Subpart A—General Provisions
CHAPTER 21 —DEFINITIONS
Editorial Notes
Amendments
2011—
1980—
1978—
1972—
§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, Space Force, 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.
(
Historical and Revision Notes
1966 Act
The section is supplied to establish basis of reference to employees in this title.
1967 Act
This section amends various sections [§§2101, 4102, 4109, 5541, 8101] of
Editorial Notes
Amendments
2021—Par. (2).
1979—Par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
Short Title of 1998 Amendment
Short Title of 1994 Amendment
Short Title of 1990 Amendment
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Coordination of Title VII of Pub. L. 101–508 With Section 909 of Title 2
§2101a. The Senior Executive Service
The "Senior Executive Service" consists of Senior Executive Service positions (as defined in
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§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".
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Jan. 16, 1883, ch. 27, §7 (less applicability to appointment and promotion), |
Subsection (a) is restated in the form of a definition.
Subsection (a)(1) is based on former section 638, which placed positions in the executive branch of the Government generally in the competitive service by the requirement that employment be predicated on passing an examination or being exempted from examination, and section 1 of the Act of Nov. 26, 1940, ch. 919, title I,
In subsection (a)(1)(B), the words "or to pass an examination" are omitted as covered by the exclusion from the "competitive service".
Subsection (a)(2) preserves the exception stated in former section 638 modified to recognize the several statutory exceptions to this exception that have been enacted. The language of former section 638 relative to examination is codified in sections 3304(b) and 3361. The reference to veterans' preference is omitted because the statute referred to, R.S. §1754, was superseded by sections 3 and 21 of the Act of June 18, 1929, ch. 28,
Subsection (b) is added because of the provisions in
Subsection (c) is supplied for conformity inasmuch as the terms are coextensive by definition.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1978—Subsec. (a)(1)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§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".
(
Historical and Revision Notes
The section is supplied for convenience. The "excepted service" has come to mean all employees not in the competitive service, for whatever reason.
Editorial Notes
Amendments
1978—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§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 Regulatory Commission is deemed not an officer for purposes of this title.
(
Historical and Revision Notes
The section is supplied for convenience.
Editorial Notes
Amendments
2006—Subsec. (b).
1970—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
Amendment by
§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
(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, Navy Ships Stores Program, 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
(2) subchapter I of
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 Regulatory 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
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (b) | [Uncodified]. | Aug. 5, 1939, ch. 448, §2, |
| [Uncodified]. | Dec. 3, 1945, ch. 510, §2, |
|
| [Uncodified]. | Dec. 28, 1945, ch. 593, §2, |
|
| [Uncodified]. | Dec. 28, 1945, ch. 594, §2, |
|
| [Uncodified]. | July 26, 1946, ch. 675, §2 (last proviso), |
|
| (c) | June 19, 1952, ch. 444, §1, |
|
| (d) | Aug. 10, 1956, ch. 1041, §29(d), |
Subsection (a) is supplied to avoid the necessity of defining "employee" each time it appears in this title. The subsection is based on a definition worked out independently by the Civil Service Commission and the Department of Labor and in use by both for more than a decade.
In subsection (b), the provisions of the source statutes which relate to credit for prior service and diminution of pay are executed, or, insofar as to be executed preserved by technical section 8.
In subsection (d), the words "officer or" are omitted as included within "employee".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
The Fair Labor Standards Act of 1938, referred to in subsec. (c)(1)(C), is act June 25, 1938, ch. 676,
Amendments
2013—Subsec. (c).
2006—Subsec. (e).
1997—Subsec. (b).
1996—Subsec. (b).
1994—Subsec. (f).
1993—Subsec. (c)(1)(E).
1990—Subsec. (c)(1).
Subsec. (c)(2).
1986—Subsec. (c)(1).
Subsec. (c)(2).
1979—Subsec. (a)(1)(F).
Subsec. (c)(1).
1978—Subsec. (c)(1).
1972—Subsec. (c)(1).
1970—Subsec. (e).
1968—Subsec. (a)(1)(F).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1990 Amendment
"(1) The amendments made by this section [amending this section and
"(A) moves without a break in service of more than 3 days from employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard that is described in
"(B) moves without a break in service from employment in the Department of Defense or the Coast Guard that is not described in such section 2105(c) to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, that is described in such section 2105(c).
"(2) The Secretary of Defense, the Secretary of Transportation, the Director of the Office of Personnel Management, and the Executive Director of the Federal Retirement Thrift Investment Board, as applicable, shall take such actions as may be practicable to ensure that each individual who has moved as described under paragraph (1) on or after January 1, 1987, and before the date of enactment of this Act [Nov. 5, 1990], receives the benefit of the amendments made by this section as if such amendments had been in effect at the time such individual so moved. Each such individual who wishes to make an election of retirement coverage under the amendments made by subsection (j) or (k) of this section [amending
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Treatment of Individuals Electing To Remain Subject to Their Former Retirement System
"(1) For the purpose of this section [amending this section and
"(2)(A) If an individual makes an election under
"(B) Notwithstanding subsection (a) or (b) of
"(3)(A) If an individual makes an election under
"(B) Notwithstanding subsection (a) or (b) of
"(4) If an individual makes an election under
[Amendment by
Prohibition of Decrease in Basic Pay Rate of Employees of Nonappropriated Fund Instrumentalities
Amendments by
§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.
(
Historical and Revision Notes
The section is supplied to avoid the necessity of defining "Member of Congress" each time the term is used in this title.
Editorial Notes
Amendments
1979—
1970—
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
§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 or employee 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.
(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 Office of Congressional Accessibility Services.
(
Historical and Revision Notes
1966 Act
The section is supplied to avoid the necessity of defining "Congressional employee" each time the term is used in this title.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2107(6) | 2:126–1. | July 27, 1965, |
| 2107(8) | 5 App.: 2251(c). | Sept. 26, 1966, |
Paragraph (6), relating to Official Reporters of Debates of the Senate and their employees, is eliminated as unnecessary on authority of the act of July 27, 1965 (
In paragraph (8), based on the act of September 26, 1966 (5 App. U.S.C. 2251(c)), the word "officers" is omitted as included in "employees," and the words "United States" preceding the words "Botanic Garden" are omitted as unnecessary.
Editorial Notes
Amendments
2010—Par. (4).
2008—Par. (9).
1996—Par. (5).
1970—Par. (9). Pub. L. 91—510 added par. (9).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
§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
(C) served on active duty as defined by
(D) served on active duty as defined by
and, except as provided under section 2108a, who has been discharged or released from active duty in the armed forces under honorable conditions;
(2) "disabled veteran" means an individual who has served on active duty in the armed forces, (except as provided under section 2108a) 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 or section 2108a(c)—
(A) a veteran as defined by paragraph (1)(A) of this section;
(B) a veteran as defined by paragraph (1)(B), (C), or (D) 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 parent of an individual who lost his or her life under honorable conditions while serving in the armed forces during a period named by paragraph (1)(A) of this section, if—
(i) the spouse of that parent is totally and permanently disabled; or
(ii) that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse;
(G) the parent of a service-connected permanently and totally disabled veteran, if—
(i) the spouse of that parent is totally and permanently disabled; or
(ii) that parent, when preference is claimed, is unmarried or, if married, legally separated from his or her spouse; and
(H) a veteran who was discharged or released from a period of active duty by reason of a sole survivorship discharge (as that term is defined in
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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 27, 1944, ch. 287, §2 (less 1st 76 words), |
||
| Jan. 19, 1948, ch. 1, §1, |
||
| July 2, 1948, ch. 816, |
||
| Aug. 26, 1949, ch. 513, |
||
| Dec. 27, 1950, ch. 1151, §1, |
||
| July 14, 1952, ch. 728, §1, |
In paragraph (2), the words "a military department" are substituted for "the War Department or Navy Department" (appearing in section 2 of the Act of June 27, 1944) because of the definition of "military department" in section 102. The Department of War was designated the Department of the Army by the Act of July 26, 1947, ch. 343, §205,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2108 | 5 App.: 851. | Mar. 3, 1966, |
Editorial Notes
Amendments
2015—Par. (3)(F), (G).
2011—Par. (1).
Par. (2).
Par. (3).
2008—Par. (3)(H).
2006—Par. (1).
Par. (1)(B).
Par. (1)(D).
Par. (3)(B).
1998—Par. (3).
1997—Par. (1)(B).
Par. (1)(C).
Par. (3)(B).
1991—Par. (2).
1988—Par. (3).
1981—Par. (3).
1980—Par. (3).
1979—Par. (3).
Par. (5).
1978—Par. (2).
Par. (3).
Pars. (4), (5).
Par. (5).
1976—Par. (1)(B).
1971—Par. (3)(D).
Par. (3)(E).
1968—Par. (3)(D).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Effective Date of 2008 Amendment
"(a)
"(b)
"(c)
"(1) the father or mother or one or more siblings—
"(A) served in the Armed Forces; and
"(B) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and
"(2) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence."
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by section 2(a)(8) of
Effective Date of 1978 Amendment
Amendment by section 401(d) of
Effective Date of 1968 Amendment
Amendment by
Savings Provision
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
§2108a. Treatment of certain individuals as veterans, disabled veterans, and preference eligibles
(a)
(1)
(A) meets the definition of a veteran under section 2108(1), except for the requirement that the individual has been discharged or released from active duty in the armed forces under honorable conditions; and
(B) submits a certification described under paragraph (2) to the Federal officer making the appointment.
(2)
(b)
(1)
(A) meets the definition of a disabled veteran under section 2108(2), except for the requirement that the individual has been separated from active duty in the armed forces under honorable conditions; and
(B) submits a certification described under paragraph (2) to the Federal officer making the appointment.
(2)
(c)
(Added
1 So in original. Subsec. does not contain a par. (3).
§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.
(Added
Editorial Notes
Amendments
1986—Par. (1).
1980—
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
"(1) October 1, 1980, or
"(2) the ninetieth day after the date of the enactment of this Act [Sept. 12, 1980]."
Effective Date
Section effective on 90th day after May 16, 1972, see, section 10 of
CHAPTER 23 —MERIT SYSTEM PRINCIPLES
Editorial Notes
Amendments
2017—
2012—
2004—
§2301. Merit system principles
(a) This section shall apply to—
(1) an Executive agency; and
(2) the Government Publishing 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
(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.
(Added
Editorial Notes
Amendments
1990—Subsec. (a).
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (a)(2) on authority of section 1301(b) of
Effective Date
Chapter effective 90 days after Oct. 13, 1978, see section 907 of
Training for Supervisors
"(1) to employees appointed to supervisory positions in the agency who have not previously served as a supervisor; and
"(2) on an annual basis, to all employees of the agency serving in a supervisory position."
[For definitions of "agency" and "employee" as used in section 106 of
Notification and Federal Employee Antidiscrimination and Retaliation
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"TITLE I—GENERAL PROVISIONS
"SEC. 101. FINDINGS.
"Congress finds that—
"(1) Federal agencies cannot be run effectively if those agencies practice or tolerate discrimination;
"(2) Congress has heard testimony from individuals, including representatives of the National Association for the Advancement of Colored People and the American Federation of Government Employees, that point to chronic problems of discrimination and retaliation against Federal employees;
"(3) in August 2000, a jury found that the Environmental Protection Agency had discriminated against a senior social scientist, and awarded that scientist $600,000;
"(4) in October 2000, an Occupational Safety and Health Administration investigation found that the Environmental Protection Agency had retaliated against a senior scientist for disagreeing with that agency on a matter of science and for helping Congress to carry out its oversight responsibilities;
"(5) there have been several recent class action suits based on discrimination brought against Federal agencies, including the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, the Drug Enforcement Administration, the Immigration and Naturalization Service, the United States Marshals Service, the Department of Agriculture, the United States Information Agency, and the Social Security Administration;
"(6) notifying Federal employees of their rights under discrimination and whistleblower laws should increase Federal agency compliance with the law;
"(7) requiring annual reports to Congress on the number and severity of discrimination and whistleblower cases brought against each Federal agency should enable Congress to improve its oversight over compliance by agencies with the law; and
"(8) requiring Federal agencies to pay for any discrimination or whistleblower judgment, award, or settlement should improve agency accountability with respect to discrimination and whistleblower laws.
"SEC. 102. SENSE OF CONGRESS.
"It is the sense of Congress that—
"(1) Federal agencies should not retaliate for court judgments or settlements relating to discrimination and whistleblower laws by targeting the claimant or other employees with reductions in compensation, benefits, or workforce to pay for such judgments or settlements;
"(2) the mission of the Federal agency and the employment security of employees who are blameless in a whistleblower incident should not be compromised;
"(3) Federal agencies should not use a reduction in force or furloughs as means of funding a reimbursement under this Act;
"(4) accountability in the enforcement of the rights of Federal employees is furthered when Federal agencies agree to take appropriate disciplinary action against Federal employees who are found to have intentionally committed discriminatory (including retaliatory) acts;
"(5)(A) accountability is not furthered if Federal agencies react to the increased accountability under this Act for what, by law, the agency is responsible by taking unfounded disciplinary actions against managers or by violating the procedural rights of managers who have been accused of discrimination; and
"(B) Federal agencies should ensure that managers have adequate training in the management of a diverse workforce and in dispute resolution and other essential communication skills; and
"(6)(A) Federal agencies are expected to reimburse the General Fund of the Treasury within a reasonable time under this Act; and
"(B) a Federal agency, particularly if the amount of reimbursement under this Act is large relative to annual appropriations for that agency, may need to extend reimbursement over several years in order to avoid—
"(i) reductions in force;
"(ii) furloughs;
"(iii) other reductions in compensation or benefits for the workforce of the agency; or
"(iv) an adverse effect on the mission of the agency.
"SEC. 103. DEFINITIONS.
"For purposes of this Act—
"(1) the term 'applicant for Federal employment' means an individual applying for employment in or under a Federal agency;
"(2) the term 'basis of alleged discrimination' shall have the meaning given such term under section 303;
"(3) the term 'Federal agency' means an Executive agency (as defined in
"(4) the term 'Federal employee' means an individual employed in or under a Federal agency;
"(5) the term 'former Federal employee' means an individual formerly employed in or under a Federal agency; and
"(6) the term 'issue of alleged discrimination' shall have the meaning given such term under section 303.
"SEC. 104. EFFECTIVE DATE.
"This Act and the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning more than 180 days after the date of the enactment of this Act [May 15, 2002].
"TITLE II—FEDERAL EMPLOYEE DISCRIMINATION AND RETALIATION
"SEC. 201. REIMBURSEMENT REQUIREMENT.
"(a)
"(1) any provision of law cited in subsection (c); or
"(2) any other provision of law which prohibits any form of discrimination, as identified under rules issued under section 204.
"(b)
"(c)
"(1)
"(2) The provisions of law specified in
"SEC. 202. NOTIFICATION REQUIREMENT.
"(a)
"(1) in accordance with otherwise applicable provisions of law; or
"(2) if, or to the extent that, no such notification would otherwise be required, in such time, form, and manner as shall under section 204 be required in order to carry out the requirements of this section.
"(b)
"(c)
"(d)
"(1)
"(A) on the public internet website of the agency, in a clear and prominent location linked directly from the home page of that website;
"(B) stating that a finding of discrimination (including retaliation) has been made; and
"(C) which shall remain posted for not less than 1 year.
"(2)
"(A) All appeals of a final action by a Federal agency involving a finding of discrimination (including retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a) have been exhausted.
"(B) All appeals of a final decision by the Equal Employment Opportunity Commission involving a finding of discrimination (including if the finding included a finding of retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a) have been exhausted.
"(C) A court of jurisdiction issues a final judgment involving a finding of discrimination (including retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a).
"(3)
"(A) identify the date on which the finding was made, the date on which each discriminatory act occurred, and the law violated by each such discriminatory act; and
"(B) advise Federal employees of the rights and protections available under the provisions of law covered by paragraphs (1) and (2) of section 201(a).
"SEC. 203. REPORTING REQUIREMENT.
"(a)
"(1) the number of cases arising under each of the respective provisions of law covered by paragraphs (1) and (2) of section 201(a) in which discrimination on the part of such agency was alleged;
"(2) the status or disposition of cases described in paragraph (1);
"(3) the amount of money required to be reimbursed by such agency under section 201 in connection with each of such cases, separately identifying the aggregate amount of such reimbursements attributable to the payment of attorneys' fees, if any;
"(4) the number of employees disciplined for discrimination, retaliation, harassment, or any other infraction of any provision of law referred to in paragraph (1);
"(5) the final year-end data posted under section 301(c)(1)(B) for such fiscal year (without regard to section 301(c)(2));
"(6) a detailed description of—
"(A) the policy implemented by that agency relating to appropriate disciplinary actions against a Federal employee who—
"(i) discriminated against any individual in violation of any of the laws cited under section 201(a)(1) or (2); or
"(ii) committed another prohibited personnel practice that was revealed in the investigation of a complaint alleging a violation of any of the laws cited under section 201(a)(1) or (2); and
"(B) with respect to each of such laws, the number of employees who are disciplined in accordance with such policy and the specific nature of the disciplinary action taken;
"(7) an analysis of the information described under paragraphs (1) through (6) (in conjunction with data provided to the Equal Employment Opportunity Commission in compliance with part 1614 of title 29 of the Code of Federal Regulations) including—
"(A) an examination of trends;
"(B) causal analysis;
"(C) practical knowledge gained through experience; and
"(D) any actions planned or taken to improve complaint or civil rights programs of the agency; and
"(8) any adjustment (to the extent the adjustment can be ascertained in the budget of the agency) to comply with the requirements under section 201.
"(b)
"(c)
"(1) whether disciplinary action has been proposed against a Federal employee as a result of the violation; and
"(2) the reasons for any disciplinary action proposed under paragraph (1).
"SEC. 204. RULES AND GUIDELINES.
"(a)
"(1) rules to carry out this title;
"(2) rules to require that a comprehensive study be conducted in the executive branch to determine the best practices relating to the appropriate disciplinary actions against Federal employees who commit the actions described under clauses (i) and (ii) of section 203(a)(6)(A); and
"(3) based on the results of such study, advisory guidelines incorporating best practices that Federal agencies may follow to take such actions against such employees.
"(b)
"(1) whether such agency has adopted and will fully follow such guidelines;
"(2) if such agency has not adopted such guidelines; the reasons for the failure to adopt such guidelines; and
"(3) if such agency will not fully follow such guidelines, the reasons for the decision not to fully follow such guidelines and an explanation of the extent to which such agency will not follow such guidelines.
"SEC. 205. CLARIFICATION OF REMEDIES.
"Consistent with Federal law, nothing in this title shall prevent any Federal employee, former Federal employee, or applicant for Federal employment from exercising any right otherwise available under the laws of the United States.
"SEC. 206. STUDIES BY GENERAL ACCOUNTING OFFICE [now GOVERNMENT ACCOUNTABILITY OFFICE] ON EXHAUSTION OF ADMINISTRATIVE REMEDIES AND ON ASCERTAINMENT OF CERTAIN DEPARTMENT OF JUSTICE COSTS.
"(a)
"(1)
"(A)
"(B)
"(i) expedite handling of allegations of such violations within Federal agencies and will streamline the complaint-filing process;
"(ii) affect the workload of the Commission;
"(iii) affect established alternative dispute resolution procedures in such agencies; and
"(iv) affect any other matters determined by the General Accounting Office [now Government Accountability Office] to be appropriate for consideration.
"(2)
"(b)
"(1)
"(2)
"(c)
"(1)
"(A) a study on the effects of section 201 on the operations of Federal agencies; and
"(B) a study on the effects of section 13 of the Contract Disputes Act of 1978 (
"(2)
"(A) a summary of the number of cases in which a payment was made in accordance with
"(B) a summary of the length of time Federal agencies used to complete reimbursements of payments described under subparagraph (A); and
"(C) conclusions that assist in making determinations on how the reimbursements of payments described under subparagraph (A) will affect—
"(i) the operations of Federal agencies;
"(ii) funds appropriated on an annual basis;
"(iii) employee relations and other human capital matters;
"(iv) settlements; and
"(v) any other matter determined by the General Accounting Office [now Government Accountability Office] to be appropriate for consideration.
"(3)
"(d)
"(1)
"(A) this Act; and
"(B) the Contracts Dispute [Contract Disputes] Act of 1978 (
"(2)
"SEC. 207. COMPLAINT TRACKING.
"Not later than 1 year after the date of enactment of the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 [Jan. 1, 2021], each Federal agency shall establish a system to track each complaint of discrimination arising under
"SEC. 208. NOTATION IN PERSONNEL RECORD.
"If a Federal agency takes an adverse action covered under
"TITLE III—EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT DATA DISCLOSURE
"SEC. 301. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES.
"(a)
"(b)
"(1) The number of complaints filed with such agency in such fiscal year.
"(2) The number of individuals filing those complaints (including as the agent of a class).
"(3) The number of individuals who filed 2 or more of those complaints.
"(4) The number of complaints (described in paragraph (1)) in which each of the various bases of alleged discrimination is alleged.
"(5) The number of complaints (described in paragraph (1)) in which each of the various issues of alleged discrimination is alleged.
"(6) The average length of time, for each step of the process, it is taking such agency to process complaints (taking into account all complaints pending for any length of time in such fiscal year, whether first filed in such fiscal year or earlier). Average times under this paragraph shall be posted—
"(A) for all such complaints,
"(B) for all such complaints in which a hearing before an administrative judge of the Equal Employment Opportunity Commission is not requested, and
"(C) for all such complaints in which a hearing before an administrative judge of the Equal Employment Opportunity Commission is requested.
"(7) The total number of final agency actions rendered in such fiscal year involving a finding of discrimination and, of that number—
"(A) the number and percentage that were rendered without a hearing before an administrative judge of the Equal Employment Opportunity Commission, and
"(B) the number and percentage that were rendered after a hearing before an administrative judge of the Equal Employment Opportunity Commission.
"(8) Of the total number of final agency actions rendered in such fiscal year involving a finding of discrimination—
"(A) the number and percentage involving a finding of discrimination based on each of the respective bases of alleged discrimination, and
"(B) of the number specified under subparagraph (A) for each of the respective bases of alleged discrimination—
"(i) the number and percentage that were rendered without a hearing before an administrative judge of the Equal Employment Opportunity Commission, and
"(ii) the number and percentage that were rendered after a hearing before an administrative judge of the Equal Employment Opportunity Commission.
"(9) Of the total number of final agency actions rendered in such fiscal year involving a finding of discrimination—
"(A) the number and percentage involving a finding of discrimination in connection with each of the respective issues of alleged discrimination,
"(B) of the number specified under subparagraph (A) for each of the respective issues of alleged discrimination—
"(i) the number and percentage that were rendered without a hearing before an administrative judge of the Equal Employment Opportunity Commission, and
"(ii) the number and percentage that were rendered after a hearing before an administrative judge of the Equal Employment Opportunity Commission, and
"(C) with respect to each finding described in subparagraph (A)—
"(i) the date of the finding,
"(ii) the affected Federal agency,
"(iii) the law violated, and
"(iv) whether a decision has been made regarding disciplinary action as a result of the finding.
"(10)(A) Of the total number of complaints pending in such fiscal year (as described in the parenthetical matter in paragraph (6)), the number that were first filed before the start of the then current fiscal year.
"(B) With respect to those pending complaints that were first filed before the start of the then current fiscal year—
"(i) the number of individuals who filed those complaints, and
"(ii) the number of those complaints which are at the various steps of the complaint process.
"(C) Of the total number of complaints pending in such fiscal year (as described in the parenthetical matter in paragraph (6)), the total number of complaints with respect to which the agency violated the requirements of section 1614.106(e)(2) of title 29 of the Code of Federal Regulations (as in effect on July 1, 2000, and amended from time to time) by failing to conduct within 180 days of the filing of such complaints an impartial and appropriate investigation of such complaints.
"(11) Data regarding each class action complaint filed against the agency alleging discrimination (including retaliation), including—
"(A) information regarding the date on which each complaint was filed,
"(B) a general summary of the allegations alleged in the complaint,
"(C) an estimate of the total number of plaintiffs joined in the complaint, if known,
"(D) the current status of the complaint, including whether the class has been certified, and
"(E) the case numbers for the civil actions in which discrimination (including retaliation) has been found.
"(c)
"(1)
"(A) interim year-to-date data, updated quarterly, and
"(B) final year-end data.
"(2)
"SEC. 302. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
"(a)
"(1) hearings requested before an administrative judge of the Commission on complaints described in section 301, and
"(2) appeals filed with the Commission from final agency actions on complaints described in section 301.
"(b)
"(c)
"SEC. 303. RULES.
"The Equal Employment Opportunity Commission shall issue any rules necessary to carry out this title.
"TITLE IV—PROCESSING AND REFERRAL
"SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS.
"Each Federal agency shall—
"(1) be responsible for the fair and impartial processing and resolution of complaints of employment discrimination (including retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a); and
"(2) establish a model Equal Employment Opportunity Program that—
"(A) is not under the control, either structurally or practically, of the agency's Office of Human Capital or Office of the General Counsel (or the equivalent);
"(B) is devoid of internal conflicts of interest and ensures fairness and inclusiveness within the agency; and
"(C) ensures the efficient and fair resolution of complaints alleging discrimination (including retaliation).
"SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL.
"Nothing in this title shall prevent a Federal agency or a subcomponent of a Federal agency, or the Department of Justice, from providing advice or counsel to employees of that agency (or subcomponent, as applicable) in the resolution of a complaint.
"SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF AGENCY.
"The head of each Federal agency's Equal Employment Opportunity Program shall report directly to the head of the agency.
"SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION.
"(a)
"(1)
"(2)
"(A) notify the applicable Federal agency if the Commission refers a matter to the Office of Special Counsel under paragraph (1); and
"(B) with respect to a fiscal year, include in the Annual Report of the Federal Workforce of the Commission covering that fiscal year—
"(i) the number of referrals made under paragraph (1) during that fiscal year; and
"(ii) a brief summary of each referral described in clause (i).
"(b)
"(c)
"(1) the Office of Special Counsel pursues disciplinary action under subsection (b); and
"(2) the Federal agency imposes some form of disciplinary action against a Federal employee who commits an act of discrimination (including retaliation).
"(d)
[
[For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under
[For transfer of authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms, including the related functions of the Secretary of the Treasury, to the Department of Justice, see
[
[Memorandum of President of the United States, July 8, 2003, 68 F.R. 45155, delegated to Director of Office of Personnel Management authority of President under section 204(a) of
§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
(iv) a detail, transfer, or reassignment;
(v) a reinstatement;
(vi) a restoration;
(vii) a reemployment;
(viii) a performance evaluation under
(ix) a decision concerning pay, benefits, or awards, or 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) a decision to order psychiatric testing or examination;
(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and
(xii) 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
(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;
(C) "agency" means an Executive agency and the Government Publishing Office, but does not include—
(i) a Government corporation, except in the case of an alleged prohibited personnel practice described under subsection (b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D);
(ii)(I) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and
(II) 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, provided that the determination be made prior to a personnel action; or
(iii) the Government Accountability Office; and
(D) "disclosure" means a formal or informal communication or transmission, but does not include a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee or applicant providing the disclosure reasonably believes that the disclosure evidences—
(i) any 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.
(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 (
(B) on the basis of age, as prohibited under sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (
(C) on the basis of sex, as prohibited under section 6(d) of the Fair Labor Standards Act of 1938 (
(D) on the basis of handicapping condition, as prohibited under section 501 of the Rehabilitation Act of 1973 (
(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
(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) any 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;
(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) any violation (other than a violation of this section) 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; or
(C) any disclosure to Congress (including any committee of Congress) by any employee of an agency or applicant for employment at an agency of information described in subparagraph (B) that is—
(i) not classified; or
(ii) if classified—
(I) has been classified by the head of an agency that is not an element of the intelligence community (as defined by section 3 of the National Security Act of 1947 (
(II) does not reveal intelligence sources and methods.1
(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—
(i) with regard to remedying a violation of paragraph (8); or
(ii) other than with regard to remedying a violation of paragraph (8);
(B) testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A)(i) or (ii);
(C) cooperating with or disclosing information to the Inspector General (or any other component responsible for internal investigation or review) of an agency, or the Special Counsel, in accordance with applicable provisions of law; or
(D) refusing to obey an order that would require the individual to violate a law, rule, or regulation;
(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;
(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
(13) implement or enforce any nondisclosure policy, form, or agreement, if such policy, form, or agreement—
(A) does not contain the following statement: "These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling."; or
(B) prohibits or restricts an employee or applicant for employment from disclosing to Congress, the Special Counsel, the Inspector General of an agency, or any other agency component responsible for internal investigation or review any information that relates to any violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or any other whistleblower protection; or
(14) access the medical record of another employee or an applicant for employment as a part of, or otherwise in furtherance of, any conduct described in paragraphs (1) through (13).
This subsection shall not be construed to authorize the withholding of information from Congress or the taking of any personnel action against an employee who discloses information to Congress. For purposes of paragraph (8), (i) any presumption relating to the performance of a duty by an employee whose conduct is the subject of a disclosure as defined under subsection (a)(2)(D) may be rebutted by substantial evidence, and (ii) a determination as to whether an employee or applicant reasonably believes that such employee or applicant has disclosed information that evidences any violation of law, rule, regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety shall be made by determining whether a disinterested observer with knowledge of the essential facts known to and readily ascertainable by the employee or applicant could reasonably conclude that the actions of the Government evidence such violations, mismanagement, waste, abuse, or danger.
(c)(1) In this subsection—
(A) the term "new employee" means an individual—
(i) appointed to a position as an employee on or after the date of enactment of this subsection; and
(ii) who has not previously served as an employee; and
(B) the term "whistleblower protections" means the protections against and remedies for a prohibited personnel practice described in paragraph (8) or subparagraph (A)(i), (B), (C), or (D) of paragraph (9) of subsection (b).
(2) The head of each agency shall be responsible for—
(A) preventing prohibited personnel practices;
(B) complying with and enforcing applicable civil service laws, rules, and regulations and other aspects of personnel management; and
(C) ensuring, in consultation with the Special Counsel and the Inspector General of the agency, that employees of the agency are informed of the rights and remedies available to the employees under this chapter and
(i) information with respect to whistleblower protections available to new employees during a probationary period;
(ii) the role of the Office of Special Counsel and the Merit Systems Protection Board with respect to whistleblower protections; and
(iii) the means by which, with respect to information that is otherwise required by law or Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, an employee may make a lawful disclosure of the information to—
(I) the Special Counsel;
(II) the Inspector General of an agency;
(III) Congress (including any committee of Congress with respect to information that is not classified or, if classified, has been classified by the head of an agency that is not an element of the intelligence community and does not reveal intelligence sources and methods); or
(IV) another employee of the agency who is designated to receive such a disclosure.
(3) The head of each agency shall ensure that the information described in paragraph (2) is provided to each new employee of the agency not later than 180 days after the date on which the new employee is appointed.
(4) The head of each agency shall make available information regarding whistleblower protections applicable to employees of the agency on the public website of the agency and on any online portal that is made available only to employees of the agency, if such portal exists.
(5) Any employee to whom the head of an agency delegates authority for any aspect of personnel management shall, within the limits of the scope of the delegation, be responsible for the activities described in paragraph (2).
(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 (
(2) sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (
(3) under section 6(d) of the Fair Labor Standards Act of 1938 (
(4) section 501 of the Rehabilitation Act of 1973 (
(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
(B)
(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),1 7281(e), and 7802(5) 1 of title 38.
(F)
(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).
(f)(1) A disclosure shall not be excluded from subsection (b)(8) because—
(A) the disclosure was made to a supervisor or to a person who participated in an activity that the employee or applicant reasonably believed to be covered by subsection (b)(8)(A)(i) and (ii);
(B) the disclosure revealed information that had been previously disclosed;
(C) of the employee's or applicant's motive for making the disclosure;
(D) the disclosure was not made in writing;
(E) the disclosure was made while the employee was off duty;
(F) the disclosure was made before the date on which the individual was appointed or applied for appointment to a position; or
(G) of the amount of time which has passed since the occurrence of the events described in the disclosure.
(2) If a disclosure is made during the normal course of duties of an employee, the principal job function of whom is to regularly investigate and disclose wrongdoing (referred to in this paragraph as the "disclosing employee"), the disclosure shall not be excluded from subsection (b)(8) if the disclosing employee demonstrates that an employee who has the authority to take, direct other individuals to take, recommend, or approve any personnel action with respect to the disclosing employee took, failed to take, or threatened to take or fail to take a personnel action with respect to the disclosing employee in reprisal for the disclosure made by the disclosing employee.
(Added
Editorial Notes
References in Text
Section 1308(b) of the Alaska National Interest Lands Conservation Act, referred to in subsec. (e)(1)(C), is classified to
Section 301(c) of the Foreign Service Act of 1980, referred to in subsec. (e)(1)(D), is classified to
Amendments
2021—Subsec. (b)(13).
2019—Subsec. (b)(8)(C).
Subsec. (c)(2)(C)(iii)(III).
2017—Subsec. (b)(9)(C).
Subsec. (b)(9)(D).
Subsec. (b)(14).
Subsecs. (c) to (f).
Subsec. (f)(1)(F), (G).
Subsec. (f)(2).
2015—Subsec. (a)(2)(A)(viii).
2013—Subsec. (a)(2)(C)(ii).
"(I) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and
"(II) 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, provided that the determination be made prior to a personnel action; or".
2012—Subsec. (a)(2)(A)(xi), (xii).
Subsec. (a)(2)(C)(i).
Subsec. (a)(2)(C)(ii).
Subsec. (a)(2)(D).
Subsec. (b).
Subsec. (b)(8)(A)(i).
Subsec. (b)(8)(B)(i).
Subsec. (b)(9)(A).
Subsec. (b)(9)(B).
Subsec. (b)(13).
Subsec. (c).
Subsec. (f).
2008—Subsec. (a)(2)(C)(ii).
2004—Subsec. (a)(2)(C)(iii).
1998—Subsec. (a)(1).
"(A) Any action described in subsection (b) of this section.
"(B) Any action or failure to act that is designated as a prohibited personnel action under
Subsec. (b)(10) to (12).
Subsec. (e).
1996—Subsec. (a)(1).
Subsec. (a)(2)(C)(ii).
Subsec. (b)(2).
1994—Subsec. (a)(2)(A).
Subsec. (a)(2)(A)(x), (xi).
Subsec. (a)(2)(B).
"(i) a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or
"(ii) any position 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."
Subsec. (a)(2)(C)(i).
Subsec. (a)(2)(C)(ii).
Subsec. (c).
1993—Subsec. (b)(2).
"(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;".
1992—Subsec. (b)(8)(B).
1990—Subsec. (a)(2)(C).
1989—Subsec. (b)(8).
Subsec. (b)(9).
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (a)(2)(C) on authority of section 1301(b) of
Effective Date of 2012 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by section 1122(a)(1) of
Effective Date of 1993 Amendment; Savings Provision
Amendment by
Effective Date of 1989 Amendment
Amendment by
Savings Provision
Agency Websites
Nondisclosure Policy, Form, or Agreement in Effect Before the Effective Date
"(A) it shall not be a prohibited personnel practice to enforce that policy, form, or agreement with regard to a current employee if the agency gives such employee notice of the statement; and
"(B) it shall not be a prohibited personnel practice to enforce that policy, form, or agreement after the effective date of this Act with regard to a former employee if the agency complies with paragraph (2) of this subsection [set out as a note above]."
Disclosure of Censorship Related to Research, Analysis, or Technical Information
"(a)
"(1) the term 'agency' has the meaning given under
"(2) the term 'applicant' means an applicant for a covered position;
"(3) the term 'censorship related to research, analysis, or technical information' means any effort to distort, misrepresent, or suppress research, analysis, or technical information;
"(4) the term 'covered position' has the meaning given under
"(5) the term 'employee' means an employee in a covered position in an agency; and
"(6) the term 'disclosure' has the meaning given under
"(b)
"(1)
"(A) shall come within the protections of
"(i) the employee or applicant reasonably believes that the censorship related to research, analysis, or technical information is or will cause—
"(I) any violation of 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; and
"(ii) such disclosure is not specifically prohibited by law or such information is not specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs; and
"(B) shall come within the protections of
"(i) the employee or applicant reasonably believes that the censorship related to research, analysis, or technical information is or will cause—
"(I) any violation of 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; and
"(ii) the disclosure is made to the Special Counsel, or to the Inspector General of an agency or another person designated by the head of the agency to receive such disclosures, consistent with the protection of sources and methods.
"(2)
"(3)
Nondisclosure Policies, Forms, and Agreements
"(a)
"(1)
"(2)
"(3)
"(A)
"(B)
"(i) it shall not be a prohibited personnel practice to enforce that policy, form, or agreement with regard to a current employee if the agency gives such employee notice of the statement; and
"(ii) it shall not be a prohibited personnel practice to enforce that policy, form, or agreement after the effective date of this Act with regard to a former employee if the agency complies with paragraph (2).
"(b)
Executive Documents
Federal Benefits and Non-Discrimination
Memorandum of President of the United States, June 17, 2009, 74 F.R. 29393, provided:
Memorandum for the Heads of Executive Departments and Agencies
Millions of hard-working, dedicated, and patriotic public servants are employed by the Federal Government as part of the civilian workforce, and many of these devoted Americans have same-sex domestic partners. Leading companies in the private sector are free to provide to same-sex domestic partners the same benefits they provide to married people of the opposite sex. Executive departments and agencies, however, may only provide benefits on that basis if they have legal authorization to do so. My Administration is not authorized by Federal law to extend a number of available Federal benefits to the same-sex partners of Federal employees. Within existing law, however, my Administration, in consultation with the Secretary of State, who oversees our Foreign Service employees, and the Director of the Office of Personnel Management, who oversees human resource management for our civil service employees, has identified areas in which statutory authority exists to achieve greater equality for the Federal workforce through extension to same-sex domestic partners of benefits currently available to married people of the opposite sex. Extending available benefits will help the Federal Government compete with the private sector to recruit and retain the best and the brightest employees.
I hereby request the following:
(i) Authority granted by law or Executive Order to an agency, or the head thereof; or
(ii) Functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Extension of Benefits to Same-Sex Domestic Partners of Federal Employees
Memorandum of President of the United States, June 2, 2010, 75 F.R. 32247, provided:
Memorandum for the Heads of Executive Departments and Agencies
For far too long, many of our Government's hard-working, dedicated LGBT employees have been denied equal access to the basic rights and benefits their colleagues enjoy. This kind of systemic inequality undermines the health, well-being, and security not just of our Federal workforce, but also of their families and communities. That is why, last June, I directed the heads of executive departments and agencies (agencies), in consultation with the Office of Personnel Management (OPM), to conduct a thorough review of the benefits they provide and to identify any that could be extended to LGBT employees and their partners and families. Although legislative action is necessary to provide full equality to LGBT Federal employees, the agencies have identified a number of benefits that can be extended under existing law. OPM, in consultation with the Department of Justice, has provided me with a report recommending that all of the identified benefits be extended.
Accordingly, I hereby direct the following:
(a) The Director of OPM should take appropriate action to:
(i) clarify that the children of employees' same-sex domestic partners fall within the definition of "child" for purposes of Federal child-care subsidies, and, where appropriate, for child-care services;
(ii) clarify that, for purposes of employee assistance programs, same-sex domestic partners and their children qualify as "family members";
(iii) issue a proposed rule that would clarify that employees' same-sex domestic partners qualify as "family members" for purposes of noncompetitive appointments made pursuant to Executive Order 12721 of July 30, 1990;
(iv) issue a proposed rule that would add a Federal retiree's same-sex domestic partner to the list of individuals presumed to have an insurable interest in the employee pursuant to
(v) clarify that under appropriate circumstances, employees' same-sex domestic partners and their children qualify as dependents for purposes of evacuation payments made under
(vi) amend its guidance on implementing President Clinton's April 11, 1997, memorandum to heads of executive departments and agencies on "Expanded Family and Medical Leave Policies" to specify that the 24 hours of unpaid leave made available to Federal employees in connection with (i) school and early childhood educational activities; (ii) routine family medical purposes; and (iii) elderly relatives' health or care needs, may be used to meet the needs of an employee's same-sex domestic partner or the same-sex domestic partner's children; and
(vii) clarify that employees' same-sex domestic partners qualify as dependents for purposes of calculating the extra allowance payable under
(b) The Administrator of General Services should take appropriate action to amend the definitions of "immediate family" and "dependent" appearing in the Federal Travel Regulations, 41 C.F.R. Chs. 300–304, to include same-sex domestic partners and their children, so that employees and their domestic partners and children can obtain the full benefits available under applicable law, including certain travel, relocation, and subsistence payments.
(c) All agencies offering any of the benefits specified by OPM in implementing guidance under section 3 of this memorandum, including credit union membership, access to fitness facilities, and access to planning and counseling services, should take all appropriate action to provide the same level of benefits that is provided to employees' spouses and their children to employees' same-sex domestic partners and their children.
(d) All agencies with authority to provide benefits to employees outside of the context of
(i) authority granted by law or Executive Order to an agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
1 So in original. The period probably should be a semicolon.
1 See References in Text note below.
§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 an employee in, or applicant for, a position in the Bureau as a reprisal for a disclosure of information—
(1) made—
(A) in the case of an employee, to a supervisor in the direct chain of command of the employee, up to and including the head of the employing agency;
(B) to the Inspector General;
(C) to the Office of Professional Responsibility of the Department of Justice;
(D) to the Office of Professional Responsibility of the Federal Bureau of Investigation;
(E) to the Inspection Division of the Federal Bureau of Investigation;
(F) as described in section 7211;
(G) to the Office of Special Counsel; or
(H) to an employee designated by any officer, employee, office, or division described in subparagraphs (A) through (G) for the purpose of receiving such disclosures; and
(2) which the employee or applicant reasonably believes evidences—
(A) any 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.
For the purpose of this subsection, "personnel action" means any action described in clauses (i) through (x) of
(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
(d)(1) An employee of the Federal Bureau of Investigation who makes an allegation of a reprisal under regulations promulgated under this section may appeal a final determination or corrective action order by the Bureau under those regulations to the Merit Systems Protection Board pursuant to section 1221.
(2) If no final determination or corrective action order has been made or issued for an allegation described in paragraph (1) before the expiration of the 180-day period beginning on the date on which the allegation is received by the Federal Bureau of Investigation, the employee described in that paragraph may seek corrective action directly from the Merit Systems Protection Board pursuant to section 1221.
(Added
Editorial Notes
Amendments
2022—Subsec. (d).
2016—Subsec. (a).
"(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".
1989—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1989 Amendment
Amendment by
Whistleblower Protections for Federal Bureau of Investigation Contractors
"(1)
"(A) made—
"(i) to a supervisor in the direct chain of command of the contractor employee;
"(ii) to the Inspector General;
"(iii) to the Office of Professional Responsibility of the Department of Justice;
"(iv) to the Office of Professional Responsibility of the Federal Bureau of Investigation;
"(v) to the Inspection Division of the Federal Bureau of Investigation;
"(vi) to the Office of Special Counsel; or
"(vii) to an employee designated by any officer, employee, office, or division described in clauses (i) through (vii) for the purpose of receiving such disclosures; and
"(B) which the contractor employee reasonably believes evidences—
"(i) any violation of any law, rule, or regulation (including with respect to evidence of another employee or contractor employee accessing or sharing classified information without authorization); or
"(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
"(2)
"(3)
"(4)
"(5)
"(A) The term 'contractor employee' means an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of the Federal Bureau of Investigation.
"(B) The term 'personnel action' means any action described in clauses (i) through (x) of
Executive Documents
Delegation of Responsibilities Concerning FBI Employees Under the Civil Service Reform Act of 1978
Memorandum of President of the United States, Apr. 14, 1997, 62 F.R. 23123, provided:
Memorandum for the Attorney General
By the authority vested in me by the Constitution and laws of the United States of America, including
All of the functions vested in the President by
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
§2304. Prohibited personnel practices affecting the Transportation Security Administration
(a)
(1) the provisions of section 2302(b)(1), (8), and (9);
(2) any provision of law implementing section 2302(b)(1), (8), or (9) by providing any right or remedy available to an employee or applicant for employment in the civil service; and
(3) any rule or regulation prescribed under any provision of law referred to in paragraph (1) or (2).
(b)
(Added
Editorial Notes
Prior Provisions
A prior section 2304 was renumbered
Statutory Notes and Related Subsidiaries
Effective Date
§2305. Responsibility of the Government Accountability Office
If requested by either House of the Congress (or any committee thereof), or if considered necessary by the Comptroller General, the Government Accountability 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.
(Added
Editorial Notes
Prior Provisions
A prior section 2305 was renumbered
Amendments
2012—
2004—
1995—
"(1) significant actions taken by the Board to carry out its functions under this title; and
"(2) significant actions of the Office of Personnel Management, including an analysis of whether or not the actions of the Office are in accord with merit system principles and free from prohibited personnel practices."
1992—Subsec. (b).
§2306. 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 (
(Added
Editorial Notes
References in Text
The National Security Act of 1947, referred to in text, is act July 26, 1947, ch. 343,
The Central Intelligence Agency Act of 1949, referred to in text, is act June 20, 1949, ch. 227,
The Act entitled "An Act to provide certain administrative authorities for the National Security Agency, and for other purposes", approved May 29, 1959, referred to in text, is
The Act entitled "An Act to amend the Internal Security Act of 1950", approved March 26, 1964, referred to in text, is act Sept. 23, 1950, ch. 1024, title III, as added Mar. 26, 1964,
Amendments
2012—
1 See References in Text note below.
[§2307. Repealed. Pub. L. 115–91, div. A, title X, §1097(b)(1)(A), Dec. 12, 2017, 131 Stat. 1616 ]
Section, added
CHAPTER 29 —COMMISSIONS, OATHS, RECORDS, AND REPORTS
SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS
SUBCHAPTER II—REPORTS
Editorial Notes
Amendments
1978—
SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS
§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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §1773. |
The words "confirmed by" are substituted for "advised and consented to".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§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, the Secretary of Homeland Security, 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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | [None.] | |
| (b) | Mar. 3, 1875, ch. 131, §14, |
|
| Mar. 28, 1896, ch. 73, |
||
| Mar. 3, 1905, ch. 1422, |
||
| (c) | Aug. 8, 1888, ch. 786, |
In subsection (a), the words "Except as provided by subsections (b) and (c) of this section," are added on authority of former sections 11 and 12, which are codified in subsections (b) and (c) of this section. The words "the commission of an officer" are substituted for "all civil commissions for officers of the United States" because of the definition of "officer" in section 2104. The words "by the President" are coextensive with and substituted for "by the President, by and with the advice and consent of the Senate, or by the President alone".
In subsection (b), the words "officer in the civil service or uniformed services" are substituted for "officer" because of the definition of "officer" in section 2104. The words "direction and" are omitted as included within "the control". The words "the Secretary of Defense" are added on authority of the Acts of July 26, 1947, ch. 343, §305(a),
In subsection (c), the words "and shall be" and "any laws to the contrary notwithstanding" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2006—Subsec. (b).
1975—Subsec. (b).
§2903. Oath; authority to administer
(a) The oath of office required by
(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
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | R.S. §1758. | |
| (b) | June 26, 1943, ch. 145, §206 (less 1st 9 words after last comma), |
|
| (c) | Sept. 30, 1961, |
|
| July 3, 1926, ch. 752, |
In subsection (b), the words "On and after June 26, 1943" are omitted as executed, and the word "officer" is omitted as included in "employee". The words "Executive agency" are coextensive with and substituted for "executive departments or independent establishments, including any agency the majority of the stock of which is owned by the Government of the United States" because of the definition of "Executive agency" in section 105. The words "or the Secretary of a military department with respect to an employee of his department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
In subsection (c), the word "Constitution" is omitted because "laws", as used in this title, encompasses the Constitution. In subsection (c)(1), the words "of the United States" are omitted as unnecessary. In subsection (c)(2), the words "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" are coextensive with and substituted for "notaries public duly appointed in any State, District, or Territory of the United States, by clerks and prothonotaries of courts of record of any such State, District, or Territory, by the deputies of such clerks and prothonotaries, and by all magistrates authorized by the laws of or pertaining to any such State, District, or Territory to administer oaths".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§2904. Oath; administered without fees
An employee of an Executive agency who is authorized to administer the oath of office required by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 26, 1943, ch. 145, §206 (1st 9 words after last comma), |
||
| Sept. 30, 1961, |
||
| Aug. 29, 1890, ch. 820, §1 (2d sentence under "Fourth Auditor's Office"), |
The section is restated to combine former sections 16a(a) (1st 9 words after last comma) and 20. The prohibition is restated in positive form. The words "officer" and "clerk" are omitted as included in "employee". Reference to oaths taken on promotion is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§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
(b) An individual who, on appointment as an employee of a House of Congress, subscribed to the oath of office required by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Aug. 14, 1937, ch. 624, |
|
| (b) | Mar. 28, 1955, ch. 17, |
In subsection (a), the word "civilian" is omitted as unnecessary because of the definition of "employee" in section 2105. The words "Executive agency" are coextensive with and substituted for "executive departments and independent establishments of the United States" because of the definition of "Executive agency" in section 105. The words "the Secretary of a military department with respect to an employee of his department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§2906. Oath; custody
The oath of office taken by an individual under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §1759. |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
SUBCHAPTER II—REPORTS
§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; and
(E) removal; and
(2) the Office keep records of these actions.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Jan. 16, 1883, ch. 27, §2(2)8 (less last sentence), |
The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302.
In paragraph (1), the word "authority" is substituted for "power". The words "or employment" are omitted as included within "appointment".
In paragraph (1)(B), the words "separation during probation" are substituted for "of the rejection of any such person after probation". The words "rejection . . . after probation" refer to a rejection, i.e., separation, after a portion of the probationary period has been served but before the end of the probationary period. This is so because an individual can be rejected only during the probationary period. After he has completed the probationary period, he can be removed only under procedures governing removals from the competitive service, and removals of this nature are covered by paragraph (E).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1978—
Pars. (1), (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §195. |
The words "Executive department" are substituted for "department" as the definition of "department" applicable to this section is coextensive with the definition of "Executive department" in section 101.
The words "or military department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, 201(d), as added Aug. 10, 1949, ch. 412, §4,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§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 Government Accountability Office.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Jan. 16, 1883, ch. 27, §11; added July 25, 1956, ch. 730, §1, |
In subsection (a), the words, "Executive agency" are substituted for "department, agency, or independent establishment of the executive branch of the Federal Government (including any corporation wholly owned by the United States)" in view of the definition of "Executive agency" in section 105. The exception of "a Government controlled corporation" is subsection (b) (2) is added to preserve the application to corporations wholly owned by the United States.
The exception of "the General Accounting Office" in subsection (b)(3) is added to preserve application to the executive branch.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2004—Subsec. (b)(3).
§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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| May 29, 1928, ch. 901, §2, |
The words "Executive agency" are substituted for "executive department and independent establishment" in view of the definition of "Executive agency" in section 105.
The words "Committee on Government Operations of the House of Representatives" are substituted for "Committee on Expenditures in the Executive Departments of the House of Representatives" on authority of H. Res. 647 of the 82d Congress, adopted July 3, 1952.
The words "Committee on Government Operations of the Senate" are substituted for "Committee on Expenditures in the Executive Departments of the Senate" on authority of S. Res. 280 of the 82d Congress, adopted Mar. 3, 1952.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1994—
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of