dreamproit/uscode huggingface dataset:
5 U.S.C. § 7501 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7501. Definitions
For the purpose of this subchapter—
(1) “employee” means an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; and
(2) “suspension” means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay.
(Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1134; amended Pub. L. 114–92, div. A, title XI, § 1105(c)(3), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 117–81, div. A, title XI, § 1106(b)(2)(C), Dec. 27, 2021, 135 Stat. 1950.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 7501, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 527, related to removal or suspension without pay of an individual in the competitive service and procedures applicable to such removal or suspension, prior to repeal by Pub. L. 95–454, § 204(a).
heading: Amendments
text: 2021—Par. (1). Pub. L. 117–81 struck out “, except as provided in section 1599e of title 10,” after “initial appointment or,”.
2015—Par. (1). Pub. L. 114–92 substituted “or, except as provided in section 1599e of title 10, who” for “or who”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 117–81 applied as if effective Dec. 31, 2022, to correspond to the effective date of the repeal of section 1599e of Title 10, Armed Forces, to reflect the probable intent of Congress. See Effective Date of Repeal note under section 1599e of Title 10.
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: Short Title of 1990 Amendment
text: Pub. L. 101–376, § 1, Aug. 17, 1990, 104 Stat. 461, provided that: “This Act [amending sections 4303, 7511, and 7701 of this title and enacting provisions set out as notes under section 4303 of this title] may be cited as the ‘Civil Service Due Process Amendments’.”
5 U.S.C. § 7541 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7541. Definitions
For the purpose of this subchapter—
(1) “employee” means a career appointee in the Senior Executive Service who—
(A) has completed the probationary period prescribed under section 3393(d) of this title; or
(B) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service; and
(2) “suspension” has the meaning set forth in section 7501(2) of this title.
(Added Pub. L. 95–454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 114–92, div. A, title XI, § 1105(c)(5), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 117–81, div. A, title XI, § 1106(b)(2)(E), Dec. 27, 2021, 135 Stat. 1950.)
heading: Editorial Notes
heading: Amendments
text: 2021—Par. (1)(A). Pub. L. 117–81 struck out “or section 1599e of title 10” after “section 3393(d) of this title”.
2015—Par. (1)(A). Pub. L. 114–92 inserted “or section 1599e of title 10” after “this title”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 117–81 applied as if effective Dec. 31, 2022, to correspond to the effective date of the repeal of section 1599e of Title 10, Armed Forces, to reflect the probable intent of Congress. See Effective Date of Repeal note under section 1599e of Title 10.
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. § 13102 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 13102. Administration of provisions
(a) In General.—
The provisions of this subchapter shall be administered by—
(1) the Director of the Office of Government Ethics, the designated agency ethics official, or the Secretary concerned, as appropriate, with regard to officers and employees described in paragraphs (1) through (8) of section 13103(f) of this title;
(2) the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives, as appropriate, with regard to officers and employees described in paragraphs (9) and (10) of section 13103(f) of this title; and
(3) the Judicial Conference in the case of an officer or employee described in paragraphs (11) and (12) of section 13103(f) of this title.
(b) Delegation by Judicial Conference.—
The Judicial Conference may delegate any authority it has under this subchapter to an ethics committee established by the Judicial Conference.
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4270.)
text: Historical and Revision Notes
Revised
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Source (U.S. Code)
Source (Statutes at Large)
13102
5 U.S.C. App. (EGA § 111)
Pub. L. 95–521, title I, § 111, as added Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1744; amended Pub. L. 101–280, § 3(1), (9), May 4, 1990, 104 Stat. 152, 157.
In subsection (a)(2), the words “Committee on Ethics of the House of Representatives” are substituted for “Committee on Standards of Official Conduct of the House of Representatives” because of House Resolution No. 5, 112th Congress, January 5, 2011.
heading: Statutory Notes and Related Subsidiaries
heading: Transmittal of Financial Disclosure Reports
text: Pub. L. 101–194, title IX, § 902, Nov. 30, 1989, 103 Stat. 1780, as amended by Pub. L. 117–286, § 4(c)(17), Dec. 27, 2022, 136 Stat. 4356, provided that:
“(a) The Select Committee on Ethics shall transmit a copy of each report filed with it under subchapter I of chapter 131 of title 5, United States Code, (other than a report filed by a Member of Congress) to the head of the employing office of the individual filing the report.
“(b) For purposes of this section, the head of the employing office shall be—
“(A) in the case of an employee of a Member, the Member by whom that person is employed;
“(B) in the case of an employee of a Committee, the chairman and ranking minority member of such Committee;
“(C) in the case of an employee on the leadership staff, the Member of the leadership on whose staff such person serves; and
“(D) in the case of any other employee of the legislative branch, the head of the office in which such individual serves.”
5 U.S.C. § 13110 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 13110. Authority of Comptroller General
(a) Access to Financial Disclosure Reports.—
The Comptroller General shall have access to financial disclosure reports filed under this subchapter for the purposes of carrying out the Comptroller General’s statutory responsibilities.
(b) Studies.—
Not later than December 31, 1992, and regularly thereafter, the Comptroller General shall conduct a study to determine whether the provisions of this subchapter are being carried out effectively.
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4295.)
text: Historical and Revision Notes
Revised
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Source (U.S. Code)
Source (Statutes at Large)
13110
5 U.S.C. App. (EGA § 108)
Pub. L. 95–521, title I, § 108, Oct. 26, 1978, 92 Stat. 1835; Pub. L. 96–19, § 9(t), June 13, 1979, 93 Stat. 44; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1741.
5 U.S.C. § 13111 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 13111. Notice of actions taken to comply with ethics agreements
(a) In General.—
In any case in which an individual agrees with that individual’s designated agency ethics official, the Office of Government Ethics, a Senate confirmation committee, a congressional ethics committee, or the Judicial Conference, to take any action to comply with this chapter or any other law or regulation governing conflicts of interest of, or establishing standards of conduct applicable with respect to, officers or employees of the Government, that individual shall notify in writing the designated agency ethics official, the Office of Government Ethics, the appropriate committee of the Senate, the congressional ethics committee, or the Judicial Conference, as the case may be, of any action taken by the individual pursuant to that agreement. Such notification shall be made not later than the date specified in the agreement by which action by the individual must be taken, or not later than 3 months after the date of the agreement, if no date for action is so specified.
(b) Recusal.—
If an agreement described in subsection (a) requires that the individual recuse himself or herself from particular categories of agency or other official action, the individual shall reduce to writing those subjects regarding which the recusal agreement will apply and the process by which it will be determined whether the individual must recuse himself or herself in a specific instance. An individual shall be considered to have complied with the requirements of subsection (a) with respect to such recusal agreement if such individual files a copy of the document setting forth the information described in the preceding sentence with such individual’s designated agency ethics official or the appropriate supervising ethics office within the time prescribed in the last sentence of subsection (a).
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4295.)
text: Historical and Revision Notes
Revised
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Source (U.S. Code)
Source (Statutes at Large)
13111
5 U.S.C. App. (EGA § 110)
Pub. L. 95–521, title I, § 110, as added Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1744; amended Pub. L. 101–280, § 3(1), May 4, 1990, 104 Stat. 152.
5 U.S.C. § 13121 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 13121. Establishment; appointment of Director
(a) Establishment.—
There is established an executive agency to be known as the Office of Government Ethics.
(b) Director.—
There shall be at the head of the Office of Government Ethics a Director (hereinafter referred to as the “Director”), who shall be appointed by the President, by and with the advice and consent of the Senate. Effective with respect to any individual appointed or reappointed by the President as Director on or after October 1, 1983, the term of service of the Director shall be 5 years.
(c) Authority of Director.—
The Director may—
(1) appoint officers and employees, including attorneys, in accordance with chapter 51 and subchapter III of chapter 53 of this title; and
(2) contract for financial and administrative services (including those related to budget and accounting, financial reporting, personnel, and procurement) with the General Services Administration, or such other Federal agency as the Director determines appropriate, for which payment shall be made in advance, or by reimbursement, from funds of the Office of Government Ethics in such amounts as may be agreed upon by the Director and the head of the agency providing such services.
Contract authority under paragraph (2) shall be effective for any fiscal year only to the extent that appropriations are available for that purpose.
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4296.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
13121
5 U.S.C. App. (EGA § 401)
Pub. L. 95–521, title IV, § 401, Oct. 26, 1978, 92 Stat. 1862; Pub. L. 98–150, § 2, Nov. 11, 1983, 97 Stat. 959; Pub. L. 100–598, § 3, Nov. 3, 1988, 102 Stat. 3031; Pub. L. 104–179, § 4(b)(2)(A), Aug. 6, 1996, 110 Stat. 1567.
5 U.S.C. § 13123 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 13123. Administrative provisions
(a) Assistance to Director.—
Upon the request of the Director, each executive agency is directed to—
(1) make its services, personnel, and facilities available to the Director to the greatest practicable extent for the performance of functions under this chapter; and
(2) except when prohibited by law, furnish to the Director all information and records in its possession which the Director may determine to be necessary for the performance of the Director’s duties.
The authority of the Director under this section includes the authority to request assistance from the inspector general of an agency in conducting investigations pursuant to the Office of Government Ethics responsibilities under this chapter. The head of any agency may detail such personnel and furnish such services, with or without reimbursement, as the Director may request to carry out the provisions of this chapter.
(b) Gift Acceptance Authority.—
(1) In general.—
The Director is authorized to accept and utilize on behalf of the United States, any gift, donation, bequest, or devise of money, use of facilities, personal property, or services for the purpose of aiding or facilitating the work of the Office of Government Ethics.
(2) Limitations.—
No gift may be accepted—
(A) that attaches conditions inconsistent with applicable laws or regulations; or
(B) that is conditioned upon or will require the expenditure of appropriated funds that are not available to the Office of Government Ethics.
(3) Criteria for determining appropriateness of gift acceptance.—
The Director shall establish written rules setting forth the criteria to be used in determining whether the acceptance of contributions of money, services, use of facilities, or personal property under this subsection would reflect unfavorably upon the ability of the Office of Government Ethics, or any employee of such Office, to carry out its responsibilities or official duties in a fair and objective manner, or would compromise the integrity or the appearance of the integrity of its programs or any official involved in those programs.
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4301.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
13123
5 U.S.C. App. (EGA § 403)
Pub. L. 95–521, title IV, § 403, Oct. 26, 1978, 92 Stat. 1863; Pub. L. 98–150, § 5, Nov. 11, 1983, 97 Stat. 960; Pub. L. 100–598, § 9, Nov. 3, 1988, 102 Stat. 3035; Pub. L. 104–179, § 2, Aug. 6, 1996, 110 Stat. 1566.
5 U.S.C. § 13124 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 13124. Rules and regulations
In promulgating rules and regulations pertaining to financial disclosure, conflict of interest, and ethics in the executive branch, the Director shall issue rules and regulations in accordance with chapter 5 of this title. Any person may seek judicial review of any such rule or regulation.
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4302.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
13124
5 U.S.C. App. (EGA § 404)
Pub. L. 95–521, title IV, § 404, Oct. 26, 1978, 92 Stat. 1863; Pub. L. 98–150, § 3(c), Nov. 11, 1983, 97 Stat. 960.
5 U.S.C. § 13125 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 13125. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter such sums as may be necessary for fiscal year 2007.
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4302.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
13125
5 U.S.C. App. (EGA § 405)
Pub. L. 95–521, title IV, § 405, Oct. 26, 1978, 92 Stat. 1863; Pub. L. 98–150, § 12, Nov. 11, 1983, 97 Stat. 963; Pub. L. 100–598, § 2, Nov. 3, 1988, 102 Stat. 3031; Pub. L. 101–334, § 2, July 16, 1990, 104 Stat. 318; Pub. L. 102–506, § 2, Oct. 24, 1992, 106 Stat. 3280; Pub. L. 104–179, § 3, Aug. 6, 1996, 110 Stat. 1566; Pub. L. 107–119, § 2, Jan. 15, 2002, 115 Stat. 2382; Pub. L. 109–289, div. B, title II, § 21069, as added Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 57.
Although provisions authorizing the appropriation of “such sums as may be necessary” are generally considered unnecessary, and although this provision is obsolete because it explicitly applies only to fiscal year 2007, the provision is nevertheless intentionally restated in chapter 131 of title 5, United States Code.
5 U.S.C. § 13126 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 13126. Reports to Congress
The Director shall, no later than April 30 of each year in which the second session of a Congress begins, submit to the Congress a report containing—
(1) a summary of the actions taken by the Director during a 2-year period ending on December 31 of the preceding year in order to carry out the Director’s functions and responsibilities under this subchapter; and
(2) such other information as the Director may consider appropriate.
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4302.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
13126
5 U.S.C. App. (EGA § 408)
Pub. L. 95–521, title IV, § 408, as added Pub. L. 100–598, § 4, Nov. 3, 1988, 102 Stat. 3031; amended Pub. L. 104–179, § 4(b)(2)(B), Aug. 6, 1996, 110 Stat. 1567.
5 U.S.C. § 13141 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 13141. Definitions
In this subchapter:
(1) Charitable organization.—
The term “charitable organization” means an organization described in section 170(c) of the Internal Revenue Code of 1986 (26 U.S.C. 170(c)).
(2) Honorarium.—
The term “honorarium” means a payment of money or any thing of value for an appearance, speech or article (including a series of appearances, speeches, or articles if the subject matter is directly related to the individual’s official duties or the payment is made because of the individual’s status with the Government) by a Member, officer or employee, excluding any actual and necessary travel expenses incurred by such individual (and one relative) to the extent that such expenses are paid or reimbursed by any other person, and the amount otherwise determined shall be reduced by the amount of any such expenses to the extent that such expenses are not paid or reimbursed.
(3) Member.—
The term “Member” means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.
(4) Officer or employee.—
The term “officer or employee” means any officer or employee of the Government except any special Government employee (as defined in section 202 of title 18).
(5) Travel expenses.—
The term “travel expenses” means, with respect to a Member, officer or employee, or a relative of any such individual, the cost of transportation, and the cost of lodging and meals while away from his or her residence or principal place of employment.
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4302.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
13141
5 U.S.C. App. (EGA § 505)
Pub. L. 95–521, title V, § 505, as added Pub. L. 101–194, title VI, § 601(a), Nov. 30, 1989, 103 Stat. 1761; amended Pub. L. 102–90, title I, § 6(b)(2), (3), title III, § 314(b), Aug. 14, 1991, 105 Stat. 450, 469.
5 U.S.C. § 13142 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 13142. Administration
This subchapter shall be subject to the rules and regulations of—
(1) and administered by—
(A) the Committee on Ethics of the House of Representatives, with respect to Members, officers, and employees of the House of Representatives; and
(B) in the case of Senators and legislative branch officers and employees other than those officers and employees specified in subparagraph (A), the committee to which reports filed by such officers and employees under subchapter I are transmitted under that subchapter, except that the authority of this section may be delegated by such committee with respect to such officers and employees;
(2) the Office of Government Ethics and administered by designated agency ethics officials with respect to officers and employees of the executive branch; and
(3) and administered by the Judicial Conference of the United States (or such other agency as it may designate) with respect to officers and employees of the judicial branch.
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4303.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
13142
5 U.S.C. App. (EGA § 503)
Pub. L. 95–521, title V, § 503, as added Pub. L. 101–194, title VI, § 601(a), Nov. 30, 1989, 103 Stat. 1761; amended Pub. L. 101–280, § 7(c), May 4, 1990, 104 Stat. 161; Pub. L. 102–90, title I, § 6(b)(1), Aug. 14, 1991, 105 Stat. 450.
In paragraph (1)(A), the words “Committee on Ethics of the House of Representatives” are substituted for “Committee on Standards of Official Conduct of the House of Representatives” because of House Resolution No. 5, 112th Congress, January 5, 2011.
5 U.S.C. § 13143 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 13143. Outside earned income limitation
(a) Outside Earned Income Limitation.—
(1) In general.—
Except as provided by paragraph (2), a Member or an officer or employee who is a noncareer officer or employee and who occupies a position classified above GS–15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule, may not in any calendar year have outside earned income attributable to such calendar year which exceeds 15 percent of the annual rate of basic pay for level II of the Executive Schedule under section 5313 of this title, as of January 1 of such calendar year.
(2) Portion of year.—
In the case of any individual who during a calendar year becomes a Member or an officer or employee who is a noncareer officer or employee and who occupies a position classified above GS–15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule, such individual may not have outside earned income attributable to the portion of that calendar year which occurs after such individual becomes a Member or such an officer or employee which exceeds 15 percent of the annual rate of basic pay for level II of the Executive Schedule under section 5313 of this title, as of January 1 of such calendar year multiplied by a fraction the numerator of which is the number of days such individual is a Member or such officer or employee during such calendar year and the denominator of which is 365.
(b) Honoraria Prohibition.—
An individual may not receive any honorarium while that individual is a Member, officer or employee.
(c) Treatment of Charitable Contributions.—
Any honorarium which, except for subsection (b), might be paid to a Member, officer or employee, but which is paid instead on behalf of such Member, officer or employee to a charitable organization, shall be deemed not to be received by such Member, officer or employee. No such payment shall exceed $2,000 or be made to a charitable organization from which such individual or a parent, sibling, spouse, child, or dependent relative of such individual derives any financial benefit.
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4303.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
13143
5 U.S.C. App. (EGA § 501)
Pub. L. 95–521, title V, § 501, as added Pub. L. 101–194, title VI, § 601(a), Nov. 30, 1989, 103 Stat. 1760; amended Pub. L. 101–280, § 7(a), May 4, 1990, 104 Stat. 161; Pub. L. 102–378, § 4(b)(1), (2), Oct. 2, 1992, 106 Stat. 1357.
heading: Editorial Notes
heading: References in Text
text: GS–15, referred to in subsec. (a), is contained in the General Schedule, which is set out under section 5332 of this title.