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5 U.S.C. § 1217 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1217. Transmittal of information to Congress
(a) In General.—
The Special Counsel or any employee of the Special Counsel designated by the Special Counsel, shall transmit to the Congress on the request of any committee or subcommittee thereof, by report, testimony, or otherwise, information and the Special Counsel’s views on functions, responsibilities, or other matters relating to the Office. Such information shall be transmitted concurrently to the President and any other appropriate agency in the executive branch.
(b) Additional Report Required.—
(1) In general.—
If an allegation submitted to the Special Counsel is resolved by an agreement between an agency and an individual, the Special Counsel shall submit to Congress and each congressional committee with jurisdiction over the agency a report regarding the agreement.
(2) Contents.—
Any report required under paragraph (1) shall identify, with respect to an agreement described in that paragraph—
(A) the agency that entered into the agreement;
(B) the position and employment location of the employee who submitted the allegation that formed the basis of the agreement, provided the information is not so specific as to be reasonably likely to identify the employee;
(C) the position and employment location of any employee alleged by an employee described in subparagraph (B) to have committed a prohibited personnel practice, as defined in section 2302(a)(1);
(D) a description of the allegation described in subparagraph (B); and
(E) whether the agency that entered into the agreement has agreed to pursue any disciplinary action as a result of the allegation described in subparagraph (B).
(Added Pub. L. 101–12, § 3(a)(13), Apr. 10, 1989, 103 Stat. 28; Pub. L. 115–91, div. A, title X, § 1097(h)(3), Dec. 12, 2017, 131 Stat. 1625.)
heading: Amendments
text: 2017—Pub. L. 115–91 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
5 U.S.C. § 1219 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 1219. Public information
(a) The Special Counsel shall maintain and make available to the public—
(1) a list of any noncriminal matters referred to the head of an agency under section 1213(c), together with—
(A) a copy of the information transmitted to the head of the agency under section 1213(c)(1);
(B) any report from the agency under section 1213(c)(1)(B) relating to the matter;
(C) if appropriate, not otherwise prohibited by law, and consented to by the complainant, any comments from the complainant under section 1213(e)(1) relating to the matter; and
(D) the comments or recommendations of the Special Counsel under paragraph (3) or (4) of section 1213(e);
(2) a list of matters referred to heads of agencies under section 1215(c)(2);
(3) a list of matters referred to heads of agencies under subsection (e) of section 1214, together with certifications from heads of agencies under such subsection; and
(4) reports from heads of agencies under section 1213(g)(1).
(b) The Special Counsel shall take steps to ensure that any list or report made available to the public under this section does not contain any information the disclosure of which is prohibited by law or by Executive order requiring that information be kept secret in the interest of national defense or the conduct of foreign affairs.
(Added Pub. L. 101–12, § 3(a)(13), Apr. 10, 1989, 103 Stat. 29; Pub. L. 115–91, div. A, title X, § 1097(h)(2), Dec. 12, 2017, 131 Stat. 1624.)
heading: Amendments
text: 2017—Subsec. (a)(1). Pub. L. 115–91 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “a list of noncriminal matters referred to heads of agencies under subsection (c) of section 1213, together with reports from heads of agencies under subsection (c)(1)(B) of such section relating to such matters;”.
5 U.S.C. § 2307 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
[§ 2307. Repealed. Pub. L. 115–91, div. A, title X, § 1097(b)(1)(A), Dec. 12, 2017, 131 Stat. 1616]
text: Section, added Pub. L. 115–73, title I, § 107(b), Oct. 26, 2017, 131 Stat. 1239, related to information on whistleblower protections and agency responsibilities.
5 U.S.C. § 4313 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4313. Criteria for performance appraisals
Appraisals of performance in the Senior Executive Service shall be based on both individual and organizational performance, taking into account such factors as—
(1) improvements in efficiency, productivity, and quality of work or service, including any significant reduction in paperwork;
(2) cost efficiency;
(3) timeliness of performance;
(4) other indications of the effectiveness, productivity, and performance quality of the employees for whom the senior executive is responsible;
(5) meeting affirmative action goals, achievement of equal employment opportunity requirements, and compliance with the merit systems principles set forth under section 2301 of this title; and
(6) protecting whistleblowers, as described in section 4302(b)(2).
(Added Pub. L. 95–454, title IV, § 405(a), Oct. 13, 1978, 92 Stat. 1168; amended Pub. L. 103–424, § 6, Oct. 29, 1994, 108 Stat. 4364; Pub. L. 115–91, div. A, title X, § 1097(d)(2), Dec. 12, 2017, 131 Stat. 1620.)
heading: Amendments
text: 2017—Par. (6). Pub. L. 115–91 added par. (6).
1994—Par. (5). Pub. L. 103–424 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “meeting affirmative action goals and achievement of equal employment opportunity requirements.”
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(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title.
5 U.S.C. § 5509 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5509. Appropriations
There are authorized to be appropriated sums necessary to carry out the provisions of this title.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 477.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
[Uncodified].
June 30, 1945, ch. 212, § 609, 59 Stat. 306.
[Uncodified].
Oct. 28, 1949, ch. 782, § 1107, 63 Stat. 972.
[Uncodified].
Sept. 30, 1950, ch. 1123, § 13, 64 Stat. 1100.
42 U.S.C. 1370.
Sept. 1, 1954, ch. 1212, § 4(a) “Sec. 1510”, 68 Stat. 1135.
[Uncodified].
Sept. 6, 1960, Pub. L. 86–707, § 501(a), 74 Stat. 800.
The remainder of the authority for this section is implied from the statutes from which this title is derived.
heading: Merit Systems Protection Board and Office of Special Counsel; Authorization of Appropriations; Restriction on Appropriations
text: Pub. L. 101–12, § 8(a), (b), Apr. 10, 1989, 103 Stat. 34, as amended by Pub. L. 103–424, § 1, Oct. 29, 1994, 108 Stat. 4361; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, §§ 641(a), 642(a)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–365; Pub. L. 107–304, § 2(a), (b), Nov. 27, 2002, 116 Stat. 2364; Pub. L. 115–91, div. A, title X, § 1097(n)(1), Dec. 12, 2017, 131 Stat. 1626, provided that:
“(a) Authorization of Appropriations.—
There are authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated—
“(1) for each of fiscal years 2003, 2004, 2005, 2006, and 2007 such sums as necessary to carry out subchapter I of chapter 12 of title 5, United States Code (as amended by this Act); and
“(2) for each of fiscal years 2018 through 2023 such sums as necessary to carry out subchapter II of chapter 12 of title 5, United States Code (as amended by this Act).
“(b) Restriction Relating to Appropriations Under the Civil Service Reform Act of 1978.—
No funds may be appropriated to the Merit Systems Protection Board or the Office of Special Counsel pursuant to section 903 of the Civil Service Reform Act of 1978 [Pub. L. 95–454] (5 U.S.C. 5509 note).”
[Pub. L. 115–91, div. A, title X, § 1097(n)(2), Dec. 12, 2017, 131 Stat. 1626, provided that: “The amendment made by paragraph (1) [amending section 8(a) of Pub. L. 101–12, set out above] shall take effect as though enacted on September 30, 2017.”
]
[Pub. L. 107–304, § 2(c), Nov. 27, 2002, 116 Stat. 2364, provided that: “This section [amending section 8(a) of Pub. L. 101–12, set out above] shall be effective as of October 1, 2002.”
]
[Pub. L. 104–208, div. A, title I, § 101(f) [title VI, §§ 641(b), 642(b)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–365, provided that the amendments made by section 101(f) [title VI, §§ 641(a), 642(a)] of Pub. L. 104–208 [amending section 8(a) of Pub. L. 101–12, set out above] were to be effective on Oct. 1, 1998.]
heading: Authorization of Appropriations
text: Pub. L. 95–454, title IX, § 903, Oct. 13, 1978, 92 Stat. 1224, provided that: “There are authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this Act [For classification of Pub. L. 95–454, see Tables].”
5 U.S.C. § 5755 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5755. Supervisory differentials
(a)
(1) The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the General Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate employees would, in the absence of such a differential, be paid more than the supervisory employee.
(2) For the purposes of comparing the pay of a supervisory employee under the General Schedule with the pay of a subordinate employee not under the General Schedule, comparability payments under section 5304, differentials, and allowances that are not a part of basic pay may be taken into consideration, as provided by regulations of the Office.
(b)
(1) A supervisory differential, which shall be stated as a percentage of the supervisory employee’s rate of basic pay (excluding any comparability payments under section 5304) or as a dollar amount, may not cause the supervisory employee’s pay to exceed the pay of the highest paid subordinate employee by more than 3 percent.
(2) A supervisory differential may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a supervisory differential may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d).
(3) A supervisory differential shall be paid in the same manner and at the same time as the employee’s basic pay is paid.
(c) For the purpose of this section—
(1) the terms “agency” and “employee” have the meanings given them by section 5102; and
(2) any reference to “an employee under the General Schedule” shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies.
(d) The Office shall prescribe such regulations as it considers necessary for the administration of this section.
(Added Pub. L. 101–509, title V, § 529 [title II, § 211(a)], Nov. 5, 1990, 104 Stat. 1427, 1461; amended Pub. L. 115–73, title I, § 107(a)(2)(B), Oct. 26, 2017, 131 Stat. 1239; Pub. L. 115–91, div. A, title X, § 1097(b)(3)(B), Dec. 12, 2017, 131 Stat. 1617.)
heading: References in Text
text: The General Schedule, referred to in subsecs. (a)(1), (2) and (c)(2), is set out under section 5332 of this title.
heading: Amendments
text: 2017—Subsec. (b)(2). Pub. L. 115–91 substituted “section 2302(d)” for “section 2302(c)”.
Pub. L. 115–73 substituted “section 2302(c)” for “section 2302(d)”.
heading: Effective Date
text: Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.
5 U.S.C. § 7503 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7503. Cause and procedure
(a) Under regulations prescribed by the Office of Personnel Management, an employee may be suspended for 14 days or less for such cause as will promote the efficiency of the service (including discourteous conduct to the public confirmed by an immediate supervisor’s report of four such instances within any one-year period or any other pattern of discourteous conduct).
(b) An employee against whom a suspension for 14 days or less is proposed is entitled to—
(1) an advance written notice stating the specific reasons for the proposed action;
(2) a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;
(3) be represented by an attorney or other representative; and
(4) a written decision and the specific reasons therefor at the earliest practicable date.
(c) Copies of the notice of proposed action, the answer of the employee if written, a summary thereof if made orally, the notice of decision and reasons therefor, and any order effecting 1 the suspension, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee’s request.
(Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1135.)
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.
heading: Information on Appeal Rights
text: Pub. L. 115–91, div. A, title X, § 1097(b)(2), Dec. 12, 2017, 131 Stat. 1617, provided that:
“(A) In general.—
Any notice provided to an employee under section 7503(b)(1), section 7513(b)(1), or section 7543(b)(1) of title 5, United States Code, shall include detailed information with respect to—
“(i) the right of the employee to appeal an action brought under the applicable section;
“(ii) the forums in which the employee may file an appeal described in clause (i); and
“(iii) any limitations on the rights of the employee that would apply because of the forum in which the employee decides to file an appeal.
“(B) Development of information.—
The information described in subparagraph (A) shall be developed by the Director of the Office of Personnel Management, in consultation with the Special Counsel, the Merit Systems Protection Board, and the Equal Employment Opportunity Commission.”
10 U.S.C. § 136 (ARMED FORCES)
§ 136. Under Secretary of Defense for Personnel and Readiness
(a) There is an Under Secretary of Defense for Personnel and Readiness, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of the armed forces.
(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Personnel and Readiness shall perform such duties and exercise such powers as the Secretary of Defense may prescribe in the areas of military readiness, total force management, military and civilian personnel requirements, military and civilian personnel training, military and civilian family matters, exchange, commissary, and nonappropriated fund activities, personnel requirements for weapons support, National Guard and reserve components, and health affairs.
(c) The Under Secretary of Defense for Personnel and Readiness takes precedence in the Department of Defense after the Under Secretary of Defense (Comptroller).
(d) The Under Secretary of Defense for Personnel and Readiness is responsible, subject to the authority, direction, and control of the Secretary of Defense, for the monitoring of the operations tempo and personnel tempo of the armed forces. The Under Secretary shall establish, to the extent practicable, uniform standards within the Department of Defense for terminology and policies relating to deployment of units and personnel away from their assigned duty stations (including the length of time units or personnel may be away for such a deployment) and shall establish uniform reporting systems for tracking deployments.
(Added Pub. L. 103–160, div. A, title IX, § 903(a), Nov. 30, 1993, 107 Stat. 1727; amended Pub. L. 104–106, div. A, title XV, § 1503(a)(2), Feb. 10, 1996, 110 Stat. 510; Pub. L. 106–65, div. A, title IX, § 923(a), title X, § 1066(a)(1), Oct. 5, 1999, 113 Stat. 724, 770; Pub. L. 115–91, div. A, title IX, § 904(2), Dec. 12, 2017, 131 Stat. 1512.)
heading: Prior Provisions
text: A prior section 136 was renumbered section 138 of this title.
heading: Amendments
text: 2017—Subsec. (a). Pub. L. 115–91 inserted at end “A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of the armed forces.”
1999—Subsec. (a). Pub. L. 106–65, § 1066(a)(1), inserted “advice and” after “by and with the”.
Subsec. (d). Pub. L. 106–65, § 923(a), added subsec. (d).
1996—Subsec. (c). Pub. L. 104–106 substituted “Under Secretary of Defense (Comptroller)” for “Comptroller”.
10 U.S.C. § 155a (ARMED FORCES)
[§ 155a. Repealed. Pub. L. 114–328, div. A, title V, § 502(a)(1), Dec. 23, 2016, 130 Stat. 2102]
text: Section, added Pub. L. 112–239, div. A, title V, § 511(a), Jan. 2, 2013, 126 Stat. 1717, related to Assistants to the Chairman of the Joint Chiefs of Staff for National Guard matters and Reserve matters.
heading: Prior Provisions
text: Provisions similar to those formerly contained in this section were contained in Pub. L. 105–85, div. A, title IX, § 901, Nov. 18, 1997, 111 Stat. 1853, which was set out as a note under section 155 of this title, prior to repeal by Pub. L. 112–239, § 511(c).
heading: Retention of Grade of Incumbents in Positions on Effective Date
text: Pub. L. 114–328, div. A, title V, § 502(tt), as added by Pub. L. 115–91, div. A, title V, § 506(a)(1), Dec. 12, 2017, 131 Stat. 1374, provided that: “The grade of service of an officer serving as of the date of the enactment of this Act [Dec. 23, 2016] in a position whose statutory grade is affected by an amendment made by this section [see Tables for classification] may not be reduced after that date by reason of such amendment as long as the officer remains in continuous service in such position after that date.”
[Pub. L. 115–91, div. A, title V, § 506(a)(2), Dec. 12, 2017, 131 Stat. 1374, provided that: “The amendment made by paragraph (1) [enacting section 502(tt) of Pub. L. 114–328, set out above] shall take effect as of December 23, 2016, and be treated as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).]
10 U.S.C. § 166 (ARMED FORCES)
§ 166. Combatant commands: budget proposals
(a) Combatant Command Budgets.—
The Secretary of Defense shall include in the annual budget of the Department of Defense submitted to Congress a separate budget proposal for such activities of each of the unified and specified combatant commands as may be determined under subsection (b).
(b) Content of Proposals.—
A budget proposal under subsection (a) for funding of activities of a combatant command shall include funding proposals for such activities of the combatant command as the Secretary (after consultation with the Chairman of the Joint Chiefs of Staff) determines to be appropriate for inclusion. Activities of a combatant command for which funding may be requested in such a proposal include the following:
(1) Joint exercises.
(2) Force training.
(3) Contingencies.
(4) Selected operations.
(c) SOF Training With Foreign Forces.—
A funding proposal for force training under subsection (b)(2) may include amounts for training expense payments authorized in section 322 of this title.
(Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1016; amended Pub. L. 102–190, div. A, title X, § 1052(b), Dec. 5, 1991, 105 Stat. 1471; Pub. L. 115–91, div. A, title X, § 1081(a)(11), Dec. 12, 2017, 131 Stat. 1594.)
heading: Amendments
text: 2017—Subsec. (c). Pub. L. 115–91 substituted “section 322” for “section 2011”.
1991—Subsec. (c). Pub. L. 102–190 added subsec. (c).
heading: Effective Date
text: Pub. L. 99–433, title II, § 214(d), Oct. 1, 1986, 100 Stat. 1019, provided that: “Section 166 of title 10, United States Code (as added by section 211 of this Act), shall take effect with budget proposals for fiscal year 1989.”
10 U.S.C. § 205 (ARMED FORCES)
§ 205. Missile Defense Agency
(a) Term of Director.—
The Director of the Missile Defense Agency shall be appointed for a six-year term.
(b) Reporting.—
The Missile Defense Agency shall be under the authority, direction, and control of the Under Secretary of Defense for Research and Engineering.
(Added Pub. L. 115–91, div. A, title XVI, § 1676(c)(1), Dec. 12, 2017, 131 Stat. 1773.)
heading: Application
text: Pub. L. 115–91, div. A, title XVI, § 1676(c)(3), Dec. 12, 2017, 131 Stat. 1773, provided that:
“(A) Terms.—
Subsection (a) of section 205 of title 10, United States Code, as added by paragraph (1), shall apply the day following the date on which the present incumbent in the office of the Director of the Missile Defense Agency, as of the date of the enactment of this Act [Dec. 12, 2017], ceases to serve as such.
“(B) Reporting.—
Subsection (b) of such section 205 shall apply beginning on February 1, 2018. In carrying out such subsection, the Missile Defense Agency shall be under the authority, direction, and control of the Under Secretary of Defense for Research and Engineering in the same manner as the Missile Defense Agency was under the authority, direction, and control of the Under Secretary of Defense for Acquisition, Technology, and Logistics pursuant to Department of Defense Directive 5134.09. Any reference in such Instruction to the Under Secretary of Defense for Acquisition, Technology, and Logistics shall be deemed to be a reference to the Under Secretary of Defense for Research and Engineering, including with respect to the Under Secretary serving as the chairman of the Missile Defense Executive Board.”