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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
U.S. Code
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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 30101 of Title 52, Voting and Elections.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–454 substituted “Merit Systems Protection Board” for “Civil Service Commission”.
heading: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 1978—Subsec. (a). Pub. L. 95–454 inserted reference to Senior Executive Service.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 2109 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 2109. Air traffic controller; Secretary
For the purpose of this title—
(1) “air traffic controller” or “controller” means a civilian employee of the Department of Transportation or the Department of Defense who, in an air traffic control facility or flight service station facility—
(A) is actively engaged—
(i) in the separation and control of air traffic; or
(ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or
(B) is the immediate supervisor of any employee described in subparagraph (A); and
(2) “Secretary”, when used in connection with “air traffic controller” or “controller”, means the Secretary of Transportation with respect to controllers in the Department of Transportation, and the Secretary of Defense with respect to controllers in the Department of Defense.
(Added Pub. L. 92–297, § 1(a), May 16, 1972, 86 Stat. 141; amended Pub. L. 96–347, § 1(a), Sept. 12, 1980, 94 Stat. 1150; Pub. L. 99–335, title II, § 207(b), June 6, 1986, 100 Stat. 594.)
heading: Editorial Notes
heading: Amendments
text: 1986—Par. (1). Pub. L. 99–335 amended par. (1) generally including within term “air traffic controller” or “controller” references to a flight service station facility and to employment providing preflight, inflight, or airport advisory service to aircraft operators and striking out provision that regulations prescribed by the Secretary be used in determining who is an air traffic controller.
1980—Pub. L. 96–347 substituted “controller; Secretary” for “controller” in section catchline, and in text included employees of the Department of Defense within the meaning of air traffic controller or controller and defined “Secretary” to mean Secretary of Transportation with respect to controllers in the Department of Transportation and Secretary of Defense with respect to controllers in the Department of Defense.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of this title.
heading: Effective Date of 1980 Amendment
text: Pub. L. 96–347, § 3, Sept. 12, 1980, 94 Stat. 1151, provided that:
“This Act [amending this section and sections 3307, 3381 to 3385, and 8335 of this title and enacting provisions set out as a note under section 8335 of this title] shall take effect on the later of—
“(1) October 1, 1980, or
“(2) the ninetieth day after the date of the enactment of this Act [Sept. 12, 1980].”
heading: Effective Date
text: Section effective on 90th day after May 16, 1972, see, section 10 of Pub. L. 92–297, set out as a note under section 3381 of this title.
5 U.S.C. § 2304 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 2304. Prohibited personnel practices affecting the Transportation Security Administration
(a) In General.—
Notwithstanding any other provision of law, any individual holding or applying for a position within the Transportation Security Administration shall be covered by—
(1) the provisions of section 2302(b)(1), (8), and (9);
(2) any provision of law implementing section 2302(b)(1), (8), or (9) by providing any right or remedy available to an employee or applicant for employment in the civil service; and
(3) any rule or regulation prescribed under any provision of law referred to in paragraph (1) or (2).
(b) Rule of Construction.—
Nothing in this section shall be construed to affect any rights, apart from those described in subsection (a), to which an individual described in subsection (a) might otherwise be entitled under law.
(Added Pub. L. 112–199, title I, § 109(a)(2), Nov. 27, 2012, 126 Stat. 1470.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2304 was renumbered section 2305 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 112–199, title I, § 109(c), Nov. 27, 2012, 126 Stat. 1471, provided that: “The amendments made by this section [enacting this section and renumbering sections 2304 and 2305 of this title as sections 2305 and 2306, respectively, of this title] shall take effect on the date of enactment of this section [Nov. 27, 2012].”
5 U.S.C. § 2305 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 2305. Responsibility of the Government Accountability Office
If requested by either House of the Congress (or any committee thereof), or if considered necessary by the Comptroller General, the Government Accountability Office shall conduct audits and reviews to assure compliance with the laws, rules, and regulations governing employment in the executive branch and in the competitive service and to assess the effectiveness and soundness of Federal personnel management.
(Added Pub. L. 95–454, title I, § 101(a), Oct. 13, 1978, 92 Stat. 1118, § 2304; amended Pub. L. 102–378, § 2(6), Oct. 2, 1992, 106 Stat. 1346; Pub. L. 104–66, title II, § 2181(e), Dec. 21, 1995, 109 Stat. 732; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; renumbered § 2305, Pub. L. 112–199, title I, § 109(a)(1), Nov. 27, 2012, 126 Stat. 1470.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2305 was renumbered section 2306 of this title.
heading: Amendments
text: 2012—Pub. L. 112–199 renumbered section 2304 of this title as this section.
2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in section catchline and text.
1995—Pub. L. 104–66 struck out subsec. (a) designation before “If requested by” and struck out subsec. (b) which read as follows: “The General Accounting Office shall prepare and submit an annual report to the President and the Congress on the activities of the Merit Systems Protection Board and the Office of Personnel Management. The report shall include a description of—
“(1) significant actions taken by the Board to carry out its functions under this title; and
“(2) significant actions of the Office of Personnel Management, including an analysis of whether or not the actions of the Office are in accord with merit system principles and free from prohibited personnel practices.”
1992—Subsec. (b). Pub. L. 102–378 substituted “The” for “the” at beginning of first sentence.
5 U.S.C. § 2306 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 2306. Coordination with certain other provisions of law
No provision of this chapter, or action taken under this chapter, shall be construed to impair the authorities and responsibilities set forth in section 102 of the National Security Act of 1947 (61 Stat. 495; 50 U.S.C. 403),1 the Central Intelligence Agency Act of 1949 (63 Stat. 208; 50 U.S.C. 403a and following),1 the Act entitled “An Act to provide certain administrative authorities for the National Security Agency, and for other purposes”, approved May 29, 1959 (73 Stat. 63; 50 U.S.C. 402 note),1 and the Act entitled “An Act to amend the Internal Security Act of 1950”, approved March 26, 1964 (78 Stat. 168; 50 U.S.C. 831–835).
(Added Pub. L. 95–454, title I, § 101(a), Oct. 13, 1978, 92 Stat. 1118, § 2305; renumbered § 2306, Pub. L. 112–199, title I, § 109(a)(1), Nov. 27, 2012, 126 Stat. 1470.)
heading: Editorial Notes
heading: References in Text
text: The National Security Act of 1947, referred to in text, is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Section 102 of the Act was repealed by Pub. L. 104–293, title VIII, § 805(a), Oct. 11, 1996, 110 Stat. 3477, another section 102 was repealed by Pub. L. 108–458, title I, §§ 1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698, and subsequently another section 102, as added by Pub. L. 108–458, title I, §1011(a), Dec. 17, 2004, 118 Stat. 3644, was classified to section 403 of Title 50 prior to editorial reclassification to section 3023 of Title 50. For complete classification of this Act to the Code, see Tables.
The Central Intelligence Agency Act of 1949, referred to in text, is act June 20, 1949, ch. 227, 63 Stat. 208, which was formerly classified generally to section 403a et seq. of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classified generally to chapter 46 (§ 3501 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.
The Act entitled “An Act to provide certain administrative authorities for the National Security Agency, and for other purposes”, approved May 29, 1959, referred to in text, is Pub. L. 86–36, May 29, 1959, 73 Stat. 63, which was formerly set out as a note under section 402 of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classified generally to chapter 47 (§ 3601 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.
The Act entitled “An Act to amend the Internal Security Act of 1950”, approved March 26, 1964, referred to in text, is act Sept. 23, 1950, ch. 1024, title III, as added Mar. 26, 1964, Pub. L. 88–290, 78 Stat. 168, which is classified principally to subchapter III (§ 831 et seq.) of chapter 23 of Title 50. For complete classification of this Act to the Code, see Tables.
heading: Amendments
text: 2012—Pub. L. 112–199 renumbered section 2305 of this title as this section.
5 U.S.C. § 2951 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 2951. Reports to the Office of Personnel Management
The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that—
(1) the appointing authority notify the Office of Personnel Management in writing of the following actions and their dates as to each individual selected for appointment in the competitive service from among those who have been examined—
(A) appointment and residence of appointee;
(B) separation during probation;
(C) transfer;
(D) resignation; and
(E) removal; and
(2) the Office keep records of these actions.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 412; Pub. L. 95–454, title IX, § 906(a)(2), (3), (16), Oct. 13, 1978, 92 Stat. 1224, 1226.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 633(2)8 (less last sentence).
Jan. 16, 1883, ch. 27, § 2(2)8 (less last sentence), 22 Stat. 404.
The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302.
In paragraph (1), the word “authority” is substituted for “power”. The words “or employment” are omitted as included within “appointment”.
In paragraph (1)(B), the words “separation during probation” are substituted for “of the rejection of any such person after probation”. The words “rejection . . . after probation” refer to a rejection, i.e., separation, after a portion of the probationary period has been served but before the end of the probationary period. This is so because an individual can be rejected only during the probationary period. After he has completed the probationary period, he can be removed only under procedures governing removals from the competitive service, and removals of this nature are covered by paragraph (E).
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: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–454, § 906(a)(16), substituted “Office of Personnel Management” for “Civil Service Commission” in section catchline.
Pars. (1), (2). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission”.
heading: Statutory Notes and Related Subsidiaries
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.