-CITE-
    5 USC CHAPTER 73 - SUITABILITY, SECURITY, AND CONDUCT       01/03/2007

-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.                             
    7302.       Post-employment notification.                         

                  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      Repealed.]                                            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                            
      2003 - Pub. L. 108-136, div. A, title XI, Sec. 1125(b)(3), Nov.
    24, 2003, 117 Stat. 1640, added item 7302.
      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.

-End-


-CITE-
    5 USC SUBCHAPTER I - REGULATION OF CONDUCT                  01/03/2007

-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               

-End-



-CITE-
    5 USC Sec. 7301                                             01/03/2007

-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                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 631 (last       R.S. Sec. 1753 (last 16     
                     16 words).               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.


-MISC2-
    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.

      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of
    Title 50, War and National Defense.]

     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 [now
    Government Accountability 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.

                         EXECUTIVE ORDER NO. 12820                     
      Ex. Ord. No. 12820, Nov. 5, 1992, 57 F.R. 53429, which
    facilitated Federal employees' participation in community service
    activities, was revoked by Ex. Ord. No. 13401, Sec. 3(b), Apr. 27,
    2006, 71 F.R. 25738.

                         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 [see
    Short Title note set out under section 2671 of Title 28, Judiciary
    and Judicial Procedure].
      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.

      EX. ORD. NO. 13401. RESPONSIBILITIES OF FEDERAL DEPARTMENTS AND
           AGENCIES WITH RESPECT TO VOLUNTEER COMMUNITY SERVICE
      Ex. Ord. No. 13401, Apr. 27, 2006, 71 F.R. 25737, 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 help
    ensure that the Federal Government supports and encourages
    volunteer community service, it is hereby ordered as follows:
      Section 1. Designation of a Liaison for Volunteer Community
    Service. (a) The head of each agency shall, within 20 days after
    the date of this order, designate an officer or employee of such
    agency compensated at a level at or above the minimum level of pay
    of a member of the Senior Executive Service to serve under the
    authority of the head of the agency as the agency liaison for
    volunteer community service (Liaison).
      (b) The Liaison in each agency shall promote and support
    community service on a voluntary basis among Federal employees,
    including those approaching retirement; promote the use of skilled
    volunteers; and facilitate public recognition for volunteer
    community service.
      (c) The head of each agency shall prescribe arrangements within
    the agency for support and supervision of the Liaison that ensure
    high priority and substantial visibility for the function of the
    Liaison within the agency under this order.
      (d) Each executive agency shall provide its Liaison with
    appropriate administrative support and other resources to meet the
    responsibilities of the Liaison under this order.
      Sec. 2. Goals and Responsibilities of the Liaison. The Liaison
    shall foster within the Liaison's agency a culture of taking
    responsibility, service to others, and good citizenship. Toward
    that end, the Liaison shall:
      (a) identify, catalog, and review all activities of the agency
    that relate to volunteer community service, including, but not
    limited to rules, orders, grant programs, external relations, and
    other policies and practices, and make such recommendations to the
    head of the agency for adjustments as may be appropriate;
      (b) actively work with USA Freedom Corps to promote volunteer
    community service among agency employees by providing information
    about community service opportunities;
      (c) coordinate within the agency actions to facilitate public
    recognition for volunteer community service;
      (d) promote, expand, and enhance skilled volunteer community
    service opportunities;
      (e) work with the USA Freedom Corps and the Director of the
    Office of Personnel Management (OPM) to consider any appropriate
    changes in agency policies or practices that are not currently
    consistent with OPM guidance;
      (f) coordinate the awarding of the President's Volunteer Service
    Award to recognize outstanding volunteer service by employees
    within the agency; and
      (g) act as a liaison with the USA Freedom Corps.
      Sec. 3. Administrative Provisions. (a) The USA Freedom Corps
    shall provide such information with respect to volunteer community
    service programs and activities and such advice and assistance as
    may be required by agencies in performing their functions under
    this order.
      (b) Executive Order 12820 of November 5, 1992, is revoked.
      (c) This order shall be implemented consistent with applicable
    law and subject to the availability of appropriations.
      (d) As used in this order:
        (i) "agency" has the meaning of "executive agency" as defined
      in section 105 of title 5, United States Code; and
        (ii) "USA Freedom Corps" means the Director of the USA Freedom
      Corps Office established by section 4 of Executive Order 13254 of
      January 29, 2002.
      Sec. 4. Reporting Provisions. (a) Not later than 180 days from
    the date of this order and annually thereafter, each agency Liaison
    shall prepare and submit a report to the USA Freedom Corps that
    includes a description of the agency's activities in performing its
    functions under this order.
      (b) A Liaison's first report under subsection (a) shall include
    annual performance indicators and measurable objectives for agency
    action approved by the head of the agency. Each report filed
    thereafter under subsection (a) shall measure the agency's
    performance against the indicators and objectives approved by the
    head of the agency.
      Sec. 5. Judicial Review. This order is not intended to, and does
    not, create any right or benefit, substantive or procedural,
    enforceable by any party at law or in equity against the United
    States, its departments, agencies, entities, officers, employees,
    or agents, or any other person.
                                                         George W. Bush.

-End-



-CITE-
    5 USC Sec. 7302                                             01/03/2007

-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. 7302. Post-employment notification

-STATUTE-
      (a) Not later than the effective date of the amendments made by
    section 1106 of the National Defense Authorization Act for Fiscal
    Year 2004,(!1) or 180 days after the date of the enactment of that
    Act, whichever is later, the Office of Personnel Management shall,
    in consultation with the Attorney General and the Office of
    Government Ethics, promulgate regulations requiring that each
    Executive branch agency notify any employee of that agency who is
    subject to the provisions of section 207(c)(1) of title 18, as a
    result of the amendment to section 207(c)(2)(A)(ii) of that title
    by that Act.

      (b) The regulations shall require that notice be given before, or
    as part of, the action that affects the employee's coverage under
    section 207(c)(1) of title 18, by virtue of the provisions of
    section 207(c)(2)(A)(ii) of that title, and again when employment
    or service in the covered position is terminated.

-SOURCE-
    (Added Pub. L. 108-136, div. A, title XI, Sec. 1125(b)(2), Nov. 24,
    2003, 117 Stat. 1639.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of the amendments made by section 1106 of the
    National Defense Authorization Act for Fiscal Year 2004, referred
    to in subsec. (a), probably means the effective date of the
    amendments made by section 1125 of the National Defense
    Authorization Act for Fiscal Year 2004, Pub. L. 108-136, which
    enacted this section. Pub. L. 108-136 does not contain a section
    1106, and the provisions appearing in section 1106 of H.R. 1588,
    the National Defense Authorization Act for Fiscal Year 2004, as
    passed by the House of Representatives on May 22, 2003, were
    contained in section 1125 of Pub. L. 108-136. For effective date of
    amendments made by section 1125 of Pub. L. 108-136, see section
    1125(c) of Pub. L. 108-136, set out as an Effective Date of 2003
    Amendment note under section 5304 of this title.
      The date of the enactment of that Act, referred to in subsec.
    (a), is the date of enactment of the National Defense Authorization
    Act for Fiscal Year 2004, Pub. L. 108-136, which was approved Nov.
    24, 2003.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective on first day of first pay period beginning on
    or after Jan. 1, 2004, see section 1125(c)(1) of Pub. L. 108-136,
    set out as an Effective Date of 2003 Amendment note under section
    5304 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    5 USC SUBCHAPTER II - EMPLOYMENT LIMITATIONS                01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7311                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7312                                             01/03/2007

-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. 803,     
                     and 5th provisos).       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.

-End-



-CITE-
    5 USC Sec. 7313                                             01/03/2007

-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."

-End-


-CITE-
    5 USC SUBCHAPTER III - POLITICAL ACTIVITIES                 01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7321                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7322                                             01/03/2007

-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 Government
        Accountability 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;
    amended Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)


-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.

                                AMENDMENTS                            
      2004 - Par. (1)(A). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".

-End-



-CITE-
    5 USC Sec. 7323                                             01/03/2007

-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;
          (XIII) the National Geospatial-Intelligence Agency; or
          (XIV) the Office of the Director of National Intelligence; 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 or National Security
    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; Pub. L. 108-136, div. A, title IX, Sec. 921(g), Nov.
    24, 2003, 117 Stat. 1570; Pub. L. 108-458, title I, Sec. 1079(a),
    Dec. 17, 2004, 118 Stat. 3695; Pub. L. 109-177, title V, Sec.
    506(b)(2), Mar. 9, 2006, 120 Stat. 249.)

-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.


-MISC1-
                             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                            
      2006 - Subsec. (b)(3). Pub. L. 109-177 inserted "or National
    Security Division" after "Criminal Division".
      2004 - Subsec. (b)(2)(B)(i)(XIV). Pub. L. 108-458 added subcl.
    (XIV).
      2003 - Subsec. (b)(2)(B)(i)(XIII). Pub. L. 108-136 substituted
    "National Geospatial-Intelligence Agency" for "National Imagery and
    Mapping Agency".
      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 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of Title 50, War and National Defense.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out as an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    Title 50, War and National Defense.

                     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 and
    section 599A(c)(1) of Title 28, Judiciary and Judicial Procedure.

-End-



-CITE-
    5 USC Sec. 7324                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7325                                             01/03/2007

-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)".

-End-



-CITE-
    5 USC Sec. 7326                                             01/03/2007

-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.

-End-


-CITE-
    5 USC SUBCHAPTER IV - FOREIGN GIFTS AND DECORATIONS         01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7341                                             01/03/2007

-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.

-MISC1-
    [Sec. 7341. Repealed. Pub. L. 90-83, Sec. 1(45)(B), Sept. 11, 1967,
      81 Stat. 208].
      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.

-End-



-CITE-
    5 USC Sec. 7342                                             01/03/2007

-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 Regulatory 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)(A) In transmitting such listings for the Central Intelligence
    Agency, the Director of the Central Intelligence Agency 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.
      (B) In transmitting such listings for the Office of the Director
    of National Intelligence, the Director of National 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; Pub. L. 108-458, title I, Sec. 1079(b), Dec. 17, 2004, 118
    Stat. 3696; Pub. L. 109-435, title VI, Sec. 604(b), Dec. 20, 2006,
    120 Stat. 3241.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Section of       Source (U.S.Code)       Source (Statutes at Large) 
       title 5                                                           
    --------------------------------------------------------------------
    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                            
      2006 - Subsec. (a)(1)(A). Pub. L. 109-435 substituted "Postal
    Regulatory Commission" for "Postal Rate Commission".
      2004 - Subsec. (f)(4). Pub. L. 108-458 designated existing
    provisions as subpar. (A), substituted "the Director of the Central
    Intelligence Agency" for "the Director of Central Intelligence",
    and added subpar. (B).
      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 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of Title 50, War and National Defense.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out as an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    Title 50, War and National Defense.

                     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.


-MISC3-
       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.

-End-


-CITE-
    5 USC SUBCHAPTER V - MISCONDUCT                             01/03/2007

-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                     

-End-



-CITE-
    5 USC Sec. 7351                                             01/03/2007

-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."

-End-



-CITE-
    5 USC Sec. 7352                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7353                                             01/03/2007

-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.


-MISC1-
                                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.

-End-


-CITE-
    5 USC SUBCHAPTER VI - DRUG ABUSE, ALCOHOL ABUSE, AND
           ALCOHOLISM                                      01/03/2007

-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     

-End-



-CITE-
    5 USC Sec. 7361                                             01/03/2007

-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 (!1) of the Public Health Service Act (42 U.S.C.
    290ee-3), relating to confidentiality of records, and any
    regulations prescribed thereunder, shall apply with respect to
    records maintained for the purpose of carrying out this section.

      (c) Each agency shall, with respect to any programs or services
    provided by such agency, submit such written reports as the Office
    may require in connection with any report required under section
    7363 of this title.
      (d) For the purpose of this section, the term "agency" means an
    Executive agency.

-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.


-MISC1-
      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."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    5 USC Sec. 7362                                             01/03/2007

-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 (!1) of the Public Health Service Act (42 U.S.C.
    290dd-3), relating to confidentiality of records, and any
    regulations prescribed thereunder, shall apply with respect to
    records maintained for the purpose of carrying out this section.

      (c) Each agency shall, with respect to any programs or services
    provided by such agency, submit such written reports as the Office
    may require in connection with any report required under section
    7363 of this title.
      (d) For the purpose of this section, the term "agency" means an
    Executive agency.

-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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    5 USC Sec. 7363                                             01/03/2007

-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 (!1) such program or service;

        (2) a description of the levels of participation in each
      program and service provided under section 7361 or 7362 of this
      title, and the effectiveness of such programs and services;
        (3) a description of the training and qualifications required
      of the personnel providing any program or service under section
      7361 or 7362 of this title;
        (4) a description of the training given to supervisory
      personnel in connection with recognizing the symptoms of drug or
      alcohol abuse and the procedures (including those relating to
      confidentiality) under which individuals are referred for
      treatment, rehabilitation, or other assistance;
        (5) any recommendations for legislation considered appropriate
      by the Office and any proposed administrative actions; and
        (6) information describing any other related activities under
      section 7904 of this title, and any other matter which the Office
      considers appropriate.

-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.


-MISC1-
                   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.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "of".


-End-


-CITE-
    5 USC SUBCHAPTER VII - MANDATORY REMOVAL FROM EMPLOYMENT
           OF CONVICTED LAW ENFORCEMENT OFFICERS           01/03/2007

-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

-End-



-CITE-
    5 USC Sec. 7371                                             01/03/2007

-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."

-End-