dreamproit/uscode huggingface dataset:
5 U.S.C. § 2954 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 2954. Information to committees of Congress on request
An Executive agency, on request of the Committee on Government Operations of the House of Representatives, or of any seven members thereof, or on request of the Committee on Governmental Affairs of the Senate, or any five members thereof, shall submit any information requested of it relating to any matter within the jurisdiction of the committee.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 413; Pub. L. 103–437, § 3(b), Nov. 2, 1994, 108 Stat. 4581.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 105a.
May 29, 1928, ch. 901, § 2, 45 Stat. 996.
The words “Executive agency” are substituted for “executive department and independent establishment” in view of the definition of “Executive agency” in section 105.
The words “Committee on Government Operations of the House of Representatives” are substituted for “Committee on Expenditures in the Executive Departments of the House of Representatives” on authority of H. Res. 647 of the 82d Congress, adopted July 3, 1952.
The words “Committee on Government Operations of the Senate” are substituted for “Committee on Expenditures in the Executive Departments of the Senate” on authority of S. Res. 280 of the 82d Congress, adopted Mar. 3, 1952.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1994—Pub. L. 103–437 substituted “Committee on Governmental Affairs of the Senate” for “Committee on Government Operations of the Senate”.
heading: Change of Name
text: Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note under section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
5 U.S.C. § 3103 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3103. Employment at seat of Government only for services rendered
An individual may be employed in the civil service in an Executive department at the seat of Government only for services actually rendered in connection with and for the purposes of the appropriation from which he is paid. An individual who violates this section shall be removed from the service.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 415.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 46.
Aug. 5, 1882, ch. 389, § 4 (less 255th through 316th words), 22 Stat. 255.
Sept. 23, 1950, ch. 1010, § 7, 64 Stat. 986.
5 U.S.C. 47 (so much as relates to removal).
Aug. 23, 1912, ch. 350, § 5 (so much as relates to removal), 37 Stat. 414.
The words “civil officer, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee” are omitted as obsolete language and “individual” is substituted therefor. The words “in the civil service” are added to preserve the application of former section 46 to civilian employees. The words “or subordinate bureaus or offices thereof” are omitted as surplusage. The words “and at the rate of pay usual and proper for the services” are omitted as surplusage since all pay rates are governed by statute.
All after the 75th words of section 4 of the Act of Aug. 5, 1882, as amended by section 7(b) of the Act of Sept. 23, 1950, except the 255th through 316th words, are omitted as executed. The 255th through 296th words are scheduled for repeal as superseded (see Table II–b), and the 297th through 316th words are codified in section 5501. The Act of Aug. 15, 1876, ch. 287, § 5, 19 Stat. 169, cited as authority for former section 46 was repealed by section 7(a) of the Act of Sept. 23, 1950.
In the last sentence, the word “removed” is substituted for “summarily removed” 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.
5 U.S.C. § 3106 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3106. Employment of attorneys; restrictions
Except as otherwise authorized by law, the head of an Executive department or military department may not employ an attorney or counsel for the conduct of litigation in which the United States, an agency, or employee thereof is a party, or is interested, or for the securing of evidence therefor, but shall refer the matter to the Department of Justice. This section does not apply to the employment and payment of counsel under section 1037 of title 10.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 415.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 49.
R.S. § 189.
Sept. 2, 1958, Pub. L. 85–861, § 7(a), 72 Stat. 1555.
5 U.S.C. 314.
R.S. § 365.
Sept. 2, 1958, Pub. L. 85–861, § 7(b), 72 Stat. 1555.
Sections 189 and 365 of the Revised Statutes, as amended, are combined and the section is revised to express the effect of the law since department heads have long employed, with the approval of Congress, attorneys to advise them in the conduct of their official duties. The law which concentrates the authority for the conduct of litigation in the Department of Justice is codified in section 516 of title 28 by this bill.
The words “Executive department” are substituted for “department” as the definition of “department” applicable to R.S. § 189 is coextensive with the definition of “Executive department” in section 101. The words “or military department” are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser’s note for section 301.
R.S. § 189 was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 1, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides “Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title but is not repealed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 3107 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3107. Employment of publicity experts; restrictions
Appropriated funds may not be used to pay a publicity expert unless specifically appropriated for that purpose.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 416.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 54.
Oct. 22, 1913, ch. 32, § 1 (last par. under “Interstate Commerce Commission”), 38 Stat. 212.
The prohibition is restated in positive form.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 3108 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3108. Employment of detective agencies; restrictions
An individual employed by the Pinkerton Detective Agency, or similar organization, may not be employed by the Government of the United States or the government of the District of Columbia.
(Pub. L. 89– 554, Sept. 6, 1966, 80 Stat. 416.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 53.
Mar. 3, 1893, ch. 208 (5th par. under “Public Buildings”), 27 Stat. 591.
The prohibition is restated in positive form.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 3111a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3111a. Federal internship programs
(a) Internship Coordinator.—
The head of each agency operating an internship program shall appoint an individual within such agency to serve as an internship coordinator.
(b) Online Information.—
(1) Agencies.—
The Office of Personnel Management shall make publicly available on the Internet—
(A) the name and contact information of the internship coordinator for each agency; and
(B) information regarding application procedures and deadlines for each internship program.
(2) Office of personnel management.—
The Office of Personnel Management shall make publicly available on the Internet links to the websites where the information described in paragraph (1) is displayed.
(c) Definitions.—
For purposes of this section—
(1) the term “internship program” means—
(A) a volunteer service program under section 3111(b);
(B) an internship program established under Executive Order 13562, dated December 27, 2010 (75 Federal Register 82585);
(C) a program operated by a nongovernment organization for the purpose of providing paid internships in agencies under a written agreement that is similar to an internship program established under Executive Order 13562, dated December 27, 2010 (75 Federal Register 82585); or
(D) a program that—
(i) is similar to an internship program established under Executive Order 13562, dated December 27, 2010 (75 Federal Register 82585); and
(ii) is authorized under another statutory provision of law;
(2) the term “intern” means an individual participating in an internship program; and
(3) the term “agency” means an Executive agency.
(Added Pub. L. 112–81, div. A, title XI, § 1109(a), Dec. 31, 2011, 125 Stat. 1614.)
heading: References in Text
text: Executive Order 13562, referred to in subsec. (c)(1), is set out as a note under section 3301 of this title.
heading: Regulations
text: Pub. L. 112–81, div. A, title XI, § 1109(c), Dec. 31, 2011, 125 Stat. 1615, provided that: “The Office of Personnel Management may prescribe regulations to carry out the amendment made by subsection (a) [enacting this section].”
5 U.S.C. § 3112 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3112. Disabled veterans; noncompetitive appointment
Under such regulations as the Office of Personnel Management shall prescribe, an agency may make a noncompetitive appointment leading to conversion to career or career-conditional employment of a disabled veteran who has a compensable service-connected disability of 30 percent or more.
(Added Pub. L. 95–454, title III, § 307(b)(1), Oct. 13, 1978, 92 Stat. 1147.)
heading: Effective Date
text: Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
5 U.S.C. § 3113 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3113. Restriction on reemployment after conviction of certain crimes
An employee shall be separated from service and barred from reemployment in the Federal service, if—
(1) the employee is convicted of a violation of section 201(b) of title 18; and
(2) such violation related to conduct prohibited under section 1010(a) of the Controlled Substances Import and Export Act (21 U.S.C. 960(a)).
(Added Pub. L. 105–61, title VI, § 638(a), Oct. 10, 1997, 111 Stat. 1316.)
heading: Effective Date
text: Pub. L. 105–61, title VI, § 638(c), Oct. 10, 1997, 111 Stat. 1317, provided that: “This section [enacting this section] shall apply during fiscal year 1998 and each fiscal year thereafter.”
5 U.S.C. § 3134 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3134. Limitations on noncareer and limited appointments
(a) During each calendar year, each agency shall—
(1) examine its needs for employment of noncareer appointees for the fiscal year beginning in the following year; and
(2) submit to the Office of Personnel Management, in accordance with regulations prescribed by the Office, a written request for authority to employ a specific number of noncareer appointees for such fiscal year.
(b) The number of noncareer appointees in each agency shall be determined annually by the Office on the basis of demonstrated need of the agency. The total number of noncareer appointees in all agencies may not exceed 10 percent of the total number of Senior Executive Service positions in all agencies.
(c) Subject to the 10 percent limitation of subsection (b) of this section, the Office may adjust the number of noncareer positions authorized for any agency under subsection (b) of this section if emergency needs arise that were not anticipated when the original authorizations were made.
(d) The number of Senior Executive Service positions in any agency which are filled by noncareer appointees may not at any time exceed the greater of—
(1) 25 percent of the total number of Senior Executive Service positions in the agency; or
(2) the number of positions in the agency which were filled on the date of the enactment of the Civil Service Reform Act of 1978 by—
(A) noncareer executive assignments under subpart F of part 305 of title 5, Code of Federal Regulations, as in effect on such date, or
(B) appointments to level IV or V of the Executive Schedule which were not required on such date to be made by and with the advice and consent of the Senate.
This subsection shall not apply in the case of any agency having fewer than 4 Senior Executive Service positions.
(e) The total number of limited emergency appointees and limited term appointees in all agencies may not exceed 5 percent of the total number of Senior Executive Service positions in all agencies.
(Added Pub. L. 95–454, title IV, § 402(a), Oct. 13, 1978, 92 Stat. 1159.)
heading: References in Text
text: The date of enactment of the Civil Service Reform Act of 1978, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 95–454, which was approved Oct. 13, 1978.
Level IV or V of the Executive Schedule, referred to in subsec. (d)(2)(B), are set out in sections 5315 and 5316 of this title.
5 U.S.C. § 3135 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
[§ 3135. Repealed. Pub. L. 104–66, title II, § 2181(a)(1), Dec. 21, 1995, 109 Stat. 732]
text: Section, added Pub. L. 95–454, title IV, § 402(a), Oct. 13, 1978, 92 Stat. 1159; amended Pub. L. 98–168, title III, § 301(b), Nov. 29, 1983, 97 Stat. 1112; Pub. L. 98–615, title III, § 306(a), Nov. 8, 1984, 98 Stat. 3219, directed Office of Personnel Management to submit reports to Congress relating to Senior Executive Service.
5 U.S.C. § 3152 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3152. Limitation on pay
Members of the FBI–DEA Senior Executive Service shall be subject to the limitation under section 5307.
(Added Pub. L. 100–325, § 1(a), May 30, 1988, 102 Stat. 581; amended Pub. L. 102–378, § 2(9), Oct. 2, 1992, 106 Stat. 1347.)
heading: Amendments
text: 1992—Pub. L. 102–378 amended section generally. Prior to amendment, section read as follows: “Nothing in this subchapter shall be construed to allow the aggregate amount payable to a member of the FBI–DEA Senior Executive Service under this subchapter during any fiscal year to exceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such year. This section shall be applied in a manner consistent with paragraphs (1) and (2) of section 5383(b).”
5 U.S.C. § 3305 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3305. Competitive service; examinations; when held
(a) The Office of Personnel Management shall hold examinations for the competitive service at least twice a year in each State and territory or possession of the United States where there are individuals to be examined.
(b) The Office shall hold an examination for a position to which an appointment has been made within the preceding 3 years, on the application of an individual who qualifies as a preference eligible under section 2108(3)(C)–(G) of this title. The examination shall be held during the quarter following the application.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 418; Pub. L. 90–83, § 1(8), Sept. 11, 1967, 81 Stat. 197; Pub. L. 96–54, § 2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382.)
text: Historical and Revision Notes
1966 Act
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a)
5 U.S.C. 635 (last 24 words of 6th sentence).
Jan. 16, 1883, ch. 27, § 3 (last 24 words of 6th sentence), 22 Stat. 404.
(b)
5 U.S.C. 859.
June 27, 1944, ch. 287, § 10, 58 Stat. 390.
Jan. 19, 1948, ch. 1, § 3, 62 Stat. 3.
Dec. 27, 1950, ch. 1151, § 2(b), 64 Stat. 1117.
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: 1967 Act
text: This section amends various sections [§§ 3305, 3309, 3318] of title 5, United States Code, to reflect the redesignation of paragraphs (3)(B) through (F) of section 2108 of title 5 as paragraphs (3)(C) through (G) by section 1(6) of this bill.
heading: Amendments
text: 1979—Subsec. (a). Pub. L. 96–54, § 2(a)(14), substituted “Office of Personnel Management” for “Civil Service Commission”.
Subsec. (b). Pub. L. 96–54, § 2(a)(15), substituted “Office” for “Commission”.
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.
5 U.S.C. § 3306 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
[§ 3306. Repealed. Pub. L. 95–228, § 1, Feb. 10, 1978, 92 Stat. 25]
text: Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419, related to apportionment of appointments in the departmental service in the District of Columbia among the States, territories, etc.
5 U.S.C. § 3308 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3308. Competitive service; examinations; educational requirements prohibited; exceptions
The Office of Personnel Management or other examining agency may not prescribe a minimum educational requirement for an examination for the competitive service except when the Office decides that the duties of a scientific, technical, or professional position cannot be performed by an individual who does not have a prescribed minimum education. The Office shall make the reasons for its decision under this section a part of its public records.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419; Pub. L. 95–454, title IX, § 906(a)(2), (3), 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. 854 (less 1st 2 sentences).
June 27, 1944, ch. 287, § 5 (less 1st 2 sentences), 58 Stat. 388.
The prohibition is restated in positive form. The words “The Civil Service Commission or other examining agency” are added because these are the only agencies to which the prohibition could apply.
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” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.
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. § 3309 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3309. Preference eligibles; examinations; additional points for
A preference eligible who receives a passing grade in an examination for entrance into the competitive service is entitled to additional points above his earned rating, as follows—
(1) a preference eligible under section 2108(3)(C)–(G) of this title—10 points; and
(2) a preference eligible under section 2108(3)(A)–(B) of this title—5 points.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419; Pub. L. 90–83, § 1(8), Sept. 11, 1967, 81 Stat. 197; Pub. L. 105–85, div. A, title XI, § 1102(b), Nov. 18, 1997, 111 Stat. 1922.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 852 (1st sentence).
June 27, 1944, ch. 287, § 3 (less proviso), 58 Stat. 388.
Jan. 19, 1948, ch. 1, § 2, 62 Stat. 3.
Dec. 27, 1950, ch. 1151, § 2(a), 64 Stat. 1117.
July 14, 1952, ch. 728, § 2, 66 Stat. 627.
Aug. 14, 1953, ch. 485, § 1(a) “Sec. 3 (1st sentence)”, 67 Stat. 581.
The word “competitive” is added before “service” for clarity. Application of this section to the excepted service in the executive branch and to the government of the District of Columbia, as provided in former section 858, is carried into section 3320.
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: 1997—Par. (2). Pub. L. 105–85 substituted “section 2108(3)(A)–(B)” for “section 2108(3)(A)”.
1967—Cl. (1). Pub. L. 90–83 substituted “section 2108(3)(C)–(G)” for “section 2108(3)(B)–(F).” See Historical and Revision Notes under section 3305 of this title.
5 U.S.C. § 3310 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3310. Preference eligibles; examinations; guards, elevator operators, messengers, and custodians
In examinations for positions of guards, elevator operators, messengers, and custodians in the competitive service, competition is restricted to preference eligibles as long as preference eligibles are available.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 420.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 852 (2d sentence).
June 27, 1944, ch. 287, § 3 (proviso), 58 Stat. 388.
Aug. 14, 1953, ch. 485, § 1(a) “Sec. 3 (2d sentence)”, 67 Stat. 581.
The words “in the competitive service” are added for clarity. The reference to “examinations held prior to December 31, 1954, for positions of apprentices” is omitted as obsolete. Application of this section to the excepted service in the executive branch and to the government of the District of Columbia, as provided in former section 858, is carried into section 3320.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.