US (United States) Code. Title 5. Chapter 73: Suitability, security and conduct

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

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publicidad

-CITE-

5 USC CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

.

-HEAD-

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

-MISC1-

SUBCHAPTER I - REGULATION OF CONDUCT

Sec.

7301. Presidential regulations.

SUBCHAPTER II - EMPLOYMENT LIMITATIONS

7311. Loyalty and striking.

7312. Employment and clearance; individuals removed for national

security.

7313. Riots and civil disorders.

SUBCHAPTER III - POLITICAL ACTIVITIES

7321. Political participation.

7322. Definitions.

7323. Political activity authorized; prohibitions.

7324. Political activities on duty; prohibition.

7325. Political activity permitted; employees residing in certain

municipalities.

7326. Penalties.

SUBCHAPTER IV - FOREIGN GIFTS AND DECORATIONS

(7341. Repealed.)

7342. Receipt and disposition of foreign gifts and decorations.

SUBCHAPTER V - MISCONDUCT

7351. Gifts to superiors.

7352. Excessive and habitual use of intoxicants.

7353. Gifts to Federal employees.

SUBCHAPTER VI - DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM

7361. Drug abuse.

7362. Alcohol abuse and alcoholism.

7363. Reports to Congress.

SUBCHAPTER VII - MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW

ENFORCEMENT OFFICERS

7371. Mandatory removal from employment of law enforcement officers

convicted of felonies.

AMENDMENTS

2000 - Pub. L. 106-554, Sec. 1(a)(3) (title VI, Sec. 639(b)),

Dec. 21, 2000, 114 Stat. 2763, 2763A-168, added subchapter VII

heading and item 7371.

1993 - Pub. L. 103-94, Sec. 2(b)(2), Oct. 6, 1993, 107 Stat.

1004, amended analysis for subchapter III generally, reenacting

subchapter III heading without change, substituting

''participation'' for ''contributions and services'' in item 7321,

''Definitions'' for ''Political use of authority or influence;

prohibition'' in item 7322, ''activity authorized; prohibitions''

for ''contributions; prohibition'' in item 7323, ''Political

activities on duty; prohibition'' for ''Influencing elections;

taking part in political campaigns; prohibitions; exceptions'' in

item 7324, ''Political activity permitted; employees residing in

certain municipalities'' for ''Penalties'' in item 7325, and

''Penalties'' for ''Nonpartisan political activity permitted'' in

item 7326, and striking out item 7327 ''Political activity

permitted; employees residing in certain municipalities'' and item

7328 ''General Accounting Office employees''.

1989 - Pub. L. 101-194, title III, Sec. 303(b), Nov. 30, 1989,

103 Stat. 1747, added item 7353.

1986 - Pub. L. 99-570, title VI, Sec. 6002(a)(2), Oct. 27, 1986,

100 Stat. 3207-158, added subchapter VI heading and items 7361 to

7363.

1980 - Pub. L. 96-191, Sec. 8(e)(2), Feb. 15, 1980, 94 Stat. 33,

added item 7328.

1968 - Pub. L. 90-351, title V, Sec. 1001(b), June 19, 1968, 82

Stat. 235, substituted ''EMPLOYMENT LIMITATIONS'' for ''LOYALTY,

SECURITY, AND STRIKING'' in subchapter II heading and added item

7313.

1967 - Pub. L. 90-83, Sec. 1(46), Sept. 11, 1967, 81 Stat. 209,

inserted ''GIFTS AND'' before ''DECORATIONS'' in subchapter IV

heading, struck out item 7341 ''Receipt and display of foreign

decorations'', and added item 7342.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3374, 3704, 9701 of this

title; title 39 section 410; title 42 sections 2991c, 3522; title

49 section 40122.

-CITE-

5 USC SUBCHAPTER I - REGULATION OF CONDUCT 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER I - REGULATION OF CONDUCT

.

-HEAD-

SUBCHAPTER I - REGULATION OF CONDUCT

-CITE-

5 USC Sec. 7301 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER I - REGULATION OF CONDUCT

-HEAD-

Sec. 7301. Presidential regulations

-STATUTE-

The President may prescribe regulations for the conduct of

employees in the executive branch.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 524.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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

5 U.S.C. 631 (last R.S. Sec. 1753 (last

16 words). 16 words).

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

The words ''employees in the executive branch'' are substituted

for ''persons who may receive appointments in the civil service''.

Standard changes are made to conform with the definitions

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

to the report.

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-94, Sec. 1, Oct. 6, 1993, 107 Stat. 1001, provided:

''That this Act (enacting sections 5520a and 7321 to 7326 of this

title and section 610 of Title 18, Crimes and Criminal Procedure,

amending sections 1216, 2302, 3302 and 3303 of this title, sections

602 and 603 of Title 18, section 410 of Title 39, Postal Service,

and sections 1973d and 9904 of Title 42, The Public Health and

Welfare, omitting former sections 7321 to 7328 of this title, and

enacting provisions set out as notes under section 7321 of this

title and section 410 of Title 39) may be cited as the 'Hatch Act

Reform Amendments of 1993'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-570, title VI, Sec. 6001, Oct. 27, 1986, 100 Stat.

3207-157, provided that: ''This title (enacting sections 7361 to

7363 and 7904 of this title, amending sections 290dd-1 and 290ee-1

of Title 42, The Public Health and Welfare, and enacting provisions

set out as notes under section 7361 of this title and section 801

of Title 21, Food and Drugs) may be cited as the 'Federal Employee

Substance Abuse Education and Treatment Act of 1986'.''

-TRANS-

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to the

Director of the Office of Personnel Management, see Parts 1, 2, and

22 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as

a note under section 5195 of Title 42, The Public Health and

Welfare.

-MISC5-

CONTINUATION OF RANDOM DRUG TESTING PROGRAM FOR CERTAIN DEPARTMENT

OF DEFENSE EMPLOYEES

Pub. L. 105-261, div. A, title XI, Sec. 1108, Oct. 17, 1998, 112

Stat. 2142, provided that:

''(a) Continuation of Existing Program. - The Secretary of

Defense shall continue to actively carry out the drug testing

program, originally required by section 3(a) of Executive Order No.

12564 (51 Fed. Reg. 32889; September 15, 1986) (set out below),

involving civilian employees of the Department of Defense who are

considered to be employees in sensitive positions. The Secretary

shall comply with the drug testing procedures prescribed pursuant

to section 4 of the Executive order.

''(b) Testing Upon Reasonable Suspicion of Illegal Drug Use. -

The Secretary of Defense shall ensure that the drug testing program

referred to in subsection (a) authorizes the testing of a civilian

employee of the Department of Defense for illegal drug use when

there is a reasonable suspicion that the employee uses illegal

drugs.

''(c) Notification to Applicants. - The Secretary of Defense

shall notify persons who apply for employment with the Department

of Defense that, as a condition of employment by the Department,

the person may be required to submit to drug testing under the drug

testing program required by Executive Order No. 12564 (51 Fed. Reg.

32889; September 15, 1986) pursuant to the terms of the Executive

order.

''(d) Definitions. - In this section, the terms 'illegal drugs'

and 'employee in a sensitive position' have the meanings given such

terms in section 7 of Executive Order No. 12564 (51 Fed. Reg.

32889; September 15, 1986).''

ANNUAL CERTIFICATION OF DRUG-FREE WORKPLACE PLAN ADMINISTRATORS

Pub. L. 106-58, title VI, Sec. 624, Sept. 29, 1999, 113 Stat.

471, provided that: ''Notwithstanding any provision of law, the

President, or his designee, must certify to Congress, annually,

that no person or persons with direct or indirect responsibility

for administering the Executive Office of the President's Drug-Free

Workplace Plan are themselves subject to a program of individual

random drug testing.''

Similar provisions were contained in the following prior

appropriations acts:

Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 634), Oct.

21, 1998, 112 Stat. 2681-480, 2681-524.

Pub. L. 105-61, title VI, Sec. 621, Oct. 10, 1997, 111 Stat.

1313.

Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VI, Sec.

623), Sept. 30, 1996, 110 Stat. 3009-314, 3009-358.

Pub. L. 104-52, title VI, Sec. 624, Nov. 19, 1995, 109 Stat. 502.

Pub. L. 103-329, title VI, Sec. 638, Sept. 30, 1994, 108 Stat.

2432.

DESIGNATION OF DIRECTOR OF THE BUREAU OF THE BUDGET AS MEMBER OF

FEDERAL LABOR RELATIONS COUNCIL

Presidential Order of December 8, 1969, provided that:

Pursuant to the provisions of section 4 of Executive Order 11491

(set out as a note under this section), I hereby designate the

Director of the Bureau of the Budget (now the Office of Management

and Budget) as a member of the Federal Labor Relations Council.

This order of designation shall be published in the Federal

Register. Richard Nixon.

DISPLAY IN FEDERAL BUILDINGS OF CODE OF ETHICS FOR GOVERNMENT

SERVICE

Pub. L. 96-303, July 3, 1980, 94 Stat. 855, which provided that

each agency, under regulations prescribed by Administrator of

General Services Administration, display in appropriate areas of

Federal buildings copies of the Code of Ethics for Government

Service, authorized publication and distribution of such Code, and

set forth text of the Code of Ethics for Government Service, was

repealed by Pub. L. 104-179, Sec. 4(a), Aug. 6, 1996, 110 Stat.

1566.

AGENCY ACCEPTANCE OF DONATIONS FOR FEDERAL EMPLOYEES

Pub. L. 102-368, title XI, Sec. 901, Sept. 23, 1992, 106 Stat.

1156, effective through Sept. 30, 1993, authorized Federal agencies

to accept gifts of property, money, or anything else of value from

non-Federal sources for extraordinary and unanticipated expenses

incurred by agency employees in their personal capacity within

areas designated as disaster areas pursuant to President's

declaration of a disaster resulting from Hurricane Andrew, Typhoon

Omar, and Hurricane Iniki, directed agencies to establish written

procedures to implement this program, and authorized agencies to

accept gifts designated for individual employees.

RESTRICTION ON AVAILABILITY OF FUNDS TO ADMINISTER OR IMPLEMENT

DRUG TESTING

Pub. L. 100-71, title V, Sec. 503, July 11, 1987, 101 Stat. 468,

as amended by Pub. L. 102-54, Sec. 13(b)(6), June 13, 1991, 105

Stat. 274, provided:

''(a)(1) Except as provided in subsection (b) or (c), none of the

funds appropriated or made available by this Act, or any other Act,

with respect to any fiscal year, shall be available to administer

or implement any drug testing pursuant to Executive Order Numbered

12564 (dated September 15, 1986) (set out as a note below), or any

subsequent order, unless and until -

''(A) the Secretary of Health and Human Services certifies in

writing to the Committees on Appropriations of the House of

Representatives and the Senate, and other appropriate committees

of the Congress, that -

''(i) each agency has developed a plan for achieving a

drug-free workplace in accordance with Executive Order Numbered

12564 and applicable provisions of law (including applicable

provisions of this section);

''(ii) the Department of Health and Human Services, in

addition to the scientific and technical guidelines dated

February 13, 1987, and any subsequent amendments thereto, has,

in accordance with paragraph (3), published mandatory

guidelines which -

''(I) establish comprehensive standards for all aspects of

laboratory drug testing and laboratory procedures to be

applied in carrying out Executive Order Numbered 12564,

including standards which require the use of the best

available technology for ensuring the full reliability and

accuracy of drug tests and strict procedures governing the

chain of custody of specimens collected for drug testing;

''(II) specify the drugs for which Federal employees may be

tested; and

''(III) establish appropriate standards and procedures for

periodic review of laboratories and criteria for

certification and revocation of certification of laboratories

to perform drug testing in carrying out Executive Order

Numbered 12564; and

''(iii) all agency drug-testing programs and plans

established pursuant to Executive Order Numbered 12564 comply

with applicable provisions of law, including applicable

provisions of the Rehabilitation Act of 1973 (29 U.S.C. 701 et

seq.), title 5 of the United States Code, and the mandatory

guidelines under clause (ii);

''(B) the Secretary of Health and Human Services has submitted

to the Congress, in writing, a detailed, agency-by-agency

analysis relating to -

''(i) the criteria and procedures to be applied in

designating employees or positions for drug testing, including

the justification for such criteria and procedures;

''(ii) the position titles designated for random drug

testing; and

''(iii) the nature, frequency, and type of drug testing

proposed to be instituted; and

''(C) the Director of the Office of Management and Budget has

submitted in writing to the Committees on Appropriations of the

House of Representatives and the Senate a detailed,

agency-by-agency analysis (as of the time of certification under

subparagraph (A)) of the anticipated annual costs associated with

carrying out Executive Order Numbered 12564 and all other

requirements under this section during the 5-year period

beginning on the date of the enactment of this Act (July 11,

1987).

''(2) Notwithstanding subsection (g), for purposes of this

subsection, the term ''agency'' means -

''(A) the Executive Office of the President;

''(B) an Executive department under section 101 of title 5,

United States Code;

''(C) the Environmental Protection Agency;

''(D) the General Services Administration;

''(E) the National Aeronautics and Space Administration;

''(F) the Office of Personnel Management;

''(G) the Small Business Administration;

''(H) the United States Information Agency; and

''(I) the Department of Veterans Affairs;

except that such term does not include the Department of

Transportation or any other entity (or component thereof) covered

by subsection (b).

''(3) Notwithstanding any provision of chapter 5 of title 5,

United States Code, the mandatory guidelines to be published

pursuant to subsection (a)(1)(A)(ii) shall be published and made

effective exclusively according to the provisions of this

paragraph. Notice of the mandatory guidelines proposed by the

Secretary of Health and Human Services shall be published in the

Federal Register, and interested persons shall be given not less

than 60 days to submit written comments on the proposed mandatory

guidelines. Following review and consideration of written

comments, final mandatory guidelines shall be published in the

Federal Register and shall become effective upon publication.

''(b)(1) Nothing in subsection (a) shall limit or otherwise

affect the availability of funds for drug testing by -

''(A) the Department of Transportation;

''(B) Department of Energy, for employees specifically involved

in the handling of nuclear weapons or nuclear materials;

''(C) any agency with an agency-wide drug-testing program in

existence as of September 15, 1986; or

''(D) any component of an agency if such component had a

drug-testing program in existence as of September 15, 1986.

''(2) The Departments of Transportation and Energy and any agency

or component thereof with a drug-testing program in existence as of

September 15, 1986 -

''(A) shall be brought into full compliance with Executive

Order Numbered 12564 (set out as a note below) no later than the

end of the 6-month period beginning on the date of the enactment

of this Act (July 11, 1987); and

''(B) shall take such actions as may be necessary to ensure

that their respective drug-testing programs or plans are brought

into full compliance with the mandatory guidelines published

under subsection (a)(1)(A)(ii) no later than 90 days after such

mandatory guidelines take effect, except that any judicial

challenge that affects such guidelines should not affect

drug-testing programs or plans subject to this paragraph.

''(c) In the case of an agency (or component thereof) other than

an agency as defined by subsection (a)(2) or an agency (or

component thereof) covered by subsection (b), none of the funds

appropriated or made available by this Act, or any other Act, with

respect to any fiscal year, shall be available to administer or

implement any drug testing pursuant to Executive Order Numbered

12564 (set out as a note below), or any subsequent order, unless

and until -

''(1) the Secretary of Health and Human Services provides

written certification with respect to that agency (or component)

in accordance with clauses (i) and (iii) of subsection (a)(1)(A);

''(2) the Secretary of Health and Human Services has submitted

a written, detailed analysis with respect to that agency (or

component) in accordance with subsection (a)(1)(B); and

''(3) the Director of the Office of Management and Budget has

submitted a written, detailed analysis with respect to that

agency (or component) in accordance with subsection (a)(1)(C).

''(d) Any Federal employee who is the subject of a drug test

under any program or plan shall, upon written request, have access

to -

''(1) any records relating to such employee's drug test; and

''(2) any records relating to the results of any relevant

certification, review, or revocation-of-certification

proceedings, as referred to in subsection (a)(1)(A)(ii)(III).

''(e) The results of a drug test of a Federal employee may not be

disclosed without the prior written consent of such employee,

unless the disclosure would be -

''(1) to the employee's medical review official (as defined in

the scientific and technical guidelines referred to in subsection

(a)(1)(A)(ii));

''(2) to the administrator of any Employee Assistance Program

in which the employee is receiving counseling or treatment or is

otherwise participating;

''(3) to any supervisory or management official within the

employee's agency having authority to take the adverse personnel

action against such employee; or

''(4) pursuant to the order of a court of competent

jurisdiction where required by the United States Government to

defend against any challenge against any adverse personnel

action.

''(f) (Terminated, effective May 15, 2000, see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and page 151 of House Document No.

103-7.)

''(g) For purposes of this section, the terms 'agency' and

'Employee Assistance Program' each has the meaning given such term

under section 7(b) of Executive Order Numbered 12564 (set out as a

note below), as in effect on September 15, 1986.''

(For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign

Relations and Intercourse.)

LIMITATION ON GRATUITIES AT NAVAL SHIPBUILDING CEREMONIES

Pub. L. 99-145, title XIV, Sec. 1461, Nov. 8, 1985, 99 Stat. 765,

provided that:

''(a) General Rule. - A Federal officer, employee, or Member of

Congress may not accept, directly or indirectly, any tangible thing

of value as a gift or memento in connection with a ceremony to mark

the completion of a naval shipbuilding milestone.

''(b) Exclusion. - Subsection (a) does not apply to a gift or

memento that has a value of less than $100.

''(c) Definitions. - For purposes of this section, the terms

'officer', 'employee', and 'Member of Congress' have the meanings

given those terms in sections 2104, 2105, and 2106, respectively,

of title 5, United States Code.''

-EXEC-

EXECUTIVE ORDER NO. 9845

Ex. Ord. No. 9845, Apr. 28, 1947, 12 F.R. 2799, which permitted

Bureau of Reclamation employees to accept appointments as

constables or deputy sheriffs under state or territorial laws, was

revoked by Ex. Ord. No. 11408, Apr. 25, 1968, 33 F.R. 6459.

EX. ORD. NO. 12564. DRUG-FREE FEDERAL WORKPLACE

Ex. Ord. No. 12564, Sept. 15, 1986, 51 F.R. 32889, provided:

I, RONALD REAGAN, President of the United States of America, find

that:

Drug use is having serious adverse effects upon a significant

proportion of the national work force and results in billions of

dollars of lost productivity each year;

The Federal government, as an employer, is concerned with the

well-being of its employees, the successful accomplishment of

agency missions, and the need to maintain employee productivity;

The Federal government, as the largest employer in the Nation,

can and should show the way towards achieving drug-free workplaces

through a program designed to offer drug users a helping hand and,

at the same time, demonstrating to drug users and potential drug

users that drugs will not be tolerated in the Federal workplace;

The profits from illegal drugs provide the single greatest source

of income for organized crime, fuel violent street crime, and

otherwise contribute to the breakdown of our society;

The use of illegal drugs, on or off duty, by Federal employees is

inconsistent not only with the law-abiding behavior expected of all

citizens, but also with the special trust placed in such employees

as servants of the public;

Federal employees who use illegal drugs, on or off duty, tend to

be less productive, less reliable, and prone to greater absenteeism

than their fellow employees who do not use illegal drugs;

The use of illegal drugs, on or off duty, by Federal employees

impairs the efficiency of Federal departments and agencies,

undermines public confidence in them, and makes it more difficult

for other employees who do not use illegal drugs to perform their

jobs effectively. The use of illegal drugs, on or off duty, by

Federal employees also can pose a serious health and safety threat

to members of the public and to other Federal employees;

The use of illegal drugs, on or off duty, by Federal employees in

certain positions evidences less than the complete reliability,

stability, and good judgment that is consistent with access to

sensitive information and creates the possibility of coercion,

influence, and irresponsible action under pressure that may pose a

serious risk to national security, the public safety, and the

effective enforcement of the law; and

Federal employees who use illegal drugs must themselves be

primarily responsible for changing their behavior and, if

necessary, begin the process of rehabilitating themselves.

By the authority vested in me as President by the Constitution

and laws of the United States of America, including section 3301(2)

of Title 5 of the United States Code, section 7301 of Title 5 of

the United States Code, section 290ee-1 of Title 42 of the United

States Code, deeming such action in the best interests of national

security, public health and safety, law enforcement and the

efficiency of the Federal service, and in order to establish

standards and procedures to ensure fairness in achieving a

drug-free Federal workplace and to protect the privacy of Federal

employees, it is hereby ordered as follows:

Section 1. Drug-Free Workplace. (a) Federal employees are

required to refrain from the use of illegal drugs.

(b) The use of illegal drugs by Federal employees, whether on

duty or off duty, is contrary to the efficiency of the service.

(c) Persons who use illegal drugs are not suitable for Federal

employment.

Sec. 2. Agency Responsibilities. (a) The head of each Executive

agency shall develop a plan for achieving the objective of a

drug-free workplace with due consideration of the rights of the

government, the employee, and the general public.

(b) Each agency plan shall include:

(1) A statement of policy setting forth the agency's expectations

regarding drug use and the action to be anticipated in response to

identified drug use;

(2) Employee Assistance Programs emphasizing high level

direction, education, counseling, referral to rehabilitation, and

coordination with available community resources;

(3) Supervisory training to assist in identifying and addressing

illegal drug use by agency employees;

(4) Provision for self-referrals as well as supervisory referrals

to treatment with maximum respect for individual confidentiality

consistent with safety and security issues; and

(5) Provision for identifying illegal drug users, including

testing on a controlled and carefully monitored basis in accordance

with this Order.

Sec. 3. Drug Testing Programs. (a) The head of each Executive

agency shall establish a program to test for the use of illegal

drugs by employees in sensitive positions. The extent to which

such employees are tested and the criteria for such testing shall

be determined by the head of each agency, based upon the nature of

the agency's mission and its employees' duties, the efficient use

of agency resources, and the danger to the public health and safety

or national security that could result from the failure of an

employee adequately to discharge his or her position.

(b) The head of each Executive agency shall establish a program

for voluntary employee drug testing.

(c) In addition to the testing authorized in subsections (a) and

(b) of this section, the head of each Executive agency is

authorized to test an employee for illegal drug use under the

following circumstances:

(1) When there is a reasonable suspicion that any employee uses

illegal drugs;

(2) In an examination authorized by the agency regarding an

accident or unsafe practice; or

(3) As part of or as a follow-up to counseling or rehabilitation

for illegal drug use through an Employee Assistance Program.

(d) The head of each Executive agency is authorized to test any

applicant for illegal drug use.

Sec. 4. Drug Testing Procedures. (a) Sixty days prior to the

implementation of a drug testing program pursuant to this Order,

agencies shall notify employees that testing for use of illegal

drugs is to be conducted and that they may seek counseling and

rehabilitation and inform them of the procedures for obtaining such

assistance through the agency's Employee Assistance Program. Agency

drug testing programs already ongoing are exempted from the 60-day

notice requirement. Agencies may take action under section 3(c) of

this Order without reference to the 60-day notice period.

(b) Before conducting a drug test, the agency shall inform the

employee to be tested of the opportunity to submit medical

documentation that may support a legitimate use for a specific

drug.

(c) Drug testing programs shall contain procedures for timely

submission of requests for retention of records and specimens;

procedures for retesting; and procedures, consistent with

applicable law, to protect the confidentiality of test results and

related medical and rehabilitation records. Procedures for

providing urine specimens must allow individual privacy, unless the

agency has reason to believe that a particular individual may alter

or substitute the specimen to be provided.

(d) The Secretary of Health and Human Services is authorized to

promulgate scientific and technical guidelines for drug testing

programs, and agencies shall conduct their drug testing programs in

accordance with these guidelines once promulgated.

Sec. 5. Personnel Actions. (a) Agencies shall, in addition to any

appropriate personnel actions, refer any employee who is found to

use illegal drugs to an Employee Assistance Program for assessment,

counseling, and referral for treatment or rehabilitation as

appropriate.

(b) Agencies shall initiate action to discipline any employee who

is found to use illegal drugs, provided that such action is not

required for an employee who:

(1) Voluntarily identifies himself as a user of illegal drugs or

who volunteers for drug testing pursuant to section 3(b) of this

Order, prior to being identified through other means;

(2) Obtains counseling or rehabilitation through an Employee

Assistance Program; and

(3) Thereafter refrains from using illegal drugs.

(c) Agencies shall not allow any employee to remain on duty in a

sensitive position who is found to use illegal drugs, prior to

successful completion of rehabilitation through an Employee

Assistance Program. However, as part of a rehabilitation or

counseling program, the head of an Executive agency may, in his or

her discretion, allow an employee to return to duty in a sensitive

position if it is determined that this action would not pose a

danger to public health or safety or the national security.

(d) Agencies shall initiate action to remove from the service any

employee who is found to use illegal drugs and:

(1) Refuses to obtain counseling or rehabilitation through an

Employee Assistance Program; or

(2) Does not thereafter refrain from using illegal drugs.

(e) The results of a drug test and information developed by the

agency in the course of the drug testing of the employee may be

considered in processing any adverse action against the employee or

for other administrative purposes. Preliminary test results may

not be used in an administrative proceeding unless they are

confirmed by a second analysis of the same sample or unless the

employee confirms the accuracy of the initial test by admitting the

use of illegal drugs.

(f) The determination of an agency that an employee uses illegal

drugs can be made on the basis of any appropriate evidence,

including direct observation, a criminal conviction, administrative

inquiry, or the results of an authorized testing program. Positive

drug test results may be rebutted by other evidence that an

employee has not used illegal drugs.

(g) Any action to discipline an employee who is using illegal

drugs (including removal from the service, if appropriate) shall be

taken in compliance with otherwise applicable procedures, including

the Civil Service Reform Act (Pub. L. 95-454, see Tables for

classification).

(h) Drug testing shall not be conducted pursuant to this Order

for the purpose of gathering evidence for use in criminal

proceedings. Agencies are not required to report to the Attorney

General for investigation or prosecution any information,

allegation, or evidence relating to violations of Title 21 of the

United States Code received as a result of the operation of drug

testing programs established pursuant to this Order.

Sec. 6. Coordination of Agency Programs. (a) The Director of the

Office of Personnel Management shall:

(1) Issue government-wide guidance to agencies on the

implementation of the terms of this Order;

(2) Ensure that appropriate coverage for drug abuse is maintained

for employees and their families under the Federal Employees Health

Benefits Program;

(3) Develop a model Employee Assistance Program for Federal

agencies and assist the agencies in putting programs in place;

(4) In consultation with the Secretary of Health and Human

Services, develop and improve training programs for Federal

supervisors and managers on illegal drug use; and

(5) In cooperation with the Secretary of Health and Human

Services and heads of Executive agencies, mount an intensive drug

awareness campaign throughout the Federal work force.

(b) The Attorney General shall render legal advice regarding the

implementation of this Order and shall be consulted with regard to

all guidelines, regulations, and policies proposed to be adopted

pursuant to this Order.

(c) Nothing in this Order shall be deemed to limit the

authorities of the Director of Central Intelligence under the

National Security Act of 1947, as amended (50 U.S.C. 401 et seq.),

or the statutory authorities of the National Security Agency or the

Defense Intelligence Agency. Implementation of this Order within

the Intelligence Community, as defined in Executive Order No. 12333

(50 U.S.C. 401 note), shall be subject to the approval of the head

of the affected agency.

Sec. 7. Definitions. (a) This Order applies to all agencies of

the Executive Branch.

(b) For purposes of this Order, the term ''agency'' means an

Executive agency, as defined in 5 U.S.C. 105; the Uniformed

Services, as defined in 5 U.S.C. 2101(3) (but excluding the armed

forces as defined by 5 U.S.C. 2101(2)); or any other employing unit

or authority of the Federal government, except the United States

Postal Service, the Postal Rate Commission, and employing units or

authorities in the Judicial and Legislative Branches.

(c) For purposes of this Order, the term ''illegal drugs'' means

a controlled substance included in Schedule I or II, as defined by

section 802(6) of Title 21 of the United States Code, the

possession of which is unlawful under chapter 13 of that Title. The

term ''illegal drugs'' does not mean the use of a controlled

substance pursuant to a valid prescription or other uses authorized

by law.

(d) For purposes of this Order, the term ''employee in a

sensitive position'' refers to:

(1) An employee in a position that an agency head designates

Special Sensitive, Critical-Sensitive, or Noncritical-Sensitive

under Chapter 731 of the Federal Personnel Manual or an employee in

a position that an agency head designates as sensitive in

accordance with Executive Order No. 10450, as amended (5 U.S.C.

7311 note);

(2) An employee who has been granted access to classified

information or may be granted access to classified information

pursuant to a determination of trustworthiness by an agency head

under Section 4 of Executive Order No. 12356 (50 U.S.C. 435 note);

(3) Individuals serving under Presidential appointments;

(4) Law enforcement officers as defined in 5 U.S.C. 8331(20); and

(5) Other positions that the agency head determines involve law

enforcement, national security, the protection of life and

property, public health or safety, or other functions requiring a

high degree of trust and confidence.

(e) For purposes of this Order, the term ''employee'' means all

persons appointed in the Civil Service as described in 5 U.S.C.

2105 (but excluding persons appointed in the armed services as

defined in 5 U.S.C. 2102(2)).

(f) For purposes of this Order, the term ''Employee Assistance

Program'' means agency-based counseling programs that offer

assessment, short-term counseling, and referral services to

employees for a wide range of drug, alcohol, and mental health

programs that affect employee job performance. Employee Assistance

Programs are responsible for referring drug-using employees for

rehabilitation and for monitoring employees' progress while in

treatment.

Sec. 8. Effective Date. This Order is effective immediately.

Ronald Reagan.

EX. ORD. NO. 12674. PRINCIPLES OF ETHICAL CONDUCT FOR GOVERNMENT

OFFICERS AND EMPLOYEES

Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended by

Ex. Ord. No. 12731, Oct. 17, 1990, 55 F.R. 42547, provided:

By virtue of the authority vested in me as President by the

Constitution and the laws of the United States of America, and in

order to establish fair and exacting standards of ethical conduct

for all executive branch employees, it is hereby ordered as

follows:

PART I - PRINCIPLES OF ETHICAL CONDUCT

Section 101. Principles of Ethical Conduct. To ensure that every

citizen can have complete confidence in the integrity of the

Federal Government, each Federal employee shall respect and adhere

to the fundamental principles of ethical service as implemented in

regulations promulgated under sections 201 and 301 of this order:

(a) Public service is a public trust, requiring employees to

place loyalty to the Constitution, the laws, and ethical principles

above private gain.

(b) Employees shall not hold financial interests that conflict

with the conscientious performance of duty.

(c) Employees shall not engage in financial transactions using

nonpublic Government information or allow the improper use of such

information to further any private interest.

(d) An employee shall not, except pursuant to such reasonable

exceptions as are provided by regulation, solicit or accept any

gift or other item of monetary value from any person or entity

seeking official action from, doing business with, or conducting

activities regulated by the employee's agency, or whose interests

may be substantially affected by the performance or nonperformance

of the employee's duties.

(e) Employees shall put forth honest effort in the performance of

their duties.

(f) Employees shall make no unauthorized commitments or promises

of any kind purporting to bind the Government.

(g) Employees shall not use public office for private gain.

(h) Employees shall act impartially and not give preferential

treatment to any private organization or individual.

(i) Employees shall protect and conserve Federal property and

shall not use it for other than authorized activities.

(j) Employees shall not engage in outside employment or

activities, including seeking or negotiating for employment, that

conflict with official Government duties and responsibilities.

(k) Employees shall disclose waste, fraud, abuse, and corruption

to appropriate authorities.

(l) Employees shall satisfy in good faith their obligations as

citizens, including all just financial obligations, especially

those - such as Federal, State, or local taxes - that are imposed

by law.

(m) Employees shall adhere to all laws and regulations that

provide equal opportunity for all Americans regardless of race,

color, religion, sex, national origin, age, or handicap.

(n) Employees shall endeavor to avoid any actions creating the

appearance that they are violating the law or the ethical standards

promulgated pursuant to this order.

Sec. 102. Limitations on Outside Earned Income.

(a) No employee who is appointed by the President to a full-time

noncareer position in the executive branch (including full-time

noncareer employees in the White House Office, the Office of Policy

Development, and the Office of Cabinet Affairs), shall receive any

earned income for any outside employment or activity performed

during that Presidential appointment.

(b) The prohibition set forth in subsection (a) shall not apply

to any full-time noncareer employees employed pursuant to 3 U.S.C.

105 and 3 U.S.C. 107(a) at salaries below the minimum rate of basic

pay then paid for GS-9 of the General Schedule. Any outside

employment must comply with relevant agency standards of conduct,

including any requirements for approval of outside employment.

PART II - OFFICE OF GOVERNMENT ETHICS AUTHORITY

Sec. 201. The Office of Government Ethics. The Office of

Government Ethics shall be responsible for administering this order

by:

(a) Promulgating, in consultation with the Attorney General and

the Office of Personnel Management, regulations that establish a

single, comprehensive, and clear set of executive-branch standards

of conduct that shall be objective, reasonable, and enforceable.

(b) Developing, disseminating, and periodically updating an

ethics manual for employees of the executive branch describing the

applicable statutes, rules, decisions, and policies.

(c) Promulgating, with the concurrence of the Attorney General,

regulations interpreting the provisions of the post-employment

statute, section 207 of title 18, United States Code; the general

conflict-of-interest statute, section 208 of title 18, United

States Code; and the statute prohibiting supplementation of

salaries, section 209 of title 18, United States Code.

(d) Promulgating, in consultation with the Attorney General and

the Office of Personnel Management, regulations establishing a

system of nonpublic (confidential) financial disclosure by

executive branch employees to complement the system of public

disclosure under the Ethics in Government Act of 1978 (Pub. L.

95-521, see Tables for classification). Such regulations shall

include criteria to guide agencies in determining which employees

shall submit these reports.

(e) Ensuring that any implementing regulations issued by agencies

under this order are consistent with and promulgated in accordance

with this order.

Sec. 202. Executive Office of the President. In that the agencies

within the Executive Office of the President (EOP) currently

exercise functions that are not distinct and separate from each

other within the meaning and for the purposes of section 207(e) of

title 18, United States Code, those agencies shall be treated as

one agency under section 207(c) of title 18, United States Code.

PART III - AGENCY RESPONSIBILITIES

Sec. 301. Agency Responsibilities. Each agency head is directed

to:

(a) Supplement, as necessary and appropriate, the comprehensive

executive branch-wide regulations of the Office of Government

Ethics, with regulations of special applicability to the particular

functions and activities of that agency. Any supplementary agency

regulations shall be prepared as addenda to the branch-wide

regulations and promulgated jointly with the Office of Government

Ethics, at the agency's expense, for inclusion in Title 5 of the

Code of Federal Regulations.

(b) Ensure the review by all employees of this order and

regulations promulgated pursuant to the order.

(c) Coordinate with the Office of Government Ethics in developing

annual agency ethics training plans. Such training shall include

mandatory annual briefings on ethics and standards of conduct for

all employees appointed by the President, all employees in the

Executive Office of the President, all officials required to file

public or nonpublic financial disclosure reports, all employees who

are contracting officers and procurement officials, and any other

employees designated by the agency head.

(d) Where practicable, consult formally or informally with the

Office of Government Ethics prior to granting any exemption under

section 208 of title 18, United States Code, and provide the

Director of the Office of Government Ethics a copy of any exemption

granted.

(e) Ensure that the rank, responsibilities, authority, staffing,

and resources of the Designated Agency Ethics Official are

sufficient to ensure the effectiveness of the agency ethics

program. Support should include the provision of a separate budget

line item for ethics activities, where practicable.

PART IV - DELEGATIONS OF AUTHORITY

Sec. 401. Delegations to Agency Heads. Except in the case of the

head of an agency, the authority of the President under sections

203(d), 205(e), and 208(b) of title 18, United States Code, to

grant exemptions or approvals to individuals, is delegated to the

head of the agency in which an individual requiring an exemption or

approval is employed or to which the individual (or the committee,

commission, board, or similar group employing the individual) is

attached for purposes of administration.

Sec. 402. Delegations to the Counsel to the President.

(a) Except as provided in section 401, the authority of the

President under sections 203(d), 205(e), and 208(b) of title 18,

United States Code, to grant exemptions or approvals for

Presidential appointees to committees, commissions, boards, or

similar groups established by the President is delegated to the

Counsel to the President.

(b) The authority of the President under sections 203(d), 205(e),

and 208(b) of title 18, United States Code, to grant exemptions or

approvals for individuals appointed pursuant to 3 U.S.C. 105 and 3

U.S.C. 107(a), is delegated to the Counsel to the President.

Sec. 403. Delegation Regarding Civil Service. The Office of

Personnel Management and the Office of Government Ethics, as

appropriate, are delegated the authority vested in the President by

5 U.S.C. 7301 to establish general regulations for the

implementation of this Executive order.

PART V - GENERAL PROVISIONS

Sec. 501. Revocations. The following Executive orders are hereby

revoked:

(a) Executive Order No. 11222 of May 8, 1965.

(b) Executive Order No. 12565 of September 25, 1986.

Sec. 502. Savings Provision.

(a) All actions already taken by the President or by his

delegates concerning matters affected by this order and in force

when this order is issued, including any regulations issued under

Executive Order 11222, Executive Order 12565, or statutory

authority, shall, except as they are irreconcilable with the

provisions of this order or terminate by operation of law or by

Presidential action, remain in effect until properly amended,

modified, or revoked pursuant to the authority conferred by this

order or any regulations promulgated under this order.

Notwithstanding anything in section 102 of this order, employees

may carry out preexisting contractual obligations entered into

before April 12, 1989.

(b) Financial reports filed in confidence (pursuant to the

authority of Executive Order No. 11222, 5 C.F.R. Part 735, and

individual agency regulations) shall continue to be held in

confidence.

Sec. 503. Definitions. For purposes of this order, the term:

(a) ''Contracting officers and procurement officials'' means all

such officers and officials as defined in the Office of Federal

Procurement Policy Act Amendments of 1988 (see 41 U.S.C. 423).

(b) ''Employee'' means any officer or employee of an agency,

including a special Government employee.

(c) ''Agency'' means any executive agency as defined in 5 U.S.C.

105, including any executive department as defined in 5 U.S.C. 101,

Government corporation as defined in 5 U.S.C. 103, or an

independent establishment in the executive branch as defined in 5

U.S.C. 104 (other than the General Accounting Office), and the

United States Postal Service and Postal Rate Commission.

(d) ''Head of an agency'' means, in the case of an agency headed

by more than one person, the chair or comparable member of such

agency.

(e) ''Special Government employee'' means a special Government

employee as defined in 18 U.S.C. 202(a).

Sec. 504. Judicial Review. This order is intended only to improve

the internal management of the executive branch and is not intended

to create any right or benefit, substantive or procedural,

enforceable at law by a party against the United States, its

agencies, its officers, or any person.

EX. ORD. NO. 12820. FACILITATING FEDERAL EMPLOYEES' PARTICIPATION

IN COMMUNITY SERVICE ACTIVITIES

Ex. Ord. No. 12820, Nov. 5, 1992, 57 F.R. 53429, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including Public Law

101-610, as amended (42 U.S.C. 12501 et seq.), and in order to

ensure that the Federal Government encourages its employees'

participation in community service, it is hereby ordered as

follows:

Section 1. Charge to the Cabinet and Members of the Executive

Branch Departments and Agencies.

(a) The head of each Executive department and agency shall

encourage agency employees to participate voluntarily in direct and

consequential community service. Community service participation

may include, among other things, participation in programs,

activities and initiatives designed to address problems such as

drug abuse, crime, homelessness, illiteracy, AIDS, teenage

pregnancy, and hunger, and problems associated with low-income

housing, education, health care and the environment. The White

House Office of National Service and the Commission on National and

Community Service shall serve as a resource to provide information

and support.

(b) The head of each Executive department and agency shall

designate a senior official of his or her department or agency to

provide leadership in and support for the Federal commitment to

community service through employee awareness and participation

within his or her department and agency. The senior official shall

report to his or her department or agency head to ensure that

community service activities receive a high level of visibility and

promotion.

(c) The head of each Executive department and agency shall

designate an existing office in his or her department or agency to

perform the functions listed below. The office shall serve as the

Office of Community Service and will be responsible for:

(1) Providing information to employees of the department or

agency concerning community service opportunities;

(2) Working with the White House Office of National Service and

the Office of Personnel Management to consider any appropriate

changes in department or agency policies or practices that would

encourage employee participation in community service activities;

and

(3) Acting as a liaison with the White House Office of National

Service and the Commission on National and Community Service.

Sec. 2. Administrative Provisions.

The White House Office of National Service and the Commission on

National and Community Service shall provide such information with

respect to community service programs and activities and such

advice and assistance as may be required by the departments and

agencies for the purpose of carrying out their functions under this

order.

Sec. 3. Reporting Provisions.

The head of each Executive department or agency, or his or her

designee, shall submit an annual report on the actions the

department or agency has taken to encourage its employees to

participate in community service to the White House Office of

National Service not later than December 30 each year.

George Bush.

EXECUTIVE ORDER NO. 12834

Ex. Ord. No. 12834, Jan. 20, 1993, 58 F.R. 5911, which provided

for ethics commitments by executive branch appointees, was revoked

by Ex. Ord. No. 13184, Dec. 28, 2000, 66 F.R. 697, eff. noon Jan.

20, 2001.

EX. ORD. NO. 13058. PROTECTING FEDERAL EMPLOYEES AND THE PUBLIC

FROM EXPOSURE TO TOBACCO SMOKE IN THE FEDERAL WORKPLACE

Ex. Ord. No. 13058, Aug. 9, 1997, 62 F.R. 43451, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America and in order to

protect Federal Government employees and members of the public from

exposure to tobacco smoke in the Federal workplace, it is hereby

ordered as follows:

Section 1. Policy. It is the policy of the executive branch to

establish a smoke-free environment for Federal employees and

members of the public visiting or using Federal facilities. The

smoking of tobacco products is thus prohibited in all interior

space owned, rented, or leased by the executive branch of the

Federal Government, and in any outdoor areas under executive branch

control in front of air intake ducts.

Sec. 2. Exceptions. The general policy established by this order

is subject to the following exceptions: (a) The order does not

apply in designated smoking areas that are enclosed and exhausted

directly to the outside and away from air intake ducts, and are

maintained under negative pressure (with respect to surrounding

spaces) sufficient to contain tobacco smoke within the designated

area. Agency officials shall not require workers to enter such

areas during business hours while smoking is ongoing.

(b) The order does not extend to any residential accommodation

for persons voluntarily or involuntarily residing, on a temporary

or long-term basis, in a building owned, leased, or rented by the

Federal Government.

(c) The order does not extend to those portions of federally

owned buildings leased, rented, or otherwise provided in their

entirety to nonfederal parties.

(d) The order does not extend to places of employment in the

private sector or in other nonfederal governmental units that serve

as the permanent or intermittent duty station of one or more

Federal employees.

(e) The head of any agency may establish limited and narrow

exceptions that are necessary to accomplish agency missions. Such

exception shall be in writing, approved by the agency head, and to

the fullest extent possible provide protection of nonsmokers from

exposure to environmental tobacco smoke. Authority to establish

such exceptions may not be delegated.

Sec. 3. Other Locations. The heads of agencies shall evaluate the

need to restrict smoking at doorways and in courtyards under

executive branch control in order to protect workers and visitors

from environmental tobacco smoke, and may restrict smoking in these

areas in light of this evaluation.

Sec. 4. Smoking Cessation Programs. The heads of agencies are

encouraged to use existing authority to establish programs designed

to help employees stop smoking.

Sec. 5. Responsibility for Implementation. The heads of agencies

are responsible for implementing and ensuring compliance with the

provisions of this order. ''Agency'' as used in this order means an

Executive agency, as defined in 5 U.S.C. 105, and includes any

employing unit or authority of the Federal Government, other than

those of the legislative and judicial branches. Independent

agencies are encouraged to comply with the provisions of this

order.

Sec. 6. Phase-In of Implementation. Implementation of the policy

set forth in this order shall be achieved no later than 1 year

after the date of this order. This 1 year phase-in period is

designed to establish a fixed but reasonable time for implementing

this policy. Agency heads are directed during this period to

inform all employees and visitors to executive branch facilities

about the requirements of this order, inform their employees of the

health risks of exposure to environmental tobacco smoke, and

undertake related activities as necessary.

Sec. 7. Consistency with Other Laws. The provisions of this order

shall be implemented consistent with applicable law, including the

Federal Service Labor-Management Relations Act (5 U.S.C. 7101 et

seq.) and the National Labor Relations Act (29 U.S.C. 151 et

seq.)(.) Provisions of existing collective bargaining agreements

shall be honored and agencies shall consult with employee labor

representatives about the implementation of this order. Nothing

herein shall be construed to impair or alter the powers and duties

of Federal agencies established under law. Nothing herein shall be

construed to replace any agency policy currently in effect, if such

policy is legally established, in writing, and consistent with the

terms of this order. Agencies shall review their current policy to

confirm that agency policy comports with this order, and policy

found not in compliance shall be revised to comply with the terms

of this order.

Sec. 8. Cause of Action. This order does not create any right to

administrative or judicial review, or any other right or benefit,

substantive or procedural, enforceable by a party against the

United States, its agencies or instrumentalities, its officers or

employees, or any other person or affect in any way the liability

of the executive branch under the Federal Tort Claims Act (28

U.S.C. 2671 et seq.).

Sec. 9. Construction. Nothing in this order shall limit an agency

head from establishing more protective policies on smoking in the

Federal workplace for employees and members of the public visiting

or using Federal facilities. William J. Clinton.

-CITE-

5 USC SUBCHAPTER II - EMPLOYMENT LIMITATIONS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER II - EMPLOYMENT LIMITATIONS

.

-HEAD-

SUBCHAPTER II - EMPLOYMENT LIMITATIONS

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-351, title V, Sec. 1001(c), June 19, 1968, 82

Stat. 235, substituted ''EMPLOYMENT LIMITATIONS'' for ''LOYALTY,

SECURITY, AND STRIKING'' in subchapter heading.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 22 section 3664.

-CITE-

5 USC Sec. 7311 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER II - EMPLOYMENT LIMITATIONS

-HEAD-

Sec. 7311. Loyalty and striking

-STATUTE-

An individual may not accept or hold a position in the Government

of the United States or the government of the District of Columbia

if he -

(1) advocates the overthrow of our constitutional form of

government;

(2) is a member of an organization that he knows advocates the

overthrow of our constitutional form of government;

(3) participates in a strike, or asserts the right to strike,

against the Government of the United States or the government of

the District of Columbia; or

(4) is a member of an organization of employees of the

Government of the United States or of individuals employed by the

government of the District of Columbia that he knows asserts the

right to strike against the Government of the United States or

the government of the District of Columbia.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 524.)

-MISC1-

Historical and Revision Notes

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

5 U.S.C. 118p. Aug. 9, 1955, ch.

690, Sec. 1, 69

Stat. 624.

(Uncodified). June 29, 1956, ch.

479, Sec. 3, (as

applicable to the

Act of Aug. 9,

1955, ch. 690, Sec.

1, 69 Stat. 624),

70 Stat. 453.

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

The word ''position'' is coextensive with and is substituted for

''office or employment''.

In paragraphs (1) and (2), the words ''in the United States'' in

former section 118p(1), (2) are omitted as unnecessary in view of

the reference to ''our constitutional form of government''.

In paragraphs (3) and (4), the reference to the ''government of

the District of Columbia'' is added on authority of the Act of June

29, 1956, in order to make these paragraphs meaningful with respect

to individuals employed by the government of the District of

Columbia. The words ''From and after July 1, 1956'', appearing in

the Act of June 29, 1956, are omitted as executed.

Standard changes are made to conform with the definitions

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

to the report.

-EXEC-

EX. ORD. NO. 10450. SECURITY REQUIREMENTS FOR GOVERNMENT EMPLOYEES

Ex. Ord. No. 10450, Apr. 27, 1953, 18 F.R. 2489, as amended by

Ex. Ord. No. 10491, Oct. 15, 1953, 18 F.R. 6583; Ex. Ord. No.

10531, May 27, 1954, 19 F.R. 3069; Ex. Ord. No. 10548, Aug. 3,

1954, 19 F.R. 4871; Ex. Ord. No. 10550, Aug. 6, 1954, 19 F.R. 4981;

Ex. Ord. No. 11605, July 2, 1971, 36 F.R. 12831; Ex. Ord. No.

11785, June 4, 1974, 39 F.R. 20053; Ex. Ord. No. 12107, Dec. 28,

1978, 44 F.R. 1055, provided:

WHEREAS the interests of the national security require that all

persons privileged to be employed in the departments and agencies

of the Government shall be reliable, trustworthy, of good conduct

and character, and of complete and unswerving loyalty to the United

States; and

WHEREAS the American tradition that all persons should receive

fair, impartial, and equitable treatment at the hands of the

Government requires that all persons seeking the privilege of

employment or privileged to be employed in the departments and

agencies of the Government be adjudged by mutually consistent and

no less than minimum standards and procedures among the departments

and agencies governing the employment and retention in employment

of persons in the Federal service:

NOW, THEREFORE, by virtue of the authority vested in me by the

Constitution and statutes of the United States, including section

1753 of the Revised Statutes of the United States (5 U.S.C. 631)

(sections 3301 and 7301 of this title); the Civil Service Act of

1883 (22 Stat. 403; 5 U.S.C. 632, et seq.) (section 1101 et seq. of

this title); section 9A of the act of August 2, 1939, 53 Stat. 1148

(5 U.S.C. 118j) (sections 3333 and 7311 of this title); and the act

of August 26, 1950, 64 Stat. 476 (5 U.S.C. 22-1, et seq.) (section

7501 et seq. of this title), and as President of the United States,

and deeming such action necessary in the best interests of the

national security it is hereby ordered as follows:

Section 1. In addition to the departments and agencies specified

in the said act of August 26, 1950, and Executive Order No. 10237

of April 26, 1951 the provisions of that act shall apply to all

other departments and agencies of the Government.

Sec. 2. The head of each department and agency of the Government

shall be responsible for establishing and maintaining within his

department or agency an effective program to insure that the

employment and retention in employment of any civilian officer or

employee within the department or agency is clearly consistent with

the interests of the national security.

Sec. 3. (a) The appointment of each civilian officer or employee

in any department or agency of the Government shall be made subject

to investigation. The scope of the investigation shall be

determined in the first instance according to the degree of adverse

effect the occupant of the position sought to be filled could bring

about, by virtue of the nature of the position, on the national

security, but in no event shall the investigation include less than

a national agency check (including a check of the fingerprint files

of the Federal Bureau of Investigation), and written inquiries to

appropriate local law enforcement agencies, former employers and

supervisors, references, and schools attended by the person under

investigation: Provided, that upon request of the head of the

department or agency concerned, the Office of Personnel Management

may, in its discretion, authorize such less investigation as may

meet the requirements of the national security with respect to

per-diem, intermittent, temporary, or seasonal employees, or aliens

employed outside the United States. Should there develop at any

stage of investigation information indicating that the employment

of any such person may not be clearly consistent with the interests

of the national security, there shall be conducted with respect to

such person a full field investigation, or such less investigation

as shall be sufficient to enable the head of the department or

agency concerned to determine whether retention of such person is

clearly consistent with the interests of the national security.

(b) The head of any department or agency shall designate, or

cause to be designated, any position within his department or

agency the occupant of which could bring about, by virtue of the

nature of the position, a material adverse effect on the national

security as a sensitive position. Any position so designated shall

be filled or occupied only by a person with respect to whom a full

field investigation has been conducted: Provided, that a person

occupying a sensitive position at the time it is designated as such

may continue to occupy such position pending the completion of a

full field investigation, subject to the other provisions of this

order: And provided further, that in case of emergency a sensitive

position may be filled for a limited period by a person with

respect to whom a full field pre-appointment investigation has not

been completed if the head of the department or agency concerned

finds that such action is necessary in the national interest, which

finding shall be made a part of the records of such department or

agency.

Sec. 4. The head of each department and agency shall review, or

cause to be reviewed, the cases of all civilian officers and

employees with respect to whom there has been conducted a full

field investigation under Executive Order No. 9835 of March 21,

1947, and, after such further investigation as may be appropriate,

shall re-adjudicate, or cause to be re-adjudicated, in accordance

with the said act of August 26, 1950, such of those cases as have

not been adjudicated under a security standard commensurate with

that established under this order.

Sec. 5. Whenever there is developed or received by any department

or agency information indicating that the retention in employment

of any officer or employee of the Government may not be clearly

consistent with the interests of the national security, such

information shall be forwarded to the head of the employing

department or agency or his representative, who, after such

investigation as may be appropriate, shall review, or cause to be

reviewed, and, where necessary, re-adjudicate, or cause to be

re-adjudicated, in accordance with the said act of August 26, 1950,

the case of such officer or employee.

Sec. 6. Should there develop at any stage of investigation

information indicating that the employment of any officer or

employees of the Government may not be clearly consistent with the

interests of the national security, the head of the department or

agency concerned or his representative shall immediately suspend

the employment of the person involved if he deems such suspension

necessary in the interests of the national security and, following

such investigation and review as he deems necessary the head of the

department or agency concerned shall terminate the employment of

such suspended officer in the interests of the national security,

or employee whenever he shall determine such termination necessary

or advisable in accordance with the said act of August 26, 1950.

Sec. 7. Any person whose employment is suspended or terminated

under the authority granted to heads of departments and agencies by

or in accordance with the said act of August 26, 1950, or pursuant

to the said Executive Order No. 9835 or any other security or

loyalty program relating to officers or employees of the

Government, shall not be reinstated or restored to duty or

reemployed in the same department or agency and shall not be

reemployed in any other department or agency, unless the head of

the department or agency concerned finds that such reinstatement,

restoration, or reemployment is clearly consistent with the

interests of the national security, which finding shall be made a

part of the records of such department or agency: Provided, that no

person whose employment has been terminated under such authority

thereafter may be employed by any other department or agency except

after a determination by the Office of Personnel Management that

such person is eligible for such employment.

Sec. 8. (a) The investigations conducted pursuant to this order

shall be designed to develop information as to whether the

employment or retention in employment in the Federal service of the

person being investigated is clearly consistent with the interests

of the national security. Such information shall relate, but shall

not be limited, to the following:

(1) Depending on the relation of the Government employment to the

national security:

(i) Any behavior, activities, or associations which tend to show

that the individual is not reliable or trustworthy.

(ii) Any deliberate misrepresentations, falsifications or

omissions of material facts.

(iii) Any criminal, infamous, dishonest, immoral, or notoriously

disgraceful conduct, habitual use of intoxicants to excess, drug

addiction or sexual perversion.

(iv) Any illness, including any mental condition, of a nature

which in the opinion of competent medical authority may cause

significant defect in the judgment or reliability of the employee,

with due regard to the transient or continuing effect of the

illness and the medical findings in such case.

(v) Any facts which furnish reason to believe that the individual

may be subjected to coercion, influence, or pressure which may

cause him to act contrary to the best interests of the national

security.

(2) Commission of any act of sabotage, espionage, treason, or

sedition, or attempts thereat or preparation therefor, or

conspiring with, or aiding or abetting another to commit or attempt

to commit any act of sabotage, espionage, treason, or sedition.

(3) Establishing or continuing a sympathetic association with a

saboteur, spy, traitor, seditionist, anarchist, or revolutionist,

or with any espionage or other secret agent or representative of a

foreign nation, or any representative of a foreign nation whose

interests may be inimical to the interests of the United States, or

with any person who advocates the use of force or violence to

overthrow the government of the United States or the alteration of

the form of government of the United States by unconstitutional

means.

(4) Advocacy of use of force or violence to overthrow the

government of the United States, or of the alteration of the form

of government of the United States by unconstitutional means.

(5) Knowing membership with the specific intent of furthering the

aims of, or adherence to and active participation in, any foreign

or domestic organization, association, movement, group, or

combination of persons (hereinafter referred to as organizations)

which unlawfully advocates or practices the commission of acts of

force or violence to prevent others from exercising their rights

under the Constitution or laws of the United States or of any

State, or which seeks to overthrow the Government of the United

States or any State or subdivision thereof by unlawful means.

(6) Intentional unauthorized disclosure to any person of security

information, or of other information disclosure of which is

prohibited by law, or willful violation or disregard of security

regulations.

(7) Performing or attempting to perform his duties, or otherwise

acting, so as to serve the interests of another government in

preference to the interests of the United States.

(8) Refusal by the individual, upon the ground of constitutional

privilege against self-incrimination, to testify before a

congressional committee regarding charges of his alleged disloyalty

or other misconduct.

(b) The investigation of persons entering or employed in the

competitive service shall primarily be the responsibility of the

Office of Personnel Management, except in cases in which the head

of a department or agency assumes that responsibility pursuant to

law or by agreement with the Office. The Office shall furnish a

full investigative report to the department or agency concerned.

(c) The investigation of persons (including consultants, however

employed), entering employment of, or employed by, the Government

other than in the competitive service shall primarily be the

responsibility of the employing department or agency. Departments

and agencies without investigative facilities may use the

investigative facilities of the Office of Personnel Management, and

other departments and agencies may use such facilities under

agreement with the Office.

(d) There shall be referred promptly to the Federal Bureau of

Investigation all investigations being conducted by any other

agencies which develop information indicating that an individual

may have been subjected to coercion, influence, or pressure to act

contrary to the interests of the national security, or information

relating to any of the matters described in subdivisions (2)

through (8) of subsection (a) of this section. In cases so

referred to it, the Federal Bureau of Investigation shall make a

full field investigation.

Sec. 9. (a) There shall be established and maintained in the

Office of Personnel Management a security-investigations index

covering all persons as to whom security investigations have been

conducted by any department or agency of the Government under this

order. The central index established and maintained by the Office

under Executive Order No. 9835 of March 21, 1947, shall be made a

part of the security-investigations index. The

security-investigations index shall contain the name of each person

investigated, adequate identifying information concerning each such

person, and a reference to each department and agency which has

conducted an investigation concerning the person involved or has

suspended or terminated the employment of such person under the

authority granted to heads of departments and agencies by or in

accordance with the said act of August 26, 1950.

(b) The heads of all departments and agencies shall furnish

promptly to the Office of Personnel Management information

appropriate for the establishment and maintenance of the

security-investigations index.

(c) The reports and other investigative material and information

developed by investigations conducted pursuant to any statute,

order, or program described in section 7 of this order shall remain

the property of the investigative agencies conducting the

investigations, but may, subject to considerations of the national

security, be retained by the department or agency concerned. Such

reports and other investigative material and information shall be

maintained in confidence, and no access shall be given thereto

except with the consent of the investigative agency concerned, to

other departments and agencies conducting security programs under

the authority granted by or in accordance with the said act of

August 26, 1950, as may be required for the efficient conduct of

Government business.

Sec. 10. Nothing in this order shall be construed as eliminating

or modifying in any way the requirement for any investigation or

any determination as to security which may be required by law.

Sec. 11. On and after the effective date of this order the

Loyalty Review Board established by Executive Order No. 9835 of

March 21, 1947, shall not accept agency findings for review, upon

appeal or otherwise. Appeals pending before the Loyalty Review

Board on such date shall be heard to final determination in

accordance with the provisions of the said Executive Order No.

9835, as amended. Agency determinations favorable to the officer

or employee concerned pending before the Loyalty Review Board on

such date shall be acted upon by such Board, and whenever the Board

is not in agreement with such favorable determination the case

shall be remanded to the department or agency concerned for

determination in accordance with the standards and procedures

established pursuant to this order. Cases pending before the

regional loyalty boards of the Office of Personnel Management on

which hearings have not been initiated on such date shall be

referred to the department or agency concerned. Cases being heard

by regional loyalty boards on such date shall be heard to

conclusion, and the determination of the board shall be forwarded

to the head of the department or agency concerned: Provided, that

if no specific department or agency is involved, the case shall be

dismissed without prejudice to the applicant. Investigations

pending in the Federal Bureau of Investigation or the Office of

Personnel Management on such date shall be completed, and the

reports thereon shall be made to the appropriate department or

agency.

Sec. 12. Executive Order No. 9835 of March 21, 1947, as amended,

is hereby revoked.

Sec. 13. The Attorney General is requested to render to the heads

of departments and agencies such advice as may be requisite to

enable them to establish and maintain an appropriate

employee-security program.

Sec. 14. (a) The Office of Personnel Management, with the

continuing advice and collaboration of representatives of such

departments and agencies as the National Security Council may

designate, shall make a continuing study of the manner in which

this order is being implemented by the departments and agencies of

the Government for the purpose of determining:

(1) Deficiencies in the department and agency security programs

established under this order which are inconsistent with the

interests of or directly or indirectly weaken, the national

security.

(2) Tendencies in such programs to deny to individual employees

fair, impartial and equitable treatment at the hands of the

Government, or rights under the Constitution and laws of the United

States or this order.

Information affecting any department or agency developed or

received during the course of such continuing study shall be

furnished immediately to the head of the department or agency

concerned. The Office of Personnel Management shall report to the

National Security Council, at least semiannually, on the results of

such study, shall recommend means to correct any such deficiencies

or tendencies, and shall inform the National Security Council

immediately of any deficiency which is deemed to be of major

importance.

(b) All departments and agencies of the Government are directed

to cooperate with the Office of Personnel Management to facilitate

the accomplishment of the responsibilities assigned to it by

subsection (a) of this section.

(c) To assist the Office of Personnel Management in discharging

its responsibilities under this order, the head of each department

and agency shall, as soon as possible and in no event later than

ninety days after receipt of the final investigative report on a

civilian officer or employee subject to a full field investigation

under the provisions of this order, advise the Office as to the

action taken with respect to such officer or employee. The

information furnished by the heads of departments and agencies

pursuant to this section shall be included in the reports which the

Office of Personnel Management is required to submit to the

National Security Council in accordance with subsection (a) of this

section. Such reports shall set forth any deficiencies on the part

of the heads of departments and agencies in taking timely action

under this order, and shall mention specifically any instances of

noncompliance with this subsection.

Sec. 15. This order shall become effective thirty days after the

date hereof.

EXECUTIVE ORDER NO. 11605

Ex. Ord. No. 11605. July 2, 1971, 36 F.R. 12831, which amended

Ex. Ord. No. 10450, Apr. 27, 1953, 18 F.R. 2489, which related to

security requirements for government employees, was revoked by Ex.

Ord. No. 11785, June 4, 1974, 39 F.R. 20053, set out below.

EX. ORD. NO. 11785. SECURITY REQUIREMENTS FOR GOVERNMENTAL

EMPLOYEES

Ex. Ord. No. 11785, June 4, 1974, 39 F.R. 20053, provided:

By virtue of the authority vested in me by the Constitution and

statutes of the United States, including 5 U.S.C. 1101 et seq.,

3301, 3571, 7301, 7313, 7501(c), 7512, 7532, and 7533; and as

President of the United States, and finding such action necessary

in the best interests of national security, it is hereby ordered as

follows:

Section 1. Section 12 of Executive Order No. 10450 of April 27,

1953, as amended (set out as a note under this section), is revised

to read in its entirety as follows:

''Sec. 12. Executive Order No. 9835 of March 21, 1947, as

amended, is hereby revoked.''

Sec. 2. Neither the Attorney General, nor the Subversive

Activities Control Board, nor any other agency shall designate

organizations pursuant to section 12 of Executive Order No. 10450,

as amended, nor circulate nor publish a list of organizations

previously so designated. The list of organizations previously

designated is hereby abolished and shall not be used for any

purpose.

Sec. 3. Subparagraph (5) of paragraph (a) of section 8 of

Executive Order No. 10450, as amended, is revised to read as

follows:

''Knowing membership with the specific intent of furthering the

aims of, or adherence to and active participation in, any foreign

or domestic organization, association, movement, group, or

combination of persons (hereinafter referred to as organizations)

which unlawfully advocates or practices the commission of acts of

force or violence to prevent others from exercising their rights

under the Constitution or laws of the United States or of any

State, or which seeks to overthrow the Government of the United

States or any State or subdivision thereof by unlawful means.''

Sec. 4. Executive Order No. 11605 of July 2, 1971, is revoked.

Richard Nixon.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3333, 7103 of this title;

title 18 section 1918; title 22 section 4102.

-CITE-

5 USC Sec. 7312 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER II - EMPLOYMENT LIMITATIONS

-HEAD-

Sec. 7312. Employment and clearance; individuals removed for

national security

-STATUTE-

Removal under section 7532 of this title does not affect the

right of an individual so removed to seek or accept employment in

an agency of the United States other than the agency from which

removed. However, the appointment of an individual so removed may

be made only after the head of the agency concerned has consulted

with the Office of Personnel Management. The Office, on written

request of the head of the agency or the individual so removed, may

determine whether the individual is eligible for employment in an

agency other than the agency from which removed.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 524; Pub. L. 95-454, title

IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

5 U.S.C. 22-1 (4th Aug. 26, 1950, ch.

and 5th provisos). 803, Sec. 1 (4th

and 5th provisos),

64 Stat. 477.

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

The words ''Removal under section 7532 of this title'' and ''so

removed'' are coextensive with and substituted for ''termination of

employment herein provided'' and ''whose employment has been

terminated under the provisions of said sections'', respectively.

Standard changes are made to conform with the definitions

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

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 substituted ''Office of Personnel

Management'' and ''Office'' for ''Civil Service Commission'' and

''Commission'', respectively.

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. 7313 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER II - EMPLOYMENT LIMITATIONS

-HEAD-

Sec. 7313. Riots and civil disorders

-STATUTE-

(a) An individual convicted by any Federal, State, or local court

of competent jurisdiction of -

(1) inciting a riot or civil disorder;

(2) organizing, promoting, encouraging, or participating in a

riot or civil disorder;

(3) aiding or abetting any person in committing any offense

specified in clause (1) or (2); or

(4) any offense determined by the head of the employing agency

to have been committed in furtherance of, or while participating

in, a riot or civil disorder;

shall, if the offense for which he is convicted is a felony, be

ineligible to accept or hold any position in the Government of the

United States or in the government of the District of Columbia for

the five years immediately following the date upon which his

conviction becomes final. Any such individual holding a position

in the Government of the United States or the government of the

District of Columbia on the date his conviction becomes final shall

be removed from such position.

(b) For the purposes of this section, ''felony'' means any

offense for which imprisonment is authorized for a term exceeding

one year.

-SOURCE-

(Added Pub. L. 90-351, title V, Sec. 1001(a), June 19, 1968, 82

Stat. 235.)

-MISC1-

EFFECTIVE DATE

Section 1002 of Pub. L. 90-351 provided that: ''The provisions of

section 1001(a) of this title (enacting this section) shall apply

only with respect to acts referred to in section 7313(a)(1)-(4) of

title 5, United States Code, as added by section 1001 of this

title, which are committed after the date of enactment of this

title (June 19, 1968).''

RECEIPT OF BENEFITS UNDER LAWS PROVIDING RELIEF FOR DISASTER

VICTIMS

Section 1106(e) of Pub. L. 90-448, title XI, Aug. 1, 1968, 82

Stat. 567, provided that: ''No person who has been convicted of

committing a felony during and in connection with a riot or civil

disorder shall be permitted, for a period of one year after the

date of his conviction, to receive any benefit under any law of the

United States providing relief for disaster victims.''

-CITE-

5 USC SUBCHAPTER III - POLITICAL ACTIVITIES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER III - POLITICAL ACTIVITIES

.

-HEAD-

SUBCHAPTER III - POLITICAL ACTIVITIES

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat. 1001,

reenacted subchapter heading without change.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1212, 1216, 4703,

7103, 7121 of this title; title 22 sections 3664, 4102; title 31

section 732; title 42 sections 1973d, 5055.

-CITE-

5 USC Sec. 7321 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER III - POLITICAL ACTIVITIES

-HEAD-

Sec. 7321. Political participation

-STATUTE-

It is the policy of the Congress that employees should be

encouraged to exercise fully, freely, and without fear of penalty

or reprisal, and to the extent not expressly prohibited by law,

their right to participate or to refrain from participating in the

political processes of the Nation.

-SOURCE-

(Added Pub. L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat. 1001.)

-MISC1-

PRIOR PROVISIONS

A prior section 7321, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

525, related to political contributions and services of employees

in Executive agencies or competitive service, prior to the general

revision of this subchapter by Pub. L. 103-94.

EFFECTIVE DATE; SAVINGS PROVISION

Section 12 of Pub. L. 103-94 provided that:

''(a) The amendments made by this Act (enacting sections 5520a

and 7321 to 7326 of this title and section 610 of Title 18, Crimes

and Criminal Procedure, amending sections 1216, 2302, 3302 and 3303

of this title, sections 602 and 603 of Title 18, section 410 of

Title 39, Postal Service, and sections 1973d and 9904 of Title 42,

The Public Health and Welfare, and omitting former sections 7321 to

7328 of this title) shall take effect 120 days after the date of

the enactment of this Act (Oct. 6, 1993), except that the authority

to prescribe regulations granted under section 7325 of title 5,

United States Code (as added by section 2 of this Act), shall take

effect on the date of the enactment of this Act.

''(b) Any repeal or amendment made by this Act of any provision

of law shall not release or extinguish any penalty, forfeiture, or

liability incurred under that provision, and that provision shall

be treated as remaining in force for the purpose of sustaining any

proper proceeding or action for the enforcement of that penalty,

forfeiture, or liability.

''(c) No provision of this Act shall affect any proceedings with

respect to which the charges were filed on or before the effective

date of the amendments made by this Act. Orders shall be issued in

such proceedings and appeals shall be taken therefrom as if this

Act had not been enacted.''

-EXEC-

DELEGATION OF AUTHORITY

Memorandum of President of the United States, Oct. 27, 1994, 59

F.R. 54515, provided:

Memorandum for the Secretary of Defense

Pursuant to authority vested in me as the Chief Executive Officer

of the United States, and consistent with the provisions of the

Hatch Act Reform Amendment regulations, 5 CFR 734.104, and section

301 of title 3, United States Code, I delegate to you the authority

to limit the political activities of political appointees of the

Department of Defense, including Presidential appointees,

Presidential appointees with Senate confirmation, noncareer SES

appointees, and Schedule C appointees.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

Memorandum of President of the United States, Oct. 24, 1994, 59

F.R. 54121, provided:

Memorandum for the Secretary of State

Pursuant to authority vested in me as the Chief Executive Officer

of the United States, and consistent with the provisions of the

Hatch Act Reform Amendment regulations, 5 CFR 734.104, and section

301 of title 3, United States Code, I delegate to you the authority

to limit the political activities of political appointees of the

Department of State, including Presidential appointees,

Presidential appointees with Senate confirmation, noncareer SES

appointees, and Schedule C appointees.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

Memorandum of President of the United States, Sept. 30, 1994, 59

F.R. 50809, provided:

Memorandum for the Attorney General

Pursuant to authority vested in me as the Chief Executive Officer

of the United States, and consistent with the provisions of the

Hatch Act Reform Amendment regulations, 5 CFR 734.104, and section

301 of title 3, United States Code, I delegate to you the authority

to limit the political activities of political appointees of the

Department of Justice, including Presidential appointees,

Presidential appointees with Senate confirmation, noncareer SES

appointees, and Schedule C appointees.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

-CITE-

5 USC Sec. 7322 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER III - POLITICAL ACTIVITIES

-HEAD-

Sec. 7322. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) ''employee'' means any individual, other than the President

and the Vice President, employed or holding office in -

(A) an Executive agency other than the General Accounting

Office;

(B) a position within the competitive service which is not in

an Executive agency; or

(C) the government of the District of Columbia, other than

the Mayor or a member of the City Council or the Recorder of

Deeds;

but does not include a member of the uniformed services;

(2) ''partisan political office'' means any office for which

any candidate is nominated or elected as representing a party any

of whose candidates for Presidential elector received votes in

the last preceding election at which Presidential electors were

selected, but shall exclude any office or position within a

political party or affiliated organization; and

(3) ''political contribution'' -

(A) means any gift, subscription, loan, advance, or deposit

of money or anything of value, made for any political purpose;

(B) includes any contract, promise, or agreement, express or

implied, whether or not legally enforceable, to make a

contribution for any political purpose;

(C) includes any payment by any person, other than a

candidate or a political party or affiliated organization, of

compensation for the personal services of another person which

are rendered to any candidate or political party or affiliated

organization without charge for any political purpose; and

(D) includes the provision of personal services for any

political purpose.

-SOURCE-

(Added Pub. L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat. 1001.)

-MISC1-

PRIOR PROVISIONS

A prior section 7322, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

525, prohibited employees in Executive agencies or competitive

service from using official authority or influence to coerce

political actions of persons or bodies, prior to the general

revision of this subchapter by Pub. L. 103-94.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 sections 602, 603, 610.

-CITE-

5 USC Sec. 7323 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER III - POLITICAL ACTIVITIES

-HEAD-

Sec. 7323. Political activity authorized; prohibitions

-STATUTE-

(a) Subject to the provisions of subsection (b), an employee may

take an active part in political management or in political

campaigns, except an employee may not -

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

interfering with or affecting the result of an election;

(2) knowingly solicit, accept, or receive a political

contribution from any person, unless such person is -

(A) a member of the same Federal labor organization as

defined under section 7103(4) of this title or a Federal

employee organization which as of the date of enactment of the

Hatch Act Reform Amendments of 1993 had a multicandidate

political committee (as defined under section 315(a)(4) of the

Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4)));

(B) not a subordinate employee; and

(C) the solicitation is for a contribution to the

multicandidate political committee (as defined under section

315(a)(4) of the Federal Election Campaign Act of 1971 (2

U.S.C. 441a(a)(4))) of such Federal labor organization as

defined under section 7103(4) of this title or a Federal

employee organization which as of the date of the enactment of

the Hatch Act Reform Amendments of 1993 had a multicandidate

political committee (as defined under section 315(a)(4) of the

Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4)));

or

(3) run for the nomination or as a candidate for election to a

partisan political office; or

(4) knowingly solicit or discourage the participation in any

political activity of any person who -

(A) has an application for any compensation, grant, contract,

ruling, license, permit, or certificate pending before the

employing office of such employee; or

(B) is the subject of or a participant in an ongoing audit,

investigation, or enforcement action being carried out by the

employing office of such employee.

(b)(1) An employee of the Federal Election Commission (except one

appointed by the President, by and with the advice and consent of

the Senate), may not request or receive from, or give to, an

employee, a Member of Congress, or an officer of a uniformed

service a political contribution.

(2)(A) No employee described under subparagraph (B) (except one

appointed by the President, by and with the advice and consent of

the Senate), may take an active part in political management or

political campaigns.

(B) The provisions of subparagraph (A) shall apply to -

(i) an employee of -

(I) the Federal Election Commission or the Election

Assistance Commission;

(II) the Federal Bureau of Investigation;

(III) the Secret Service;

(IV) the Central Intelligence Agency;

(V) the National Security Council;

(VI) the National Security Agency;

(VII) the Defense Intelligence Agency;

(VIII) the Merit Systems Protection Board;

(IX) the Office of Special Counsel;

(X) the Office of Criminal Investigation of the Internal

Revenue Service;

(XI) the Office of Investigative Programs of the United

States Customs Service;

(XII) the Office of Law Enforcement of the Bureau of Alcohol,

Tobacco, and Firearms; or

(XIII) the National Imagery and Mapping Agency; or

(ii) a person employed in a position described under section

3132(a)(4), 5372, 5372a, or 5372b of title 5, United States Code.

(3) No employee of the Criminal Division of the Department of

Justice (except one appointed by the President, by and with the

advice and consent of the Senate), may take an active part in

political management or political campaigns.

(4) For purposes of this subsection, the term ''active part in

political management or in a political campaign'' means those acts

of political management or political campaigning which were

prohibited for employees of the competitive service before July 19,

1940, by determinations of the Civil Service Commission under the

rules prescribed by the President.

(c) An employee retains the right to vote as he chooses and to

express his opinion on political subjects and candidates.

-SOURCE-

(Added Pub. L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat. 1002;

amended Pub. L. 103-359, title V, Sec. 501(k), Oct. 14, 1994, 108

Stat. 3430; Pub. L. 104-201, div. A, title XI, Sec. 1122(a)(1),

Sept. 23, 1996, 110 Stat. 2687; Pub. L. 106-554, Sec. 1(a)(3)

(title VI, Sec. 645(a)(2)), Dec. 21, 2000, 114 Stat. 2763,

2763A-170; Pub. L. 107-252, title VIII, Sec. 811(a), Oct. 29, 2002,

116 Stat. 1727.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Hatch Act Reform Amendments of 1993,

referred to in subsec. (a)(2)(A), (C), is the date of enactment of

Pub. L. 103-94, which was approved Oct. 6, 1993.

-MISC2-

PRIOR PROVISIONS

A prior section 7323, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

525, prohibited employee in Executive agency from requesting,

receiving from, or giving to, an employee, a Member of Congress, or

an officer of a uniformed service, a thing of value for political

purposes and provided for removal from service of employee for

violation, prior to the general revision of this subchapter by Pub.

L. 103-94.

AMENDMENTS

2002 - Subsec. (b)(2)(B)(i)(I). Pub. L. 107-252 inserted ''or the

Election Assistance Commission'' after ''Commission''.

2000 - Subsec. (b)(2)(B)(ii). Pub. L. 106-554 substituted

''5372a, or 5372b'' for ''or 5372a''.

1996 - Subsec. (b)(2)(B)(i)(XIII). Pub. L. 104-201 substituted

''National Imagery and Mapping Agency'' for ''Central Imagery

Office''.

1994 - Subsec. (b)(2)(B)(i)(XIII). Pub. L. 103-359 added subcl.

(XIII).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-252 effective upon appointment of all

members of the Election Assistance Commission under section 15323

of Title 42, The Public Health and Welfare, see section 15534(a) of

Title 42.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

Title 10, Armed Forces.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

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 section 531(c) of Title 6, Domestic Security.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7325, 7326 of this title;

title 18 sections 602, 603.

-CITE-

5 USC Sec. 7324 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER III - POLITICAL ACTIVITIES

-HEAD-

Sec. 7324. Political activities on duty; prohibition

-STATUTE-

(a) An employee may not engage in political activity -

(1) while the employee is on duty;

(2) in any room or building occupied in the discharge of

official duties by an individual employed or holding office in

the Government of the United States or any agency or

instrumentality thereof;

(3) while wearing a uniform or official insignia identifying

the office or position of the employee; or

(4) using any vehicle owned or leased by the Government of the

United States or any agency or instrumentality thereof.

(b)(1) An employee described in paragraph (2) of this subsection

may engage in political activity otherwise prohibited by subsection

(a) if the costs associated with that political activity are not

paid for by money derived from the Treasury of the United States.

(2) Paragraph (1) applies to an employee -

(A) the duties and responsibilities of whose position continue

outside normal duty hours and while away from the normal duty

post; and

(B) who is -

(i) an employee paid from an appropriation for the Executive

Office of the President; or

(ii) an employee appointed by the President, by and with the

advice and consent of the Senate, whose position is located

within the United States, who determines policies to be pursued

by the United States in relations with foreign powers or in the

nationwide administration of Federal laws.

-SOURCE-

(Added Pub. L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat. 1003.)

-MISC1-

PRIOR PROVISIONS

A prior section 7324, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

525; Pub. L. 93-268, Sec. 4(a), Apr. 17, 1974, 88 Stat. 87,

prohibited Executive agency employees and employees of the District

of Columbia from influencing elections or taking part in political

campaigns, prior to the general revision of this subchapter by Pub.

L. 103-94.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7326 of this title; title

18 sections 602, 603; title 42 section 2000e-4; title 50 App.

section 463.

-CITE-

5 USC Sec. 7325 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER III - POLITICAL ACTIVITIES

-HEAD-

Sec. 7325. Political activity permitted; employees residing in

certain municipalities

-STATUTE-

The Office of Personnel Management may prescribe regulations

permitting employees, without regard to the prohibitions in

paragraphs (2) and (3) of section 7323(a) and paragraph (2) of

section 7323(b) of this title, to take an active part in political

management and political campaigns involving the municipality or

other political subdivision in which they reside, to the extent the

Office considers it to be in their domestic interest, when -

(1) the municipality or political subdivision is in Maryland or

Virginia and in the immediate vicinity of the District of

Columbia, or is a municipality in which the majority of voters

are employed by the Government of the United States; and

(2) the Office determines that because of special or unusual

circumstances which exist in the municipality or political

subdivision it is in the domestic interest of the employees and

individuals to permit that political participation.

-SOURCE-

(Added Pub. L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat. 1004;

amended Pub. L. 104-93, title III, Sec. 308, Jan. 6, 1996, 109

Stat. 966.)

-MISC1-

PRIOR PROVISIONS

A prior section 7325, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

526; Pub. L. 96-54, Sec. 2(a)(44), Aug. 14, 1979, 93 Stat. 384,

related to penalties, prior to the general revision of this

subchapter by Pub. L. 103-94.

AMENDMENTS

1996 - Pub. L. 104-93 inserted ''and paragraph (2) of section

7323(b)'' after ''section 7323(a)''.

-CITE-

5 USC Sec. 7326 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER III - POLITICAL ACTIVITIES

-HEAD-

Sec. 7326. Penalties

-STATUTE-

An employee or individual who violates section 7323 or 7324 of

this title shall be removed from his position, and funds

appropriated for the position from which removed thereafter may not

be used to pay the employee or individual. However, if the Merit

System Protection Board finds by unanimous vote that the violation

does not warrant removal, a penalty of not less than 30 days'

suspension without pay shall be imposed by direction of the Board.

-SOURCE-

(Added Pub. L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat. 1004.)

-MISC1-

PRIOR PROVISIONS

A prior section 7326, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

526, authorized nonpartisan political activities, prior to the

general revision of this subchapter by Pub. L. 103-94.

A prior section 7327, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

526; Pub. L. 96-54, Sec. 2(a)(14), (15), Aug. 14, 1979, 93 Stat.

382; Pub. L. 97-468, title VI, Sec. 615(b)(1)(E), Jan. 14, 1983, 96

Stat. 2578, related to permitted political activity in certain

municipalities where employees reside, prior to the general

revision of this subchapter by Pub. L. 103-94.

A prior section 7328, added Pub. L. 96-191, Sec. 8(e)(1), Feb.

15, 1980, 94 Stat. 33, exempted employees of the General Accounting

Office from provisions of this subchapter, prior to the general

revision of this subchapter by Pub. L. 103-94.

-CITE-

5 USC SUBCHAPTER IV - FOREIGN GIFTS AND DECORATIONS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER IV - FOREIGN GIFTS AND DECORATIONS

.

-HEAD-

SUBCHAPTER IV - FOREIGN GIFTS AND DECORATIONS

-MISC1-

AMENDMENTS

1967 - Pub. L. 90-83, Sec. 1(45)(A), Sept. 11, 1967, 81 Stat.

208, substituted ''FOREIGN GIFTS AND DECORATIONS'' for ''FOREIGN

DECORATIONS'' in subchapter heading.

-CITE-

5 USC Sec. 7341 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER IV - FOREIGN GIFTS AND DECORATIONS

-HEAD-

(Sec. 7341. Repealed. Pub. L. 90-83, Sec. 1(45)(B), Sept. 11, 1967,

81 Stat. 208)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 526, related to

receipt and display of foreign decorations. See section 7342 of

this title.

-CITE-

5 USC Sec. 7342 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER IV - FOREIGN GIFTS AND DECORATIONS

-HEAD-

Sec. 7342. Receipt and disposition of foreign gifts and decorations

-STATUTE-

(a) For the purpose of this section -

(1) ''employee'' means -

(A) an employee as defined by section 2105 of this title and

an officer or employee of the United States Postal Service or

of the Postal Rate Commission;

(B) an expert or consultant who is under contract under

section 3109 of this title with the United States or any

agency, department, or establishment thereof, including, in the

case of an organization performing services under such section,

any individual involved in the performance of such services;

(C) an individual employed by, or occupying an office or

position in, the government of a territory or possession of the

United States or the government of the District of Columbia;

(D) a member of a uniformed service;

(E) the President and the Vice President;

(F) a Member of Congress as defined by section 2106 of this

title (except the Vice President) and any Delegate to the

Congress; and

(G) the spouse of an individual described in subparagraphs

(A) through (F) (unless such individual and his or her spouse

are separated) or a dependent (within the meaning of section

152 of the Internal Revenue Code of 1986) of such an

individual, other than a spouse or dependent who is an employee

under subparagraphs (A) through (F);

(2) ''foreign government'' means -

(A) any unit of foreign governmental authority, including any

foreign national, State, local, and municipal government;

(B) any international or multinational organization whose

membership is composed of any unit of foreign government

described in subparagraph (A); and

(C) any agent or representative of any such unit or such

organization, while acting as such;

(3) ''gift'' means a tangible or intangible present (other than

a decoration) tendered by, or received from, a foreign

government;

(4) ''decoration'' means an order, device, medal, badge,

insignia, emblem, or award tendered by, or received from, a

foreign government;

(5) ''minimal value'' means a retail value in the United States

at the time of acceptance of $100 or less, except that -

(A) on January 1, 1981, and at 3 year intervals thereafter,

''minimal value'' shall be redefined in regulations prescribed

by the Administrator of General Services, in consultation with

the Secretary of State, to reflect changes in the consumer

price index for the immediately preceding 3-year period; and

(B) regulations of an employing agency may define ''minimal

value'' for its employees to be less than the value established

under this paragraph; and

(6) ''employing agency'' means -

(A) the Committee on Standards of Official Conduct of the

House of Representatives, for Members and employees of the

House of Representatives, except that those responsibilities

specified in subsections (c)(2)(A), (e)(1), and (g)(2)(B) shall

be carried out by the Clerk of the House;

(B) the Select Committee on Ethics of the Senate, for

Senators and employees of the Senate, except that those

responsibilities (other than responsibilities involving

approval of the employing agency) specified in subsections

(c)(2), (d), and (g)(2)(B) shall be carried out by the

Secretary of the Senate;

(C) the Administrative Office of the United States Courts,

for judges and judicial branch employees; and

(D) the department, agency, office, or other entity in which

an employee is employed, for other legislative branch employees

and for all executive branch employees.

(b) An employee may not -

(1) request or otherwise encourage the tender of a gift or

decoration; or

(2) accept a gift or decoration, other than in accordance with

the provisions of subsections (c) and (d).

(c)(1) The Congress consents to -

(A) the accepting and retaining by an employee of a gift of

minimal value tendered and received as a souvenir or mark of

courtesy; and

(B) the accepting by an employee of a gift of more than minimal

value when such gift is in the nature of an educational

scholarship or medical treatment or when it appears that to

refuse the gift would likely cause offense or embarrassment or

otherwise adversely affect the foreign relations of the United

States, except that -

(i) a tangible gift of more than minimal value is deemed to

have been accepted on behalf of the United States and, upon

acceptance, shall become the property of the United States; and

(ii) an employee may accept gifts of travel or expenses for

travel taking place entirely outside the United States (such as

transportation, food, and lodging) of more than minimal value

if such acceptance is appropriate, consistent with the

interests of the United States, and permitted by the employing

agency and any regulations which may be prescribed by the

employing agency.

(2) Within 60 days after accepting a tangible gift of more than

minimal value (other than a gift described in paragraph

(1)(B)(ii)), an employee shall -

(A) deposit the gift for disposal with his or her employing

agency; or

(B) subject to the approval of the employing agency, deposit

the gift with that agency for official use.

Within 30 days after terminating the official use of a gift under

subparagraph (B), the employing agency shall forward the gift to

the Administrator of General Services in accordance with subsection

(e)(1) or provide for its disposal in accordance with subsection

(e)(2).

(3) When an employee deposits a gift of more than minimal value

for disposal or for official use pursuant to paragraph (2), or

within 30 days after accepting travel or travel expenses as

provided in paragraph (1)(B)(ii) unless such travel or travel

expenses are accepted in accordance with specific instructions of

his or her employing agency, the employee shall file a statement

with his or her employing agency or its delegate containing the

information prescribed in subsection (f) for that gift.

(d) The Congress consents to the accepting, retaining, and

wearing by an employee of a decoration tendered in recognition of

active field service in time of combat operations or awarded for

other outstanding or unusually meritorious performance, subject to

the approval of the employing agency of such employee. Without

this approval, the decoration is deemed to have been accepted on

behalf of the United States, shall become the property of the

United States, and shall be deposited by the employee, within sixty

days of acceptance, with the employing agency for official use, for

forwarding to the Administrator of General Services for disposal in

accordance with subsection (e)(1), or for disposal in accordance

with subsection (e)(2).

(e)(1) Except as provided in paragraph (2), gifts and decorations

that have been deposited with an employing agency for disposal

shall be (A) returned to the donor, or (B) forwarded to the

Administrator of General Services for transfer, donation, or other

disposal in accordance with the provisions of subtitle I of title

40 and title III of the Federal Property and Administrative

Services Act of 1949 (41 U.S.C. 251 et seq.). However, no gift or

decoration that has been deposited for disposal may be sold without

the approval of the Secretary of State, upon a determination that

the sale will not adversely affect the foreign relations of the

United States. Gifts and decorations may be sold by negotiated

sale.

(2) Gifts and decorations received by a Senator or an employee of

the Senate that are deposited with the Secretary of the Senate for

disposal, or are deposited for an official use which has

terminated, shall be disposed of by the Commission on Arts and

Antiquities of the United States Senate. Any such gift or

decoration, may be returned by the Commission to the donor or may

be transferred or donated by the Commission, subject to such terms

and conditions as it may prescribe, (A) to an agency or

instrumentality of (i) the United States, (ii) a State, territory,

or possession of the United States, or a political subdivision of

the foregoing, or (iii) the District of Columbia, or (B) to an

organization described in section 501(c)(3) of the Internal Revenue

Code of 1986 which is exempt from taxation under section 501(a) of

such Code. Any such gift or decoration not disposed of as provided

in the preceding sentence shall be forwarded to the Administrator

of General Services for disposal in accordance with paragraph (1).

If the Administrator does not dispose of such gift or decoration

within one year, he shall, at the request of the Commission, return

it to the Commission and the Commission may dispose of such gift or

decoration in such manner as it considers proper, except that such

gift or decoration may be sold only with the approval of the

Secretary of State upon a determination that the sale will not

adversely affect the foreign relations of the United States.

(f)(1) Not later than January 31 of each year, each employing

agency or its delegate shall compile a listing of all statements

filed during the preceding year by the employees of that agency

pursuant to subsection (c)(3) and shall transmit such listing to

the Secretary of State who shall publish a comprehensive listing of

all such statements in the Federal Register.

(2) Such listings shall include for each tangible gift reported -

(A) the name and position of the employee;

(B) a brief description of the gift and the circumstances

justifying acceptance;

(C) the identity, if known, of the foreign government and the

name and position of the individual who presented the gift;

(D) the date of acceptance of the gift;

(E) the estimated value in the United States of the gift at the

time of acceptance; and

(F) disposition or current location of the gift.

(3) Such listings shall include for each gift of travel or travel

expenses -

(A) the name and position of the employee;

(B) a brief description of the gift and the circumstances

justifying acceptance; and

(C) the identity, if known, of the foreign government and the

name and position of the individual who presented the gift.

(4) In transmitting such listings for the Central Intelligence

Agency, the Director of Central Intelligence may delete the

information described in subparagraphs (A) and (C) of paragraphs

(2) and (3) if the Director certifies in writing to the Secretary

of State that the publication of such information could adversely

affect United States intelligence sources.

(g)(1) Each employing agency shall prescribe such regulations as

may be necessary to carry out the purpose of this section. For all

employing agencies in the executive branch, such regulations shall

be prescribed pursuant to guidance provided by the Secretary of

State. These regulations shall be implemented by each employing

agency for its employees.

(2) Each employing agency shall -

(A) report to the Attorney General cases in which there is

reason to believe that an employee has violated this section;

(B) establish a procedure for obtaining an appraisal, when

necessary, of the value of gifts; and

(C) take any other actions necessary to carry out the purpose

of this section.

(h) The Attorney General may bring a civil action in any district

court of the United States against any employee who knowingly

solicits or accepts a gift from a foreign government not consented

to by this section or who fails to deposit or report such gift as

required by this section. The court in which such action is

brought may assess a penalty against such employee in any amount

not to exceed the retail value of the gift improperly solicited or

received plus $5,000.

(i) The President shall direct all Chiefs of a United States

Diplomatic Mission to inform their host governments that it is a

general policy of the United States Government to prohibit United

States Government employees from receiving gifts or decorations of

more than minimal value.

(j) Nothing in this section shall be construed to derogate any

regulation prescribed by any employing agency which provides for

more stringent limitations on the receipt of gifts and decorations

by its employees.

(k) The provisions of this section do not apply to grants and

other forms of assistance to which section 108A of the Mutual

Educational and Cultural Exchange Act of 1961 applies.

-SOURCE-

(Added Pub. L. 90-83, Sec. 1(45)(C), Sept. 11, 1967, 81 Stat. 208;

amended Pub. L. 95-105, title V, Sec. 515(a)(1), Aug. 17, 1977, 91

Stat. 862; Pub. L. 95-426, title VII, Sec. 712(a)-(c), Oct. 7,

1978, 92 Stat. 994; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100

Stat. 2095; Pub. L. 107-217, Sec. 3(a)(1), Aug. 21, 2002, 116 Stat.

1295.)

-MISC1-

Historical and Revision Notes

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

Section of title 5 Source (U.S.Code) Source (Statutes at

Large)

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

7342(a) 22:2621. Oct. 15, 1966, Pub.

L. 89-673, Sec. 2,

80 Stat. 952.

7342(b) 22:2622. Oct. 15, 1966, Pub.

L. 89-673, Sec. 3,

80 Stat. 952.

7342(c) 22:2623. Oct. 15, 1966, Pub.

L. 89-673, Sec. 4,

80 Stat. 952.

7342(d) 22:2624. Oct. 15, 1966, Pub.

L. 89-673, Sec. 5,

80 Stat. 952.

7342(e) 22:2626. Oct. 15, 1966, Pub.

L. 89-673, Sec. 7,

80 Stat. 952.

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

The definitions of ''employee'' and ''uniformed services'' in 5

U.S.C. 2105 and 2101 are broad enough to cover the persons included

in 22 U.S.C. 2621(1) with the exception of (1) individuals employed

by, or occupying an office or position in, the government of a

territory or possession of the United States or of the District of

Columbia, (2) the President, and (3) Members of Congress, who,

accordingly, are covered in paragraphs (B), (D), and (E). As the

Canal Zone Government is an independent agency of the United

States, see section 31 of title 2, Canal Zone Code, an employee

thereof is an ''employee'' as defined in 5 U.S.C. 2105.

In subsection (b), the words ''An employee may not'' are

substituted for ''No person shall'' to conform to the definition

applicable and style of title 5, United States Code.

In subsection (c), the words ''under regulations prescribed under

this section'' are substituted for ''in accordance with the rules

and regulations issued pursuant to this Act''.

In subsection (e), the words ''The President may prescribe

regulations to carry out the purpose of this section'' are

substituted for ''Rules and regulations to carry out the purposes

of this Act may be prescribed by or under the authority of the

President''. Under 3 U.S.C. 301, the President may delegate the

authority vested in him by this subsection.

-REFTEXT-

REFERENCES IN TEXT

Section 152 of the Internal Revenue Code of 1986, referred to in

subsec. (a)(1)(G), is classified to section 152 of Title 26,

Internal Revenue Code.

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (e)(1), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Title III of the Act is classified

generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title

41, Public Contracts. For complete classification of this Act to

the Code, see Tables.

Section 501 of the Internal Revenue Code of 1986, referred to in

subsec. (e)(2), is classified to section 501 of Title 26, Internal

Revenue Code.

Section 108A of the Mutual Educational and Cultural Exchange Act

of 1961, referred to in subsec. (k), is classified to section 2458a

of Title 22, Foreign Relations and Intercourse.

-MISC2-

AMENDMENTS

2002 - Subsec. (e)(1). Pub. L. 107-217 substituted ''provisions

of subtitle I of title 40 and title III of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)'' for

''provisions of the Federal Property and Administrative Services

Act of 1949''.

1986 - Subsecs. (a)(1)(G), (e)(2). Pub. L. 99-514 substituted

''Internal Revenue Code of 1986'' for ''Internal Revenue Code of

1954''.

1978 - Subsec. (a)(6)(A). Pub. L. 95-426, Sec. 712(a)(1),

substituted ''(e)(1)'' for ''(e)''.

Subsec. (a)(6)(B). Pub. L. 95-426, Sec. 712(a)(2), inserted '',

except that those responsibilities (other than responsibilities

involving approval of the employing agency) specified in subsection

(c)(2), (d), and (g)(2)(B) shall be carried out by the Secretary of

the Senate''.

Subsec. (c)(2). Pub. L. 95-426, Sec. 712(b)(1), substituted

''subsection (e)(1) or provide for its disposal in accordance with

subsection (e)(2)'' for ''subsection (e)''.

Subsec. (d). Pub. L. 95-426, Sec. 712(b)(2), substituted

''official use, for forwarding'', for ''official use, or

forwarding'', and ''subsection (e)(1), or for disposal in

accordance with subsection (e)(2)'' for ''subsection (e)''.

Subsec. (e). Pub. L. 95-426, Sec. 712(c), designated existing

provisions as par. (1), substituted ''Except as provided in

paragraph (2), gifts'' for ''Gifts'', ''(A)'' and ''(B)'' for

''(1)'' and ''(2)'', respectively, and added par. (2).

1977 - Subsec. (a). Pub. L. 95-105 in par. (1) inserted

provisions expanding definition of ''employee'' to include an

officer or employee of the United States Postal Service or Postal

Rate Commission, certain experts and consultants, the Vice

President, and any Delegate to Congress, in par. (2) incorporated

existing provisions into subpars. (A) and (C) and added subpar.

(B), in par. (3) substituted reference to tangible or intangible

present for reference to present, in par. (4) inserted reference to

award, and added pars. (5) and (6).

Subsec. (b). Pub. L. 95-105 designated existing provisions as

par. (1) and added par. (2).

Subsec. (c). Pub. L. 95-105 incorporated existing provisions of

pars. (1) and (2) into par. (1), inserted provisions giving

congressional consent to acceptance of a gift in the nature of an

educational scholarship, medical treatment, or travel or travel

expenses, and added pars. (2) and (3).

Subsec. (d). Pub. L. 95-105 struck out provisions requiring the

Secretary of State to concur with the approval of the employing

agency and substituted provisions requiring the employee to deposit

property within 60 days of acceptance with the employing agency for

official use or forwarding to the Administrator of General Services

for disposal for provisions requiring the employee to deposit the

decoration for use and disposal as the property of the United

States under regulations prescribed under this section.

Subsec. (e). Pub. L. 95-105 substituted provisions relating to

the disposal of decorations for provisions authorizing the

President to prescribe regulations to carry out the purposes of

this section.

Subsecs. (f) to (k). Pub. L. 95-105 added subsecs. (f) to (k).

EFFECTIVE DATE OF 1977 AMENDMENT

Section 515(a)(2) of Pub. L. 95-105 provided that: ''The

amendment made by paragraph (1) of this subsection (amending this

section) shall take effect on January 1, 1978.''

-TRANS-

TRANSFER OF FUNCTIONS

Certain functions of Clerk of House of Representatives

transferred to Director of Non-legislative and Financial Services

by section 7 of House Resolution No. 423, One Hundred Second

Congress, Apr. 9, 1992. Director of Non-legislative and Financial

Services replaced by Chief Administrative Officer of House of

Representatives by House Resolution No. 6, One Hundred Fourth

Congress, Jan. 4, 1995.

-MISC5-

LEASING OF SPACE AND FACILITIES FOR STORING AND SAFEGUARDING

PROPERTY

Section 712(d) of Pub. L. 95-426 provided that: ''In the event

that the space and facilities available to the Secretary of the

Senate for carrying out his responsibilities in storing and

safeguarding property in his custody under section 7342 of title 5,

United States Code, are insufficient for such purpose, he may, with

the approval of the Committee on Rules and Administration of the

Senate, lease such space and facilities as may be necessary for

such purpose. Rental payments under any such lease and expenses

incurred in connection therewith shall be paid from the contingent

fund of the Senate upon vouchers approved by the Secretary of the

Senate.''

WEARING OF CERTAIN DECORATIONS

Section 33A of act Aug. 10, 1956, ch. 1041, as added by Pub. L.

85-861, Sept. 2, 1958, Sec. 33(e), 72 Stat. 1567, provided: ''A

member or former member of an armed force of the United States

holding any office of profit or trust under the United States may

wear any decoration, order, medal, or emblem accepted (1) under the

Act of July 20, 1942, chapter 508 (56 Stat. 662), or (2) before

August 1, 1947, from the government of a cobelligerent or neutral

nation or an American Republic.''

-EXEC-

EXECUTIVE ORDER NO. 11320

Ex. Ord. No. 11320, Dec. 12, 1966, 31 F.R. 15789, which delegated

to the Secretary of State the authority of the President under 22

U.S.C. 2626 to prescribe rules and regulations to carry out the

Foreign Gifts and Decorations Act of 1966, was revoked by Ex. Ord.

No. 12553, Feb. 25, 1986, 51 F.R. 7237.

EX ORD. NO. 11446. ACCEPTANCE OF SERVICE MEDALS AND RIBBONS FROM

MULTILATERAL ORGANIZATIONS OTHER THAN UNITED NATIONS

Ex. Ord. No. 11446, Jan. 16, 1969, 34 F.R. 803, as amended by Ex.

Ord. No. 13286, Sec. 62, Feb. 28, 2003, 68 F.R. 10629, provided:

By virtue of the authority vested in me as President of the

United States and as Commander in Chief of the Armed Forces of the

United States, I hereby authorize the Secretary of Defense, with

respect to members of the Army, Navy, Air Force, and Marine Corps,

and the Secretary of Homeland Security, with respect to members of

the Coast Guard when it is not operating as a service in the Navy,

to prescribe regulations for the acceptance of medals and ribbons

which are offered by multilateral organizations, other than the

United Nations, to members of the Armed Forces of the United States

in recognition of service conducted under the auspices of those

organizations. A determination that service for a multilateral

organization in a particular geographical area or for a particular

purpose constitutes a justifiable basis for authorizing acceptance

of the medal or ribbon offered to eligible members of the Armed

Forces of the United States shall be made with the concurrence of

the Secretary of State.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 31-2; title 15

section 278g; title 22 sections 2458a, 2694; title 31 section 1353.

-CITE-

5 USC SUBCHAPTER V - MISCONDUCT 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER V - MISCONDUCT

.

-HEAD-

SUBCHAPTER V - MISCONDUCT

-CITE-

5 USC Sec. 7351 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER V - MISCONDUCT

-HEAD-

Sec. 7351. Gifts to superiors

-STATUTE-

(a) An employee may not -

(1) solicit a contribution from another employee for a gift to

an official superior;

(2) make a donation as a gift or give a gift to an official

superior; or

(3) accept a gift from an employee receiving less pay than

himself.

(b) An employee who violates this section shall be subject to

appropriate disciplinary action by the employing agency or entity.

(c) Each supervising ethics office (as defined in section

7353(d)(1)) is authorized to issue regulations implementing this

section, including regulations exempting voluntary gifts or

contributions that are given or received for special occasions such

as marriage or retirement or under other circumstances in which

gifts are traditionally given or exchanged.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 527; Pub. L. 101-194,

title III, Sec. 301, Nov. 30, 1989, 103 Stat. 1745; Pub. L.

101-280, Sec. 4(a), May 4, 1990, 104 Stat. 157.)

-MISC1-

Historical and Revision Notes

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

5 U.S.C. 113. R.S. Sec. 1784.

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

The application of the section is confined to employees, since

the President and Members of Congress, though officers, could not

have been intended to be ''summarily discharged'', and members of

uniformed services are not covered by this statute. In the last

sentence, the word ''removed'' is substituted for ''summarily

discharged'' because of the provisions of the Lloyd-LaFollette Act,

37 Stat. 555, as amended, and the Veterans' Preference Act of 1944,

58 Stat. 387, as amended, which are carried into this title.

Standard changes are made to conform with the definitions

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

to the report.

AMENDMENTS

1990 - Subsec. (a)(2). Pub. L. 101-280, Sec. 4(a)(1), inserted

''or give a gift'' after ''donation as a gift''.

Subsec. (c). Pub. L. 101-280, Sec. 4(a)(2), substituted ''Each

supervising ethics office (as defined in section 7353(d)(1))'' for

''The Office of Government Ethics'' and ''circumstances in which

gifts are traditionally given or exchanged'' for ''similar

circumstances''.

1989 - Pub. L. 101-194 designated existing provisions as subsec.

(a), struck out ''An employee who violates this section shall be

removed from the service.'' at end, and added subsecs. (b) and (c).

INAPPLICABILITY TO TRANSFERS OF UNUSED ACCRUED ANNUAL LEAVE BY

FEDERAL EMPLOYEES; EXCEPTION

Pub. L. 100-284, Apr. 7, 1988, 102 Stat. 81, provided: ''That,

except as the Office of Personnel Management may by regulation

prescribe, nothing in section 7351 of title 5, United States Code,

shall apply with respect to a solicitation, donation, or acceptance

of leave under any program under which, during the fiscal year

ending on September 30, 1988, unused accrued annual leave of

officers or employees of the Federal Government may be transferred

for use by other officers or employees who need such leave due to a

personal emergency.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6340, 6367, 6391 of this

title.

-CITE-

5 USC Sec. 7352 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER V - MISCONDUCT

-HEAD-

Sec. 7352. Excessive and habitual use of intoxicants

-STATUTE-

An individual who habitually uses intoxicating beverages to

excess may not be employed in the competitive service.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 527.)

-MISC1-

Historical and Revision Notes

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

5 U.S.C. 640. Jan. 16, 1883, ch.

27, Sec. 8, 22

Stat. 406.

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

The word ''employed'' is substituted for ''appointed to, or

retained in'' because it includes both.

Standard changes are made to conform with the definitions

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

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3622.

-CITE-

5 USC Sec. 7353 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER V - MISCONDUCT

-HEAD-

Sec. 7353. Gifts to Federal employees

-STATUTE-

(a) Except as permitted by subsection (b), no Member of Congress

or officer or employee of the executive, legislative, or judicial

branch shall solicit or accept anything of value from a person -

(1) seeking official action from, doing business with, or (in

the case of executive branch officers and employees) conducting

activities regulated by, the individual's employing entity; or

(2) whose interests may be substantially affected by the

performance or nonperformance of the individual's official

duties.

(b)(1) Each supervising ethics office is authorized to issue

rules or regulations implementing the provisions of this section

and providing for such reasonable exceptions as may be appropriate.

(2)(A) Subject to subparagraph (B), a Member, officer, or

employee may accept a gift pursuant to rules or regulations

established by such individual's supervising ethics office pursuant

to paragraph (1).

(B) No gift may be accepted pursuant to subparagraph (A) in

return for being influenced in the performance of any official act.

(3) Nothing in this section precludes a Member, officer, or

employee from accepting gifts on behalf of the United States

Government or any of its agencies in accordance with statutory

authority.

(4) Nothing in this section precludes an employee of a private

sector organization, while assigned to an agency under chapter 37,

from continuing to receive pay and benefits from such organization

in accordance with such chapter.

(c) A Member of Congress or an officer or employee who violates

this section shall be subject to appropriate disciplinary and other

remedial action in accordance with any applicable laws, Executive

orders, and rules or regulations.

(d) For purposes of this section -

(1) the term ''supervising ethics office'' means -

(A) the Committee on Standards of Official Conduct of the

House of Representatives or the House of Representatives as a

whole, for Members, officers, and employees of the House of

Representatives;

(B) the Select Committee on Ethics of the Senate, or the

Senate as a whole, for Senators, officers, and employees of the

Senate;

(C) the Judicial Conference of the United States for judges

and judicial branch officers and employees;

(D) the Office of Government Ethics for all executive branch

officers and employees; and

(E) in the case of legislative branch officers and employees

other than those specified in subparagraphs (A) and (B), the

committee referred to in either such subparagraph to which

reports filed by such officers and employees under title I of

the Ethics in Government Act of 1978 are transmitted under such

title, except that the authority of this section may be

delegated by such committee with respect to such officers and

employees; and

(2) the term ''officer or employee'' means an individual

holding an appointive or elective position in the executive,

legislative, or judicial branch of Government, other than a

Member of Congress.

-SOURCE-

(Added Pub. L. 101-194, title III, Sec. 303(a), Nov. 30, 1989, 103

Stat. 1746; amended Pub. L. 101-280, Sec. 4(d), May 4, 1990, 104

Stat. 158; Pub. L. 107-347, title II, Sec. 209(g)(1)(C), Dec. 17,

2002, 116 Stat. 2932.)

-REFTEXT-

REFERENCES IN TEXT

The Ethics in Government Act of 1978, referred to in subsec.

(d)(1)(E), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as

amended. Title I of the Act, which was classified principally to

chapter 18 (Sec. 701 et seq.) of Title 2, The Congress, was amended

generally by Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989,

103 Stat. 1724, and as so amended, is set out in the Appendix to

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 101 of Pub. L. 95-521 in

the Appendix to this title and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (b)(4). Pub. L. 107-347 added par. (4).

1990 - Subsec. (a). Pub. L. 101-280, Sec. 4(d)(1)(A), substituted

''branch'' for ''branches'' in introductory provisions.

Subsec. (a)(1). Pub. L. 101-280, Sec. 4(d)(1)(B), substituted

''by, the'' for ''by the'' and ''entity'' for ''agency''.

Subsec. (c). Pub. L. 101-280, Sec. 4(d)(2), substituted ''A

Member of Congress or an officer or employee'' for ''An employee''.

Subsec. (d)(1)(B). Pub. L. 101-280, Sec. 4(d)(3)(A)(i),

substituted ''officers,'' for ''officers''.

Subsec. (d)(1)(E). Pub. L. 101-280, Sec. 4(d)(3)(A)(ii), amended

subpar. (E) generally. Prior to amendment, subpar. (E) read as

follows: ''the ethics committee with which the officer or employee

is required to file financial disclosure forms, for all legislative

branch officers and employees other than those specified in

subparagraphs (A) and (B), except that such authority may be

delegated; and''.

Subsec. (d)(2). Pub. L. 101-280, Sec. 4(d)(3)(B), substituted

''Government,'' for ''Government''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,

2002, see section 402(a) of Pub. L. 107-347, set out as an

Effective Date note under section 3601 of Title 44, Public Printing

and Documents.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7351 of this title.

-CITE-

5 USC SUBCHAPTER VI - DRUG ABUSE, ALCOHOL ABUSE, AND

ALCOHOLISM 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER VI - DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM

.

-HEAD-

SUBCHAPTER VI - DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM

-CITE-

5 USC Sec. 7361 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER VI - DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM

-HEAD-

Sec. 7361. Drug abuse

-STATUTE-

(a) The Office of Personnel Management shall be responsible for

developing, in cooperation with the President, with the Secretary

of Health and Human Services (acting through the National Institute

on Drug Abuse), and with other agencies, and in accordance with

applicable provisions of this subchapter, appropriate prevention,

treatment, and rehabilitation programs and services for drug abuse

among employees. Such agencies are encouraged to extend, to the

extent feasible, such programs and services to the families of

employees and to employees who have family members who are drug

abusers. Such programs and services shall make optimal use of

existing governmental facilities, services, and skills.

(b) Section 527 (FOOTNOTE 1) of the Public Health Service Act (42

U.S.C. 290ee-3), relating to confidentiality of records, and any

regulations prescribed thereunder, shall apply with respect to

records maintained for the purpose of carrying out this section.

(FOOTNOTE 1) See References in Text note below.

(c) Each agency shall, with respect to any programs or services

provided by such agency, submit such written reports as the Office

may require in connection with any report required under section

7363 of this title.

(d) For the purpose of this section, the term ''agency'' means an

Executive agency.

-SOURCE-

(Added Pub. L. 99-570, title VI, Sec. 6002(a)(1), Oct. 27, 1986,

100 Stat. 3207-157.)

-REFTEXT-

REFERENCES IN TEXT

Section 527 of the Public Health Service Act, referred to in

subsec. (b) and formerly classified to section 290ee-3 of Title 42,

The Public Health and Welfare, was renumbered section 548 of that

Act by Pub. L. 100-77, title VI, Sec. 611(2), July 22, 1987, 101

Stat. 516 and then omitted in the general revision of Part D of

Subchapter III-A of Chapter 6A of Title 42 by Pub. L. 102-321,

title I, Sec. 131, July 10, 1992, 106 Stat. 366. Provisions

relating to the confidentiality of patient records are now

classified to section 290dd-2 of Title 42.

-MISC2-

EDUCATIONAL PROGRAM FOR FEDERAL EMPLOYEES RELATING TO DRUG AND

ALCOHOL ABUSE

Section 6003 of Pub. L. 99-570 provided that:

''(a) Establishment. - The Director of the Office of Personnel

Management shall, in consultation with the Secretary of Health and

Human Services, establish a Government-wide education program,

using seminars and such other methods as the Director considers

appropriate, to carry out the purposes prescribed in subsection

(b).

''(b) Purposes. - The program established under this section

shall be designed to provide information to Federal Government

employees with respect to -

''(1) the short-term and long-term health hazards associated

with alcohol abuse and drug abuse;

''(2) the symptoms of alcohol abuse and drug abuse;

''(3) the availability of any prevention, treatment, or

rehabilitation programs or services relating to alcohol abuse or

drug abuse, whether provided by the Federal Government or

otherwise;

''(4) confidentiality protections afforded in connection with

any prevention, treatment, or rehabilitation programs or

services;

''(5) any penalties provided under law or regulation, and any

administrative action (permissive or mandatory), relating to the

use of alcohol or drugs by a Federal Government employee or the

failure to seek or receive appropriate treatment or

rehabilitation services; and

''(6) any other matter which the Director considers

appropriate.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7363 of this title.

-CITE-

5 USC Sec. 7362 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER VI - DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM

-HEAD-

Sec. 7362. Alcohol abuse and alcoholism

-STATUTE-

(a) The Office of Personnel Management shall be responsible for

developing, in cooperation with the Secretary of Health and Human

Services and with other agencies, and in accordance with applicable

provisions of this subpart, appropriate prevention, treatment, and

rehabilitation programs and services for alcohol abuse and

alcoholism among employees. Such agencies are encouraged to

extend, to the extent feasible, such programs and services to the

families of alcoholic employees and to employees who have family

members who are alcoholics. Such programs and services shall make

optimal use of existing governmental facilities, services, and

skills.

(b) Section 523 (FOOTNOTE 1) of the Public Health Service Act (42

U.S.C. 290dd-3), relating to confidentiality of records, and any

regulations prescribed thereunder, shall apply with respect to

records maintained for the purpose of carrying out this section.

(FOOTNOTE 1) See References in Text note below.

(c) Each agency shall, with respect to any programs or services

provided by such agency, submit such written reports as the Office

may require in connection with any report required under section

7363 of this title.

(d) For the purpose of this section, the term ''agency'' means an

Executive agency.

-SOURCE-

(Added Pub. L. 99-570, title VI, Sec. 6002(a)(1), Oct. 27, 1986,

100 Stat. 3207-157.)

-REFTEXT-

REFERENCES IN TEXT

Section 523 of the Public Health Service Act, referred to in

subsec. (b) and formerly classified to section 290dd-3 of Title 42,

The Public Health and Welfare, was renumbered section 544 of that

Act by Pub. L. 100-77, title VI, Sec. 611(2), July 22, 1987, 101

Stat. 516 and then omitted in the general revision of Part D of

Subchapter III-A of Chapter 6A of Title 42 by Pub. L. 102-321,

title I, Sec. 131, July 10, 1992, 106 Stat. 366. Provisions

relating to the confidentiality of patient records are now

classified to section 290dd-2 of Title 42.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7363 of this title.

-CITE-

5 USC Sec. 7363 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER VI - DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM

-HEAD-

Sec. 7363. Reports to Congress

-STATUTE-

(a) The Office of Personnel Management shall, within 6 months

after the date of the enactment of the Federal Employee Substance

Abuse Education and Treatment Act of 1986 and annually thereafter,

submit to each House of Congress a report containing the matters

described in subsection (b).

(b) Each report under this section shall include -

(1) a description of any programs or services provided under

section 7361 or 7362 of this title, including the costs

associated with each such program or service and the source and

adequacy of any funding (FOOTNOTE 1) such program or service;

(FOOTNOTE 1) So in original. Probably should be followed by

''of''.

(2) a description of the levels of participation in each

program and service provided under section 7361 or 7362 of this

title, and the effectiveness of such programs and services;

(3) a description of the training and qualifications required

of the personnel providing any program or service under section

7361 or 7362 of this title;

(4) a description of the training given to supervisory

personnel in connection with recognizing the symptoms of drug or

alcohol abuse and the procedures (including those relating to

confidentiality) under which individuals are referred for

treatment, rehabilitation, or other assistance;

(5) any recommendations for legislation considered appropriate

by the Office and any proposed administrative actions; and

(6) information describing any other related activities under

section 7904 of this title, and any other matter which the Office

considers appropriate.

-SOURCE-

(Added Pub. L. 99-570, title VI, Sec. 6002(a)(1), Oct. 27, 1986,

100 Stat. 3207-158.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Federal Employee Substance Abuse

Education and Treatment Act of 1986, referred to in subsec. (a), is

the date of enactment of title VI of Pub. L. 99-570 which was

approved Oct. 27, 1986.

-MISC2-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in this section, see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance, and page 187 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7361, 7362 of this title.

-CITE-

5 USC SUBCHAPTER VII - MANDATORY REMOVAL FROM EMPLOYMENT

OF CONVICTED LAW ENFORCEMENT OFFICERS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER VII - MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW

ENFORCEMENT OFFICERS

.

-HEAD-

SUBCHAPTER VII - MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW

ENFORCEMENT OFFICERS

-CITE-

5 USC Sec. 7371 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT

SUBCHAPTER VII - MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW

ENFORCEMENT OFFICERS

-HEAD-

Sec. 7371. Mandatory removal from employment of law enforcement

officers convicted of felonies

-STATUTE-

(a) In this section, the term -

(1) ''conviction notice date'' means the date on which an

agency that employs a law enforcement officer has notice that the

officer has been convicted of a felony that is entered by a

Federal or State court, regardless of whether that conviction is

appealed or is subject to appeal; and

(2) ''law enforcement officer'' has the meaning given that term

under section 8331(20) or 8401(17).

(b) Any law enforcement officer who is convicted of a felony

shall be removed from employment as a law enforcement officer on

the last day of the first applicable pay period following the

conviction notice date.

(c)(1) This section does not prohibit the removal of an

individual from employment as a law enforcement officer before a

conviction notice date if the removal is properly effected other

than under this section.

(2) This section does not prohibit the employment of any

individual in any position other than that of a law enforcement

officer.

(d) If the conviction is overturned on appeal, the removal shall

be set aside retroactively to the date on which the removal

occurred, with back pay under section 5596 for the period during

which the removal was in effect, unless the removal was properly

effected other than under this section.

(e)(1) If removal is required under this section, the agency

shall deliver written notice to the employee as soon as

practicable, and not later than 5 calendar days after the

conviction notice date. The notice shall include a description of

the specific reasons for the removal, the date of removal, and the

procedures made applicable under paragraph (2).

(2) The procedures under section 7513(b)(2), (3), and (4), (c),

(d), and (e) shall apply to any removal under this section. The

employee may use the procedures to contest or appeal a removal, but

only with respect to whether -

(A) the employee is a law enforcement officer;

(B) the employee was convicted of a felony; or

(C) the conviction was overturned on appeal.

(3) A removal required under this section shall occur on the date

specified in subsection (b) regardless of whether the notice

required under paragraph (1) of this subsection and the procedures

made applicable under paragraph (2) of this subsection have been

provided or completed by that date.

-SOURCE-

(Added Pub. L. 106-554, Sec. 1(a)(3) (title VI, Sec. 639(a)), Dec.

21, 2000, 114 Stat. 2763, 2763A-168.)

-MISC1-

EFFECTIVE DATE

Pub. L. 106-554, Sec. 1(a)(3) (title VI, Sec. 639(c)), Dec. 21,

2000, 114 Stat. 2763, 2763A-168, provided that: ''The amendments

made by this section (enacting this subchapter) shall take effect

30 days after the date of enactment of this Act (Dec. 21, 2000) and

shall apply to any conviction of a felony entered by a Federal or

State court on or after that date.''

-CITE-