dreamproit/uscode huggingface dataset:
5 U.S.C. § 1301 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1301. Rules
The Office of Personnel Management shall aid the President, as he may request, in preparing the rules he prescribes under this title for the administration of the competitive service.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 633(1) (function of Civil Service Commission).
Jan. 16, 1883, ch. 27, § 2(1) (function of Civil Service Commission), 22 Stat. 403.
The authority of the President to prescribe rules is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of 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.
heading: Amendments
text: 1978—Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
heading: Effective Date of 1978 Amendment
text: 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.
5 U.S.C. § 1303 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1303. Investigations; reports
The Office of Personnel Management, Merit Systems Protection Board, and Special Counsel may investigate and report on matters concerning—
(1) the enforcement and effect of the rules prescribed by the President under this title for the administration of the competitive service and the regulations prescribed by the Office of Personnel Management under section 1302(a) of this title; and
(2) the action of an examiner, a board of examiners, and other employees concerning the execution of the provisions of this title that relate to the administration of the competitive service.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95–454, title IX, § 906(a)(4), (11), Oct. 13, 1978, 92 Stat. 1225.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 633(4).
Jan. 16, 1883, ch. 27, § 2(4), 22 Stat. 404.
The authority of the President to prescribe rules is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of this title.
In paragraph (2), the words “in respect to the execution of this act” are changed to “concerning the execution of the provisions of this title that relate to the administration of the competitive service” to avoid having to refer in the text to the sections of this title into which the Civil Service Act, the act referred to, is codified. These sections are: 1101, 1102, 1105, 1302(a), 1303, 1307, 1308(a)(1), 2102, 2951, 3302, 3303, 3304(a), (d), 3305(a), 3306, 3318(a), 3319(a), 3321, 7152, 7153, 7321, 7322, and 7352. The words “the provisions of this title that relate to the administration of the competitive service” will include some of the sections derived from the Veterans’ Preference Act of 1944 (former sections 851–869). They are based in part on former section 860 (codified in § 1302(c)). The authorization in that section to make and enforce regulations for the competitive service would include the authority to investigate and report. The words “and other employees” are substituted for “and its own subordinates, and those in the public service” in view of the definition of “employee” in section 2105.
Standard changes are made to conform with the definition applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1978—Pub. L. 95–454 substituted in opening par. “Office of Personnel Management, Merit Systems Protection Board, and Special Counsel” for “Civil Service Commission” and in par. (1) “Office of Personnel Management” for “Commission”.
heading: Effective Date of 1978 Amendment
text: 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.
5 U.S.C. § 1306 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1306. Oaths to witnesses
The Director of the Office of Personnel Management and authorized representatives of the Director may administer oaths to witnesses in matters pending before the Office.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 402; Pub. L. 95–454, title IX, § 906(a)(13), Oct. 13, 1978, 92 Stat. 1226.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 634.
Aug. 23, 1912, ch. 350, § 1 (last par. under “Civil Service Commission”), 37 Stat. 372.
[Uncodified].
1949 Reorg. Plan No. 5, § 2(c), eff. Aug. 19, 1949, 63 Stat. 1069.
The section is rewritten to reflect expansion of authority of the Commission to include its Chairman under section 2(c) of 1949 Reorg. Plan No. 5.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1978—Pub. L. 95–454 substituted provisions respecting powers of the Director of the Office of Personnel Management in administering oaths in matters before the Office for provisions respecting powers of the Chairman of the Civil Service Commission and each Commissioner in administering oaths in matters before the Commission.
heading: Effective Date of 1978 Amendment
text: 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.
5 U.S.C. § 1307 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1307. Minutes
The Civil Service Commission shall keep minutes of its proceedings.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 402.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 633(3) (last 10 words).
Jan. 16, 1883, ch. 27, § 2(3) (last 10 words), 22 Stat. 404.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Transfer of Functions
text: Functions vested by statute in United States Civil Service Commission transferred to Director of Office of Personnel Management (except as otherwise specified) by Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of this title, effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of this title.
5 U.S.C. § 1308 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
[§ 1308. Repealed. Pub. L. 105–362, title XIII, § 1302(b)(1), Nov. 10, 1998, 112 Stat. 3293]
text: Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 402; Pub. L. 91–93, title I, § 104, Oct. 20, 1969, 83 Stat. 138; Pub. L. 93–156, Nov. 21, 1973, 87 Stat. 623; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(3), Aug. 14, 1979, 93 Stat. 381; Pub. L. 96–470, title I, § 121, Oct. 19, 1980, 94 Stat. 2241, required annual reports on operation of subchapter III of chapter 83 of this title and chapters 87 and 89 of this title.
5 U.S.C. § 1401 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1401. Establishment of agency Chief Human Capital Officers
The head of each agency referred to under paragraphs (1) and (2) of section 901(b) of title 31 shall appoint or designate a Chief Human Capital Officer, who shall—
(1) advise and assist the head of the agency and other agency officials in carrying out the agency’s responsibilities for selecting, developing, training, and managing a high-quality, productive workforce in accordance with merit system principles;
(2) implement the rules and regulations of the President and the Office of Personnel Management and the laws governing the civil service within the agency; and
(3) carry out such functions as the primary duty of the Chief Human Capital Officer.
(Added Pub. L. 107–296, title XIII, § 1302(a), Nov. 25, 2002, 116 Stat. 2287.)
heading: Effective Date
text: Chapter effective 180 days after Nov. 25, 2002, see section 1305 of Pub. L. 107–296, set out as an Effective Date of 2002 Amendment note under section 1103 of this title.
heading: Chief Human Capital Officers Council
text: Pub. L. 107–296, title XIII, § 1303, Nov. 25, 2002, 116 Stat. 2288, provided that:
“(a) Establishment.—
There is established a Chief Human Capital Officers Council, consisting of—
“(1) the Director of the Office of Personnel Management, who shall act as chairperson of the Council;
“(2) the Deputy Director for Management of the Office of Management and Budget, who shall act as vice chairperson of the Council; and
“(3) the Chief Human Capital Officers of Executive departments and any other members who are designated by the Director of the Office of Personnel Management.
“(b) Functions.—
The Chief Human Capital Officers Council shall meet periodically to advise and coordinate the activities of the agencies of its members on such matters as modernization of human resources systems, improved quality of human resources information, and legislation affecting human resources operations and organizations.
“(c) Employee Labor Organizations at Meetings.—
The Chief Human Capital Officers Council shall ensure that representatives of Federal employee labor organizations are present at a minimum of 1 meeting of the Council each year. Such representatives shall not be members of the Council.
“(d) Annual Report.—
Each year the Chief Human Capital Officers Council shall submit a report to Congress on the activities of the Council.”
5 U.S.C. § 1402 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1402. Authority and functions of agency Chief Human Capital Officers
(a) The functions of each Chief Human Capital Officer shall include—
(1) setting the workforce development strategy of the agency;
(2) assessing workforce characteristics and future needs based on the agency’s mission and strategic plan;
(3) aligning the agency’s human resources policies and programs with organization mission, strategic goals, and performance outcomes;
(4) developing and advocating a culture of continuous learning to attract and retain employees with superior abilities;
(5) identifying best practices and benchmarking studies,1 and
(6) applying methods for measuring intellectual capital and identifying links of that capital to organizational performance and growth.
(b) In addition to the authority otherwise provided by this section, each agency Chief Human Capital Officer—
(1) shall have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material that—
(A) are the property of the agency or are available to the agency; and
(B) relate to programs and operations with respect to which that agency Chief Human Capital Officer has responsibilities under this chapter; and
(2) may request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this chapter from any Federal, State, or local governmental entity.
(Added Pub. L. 107–296, title XIII, § 1302(a), Nov. 25, 2002, 116 Stat. 2288.)
5 U.S.C. § 1503 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1503. Nonpartisan candidacies permitted
Section 1502(a)(3) of this title does not prohibit any State or local officer or employee from being a candidate in any election if none of the candidates is to be nominated or elected at such election as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 404; Pub. L. 93–443, title IV, § 401(b)(1), Oct. 15, 1974, 88 Stat. 1290.)
text: Historical and Revision Notes
Derivation
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Revised Statutes and
Statutes at Large
5 U.S.C. 118n (as applicable to 5 U.S.C. 118k(a)).
July 19, 1940, ch. 640, § 4 “Sec. 18 (as applicable to § 12 of the Act of Aug. 2, 1939; added July 19, 1940, ch. 640, § 4, 54 Stat. 767)”, 54 Stat. 772.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1974—Pub. L. 93–443 substituted “candidacies” for “political activity” in section catchline and provision permitting nonpartisan candidacies for prior provision permitting political activity in connection with (1) an election and the preceding campaign if none of the candidates was to be nominated or elected at that election as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected, or (2) a question which was not specifically identified with a National or State political party and deeming questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similar character as not specifically identified with a National or State political party.
heading: Effective Date of 1974 Amendment
text: Amendment by Pub. L. 93–443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as a note under section 431 of Title 2, The Congress.
5 U.S.C. § 1504 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1504. Investigations; notice of hearing
When a Federal agency charged with the duty of making a loan or grant of funds of the United States for use in an activity by a State or local officer or employee has reason to believe that the officer or employee has violated section 1502 of this title, it shall report the matter to the Special Counsel. On receipt of the report or on receipt of other information which seems to the Special Counsel to warrant an investigation, the Special Counsel shall investigate the report and such other information and present his findings and any charges based on such findings to the Merit Systems Protection Board, which shall—
(1) fix a time and place for a hearing; and
(2) send, by registered or certified mail, to the officer or employee charged with the violation and to the State or local agency employing him a notice setting forth a summary of the alleged violation and giving the time and place of the hearing.
The hearing may not be held earlier than 10 days after the mailing of the notice.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 405; Pub. L. 95–454, title IX, § 906(a)(7), Oct. 13, 1978, 92 Stat. 1225.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 118k(b) (1st and 2d sentences, and 4th through 17th words of 3d sentence).
July 19, 1940, ch. 640 § 4 “Sec. 12(b) (1st and 2d sentences, and 4th through 17th words of 3d sentence)”, 54 Stat. 768.
June 11, 1960, Pub. L. 86–507, § 1(1), 74 Stat. 200.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1978—Pub. L. 95–454 substituted provisions respecting the functions of the Special Counsel and the Merit Systems Protection Board for provisions respecting the functions of the Civil Service Commission.
heading: Effective Date of 1978 Amendment
text: 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.
5 U.S.C. § 1505 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1505. Hearings; adjudications; notice of determinations
Either the State or local officer or employee or the State or local agency employing him, or both, are entitled to appear with counsel at the hearing under section 1504 of this title, and be heard. After this hearing, the Merit Systems Protection Board shall—
(1) determine whether a violation of section 1502 of this title has occurred;
(2) determine whether the violation warrants the removal of the officer or employee from his office or employment; and
(3) notify the officer or employee and the agency of the determination by registered or certified mail.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 405; Pub. L. 95–454, title IX, § 906(a)(6), Oct. 13, 1978, 92 Stat. 1225.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 118k(b) (3d sentence, less 4th, through 17th words, and 4th sentence).
July 19, 1940, ch. 640, § 4 “Sec. 12(b) (3d sentence, less 4th through 17th words, and 4th sentence)”, 54 Stat. 768.
June 11, 1960, Pub. L. 86–507, § 1(1), 74 Stat. 200.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1978—Pub. L. 95–454 substituted “Merit Systems Protection Board” for “Civil Service Commission”.
heading: Effective Date of 1978 Amendment
text: 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.
5 U.S.C. § 2101a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 2101a. The Senior Executive Service
The “Senior Executive Service” consists of Senior Executive Service positions (as defined in section 3132(a)(2) of this title).
(Added Pub. L. 95–454, title IV, § 401(a), Oct. 13, 1978, 92 Stat. 1154.)
heading: Effective Date
text: Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as a note under section 3131 of this title.
5 U.S.C. § 2103 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 2103. The excepted service
(a) For the purpose of this title, the “excepted service” consists of those civil service positions which are not in the competitive service or the Senior Executive Service.
(b) As used in other Acts of Congress, “unclassified civil service” or “unclassified service” means the “excepted service”.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408; Pub. L. 95–454, title IV, § 401(c), Oct. 13, 1978, 92 Stat. 1154.)
heading: Historical and Revision Notes
text: The section is supplied for convenience. The “excepted service” has come to mean all employees not in the competitive service, for whatever reason.
heading: Amendments
text: 1978—Subsec. (a). Pub. L. 95–454 inserted reference to Senior Executive Service.
heading: Effective Date of 1978 Amendment
text: Amendment by Pub. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
5 U.S.C. § 2104 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 2104. Officer
(a) For the purpose of this title, “officer”, except as otherwise provided by this section or when specifically modified, means a justice or judge of the United States and an individual who is—
(1) required by law to be appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a court of the United States;
(C) the head of an Executive agency; or
(D) the Secretary of a military department;
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an authority named by paragraph (1) of this section, or the Judicial Conference of the United States, while engaged in the performance of the duties of his office.
(b) Except as otherwise provided by law, an officer of the United States Postal Service or of the Postal Regulatory Commission is deemed not an officer for purposes of this title.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408; Pub. L. 91–375, § 6(c)(3), Aug. 12, 1970, 84 Stat. 775; Pub. L. 109–435, title VI, § 604(b), Dec. 20, 2006, 120 Stat. 3241.)
heading: Historical and Revision Notes
text: The section is supplied for convenience.
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
1970—Subsec. (a). Pub. L. 91–375, § 6(c)(3)(A), (B), designated existing provisions as subsec. (a) and inserted in introductory text “as otherwise provided by this section or” after “except”.
Subsec. (b). Pub. L. 91–375, § 6(c)(3)(C), added subsec. (b).
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
5 U.S.C. § 2106 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 2106. Member of Congress
For the purpose of this title, “Member of Congress” means the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 409; Pub. L. 91–405, title II, § 204(b), Sept. 22, 1970, 84 Stat. 852; Pub. L. 96–54, § 2(a)(7), Aug. 14, 1979, 93 Stat. 381.)
heading: Historical and Revision Notes
text: The section is supplied to avoid the necessity of defining “Member of Congress” each time the term is used in this title.
heading: Amendments
text: 1979—Pub. L. 96–54 substituted “to the House of Representatives” for “from the District of Columbia”.
1970—Pub. L. 91–405 included Delegate from District of Columbia.
heading: Effective Date of 1979 Amendment
text: Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91–405, set out as an Effective Date note under section 25a of Title 2, The Congress.
5 U.S.C. § 2108a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 2108a. Treatment of certain individuals as veterans, disabled veterans, and preference eligibles
(a) Veteran.—
(1) In general.—
Except as provided under paragraph (3),1 an individual shall be treated as a veteran defined under section 2108(1) for purposes of making an appointment in the competitive service, if the individual—
(A) meets the definition of a veteran under section 2108(1), except for the requirement that the individual has been discharged or released from active duty in the armed forces under honorable conditions; and
(B) submits a certification described under paragraph (2) to the Federal officer making the appointment.
(2) Certification.—
A certification referred to under paragraph (1) is a certification that the individual is expected to be discharged or released from active duty in the armed forces under honorable conditions not later than 120 days after the date of the submission of the certification.
(b) Disabled Veteran.—
(1) In general.—
Except as provided under paragraph (3),1 an individual shall be treated as a disabled veteran defined under section 2108(2) for purposes of making an appointment in the competitive service, if the individual—
(A) meets the definition of a disabled veteran under section 2108(2), except for the requirement that the individual has been separated from active duty in the armed forces under honorable conditions; and
(B) submits a certification described under paragraph (2) to the Federal officer making the appointment.
(2) Certification.—
A certification referred to under paragraph (1) is a certification that the individual is expected to be separated from active duty in the armed forces under honorable conditions not later than 120 days after the date of the submission of the certification.
(c) Preference Eligible.—
Subsections (a) and (b) shall apply with respect to determining whether an individual is a preference eligible under section 2108(3) for purposes of making an appointment in the competitive service.
(Added Pub. L. 112–56, title II, § 235(a)(1), Nov. 21, 2011, 125 Stat. 722.)