US (United States) Code. Title 5. Chapter 15: Political activity of certain state and local employees

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

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  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 20 páginas
publicidad
publicidad

-CITE-

5 USC CHAPTER 15 - POLITICAL ACTIVITY OF CERTAIN STATE

AND LOCAL EMPLOYEES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 15 - POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL

EMPLOYEES

.

-HEAD-

CHAPTER 15 - POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL

EMPLOYEES

-MISC1-

Sec.

1501. Definitions.

1502. Influencing elections; taking part in political campaigns;

prohibitions; exceptions.

1503. Nonpartisan candidacies permitted.

1504. Investigations; notice of hearing.

1505. Hearings; adjudications; notice of determinations.

1506. Orders; withholding loans or grants; limitations.

1507. Subpenas and depositions.

1508. Judicial review.

AMENDMENTS

1974 - Pub. L. 93-443, title IV, Sec. 401(b)(2), Oct. 15, 1974,

88 Stat. 1290, substituted ''candidacies'' for ''political

activity'' in item 1503.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1212, 1215, 1216, 1302,

4703 of this title; title 23 section 142; title 42 sections 2996e,

3056, 4728, 9851, 9918.

-CITE-

5 USC Sec. 1501 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 15 - POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL

EMPLOYEES

-HEAD-

Sec. 1501. Definitions

-STATUTE-

For the purpose of this chapter -

(1) ''State'' means a State or territory or possession of the

United States;

(2) ''State or local agency'' means the executive branch of a

State, municipality, or other political subdivision of a State,

or an agency or department thereof;

(3) ''Federal agency'' means an Executive agency or other

agency of the United States, but does not include a member bank

of the Federal Reserve System; and

(4) ''State or local officer or employee'' means an individual

employed by a State or local agency whose principal employment is

in connection with an activity which is financed in whole or in

part by loans or grants made by the United States or a Federal

agency, but does not include -

(A) an individual who exercises no functions in connection

with that activity; or

(B) an individual employed by an educational or research

institution, establishment, agency, or system which is

supported in whole or in part by a State or political

subdivision thereof, or by a recognized religious,

philanthropic, or cultural organization.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 403; Pub. L. 93-443, title

IV, Sec. 401(c), Oct. 15, 1974, 88 Stat. 1290.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(1) 5 U.S.C. 118k-2. July 19, 1940, ch.

640, Sec. 4 ''Sec.

19'', 54 Stat. 772.

(2), (3) 5 U.S.C. 118k(f). July 19, 1940, ch.

640, Sec. 4 ''Sec.

12(f)'', 54 Stat.

770.

(4) 5 U.S.C. 118k(a) July 19, 1940, ch.

(1st 41 words), 640, Sec. 4 ''Sec

(e). 12(a) (1st 41

words), (e)'', 54

Stat. 767, 770.

5 U.S.C. 118k-1 (as Oct. 24, 1942, ch.

applicable to 5 620 ''Sec. 21 (as

U.S.C. 118k). applicable to Sec.

12 of the Act of

Aug. 2, 1939; added

July 19, 1940, ch.

640, Sec. 4, 54

Stat. 767)'', 56

Stat. 986.

(5) 5 U.S.C. 118l (as July 19, 1940, ch.

applicable to 5 640, Sec. 4 ''Sec.

U.S.C. 118k). 15 (as applicable

to Sec. 12 of the

Act of Aug. 2,

1939; added July

19, 1940, ch. 640,

Sec. 4, 54 Stat.

767)'', 54 Stat.

771.

-------------------------------

In paragraph (4)(B), the words ''or by any Territory or

Territorial possession of the United States'' are omitted in view

of the definition of ''State'' in paragraph (1).

In paragraph (5), the words ''July 19, 1940'' are substituted for

''at the time this section takes effect''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1974 - Par. (5). Pub. L. 93-443 struck out par. (5) which defined

''an active part in political management or in political

campaigns''.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section

410(a) of Pub. L. 93-443, set out as a note under section 431 of

Title 2, The Congress.

-CITE-

5 USC Sec. 1502 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 15 - POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL

EMPLOYEES

-HEAD-

Sec. 1502. Influencing elections; taking part in political

campaigns; prohibitions; exceptions

-STATUTE-

(a) A State or local officer or employee may not -

(1) use his official authority or influence for the purpose of

interfering with or affecting the result of an election or a

nomination for office;

(2) directly or indirectly coerce, attempt to coerce, command,

or advise a State or local officer or employee to pay, lend, or

contribute anything of value to a party, committee, organization,

agency, or person for political purposes; or

(3) be a candidate for elective office.

(b) A State or local officer or employee retains the right to

vote as he chooses and to express his opinions on political

subjects and candidates.

(c) Subsection (a)(3) of this section does not apply to -

(1) the Governor or Lieutenant Governor of a State or an

individual authorized by law to act as Governor;

(2) the mayor of a city;

(3) a duly elected head of an executive department of a State

or municipality who is not classified under a State or municipal

merit or civil-service system; or

(4) an individual holding elective office.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 404; Pub. L. 93-443, title

IV, Sec. 401(a), Oct. 15, 1974, 88 Stat. 1290.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 118k(a) July 19, 1940, ch.

(less 1st 41 640, Sec. 4 ''Sec.

words). 12(a) (less 1st 41

words)'', 54 Stat.

767.

-------------------------------

In subsection (a), the term ''State or local officer or

employee'', defined in section 1501, is substituted for the first

41 words of former section 118k(a). The words ''any part of his

salary or compensation'' are omitted as included in ''anything of

value''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1974 - Subsec. (a)(3). Pub. L. 93-443 substituted ''be a

candidate for elective office'' for ''take an active part in

political management or in political campaigns''.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section

410(a) of Pub. L. 93-443, set out as a note under section 431 of

Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1503, 1504, 1505, 1506 of

this title; title 42 sections 9851, 9918.

-CITE-

5 USC Sec. 1503 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 15 - POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL

EMPLOYEES

-HEAD-

Sec. 1503. Nonpartisan candidacies permitted

-STATUTE-

Section 1502(a)(3) of this title does not prohibit any State or

local officer or employee from being a candidate in any election if

none of the candidates is to be nominated or elected at such

election as representing a party any of whose candidates for

Presidential elector received votes in the last preceding election

at which Presidential electors were selected.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 404; Pub. L. 93-443, title

IV, Sec. 401(b)(1), Oct. 15, 1974, 88 Stat. 1290.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 118n (as July 19, 1940, ch.

applicable to 5 640, Sec. 4 ''Sec.

U.S.C. 118k(a)). 18 (as applicable

to Sec. 12 of the

Act of Aug. 2,

1939; added July

19, 1940, ch. 640,

Sec. 4, 54 Stat.

767)'', 54 Stat.

772.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1974 - Pub. L. 93-443 substituted ''candidacies'' for ''political

activity'' in section catchline and provision permitting

nonpartisan candidacies for prior provision permitting political

activity in connection with (1) an election and the preceding

campaign if none of the candidates was to be nominated or elected

at that election as representing a party any of whose candidates

for presidential elector received votes in the last preceding

election at which presidential electors were selected, or (2) a

question which was not specifically identified with a National or

State political party and deeming questions relating to

constitutional amendments, referendums, approval of municipal

ordinances, and others of a similar character as not specifically

identified with a National or State political party.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section

410(a) of Pub. L. 93-443, set out as a note under section 431 of

Title 2, The Congress.

-CITE-

5 USC Sec. 1504 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 15 - POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL

EMPLOYEES

-HEAD-

Sec. 1504. Investigations; notice of hearing

-STATUTE-

When a Federal agency charged with the duty of making a loan or

grant of funds of the United States for use in an activity by a

State or local officer or employee has reason to believe that the

officer or employee has violated section 1502 of this title, it

shall report the matter to the Special Counsel. On receipt of the

report or on receipt of other information which seems to the

Special Counsel to warrant an investigation, the Special Counsel

shall investigate the report and such other information and present

his findings and any charges based on such findings to the Merit

Systems Protection Board, which shall -

(1) fix a time and place for a hearing; and

(2) send, by registered or certified mail, to the officer or

employee charged with the violation and to the State or local

agency employing him a notice setting forth a summary of the

alleged violation and giving the time and place of the hearing.

The hearing may not be held earlier than 10 days after the mailing

of the notice.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 405; Pub. L. 95-454, title

IX, Sec. 906(a)(7), Oct. 13, 1978, 92 Stat. 1225.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 118k(b) July 19, 1940, ch.

(1st and 2d 640 Sec. 4 ''Sec.

sentences, and 4th 12(b) (1st and 2d

through 17th words sentences, and 4th

of 3d sentence). through 17th words

of 3d sentence)'',

54 Stat. 768. June

11, 1960, Pub. L.

86-507, Sec. 1(1),

74 Stat. 200.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 substituted provisions respecting the

functions of the Special Counsel and the Merit Systems Protection

Board for provisions respecting the functions of the Civil Service

Commission.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1505, 1508 of this title.

-CITE-

5 USC Sec. 1505 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 15 - POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL

EMPLOYEES

-HEAD-

Sec. 1505. Hearings; adjudications; notice of determinations

-STATUTE-

Either the State or local officer or employee or the State or

local agency employing him, or both, are entitled to appear with

counsel at the hearing under section 1504 of this title, and be

heard. After this hearing, the Merit Systems Protection Board

shall -

(1) determine whether a violation of section 1502 of this title

has occurred;

(2) determine whether the violation warrants the removal of the

officer or employee from his office or employment; and

(3) notify the officer or employee and the agency of the

determination by registered or certified mail.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 405; Pub. L. 95-454, title

IX, Sec. 906(a)(6), Oct. 13, 1978, 92 Stat. 1225.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 118k(b) (3d July 19, 1940, ch.

sentence, less 4th, 640, Sec. 4 ''Sec.

through 17th words, 12(b) (3d sentence,

and 4th sentence). less 4th through

17th words, and 4th

sentence)'', 54

Stat. 768. June 11,

1960, Pub. L. 86-

507, Sec. 1(1), 74

Stat. 200.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 substituted ''Merit Systems Protection

Board'' for ''Civil Service Commission''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1508 of this title.

-CITE-

5 USC Sec. 1506 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 15 - POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL

EMPLOYEES

-HEAD-

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

-STATUTE-

(a) When the Merit Systems Protection Board finds -

(1) that a State or local officer or employee has not been

removed from his office or employment within 30 days after notice

of a determination by the Board that he has violated section 1502

of this title and that the violation warrants removal; or

(2) that the State or local officer or employee has been

removed and has been appointed within 18 months after his removal

to an office or employment in the same State in a State or local

agency which does not receive loans or grants from a Federal

agency;

the Board shall make and certify to the appropriate Federal agency

an order requiring that agency to withhold from its loans or grants

to the State or local agency to which notice was given an amount

equal to 2 years' pay at the rate the officer or employee was

receiving at the time of the violation. When the State or local

agency to which appointment within 18 months after removal has been

made is one that receives loans or grants from a Federal agency,

the Board order shall direct that the withholding be made from that

State or local agency.

(b) Notice of the order shall be sent by registered or certified

mail to the State or local agency from which the amount is ordered

to be withheld. After the order becomes final, the Federal agency

to which the order is certified shall withhold the amount in

accordance with the terms of the order. Except as provided by

section 1508 of this title, a determination of order of the Board

becomes final at the end of 30 days after mailing the notice of the

determination or order.

(c) The Board may not require an amount to be withheld from a

loan or grant pledged by a State or local agency as security for

its bonds or notes if the withholding of that amount would

jeopardize the payment of the principal or interest on the bonds or

notes.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 405; Pub. L. 95-454, title

IX, Sec. 906(a)(6), Oct. 13, 1978, 92 Stat. 1225.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 118k(b) July 19, 1940, ch.

(less 1st 4 640, Sec. 4 ''Sec.

sentences). 12(b) (less 1st 4

sentences)'', 54

Stat. 768. June 11,

1960, Pub. L. 86-

507, Sec. 1(1), 74

Stat. 200.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-454 substituted ''Merit Systems

Protection Board'' for ''Civil Service Commission'' and ''Board''

for ''Commission'', respectively, wherever appearing.

Subsecs. (b), (c). Pub. L. 95-454 substituted ''Board'' for

''Commission''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1508 of this title.

-CITE-

5 USC Sec. 1507 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 15 - POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL

EMPLOYEES

-HEAD-

Sec. 1507. Subpenas and depositions

-STATUTE-

(a) The Merit Systems Protection Board may require by subpena the

attendance and testimony of witnesses and the production of

documentary evidence relating to any matter before it as a result

of this chapter. Any member of the Board may sign subpenas, and

members of the Board and its examiners when authorized by the Board

may administer oaths, examine witnesses, and receive evidence. The

attendance of witnesses and the production of documentary evidence

may be required from any place in the United States at the

designated place of hearing. In case of disobedience to a subpena,

the Board may invoke the aid of a court of the United States in

requiring the attendance and testimony of witnesses and the

production of documentary evidence. In case of contumacy or

refusal to obey a subpena issued to a person, the United States

District Court within whose jurisdiction the inquiry is carried on

may issue an order requiring him to appear before the Board, or to

produce documentary evidence if so ordered, or to give evidence

concerning the matter in question; and any failure to obey the

order of the court may be punished by the court as a contempt

thereof.

(b) The Board may order testimony to be taken by deposition at

any stage of a proceeding or investigation before it as a result of

this chapter. Depositions may be taken before an individual

designated by the Board and having the power to administer oaths.

Testimony shall be reduced to writing by the individual taking the

deposition, or under his direction, and shall be subscribed by the

deponent. Any person may be compelled to appear and depose and to

produce documentary evidence before the Board as provided by this

section.

(c) A person may not be excused from attending and testifying or

from producing documentary evidence or in obedience to a subpena on

the ground that the testimony or evidence, documentary or otherwise

required of him may tend to incriminate him or subject him to a

penalty or forfeiture for or on account of any transaction, matter,

or thing concerning which he is compelled to testify, or produce

evidence, documentary or otherwise, before the Board in obedience

to a subpena issued by it. A person so testifying is not exempt

from prosecution and punishment for perjury committed in so

testifying.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 406; Pub. L. 95-454, title

IX, Sec. 906(a)(6), Oct. 13, 1978, 92 Stat. 1225.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 118k(d) July 19, 1940, ch.

(less 1st 640, Sec. 4 ''Sec.

sentence). 12(d) (less 1st

sentence)'', 54

Stat. 769.

-------------------------------

In subsection (a), the word ''affirmation'' is omitted as

included in ''oath'' on authority of section 1 of title 1, United

States Code. The title of the court is changed to conform to title

28.

In subsection (c), the prohibition is restated in positive form.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-454 substituted ''Merit Systems

Protection Board'' and ''Board'' for ''Civil Service Commission''

and ''Commission'', respectively, wherever appearing.

Subsecs. (b), (c). Pub. L. 95-454 substituted ''Board'' for

''Commission'' wherever appearing.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

-CITE-

5 USC Sec. 1508 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 15 - POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL

EMPLOYEES

-HEAD-

Sec. 1508. Judicial review

-STATUTE-

A party aggrieved by a determination or order of the Merit

Systems Protection Board under section 1504, 1505, or 1506 of this

title may, within 30 days after the mailing of notice of the

determination or order, institute proceedings for review thereof by

filing a petition in the United States District Court for the

district in which the State or local officer or employee resides.

The institution of the proceedings does not operate as a stay of

the determination or order unless -

(1) the court specifically orders a stay; and

(2) the officer or employee is suspended from his office or

employment while the proceedings are pending.

A copy of the petition shall immediately be served on the Board,

and thereupon the Board shall certify and file in the court a

transcript of the record on which the determination or order was

made. The court shall review the entire record including questions

of fact and questions of law. If application is made to the court

for leave to adduce additional evidence, and it is shown to the

satisfaction of the court that the additional evidence may

materially affect the result of the proceedings and that there were

reasonable grounds for failure to adduce this evidence in the

hearing before the Board, the court may direct that the additional

evidence be taken before the Board in the manner and on the terms

and conditions fixed by the court. The Board may modify its

findings of fact or its determination or order in view of the

additional evidence and shall file with the court the modified

findings, determination, or order; or the modified findings of

fact, if supported by substantial evidence, are conclusive. The

court shall affirm the determination or order, or the modified

determination or order, if the court determines that it is in

accordance with law. If the court determines that the

determination or order, or the modified determination or order, is

not in accordance with law, the court shall remand the proceeding

to the Board with directions either to make a determination or

order determined by the court to be lawful or to take such further

proceedings as, in the opinion of the court, the law requires. The

judgment and decree of the court are final, subject to review by

the appropriate United States Court of Appeals as in other cases,

and the judgment and decree of the court of appeals are final,

subject to review by the Supreme Court of the United States on

certiorari or certification as provided by section 1254 of title

28. If a provision of this section is held to be invalid as applied

to a party by a determination or order of the Board, the

determination or order becomes final and effective as to that party

as if the provision had not been enacted.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 406; Pub. L. 95-454, title

IX, Sec. 906(a)(6), Oct. 13, 1978, 92 Stat. 1225.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 118k(c). July 19, 1940, ch.

640, Sec. 4 ''Sec.

12(c)'', 54 Stat.

768.

-------------------------------

Sections 346 and 347 of title 28 referred to in former section

118k(c) were repealed by the Act of June 25, 1948, ch. 646, Sec.

39, 62 Stat. 862, and are now covered by section 1254 of title 28.

The titles of the courts are changed to conform to title 28.

In the reference to filing a written petition, ''written'' 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.

AMENDMENTS

1978 - Pub. L. 95-454 substituted ''Merit Systems Protection

Board'' and ''Board'' for ''Civil Service Commission'' and

''Commission'', respectively, wherever appearing.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1506 of this title.

-CITE-

5 USC PART III - EMPLOYEES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

.

-HEAD-

PART III - EMPLOYEES

-MISC1-

SUBPART A - GENERAL PROVISIONS

Chap. Sec.

21. Definitions 2101

23. Merit system principles 2301

29. Commissions, Oaths, Records, and Reports 2901

SUBPART B - EMPLOYMENT AND RETENTION

31. Authority for Employment 3101

33. Examination, Selection, and Placement 3301

34. Part-time career employment opportunities 3401

35. Retention Preference, Restoration, and Reemployment (FOOTNOTE

1) 3501

(FOOTNOTE 1) Chapter heading amended by Pub. L. 107-296 without

corresponding amendment of part analysis.

37. Information Technology Exchange Program 3701

SUBPART C - EMPLOYEE PERFORMANCE

41. Training 4101

43. Performance Appraisal 4301

45. Incentive Awards 4501

47. Personnel Research Programs and Demonstration Projects

4701

48. Agency Personnel Demonstration Project 4801

SUBPART D - PAY AND ALLOWANCES

51. Classification 5101

53. Pay Rates and Systems 5301

(54. Repealed.)

55. Pay Administration 5501

57. Travel, Transportation, and Subsistence 5701

59. Allowances 5901

SUBPART E - ATTENDANCE AND LEAVE

61. Hours of Work 6101

63. Leave 6301

SUBPART F - LABOR-MANAGEMENT AND EMPLOYEE RELATIONS

71. Labor-Management Relations 7101

72. Antidiscrimination; Right to Petition Congress 7201

73. Suitability, Security, and Conduct 7301

75. Adverse Actions 7501

77. Appeals 7701

79. Services to Employees 7901

SUBPART G - INSURANCE AND ANNUITIES

81. Compensation for Work Injuries 8101

83. Retirement 8301

84. Federal Employees' Retirement System 8401

85. Unemployment Compensation 8501

87. Life Insurance 8701

89. Health Insurance 8901

90. Long-Term Care Insurance 9001

SUBPART H - ACCESS TO CRIMINAL HISTORY RECORD INFORMATION

91. Access to Criminal History Records for National Security and

Other Purposes 9101

SUBPART I - MISCELLANEOUS

95. Personnel flexibilities (FOOTNOTE 2) relating (FOOTNOTE 2) to

the Internal Revenue Service 9501

(FOOTNOTE 2) So in original. Probably should be capitalized.

97. Department of Homeland Security 9701

AMENDMENTS

2002 - Pub. L. 107-347, title II, Sec. 209(c)(3), Dec. 17, 2002,

116 Stat. 2930, added item for chapter 37.

Pub. L. 107-296, title VIII, Sec. 841(a)(3), Nov. 25, 2002, 116

Stat. 2233, added item for chapter 97.

Pub. L. 107-123, Sec. 8(d)(1)(A), Jan. 16, 2002, 115 Stat. 2399,

added item for chapter 48.

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1076(f)(1)(B)), Oct. 30, 2000, 114 Stat. 1654, 1654A-282,

substituted ''and Other Purposes'' for ''Purposes'' in item for

chapter 91.

Pub. L. 106-265, title I, Sec. 1002(b), Sept. 19, 2000, 114 Stat.

769, added item for chapter 90.

1998 - Pub. L. 105-206, title I, Sec. 1201(b), July 22, 1998, 112

Stat. 719, added items for subpart I and chapter 95.

1993 - Pub. L. 103-89, Sec. 3(a)(2), Sept. 30, 1993, 107 Stat.

981, struck out item for chapter 54 ''Performance Management and

Recognition System''.

1986 - Pub. L. 99-335, title I, Sec. 101(b), June 6, 1986, 100

Stat. 588, added item for chapter 84.

1985 - Pub. L. 99-169, title VIII, Sec. 801(b), Dec. 4, 1985, 99

Stat. 1010, added items for subpart H and chapter 91.

1984 - Pub. L. 98-615, title II, Sec. 201(b), Nov. 8, 1984, 98

Stat. 3214, substituted ''Performance Management and Recognition

System'' for ''Merit Pay and Cash Awards'' in item for chapter 54.

1978 - Pub. L. 95-454, title I, Sec. 101(b)(1), title II, Sec.

203(b), title V, Sec. 503(i), title VI, Sec. 601(b), title VII,

Sec. 703(b), title IX, Sec. 906(c)(5), Oct. 13, 1978, 92 Stat.

1118, 1134, 1184, 1188, 1217, 1227, added items for chapters 23,

34, 47, 54, and 72, substituted in item for chapter 43

''Appraisal'' for ''Rating'' and in item for chapter 71

''Labor-Management Relations'' for ''Policies'', and inserted in

heading of subpart F ''Labor-Management and'' before ''Employee''.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 28 section 996; title 42

section 3056b; title 44 section 2105; title 47 sections 154, 332.

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5 USC Subpart A - General Provisions 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

.

-HEAD-

Subpart A - General Provisions

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 9701 of this title.

-CITE-