant from the 
handicapped employee or a nonprofit organization, without 
regard to section 209 of title 18.
    (c) The head of each agency may also employ or assign one 
or more personal assistants who the head of the agency 
determines are necessary to enable a handicapped employee of 
that agency to perform the employee's official duties. Such 
employment may include the employing of a reading assistant or 
assistants for a blind employee or an interpreting assistant or 
assistants for a deaf employee.
    (d)(1) In the case of any handicapped employee (including a 
blind or deaf employee) traveling on official business, the 
head of the agency may authorize the payment to an individual 
to accompany or assist (or both) the handicapped employee for 
all or a portion of the travel period involved. Any payment 
under this subsection to such an individual may be made either 
directly to that individual or  by  advancement  or  
reimbursement  to  the  handicapped employee.
    (2) With respect to any individual paid to accompany or 
assist a handicapped employee under paragraph (1) of this 
subsection--
            (A) the amount paid to that individual shall not 
        exceed the limit or limits which the Office of 
        Personnel Management shall prescribe by regulation to 
        ensure that the payment does not exceed amounts 
        (including pay and, if appropriate, travel expenses and 
        per diem allowances) which could be paid to an employee 
        assigned to accompany or assist the handicapped 
        employee; and
            (B) that individual shall be considered an 
        employee, but only for purposes of chapter 81 of this 
        title (relating to compensation for injury) and 
        sections 2671 through 2680 of title 28 (relating to 
        tort claims).
    (e) This section may not be held or considered to prevent 
or limit in any way the assignment to a handicapped employee 
(including a blind or deaf employee) by an agency of clerical 
or secretarial assistance, at the expense of the agency under 
statutes and regulations currently applicable at the time, if 
that assistance normally is provided, or authorized to be 
provided, in that manner under currently applicable statutes 
and regulations.

Sec. 3103. Employment at seat of Government only for services rendered

    An individual may be employed in the civil service in an 
Executive department at the seat of Government only for 
services actually rendered in connection with and for the 
purposes of the appropriation from which he is paid. An 
individual who violates this section shall be removed from the 
service.

Sec. 3104. Employment of specially qualified scientific and 
                    professional personnel

    (a) The Director of the Office of Personnel Management may 
establish, and from time to time revise, the maximum number of 
scientific or professional positions for carrying out research 
and development functions which require the services of 
specially qualified personnel which may be established outside 
of the General Schedule. Any such position may be established 
by action of the Director or, under such standards and 
procedures as the Office prescribes (including procedures under 
which the prior approval of the Director may be required), by 
agency action.
    (b) The provisions of subsection (a) of this section shall 
not apply to any Senior Executive Service position (as defined 
in section 3132(a) of this title).
    (c) In addition to the number of positions authorized by 
subsection (a) of this section, the Librarian of Congress may 
establish, without regard to the second sentence of paragraph 
(1) of this subsection, not more than 8 scientific or 
professional positions to carry out the research and 
development functions of the Library of Congress which require 
the services of specially qualified personnel.

Sec. 3105. Appointment of administrative law judges

    Each agency shall appoint as many administrative law judges 
as are necessary for proceedings required to be conducted in 
accordance with sections 556 and 557 of this title. 
Administrative law judges shall be assigned to cases in 
rotation so far as practicable, and may not perform duties 
inconsistent with their duties and responsibilities as 
administrative law judges.

Sec. 3106. Employment of attorneys; restrictions

    Except as otherwise authorized by law, the head of an 
Executive department or military department may not employ an 
attorney or counsel for the conduct of litigation in which the 
United States, an agency, or employee thereof is a party, or is 
interested, or for the securing of evidence therefor, but shall 
refer the matter to the Department of Justice. This section 
does not apply to the employment and payment of counsel under 
section 1037 of title 10.

Sec. 3107. Employment of publicity experts; restrictions

    Appropriated funds may not be used to pay a publicity 
expert unless specifically appropriated for that purpose.

Sec. 3108. Employment of detective agencies; restrictions

    An individual employed by the Pinkerton Detective Agency, 
or similar organization, may not be employed by the Government 
of the United States or the government of the District of 
Columbia.

Sec. 3109. Employment of experts and consultants; temporary or 
                    intermittent

    (a) For the purpose of this section--
            (1) ``agency'' has the meaning given it by section 
        5721 of this title; and
            (2) ``appropriation'' includes funds made available 
        by statute under section 9104 of title 31.
    (b) When authorized by an appropriation or other statute, 
the head of an agency may procure by contract the temporary 
(not in excess of 1 year) or intermittent services of experts 
or consultants or an organization thereof, including 
stenographic reporting services. Services procured under this 
section are without regard to--
            (1) the provisions of this title governing 
        appointment in the competitive service;
            (2) chapter 51 and subchapter III of chapter 53 of 
        this title; and
            (3) section 5 of title 41, except in the case of 
        stenographic reporting services by an organization.
However, an agency subject to chapter 51 and subchapter III of 
chapter 53 of this title may pay a rate for services under this 
section in excess of the daily equivalent of the highest rate 
payable under section 5332 of this title only when specifically 
authorized by the appropriation or other statute authorizing 
the procurement of the services.
    (c) Positions in the Senior Executive Service or the 
Federal Bureau of Investigation and Drug Enforcement 
Administration Senior Executive Service may not be filled under 
the authority of subsection (b) of this section.
    (d) The Office of Personnel Management shall prescribe 
regulations necessary for the administration of this section. 
Such regulations shall include--
            (1) criteria governing the circumstances in which 
        it is appropriate to employ an expert or consultant 
        under the provisions of this section;
            (2) criteria for setting the pay of experts and 
        consultants under this section; and
            (3) provisions to ensure compliance with such 
        regulations.
    (e) Each agency shall report to the Office of Personnel 
Management on an annual basis with respect to--
            (1) the number of days each expert or consultant 
        employed by the agency during the period was so 
        employed; and
            (2) the total amount paid by the agency to each 
        expert and consultant for such work during the period.

Sec. 3110. Employment of relatives; restrictions

    (a) For the purpose of this section--
            (1) agency means--
                    (A) an Executive agency;
                    (B) an office, agency, or other 
                establishment in the legislative branch;
                    (C) an office, agency, or other 
                establishment in the judicial branch; and
                    (D) the government of the District of 
                Columbia;
            (2) ``public official'' means an officer (including 
        the President and a Member of Congress), a member of 
        the uniformed service, an employee and any other 
        individual, in whom is vested the authority by law, 
        rule, or regulation, or to whom the authority has been 
        delegated, to appoint, employ, promote, or advance 
        individuals, or to recommend individuals for 
        appointment, employment, promotion, or advancement in 
        connection with employment in an agency; and
            (3) ``relative'' means, with respect to a public 
        official, an individual who is related to the public 
        official as father, mother, son, daughter, brother, 
        sister, uncle, aunt, first cousin, nephew, niece, 
        husband, wife, father-in-law, mother-in-law, son-in-
        law, daughter-in-law, brother-in-law, sister-in-law, 
        stepfather, stepmother, stepson, stepdaughter, 
        stepbrother, stepsister, half brother, or half sister.
    (b) A public official may not appoint, employ, promote, 
advance, or advocate for appointment, employment, promotion, or 
advancement, in or to a civilian position in the agency in 
which he is serving or over which he exercises jurisdiction or 
control any individual who is a relative of the public 
official. An individual may not be appointed, employed, 
promoted, or advanced in or to a civilian position in an agency 
if such appointment, employment, promotion, or advancement has 
been advocated by a public official, serving in or exercising 
jurisdiction or control over the agency, who is a relative of 
the individual.
    (c) An individual appointed, employed, promoted, or 
advanced in violation of this section is not entitled to pay, 
and money may not be paid from the Treasury as pay to an 
individual so appointed, employed, promoted, or advanced.
    (d) The Office of Personnel Management may prescribe 
regulations authorizing the temporary employment, in the event 
of emergencies resulting from natural disasters or similar 
unforeseen events or circumstances, of individuals whose 
employment would otherwise be prohibited by this section.
    (e) This section shall not be construed to prohibit the 
appointment of an individual who is a preference eligible in 
any case in which the passing over of that individual on a 
certificate of eligibles furnished under section 3317(a) of 
this title will result in the selection for appointment of an 
individual who is not a preference eligible.

Sec. 3111. Acceptance of volunteer service

    (a) For the purpose of this section, ``student'' means an 
individual who is enrolled, not less than half-time, in a high 
school, trade school, technical or vocational institute, junior 
college, college, university, or comparable recognized 
educational institution. An individual who is a student is 
deemed not to have ceased to be a student during an interim 
between school years if the interim is not more than 5 months 
and if such individual shows to the satisfaction of the Office 
of Personnel Management that the individual has a bona fide 
intention of continuing to pursue a course of study or training 
in the same or different educational institution during the 
school semester (or other period into which the school year is 
divided) immediately after the interim.
    (b) Notwithstanding section 1342 of title 31, the head of 
an agency may accept, subject to regulations issued by the 
Office, voluntary service for the United States if the 
service--
            (1) is performed by a student, with the permission 
        of the institution at which the student is enrolled, as 
        part of an agency program established for the purpose 
        of providing educational experiences for the student;
            (2) is to be uncompensated; and
            (3) will not be used to displace any employee.
    (c)(1) Except as provided in paragraph (2), any student who 
provides voluntary service under subsection (b) of this section 
shall not be considered a Federal employee for any purpose 
other than for purposes of chapter 81 of this title (relating 
to compensation for injury) and sections 2671 through 2680 of 
title 28 (relating to tort claims).
    (2) In addition to being considered a Federal employee for 
the purposes specified in paragraph (1), any student who 
provides voluntary service as part of a program established 
under subsection (b) of this section in the Internal Revenue 
Service, Department of the Treasury, shall be considered an 
employee of the Department of the Treasury for purposes of--
            (A) section 552a of this title (relating to 
        disclosure of records);
            (B) subsections (a)(1), (h)(1), (k)(6), and (l)(4) 
        of section 6103 of title 26 (relating to 
        confidentiality and disclosure of returns and return 
        information);
            (C) sections 7213(a)(1) and 7431 of title 26 
        (relating to unauthorized disclosures of returns and 
        return information by Federal employees and other 
        persons); and
            (D) section 7423 of title 26 (relating to suits 
        against employees of the United States);
except that returns and return information (as defined in 
section 6103(b) of title 26) shall be made available to 
students under such program only to the extent that the 
Secretary of the Treasury or his designee determines that the 
duties assigned to such students so require.

Sec. 3112. Disabled veterans; noncompetitive appointment

    Under such regulations as the Office of Personnel 
Management shall prescribe, an agency may make a noncompetitive 
appointment leading to conversion to career or career-
conditional employment of a disabled veteran who has a 
compensable service-connected disability of 30 percent or more.

Sec. 3113. Restriction on reemployment after conviction of certain 
                    crimes

    An employee shall be separated from service and barred from 
reemployment in the Federal service, if--
            (1) the employee is convicted of a violation of 
        section 201(b) of title 18; and
            (2) such violation related to conduct prohibited 
        under section 1010(a) of the Controlled Substances 
        Import and Export Act (21 U.S.C. 960(a)).


              SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE

Sec. 3131. The Senior Executive Service

    It is the purpose of this subchapter to establish a Senior 
Executive Service to ensure that the executive management of 
the Government of the United States is responsive to the needs, 
policies, and goals of the Nation and otherwise is of the 
highest quality. The Senior Executive Service shall be 
administered so as to--
            (1) provide for a compensation system, including 
        salaries, benefits, and incentives, and for other 
        conditions of employment, designed to attract and 
        retain highly competent senior executives;
            (2) ensure that compensation, retention, and tenure 
        are contingent on executive success which is measured 
        on the basis of individual and organizational 
        performance (including such factors as improvements in 
        efficiency, productivity, quality of work or service, 
        cost efficiency, and timeliness of performance
        and success in meeting equal employment opportunity 
        goals);
            (3) assure that senior executives are accountable 
        and responsible for the effectiveness and productivity 
        of employees under them;
            (4) recognize exceptional accomplishment;
            (5) enable the head of an agency to reassign senior 
        executives to best accomplish the agency's mission;
            (6) provide for severance pay, early retirement, 
        and placement assistance for senior executives who are 
        removed from the Senior Executive Service for 
        nondisciplinary reasons;
            (7) protect senior executives from arbitrary or 
        capricious actions;
            (8) provide for program continuity and policy 
        advocacy in the management of public programs;
            (9) maintain a merit personnel system free of 
        prohibited personnel practices;
            (10) ensure accountability for honest, economical, 
        and efficient Government;
            (11) ensure compliance with all applicable civil 
        service laws, rules, and regulations, including those 
        related to equal employment opportunity, political 
        activity, and conflicts of interest;
            (12) provide for the initial and continuing 
        systematic development of highly competent senior 
        executives;
            (13) provide for an executive system which is 
        guided by the public interest and free from improper 
        political interference; and
            (14) appoint career executives to fill Senior 
        Executive Service positions to the extent practicable, 
        consistent with the effective and efficient 
        implementation of agency policies and responsibilities.

Sec. 3132. Definitions and exclusions

    (a) For the purpose of this subchapter--
            (1) ``agency'' means an Executive agency, except a 
        Government corporation and the General Accounting 
        Office, but does not include--
                    (A) any agency or unit thereof excluded 
                from coverage by the President under subsection 
                (c) of this section; or
                    (B) the Federal Bureau of Investigation, 
                the Drug Enforcement Administration, the 
                Central Intelligence Agency, the Defense 
                Intelligence Agency, the National Imagery and 
                Mapping Agency, the National Security Agency, 
                Department of Defense intelligence activities 
                the civilian employees of which are subject to 
                section 1590 of title 10,, \1\ and, as 
                determined by the President, an Executive 
                agency, or unit thereof, whose principal 
                function is the conduct of foreign intelligence 
                or counterintelligence activities;
---------------------------------------------------------------------------
    \1\ So in law. See the amendment made by section 402(b) of Public 
Law 102-476 which inserted ``, Department of Defense intelligence 
activities the civilian employees of which are subject to section 1590 
of title 10,'' after ``National Security Agency''.
---------------------------------------------------------------------------
                    (C) the Federal Election Commission; or
                    (D) the Office of the Comptroller of the 
                Currency, the Office of Thrift Supervision, the 
                Federal Housing Finance Board, the Resolution 
                Trust Corporation, the Farm Credit 
                Administration, the Office of Federal Housing 
                Enterprise Oversight of the Department of 
                Housing and Urban Development, and the National 
                Credit Union Administration;
            (2) ``Senior Executive Service position'' means any 
        position in an agency which is classified above GS-15 
        pursuant to section 5108 or in level IV or V of the 
        Executive Schedule, or an equivalent position, which is 
        not required to be filled by an appointment by the 
        President by and with the advice and consent of the 
        Senate, and in which an employee--
                    (A) directs the work of an organizational 
                unit;
                    (B) is held accountable for the success of 
                one or more specific programs or projects;
                    (C) monitors progress toward organizational 
                goals and periodically evaluates and makes 
                appropriate adjustments to such goals;
                    (D) supervises the work of employees other 
                than personal assistants; or
                    (E) otherwise exercises important policy-
                making, policy-determining, or other executive 
                functions;
        but does not include--
                    (i) any position in the Foreign Service of 
                the United States; or
                    (ii) an administrative law judge position 
                under section 3105 of this title;
            (3) ``senior executive'' means a member of the 
        Senior Executive Service;
            (4) ``career appointee'' means an individual in a 
        Senior Executive Service position whose appointment to 
        the position or previous appointment to another Senior 
        Executive Service position was based on approval by the 
        Office of Personnel Management of the executive 
        qualifications of such individual;
            (5) ``limited term appointee'' means an individual 
        appointed under a nonrenewable appointment for a term 
        of 3 years or less to a Senior Executive Service 
        position the duties of which will expire at the end of 
        such term;
            (6) ``limited emergency appointee'' means an 
        individual appointed under a nonrenewable appointment, 
        not to exceed 18 months, to a Senior Executive Service 
        position established to meet a bona fide, 
        unanticipated, urgent need;
            (7) ``noncareer appointee'' means an individual in 
        a Senior Executive Service position who is not a career 
        appointee, a limited term appointee, or a limited 
        emergency appointee;
            (8) ``career reserved position'' means a position 
        which is required to be filled by a career appointee 
        and which is designated under subsection (b) of this 
        section; and
            (9) ``general position'' means any position, other 
        than a career reserved position, which may be filled by 
        either a career appointee, noncareer appointee, limited 
        emergency appointee, or limited term appointee.
    (b)(1) For the purpose of paragraph (8) of subsection (a) 
of this section, the Office shall prescribe the criteria and 
regulations governing the designation of career reserved 
positions. The criteria and regulations shall provide that a 
position shall be designated as a career