Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "5 U.S.C. § 101"
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description: "Executive departments"
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jurisdiction: "us"
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kind: "code_section"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "1"
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chapter_name: "ORGANIZATION"
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section: "101"
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citation: "5 U.S.C. § 101"
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---
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# 5 U.S.C. § 101 - Executive departments
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## Text
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The Executive departments are: The Department of State. The Department of the Treasury. The Department of Defense. The Department of Justice. The Department of the Interior. The Department of Agriculture. The Department of Commerce. The Department of Labor. The Department of Health and Human Services. The Department of Housing and Urban Development. The Department of Transportation. The Department of Energy. The Department of Education. The Department of Veterans Affairs. The Department of Homeland Security.
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378; Pub. L. 89–670, § 10(b), Oct. 15, 1966, 80 Stat. 948; Pub. L. 91–375, § 6(c)(1), Aug. 12, 1970, 84 Stat. 775; Pub. L. 95–91, title VII, § 710(a), Aug. 4, 1977, 91 Stat. 609; Pub. L. 96–88, title V, § 508(b), Oct. 17, 1979, 93 Stat. 692; Pub. L. 100–527, § 13(b), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 109–241, title IX, § 902(a)(1), July 11, 2006, 120 Stat. 566.)
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## Notes
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Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1.R.S. § 158.Feb. 9, 1889, ch. 122, § 1 (38th through 54th words), 25 Stat. 659. Feb. 14, 1903, ch. 552, § 1 (83d through 99th words), 32 Stat. 825. Mar. 4, 1913, ch. 141, § 1 (75th through 91st words), 37 Stat. 736. Aug. 10, 1949, ch. 412, § 4 “Sec. 201(c)”, 63 Stat. 579. July 31, 1956, ch. 802, § 1(a), 70 Stat. 732. 5 U.S.C. 2.R.S. § 159. The reference in former section 1 to the application of the provisions of this title, referring to title IV of the Revised Statutes, is omitted as unnecessary as the application of those provisions is stated in the text. The statement in former section 2 that the use of the word “department” means one of the Executive departments named in former section 1 is omitted as unnecessary as the words “Executive department” are used in this title when Executive department is meant. “The Department of Commerce” is substituted for “The Department of Commerce and Labor” on authority of the act of March 4, 1913, ch. 141, § 1, 37 Stat. 736.
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Editorial Notes
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Amendments2006—Pub. L. 109–241 inserted “The Department of Homeland Security.” 1988—Pub. L. 100–527 inserted “The Department of Veterans Affairs.” 1979—Pub. L. 96–88 substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare” and inserted “The Department of Education.” 1977—Pub. L. 95–91 inserted “The Department of Energy.” 1970—Pub. L. 91–375 struck out “The Post Office Department.” 1966—Pub. L. 89–670 inserted “The Department of Housing and Urban Development.” and “The Department of Transportation.”
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Statutory Notes and Related Subsidiaries
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Effective Date of 1988 AmendmentAmendment by Pub. L. 100–527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans’ Benefits.
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Effective Date of 1979 AmendmentAmendment by Pub. L. 96–88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of Title 20, Education.
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Effective Date of 1970 AmendmentAmendment 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.
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Effective Date of 1966 AmendmentAmendment by Pub. L. 89–670 effective Apr. 1, 1967, as prescribed by the President and published in the Federal Register, see section 16(a), formerly § 15(a), of Pub. L. 89–670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453.
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Short Title of 2025 AmendmentPub. L. 118–231, § 1, Jan. 4, 2025, 138 Stat. 2829, provided that: “This Act [enacting subchapter III of chapter 3 of this title] may be cited as the ‘Government Service Delivery Improvement Act’.”
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Short Title of 2024 AmendmentPub. L. 118–192, § 1, Dec. 23, 2024, 138 Stat. 2660, provided that: “This Act [amending section 8332 of this title and section 719 of Title 38, Veterans’ Benefits] may be cited as the ‘No Congressionally Obligated Recurring Revenue Used as Pensions To Incarcerated Officials Now Act’ or the ‘No CORRUPTION Act’.” Pub. L. 118–188, § 1, Dec. 23, 2024, 138 Stat. 2644, provided that: “This Act [amending sections 3302, 3304, 3330a, and 9810 of this title, sections 3008 and 6918 of Title 22, Foreign Relations and Intercourse, and section 17013 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 3304 of this title] may be cited as the ‘Chance to Compete Act of 2024’.” Pub. L. 118–104, § 1, Oct. 2, 2024, 138 Stat. 1586, provided that: “This Act [amending section 552a of this title] may be cited as the ‘Congressional Budget Office Data Access Act’.” Pub. L. 118–97, § 1, Oct. 1, 2024, 138 Stat. 1573, provided that: “This Act [amending section 801 of this title and enacting provisions set out as a note under section 801 of this title] may be cited as the ‘GAO Database Modernization Act of 2023’.” Pub. L. 118–71, § 1, July 25, 2024, 138 Stat. 1492, provided that: “This Act [amending section 413 of this title and enacting provisions set out as notes under section 413 of this title and section 4041 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘Federal Prison Oversight Act’.” Pub. L. 118–38, § 1, Feb. 6, 2024, 138 Stat. 13, provided that: “This Act [enacting and amending provisions set out as notes under section 5547 of this title] may be cited as the ‘Overtime Pay for Protective Services Act of 2023’.”
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Short Title of 2023 AmendmentPub. L. 118–9, § 1, July 25, 2023, 137 Stat. 55, provided that: “This Act [amending section 553 of this title] may be cited as the ‘Providing Accountability Through Transparency Act of 2023’.”
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Short Title of 2022 AmendmentPub. L. 117–328, div. Y, § 101, Dec. 29, 2022, 136 Stat. 5523, provided that: “This division [amending section 8421a of this title] may be cited as the ‘Continuity for Operators with Necessary Training Required for ATC Contract Towers Act of 2022’ or the ‘CONTRACT Act of 2022’.” Pub. L. 117–263, div. E, title LIII, § 5321, Dec. 23, 2022, 136 Stat. 3255, provided that: “This subtitle [subtitle B (§§ 5321, 5322) of title LIII of div. E of Pub. L. 117–263, enacting section 3330f of this title and provisions set out as a note under section 3330f of this title] may be cited as the ‘Periodically Listing Updates to Management Act of 2022’ or the ‘PLUM Act of 2022’.” Pub. L. 117–225, § 1, Dec. 9, 2022, 136 Stat. 2293, provided that: “This Act [amending sections 8336, 8412, 8414, 8415, 8421, 8421a, 8425, and 8462 of this title, sections 4045, 4046, and 4052 of Title 22, Foreign Relations and Intercourse, and section 2152 of Title 50, War and National Defense, and enacting provisions set out as notes under section 8336 of this title] may be cited as the ‘First Responder Fair Return for Employees on Their Initial Retirement Earned Act’ or the ‘First Responder Fair RETIRE Act’.” Pub. L. 117–108, title I, § 102(a), Apr. 6, 2022, 136 Stat. 1138, provided that: “This section [enacting section 2903 of Title 39, Postal Service, amending section 8909a of this title, and enacting provisions set out as a note under section 8909a of this title] may be cited as the ‘USPS Fairness Act’.”
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Short Title of 2021 AmendmentPub. L. 117–81, div. F, title LXII, § 6201, Dec. 27, 2021, 135 Stat. 2389, provided that: “This title [enacting section 4087 of Title 22, Foreign Relations and Intercourse, amending section 6502 of this title, section 1015d of Title 20, Education, and sections 3951 and 4026 of Title 22, and enacting provisions set out as notes under section 6502 of this title and section 1015d of Title 20] may be cited as the ‘Foreign Service Families Act of 2021’.” Pub. L. 117–17, § 1, June 17, 2021, 135 Stat. 287, provided that: “This Act [amending section 6103 of this title] may be cited as the ‘Juneteenth National Independence Day Act’.” Pub. L. 116–283, div. A, title XI, § 1131, Jan. 1, 2021, 134 Stat. 3900, provided that: “This subtitle [subtitle B (§§ 1131–1138) of title XI of div. A of Pub. L. 116–283, amending section 2302 of this title and enacting and amending provisions set out as notes under section 2301 of this title] may be cited as the ‘Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020’.”
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Short Title of 2020 AmendmentPub. L. 116–269, § 1, Dec. 30, 2020, 134 Stat. 3323, provided that: “This Act [amending provisions set out as a note under section 5547 of this title] may be cited as the ‘Secret Service Overtime Pay Extension Act’.” Pub. L. 116–126, § 1, Mar. 18, 2020, 134 Stat. 174, provided that: “This Act [enacting sections 8345a and 8466a of this title, amending sections 8331, 8345, 8348, 8401, and 8466 of this title, and enacting provisions set out as notes under section 8331 of this title] may be cited as the ‘Representative Payee Fraud Prevention Act of 2019’.”
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Short Title of 2019 AmendmentPub. L. 116–92, div. A, title XI, § 1121, Dec. 20, 2019, 133 Stat. 1605, provided that: “This subtitle [subtitle B (§§ 1121–1124) of title XI of Pub. L. 116–92, enacting chapter 92 of this title, section 1316b of Title 2, The Congress, section 2339 of Title 10, Armed Forces, and section 4714 of Title 41, Public Contracts, amending sections 1302 and 1317 of Title 2, section 62 of Title 26, Internal Revenue Code, and section 604 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections 9201 and 9202 of this title, section 2339 of Title 10, section 10132 of Title 34, Crime Control and Law Enforcement, and section 4714 of Title 41] may be cited as the ‘Fair Chance to Compete for Jobs Act of 2019’ or the ‘Fair Chance Act’.” Pub. L. 116–92, div. F, title LXXVI, § 7601, Dec. 20, 2019, 133 Stat. 2304, provided that: “This subtitle [subtitle A (§§ 7601–7606) of title LXXVI of Pub. L. 116–92, amending section 6382 of this title, section 1312 of Title 2, The Congress, and sections 2611 and 2612 of Title 29, Labor, enacting provisions set out as notes under section 6382 of this title, section 1312 of Title 2, and sections 2611 and 2612 of Title 29, and amending provisions set out as a note under section 44935 of Title 49, Transportation] may be cited as the ‘Federal Employee Paid Leave Act’.” Pub. L. 116–50, § 1, Aug. 22, 2019, 133 Stat. 1073, provided that: “This Act [enacting provisions set out as a note under section 552a of this title] may be cited as the ‘Creating Advanced Streamlined Electronic Services for Constituents Act of 2019’ or the ‘CASES Act’.” Pub. L. 115–435, § 1(a), Jan. 14, 2019, 132 Stat. 5529, provided that: “This Act [enacting subchapter II of chapter 3 of this title, subchapter III of chapter 35 of Title 44, Public Printing and Documents, and section 3520A of Title 44, amending section 306 of this title, section 402 of Title 13, Census, section 176a of Title 15, Commerce and Trade, sections 3502, 3504, 3506, 3511, and 3520 of Title 44, and sections 6302 and 6314 of Title 49, Transportation, enacting provisions set out as notes under sections 306 and 311 of this title and sections 101, 3506, and 3561 of Title 44, amending provisions set out as a note under section 20155 of Title 49, and repealing provisions set out as a note under section 3501 of Title 44] may be cited as the ‘Foundations for Evidence-Based Policymaking Act of 2018’.”
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Short Title of 2018 AmendmentPub. L. 115–383, § 1, Dec. 21, 2018, 132 Stat. 5121, provided that: “This Act [amending provisions set out as a note under section 5547 of this title] may be cited as the ‘Secret Service Overtime Pay Extension Act’.” Pub. L. 115–352, § 1, Dec. 21, 2018, 132 Stat. 5067, provided that: “This Act [amending sections 8334 and 8422 of this title and enacting provisions set out as a note under section 8334 of this title], may be cited as the ‘Correcting Miscalculations in Veterans’ Pensions Act’.” Pub. L. 115–238, § 1, Sept. 7, 2018, 132 Stat. 2450, provided that: “This Act [amending section 6329 of this title and enacting provisions set out as a note under section 6329 of this title] may be cited as the ‘Veterans Providing Healthcare Transition Improvement Act’.” Pub. L. 115–195, § 1, July 7, 2018, 132 Stat. 1510, provided that: “This Act [amending section 7703 of this title and enacting provisions set out as a note under section 7703 of this title] may be cited as the ‘All Circuit Review Act’.” Pub. L. 115–160, § 1, Apr. 3, 2018, 132 Stat. 1246, provided that: “This Act [enacting and amending provisions set out as notes under section 5547 of this title] may be cited as the ‘Secret Service Recruitment and Retention Act of 2018’.”
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Short Title of 2017 AmendmentPub. L. 115–84, § 1, Nov. 17, 2017, 131 Stat. 1272, provided that: “This Act [amending sections 8432b and 8433 of this title and enacting provisions set out as notes under sections 8432b and 8433 of this title] may be cited as the ‘TSP Modernization Act of 2017’.” Pub. L. 115–73, § 1(a), Oct. 26, 2017, 131 Stat. 1235, provided that: “This Act [enacting sections 2307 and 7515 of this title, amending sections 1214, 1221, 2302, 4505a, and 5755 of this title and sections 3657 and 3673 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under sections 1212 and 2301 of this title and section 703 of Title 38, Veterans’ Benefits, and amending provisions set out as a note under section 2302 of this title] may be cited as the ‘Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017’.” Pub. L. 115–40, § 1, June 14, 2017, 131 Stat. 861, provided that: “This Act [amending section 2302 of this title] may be cited as the ‘Follow the Rules Act’.” Pub. L. 115–34, § 1, May 16, 2017, 131 Stat. 846, provided that: “This Act [amending section 5707 of this title and enacting provisions set out as a note under section 5707 of this title] may be cited as the ‘Modernizing Government Travel Act’.” Pub. L. 115–1, § 1, Jan. 20, 2017, 131 Stat. 3, provided that: “This Act [enacting sections 3171 and 3172 of this title and provisions set out as a note under section 3171 of this title] may be cited as the ‘Tested Ability to Leverage Exceptional National Talent Act of 2017’ or the ‘TALENT Act of 2017’.”
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Short Title of 2016 AmendmentPub. L. 114–328, div. A, title XI, § 1138(a), Dec. 23, 2016, 130 Stat. 2460, provided that: “This section [enacting sections 6329a to 6329c of this title, amending section 6502 of this title, and enacting provisions set out as notes under section 6329a of this title] may be cited as the ‘Administrative Leave Act of 2016’.” Pub. L. 114–302, § 1, Dec. 16, 2016, 130 Stat. 1516, provided that: “This Act [amending section 2303 of this title] may be cited as the ‘Federal Bureau of Investigation Whistleblower Protection Enhancement Act of 2016’.” Pub. L. 114–185, § 1, June 30, 2016, 130 Stat. 538, provided that: “This Act [amending section 552 of this title and section 3102 of Title 44, Public Printing and Documents, and enacting provisions set out as notes under section 552 of this title] may be cited as the ‘FOIA Improvement Act of 2016’.” Pub. L. 114–137, § 1, Mar. 18, 2016, 130 Stat. 310, provided that: “This Act [amending sections 3318, 3319, and 9510 of this title and enacting provisions set out as a note under section 3318 of this title] may be cited as the ‘Competitive Service Act of 2015’.” Pub. L. 114–136, § 1, Mar. 18, 2016, 130 Stat. 301, provided that: “This Act [amending sections 8331, 8701, and 8901 of this title and section 2203 of Title 44, Public Printing and Documents, enacting provisions set out as a note under section 3101 of this title, amending provisions set out as a note under section 102 of Title 3, The President, and repealing provisions set out as a note under section 102 of Title 3] may be cited as the ‘Edward “Ted” Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015’.”
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Short Title of 2015 AmendmentPub. L. 114–75, § 1, Nov. 5, 2015, 129 Stat. 640, provided that: “This Act [enacting section 6329 of this title and provisions set out as notes under section 6329 of this title] may be cited as the ‘Wounded Warriors Federal Leave Act of 2015’.” Pub. L. 114–62, § 1, Oct. 7, 2015, 129 Stat. 547, provided that: “This Act [amending section 2108 of this title and enacting provisions set out as a note under section 2108 of this title] may be cited as the ‘Gold Star Fathers Act of 2015’.” Pub. L. 114–47, § 1, Aug. 7, 2015, 129 Stat. 485, provided that: “This Act [enacting chapter 96 of this title] may be cited as the ‘Land Management Workforce Flexibility Act’.”
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Short Title of 2014 AmendmentPub. L. 113–277, § 1, Dec. 18, 2014, 128 Stat. 2995, provided that: “This Act [enacting section 5550 of this title and section 147 of Title 6, Domestic Security, amending sections 3132, 5542, 5547, and 8331 of this title and section 213 of Title 29, Labor, and enacting provisions set out as notes under sections 5542 and 5550 of this title and section 146 of Title 6] may be cited as the ‘Border Patrol Agent Pay Reform Act of 2014’.” Pub. L. 113–255, § 1, Dec. 18, 2014, 128 Stat. 2920, provided that: “This Act [amending sections 8438, 8439, 8472, and 8477 of this title and enacting provisions set out as notes under section 8438 of this title] may be cited as the ‘Smart Savings Act’.” Pub. L. 113–170, § 1, Sept. 26, 2014, 128 Stat. 1894, provided that: “This Act [amending section 7703 of this title] may be cited as the ‘All Circuit Review Extension Act’.” Pub. L. 113–80, § 1, Feb. 12, 2014, 128 Stat. 1006, provided that: “This Act [amending section 1304 of this title] may be cited as the ‘OPM IG Act’.”
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Short Title of 2012 AmendmentPub. L. 112–230, § 1, Dec. 28, 2012, 126 Stat. 1616, provided that: “This Act [enacting section 7326 of this title, amending sections 1501, 1502, 1506, 7322, and 7325 of this title, repealing former section 7326 of this title, and enacting provisions set out as notes under sections 1501 and 7326 of this title] may be cited as the ‘Hatch Act Modernization Act of 2012’.” Pub. L. 112–199, § 1, Nov. 27, 2012, 126 Stat. 1465, provided that: “This Act [enacting section 2304 of this title, amending sections 1204, 1212, 1214, 1215, 1221, 2302, and 7703 of this title, sections 3 and 8D of the Inspector General Act of 1978, Pub. L. 95–452, formerly set out in the Appendix to this title, and section 133 of Title 6, Domestic Security, renumbering sections 2304 and 2305 of this title as sections 2305 and 2306, respectively, of this title and enacting provisions set out as notes under sections 1204, 2302, and 2304 of this title, section 3 of the Inspector General Act of 1978, and section 1116 of Title 31, Money and Finance] may be cited as the ‘Whistleblower Protection Enhancement Act of 2012’.” Pub. L. 112–166, § 1, Aug. 10, 2012, 126 Stat. 1283, provided that: “This Act [see Tables for classification] may be cited as the ‘Presidential Appointment Efficiency and Streamlining Act of 2011’.”
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Short Title of 2010 AmendmentPub. L. 111–292, § 1, Dec. 9, 2010, 124 Stat. 3165, provided that: “This Act [enacting chapter 65 and section 5711 of this title and provisions set out as a note under section 6501 of this title and amending provisions set out as a note and provisions listed in a table under section 6120 of this title] may be cited as the ‘Telework Enhancement Act of 2010’.” Pub. L. 111–282, § 1(a), Oct. 15, 2010, 124 Stat. 3033, provided that: “This Act [enacting chapter 102 of this title, amending sections 5102, 5541, 6304, and 6324 of this title, enacting provisions set out as notes under sections 5102 and 10201 of this title, and amending provisions set out as notes under section 3056A of Title 18, Crimes and Criminal Procedure] may be cited as the ‘United States Secret Service Uniformed Division Modernization Act of 2010’.” Pub. L. 111–178, § 1, June 9, 2010, 124 Stat. 1262, provided that: “This Act [enacting section 5724d of this title and provisions set out as a note under section 5724d of this title] may be cited as the ‘Special Agent Samuel Hicks Families of Fallen Heroes Act’.”
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Short Title of 2009 AmendmentPub. L. 111–83, title V, § 564(a), Oct. 28, 2009, 123 Stat. 2184, provided that: “This section [amending section 552 of this title] may be cited as the ‘OPEN FOIA Act of 2009’.” Pub. L. 111–31, div. B, § 100(a), June 22, 2009, 123 Stat. 1852, provided that: “This division [enacting sections 8432d and 8480 of this title, amending sections 8432, 8433, 8437 to 8439, and 8477 of this title and section 1450 of Title 10, Armed Forces, and enacting provisions set out as notes under this section and section 8439 of this title] may be cited as the ‘Federal Retirement Reform Act of 2009’.” Pub. L. 111–31, div. B, title I, § 101, June 22, 2009, 123 Stat. 1853, provided that: “This title [enacting sections 8432d and 8480 of this title, amending sections 8432, 8433, 8437 to 8439, and 8477 of this title, and enacting provisions set out as a note under section 8439 of this title] may be cited as the ‘Thrift Savings Plan Enhancement Act of 2009’.”
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Short Title of 2008 AmendmentPub. L. 110–372, § 1, Oct. 8, 2008, 122 Stat. 4043, provided that: “This Act [amending sections 3104, 3324, 3325, 5108, 5304, 5307 and 5376 of this title and enacting provisions set out as notes under sections 5307 and 5376 of this title] may be cited as the ‘Senior Professional Performance Act of 2008’.” Pub. L. 110–290, § 1, July 30, 2008, 122 Stat. 2914, provided that: “This Act [amending section 596 of this title] may be cited as the ‘Regulatory Improvement Act of 2007’.”
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Short Title of 2007 AmendmentPub. L. 110–175, § 1, Dec. 31, 2007, 121 Stat. 2524, provided that: “This Act [amending section 552 of this title and enacting provisions set out as notes under section 552 of this title] may be cited as the ‘Openness Promotes Effectiveness in our National Government Act of 2007’ or the ‘OPEN Government Act of 2007’.”
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Short Title of 2006 AmendmentPub. L. 109–435, title VIII, § 801, Dec. 20, 2006, 120 Stat. 3249, provided that: “This title [enacting section 8909a of this title, amending sections 8334, 8348, and 8906 of this title, enacting provisions set out as notes under sections 8334, 8348, and 8909a of this title, and repealing provisions set out as a note preceding section 2001 of Title 39, Postal Service] may be cited as the ‘Postal Civil Service Retirement and Health Benefits Funding Amendments of 2006’.” Pub. L. 109–356, § 1(a), Oct. 16, 2006, 120 Stat. 2019, provided that: “This Act [amending sections 5102, 8951, 8981, and 9001 of this title, sections 202, 214, 215b, 216, 216a, 221, 321, and 1813 of Title 12, Banks and Banking, and section 57a of Title 15, Commerce and Trade] may be cited as the ‘2005 District of Columbia Omnibus Authorization Act’.”
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Short Title of 2004 AmendmentsPub. L. 108–496, § 1, Dec. 23, 2004, 118 Stat. 4001, provided that: “This Act [enacting chapters 89A and 89B of this title, amending section 1005 of Title 39, Postal Service, and enacting provisions set out as a note under section 8951 of this title] may be cited as the ‘Federal Employee Dental and Vision Benefits Enhancement Act of 2004’.” Pub. L. 108–469, § 1(a), Dec. 21, 2004, 118 Stat. 3891, provided that: “This Act [amending sections 8351, 8432, 8433, 8439, and 8440a to 8440e of this title and enacting provisions set out as a note under section 8350 of this title] may be cited as the ‘Thrift Savings Plan Open Elections Act of 2004’.” Pub. L. 108–411, § 1(a), Oct. 30, 2004, 118 Stat. 2305, provided that: “This Act [enacting sections 4121, 5550b, 5753, and 5754 of this title, amending sections 4103, 4505a, 5302, 5304, 5305, 5314, 5334, 5361, 5363, 5365, 5377, and 6303 of this title, repealing former sections 5753 and 5754 of this title, enacting provisions set out as notes under sections 5304, 5363, 5550b, 5753, and 6303 of this title, and amending provisions set out as a note under section 5305 of this title] may be cited as the ‘Federal Workforce Flexibility Act of 2004’.” Pub. L. 108–401, § 1, Oct. 30, 2004, 118 Stat. 2255, provided that: “This Act [amending sections 591, 594, and 596 of this title] may be cited as the ‘Federal Regulatory Improvement Act of 2004’.” Pub. L. 108–201, § 1, Feb. 24, 2004, 118 Stat. 461, provided that: “This Act [enacting chapter 98 of this title, amending section 2473 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 2473 of Title 42] may be cited as the ‘NASA Flexibility Act of 2004’.”
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Short Title of 2003 AmendmentsPub. L. 108–196, § 1, Dec. 19, 2003, 117 Stat. 2896, provided that: “This Act [enacting provisions set out as a note under section 3371 of this title] may be cited as the ‘Federal Law Enforcement Pay and Benefits Parity Act of 2003’.” Pub. L. 108–123, § 1, Nov. 11, 2003, 117 Stat. 1345, provided that: “This Act [amending section 5379 of this title] may be cited as the ‘Federal Employee Student Loan Assistance Act’.” Pub. L. 108–44, § 1, July 3, 2003, 117 Stat. 842, provided that: “This Act [enacting section 3114 of this title] may be cited as the ‘Accountant, Compliance, and Enforcement Staffing Act of 2003’.” Pub. L. 108–18, § 1, Apr. 23, 2003, 117 Stat. 624, provided that: “This Act [amending sections 8331, 8334, and 8348 of this title, enacting provisions set out as notes under sections 8334 and 8348 of this title and preceding section 2001 of Title 39, Postal Service, and repealing provisions set out as a note under section 8348 of this title] may be cited as the ‘Postal Civil Service Retirement System Funding Reform Act of 2003’.”
|
||||
|
||||
Short Title of 2002 AmendmentPub. L. 107–296, title XIII, § 1301, Nov. 25, 2002, 116 Stat. 2287, provided that: “This title [enacting chapter 14 of this title, subchapter II of chapter 35 of this title, and section 3319 of this title, amending sections 1103, 3111, 3304, 3393, 3592 to 3594, 4107, 5307, 7701, 7905, 8336, 8339, 8414, and 8421 of this title, sections 1115 and 1116 of Title 31, Money and Finance, and section 1902 of Title 50, War and National Defense, repealing section 3393a of this title, enacting provisions set out as notes under sections 1103, 1401, 3301, 3521, 3592, 3593, and 8336 of this title, and repealing provisions set out as notes under sections 8336 and 8414 of this title] may be cited as the ‘Chief Human Capital Officers Act of 2002’.”
|
||||
|
||||
Short Title of 2001 AmendmentPub. L. 107–27, § 1, Aug. 20, 2001, 115 Stat. 207, provided that: “This Act [amending sections 8335 and 8425 of this title] may be cited as the ‘Federal Firefighters Retirement Age Fairness Act’.”
|
||||
|
||||
Prohibition Against Construction That Would Render Applicable to the Department of Transportation Provisions of Law Inconsistent With Pub. L. 89–670 Creating the Department of TransportationPub. L. 89–670, § 10(c), Oct. 15, 1966, 80 Stat. 948, which provided that the amendment made to this section by section 10(b) of Pub. L. 89–670 was not to be construed to make applicable to the Department any provision of law inconsistent with Pub. L. 89–670, was repealed by Pub. L. 104–287, § 7(5), Oct. 11, 1996, 110 Stat. 3400.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 102"
|
||||
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|
||||
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|
||||
corpus: "united_states_code"
|
||||
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|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "1"
|
||||
chapter_name: "ORGANIZATION"
|
||||
section: "102"
|
||||
citation: "5 U.S.C. § 102"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
source_identifier: "/us/usc/t5/s102"
|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 102 - Military departments
|
||||
|
||||
## Text
|
||||
|
||||
The military departments are: The Department of the Army. The Department of the Navy. The Department of the Air Force.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision NotesThe section is supplied to avoid the necessity for defining “military departments” each time it is used in this title. See section 101(7) of title 10.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 103"
|
||||
description: "Government corporation"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "1"
|
||||
chapter_name: "ORGANIZATION"
|
||||
section: "103"
|
||||
citation: "5 U.S.C. § 103"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 103 - Government corporation
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of this title—
|
||||
|
||||
(1) “Government corporation” means a corporation owned or controlled by the Government of the United States; and
|
||||
|
||||
(2) “Government controlled corporation” does not include a corporation owned by the Government of the United States.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision NotesThe section is supplied to avoid the necessity for defining “Government corporation” and “Government controlled corporation” each time it is used in this title.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 104"
|
||||
description: "Independent establishment"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "1"
|
||||
chapter_name: "ORGANIZATION"
|
||||
section: "104"
|
||||
citation: "5 U.S.C. § 104"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s104"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 104 - Independent establishment
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of this title, “independent establishment” means—
|
||||
|
||||
(1) an establishment in the executive branch (other than the United States Postal Service or the Postal Regulatory Commission) which is not an Executive department, military department, Government corporation, or part thereof, or part of an independent establishment; and
|
||||
|
||||
(2) the Government Accountability Office.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 91–375, § 6(c)(2), Aug. 12, 1970, 84 Stat. 775; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–435, title VI, § 604(b), Dec. 20, 2006, 120 Stat. 3241.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision NotesThe section is supplied to avoid the necessity for defining “independent establishment” each time it is used in this title. Certain agencies are not independent establishments under the definition since they are constituent agencies or parts of an independent establishment. However, these agencies would continue to be subject to the provisions of this title applicable to the independent establishment of which they are a constituent or part. Also, the definition does not expand or abridge any rights or authority possessed by these agencies as no substantive changes are intended, see section 7(a) of the bill.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Par. (1). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”. 2004—Par. (2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 1970—Par. (1). Pub. L. 91–375 inserted “(other than the United States Postal Service or the Postal Rate Commission)” after “executive branch”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1970 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,39 @@
|
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---
|
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|
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title: "5 U.S.C. § 105"
|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "1"
|
||||
chapter_name: "ORGANIZATION"
|
||||
section: "105"
|
||||
citation: "5 U.S.C. § 105"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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source_identifier: "/us/usc/t5/s105"
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 105 - Executive agency
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision NotesThe section is supplied to avoid the necessity for defining “Executive agency” each time it is used in this title.
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1001"
|
||||
description: "Definitions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "10"
|
||||
chapter_name: "FEDERAL ADVISORY COMMITTEES"
|
||||
section: "1001"
|
||||
citation: "5 U.S.C. § 1001"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
source_identifier: "/us/usc/t5/s1001"
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1001 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
In this chapter:
|
||||
|
||||
(1) Administrator.— The term “Administrator” means the Administrator of General Services.
|
||||
|
||||
(2) Advisory committee.— (A) In general.— The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is—
|
||||
|
||||
(i) established by statute or reorganization plan;
|
||||
|
||||
(ii) established or utilized by the President; or
|
||||
|
||||
(iii) established or utilized by one or more agencies.
|
||||
|
||||
(B) Exclusions.— The term “advisory committee” excludes—
|
||||
|
||||
(i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and
|
||||
|
||||
(ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration.
|
||||
|
||||
(3) Agency.— The term “agency” has the meaning given the term in section 551 of this title.
|
||||
|
||||
(4) Presidential advisory committee.— The term “Presidential advisory committee” means an advisory committee that advises the President.
|
||||
|
||||
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4197.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10015 U.S.C. App. (FACA § 3)Pub. L. 92–463, § 3, Oct. 6, 1972, 86 Stat. 770; Pub. L. 105–153, § 2(a), Dec. 17, 1997, 111 Stat. 2689. [Although not mentioned in the explanation contained in H. Rept. 117–193, in par. (1), “ ‘Administrator’ means the Administrator of General Services” substituted for “ ‘Director’ means the Director of the Office of Management and Budget” because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.).]
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Short Title of 1997 ActPub. L. 105–153, § 1, Dec. 17, 1997, 111 Stat. 2689, provided that: “This Act [see Tables for classification] may be cited as the ‘Federal Advisory Committee Act Amendments of 1997’.”
|
||||
|
||||
Short Title of 1972 ActPub. L. 92–463, § 1, Oct. 6, 1972, 86 Stat. 770, provided that: “This Act [see Tables for classification] may be cited as the ‘Federal Advisory Committee Act’.”
|
||||
@@ -0,0 +1,67 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1002"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "10"
|
||||
chapter_name: "FEDERAL ADVISORY COMMITTEES"
|
||||
section: "1002"
|
||||
citation: "5 U.S.C. § 1002"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1002 - Findings and declarations
|
||||
|
||||
## Text
|
||||
|
||||
(a) Findings.— Congress finds that there are numerous committees, boards, commissions, councils, and similar groups which have been established to advise officers and agencies in the executive branch of the Federal Government and that they are frequently a useful and beneficial means of furnishing expert advice, ideas, and diverse opinions to the Federal Government.
|
||||
|
||||
(b) Findings and Declarations.— Congress further finds and declares that—
|
||||
|
||||
(1) the need for many existing advisory committees has not been adequately reviewed;
|
||||
|
||||
(2) new advisory committees should be established only when they are determined to be essential and their number should be kept to the minimum necessary;
|
||||
|
||||
(3) advisory committees should be terminated when they are no longer carrying out the purposes for which they were established;
|
||||
|
||||
(4) standards and uniform procedures should govern the establishment, operation, administration, and duration of advisory committees;
|
||||
|
||||
(5) Congress and the public should be kept informed with respect to the number, purpose, membership, activities, and cost of advisory committees; and
|
||||
|
||||
(6) the function of advisory committees should be advisory only, and all matters under their consideration should be determined, in accordance with law, by the official, agency, or officer involved.
|
||||
|
||||
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4198.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10025 U.S.C. App. (FACA § 2)Pub. L. 92–463, § 2, Oct. 6, 1972, 86 Stat. 770.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Executive Order No. 11007 Ex. Ord. No. 11007, Feb. 27, 1962, 27 F.R. 1875, which related to regulations for formation and use of advisory committees, was superseded by Ex. Ord. No. 11671, June 5, 1972, 37 F.R. 11307.
|
||||
|
||||
Executive Order No. 11671 Ex. Ord. No. 11671, June 5, 1972, 37 F.R. 11307, which related to committee management, was superseded by Ex. Ord. No. 11686, Oct. 7, 1972, 37 F.R. 21421.
|
||||
|
||||
Executive Order No. 11686 Ex. Ord. No. 11686, Oct. 7, 1972, 37 F.R. 21421, which related to committee management, was superseded by Ex. Ord. No. 11769, Feb. 21, 1974, 39 F.R. 7125.
|
||||
|
||||
Executive Order No. 11769 Ex. Ord. No. 11769, Feb. 21, 1974, 39 F.R. 7125, which related to committee management, was revoked by Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, set out below.
|
||||
|
||||
Ex. Ord. No. 12024. Transfer of Certain Advisory Committee Functions Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], Section 301 of Title 3 of the United States Code, Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C. 1531], and Section 7 of Reorganization Plan No. 1 of 1977 (42 F.R. 56101 (October 21, 1977)) [set out in the Appendix to this title], and as President of the United States of America, in accord with the transfer of advisory committee functions from the Office of Management and Budget to the General Services Administration provided by Reorganization Plan No. 1 of 1977, it is hereby ordered as follows: Section 1. The transfer, provided by Section 5F of Reorganization Plan No. 1 of 1977 (42 F.R. 56101) [set out in the Appendix to this title], of certain functions under the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], from the Office of Management and Budget and its Director to the Administrator of General Services is hereby effective. Sec. 2. There is hereby delegated to the Administrator of General Services all the functions vested in the President by the Federal Advisory Committee Act, as amended, except that, the annual report to the Congress required by Section 6(c) of that Act shall be prepared by the Administrator for the President’s consideration and transmittal to the Congress. Sec. 3. The Director of the Office of Management and Budget shall take all actions necessary or appropriate to effectuate the transfer of functions provided in this Order, including the transfer of funds, personnel and positions, assets, liabilities, contracts, property, records, and other items related to the functions transferred. Sec. 4. Executive Order No. 11769 of February 21, 1974 is hereby revoked. Sec. 5. Any rules, regulations, orders, directives, circulars, or other actions taken pursuant to the functions transferred or reassigned as provided in this Order from the Office of Management and Budget to the Administrator of General Services, shall remain in effect as if issued by the Administrator until amended, modified, or revoked. Sec. 6. This Order shall be effective November 20, 1977. Jimmy Carter.
|
||||
|
||||
Lobbyists on Agency Boards and Commissions Memorandum of President of the United States, June 18, 2010, 75 F.R. 35955, provided: Memorandum for the Heads of Executive Departments and Agencies My Administration is committed to reducing the undue influence of special interests that for too long has shaped the national agenda and drowned out the voices of ordinary Americans. Special interests exert this disproportionate influence, in part, by relying on lobbyists who have special access that is not available to all citizens. Although lobbyists can sometimes play a constructive role by communicating information to the government, their service in privileged positions within the executive branch can perpetuate the culture of special-interest access that I am committed to changing. On the day after my inauguration, I signed Executive Order 13490, which places strict limits on the ability of lobbyists to serve in Government positions related to their prior lobbying activities. Last September, we took another step to close the revolving door through which lobbyists enter and exit Government positions when we announced that my Administration aspires to keep Federal agencies’ advisory boards free of federally registered lobbyists. Many departments and agencies are making this aspiration a reality by no longer placing federally registered lobbyists on advisory boards—a practice that I am now establishing as the official policy of my Administration. Accordingly, I hereby direct the heads of executive departments and agencies not to make any new appointments or reappointments of federally registered lobbyists to advisory committees and other boards and commissions. Within 90 days of the date of this memorandum, the Director of the Office of Management and Budget shall issue proposed guidance designed to implement this policy to the full extent permitted by law. The final guidance shall be issued following public comment on the proposed guidance. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register. Barack Obama.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1003"
|
||||
description: "Applicability"
|
||||
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|
||||
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|
||||
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|
||||
title_number: 5
|
||||
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|
||||
chapter_number: "10"
|
||||
chapter_name: "FEDERAL ADVISORY COMMITTEES"
|
||||
section: "1003"
|
||||
citation: "5 U.S.C. § 1003"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1003"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "b261ada4923f400b21ac1f2081d1f9a04cc89fc691824ef69db7b1edb1835613"
|
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text_hash: "895ad183e77b48e3fb036388b64e16ee65bbf4ca01bb8351975a2ec2ca784f06"
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||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1003 - Applicability
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— This chapter, and any rule, order, or regulation promulgated under this chapter, shall apply to each advisory committee except to the extent that the Act establishing the advisory committee specifically provides otherwise.
|
||||
|
||||
(b) Exemptions Relating to Certain Federal Entities.— Nothing in this chapter shall be construed to apply to an advisory committee established or utilized by—
|
||||
|
||||
(1) the Central Intelligence Agency;
|
||||
|
||||
(2) the Federal Reserve System; or
|
||||
|
||||
(3) the Office of the Director of National Intelligence, if the Director of National Intelligence determines that for reasons of national security the advisory committee cannot comply with the requirements of this chapter.
|
||||
|
||||
(c) Exemptions Relating to Certain Local and State Entities.— Nothing in this chapter shall be construed to apply to any local civic group whose primary function is that of rendering a public service with respect to a Federal program, or any State or local committee, council, board, commission, or similar group established to advise or make recommendations to State or local officials or agencies.
|
||||
|
||||
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4198.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10035 U.S.C. App. (FACA § 4)Pub. L. 92–463, § 4, Oct. 6, 1972, 86 Stat. 771; Pub. L. 111–259, title IV, § 410(a), Oct. 7, 2010, 124 Stat. 2724.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1004"
|
||||
description: "Responsibilities of congressional committees"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "10"
|
||||
chapter_name: "FEDERAL ADVISORY COMMITTEES"
|
||||
section: "1004"
|
||||
citation: "5 U.S.C. § 1004"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1004"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
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source_hash: "700a64b7480ad2cb5f7a9f475fd4c07b4b7cb38274e93b431f49c2b799888e0a"
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1004 - Responsibilities of congressional committees
|
||||
|
||||
## Text
|
||||
|
||||
(a) Review of Activities.— In the exercise of its legislative review function, each standing committee of the Senate and the House of Representatives shall make a continuing review of the activities of each advisory committee under its jurisdiction to determine whether such advisory committee should be abolished or merged with any other advisory committee, whether the responsibilities of such advisory committee should be revised, and whether such advisory committee performs a necessary function not already being performed. Each such standing committee shall take appropriate action to obtain the enactment of legislation necessary to carry out the purpose of this subsection.
|
||||
|
||||
(b) Consideration of Legislation.— In considering legislation establishing, or authorizing the establishment of any advisory committee, each standing committee of the Senate and of the House of Representatives shall determine, and report such determination to the Senate or to the House of Representatives, as the case may be, whether the functions of the proposed advisory committee are being or could be performed by one or more agencies or by an advisory committee already in existence, or by enlarging the mandate of an existing advisory committee. Any such legislation shall—
|
||||
|
||||
(1) contain a clearly defined purpose for the advisory committee;
|
||||
|
||||
(2) require the membership of the advisory committee to be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee;
|
||||
|
||||
(3) contain appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee’s independent judgment;
|
||||
|
||||
(4) contain provisions dealing with authorization of appropriations, the date for submission of reports (if any), the duration of the advisory committee, and the publication of reports and other materials, to the extent that the standing committee determines the provisions of section 1009 of this chapter to be inadequate; and
|
||||
|
||||
(5) contain provisions which will assure that the advisory committee will have adequate staff (either supplied by an agency or employed by it), will be provided adequate quarters, and will have funds available to meet its other necessary expenses.
|
||||
|
||||
(c) Adherence to Guidelines.— To the extent they are applicable, the guidelines set out in subsection (b) shall be followed by the President, agency heads, or other Federal officials in creating an advisory committee.
|
||||
|
||||
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4198.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10045 U.S.C. App. (FACA § 5)Pub. L. 92–463, § 5, Oct. 6, 1972, 86 Stat. 771.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1005"
|
||||
description: "Responsibilities of the President"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
chapter_number: "10"
|
||||
chapter_name: "FEDERAL ADVISORY COMMITTEES"
|
||||
section: "1005"
|
||||
citation: "5 U.S.C. § 1005"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1005"
|
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source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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source_hash: "e59f4568eaa7824c78f70af8862a69018cf7dc79b3be0481c0f9c1dedf23bd8c"
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text_hash: "266baf02d31daf83c275e16594e83f16798c7f1464b540f96e550e875e06dd01"
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1005 - Responsibilities of the President
|
||||
|
||||
## Text
|
||||
|
||||
(a) Delegation.— The President may delegate responsibility for evaluating and taking action, where appropriate, with respect to all public recommendations made to the President by Presidential advisory committees.
|
||||
|
||||
(b) Report on Response to Recommendations.— Within 1 year after a Presidential advisory committee submits a public report to the President, the President or the President’s delegate shall submit to Congress a report stating either proposals for action or reasons for inaction, with respect to the recommendations contained in the public report.
|
||||
|
||||
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4199.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10055 U.S.C. App. (FACA § 6(a), (b))Pub. L. 92–463, § 6(a), (b), Oct. 6, 1972, 86 Stat. 772.
|
||||
@@ -0,0 +1,75 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1006"
|
||||
description: "Responsibilities of the Administrator"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "10"
|
||||
chapter_name: "FEDERAL ADVISORY COMMITTEES"
|
||||
section: "1006"
|
||||
citation: "5 U.S.C. § 1006"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1006"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
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source_hash: "ffc876960689d43643b0d87b3a11d81b08ce5d7407f23a48a7533a09937023ff"
|
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1006 - Responsibilities of the Administrator
|
||||
|
||||
## Text
|
||||
|
||||
(a) Committee Management Secretariat.— The Administrator shall establish and maintain within the General Services Administration a Committee Management Secretariat, which shall be responsible for all matters relating to advisory committees.
|
||||
|
||||
(b) Annual Reviews.— (1) In general.— Each year, the Administrator shall conduct a comprehensive review of the activities and responsibilities of each advisory committee to determine—
|
||||
|
||||
(A) whether the committee is carrying out its purpose;
|
||||
|
||||
(B) whether, consistent with the provisions of applicable statutes, the responsibilities assigned to the committee should be revised;
|
||||
|
||||
(C) whether the committee should be merged with other advisory committees; or
|
||||
|
||||
(D) whether the committee should be abolished.
|
||||
|
||||
(2) Obtaining information.— The Administrator may from time to time request such information as the Administrator deems necessary to carry out functions under this subsection. Agency heads shall cooperate with the Administrator in making the reviews required by this subsection.
|
||||
|
||||
(3) Recommendations.— Upon completion of the review, the Administrator shall make recommendations to the President and to either the agency head or Congress with respect to action the Administrator believes should be taken.
|
||||
|
||||
(c) Administrative Guidelines and Management Controls.— The Administrator shall prescribe administrative guidelines and management controls applicable to advisory committees, and, to the maximum extent feasible, provide advice, assistance, and guidance to advisory committees to improve their performance. In carrying out functions under this subsection, the Administrator shall consider the recommendations of each agency head with respect to means of improving the performance of advisory committees whose duties are related to the agency.
|
||||
|
||||
(d) Guidelines for Uniform Fair Pay Rates.— (1) In general.— The Administrator, after study and consultation with the Director of the Office of Personnel Management, shall establish guidelines with respect to uniform fair rates of pay for comparable services of members, staffs, and consultants of advisory committees in a manner that gives appropriate recognition to the responsibilities and qualifications required and other relevant factors. The guidelines shall provide that—
|
||||
|
||||
(A) a member of an advisory committee or of the staff of an advisory committee shall not receive compensation at a rate in excess of the maximum rate payable under section 5376 of this title;
|
||||
|
||||
(B) members of advisory committees, while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of this title for persons employed intermittently in the Government service; and
|
||||
|
||||
(C) members of advisory committees may be provided services pursuant to section 3102 of this title while in performance of their advisory committee duties if the members—
|
||||
|
||||
(i) are blind or deaf or otherwise qualify as individuals with disabilities (within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791)); and
|
||||
|
||||
(ii) do not otherwise qualify for assistance under section 3102 of this title by reason of being an employee of an agency (within the meaning of section 3102(a)(1) of this title).
|
||||
|
||||
(2) Pay for full-time employees.— Nothing in this subsection shall prevent an individual from receiving compensation at the rate at which the individual would otherwise be compensated (or was compensated) as a full-time employee of the United States if the individual—
|
||||
|
||||
(A) is a full-time employee of the United States without regard to service with an advisory committee; or
|
||||
|
||||
(B) was a full-time employee of the United States immediately before service with an advisory committee.
|
||||
|
||||
(e) Budget Recommendations.— The Administrator shall include in budget recommendations a summary of the amounts the Administrator considers necessary for the expenses of advisory committees, including the expenses for publication of reports where appropriate.
|
||||
|
||||
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4199.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10065 U.S.C. App. (FACA § 7)Pub. L. 92–463, § 7, Oct. 6, 1972, 86 Stat. 772; Pub. L. 96–523, § 2, Dec. 12, 1980, 94 Stat. 3040. In this section, the words “Administrator” and “General Services Administration” are substituted for “Director” and “Office of Management and Budget”, respectively, because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.). In subsection (b)(1), the words “Each year, the Administrator shall conduct a comprehensive review” are substituted for “The Administrator shall, immediately after the enactment of this Act [October 6, 1972], institute a comprehensive review” and “Thereafter, the Administrator shall carry out a similar review annually” to eliminate obsolete language. In subsection (d)(1) (matter before subparagraph (A)), the words “Director of the Office of Personnel Management” are substituted for “Civil Service Commission” because of section 102 of Reorganization Plan No. 2 of 1978 (5 U.S.C. App.). In subsection (d)(1) (matter before subparagraph (A)), the words “The guidelines shall provide” are substituted for “The regulations shall provide” for consistency with the 1st sentence of subsection (d)(1), which provides that the Administrator shall establish “guidelines”, not regulations. In subsection (d)(1)(A), the words “maximum rate payable under section 5376 of this title” are substituted for “rate specified for GS–18 of the General Schedule under section 5332 of title 5, United States Code” for clarity and because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (enacted by section 529 of Public Law 101–509 (5 U.S.C. 5376 note)). In subsection (d)(1)(C)(i), the words “individuals with disabilities” are substituted for “handicapped individuals” for consistency with section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791). In subsection (d)(1)(C)(i), the citation to “(29 U.S.C. 791)” is substituted for “(29 U.S.C. 794)” to correct an error in the law.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1007"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "10"
|
||||
chapter_name: "FEDERAL ADVISORY COMMITTEES"
|
||||
section: "1007"
|
||||
citation: "5 U.S.C. § 1007"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1007"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "552e03c8dc689b2eb2b5f174f40e1919f5a7b4fff60ade925ebff49e36d4495d"
|
||||
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|
||||
text_hash: "e9f2b6781309038fca723736ce86136aaf1f9524d7d5587de92ac7cf93a1d626"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1007 - Responsibilities of agency heads
|
||||
|
||||
## Text
|
||||
|
||||
(a) Administrative Guidelines and Management Controls.— Each agency head shall establish uniform administrative guidelines and management controls for advisory committees established by that agency, which shall be consistent with directives of the Administrator under sections 1006 and 1009 of this title. Each agency shall maintain systematic information on the nature, functions, and operations of each advisory committee within its jurisdiction.
|
||||
|
||||
(b) Advisory Committee Management Officer.— The head of each agency that has an advisory committee shall designate an Advisory Committee Management Officer who shall—
|
||||
|
||||
(1) exercise control and supervision over the establishment, procedures, and accomplishments of advisory committees established by the agency;
|
||||
|
||||
(2) assemble and maintain the reports, records, and other papers of any advisory committee established by the agency during the advisory committee’s existence; and
|
||||
|
||||
(3) carry out, on behalf of the agency, the provisions of section 552 of this title with respect to such reports, records, and other papers.
|
||||
|
||||
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4201.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10075 U.S.C. App. (FACA § 8)Pub. L. 92–463, § 8, Oct. 6, 1972, 86 Stat. 773. In subsection (a), the word “Administrator” is substituted for “Director” (meaning the Director of the Office of Management and Budget) because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.).
|
||||
@@ -0,0 +1,79 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1008"
|
||||
description: "Establishment and purpose of advisory committees"
|
||||
jurisdiction: "us"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "FEDERAL ADVISORY COMMITTEES"
|
||||
section: "1008"
|
||||
citation: "5 U.S.C. § 1008"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1008 - Establishment and purpose of advisory committees
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment.— An advisory committee shall not be established unless establishment is—
|
||||
|
||||
(1) specifically authorized by statute or by the President; or
|
||||
|
||||
(2) determined as a matter of formal record, by the head of the agency involved after consultation with the Administrator, with timely notice published in the Federal Register, to be in the public interest in connection with the performance of duties imposed on that agency by law.
|
||||
|
||||
(b) Purpose of Advisory Committees.— Unless otherwise specifically provided by statute or Presidential directive, advisory committees shall be utilized solely for advisory functions. Determinations of action to be taken and policy to be expressed with respect to matters upon which an advisory committee reports or makes recommendations shall be made solely by the President or an officer of the Federal Government.
|
||||
|
||||
(c) Advisory Committee Charters.— (1) General requirement.— An advisory committee shall not meet or take any action until an advisory committee charter has been filed—
|
||||
|
||||
(A) with the Administrator in the case of Presidential advisory committees; or
|
||||
|
||||
(B) with—
|
||||
|
||||
(i) the head of the agency to whom the advisory committee reports; and
|
||||
|
||||
(ii) the standing committees of the Senate and House of Representatives having legislative jurisdiction over the agency to which the advisory committee reports.
|
||||
|
||||
(2) Contents of charter.— The advisory committee charter shall contain—
|
||||
|
||||
(A) the committee’s official designation;
|
||||
|
||||
(B) the committee’s objectives and the scope of its activity;
|
||||
|
||||
(C) the period of time necessary for the committee to carry out its purposes;
|
||||
|
||||
(D) the agency or official to whom the committee reports;
|
||||
|
||||
(E) the agency responsible for providing the necessary support for the committee;
|
||||
|
||||
(F) a description of the duties for which the committee is responsible, and, if the duties are not solely advisory, a specification of the authority for the duties;
|
||||
|
||||
(G) the estimated annual operating costs for the committee in dollars and person-years;
|
||||
|
||||
(H) the estimated number and frequency of committee meetings;
|
||||
|
||||
(I) the committee’s termination date, if less than 2 years from the date of the committee’s establishment; and
|
||||
|
||||
(J) the date the charter is filed.
|
||||
|
||||
(3) Copy of charter to library of congress.— A copy of the advisory committee charter shall be furnished to the Library of Congress.
|
||||
|
||||
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4201.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10085 U.S.C. App. (FACA § 9)Pub. L. 92–463, § 9, Oct. 6, 1972, 86 Stat. 773. In subsection (a)(2) and subsection (c)(1)(A), the word “Administrator” is substituted for “Director” (meaning the Director of the Office of Management and Budget) because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.).
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
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type: "LegalText"
|
||||
title: "5 U.S.C. § 1009"
|
||||
description: "Advisory committee procedures"
|
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jurisdiction: "us"
|
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|
||||
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|
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|
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|
||||
chapter_number: "10"
|
||||
chapter_name: "FEDERAL ADVISORY COMMITTEES"
|
||||
section: "1009"
|
||||
citation: "5 U.S.C. § 1009"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1009 - Advisory committee procedures
|
||||
|
||||
## Text
|
||||
|
||||
(a) Committee Meetings.— (1) Open to public.— Each advisory committee meeting shall be open to the public.
|
||||
|
||||
(2) Notice of meetings.— Except when the President determines otherwise for reasons of national security, timely notice of each meeting shall be published in the Federal Register, and the Administrator shall prescribe regulations to provide for other types of public notice to insure that all interested persons are notified of each meeting in advance.
|
||||
|
||||
(3) Participation.— Interested persons shall be permitted to attend, appear before, or file statements with any advisory committee, subject to such reasonable rules or regulations as the Administrator may prescribe.
|
||||
|
||||
(b) Public Inspection and Copying of Records.— Subject to section 552 of this title, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist.
|
||||
|
||||
(c) Minutes.— Detailed minutes of each meeting of each advisory committee shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the advisory committee. The accuracy of all minutes shall be certified by the chairman of the advisory committee.
|
||||
|
||||
(d) Closed Sessions.— Paragraphs (1) and (3) of subsection (a) shall not apply to any portion of an advisory committee meeting for which the President, or the head of the agency to which the advisory committee reports, determines that such portion of the meeting may be closed to the public in accordance with section 552b(c) of this title. Any such determination shall be in writing and shall contain the reasons for the determination. If such a determination is made, the advisory committee shall issue a report, at least annually, setting forth a summary of its activities and such related matters as would be informative to the public consistent with the policy of section 552(b) of this title.
|
||||
|
||||
(e) Designated Officer or Employee of Federal Government.— There shall be designated an officer or employee of the Federal Government to chair or attend each meeting of each advisory committee. The officer or employee so designated is authorized, whenever the officer or employee determines it to be in the public interest, to adjourn any such meeting. An advisory committee shall not conduct any meeting in the absence of that designated officer or employee of the Federal Government.
|
||||
|
||||
(f) Call for Meeting or Advance Approval.— Advisory committees shall not hold any meetings except at the call of, or with the advance approval of, a designated officer or employee of the Federal Government, and in the case of advisory committees (other than Presidential advisory committees), with an agenda approved by such officer or employee.
|
||||
|
||||
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4202.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10095 U.S.C. App. (FACA § 10)Pub. L. 92–463, § 10, Oct. 6, 1972, 86 Stat. 774; Pub. L. 94–409, § 5(c), Sept. 13, 1976, 90 Stat. 1247. In subsection (a), in paragraphs (2) and (3), the word “Administrator” is substituted for “Director” (meaning the Director of the Office of Management and Budget) because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.).
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "10"
|
||||
chapter_name: "FEDERAL ADVISORY COMMITTEES"
|
||||
section: "1010"
|
||||
citation: "5 U.S.C. § 1010"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1010 - Availability of transcripts
|
||||
|
||||
## Text
|
||||
|
||||
(a) Definition of Agency Proceeding.— In this section, the term “agency proceeding” has the meaning given the term in section 551 of this title.
|
||||
|
||||
(b) Availability.— Agencies and advisory committees shall make available to any person, at actual cost of duplication, copies of transcripts of any agency proceeding or advisory committee meeting.
|
||||
|
||||
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4203.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10105 U.S.C. App. (FACA § 11)Pub. L. 92–463, § 11, Oct. 6, 1972, 86 Stat. 775. In subsection (b), the words “Except where prohibited by contractual agreements entered into prior to the effective date of this Act [i.e., 90 days after October 6, 1972]” are omitted as obsolete.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1011"
|
||||
description: "Fiscal and administrative provisions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "10"
|
||||
chapter_name: "FEDERAL ADVISORY COMMITTEES"
|
||||
section: "1011"
|
||||
citation: "5 U.S.C. § 1011"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1011"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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||||
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||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1011 - Fiscal and administrative provisions
|
||||
|
||||
## Text
|
||||
|
||||
(a) Records.— Each agency shall keep records that fully disclose the disposition of any funds which may be at the disposal of its advisory committees and the nature and extent of their activities. The General Services Administration, or such other agency as the President may designate, shall maintain financial records with respect to Presidential advisory committees. The Comptroller General of the United States, or any authorized representative of the Comptroller General, shall have access to the records for the purpose of audit and examination.
|
||||
|
||||
(b) Support Services.— Each agency shall be responsible for providing support services for each advisory committee established by or reporting to it unless the establishing authority provides otherwise. If an advisory committee reports to more than one agency, only one agency at a time shall be responsible for support services. In the case of Presidential advisory committees, support services may be provided by the General Services Administration.
|
||||
|
||||
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4203.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10115 U.S.C. App. (FACA § 12)Pub. L. 92–463, § 12, Oct. 6, 1972, 86 Stat. 775.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1012"
|
||||
description: "Responsibilities of Library of Congress"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "10"
|
||||
chapter_name: "FEDERAL ADVISORY COMMITTEES"
|
||||
section: "1012"
|
||||
citation: "5 U.S.C. § 1012"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1012 - Responsibilities of Library of Congress
|
||||
|
||||
## Text
|
||||
|
||||
Subject to section 552 of this title, the Administrator shall provide for the filing with the Library of Congress of at least 8 copies of each report made by each advisory committee and, where appropriate, background papers prepared by consultants. The Librarian of Congress shall establish a depository for the reports and papers and make them available for public inspection and use.
|
||||
|
||||
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4204.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10125 U.S.C. App. (FACA § 13)Pub. L. 92–463, § 13, Oct. 6, 1972, 86 Stat. 775. In this section, the word “Administrator” is substituted for “Director” (meaning the Director of the Office of Management and Budget) because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.).
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
||||
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|
||||
title: "5 U.S.C. § 1014"
|
||||
description: "Requirements relating to National Academy of Sciences and National Academy of Public Administration"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "10"
|
||||
chapter_name: "FEDERAL ADVISORY COMMITTEES"
|
||||
section: "1014"
|
||||
citation: "5 U.S.C. § 1014"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
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|
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||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1014 - Requirements relating to National Academy of Sciences and National Academy of Public Administration
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— An agency may not use any advice or recommendation provided by the National Academy of Sciences or National Academy of Public Administration that was developed by use of a committee created by that academy under an agreement with an agency, unless—
|
||||
|
||||
(1) the committee was not subject to any actual management or control by an agency or an officer of the Federal Government;
|
||||
|
||||
(2) in the case of a committee created after December 17, 1997, the membership of the committee was appointed in accordance with the requirements described in subsection (b)(1); and
|
||||
|
||||
(3) in developing the advice or recommendation, the academy complied with—
|
||||
|
||||
(A) subsection (b)(2) through (6), in the case of any advice or recommendation provided by the National Academy of Sciences; or
|
||||
|
||||
(B) subsection (b)(2) and (5), in the case of any advice or recommendation provided by the National Academy of Public Administration.
|
||||
|
||||
(b) Requirements.— The requirements referred to in subsection (a) are as follows:
|
||||
|
||||
(1) Public notice regarding appointees.— The Academy shall determine and provide public notice of the names and brief biographies of individuals that the Academy appoints or intends to appoint to serve on the committee. The Academy shall determine and provide a reasonable opportunity for the public to comment on appointments before they are made or, if the Academy determines prior comment is not practicable, in the period immediately following the appointments. The Academy shall require that any individual the Academy appoints (or intends to appoint) to serve on the committee inform the Academy of the individual’s conflicts of interest that are relevant to the functions to be performed. The Academy shall make its best efforts to ensure that—
|
||||
|
||||
(A) no individual appointed to serve on the committee has a conflict of interest that is relevant to the functions to be performed, unless such conflict is promptly and publicly disclosed and the Academy determines that the conflict is unavoidable;
|
||||
|
||||
(B) the committee membership is fairly balanced as determined by the Academy to be appropriate for the functions to be performed; and
|
||||
|
||||
(C) the final report of the Academy will be the result of the Academy’s independent judgment.
|
||||
|
||||
(2) Public notice of committee meetings.— The Academy shall determine and provide public notice of committee meetings that will be open to the public.
|
||||
|
||||
(3) Data-gathering meetings.— The Academy shall ensure that meetings of the committee to gather data from individuals who are not officials, agents, or employees of the Academy are open to the public, unless the Academy determines that a meeting would disclose matters described in section 552(b) of this title. The Academy shall make available to the public, at reasonable charge if appropriate, written materials presented to the committee by individuals who are not officials, agents, or employees of the Academy, unless the Academy determines that making material available would disclose matters described in section 552(b) of this title.
|
||||
|
||||
(4) Other meetings.— The Academy shall make available to the public as soon as practicable, at reasonable charge if appropriate, a brief summary of any committee meeting that is not a data-gathering meeting, unless the Academy determines that the summary would disclose matters described in section 552(b) of this title. The summary shall identify the committee members present, the topics discussed, materials made available to the committee, and other matters the Academy determines should be included.
|
||||
|
||||
(5) Final report.— The Academy shall make available to the public its final report, at reasonable charge if appropriate, unless the Academy determines that the report would disclose matters described in section 552(b) of this title. If the Academy determines that the report would disclose matters described in section 552(b) of this title, the Academy shall make public an abbreviated version of the report that does not disclose those matters.
|
||||
|
||||
(6) Reviewers of report.— After publication of the final report, the Academy shall make publicly available the names of the principal reviewers who reviewed the report in draft form and who are not officials, agents, or employees of the Academy.
|
||||
|
||||
(c) Regulations.— The Administrator of General Services may issue regulations implementing this section.
|
||||
|
||||
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4205.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10145 U.S.C. App. (FACA § 15)Pub. L. 92–463, § 15, as added Pub. L. 105–153, § 2(b), Dec. 17, 1997, 111 Stat. 2689. In subsection (a)(2), the date “December 17, 1997” is substituted for “the date of the enactment of the Federal Advisory Committee Act Amendments of 1997” for clarity.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10101"
|
||||
description: "Definitions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "101"
|
||||
chapter_name: "FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL"
|
||||
section: "10101"
|
||||
citation: "5 U.S.C. § 10101"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10101 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
For purposes of this chapter—
|
||||
|
||||
(1) the term “Agency” means the Federal Emergency Management Agency;
|
||||
|
||||
(2) the term “Administrator” means the Administrator of the Federal Emergency Management Agency;
|
||||
|
||||
(3) the term “appropriate committees of Congress” has the meaning given the term in section 602 of the Post-Katrina Emergency Management Reform Act of 2006;
|
||||
|
||||
(4) the term “Department” means the Department of Homeland Security; and
|
||||
|
||||
(5) the term “Surge Capacity Force” refers to the Surge Capacity Force, described under section 624 of the Post-Katrina Emergency Management Reform Act of 2006.
|
||||
|
||||
(Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1411.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 602 of the Post-Katrina Emergency Management Reform Act of 2006, referred to in par. (3), is classified to section 701 of Title 6, Domestic Security. Section 624 of the Post-Katrina Emergency Management Reform Act of 2006, referred to in par. (5), is classified to section 711 of Title 6, Domestic Security.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security.
|
||||
@@ -0,0 +1,75 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10102"
|
||||
description: "Strategic human capital plan"
|
||||
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|
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|
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 10102"
|
||||
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|
||||
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|
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|
||||
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10102 - Strategic human capital plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) Plan Development.— Not later than 6 months after the date of enactment of this chapter, the Administrator shall develop and submit to the appropriate committees of Congress a strategic human capital plan to shape and improve the workforce of the Agency.
|
||||
|
||||
(b) Contents.— The strategic human capital plan shall include—
|
||||
|
||||
(1) a workforce gap analysis, including an assessment of—
|
||||
|
||||
(A) the critical skills and competencies that will be needed in the workforce of the Agency to support the mission and responsibilities of, and effectively manage, the Agency during the 10-year period beginning on the date of enactment of this chapter;
|
||||
|
||||
(B) the skills and competencies of the workforce of the Agency on the day before the date of enactment of this chapter and projected trends in that workforce, based on expected losses due to retirement and other attrition; and
|
||||
|
||||
(C) the staffing levels of each category of employee, including gaps in the workforce of the Agency on the day before the date of enactment of this chapter and in the projected workforce of the Agency that should be addressed to ensure that the Agency has continued access to the critical skills and competencies described in subparagraph (A);
|
||||
|
||||
(2) a plan of action for developing and reshaping the workforce of the Agency to address the gaps in critical skills and competencies identified under paragraph (1)(C), including—
|
||||
|
||||
(A) specific recruitment and retention goals, including the use of the bonus authorities under this chapter as well as other bonus authorities (including the program objective of the Agency to be achieved through such goals);
|
||||
|
||||
(B) specific strategies for developing, training, deploying, compensating, and motivating and retaining the Agency workforce and its ability to fulfill the Agency’s mission and responsibilities (including the program objectives of the Department and the Agency to be achieved through such strategies);
|
||||
|
||||
(C) specific strategies for recruiting individuals who have served in multiple State agencies with emergency management responsibilities; and
|
||||
|
||||
(D) specific strategies for the development, training, and coordinated and rapid deployment of the Surge Capacity Force; and
|
||||
|
||||
(3) a discussion that—
|
||||
|
||||
(A) details the number of employees of the Department not employed by the Agency serving in the Surge Capacity Force and the qualifications or credentials of such individuals;
|
||||
|
||||
(B) details the number of individuals not employed by the Department serving in the Surge Capacity Force and the qualifications or credentials of such individuals;
|
||||
|
||||
(C) describes the training given to the Surge Capacity Force during the calendar year preceding the year of submission of the plan under subsection (c);
|
||||
|
||||
(D) states whether the Surge Capacity Force is able to adequately prepare for, respond to, and recover from natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents; and
|
||||
|
||||
(E) describes any additional authorities or resources necessary to address any deficiencies in the Surge Capacity Force.
|
||||
|
||||
(c) Annual Updates.— Not later than May 1, 2007, and May 1st of each of the next 5 succeeding years, the Administrator shall submit to the appropriate committees of Congress an update of the strategic human capital plan, including an assessment by the Administrator, using results-oriented performance measures, of the progress of the Department and the Agency in implementing the strategic human capital plan.
|
||||
|
||||
(Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1412.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of enactment of this chapter, referred to in subsecs. (a) and (b)(1), is the date of enactment of Pub. L. 109–295, which was approved Oct. 4, 2006.
|
||||
@@ -0,0 +1,57 @@
|
||||
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|
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|
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|
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|
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|
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|
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|
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|
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|
||||
chapter_number: "101"
|
||||
chapter_name: "FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL"
|
||||
section: "10103"
|
||||
citation: "5 U.S.C. § 10103"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10103 - Career paths
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The Administrator shall—
|
||||
|
||||
(1) ensure that appropriate career paths for personnel of the Agency are identified, including the education, training, experience, and assignments necessary for career progression within the Agency; and
|
||||
|
||||
(2) publish information on the career paths described in paragraph (1).
|
||||
|
||||
(b) Education, Training, and Experience.— The Administrator shall ensure that all personnel of the Agency are provided the opportunity to acquire the education, training, and experience necessary to qualify for promotion within the Agency, including, as appropriate, the opportunity to participate in the Rotation Program established under section 844 of the Homeland Security Act of 2002.
|
||||
|
||||
(c) Policy.— The Administrator shall establish a policy for assigning Agency personnel to positions that provides for a balance between—
|
||||
|
||||
(1) the need for such personnel to serve in career enhancing positions; and
|
||||
|
||||
(2) the need to require service in a position for a sufficient period of time to provide the stability necessary—
|
||||
|
||||
(A) to carry out the duties of that position; and
|
||||
|
||||
(B) for responsibility and accountability for actions taken in that position.
|
||||
|
||||
(Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1413.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 844 of the Homeland Security Act of 2002, referred to in subsec. (b), is classified to section 414 of Title 6, Domestic Security.
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10104"
|
||||
description: "Recruitment bonuses"
|
||||
jurisdiction: "us"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "101"
|
||||
chapter_name: "FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL"
|
||||
section: "10104"
|
||||
citation: "5 U.S.C. § 10104"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s10104"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "2f4b9c6ecee1703f1f82fb0950de442fe09526930de9456c8ddd68ba62357ff7"
|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10104 - Recruitment bonuses
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The Administrator may pay a bonus to an individual in order to recruit the individual for a position within the Agency that would otherwise be difficult to fill in the absence of such a bonus. Upon completion of the strategic human capital plan, such bonuses shall be paid in accordance with that plan.
|
||||
|
||||
(b) Bonus Amount.— (1) In general.— The amount of a bonus under this section shall be determined by the Administrator, but may not exceed 25 percent of the annual rate of basic pay of the position involved.
|
||||
|
||||
(2) Form of payment.— A bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay.
|
||||
|
||||
(c) Service Agreements.— Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Agency. The agreement shall include—
|
||||
|
||||
(1) the period of service the individual shall be required to complete in return for the bonus; and
|
||||
|
||||
(2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
|
||||
|
||||
(d) Eligibility.— A bonus under this section may not be paid to an individual who is appointed to or holds—
|
||||
|
||||
(1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate;
|
||||
|
||||
(2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or
|
||||
|
||||
(3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.
|
||||
|
||||
(e) Termination.— The authority to pay bonuses under this section shall terminate 5 years after the date of enactment of this chapter.
|
||||
|
||||
(f) Reports.— (1) In general.— The Agency shall submit to the appropriate committees of Congress, annually for each of the 5 years during which this section is in effect, a report on the operation of this section.
|
||||
|
||||
(2) Contents.— Each report submitted under this subsection shall include, with respect to the period covered by such report, a description of how the authority to pay bonuses under this section was used by the Agency, including—
|
||||
|
||||
(A) the number and dollar amount of bonuses paid to individuals holding positions within each pay grade, pay level, or other pay classification; and
|
||||
|
||||
(B) a determination of the extent to which such bonuses furthered the purposes of this section.
|
||||
|
||||
(Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1414.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of enactment of this chapter, referred to in subsec. (e), is the date of enactment of Pub. L. 109–295, which was approved Oct. 4, 2006.
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10105"
|
||||
description: "Retention bonuses"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "10105"
|
||||
citation: "5 U.S.C. § 10105"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s10105"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "7aa95a2c7b1f27b021475b1e6e497e1b6d89970900ca26b5422e84a88aa7eb53"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10105 - Retention bonuses
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority.— The Administrator may pay, on a case-by-case basis, a bonus under this section to an employee of the Agency if—
|
||||
|
||||
(1) the unusually high or unique qualifications of the employee or a special need of the Agency for the employee’s services makes it essential to retain the employee; and
|
||||
|
||||
(2) the Administrator determines that, in the absence of such a bonus, the employee would be likely to leave—
|
||||
|
||||
(A) the Federal service; or
|
||||
|
||||
(B) for a different position in the Federal service.
|
||||
|
||||
(b) Service Agreement.— Payment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Agency to complete a period of service with the Agency. Such agreement shall include—
|
||||
|
||||
(1) the period of service the individual shall be required to complete in return for the bonus; and
|
||||
|
||||
(2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
|
||||
|
||||
(c) Bonus Amount.— (1) In general.— The amount of a bonus under this section shall be determined by the Administrator, but may not exceed 25 percent of the annual rate of basic pay of the position involved.
|
||||
|
||||
(2) Form of payment.— A bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay.
|
||||
|
||||
(d) Limitation.— A bonus under this section—
|
||||
|
||||
(1) may not be based on any period of service which is the basis for a recruitment bonus under section 10104;
|
||||
|
||||
(2) may not be paid to an individual who is appointed to or holds—
|
||||
|
||||
(A) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate;
|
||||
|
||||
(B) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or
|
||||
|
||||
(C) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; and
|
||||
|
||||
(3) upon completion of the strategic human capital plan, shall be paid in accordance with that plan.
|
||||
|
||||
(e) Termination of Authority.— The authority to grant bonuses under this section shall expire 5 years after the date of enactment of this chapter.
|
||||
|
||||
(f) Reports.— (1) In general.— The Office of Personnel Management shall submit to the appropriate committees of Congress, annually for each of the first 5 years during which this section is in effect, a report on the operation of this section.
|
||||
|
||||
(2) Contents.— Each report submitted under this subsection shall include, with respect to the period covered by such report, a description of how the authority to pay bonuses under this section was used by the Agency, including, with respect to each such agency—
|
||||
|
||||
(A) the number and dollar amount of bonuses paid to individuals holding positions within each pay grade, pay level, or other pay classification; and
|
||||
|
||||
(B) a determination of the extent to which such bonuses furthered the purposes of this section.
|
||||
|
||||
(Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1414.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of enactment of this chapter, referred to in subsec. (e), is the date of enactment of Pub. L. 109–295, which was approved Oct. 4, 2006.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10106"
|
||||
description: "Quarterly report on vacancy rate in employee positions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "101"
|
||||
chapter_name: "FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL"
|
||||
section: "10106"
|
||||
citation: "5 U.S.C. § 10106"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s10106"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "2208cf0cd6aa3c79bd8e450205a5e425d04764f99a0178a9acc1b0f5078c2eca"
|
||||
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|
||||
text_hash: "36190eed78c1885e62d678065b74265f265b51823513262a0a0d59b6057d35cb"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10106 - Quarterly report on vacancy rate in employee positions
|
||||
|
||||
## Text
|
||||
|
||||
(a) Initial Report.— (1) In general.— Not later than 3 months after the date of enactment of this chapter, the Administrator shall develop and submit to the appropriate committees of Congress a report on the vacancies in employee positions of the Agency.
|
||||
|
||||
(2) Contents.— The report under this subsection shall include—
|
||||
|
||||
(A) vacancies of each category of employee position;
|
||||
|
||||
(B) the number of applicants for each vacancy for which public notice has been given;
|
||||
|
||||
(C) the length of time that each vacancy has been pending;
|
||||
|
||||
(D) hiring-cycle time for each vacancy that has been filled; and
|
||||
|
||||
(E) a plan for reducing the hiring-cycle time and reducing the current and anticipated vacancies with highly-qualified personnel.
|
||||
|
||||
(b) Quarterly Updates.— Not later than 3 months after submission of the initial report, and every 3 months thereafter until 5 years after the date of enactment of this chapter, the Administrator shall submit to the appropriate committees of Congress an update of the report under subsection (a), including an assessment by the Administrator of the progress of the Agency in filling vacant employee positions of the Agency.
|
||||
|
||||
(Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1416.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of enactment of this chapter, referred to in subsecs. (a)(1) and (b), is the date of enactment of Pub. L. 109–295, which was approved Oct. 4, 2006.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10202"
|
||||
description: "Authorities"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "102"
|
||||
chapter_name: "UNITED STATES SECRET SERVICE UNIFORMED DIVISION PERSONNEL"
|
||||
section: "10202"
|
||||
citation: "5 U.S.C. § 10202"
|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10202 - Authorities
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The Secretary is authorized to—
|
||||
|
||||
(1) fix and adjust rates of basic pay for members of the United States Secret Service Uniformed Division, subject to the requirements of this chapter;
|
||||
|
||||
(2) determine what constitutes an acceptable level of competence for the purposes of section 10205;
|
||||
|
||||
(3) establish and determine the positions at the Officer and Sergeant ranks to be included as technician positions; and
|
||||
|
||||
(4) determine the rate of basic pay of a member who is changed or demoted to a lower rank, in accordance with section 10208.
|
||||
|
||||
(b) Delegation of Authority.— The Secretary is authorized to delegate to the designated agent or agents of the Secretary, any power or function vested in the Secretary under in 11 So in original. this chapter.
|
||||
|
||||
(c) Regulations.— The Secretary may prescribe such regulations as may be necessary to administer this chapter.
|
||||
|
||||
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3034.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as an Effective Date of 2010 Amendment note under section 5102 of this title.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
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type: "LegalText"
|
||||
title: "5 U.S.C. § 10203"
|
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description: "Basic pay"
|
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|
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|
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|
||||
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|
||||
citation: "5 U.S.C. § 10203"
|
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|
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10203 - Basic pay
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The annual rates of basic pay of members of the United States Secret Service Uniformed Division shall be fixed in accordance with the following schedule of rates, except that the payable annual rate of basic pay for positions at the Lieutenant, Captain, and Inspector ranks is limited to 95 percent of the rate of pay for level V of the Executive Schedule under subchapter II of chapter 53. RankStep 1Step 2Step 3Step 4Step 5Step 6Step 7Step 8Step 9Step 10Step 11Step 12Step 13 1 So in original. Probably should be followed by “for”. Officer$44,000$46,640$49,280$51,920$54,560$57,200$59,840$62,480$65,120$67,760$70,400$73,040$75,680 Sergeant..............................59,70862,74465,78068,81671,85274,88877,92480,96083,99687,032 Lieutenant........................................69,01872,35875,69879,03882,37885,71889,05892,39895,738 Captain..................................................79,59483,26886,94290,61694,29097,964101,638105,312 Inspector..................................................91,53395,75899,983104,208108,433112,658116,883121,108 Deputy ChiefThe rate of basic pay for Deputy Chief positions will be equal to 95 percent of the rate of pay for level V of the Executive Schedule. Assistant ChiefThe rate of basic pay 1 the Assistant Chief position will be equal to 95 percent of the rate of pay for level V of the Executive Schedule. ChiefThe rate of basic pay 1 the Chief position will be equal to the rate of pay for level V of the Executive Schedule.
|
||||
|
||||
(b) Schedule Adjustment.— (1) (A) Effective at the beginning of the first pay period commencing on or after the first day of the month in which an adjustment in the rates of basic pay under the General Schedule takes effect under section 5303 or other authority, the schedule of annual rates of basic pay of members (except the Deputy Chiefs, Assistant Chief and Chief) shall be adjusted by the Secretary by a percentage amount corresponding to the percentage adjustment made in the rates of pay under the General Schedule.
|
||||
|
||||
(B) The Secretary may establish a methodology of schedule adjustment that—
|
||||
|
||||
(i) results in uniform fixed-dollar step increments within any given rank; and
|
||||
|
||||
(ii) preserves the established percentage differences among rates of different ranks at the same step position.
|
||||
|
||||
(2) Notwithstanding paragraph (1), the payable annual rate of basic pay for positions at the Lieutenant, Captain, and Inspector ranks after adjustment under paragraph (1) may not exceed 95 percent of the rate of pay for level V of the Executive Schedule under subchapter II of chapter 53.
|
||||
|
||||
(3) Locality-based comparability payments authorized under section 5304 shall be applicable to the basic pay for all ranks under this section, except locality-based comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the member, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule.
|
||||
|
||||
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3034.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextLevels IV and V of the Executive Schedule, referred to in subsecs. (a) and (b)(2), (3), are set out in sections 5315 and 5316, respectively, of this title. The General Schedule, referred to in subsec. (b)(1)(A), is set out under section 5332 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as an Effective Date of 2010 Amendment note under section 5102 of this title.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
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|
||||
title: "5 U.S.C. § 10204"
|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "10204"
|
||||
citation: "5 U.S.C. § 10204"
|
||||
status: "current"
|
||||
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|
||||
release_date: "2026-06-26"
|
||||
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|
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|
||||
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|
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10204 - Rate of pay for original appointments
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Except as provided in subsection (b), all original appointments shall be made at the minimum rate of basic pay for the Officer rank set forth in the schedule in section 10203.
|
||||
|
||||
(b) Exception for Superior Qualifications or Special Need.— The Director of the United States Secret Service or the designee of the Director may appoint an individual at a rate above the minimum rate of basic pay for the Officer rank based on the individual’s superior qualifications or a special need of the Government for the individual’s services.
|
||||
|
||||
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3036.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as an Effective Date of 2010 Amendment note under section 5102 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10205"
|
||||
description: "Service step adjustments"
|
||||
jurisdiction: "us"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "102"
|
||||
chapter_name: "UNITED STATES SECRET SERVICE UNIFORMED DIVISION PERSONNEL"
|
||||
section: "10205"
|
||||
citation: "5 U.S.C. § 10205"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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||||
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|
||||
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|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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|
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|
||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10205 - Service step adjustments
|
||||
|
||||
## Text
|
||||
|
||||
(a) Definition.— In this section, the term “calendar week of active service” includes all periods of leave with pay or other paid time off, and periods of non-pay status which do not cumulatively equal one 40-hour workweek.
|
||||
|
||||
(b) Adjustments.— Each member whose current performance is at an acceptable level of competence shall have a service step adjustment as follows:
|
||||
|
||||
(1) Each member in service step 1, 2, or 3 shall be advanced successively to the next higher service step at the beginning of the first pay period immediately following the completion of 52 calendar weeks of active service in the member’s service step.
|
||||
|
||||
(2) Each member in service step 4, 5, 6, 7, 8, 9, 10, or 11 shall be advanced successively to the next higher service step at the beginning of the first pay period immediately following the completion of 104 calendar weeks of active service in the member’s service step.
|
||||
|
||||
(3) Each member in service step 12 shall be advanced successively to the next higher service step at the beginning of the first pay period immediately following the completion of 156 calendar weeks of active service in the member’s service step.
|
||||
|
||||
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3036.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as an Effective Date of 2010 Amendment note under section 5102 of this title.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10206"
|
||||
description: "Technician positions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "102"
|
||||
chapter_name: "UNITED STATES SECRET SERVICE UNIFORMED DIVISION PERSONNEL"
|
||||
section: "10206"
|
||||
citation: "5 U.S.C. § 10206"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
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|
||||
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|
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|
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10206 - Technician positions
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) Each member whose position is determined under section 10202(a)(3) to be included as a technician position shall, on or after such date, receive, in addition to the member’s scheduled rate of basic pay, an amount equal to 6 percent of the sum of such member’s rate of basic pay and the applicable locality-based comparability payment.
|
||||
|
||||
(2) A member described in this subsection shall receive the additional compensation authorized by this subsection until such time as the member’s position is determined under section 10202(a)(3) not to be a technician position, or until the member no longer occupies such position, whichever occurs first.
|
||||
|
||||
(3) The additional compensation authorized by this subsection shall be paid to a member in the same manner and at the same time as the member’s basic pay is paid.
|
||||
|
||||
(b) Exceptions.— (1) Except as provided in paragraph (2), the additional compensation authorized by subsection (a)(1) shall be considered as basic pay for all purposes, including section 8401(4).
|
||||
|
||||
(2) The additional compensation authorized by subsection (a)(1) shall not be considered as basic pay for the purposes of—
|
||||
|
||||
(A) section 5304; or
|
||||
|
||||
(B) section 7511(a)(4).
|
||||
|
||||
(3) The loss of the additional compensation authorized by subsection (a)(1) shall not constitute an adverse action for the purposes of section 7512.
|
||||
|
||||
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3037.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as an Effective Date of 2010 Amendment note under section 5102 of this title.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10207"
|
||||
description: "Promotions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "102"
|
||||
chapter_name: "UNITED STATES SECRET SERVICE UNIFORMED DIVISION PERSONNEL"
|
||||
section: "10207"
|
||||
citation: "5 U.S.C. § 10207"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
source_identifier: "/us/usc/t5/s10207"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10207 - Promotions
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Each member who is promoted to a higher rank shall receive basic pay at the same step at which such member was being compensated prior to the date of the promotion.
|
||||
|
||||
(b) Credit for Service.— For the purposes of a service step adjustment under section 10205, periods of service at the lower rank shall be credited in the same manner as if it was service at the rank to which the employee is promoted.
|
||||
|
||||
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3037.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as an Effective Date of 2010 Amendment note under section 5102 of this title.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10208"
|
||||
description: "Demotions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "102"
|
||||
chapter_name: "UNITED STATES SECRET SERVICE UNIFORMED DIVISION PERSONNEL"
|
||||
section: "10208"
|
||||
citation: "5 U.S.C. § 10208"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s10208"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
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|
||||
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10208 - Demotions
|
||||
|
||||
## Text
|
||||
|
||||
When a member is changed or demoted from any rank to a lower rank, the Secretary may fix the member’s rate of basic pay at the rate of pay for any step in the lower rank which does not exceed the lowest step in the lower rank for which the rate of basic pay is equal to or greater than the member’s existing rate of basic pay.
|
||||
|
||||
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3037.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as an Effective Date of 2010 Amendment note under section 5102 of this title.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10209"
|
||||
description: "Clothing allowances"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "102"
|
||||
chapter_name: "UNITED STATES SECRET SERVICE UNIFORMED DIVISION PERSONNEL"
|
||||
section: "10209"
|
||||
citation: "5 U.S.C. § 10209"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s10209"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10209 - Clothing allowances
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— In addition to the benefits provided under section 5901, the Director of the United States Secret Service or the designee of the Director is authorized to provide a clothing allowance to a member assigned to perform duties in normal business or work attire purchased at the discretion of the employee. Such clothing allowance shall not to be treated as part of the member’s basic pay for any purpose (including retirement purposes) and shall not be used for the purpose of computing the member’s overtime pay, pay during leave or other paid time off, lump-sum payments under section 5551 or section 5552, workers’ compensation, or any other benefit. Such allowance for any member may be discontinued at any time upon written notification by the Director of the United States Secret Service or the designee of the Director.
|
||||
|
||||
(b) Maximum Amount Authorized.— A clothing allowance authorized under this section shall not exceed $500 per annum.
|
||||
|
||||
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3037.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as an Effective Date of 2010 Amendment note under section 5102 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10210"
|
||||
description: "Reporting requirement"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "102"
|
||||
chapter_name: "UNITED STATES SECRET SERVICE UNIFORMED DIVISION PERSONNEL"
|
||||
section: "10210"
|
||||
citation: "5 U.S.C. § 10210"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s10210"
|
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source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10210 - Reporting requirement
|
||||
|
||||
## Text
|
||||
|
||||
Not later than 3 years after the date of the enactment of this chapter, the Secretary shall prepare and transmit to Congress a report on the operation of this chapter. The report shall include—
|
||||
|
||||
(1) an assessment of the effectiveness of this chapter with respect to efforts of the Secretary to recruit and retain well-qualified personnel; and
|
||||
|
||||
(2) recommendations for any legislation or administrative action which the Secretary considers appropriate.
|
||||
|
||||
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3038.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of this chapter, referred to in text, is the date of enactment of Pub. L. 111–282, which was approved Oct. 15, 2010.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as an Effective Date of 2010 Amendment note under section 5102 of this title.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10301"
|
||||
description: "Notice of employment opportunities for Department of State and USAID positions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "103"
|
||||
chapter_name: "DEPARTMENT OF STATE"
|
||||
section: "10301"
|
||||
citation: "5 U.S.C. § 10301"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s10301"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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source_hash: "797650aae97e5cb000fd563d2d12c62c54f8a6be4cc9842ad57295b64ffeae24"
|
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|
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text_hash: "201db92f93aafc04a44b5ddd1f9c3a0c352288f7cf2a851841138dd80b0f57ad"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10301 - Notice of employment opportunities for Department of State and USAID positions
|
||||
|
||||
## Text
|
||||
|
||||
To ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply.
|
||||
|
||||
(Added Pub. L. 117–81, div. E, title LIII, § 5312(b), Dec. 27, 2021, 135 Stat. 2365.)
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 10302"
|
||||
description: "Consulting services for the Department of State"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "103"
|
||||
chapter_name: "DEPARTMENT OF STATE"
|
||||
section: "10302"
|
||||
citation: "5 U.S.C. § 10302"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s10302"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "b30eed38b112cbbc3c6f00e14c395c9c41647516400f04a9154b46836eb9ace0"
|
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raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
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text_hash: "65d40515a87d9fd9faa6d6c1857116c5ebcd0669f31a2b213fa540536ef67c59"
|
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 10302 - Consulting services for the Department of State
|
||||
|
||||
## Text
|
||||
|
||||
Any consulting service obtained by the Department of State through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts with respect to which expenditures are a matter of public record and available for public inspection, except if otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
|
||||
|
||||
(Added Pub. L. 117–81, div. E, title LIII, § 5314(a), Dec. 27, 2021, 135 Stat. 2366.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Pub. L. 117–81, div. E, title LIII, § 5314(a), Dec. 27, 2021, 135 Stat. 2366, which directed addition of this section at the end of chapter 103 of title 5, as added by section 10312 of Pub. L. 117–81, was executed by making the addition at the end of chapter 103 as added by section 5312(b) of Pub. L. 117–81, to reflect the probable intent of Congress.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1102"
|
||||
description: "Director; Deputy Director; Associate Directors"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "11"
|
||||
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
|
||||
section: "1102"
|
||||
citation: "5 U.S.C. § 1102"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1102"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
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source_hash: "60b0a46a8153d98b6ee9b1d1c1b133e6c1be1ab2fe19b5c10a152b792dbd8cd6"
|
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text_hash: "ee1788b68cf443f6511d42ec542b1c60951a3192b645bd0a24bf2baf24707c4f"
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1102 - Director; Deputy Director; Associate Directors
|
||||
|
||||
## Text
|
||||
|
||||
(a) There is at the head of the Office of Personnel Management a Director of the Office of Personnel Management appointed by the President, by and with the advice and consent of the Senate. The term of office of any individual appointed as Director shall be 4 years.
|
||||
|
||||
(b) There is in the Office a Deputy Director of the Office of Personnel Management appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or when the office of Director is vacant.
|
||||
|
||||
(c) No individual shall, while serving as Director or Deputy Director, serve in any other office or position in the Government of the United States except as otherwise provided by law or at the direction of the President. The Director and Deputy Director shall not recommend any individual for appointment to any position (other than Deputy Director of the Office) which requires the advice and consent of the Senate.
|
||||
|
||||
(d) There may be within the Office of Personnel Management not more than 5 Associate Directors, as determined from time to time by the Director. Each Associate Director shall be appointed by the Director.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 399; Pub. L. 95–454, title II, § 201(a), Oct. 13, 1978, 92 Stat. 1119.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 632 (2d–4th pars.).Jan. 16, 1883, ch. 27, § 1 (2d, 3d pars.), 22 Stat. 403.July 31, 1956, ch. 804, § 201(a), 70 Stat. 742. In subsection (a), the second sentence is substituted for original language concerning designation of Commissioners to serve six, four, and two years, respectively, as that provision is executed. The section is reorganized to place the statutes relating to vacancies together, and redundancies are eliminated. Provisions relating to pay and travel expenses of Commissioners are omitted as superseded by the Act of Aug. 14, 1964, Pub. L. 88–426, § 303(c)(18), (d)(66), 78 Stat. 417, 419, and Act of June 9, 1949, ch. 185, 63 Stat. 166, respectively, 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted “Director; Deputy Director; Associate Directors” for “Term of office; filling vacancies; removal” in section catchline, and in text provisions relating to the Director, Deputy Director, and Associate Directors of the Office of Personnel Management for provisions relating to the term of office, vacancies, and removal of members of the United States Civil Service Commission.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,103 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
description: "Functions of the Director"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
|
||||
section: "1103"
|
||||
citation: "5 U.S.C. § 1103"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1103 - Functions of the Director
|
||||
|
||||
## Text
|
||||
|
||||
(a) The following functions are vested in the Director of the Office of Personnel Management, and shall be performed by the Director, or subject to section 1104 of this title, by such employees of the Office as the Director designates:
|
||||
|
||||
(1) securing accuracy, uniformity, and justice in the functions of the Office;
|
||||
|
||||
(2) appointing individuals to be employed by the Office;
|
||||
|
||||
(3) directing and supervising employees of the Office, distributing business among employees and organizational units of the Office, and directing the internal management of the Office;
|
||||
|
||||
(4) directing the preparation of requests for appropriations for the Office and the use and expenditure of funds by the Office;
|
||||
|
||||
(5) executing, administering, and enforcing—
|
||||
|
||||
(A) the civil service rules and regulations of the President and the Office and the laws governing the civil service; and
|
||||
|
||||
(B) the other activities of the Office including retirement and classification activities;
|
||||
|
||||
except with respect to functions for which the Merit Systems Protection Board or the Special Counsel is primarily responsible;
|
||||
|
||||
(6) reviewing the operations under chapter 87 of this title;
|
||||
|
||||
(7) aiding the President, as the President may request, in preparing such civil service rules as the President prescribes, and otherwise advising the President on actions which may be taken to promote an efficient civil service and a systematic application of the merit system principles, including recommending policies relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and separation of employees;
|
||||
|
||||
(8) conducting, or otherwise providing for the conduct of, studies and research under chapter 47 of this title into methods of assuring improvements in personnel management; and
|
||||
|
||||
(9) incurring official reception and representation expenses of the Office subject to any limitation prescribed in any law.
|
||||
|
||||
(b) (1) The Director shall publish in the Federal Register general notice of any rule or regulation which is proposed by the Office and the application of which does not apply solely to the Office or its employees. Any such notice shall include the matter required under section 553(b)(1), (2), and (3) of this title.
|
||||
|
||||
(2) The Director shall take steps to ensure that—
|
||||
|
||||
(A) any proposed rule or regulation to which paragraph (1) of this subsection applies is posted in offices of Federal agencies maintaining copies of the Federal personnel regulations; and
|
||||
|
||||
(B) to the extent the Director determines appropriate and practical, exclusive representatives of employees affected by such proposed rule or regulation and interested members of the public are notified of such proposed rule or regulation.
|
||||
|
||||
(3) Paragraphs (1) and (2) of this subsection shall not apply to any proposed rule or regulation which is temporary in nature and which is necessary to be implemented expeditiously as a result of an emergency.
|
||||
|
||||
(4) Paragraphs (1) and (2) of this subsection and section 1105 of this title shall not apply to the establishment of any schedules or rates of basic pay or allowances under subpart D of part III of this title. The preceding sentence does not apply to the establishment of the procedures, methodology, or criteria used to establish such schedules, rates, or allowances.
|
||||
|
||||
(c) (1) The Office of Personnel Management shall design a set of systems, including appropriate metrics, for assessing the management of human capital by Federal agencies.
|
||||
|
||||
(2) The systems referred to under paragraph (1) shall be defined in regulations of the Office of Personnel Management and include standards for—
|
||||
|
||||
(A) (i) aligning human capital strategies of agencies with the missions, goals, and organizational objectives of those agencies; and
|
||||
|
||||
(ii) integrating those strategies into the budget and strategic plans of those agencies;
|
||||
|
||||
(B) closing skill gaps in mission critical occupations;
|
||||
|
||||
(C) ensuring continuity of effective leadership through implementation of recruitment, development, and succession plans;
|
||||
|
||||
(D) sustaining a culture that cultivates and develops a high performing workforce;
|
||||
|
||||
(E) developing and implementing a knowledge management strategy supported by appropriate investment in training and technology; and
|
||||
|
||||
(F) holding managers and human resources officers accountable for efficient and effective human resources management in support of agency missions in accordance with merit system principles.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 399; Pub. L. 95–454, title II, § 201(a), Oct. 13, 1978, 92 Stat. 1119; Pub. L. 99–251, title III, §§ 301, 302, Feb. 27, 1986, 100 Stat. 26; Pub. L. 107–296, title XIII, § 1304, Nov. 25, 2002, 116 Stat. 2289.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large [Uncodified].1949 Reorg. Plan No. 5, §§ 1, 2(a) (35th through 46th words), 3, eff. Aug. 20, 1949, 63 Stat. 1067, 1069. 5 U.S.C. 632 (5th par.).July 31, 1956, ch. 804, § 201(b), 70 Stat. 742. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2002—Subsec. (c). Pub. L. 107–296 added subsec. (c). 1986—Subsec. (a)(9). Pub. L. 99–251, § 301, added par. (9). Subsec. (b)(4). Pub. L. 99–251, § 302, added par. (4). 1978—Pub. L. 95–454 substituted “Functions of the Director” for “Chairman; Vice Chairman; Executive Director” in section catchline, and in text provisions relating to the functions of the Director of the Office of Personnel Management for provisions relating to the Chairman, Vice Chairman, and Executive Director of the United States Civil Service Commission.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentPub. L. 107–296, title XIII, § 1305, Nov. 25, 2002, 116 Stat. 2289, provided that: “This subtitle [subtitle A (§§ 1301–1305) of title XIII of Pub. L. 107–296, enacting chapter 14 of this title, amending this section, and enacting provisions set out as a note under section 1401 of this title] shall take effect 180 days after the date of enactment of this Act [Nov. 25, 2002].”
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1104 - Delegation of authority for personnel management
|
||||
|
||||
## Text
|
||||
|
||||
(a) Subject to subsection (b)(3) of this section—
|
||||
|
||||
(1) the President may delegate, in whole or in part, authority for personnel management functions, including authority for competitive examinations, to the Director of the Office of Personnel Management; and
|
||||
|
||||
(2) the Director may delegate, in whole or in part, any function vested in or delegated to the Director, including authority for competitive examinations (except competitive examinations for administrative law judges appointed under section 3105 of this title, the cost of which examinations shall be reimbursed by payments from the agencies employing such judges to the revolving fund established under section 1304(e)), to the heads of agencies in the executive branch and other agencies employing persons in the competitive service.
|
||||
|
||||
(b) (1) The Office shall establish standards which shall apply to the activities of the Office or any other agency under authority delegated under subsection (a) of this section.
|
||||
|
||||
(2) The Office shall establish and maintain an oversight program to ensure that activities under any authority delegated under subsection (a) of this section are in accordance with the merit system principles and the standards established under paragraph (1) of this subsection.
|
||||
|
||||
(3) Nothing in subsection (a) of this section shall be construed as affecting the responsibility of the Director to prescribe regulations and to ensure compliance with the civil service laws, rules, and regulations.
|
||||
|
||||
(4) At the request of the head of an agency to whom a function has been delegated under subsection (a)(2), the Office may provide assistance to the agency in performing such function. Such assistance shall, to the extent determined appropriate by the Director of the Office, be performed on a reimbursable basis through the revolving fund established under section 1304(e).
|
||||
|
||||
(c) If the Office makes a written finding, on the basis of information obtained under the program established under subsection (b)(2) of this section or otherwise, that any action taken by an agency pursuant to authority delegated under subsection (a)(2) of this section is contrary to any law, rule, or regulation, or is contrary to any standard established under subsection (b)(1) of this section, the agency involved shall take any corrective action the Office may require.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 399; Pub. L. 90–83, § 1(2), Sept. 11, 1967, 81 Stat. 195; Pub. L. 95–454, title II, § 201(a), Oct. 13, 1978, 92 Stat. 1120; Pub. L. 104–52, title IV, § 1, Nov. 19, 1995, 109 Stat. 489.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large [Uncodified].1949 Reorg. Plan No. 5, § 2(a) (less 35th through 46th words), (b), eff. Aug. 20, 1949, 63 Stat. 1067. 5 U.S.C. 3013(a) (1st sentence, less 10th through 24th words).Sept. 28, 1959, Pub. L. 86–382, § 14(a) (1st sentence, less 10th through 24th words), 73 Stat. 716. In the first sentence, the word “officers” is omitted as included in “employees”. Subsection (a)(1) is added on authority of the words “to secure accuracy, uniformity, and justice in all their proceedings” in the first sentence of former section 635, which is carried into section 1105. The function in this paragraph was transferred from the chief examiner to the Chairman of the United States Civil Service Commission by 1949 Reorg. Plan No. 5, § 2(a)(2). In subsection (a)(4), the words “requests for appropriations” are substituted for “budget estimates” on authority of the Act of Sept. 12, 1950, ch. 946, § 102(f), 64 Stat. 833; 31 U.S.C. 22. In subsection (b)(2), the word “prescription” is substituted for “promulgation” and the words “now vested in the Commission” are omitted as surplusage. In subsection (b)(4), the words “as is now authorized to be taken by the Commission” are omitted as surplusage. In subsection (b)(5), the words “civil service” are substituted for “Federal service”. In subsection (b)(7), the words “submission of requests for appropriations” are substituted for “revision and submission . . . of budget estimates” on authority of the Act of Sept. 12, 1950, ch. 946, § 102(f), 64 Stat. 833; 31 U.S.C. 22. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
1967 Act Section of title 5Source (U.S. Code)Source (Statutes at Large) 1104(a)(6)5:8713(a).[None.] [Uncodified].1965 Reorg. Plan No. 4, §§ 11(a), (e) (as applicable to (a)), 12 (as applicable to § 11(a)), 13 (as applicable to § 11(a)), eff. July 27, 1965, 79 Stat. 1322. The paragraph added by this section is based on 5 U.S.C. 8713(a), and is restated to reflect the effect of sections 11–13 of 1965 Reorganization Plan No. 4, effective July 27, 1965.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1995—Subsec. (a). Pub. L. 104–52, § 1(1)(B), struck out closing provisions which read as follows: “except that the Director may not delegate authority for competitive examinations with respect to positions that have requirements which are common to agencies in the Federal Government, other than in exceptional cases in which the interests of economy and efficiency require such delegation and in which such delegation will not weaken the application of the merit system principles.” Subsec. (a)(2). Pub. L. 104–52, § 1(1)(A), inserted “, the cost of which examinations shall be reimbursed by payments from the agencies employing such judges to the revolving fund established under section 1304(e)” after “title” and substituted period for semicolon at end. Subsec. (b)(4). Pub. L. 104–52, § 1(2), added par. (4). 1978—Pub. L. 95–454 substituted “Delegation of authority for personnel management” for “Functions of Chairman” in section catchline, and in text provisions relating to the delegation of authority for personnel management for provisions relating to functions of the Chairman of the United States Civil Service Commission.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1105"
|
||||
description: "Administrative procedure"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "11"
|
||||
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
|
||||
section: "1105"
|
||||
citation: "5 U.S.C. § 1105"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1105"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "67d1b9830e817ff9e13dd01b219685c7f974607ffc60c4b4eec2264f1905a0b1"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1105 - Administrative procedure
|
||||
|
||||
## Text
|
||||
|
||||
Subject to section 1103(b) of this title, in the exercise of the functions assigned under this chapter, the Director shall be subject to subsections (b), (c), and (d) of section 553 of this title, notwithstanding subsection (a) of such section 553.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 400; Pub. L. 95–454, title II, § 201(a), Oct. 13, 1978, 92 Stat. 1121.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 635 (less last 24 words of 6th sentence, and less 7th sentence).Jan. 16, 1883, ch. 27, § 3 (less last 24 words of 6th sentence, and less 7th sentence), 22 Stat. 404. [Uncodified].1949 Reorg. Plan No. 5, § 4, eff. Aug. 19, 1949, 63 Stat. 1069. In subsection (a), the words “the District of Columbia” are substituted for “Washington”. The words “at least three individuals in the service of the United States” are substituted for a “a suitable number of persons, not less than three, in the official service of the United States”. So much of the first three sentences of former section 635 as related to the offices of the Chief Examiner and the Secretary are omitted because the offices were abolished by 1949 Reorg. Plan No. 5, § 4. So much of the first sentence as imposed a duty on the Chief Examiner, under the Commission’s direction, to act with the examining boards to secure accuracy, uniformity, and justice in all their proceedings is restated in section 1104(a)(1). The fourth sentence of former section 635, authorizing the Commission to employ a stenographer and a messenger, is omitted as obsolete. The remainder is rewritten for clarity. The text of 1949 Reorg. Plan No. 5, § 4, is omitted as executed. In subsection (b), the words “Chairman, United States Civil Service Commission” are substituted for “chief examiner” on authority of 1949 Reorg. Plan No. 5, § 2(a)(2). The words “at all times” are omitted as surplusage. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted “Administrative procedure” for “Boards of examiners” in section catchline, and in text provisions relating to administrative procedure applicable to administration of this chapter for provisions relating to boards of examiners for the United States Civil Service Commission.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,93 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 11001"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "110"
|
||||
chapter_name: "ENHANCED PERSONNEL SECURITY PROGRAMS"
|
||||
section: "11001"
|
||||
citation: "5 U.S.C. § 11001"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 11001 - Enhanced personnel security programs
|
||||
|
||||
## Text
|
||||
|
||||
(a) Enhanced Personnel Security Program.— The Director of National Intelligence shall direct each agency to implement a program to provide enhanced security review of covered individuals—
|
||||
|
||||
(1) in accordance with this section; and
|
||||
|
||||
(2) not later than the earlier of—
|
||||
|
||||
(A) the date that is 5 years after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2016; or
|
||||
|
||||
(B) the date on which the backlog of overdue periodic reinvestigations of covered individuals is eliminated, as determined by the Director of National Intelligence.
|
||||
|
||||
(b) Comprehensiveness.— (1) Sources of information.— The enhanced personnel security program of an agency shall integrate relevant and appropriate information from various sources, including government, publicly available, and commercial data sources, consumer reporting agencies, social media, and such other sources as determined by the Director of National Intelligence.
|
||||
|
||||
(2) Types of information.— Information obtained and integrated from sources described in paragraph (1) may include—
|
||||
|
||||
(A) information relating to any criminal or civil legal proceeding;
|
||||
|
||||
(B) financial information relating to the covered individual, including the credit worthiness of the covered individual;
|
||||
|
||||
(C) publicly available information, whether electronic, printed, or other form, including relevant security or counterintelligence information about the covered individual or information that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, change in ideology, or that the covered individual lacks good judgment, reliability, or trustworthiness; and
|
||||
|
||||
(D) data maintained on any terrorist or criminal watch list maintained by any agency, State or local government, or international organization.
|
||||
|
||||
(c) Reviews of Covered Individuals.— (1) Reviews.— (A) In general.— The enhanced personnel security program of an agency shall require that, not less than 2 times every 5 years, the head of the agency shall conduct or request the conduct of automated record checks and checks of information from sources under subsection (b) to ensure the continued eligibility of each covered individual to access classified information and hold a sensitive position unless more frequent reviews of automated record checks and checks of information from sources under subsection (b) are conducted on the covered individual.
|
||||
|
||||
(B) Scope of reviews.— Except for a covered individual who is subject to more frequent reviews to ensure the continued eligibility of the covered individual to access classified information and hold a sensitive position, the reviews under subparagraph (A) shall consist of random or aperiodic checks of covered individuals, such that each covered individual is subject to at least 2 reviews during the 5-year period beginning on the date on which the agency implements the enhanced personnel security program of an agency, and during each 5-year period thereafter.
|
||||
|
||||
(C) Individual reviews.— A review of the information relating to the continued eligibility of a covered individual to access classified information and hold a sensitive position under subparagraph (A) may not be conducted until after the end of the 120-day period beginning on the date the covered individual receives the notification required under paragraph (3).
|
||||
|
||||
(2) Results.— The head of an agency shall take appropriate action if a review under paragraph (1) finds relevant information that may affect the continued eligibility of a covered individual to access classified information and hold a sensitive position.
|
||||
|
||||
(3) Information for covered individuals.— The head of an agency shall ensure that each covered individual is adequately advised of the types of relevant security or counterintelligence information the covered individual is required to report to the head of the agency.
|
||||
|
||||
(4) Limitation.— Nothing in this subsection shall be construed to affect the authority of an agency to determine the appropriate weight to be given to information relating to a covered individual in evaluating the continued eligibility of the covered individual.
|
||||
|
||||
(5) Authority of the president.— Nothing in this subsection shall be construed as limiting the authority of the President to direct or perpetuate periodic reinvestigations of a more comprehensive nature or to delegate the authority to direct or perpetuate such reinvestigations.
|
||||
|
||||
(6) Effect on other reviews.— Reviews conducted under paragraph (1) are in addition to investigations and reinvestigations conducted pursuant to section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341).
|
||||
|
||||
(d) Definitions.— In this section—
|
||||
|
||||
(1) the term “agency” has the meaning given that term in section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341);
|
||||
|
||||
(2) the term “consumer reporting agency” has the meaning given that term in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a);
|
||||
|
||||
(3) the term “covered individual” means an individual employed by an agency or a contractor of an agency who has been determined eligible for access to classified information or eligible to hold a sensitive position; and
|
||||
|
||||
(4) the term “enhanced personnel security program” means a program implemented by an agency at the direction of the Director of National Intelligence under subsection (a).
|
||||
|
||||
(Added Pub. L. 114–113, div. M, title III, § 306(a)(1), Dec. 18, 2015, 129 Stat. 2914; amended Pub. L. 116–92, div. E, title LXVII, § 6711, Dec. 20, 2019, 133 Stat. 2225; Pub. L. 118–31, div. G, title III, § 7327(b), Dec. 22, 2023, 137 Stat. 1044.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of the Intelligence Authorization Act for Fiscal Year 2016, referred to in subsec. (a)(2)(A), is the date of enactment of div. M of Pub. L. 114–113, which was approved Dec. 18, 2015.
|
||||
|
||||
Amendments2023—Subsec. (d). Pub. L. 118–31, § 7327(b)(1), redesignated subsec. (e) as (d) and struck out former subsec. (d) which provided for review by the Inspector General of each agency of the enhanced personnel security program. Subsec. (d)(3), (4). Pub. L. 118–31, § 7327(b)(2), inserted “and” after the semicolon at end of par. (3) and substituted a period for “; and” at end of par. (4). Subsec. (e). Pub. L. 118–31, § 7327(b)(1)(B), redesignated subsec. (e) as (d). 2019—Subsec. (d). Pub. L. 116–92 substituted “Review” for “Audit” in heading and “review” for “audit” in text of pars. (1) and (2).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Resolution of Backlog of Overdue Periodic ReinvestigationsPub. L. 114–113, div. M, title III, § 306(b), Dec. 18, 2015, 129 Stat. 2916, provided that: “(1) In general.—The Director of National Intelligence shall develop and implement a plan to eliminate the backlog of overdue periodic reinvestigations of covered individuals. “(2) Requirements.—The plan developed under paragraph (1) shall—“(A) use a risk-based approach to—“(i) identify high-risk populations; and “(ii) prioritize reinvestigations that are due or overdue to be conducted; and “(B) use random automated record checks of covered individuals that shall include all covered individuals in the pool of individuals subject to a one-time check. “(3) Definitions.—In this subsection:“(A) The term ‘covered individual’ means an individual who has been determined eligible for access to classified information or eligible to hold a sensitive position. “(B) The term ‘periodic reinvestigations’ has the meaning given such term in section 3001(a)(7) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a)(7)).”
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1201"
|
||||
description: "Appointment of members of the Merit Systems Protection Board"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "12"
|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1201"
|
||||
citation: "5 U.S.C. § 1201"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1201 - Appointment of members of the Merit Systems Protection Board
|
||||
|
||||
## Text
|
||||
|
||||
The Merit Systems Protection Board is composed of 3 members appointed by the President, by and with the advice and consent of the Senate, not more than 2 of whom may be adherents of the same political party. The members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board shall have its principal office in the District of Columbia and may have field offices in other appropriate locations.
|
||||
|
||||
(Added Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1121; amended Pub. L. 101–12, § 3(a)(1), Apr. 10, 1989, 103 Stat. 16.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1989—Pub. L. 101–12 substituted “The members” for “The Chairman and members” in second sentence.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1989 AmendmentPub. L. 101–12, § 11, Apr. 10, 1989, 103 Stat. 35, provided that: “This Act and the amendments made by this Act [see Short Title of 1989 Amendment note below] shall take effect 90 days following the date of enactment of this Act [Apr. 10, 1989].”
|
||||
|
||||
Effective DateSubchapter 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.
|
||||
|
||||
Short Title of 1989 AmendmentPub. L. 101–12, § 1, Apr. 10, 1989, 103 Stat. 16, provided that: “This Act [enacting subchapters II and III of this chapter and section 3352 of this title, amending this section and sections 1202 to 1206, 1209, 1211, 2302, 2303, 3393, 7502, 7512, 7521, 7542, 7701, and 7703 of this title and section 4139 of Title 22, Foreign Relations and Intercourse, repealing sections 1207 and 1208 of this title, and enacting provisions set out as notes under this section and sections 1211 and 5509 of this title] may be cited as the ‘Whistleblower Protection Act of 1989’.”
|
||||
|
||||
Savings ProvisionPub. L. 101–12, § 7, Apr. 10, 1989, 103 Stat. 34, provided that: “(a) Orders, Rules, and Regulations.—All orders, rules, and regulations issued by the Merit Systems Protection Board or the Special Counsel before the effective date of this Act [see Effective Date of 1989 Amendment note above] shall continue in effect, according to their terms, until modified, terminated, superseded, or repealed. “(b) Administrative Proceedings.—No provision of this Act [see Short Title of 1989 Amendment note above] shall affect any administrative proceeding pending at the time such provisions take effect. Orders shall be issued in such proceedings, and appeals shall be taken therefrom, as if this Act had not been enacted. “(c) Suits and Other Proceedings.—No suit, action, or other proceeding lawfully commenced by or against the members of the Merit Systems Protection Board, the Special Counsel, or officers or employees thereof, in their official capacity or in relation to the discharge of their official duties, as in effect immediately before the effective date of this Act [see Effective Date of 1989 Amendment note above], shall abate by reason of the enactment of this Act. Determinations with respect to any such suit, action, or other proceeding shall be made as if this Act had not been enacted.”
|
||||
|
||||
Whistleblower Protection; Congressional Statement of Findings and PurposePub. L. 101–12, § 2, Apr. 10, 1989, 103 Stat. 16, provided that: “(a) Findings.—The Congress finds that—“(1) Federal employees who make disclosures described in section 2302(b)(8) of title 5, United States Code, serve the public interest by assisting in the elimination of fraud, waste, abuse, and unnecessary Government expenditures; “(2) protecting employees who disclose Government illegality, waste, and corruption is a major step toward a more effective civil service; and “(3) in passing the Civil Service Reform Act of 1978 [Pub. L. 95–454, see Tables for classification], Congress established the Office of Special Counsel to protect whistleblowers (those individuals who make disclosures described in such section 2302(b)(8)) from reprisal. “(b) Purpose.—The purpose of this Act [see Short Title of 1989 Amendment note above] is to strengthen and improve protection for the rights of Federal employees, to prevent reprisals, and to help eliminate wrongdoing within the Government by—“(1) mandating that employees should not suffer adverse consequences as a result of prohibited personnel practices; and “(2) establishing—“(A) that the primary role of the Office of Special Counsel is to protect employees, especially whistleblowers, from prohibited personnel practices; “(B) that the Office of Special Counsel shall act in the interests of employees who seek assistance from the Office of Special Counsel; and “(C) that while disciplining those who commit prohibited personnel practices may be used as a means by which to help accomplish that goal, the protection of individuals who are the subject of prohibited personnel practices remains the paramount consideration.”
|
||||
|
||||
Terms of Office of MembersPub. L. 95–454, title II, § 202(b), Oct. 13, 1978, 92 Stat. 1131, provided that: “Any term of office of any member of the Merit Systems Protection Board serving on the effective date of this Act [see Effective Date of 1978 Amendment note set out under section 1101 of this title] shall continue in effect until the term would expire under section 1102 of title 5, United States Code, as in effect immediately before the effective date of this Act, and upon expiration of the term, appointments to such office shall be made under sections 1201 and 1202 of title 5, United States Code (as added by this section).”
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1202"
|
||||
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|
||||
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|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "12"
|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1202"
|
||||
citation: "5 U.S.C. § 1202"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
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confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1202 - Term of office; filling vacancies; removal
|
||||
|
||||
## Text
|
||||
|
||||
(a) The term of office of each member of the Merit Systems Protection Board is 7 years.
|
||||
|
||||
(b) A member appointed to fill a vacancy occurring before the end of a term of office of the member’s predecessor serves for the remainder of that term. Any appointment to fill a vacancy is subject to the requirements of section 1201. Any new member serving only a portion of a seven-year term in office may continue to serve until a successor is appointed and has qualified, except that such member may not continue to serve for more than one year after the date on which the term of the member would otherwise expire, unless reappointed.
|
||||
|
||||
(c) Any member appointed for a 7-year term may not be reappointed to any following term but may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that such member may not continue to serve for more than one year after the date on which the term of the member would otherwise expire under this section.
|
||||
|
||||
(d) Any member may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.
|
||||
|
||||
(Added Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1122; amended Pub. L. 100–202, § 101(m) [title VI, § 620], Dec. 22, 1987, 101 Stat. 1329–390, 1329–427; Pub. L. 101–12, § 3(a)(2), (3), Apr. 10, 1989, 103 Stat. 17.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1989—Pub. L. 101–12, § 3(a)(2), substituted a semicolon for the comma after “office” in section catchline. Subsec. (b). Pub. L. 101–12, § 3(a)(3), substituted “the member’s” for “his” in first sentence and struck out “of this title” after “section 1201” in second sentence. 1987—Subsec. (b). Pub. L. 100–202 inserted provision permitting any new member serving portion of seven-year term to continue serving until successor is appointed and has qualified, with exception limiting duration of such service.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1989 AmendmentAmendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1203"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1203"
|
||||
citation: "5 U.S.C. § 1203"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1203 - Chairman; Vice Chairman
|
||||
|
||||
## Text
|
||||
|
||||
(a) The President shall from time to time appoint, by and with the advice and consent of the Senate, one of the members of the Merit Systems Protection Board as the Chairman of the Board. The Chairman is the chief executive and administrative officer of the Board.
|
||||
|
||||
(b) The President shall from time to time designate one of the members of the Board as Vice Chairman of the Board. During the absence or disability of the Chairman, or when the office of Chairman is vacant, the Vice Chairman shall perform the functions vested in the Chairman.
|
||||
|
||||
(c) During the absence or disability of both the Chairman and the Vice Chairman, or when the offices of Chairman and Vice Chairman are vacant, the remaining Board member shall perform the functions vested in the Chairman.
|
||||
|
||||
(Added Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1122; amended Pub. L. 101–12, § 3(a)(4), (5), Apr. 10, 1989, 103 Stat. 17.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1989—Subsec. (a). Pub. L. 101–12, § 3(a)(4), struck out the comma after “time” in first sentence. Subsec. (c). Pub. L. 101–12, § 3(a)(5), substituted “the Chairman and the Vice Chairman” for “the Chairman and Vice Chairman” after “both”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1989 AmendmentAmendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title.
|
||||
@@ -0,0 +1,129 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1204"
|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1204"
|
||||
citation: "5 U.S.C. § 1204"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1204 - Powers and functions of the Merit Systems Protection Board
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Merit Systems Protection Board shall—
|
||||
|
||||
(1) hear, adjudicate, or provide for the hearing or adjudication, of all matters within the jurisdiction of the Board under this title, chapter 43 of title 38, or any other law, rule, or regulation, and, subject to otherwise applicable provisions of law, take final action on any such matter;
|
||||
|
||||
(2) order any Federal agency or employee to comply with any order or decision issued by the Board under the authority granted under paragraph (1) of this subsection and enforce compliance with any such order;
|
||||
|
||||
(3) conduct, from time to time, special studies relating to the civil service and to other merit systems in the executive branch, and report to the President and to the Congress as to whether the public interest in a civil service free of prohibited personnel practices is being adequately protected; and
|
||||
|
||||
(4) review, as provided in subsection (f), rules and regulations of the Office of Personnel Management.
|
||||
|
||||
(b) (1) Any member of the Merit Systems Protection Board, any administrative law judge appointed by the Board under section 3105 of this title, and any employee of the Board designated by the Board may administer oaths, examine witnesses, take depositions, and receive evidence.
|
||||
|
||||
(2) Any member of the Board, any administrative law judge appointed by the Board under section 3105, and any employee of the Board designated by the Board may, with respect to any individual—
|
||||
|
||||
(A) issue subpoenas requiring the attendance and presentation of testimony of any such individual, and the production of documentary or other evidence from any place in the United States, any territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia; and
|
||||
|
||||
(B) order the taking of depositions from, and responses to written interrogatories by, any such individual.
|
||||
|
||||
(3) Witnesses (whether appearing voluntarily or under subpoena) shall be paid the same fee and mileage allowances which are paid subpoenaed witnesses in the courts of the United States.
|
||||
|
||||
(c) In the case of contumacy or failure to obey a subpoena issued under subsection (b)(2)(A) or section 1214(b), upon application by the Board, the United States district court for the district in which the person to whom the subpoena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof.
|
||||
|
||||
(d) A subpoena referred to in subsection (b)(2)(A) may, in the case of any individual outside the territorial jurisdiction of any court of the United States, be served in such manner as the Federal Rules of Civil Procedure prescribe for service of a subpoena in a foreign country. To the extent that the courts of the United States can assert jurisdiction over such individual, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance under this subsection by such individual that such court would have if such individual were personally within the jurisdiction of such court.
|
||||
|
||||
(e) (1) (A) In any proceeding under subsection (a)(1), any member of the Board may request from the Director of the Office of Personnel Management an advisory opinion concerning the interpretation of any rule, regulation, or other policy directive promulgated by the Office of Personnel Management.
|
||||
|
||||
(B) (i) The Merit Systems Protection Board may, during an investigation by the Office of Special Counsel or during the pendency of any proceeding before the Board, issue any order which may be necessary to protect a witness or other individual from harassment, except that an agency (other than the Office of Special Counsel) may not request any such order with regard to an investigation by the Office of Special Counsel from the Board during such investigation.
|
||||
|
||||
(ii) An order issued under this subparagraph may be enforced in the same manner as provided for under paragraph (2) with respect to any order under subsection (a)(2).
|
||||
|
||||
(2) (A) In enforcing compliance with any order under subsection (a)(2), the Board may order that any employee charged with complying with such order, other than an employee appointed by the President by and with the advice and consent of the Senate, shall not be entitled to receive payment for service as an employee during any period that the order has not been complied with. The Board shall certify to the Comptroller General of the United States that such an order has been issued and no payment shall be made out of the Treasury of the United States for any service specified in such order.
|
||||
|
||||
(B) The Board shall prescribe regulations under which any employee who is aggrieved by the failure of any other employee to comply with an order of the Board may petition the Board to exercise its authority under subparagraph (A).
|
||||
|
||||
(3) In carrying out any study under subsection (a)(3), the Board shall make such inquiries as may be necessary and, unless otherwise prohibited by law, shall have access to personnel records or information collected by the Office of Personnel Management and may require additional reports from other agencies as needed.
|
||||
|
||||
(f) (1) At any time after the effective date of any rule or regulation issued by the Director of the Office of Personnel Management in carrying out functions under section 1103, the Board shall review any provision of such rule or regulation—
|
||||
|
||||
(A) on its own motion;
|
||||
|
||||
(B) on the granting by the Board, in its sole discretion, of any petition for such review filed with the Board by any interested person, after consideration of the petition by the Board; or
|
||||
|
||||
(C) on the filing of a written complaint by the Special Counsel requesting such review.
|
||||
|
||||
(2) In reviewing any provision of any rule or regulation pursuant to this subsection, the Board shall declare such provision—
|
||||
|
||||
(A) invalid on its face, if the Board determines that such provision would, if implemented by any agency, on its face, require any employee to violate section 2302(b); or
|
||||
|
||||
(B) invalidly implemented by any agency, if the Board determines that such provision, as it has been implemented by the agency through any personnel action taken by the agency or through any policy adopted by the agency in conformity with such provision, has required any employee to violate section 2302(b).
|
||||
|
||||
(3) The Director of the Office of Personnel Management, and the head of any agency implementing any provision of any rule or regulation under review pursuant to this subsection, shall have the right to participate in such review.
|
||||
|
||||
(4) The Board shall require any agency—
|
||||
|
||||
(A) to cease compliance with any provisions of any rule or regulation which the Board declares under this subsection to be invalid on its face; and
|
||||
|
||||
(B) to correct any invalid implementation by the agency of any provision of any rule or regulation which the Board declares under this subsection to have been invalidly implemented by the agency.
|
||||
|
||||
(g) The Board may delegate the performance of any of its administrative functions under this title to any employee of the Board.
|
||||
|
||||
(h) The Board shall have the authority to prescribe such regulations as may be necessary for the performance of its functions. The Board shall not issue advisory opinions. All regulations of the Board shall be published in the Federal Register.
|
||||
|
||||
(i) Except as provided in section 518 of title 28, relating to litigation before the Supreme Court, attorneys designated by the Chairman of the Board may appear for the Board, and represent the Board, in any civil action brought in connection with any function carried out by the Board pursuant to this title or as otherwise authorized by law.
|
||||
|
||||
(j) The Chairman of the Board may appoint such personnel as may be necessary to perform the functions of the Board. Any appointment made under this subsection shall comply with the provisions of this title, except that such appointment shall not be subject to the approval or supervision of the Office of Personnel Management or the Executive Office of the President (other than approval required under section 3324 or subchapter VIII of chapter 33).
|
||||
|
||||
(k) The Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall, as revised, be included as a separate item in the budget required to be transmitted to the Congress under section 1105 of title 31.
|
||||
|
||||
(l) The Board shall submit to the President, and, at the same time, to each House of the Congress, any legislative recommendations of the Board relating to any of its functions under this title.
|
||||
|
||||
(m) (1) Except as provided in paragraph (2) of this subsection, the Board, or an administrative law judge or other employee of the Board designated to hear a case arising under section 1215, may require payment by the agency where the prevailing party was employed or had applied for employment at the time of the events giving rise to the case of reasonable attorney fees incurred by an employee or applicant for employment if the employee or applicant is the prevailing party and the Board, administrative law judge, or other employee (as the case may be) determines that payment by the agency is warranted in the interest of justice, including any case in which a prohibited personnel practice was engaged in by the agency or any case in which the agency’s action was clearly without merit.
|
||||
|
||||
(2) If an employee or applicant for employment is the prevailing party of a case arising under section 1215 and the decision is based on a finding of discrimination prohibited under section 2302(b)(1) of this title, the payment of attorney fees shall be in accordance with the standards prescribed under section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5(k)).
|
||||
|
||||
(n) The Board may accept and use gifts and donations of property and services to carry out the duties of the Board.
|
||||
|
||||
(Added Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1122, § 1205; amended Pub. L. 97–258, § 3(a)(2), Sept. 13, 1982, 96 Stat. 1063; renumbered § 1204 and amended Pub. L. 101–12, § 3(a)(7), Apr. 10, 1989, 103 Stat. 17; Pub. L. 102–568, title V, § 506(c)(4), Oct. 29, 1992, 106 Stat. 4341; Pub. L. 103–353, § 2(b)(2)(A), Oct. 13, 1994, 108 Stat. 3169; Pub. L. 103–424, § 2, Oct. 29, 1994, 108 Stat. 4361; Pub. L. 103–446, title XII, § 1203(c)(1), Nov. 2, 1994, 108 Stat. 4690; Pub. L. 112–199, title I, § 107(a), Nov. 27, 2012, 126 Stat. 1469; Pub. L. 113–76, div. E, title V, Jan. 17, 2014, 128 Stat. 217.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Federal Rules of Civil Procedure, referred to in subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
|
||||
|
||||
Prior ProvisionsA prior section 1204 was renumbered section 1211(b) of this title by Pub. L. 101–12, § 3(a)(6). Pub. L. 102–378, § 2(3), Oct. 2, 1992, 106 Stat. 1346, struck out section catchline of prior section 1204.
|
||||
|
||||
Amendments2014—Subsec. (n). Pub. L. 113–76 added subsec. (n). 2012—Subsec. (m)(1). Pub. L. 112–199 substituted “agency where the prevailing party was employed or had applied for employment at the time of the events giving rise to the case” for “agency involved”. 1994—Subsec. (a)(1). Pub. L. 103–446, which directed the amendment of par. (1) by substituting “section 4303” for “section 4323” could not be executed because the phrase “section 4323” does not appear in text subsequent to the intervening amendment by Pub. L. 103–353 substituting “chapter 43” for “section 4323”. See below. Pub. L. 103–353 substituted “chapter 43” for “section 4323”. Subsec. (m). Pub. L. 103–424 added subsec. (m). 1992—Subsec. (a)(1). Pub. L. 102–568 substituted “4323” for “2023”. 1989—Pub. L. 101–12, § 3(a)(7), renumbered section 1205 of this title as this section. Pub. L. 101–12, § 3(a)(7)(A), struck out “and Special Counsel” after “Board” in section catchline. Subsec. (a)(4). Pub. L. 101–12, § 3(a)(7)(A), (C), substituted “subsection (f)” for “subsection (e) of this section”. Subsec. (b)(1). Pub. L. 101–12, § 3(a)(7)(A), struck out “the Special Counsel,” after “Board,”. Subsec. (b)(2). Pub. L. 101–12, § 3(a)(7)(D), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any member of the Board, the Special Counsel, and any administrative law judge appointed by the Board under section 3105 of this title may— “(A) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States or any territory or possession thereof, the Commonwealth of Puerto Rico, or the District of Columbia; and “(B) order the taking of depositions and order responses to written interrogatories.” Subsec. (b)(3). Pub. L. 101–12, § 3(a)(7)(B), substituted “subpoena” for “subpena” and “subpoenaed” for “subpenaed”. Subsec. (c). Pub. L. 101–12, § 3(a)(7)(B), (E), substituted “subpoena” for “subpena” in two places, “(b)(2)(A) or section 1214(b), upon application by the Board” for “(b)(2) of this section”, and “for the district” for “for the judicial district”. Subsec. (d). Pub. L. 101–12, § 3(a)(7)(F), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(1). Pub. L. 101–12, § 3(a)(7)(A), (G)(i), designated existing provisions as subpar. (A), struck out “of this section” after “subsection (a)(1)”, and added subpar. (B). Subsec. (e)(2). Pub. L. 101–12, § 3(a)(7)(G)(ii), designated existing provisions as subpar. (A), struck out “of this section” after “subsection (a)(2)”, and added subpar. (B). Subsec. (e)(3). Pub. L. 101–12, § 3(a)(7)(A), (G)(iii), struck out “of this section” after “subsection (a)(3)” and inserted “of Personnel Management” after “Office”. Subsec. (f). Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (f)(1). Pub. L. 101–12, § 3(a)(7)(H)(i), inserted “of the Office of Personnel Management” after “Director” and struck out “of this title” after “section 1103”. Subsec. (f)(2). Pub. L. 101–12, § 3(a)(7)(H)(ii), inserted comma after “subsection” and in subpars. (A) and (B) struck out “of this title” after “section 2302(b)”. Subsec. (f)(3), (4). Pub. L. 101–12, § 3(a)(7)(H)(iii), struck out “(A)” before “The Director”, struck out subpar. (B) which provided that any review conducted by the Board be limited to determining the validity on its face of the provision under review and whether the provision under review has been validly implemented, and redesignated former subpar. (C) and cls. (i) and (ii) of former subpar. (C) as par. (4) and subpars. (A) and (B), respectively, of par. (4). Subsecs. (g) to (i). Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsecs. (f) to (h) as (g) to (i), respectively. Former subsec. (i) redesignated (j). Subsec. (j). Pub. L. 101–12, § 3(a)(7)(F), (I), redesignated former subsec. (i) as (j) and substituted “chapter 33” for “chapter 33 of this title”. Former subsec. (j) redesignated (k). Subsecs. (k), (l). Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsecs. (j) and (k) as (k) and (l), respectively. 1982—Subsec. (j). Pub. L. 97–258 substituted “section 1105 of title 31” for “section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2012 AmendmentPub. L. 112–199, title II, § 202, Nov. 27, 2012, 126 Stat. 1476, provided that: “Except as otherwise provided in section 109 [see Effective Date note set out under section 2304 of this title], this Act [see section 1 of Pub. L. 112–199, set out as a Short Title of 2012 Amendment note under section 101 of this title] shall take effect 30 days after the date of enactment of this Act [Nov. 27, 2012].”
|
||||
|
||||
Effective Date of 1994 AmendmentPub. L. 103–424, § 14, Oct. 29, 1994, 108 Stat. 4368, provided that: “The provisions of this Act [amending this section and sections 1211, 1212, 1214, 1218, 1221, 2105, 2302, 4313, 7121, and 8348 of this title, enacting provisions set out as notes under sections 1212 and 1214 of this title and section 1441a of Title 12, Banks and Banking, and amending provisions set out as a note under section 5509 of this title] and the amendments made by this Act shall be effective on and after the date of the enactment of this Act [Oct. 29, 1994].” Amendment by Pub. L. 103–353 effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103–353, set out as an Effective Date note under section 4301 of Title 38, Veterans’ Benefits.
|
||||
|
||||
Effective Date of 1989 AmendmentAmendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title.
|
||||
|
||||
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of reporting provisions in subsecs. (a)(3) and (l) of this section (formerly 5 U.S.C. 1205(a)(3) and (k)), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 176 of House Document No. 103–7.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1205"
|
||||
description: "Transmittal of information to Congress"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "12"
|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1205"
|
||||
citation: "5 U.S.C. § 1205"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1205"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "80bb613cd3c481ca0bdc65f94e0c82f7ce842e5c897f276411ce75851c8d946b"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "818e63640d65557cae23914b0f22e93d4ef04e94734e24b14a523f901c03011a"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1205 - Transmittal of information to Congress
|
||||
|
||||
## Text
|
||||
|
||||
Notwithstanding any other provision of law or any rule, regulation or policy directive, any member of the Board, or any employee of the Board designated by the Board, may transmit to the Congress on the request of any committee or subcommittee thereof, by report, testimony, or otherwise, information and views on functions, responsibilities, or other matters relating to the Board, without review, clearance, or approval by any other administrative authority.
|
||||
|
||||
(Added Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1131, § 1209(a); renumbered § 1205 and amended Pub. L. 101–12, § 3(a)(9), Apr. 10, 1989, 103 Stat. 18.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1205 was renumbered section 1204 of this title.
|
||||
|
||||
Amendments1989—Pub. L. 101–12 renumbered section 1209(a) of this title as this section and inserted section catchline.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1989 AmendmentAmendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1206"
|
||||
description: "Annual report"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "12"
|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1206"
|
||||
citation: "5 U.S.C. § 1206"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1206"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "b2047fcc7b7ab84c1cc53c2ebcddefc27898a90366f9fde9098050572e2e2336"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "0a01ff87485544068a072cf496d2fcb445a208e44fb6abceea371eb19cd2b60f"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1206 - Annual report
|
||||
|
||||
## Text
|
||||
|
||||
The Board shall submit an annual report to the President and the Congress on its activities, which shall include a description of significant actions taken by the Board to carry out its functions under this title. The report shall also review the significant actions of the Office of Personnel Management, including an analysis of whether the actions of the Office of Personnel Management are in accord with merit system principles and free from prohibited personnel practices.
|
||||
|
||||
(Added Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1131, § 1209(b); renumbered § 1206 and amended Pub. L. 101–12, § 3(a)(10), Apr. 10, 1989, 103 Stat. 18.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1206, added Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1125, which related to authority and responsibilities of Special Counsel, was repealed by Pub. L. 101–12, §§ 3(a)(8), 11, Apr. 10, 1989, 103 Stat. 18, effective 90 days following Apr. 10, 1989. See section 1212 of this title.
|
||||
|
||||
Amendments1989—Pub. L. 101–12 renumbered section 1209(b) of this title as this section and inserted section catchline.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1989 AmendmentAmendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title.
|
||||
|
||||
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in first sentence of this section relating to annual reports to Congress (formerly 5 U.S.C. 1209(b)), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 176 of House Document No. 103–7.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1209"
|
||||
description: "Renumbered §§ 1205 and 1206]"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "12"
|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1209"
|
||||
citation: "5 U.S.C. § 1209"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1209"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "8502015a19618ffd01a2b28201ca77d9724a77c7984f5a529a68dbc015271a56"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "7574a8e2d71d2275ce167112e73649feb231cb7d6794c6d5a65e65fcf00dc57c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1209 - Renumbered §§ 1205 and 1206]
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Subsecs. (a) and (b) of this section were renumbered as sections 1205 and 1206, respectively, of this title by Pub. L. 101–12, § 3(a)(9), (10). Pub. L. 102–378, § 2(2), Oct. 2, 1992, 106 Stat. 1346, struck out section catchline of prior section 1209.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1211"
|
||||
description: "Establishment"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "12"
|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1211"
|
||||
citation: "5 U.S.C. § 1211"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1211"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "292dcf1cc9fd85411d861e8afbd72b98236332a256eb3e6148a9d381e723ba9e"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "6055dfd6fd869fcba6964014f7cebb022c4d11f1673b188e2d0923b0ffd939ff"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1211 - Establishment
|
||||
|
||||
## Text
|
||||
|
||||
(a) There is established the Office of Special Counsel, which shall be headed by the Special Counsel. The Office shall have an official seal which shall be judicially noticed. The Office shall have its principal office in the District of Columbia and shall have field offices in other appropriate locations.
|
||||
|
||||
(b) The Special Counsel shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years. The Special Counsel may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Special Counsel may not continue to serve for more than one year after the date on which the term of the Special Counsel would otherwise expire under this subsection. The Special Counsel shall be an attorney who, by demonstrated ability, background, training, or experience, is especially qualified to carry out the functions of the position. A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of the Special Counsel’s predecessor serves for the remainder of the term. The Special Counsel may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. The Special Counsel may not hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President.
|
||||
|
||||
(Added Pub. L. 101–12, § 3(a)(11), Apr. 10, 1989, 103 Stat. 19, § 1211(a), and Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1122, § 1204; renumbered § 1211(b) and amended Pub. L. 101–12, § 3(a)(6), (12), Apr. 10, 1989, 103 Stat. 17, 19; Pub. L. 103–424, § 3(a), Oct. 29, 1994, 108 Stat. 4361.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Subsec. (b). Pub. L. 103–424 inserted after first sentence “The Special Counsel may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Special Counsel may not continue to serve for more than one year after the date on which the term of the Special Counsel would otherwise expire under this subsection.” 1989—Subsec. (b). Pub. L. 101–12, § 3(a)(6), (12), renumbered section 1204 of this title as subsec. (b) of this section, substituted “Special Counsel shall be appointed by the President” for “Special Counsel of the Merit Systems Protection Board shall be appointed by the President from attorneys”, substituted “The Special Counsel shall be an attorney who, by demonstrated ability, background, training, or experience, is especially qualified to carry out the functions of the position. A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of the Special Counsel’s predecessor serves for the remainder of the term.” for “A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of his predecessor serves for the remainder of the term.”, and inserted at end “The Special Counsel may not hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSubchapter effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title.
|
||||
|
||||
Allegations of Wrongdoing Against Special Counsel or Deputy Special CounselPub. L. 110–409, § 7(b), Oct. 14, 2008, 122 Stat. 4312, which provided for review by the Integrity Committee of allegations of wrongdoing against the Special Counsel or the Deputy Special Counsel, was repealed by Pub. L. 114–317, § 7(a)(1), Dec. 16, 2016, 130 Stat. 1605. See section 424(d)(12) of this title.
|
||||
|
||||
Transfer of FundsPub. L. 101–12, § 8(c), Apr. 10, 1989, 103 Stat. 34, provided that: “The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available to the Special Counsel of the Merit Systems Protection Board are, subject to section 1531 of title 31, United States Code, transferred to the Special Counsel referred to in section 1211 of title 5, United States Code (as added by section 3(a) of this Act), for appropriate allocation.”
|
||||
@@ -0,0 +1,169 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1212"
|
||||
description: "Powers and functions of the Office of Special Counsel"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "12"
|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1212"
|
||||
citation: "5 U.S.C. § 1212"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1212"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "8241bb74e901dad9c8b0aefcb1e7585bd3e77a116dcd5c16c5e9e4a3380cd631"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "51a8181052d6a8c4778eff158e271794e71bf7c134affbbbaff7289d0b237fc3"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1212 - Powers and functions of the Office of Special Counsel
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office of Special Counsel shall—
|
||||
|
||||
(1) in accordance with section 1214(a) and other applicable provisions of this subchapter, protect employees, former employees, and applicants for employment from prohibited personnel practices;
|
||||
|
||||
(2) receive and investigate allegations of prohibited personnel practices, and, where appropriate—
|
||||
|
||||
(A) bring petitions for stays, and petitions for corrective action, under section 1214; and
|
||||
|
||||
(B) file a complaint or make recommendations for disciplinary action under section 1215;
|
||||
|
||||
(3) receive, review, and, where appropriate, forward to the Attorney General or an agency head under section 1213, disclosures of violations of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
|
||||
|
||||
(4) review rules and regulations issued by the Director of the Office of Personnel Management in carrying out functions under section 1103 and, where the Special Counsel finds that any such rule or regulation would, on its face or as implemented, require the commission of a prohibited personnel practice, file a written complaint with the Board; and
|
||||
|
||||
(5) investigate and, where appropriate, bring actions concerning allegations of violations of other laws within the jurisdiction of the Office of Special Counsel (as referred to in section 1216).
|
||||
|
||||
(b) (1) The Special Counsel and any employee of the Office of Special Counsel designated by the Special Counsel may administer oaths, examine witnesses, take depositions, and receive evidence.
|
||||
|
||||
(2) The Special Counsel may—
|
||||
|
||||
(A) issue subpoenas; and
|
||||
|
||||
(B) order the taking of depositions and order responses to written interrogatories;
|
||||
|
||||
in the same manner as provided under section 1204.
|
||||
|
||||
(3) (A) In the case of contumacy or failure to obey a subpoena issued under paragraph (2)(A), the Special Counsel may apply to the Merit Systems Protection Board to enforce the subpoena in court pursuant to section 1204(c).
|
||||
|
||||
(B) A subpoena under paragraph (2)(A) may, in the case of any individual outside the territorial jurisdiction of any court of the United States, be served in the manner referred to in subsection (d) of section 1204, and the United States District Court for the District of Columbia may, with respect to any such individual, compel compliance in accordance with such subsection.
|
||||
|
||||
(4) Witnesses (whether appearing voluntarily or under subpoena) shall be paid the same fee and mileage allowances which are paid subpoenaed witnesses in the courts of the United States.
|
||||
|
||||
(5) (A) Except as provided in subparagraph (B), the Special Counsel, in carrying out this subchapter, is authorized to—
|
||||
|
||||
(i) have timely access to all records, data, reports, audits, reviews, documents, papers, recommendations, or other material available to the applicable agency that relate to an investigation, review, or inquiry conducted under—
|
||||
|
||||
(I) section 1213, 1214, 1215, or 1216 of this title; or
|
||||
|
||||
(II) section 4324(a) of title 38;
|
||||
|
||||
(ii) request from any agency the information or assistance that may be necessary for the Special Counsel to carry out the duties and responsibilities of the Special Counsel under this subchapter; and
|
||||
|
||||
(iii) require, during an investigation, review, or inquiry of an agency, the agency to provide to the Special Counsel any record or other information that relates to an investigation, review, or inquiry conducted under—
|
||||
|
||||
(I) section 1213, 1214, 1215, or 1216 of this title; or
|
||||
|
||||
(II) section 4324(a) of title 38.
|
||||
|
||||
(B) (i) The authorization of the Special Counsel under subparagraph (A) shall not apply with respect to any entity that is an element of the intelligence community, as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003), unless the Special Counsel is investigating, or otherwise carrying out activities relating to the enforcement of, an action under subchapter III of chapter 73.
|
||||
|
||||
(ii) An Inspector General may withhold from the Special Counsel material described in subparagraph (A) if the Inspector General determines that the material contains information derived from, or pertaining to, intelligence activities.
|
||||
|
||||
(iii) The Attorney General or an Inspector General may withhold from the Special Counsel material described in subparagraph (A) if—
|
||||
|
||||
(I) (aa) disclosing the material could reasonably be expected to interfere with a criminal investigation or prosecution that is ongoing as of the date on which the Special Counsel submits a request for the material; or
|
||||
|
||||
(bb) the material—
|
||||
|
||||
(AA) may not be disclosed pursuant to a court order; or
|
||||
|
||||
(BB) has been filed under seal under section 3730 of title 31; and
|
||||
|
||||
(II) the Attorney General or the Inspector General, as applicable, submits to the Special Counsel a written report that describes—
|
||||
|
||||
(aa) the material being withheld; and
|
||||
|
||||
(bb) the reason that the material is being withheld.
|
||||
|
||||
(C) (i) A claim of common law privilege by an agency, or an officer or employee of an agency, shall not prevent the Special Counsel from obtaining any material described in subparagraph (A)(i) with respect to the agency.
|
||||
|
||||
(ii) The submission of material described in subparagraph (A)(i) by an agency to the Special Counsel may not be deemed to waive any assertion of privilege by the agency against a non-Federal entity or against an individual in any other proceeding.
|
||||
|
||||
(iii) With respect to any record or other information made available to the Special Counsel by an agency under subparagraph (A), the Special Counsel may only disclose the record or information for a purpose that is in furtherance of any authority provided to the Special Counsel under this subchapter.
|
||||
|
||||
(6) The Special Counsel shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and each committee of Congress with jurisdiction over the applicable agency a report regarding any case of contumacy or failure to comply with a request submitted by the Special Counsel under paragraph (5)(A).
|
||||
|
||||
(c) (1) Except as provided in paragraph (2), the Special Counsel may as a matter of right intervene or otherwise participate in any proceeding before the Merit Systems Protection Board, except that the Special Counsel shall comply with the rules of the Board.
|
||||
|
||||
(2) The Special Counsel may not intervene in an action brought by an individual under section 1221, or in an appeal brought by an individual under section 7701, without the consent of such individual.
|
||||
|
||||
(d) (1) The Special Counsel may appoint the legal, administrative, and support personnel necessary to perform the functions of the Special Counsel.
|
||||
|
||||
(2) Any appointment made under this subsection shall be made in accordance with the provisions of this title, except that such appointment shall not be subject to the approval or supervision of the Office of Personnel Management or the Executive Office of the President (other than approval required under section 3324 or subchapter VIII of chapter 33).
|
||||
|
||||
(e) The Special Counsel may prescribe such regulations as may be necessary to perform the functions of the Special Counsel. Such regulations shall be published in the Federal Register.
|
||||
|
||||
(f) The Special Counsel may not issue any advisory opinion concerning any law, rule, or regulation (other than an advisory opinion concerning chapter 15 or subchapter III of chapter 73).
|
||||
|
||||
(g) (1) The Special Counsel may not respond to any inquiry or disclose any information from or about any person making an allegation under section 1214(a), except in accordance with the provisions of section 552a of title 5, United States Code, or as required by any other applicable Federal law.
|
||||
|
||||
(2) Notwithstanding the exception under paragraph (1), the Special Counsel may not respond to any inquiry concerning an evaluation of the work performance, ability, aptitude, general qualifications, character, loyalty, or suitability for any personnel action of any person described in paragraph (1)—
|
||||
|
||||
(A) unless the consent of the individual as to whom the information pertains is obtained in advance; or
|
||||
|
||||
(B) except upon request of an agency which requires such information in order to make a determination concerning an individual’s having access to the information unauthorized disclosure of which could be expected to cause exceptionally grave damage to the national security.
|
||||
|
||||
(h) (1) The Special Counsel is authorized to appear as amicus curiae in any action brought in a court of the United States related to section 2302(b)(8) or (9), or as otherwise authorized by law. In any such action, the Special Counsel is authorized to present the views of the Special Counsel with respect to compliance with section 2302(b)(8) or (9) and the impact court decisions would have on the enforcement of such provisions of law.
|
||||
|
||||
(2) A court of the United States shall grant the application of the Special Counsel to appear in any such action for the purposes described under subsection (a).
|
||||
|
||||
(i) The Special Counsel shall enter into at least 1 agreement with the Inspector General of an agency under which—
|
||||
|
||||
(1) the Inspector General shall—
|
||||
|
||||
(A) receive, review, and investigate allegations of prohibited personnel practices or wrongdoing filed by employees of the Office of Special Counsel; and
|
||||
|
||||
(B) develop a method for an employee of the Office of Special Counsel to communicate directly with the Inspector General; and
|
||||
|
||||
(2) the Special Counsel—
|
||||
|
||||
(A) may not require an employee of the Office of Special Counsel to seek authorization or approval before directly contacting the Inspector General in accordance with the agreement; and
|
||||
|
||||
(B) may reimburse the Inspector General for services provided under the agreement.
|
||||
|
||||
(Added Pub. L. 101–12, § 3(a)(13), Apr. 10, 1989, 103 Stat. 19; amended Pub. L. 103–424, § 3(b), Oct. 29, 1994, 108 Stat. 4362; Pub. L. 112–199, title I, § 113, Nov. 27, 2012, 126 Stat. 1472; Pub. L. 115–91, div. A, title X, § 1097(a), (g), Dec. 12, 2017, 131 Stat. 1615, 1623.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (b)(5), (6). Pub. L. 115–91, § 1097(a), added pars. (5) and (6). Subsec. (i). Pub. L. 115–91, § 1097(g), added subsec. (i). 2012—Subsec. (h). Pub. L. 112–199 added subsec. (h). 1994—Subsec. (g)(1). Pub. L. 103–424, § 3(b)(1) substituted “disclose any information from or about” for “provide information concerning”. Subsec. (g)(2). Pub. L. 103–424, § 3(b)(2), substituted “an evaluation of the work performance, ability, aptitude, general qualifications, character, loyalty, or suitability for any personnel action of any” for “a matter described in subparagraph (A) or (B) of section 2302(b)(2) in connection with a”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
|
||||
|
||||
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–199 effective 30 days after Nov. 27, 2012, see section 202 of Pub. L. 112–199, set out as a note under section 1204 of this title.
|
||||
|
||||
RegulationsPub. L. 115–91, div. A, title X, § 1097(m), Dec. 12, 2017, 131 Stat. 1626, provided that: “(1) In general.—Not later than 2 years after the date of enactment of this Act [Dec. 12, 2017], the Special Counsel shall prescribe such regulations as may be necessary to perform—“(A) the functions of the Special Counsel under subchapter II of chapter 12 of title 5, United States Code, including regulations that are necessary to carry out sections 1213, 1214, and 1215 of that title; and “(B) any functions of the Special Counsel that are required because of the amendments made by this section [enacting section 7515 of this title, amending this section and sections 1212 to 1214, 1217 to 1219, 1221, 2302, 4301, 4302, 4313, 4505a, 5755, and 7326 of this title and sections 3657 and 3673 of Title 22, Foreign Relations and Intercourse, repealing section 2307 of this title and former section 7515 of this title, enacting provisions set out as notes under this section and sections 4302, 5509, 7326, and 7503 of this title, and amending provisions set out as notes under this section and sections 2302 and 5509 of this title]. “(2) Publication.—Any regulations prescribed under paragraph (1) shall be published in the Federal Register.”
|
||||
|
||||
Suicide by EmployeesPub. L. 115–73, title I, § 105, Oct. 26, 2017, 131 Stat. 1238, as amended by Pub. L. 115–91, div. A, title X, § 1097(l), Dec. 12, 2017, 131 Stat. 1626, provided that: “(a) Referral.—The head of an agency shall refer to the Special Counsel, along with any information known to the agency regarding the circumstances described in paragraphs (2) and (3), any instance in which the head of the agency has credible information indicating—“(1) an employee of the agency committed suicide; “(2) prior to the death of the employee, the employee made any disclosure of information which reasonably evidences—“(A) any violation of any law, rule, or regulation; or “(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; and “(3) after a disclosure described in paragraph (2), a personnel action was taken against the employee. “(b) Office of Special Counsel Review.—For any referral to the Special Counsel under subsection (a), the Special Counsel shall—“(1) examine whether any personnel action was taken because of any disclosure of information described in subsection (a)(2); and “(2) take any action the Special Counsel determines appropriate under subchapter II of chapter 12 of title 5, United States Code. “(c) Permission of Next of Kin.—The head of the agency shall only make a referral under subsection (a) regarding an employee after receiving written permission from the next of kin, as such term is defined in section 6381 of title 5, United States Code, of the employee.” [For definitions of “agency”, “employee”, and “personnel action” as used in section 105 of Pub. L. 115–73, set out above, see section 101 of Pub. L. 115–73, set out below.]
|
||||
|
||||
Policy Statement Regarding Implementation of Whistleblower Protection ActPub. L. 103–424, § 12(a), Oct. 29, 1994, 108 Stat. 4366, provided that: “No later than 6 months after the date of enactment of this Act [Oct. 29, 1994], the Special Counsel shall issue a policy statement regarding the implementation of the Whistleblower Protection Act of 1989 [see Short Title of 1989 Amendment note set out under section 1201 of this title]. Such policy statement shall be made available to each person alleging a prohibited personnel practice described under section 2302(b)(8) of title 5, United States Code, and shall include detailed guidelines identifying specific categories of information that may (or may not) be communicated to agency officials for an investigative purpose, or for the purpose of obtaining corrective action under section 1214 of title 5, United States Code, or disciplinary action under section 1215 of such title, the circumstances under which such information is likely to be disclosed, and whether or not the consent of any person is required in advance of any such communication.”
|
||||
|
||||
Annual Survey of Individuals Seeking AssistancePub. L. 103–424, § 13, Oct. 29, 1994, 108 Stat. 4367, provided that: “(a) In General.—The Office of Special Counsel shall, after consulting with the Office of Policy and Evaluation of the Merit Systems Protection Board, conduct an annual survey of all individuals who contact the Office of Special Counsel for assistance. The survey shall—“(1) determine if the individual seeking assistance was fully apprised of their rights; “(2) determine whether the individual was successful either at the Office of Special Counsel or the Merit Systems Protection Board; and “(3) determine if the individual, whether successful or not, was satisfied with the treatment received from the Office of Special Counsel. “(b) Report.—The results of the survey conducted under subsection (a) shall be published in the annual report of the Office of Special Counsel.”
|
||||
|
||||
DefinitionsPub. L. 115–73, title I, § 101, Oct. 26, 2017, 131 Stat. 1235, provided that: “In this title [enacting sections 2307 and 7515 of this title, amending sections 1214, 1221, 2302, 4505a, and 5755 of this title and sections 3657 and 3673 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under this section and section 2301 of this title, and amending provisions set out as a note under section 2302 of this title]— “(1) the term ‘agency’—“(A) except as provided in subparagraph (B), means an entity that is an agency, as defined under section 2302 of title 5, United States Code, without regard to whether one or more portions of title 5 of the United States Code are inapplicable to the entity; and “(B) does not include any entity that is an element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)); “(2) the term ‘employee’ means an employee (as defined in section 2105 of title 5, United States Code) of an agency; and “(3) the term ‘personnel action’ has the meaning given that term under section 2302 of title 5, United States Code.”
|
||||
@@ -0,0 +1,133 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1213"
|
||||
description: "Provisions relating to disclosures of violations of law, gross mismanagement, and certain other matters"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "12"
|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1213"
|
||||
citation: "5 U.S.C. § 1213"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1213"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "695364b674ce8d4359b8599669c5f2aac0377df3682ff154fd569a80e9f9d507"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "2fd12b24cc383933b12fbc28da5f1a8dfdd9b3d212c12fdf20cdc25f5b53dc27"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1213 - Provisions relating to disclosures of violations of law, gross mismanagement, and certain other matters
|
||||
|
||||
## Text
|
||||
|
||||
(a) This section applies with respect to—
|
||||
|
||||
(1) any disclosure of information by an employee, former employee, or applicant for employment which the employee, former employee, or applicant reasonably believes evidences—
|
||||
|
||||
(A) a violation of any law, rule, or regulation; or
|
||||
|
||||
(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
|
||||
|
||||
if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; and
|
||||
|
||||
(2) any disclosure by an employee, former employee, or applicant for employment to the Special Counsel or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures of information which the employee, former employee, or applicant reasonably believes evidences—
|
||||
|
||||
(A) a violation of any law, rule, or regulation; or
|
||||
|
||||
(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
|
||||
|
||||
(b) Whenever the Special Counsel receives information of a type described in subsection (a) of this section, the Special Counsel shall review such information and, within 45 days after receiving the information, determine whether there is a substantial likelihood that the information discloses a violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety.
|
||||
|
||||
(c) (1) Subject to paragraph (2), if the Special Counsel makes a positive determination under subsection (b) of this section, the Special Counsel shall promptly transmit the information with respect to which the determination was made to the appropriate agency head and require that the agency head—
|
||||
|
||||
(A) conduct an investigation with respect to the information and any related matters transmitted by the Special Counsel to the agency head; and
|
||||
|
||||
(B) submit a written report setting forth the findings of the agency head within 60 days after the date on which the information is transmitted to the agency head or within any longer period of time agreed to in writing by the Special Counsel.
|
||||
|
||||
(2) The Special Counsel may require an agency head to conduct an investigation and submit a written report under paragraph (1) only if the information was transmitted to the Special Counsel by—
|
||||
|
||||
(A) an employee, former employee, or applicant for employment in the agency which the information concerns; or
|
||||
|
||||
(B) an employee who obtained the information in connection with the performance of the employee’s duties and responsibilities.
|
||||
|
||||
(d) Any report required under subsection (c) shall be reviewed and signed by the head of the agency and shall include—
|
||||
|
||||
(1) a summary of the information with respect to which the investigation was initiated;
|
||||
|
||||
(2) a description of the conduct of the investigation;
|
||||
|
||||
(3) a summary of any evidence obtained from the investigation;
|
||||
|
||||
(4) a listing of any violation or apparent violation of any law, rule, or regulation; and
|
||||
|
||||
(5) a description of any action taken or planned as a result of the investigation, such as—
|
||||
|
||||
(A) changes in agency rules, regulations, or practices;
|
||||
|
||||
(B) the restoration of any aggrieved employee;
|
||||
|
||||
(C) disciplinary action against any employee; and
|
||||
|
||||
(D) referral to the Attorney General of any evidence of a criminal violation.
|
||||
|
||||
(e) (1) Any report required under subsection (c) or paragraph (5) of this subsection shall be submitted to the Special Counsel, and the Special Counsel shall transmit a copy to the complainant, except as provided under subsection (f) of this section. The complainant may submit comments to the Special Counsel on the agency report within 15 days of having received a copy of the report.
|
||||
|
||||
(2) Upon receipt of any report that the head of an agency is required to submit under subsection (c), the Special Counsel shall review the report and determine whether—
|
||||
|
||||
(A) the findings of the head of the agency appear reasonable; and
|
||||
|
||||
(B) if the Special Counsel requires the head of the agency to submit a supplemental report under paragraph (5), the reports submitted by the head of the agency collectively contain the information required under subsection (d).
|
||||
|
||||
(3) The Special Counsel shall transmit any report submitted to the Special Counsel by the head of an agency under subsection (c) or paragraph (5) of this subsection, any comments provided by the complainant pursuant to subsection (e)(1), and any appropriate comments or recommendations by the Special Counsel to the President and the congressional committees with jurisdiction over the agency which the disclosure involves.
|
||||
|
||||
(4) Whenever the Special Counsel does not receive the report of the agency within the time prescribed in subsection (c)(2) of this section, the Special Counsel shall transmit a copy of the information which was transmitted to the agency head to the President and the congressional committees with jurisdiction over the agency which the disclosure involves together with a statement noting the failure of the head of the agency to file the required report.
|
||||
|
||||
(5) If, after conducting a review of a report under paragraph (2), the Special Counsel concludes that the Special Counsel requires additional information or documentation to determine whether the report submitted by the head of an agency is reasonable and sufficient, the Special Counsel may request that the head of the agency submit a supplemental report—
|
||||
|
||||
(A) containing the additional information or documentation identified by the Special Counsel; and
|
||||
|
||||
(B) that the head of the agency shall submit to the Special Counsel within a period of time specified by the Special Counsel.
|
||||
|
||||
(f) In any case in which evidence of a criminal violation obtained by an agency in an investigation under subsection (c) of this section is referred to the Attorney General—
|
||||
|
||||
(1) the report shall not be transmitted to the complainant; and
|
||||
|
||||
(2) the agency shall notify the Office of Personnel Management and the Office of Management and Budget of the referral.
|
||||
|
||||
(g) (1) If the Special Counsel receives information of a type described in subsection (a) from an individual other than an individual described in subparagraph (A) or (B) of subsection (c)(2), the Special Counsel may transmit the information to the head of the agency which the information concerns. The head of such agency shall, within a reasonable time after the information is transmitted, inform the Special Counsel in writing of what action has been or is being taken and when such action shall be completed. The Special Counsel shall inform the individual of the report of the agency head.
|
||||
|
||||
(2) If the Special Counsel receives information of a type described in subsection (a) from an individual described in subparagraph (A) or (B) of subsection (c)(2), but does not make a positive determination under subsection (b), the Special Counsel may transmit the information to the head of the agency which the information concerns, except that the information may not be transmitted to the head of the agency without the consent of the individual. The head of such agency shall, within a reasonable time after the information is transmitted, inform the Special Counsel in writing of what action has been or is being taken and when such action will be completed. The Special Counsel shall inform the individual of the report of the agency head.
|
||||
|
||||
(3) If the Special Counsel does not transmit the information to the head of the agency under paragraph (2), the Special Counsel shall inform the individual of—
|
||||
|
||||
(A) the reasons why the disclosure may not be further acted on under this chapter; and
|
||||
|
||||
(B) other offices available for receiving disclosures, should the individual wish to pursue the matter further.
|
||||
|
||||
(h) The identity of any individual who makes a disclosure described in subsection (a) may not be disclosed by the Special Counsel without such individual’s consent unless the Special Counsel determines that the disclosure of the individual’s identity is necessary because of an imminent danger to public health or safety or imminent violation of any criminal law.
|
||||
|
||||
(i) Except as specifically authorized under this section, the provisions of this section shall not be considered to authorize disclosure of any information by any agency or any person which is—
|
||||
|
||||
(1) specifically prohibited from disclosure by any other provision of law; or
|
||||
|
||||
(2) specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs.
|
||||
|
||||
(j) With respect to any disclosure of information described in subsection (a) which involves foreign intelligence or counterintelligence information, if the disclosure is specifically prohibited by law or by Executive order, the Special Counsel shall transmit such information to the National Security Advisor, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate.
|
||||
|
||||
(Added Pub. L. 101–12, § 3(a)(13), Apr. 10, 1989, 103 Stat. 21; amended Pub. L. 104–316, title I, § 103(a), Oct. 19, 1996, 110 Stat. 3828; Pub. L. 107–304, § 3, Nov. 27, 2002, 116 Stat. 2364; Pub. L. 115–91, div. A, title X, § 1097(c)(2), Dec. 12, 2017, 131 Stat. 1618.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (b). Pub. L. 115–91, § 1097(c)(2)(A), substituted “45 days” for “15 days”. Subsec. (e)(1). Pub. L. 115–91, § 1097(c)(2)(B)(i), substituted “Any report required under subsection (c) or paragraph (5) of this subsection” for “Any such report”. Subsec. (e)(2). Pub. L. 115–91, § 1097(c)(2)(B)(ii), added par. (2) and struck out former par. (2) which related to review of any report of the head of an agency required under subsection (c). Subsec. (e)(3). Pub. L. 115–91, § 1097(c)(2)(B)(iii), substituted “report submitted to the Special Counsel by the head of an agency under subsection (c) or paragraph (5) of this subsection” for “agency report received pursuant to subsection (c) of this section”. Subsec. (e)(5). Pub. L. 115–91, § 1097(c)(2)(B)(iv), added par. (5). 2002—Subsec. (g)(1). Pub. L. 107–304, § 3(1), struck out at end “If the Special Counsel does not transmit the information to the head of the agency, the Special Counsel shall return any documents and other matter provided by the individual who made the disclosure.” Subsec. (g)(3). Pub. L. 107–304, § 3(2), added par. (3) and struck out former par. (3) which read as follows: “If the Special Counsel does not transmit the information to the head of the agency under paragraph (2), the Special Counsel shall— “(A) return any documents and other matter provided by the individual who made the disclosure; and “(B) inform the individual of— “(i) the reasons why the disclosure may not be further acted on under this chapter; and “(ii) other offices available for receiving disclosures, should the individual wish to pursue the matter further.” 1996—Subsec. (e)(3). Pub. L. 104–316, § 103(a)(1), substituted “President and” for “President,” and struck out “, and the Comptroller General” before period at end. Subsec. (e)(4). Pub. L. 104–316, § 103(a)(2), substituted “President and” for “President,” and struck out “, and the Comptroller General” before “together with a”.
|
||||
@@ -0,0 +1,177 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1214"
|
||||
description: "Investigation of prohibited personnel practices; corrective action"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
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|
||||
title_number: 5
|
||||
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|
||||
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|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1214"
|
||||
citation: "5 U.S.C. § 1214"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
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|
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1214 - Investigation of prohibited personnel practices; corrective action
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) (A) The Special Counsel shall receive any allegation of a prohibited personnel practice and shall investigate the allegation to the extent necessary to determine whether there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken.
|
||||
|
||||
(B) Within 15 days after the date of receiving an allegation of a prohibited personnel practice under paragraph (1), the Special Counsel shall provide written notice to the person who made the allegation that—
|
||||
|
||||
(i) the allegation has been received by the Special Counsel; and
|
||||
|
||||
(ii) shall include the name of a person at the Office of Special Counsel who shall serve as a contact with the person making the allegation.
|
||||
|
||||
(C) Unless an investigation is terminated under paragraph (2), the Special Counsel shall—
|
||||
|
||||
(i) within 90 days after notice is provided under subparagraph (B), notify the person who made the allegation of the status of the investigation and any action taken by the Office of the Special Counsel since the filing of the allegation;
|
||||
|
||||
(ii) notify such person of the status of the investigation and any action taken by the Office of the Special Counsel since the last notice, at least every 60 days after notice is given under clause (i); and
|
||||
|
||||
(iii) notify such person of the status of the investigation and any action taken by the Special Counsel at such time as determined appropriate by the Special Counsel.
|
||||
|
||||
(D) No later than 10 days before the Special Counsel terminates any investigation of a prohibited personnel practice, the Special Counsel shall provide a written status report to the person who made the allegation of the proposed findings of fact and legal conclusions. The person may submit written comments about the report to the Special Counsel. The Special Counsel shall not be required to provide a subsequent written status report under this subparagraph after the submission of such written comments.
|
||||
|
||||
(2) (A) If the Special Counsel terminates any investigation under paragraph (1), the Special Counsel shall prepare and transmit to any person on whose allegation the investigation was initiated a written statement notifying the person of—
|
||||
|
||||
(i) the termination of the investigation;
|
||||
|
||||
(ii) a summary of relevant facts ascertained by the Special Counsel, including the facts that support, and the facts that do not support, the allegations of such person;
|
||||
|
||||
(iii) the reasons for terminating the investigation; and
|
||||
|
||||
(iv) a response to any comments submitted under paragraph (1)(D).
|
||||
|
||||
(B) A written statement under subparagraph (A) may not be admissible as evidence in any judicial or administrative proceeding, without the consent of the person who received such statement under subparagraph (A).
|
||||
|
||||
(3) Except in a case in which an employee, former employee, or applicant for employment has the right to appeal directly to the Merit Systems Protection Board under any law, rule, or regulation, any such employee, former employee, or applicant shall seek corrective action from the Special Counsel before seeking corrective action from the Board. An employee, former employee, or applicant for employment may seek corrective action from the Board under section 1221, if such employee, former employee, or applicant seeks corrective action for a prohibited personnel practice described in section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D) from the Special Counsel and—
|
||||
|
||||
(A) (i) the Special Counsel notifies such employee, former employee, or applicant that an investigation concerning such employee, former employee, or applicant has been terminated; and
|
||||
|
||||
(ii) no more than 60 days have elapsed since notification was provided to such employee, former employee, or applicant for employment that such investigation was terminated; or
|
||||
|
||||
(B) 120 days after seeking corrective action from the Special Counsel, such employee, former employee, or applicant has not been notified by the Special Counsel that the Special Counsel shall seek corrective action on behalf of such employee, former employee, or applicant.
|
||||
|
||||
(4) If an employee, former employee, or applicant seeks a corrective action from the Board under section 1221, pursuant to the provisions of paragraph (3)(B), the Special Counsel may continue to seek corrective action personal to such employee, former employee, or applicant only with the consent of such employee, former employee, or applicant.
|
||||
|
||||
(5) In addition to any authority granted under paragraph (1), the Special Counsel may, in the absence of an allegation, conduct an investigation for the purpose of determining whether there are reasonable grounds to believe that a prohibited personnel practice (or a pattern of prohibited personnel practices) has occurred, exists, or is to be taken.
|
||||
|
||||
(6) (A) Notwithstanding any other provision of this section, not later than 30 days after the date on which the Special Counsel receives an allegation of a prohibited personnel practice under paragraph (1), the Special Counsel may terminate an investigation of the allegation without further inquiry if the Special Counsel determines that—
|
||||
|
||||
(i) the same allegation, based on the same set of facts and circumstances, had previously been—
|
||||
|
||||
(I) (aa) made by the individual; and
|
||||
|
||||
(bb) investigated by the Special Counsel; or
|
||||
|
||||
(II) filed by the individual with the Merit Systems Protection Board;
|
||||
|
||||
(ii) the Special Counsel does not have jurisdiction to investigate the allegation; or
|
||||
|
||||
(iii) the individual knew or should have known of the alleged prohibited personnel practice on or before the date that is 3 years before the date on which the Special Counsel received the allegation.
|
||||
|
||||
(B) Not later than 30 days after the date on which the Special Counsel terminates an investigation under subparagraph (A), the Special Counsel shall provide a written notification to the individual who submitted the allegation of a prohibited personnel practice that states the basis of the Special Counsel for terminating the investigation.
|
||||
|
||||
(b) (1) (A) (i) The Special Counsel may request any member of the Merit Systems Protection Board to order a stay of any personnel action for 45 days if the Special Counsel determines that there are reasonable grounds to believe that the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice.
|
||||
|
||||
(ii) Any member of the Board requested by the Special Counsel to order a stay under clause (i) shall order such stay unless the member determines that, under the facts and circumstances involved, such a stay would not be appropriate.
|
||||
|
||||
(iii) Unless denied under clause (ii), any stay under this subparagraph shall be granted within 3 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of the request for the stay by the Special Counsel.
|
||||
|
||||
(B) (i) The Board may extend the period of any stay granted under subparagraph (A) for any period which the Board considers appropriate.
|
||||
|
||||
(ii) If the Board lacks the number of members appointed under section 1201 required to constitute a quorum, any remaining member of the Board may, upon request by the Special Counsel, extend the period of any stay granted under subparagraph (A).
|
||||
|
||||
(C) The Board shall allow any agency which is the subject of a stay to comment to the Board on any extension of stay proposed under subparagraph (B).
|
||||
|
||||
(D) A stay may be terminated by the Board at any time, except that a stay may not be terminated by the Board—
|
||||
|
||||
(i) on its own motion or on the motion of an agency, unless notice and opportunity for oral or written comments are first provided to the Special Counsel and the individual on whose behalf the stay was ordered; or
|
||||
|
||||
(ii) on motion of the Special Counsel, unless notice and opportunity for oral or written comments are first provided to the individual on whose behalf the stay was ordered.
|
||||
|
||||
(E) If the Board grants a stay under subparagraph (A), the head of the agency employing the employee who is the subject of the action shall give priority to a request for a transfer submitted by the employee.
|
||||
|
||||
(2) (A) (i) Except as provided under clause (ii), no later than 240 days after the date of receiving an allegation of a prohibited personnel practice under paragraph (1), the Special Counsel shall make a determination whether there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken.
|
||||
|
||||
(ii) If the Special Counsel is unable to make the required determination within the 240-day period specified under clause (i) and the person submitting the allegation of a prohibited personnel practice agrees to an extension of time, the determination shall be made within such additional period of time as shall be agreed upon between the Special Counsel and the person submitting the allegation.
|
||||
|
||||
(B) If, in connection with any investigation, the Special Counsel determines that there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken which requires corrective action, the Special Counsel shall report the determination together with any findings or recommendations to the Board, the agency involved and to the Office of Personnel Management, and may report such determination, findings and recommendations to the President. The Special Counsel may include in the report recommendations for corrective action to be taken.
|
||||
|
||||
(C) If, after a reasonable period of time, the agency does not act to correct the prohibited personnel practice, the Special Counsel may petition the Board for corrective action.
|
||||
|
||||
(D) If the Special Counsel finds, in consultation with the individual subject to the prohibited personnel practice, that the agency has acted to correct the prohibited personnel practice, the Special Counsel shall file such finding with the Board, together with any written comments which the individual may provide.
|
||||
|
||||
(E) A determination by the Special Counsel under this paragraph shall not be cited or referred to in any proceeding under this paragraph or any other administrative or judicial proceeding for any purpose, without the consent of the person submitting the allegation of a prohibited personnel practice.
|
||||
|
||||
(3) Whenever the Special Counsel petitions the Board for corrective action, the Board shall provide an opportunity for—
|
||||
|
||||
(A) oral or written comments by the Special Counsel, the agency involved, and the Office of Personnel Management; and
|
||||
|
||||
(B) written comments by any individual who alleges to be the subject of the prohibited personnel practice.
|
||||
|
||||
(4) (A) The Board shall order such corrective action as the Board considers appropriate, if the Board determines that the Special Counsel has demonstrated that a prohibited personnel practice, other than one described in section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D), has occurred, exists, or is to be taken.
|
||||
|
||||
(B) (i) Subject to the provisions of clause (ii), in any case involving an alleged prohibited personnel practice as described under section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D), the Board shall order such corrective action as the Board considers appropriate if the Special Counsel has demonstrated that a disclosure or protected activity described under section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D) was a contributing factor in the personnel action which was taken or is to be taken against the individual.
|
||||
|
||||
(ii) Corrective action under clause (i) may not be ordered if, after a finding that a protected disclosure was a contributing factor, the agency demonstrates by clear and convincing evidence that it would have taken the same personnel action in the absence of such disclosure.
|
||||
|
||||
(c) (1) Judicial review of any final order or decision of the Board under this section may be obtained by any employee, former employee, or applicant for employment adversely affected by such order or decision.
|
||||
|
||||
(2) A petition for review under this subsection shall be filed with such court, and within such time, as provided for under section 7703(b).
|
||||
|
||||
(d) (1) If, in connection with any investigation under this subchapter, the Special Counsel determines that there is reasonable cause to believe that a criminal violation has occurred, the Special Counsel shall report the determination to the Attorney General and to the head of the agency involved, and shall submit a copy of the report to the Director of the Office of Personnel Management and the Director of the Office of Management and Budget.
|
||||
|
||||
(2) In any case in which the Special Counsel determines that there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken, the Special Counsel shall proceed with any investigation or proceeding unless—
|
||||
|
||||
(A) the alleged violation has been reported to the Attorney General; and
|
||||
|
||||
(B) the Attorney General is pursuing an investigation, in which case the Special Counsel, after consultation with the Attorney General, has discretion as to whether to proceed.
|
||||
|
||||
(e) If, in connection with any investigation under this subchapter, the Special Counsel determines that there is reasonable cause to believe that any violation of any law, rule, or regulation has occurred other than one referred to in subsection (b) or (d), the Special Counsel shall report such violation to the head of the agency involved. The Special Counsel shall require, within 30 days after the receipt of the report by the agency, a certification by the head of the agency which states—
|
||||
|
||||
(1) that the head of the agency has personally reviewed the report; and
|
||||
|
||||
(2) what action has been or is to be taken, and when the action will be completed.
|
||||
|
||||
(f) During any investigation initiated under this subchapter, no disciplinary action shall be taken against any employee for any alleged prohibited activity under investigation or for any related activity without the approval of the Special Counsel.
|
||||
|
||||
(g) If the Board orders corrective action under this section, such corrective action may include—
|
||||
|
||||
(1) that the individual be placed, as nearly as possible, in the position the individual would have been in had the prohibited personnel practice not occurred; and
|
||||
|
||||
(2) reimbursement for attorney’s fees, back pay and related benefits, medical costs incurred, travel expenses, any other reasonable and foreseeable consequential damages, and compensatory damages (including interest, reasonable expert witness fees, and costs).
|
||||
|
||||
(h) Any corrective action ordered under this section to correct a prohibited personnel practice may include fees, costs, or damages reasonably incurred due to an agency investigation of the employee, if such investigation was commenced, expanded, or extended in retaliation for the disclosure or protected activity that formed the basis of the corrective action.
|
||||
|
||||
(i) The Special Counsel may petition the Board to order corrective action, including fees, costs, or damages reasonably incurred by an employee due to an investigation of the employee by an agency, if the investigation by an agency was commenced, expanded, or extended in retaliation for a disclosure or protected activity described in section 2302(b)(8) or subparagraph (A)(i), (B), (C), or (D) of section 2302(b)(9), without regard to whether a personnel action, as defined in section 2302(a)(2)(A), is taken.
|
||||
|
||||
(Added Pub. L. 101–12, § 3(a)(13), Apr. 10, 1989, 103 Stat. 23; amended Pub. L. 103–424, §§ 3(c), (d), 8(a), Oct. 29, 1994, 108 Stat. 4362, 4364; Pub. L. 112–199, title I, §§ 101(b)(1)(A), (2)(A), 104(c)(1), 107(b), 114(a), Nov. 27, 2012, 126 Stat. 1465, 1468, 1469, 1472; Pub. L. 115–42, § 1, June 27, 2017, 131 Stat. 883; Pub. L. 115–73, title I, § 102(a), Oct. 26, 2017, 131 Stat. 1236; Pub. L. 115–91, div. A, title X, § 1097(c)(3)(A), (4), (f), (j), Dec. 12, 2017, 131 Stat. 1619, 1622, 1625.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (a)(6). Pub. L. 115–91, § 1097(f), added par. (6). Subsec. (b)(1)(B). Pub. L. 115–42 designated existing provisions as cl. (i) and added cl. (ii). Subsec. (b)(1)(B)(ii). Pub. L. 115–91, § 1097(j), struck out “who was appointed, by and with the advice and consent of the Senate,” after “member of the Board”. Subsec. (b)(1)(E). Pub. L. 115–91, § 1097(c)(3)(A), added subpar. (E) and struck out former subpar. (E) which read as follows: “If the Merit Systems Protection Board grants a stay under this subsection, the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee.” Pub. L. 115–73 added subpar. (E). Subsec. (i). Pub. L. 115–91, § 1097(c)(4), added subsec. (i). 2012—Subsecs. (a)(3), (b)(4)(A). Pub. L. 112–199, § 101(b)(1)(A), inserted “or section 2302(b)(9)(A)(i), (B), (C), or (D)” after “section 2302(b)(8)”. Subsec. (b)(4)(B)(i). Pub. L. 112–199, § 101(b)(1)(A), (2)(A), inserted “or section 2302(b)(9)(A)(i), (B), (C), or (D)” after “section 2302(b)(8)” in two places and inserted “or protected activity” after “disclosure”. Subsec. (b)(4)(B)(ii). Pub. L. 112–199, § 114(a), inserted “, after a finding that a protected disclosure was a contributing factor,” after “ordered if”. Subsec. (g)(2). Pub. L. 112–199, § 107(b), substituted “any other reasonable and foreseeable consequential damages, and compensatory damages (including interest, reasonable expert witness fees, and costs).” for “and any other reasonable and foreseeable consequential damages.” Subsec. (h). Pub. L. 112–199, § 104(c)(1), added subsec. (h). 1994—Subsec. (a)(1)(D). Pub. L. 103–424, § 3(c)(1), added subpar. (D). Subsec. (a)(2)(A)(iv). Pub. L. 103–424, § 3(c)(2), added cl. (iv). Subsec. (b)(2). Pub. L. 103–424, § 3(d), added subpars. (A) and (E) and redesignated former subpars. (A) to (C) as (B) to (D), respectively. Subsec. (g). Pub. L. 103–424, § 8(a), added subsec. (g).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–199 effective 30 days after Nov. 27, 2012, see section 202 of Pub. L. 112–199, set out as a note under section 1204 of this title.
|
||||
|
||||
Termination StatementPub. L. 103–424, § 12(b), Oct. 29, 1994, 108 Stat. 4367, provided that: “The Special Counsel shall include in any letter terminating an investigation under section 1214(a)(2) of title 5, United States Code, the name and telephone number of an employee of the Special Counsel who is available to respond to reasonable questions from the person regarding the investigation or review conducted by the Special Counsel, the relevant facts ascertained by the Special Counsel, and the law applicable to the person’s allegations.”
|
||||
@@ -0,0 +1,85 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1215"
|
||||
description: "Disciplinary action"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "12"
|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1215"
|
||||
citation: "5 U.S.C. § 1215"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
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|
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1215 - Disciplinary action
|
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## Text
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(a) (1) Except as provided in subsection (b), if the Special Counsel determines that disciplinary action should be taken against any employee for having—
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(A) committed a prohibited personnel practice,
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(B) violated the provisions of any law, rule, or regulation, or engaged in any other conduct within the jurisdiction of the Special Counsel as described in section 1216, or
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(C) knowingly and willfully refused or failed to comply with an order of the Merit Systems Protection Board,
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||||
the Special Counsel shall prepare a written complaint against the employee containing the Special Counsel’s determination, together with a statement of supporting facts, and present the complaint and statement to the employee and the Board, in accordance with this subsection.
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||||
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||||
(2) Any employee against whom a complaint has been presented to the Merit Systems Protection Board under paragraph (1) is entitled to—
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(A) a reasonable time to answer orally and in writing, and to furnish affidavits and other documentary evidence in support of the answer;
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(B) be represented by an attorney or other representative;
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(C) a hearing before the Board or an administrative law judge appointed under section 3105 and designated by the Board;
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(D) have a transcript kept of any hearing under subparagraph (C); and
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(E) a written decision and reasons therefor at the earliest practicable date, including a copy of any final order imposing disciplinary action.
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(3) (A) A final order of the Board may impose—
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(i) disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, or reprimand;
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(ii) an assessment of a civil penalty not to exceed $1,000; or
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(iii) any combination of disciplinary actions described under clause (i) and an assessment described under clause (ii).
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(B) In any case brought under paragraph (1) in which the Board finds that an employee has committed a prohibited personnel practice under section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D), the Board may impose disciplinary action if the Board finds that the activity protected under section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D) was a significant motivating factor, even if other factors also motivated the decision, for the employee’s decision to take, fail to take, or threaten to take or fail to take a personnel action, unless that employee demonstrates, by a preponderance of the evidence, that the employee would have taken, failed to take, or threatened to take or fail to take the same personnel action, in the absence of such protected activity.
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(4) There may be no administrative appeal from an order of the Board. An employee subject to a final order imposing disciplinary action under this subsection may obtain judicial review of the order by filing a petition therefor with such court, and within such time, as provided for under section 7703(b).
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(5) In the case of any State or local officer or employee under chapter 15, the Board shall consider the case in accordance with the provisions of such chapter.
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(b) In the case of an employee in a confidential, policy-making, policy-determining, or policy-advocating position appointed by the President, by and with the advice and consent of the Senate (other than an individual in the Foreign Service of the United States), the complaint and statement referred to in subsection (a)(1), together with any response of the employee, shall be presented to the President for appropriate action in lieu of being presented under subsection (a).
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(c) (1) In the case of members of the uniformed services and individuals employed by any person under contract with an agency to provide goods or services, the Special Counsel may transmit recommendations for disciplinary or other appropriate action (including the evidence on which such recommendations are based) to the head of the agency concerned.
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(2) In any case in which the Special Counsel transmits recommendations to an agency head under paragraph (1), the agency head shall, within 60 days after receiving such recommendations, transmit a report to the Special Counsel on each recommendation and the action taken, or proposed to be taken, with respect to each such recommendation.
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(Added Pub. L. 101–12, § 3(a)(13), Apr. 10, 1989, 103 Stat. 27; amended Pub. L. 112–199, title I, § 106, Nov. 27, 2012, 126 Stat. 1468.)
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## Notes
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Editorial Notes
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Amendments2012—Subsec. (a)(3). Pub. L. 112–199 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “A final order of the Board may impose disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000.”
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Statutory Notes and Related Subsidiaries
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||||
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–199 effective 30 days after Nov. 27, 2012, see section 202 of Pub. L. 112–199, set out as a note under section 1204 of this title.
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---
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---
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||||
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||||
# 5 U.S.C. § 1216 - Other matters within the jurisdiction of the Office of Special Counsel
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||||
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## Text
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(a) In addition to the authority otherwise provided in this chapter, the Special Counsel shall, except as provided in subsection (b), conduct an investigation of any allegation concerning—
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(1) political activity prohibited under subchapter III of chapter 73, relating to political activities by Federal employees;
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(2) political activity prohibited under chapter 15, relating to political activities by certain State and local officers and employees;
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(3) arbitrary or capricious withholding of information prohibited under section 552, except that the Special Counsel shall make no investigation of any withholding of foreign intelligence or counterintelligence information the disclosure of which is specifically prohibited by law or by Executive order;
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(4) activities prohibited by any civil service law, rule, or regulation, including any activity relating to political intrusion in personnel decisionmaking; and
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(5) involvement by any employee in any prohibited discrimination found by any court or appropriate administrative authority to have occurred in the course of any personnel action.
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(b) The Special Counsel shall make no investigation of any allegation of any prohibited activity referred to in subsection (a)(5), if the Special Counsel determines that the allegation may be resolved more appropriately under an administrative appeals procedure.
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(c) If the Special Counsel receives an allegation concerning any matter under paragraph (1), (3), (4), or (5) of subsection (a), the Special Counsel may investigate and seek corrective action under section 1214 and disciplinary action under section 1215 in the same way as if a prohibited personnel practice were involved.
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(Added Pub. L. 101–12, § 3(a)(13), Apr. 10, 1989, 103 Stat. 28; amended Pub. L. 103–94, § 3, Oct. 6, 1993, 107 Stat. 1004.)
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## Notes
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Editorial Notes
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||||
Amendments1993—Subsec. (c). Pub. L. 103–94 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “(1) If an investigation by the Special Counsel under subsection (a)(1) substantiates an allegation relating to any activity prohibited under section 7324, the Special Counsel may petition the Merit Systems Protection Board for any penalties provided for under section 7325. “(2) If the Special Counsel receives an allegation concerning any matter under paragraph (3), (4), or (5) of subsection (a), the Special Counsel may investigate and seek corrective action under section 1214 in the same way as if a prohibited personnel practice were involved.”
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||||
Statutory Notes and Related Subsidiaries
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||||
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||||
Effective Date of 1993 Amendment; Savings ProvisionAmendment by Pub. L. 103–94 effective 120 days after Oct. 6, 1993, but not to release or extinguish any penalty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of that penalty, forfeiture, or liability, and no provision of Pub. L. 103–94 to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103–94 had not been enacted, see section 12 of Pub. L. 103–94, set out as an Effective Date; Savings Provision note under section 7321 of this title.
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||||
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---
|
||||
|
||||
# 5 U.S.C. § 1217 - Transmittal of information to Congress
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||||
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||||
## Text
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||||
|
||||
(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.
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||||
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||||
(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.
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(2) Contents.— Any report required under paragraph (1) shall identify, with respect to an agreement described in that paragraph—
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(A) the agency that entered into the agreement;
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||||
(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;
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(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);
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(D) a description of the allegation described in subparagraph (B); and
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||||
(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).
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||||
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||||
(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.)
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||||
|
||||
## Notes
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||||
|
||||
Editorial Notes
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||||
|
||||
Amendments2017—Pub. L. 115–91 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
|
||||
@@ -0,0 +1,83 @@
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||||
---
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citation: "5 U.S.C. § 1218"
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---
|
||||
|
||||
# 5 U.S.C. § 1218 - Annual report
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||||
|
||||
## Text
|
||||
|
||||
The Special Counsel shall submit to Congress, on an annual basis, a report regarding the activities of the Special Counsel, which shall include, for the year preceding the submission of the report—
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||||
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||||
(1) the number, types, and disposition of allegations of prohibited personnel practices filed with the Special Counsel and the costs of resolving such allegations;
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||||
|
||||
(2) the number of investigations conducted by the Special Counsel;
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||||
|
||||
(3) the number of stays and disciplinary actions negotiated with agencies by the Special Counsel;
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||||
|
||||
(4) the number of subpoenas issued by the Special Counsel;
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||||
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||||
(5) the number of instances in which the Special Counsel reopened an investigation after the Special Counsel had made an initial determination with respect to the investigation;
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||||
|
||||
(6) the actions that resulted from reopening investigations, as described in paragraph (5);
|
||||
|
||||
(7) the number of instances in which the Special Counsel did not make a determination before the end of the 240-day period described in section 1214(b)(2)(A)(i) regarding whether there were reasonable grounds to believe that a prohibited personnel practice had occurred, existed, or was to be taken;
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||||
|
||||
(8) a description of the recommendations and reports made by the Special Counsel to other agencies under this subchapter and the actions taken by the agencies as a result of the recommendations or reports;
|
||||
|
||||
(9) the number of—
|
||||
|
||||
(A) actions initiated before the Merit Systems Protection Board, including the number of corrective action petitions and disciplinary action complaints initiated; and
|
||||
|
||||
(B) stays and extensions of stays obtained from the Merit Systems Protection Board;
|
||||
|
||||
(10) the number of prohibited personnel practice complaints that resulted in a favorable action for the complainant, other than a stay or an extension of a stay, organized by actions in—
|
||||
|
||||
(A) complaints dealing with reprisals against whistleblowers; and
|
||||
|
||||
(B) all other complaints;
|
||||
|
||||
(11) the number of prohibited personnel practice complaints that were resolved by an agreement between an agency and an individual, organized by agency and agency components in—
|
||||
|
||||
(A) complaints dealing with reprisals against whistleblowers; and
|
||||
|
||||
(B) all other complaints;
|
||||
|
||||
(12) the number of corrective actions that the Special Counsel required an agency to take after a finding by the Special Counsel of a prohibited personnel practice, as defined in section 2302(a)(1); and
|
||||
|
||||
(13) the results for the Office of Special Counsel of any employee viewpoint survey conducted by the Office of Personnel Management or any other agency.
|
||||
|
||||
(Added Pub. L. 101–12, § 3(a)(13), Apr. 10, 1989, 103 Stat. 29; amended Pub. L. 103–424, § 3(e), Oct. 29, 1994, 108 Stat. 4363; Pub. L. 115–91, div. A, title X, § 1097(h)(1), Dec. 12, 2017, 131 Stat. 1623.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Pub. L. 115–91 amended section generally. Prior to amendment, text read as follows: “The Special Counsel shall submit an annual report to the Congress on the activities of the Special Counsel, including the number, types, and disposition of allegations of prohibited personnel practices filed with it, investigations conducted by it, cases in which it did not make a determination whether there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken within the 240-day period specified in section 1214(b)(2)(A)(i), and actions initiated by it before the Merit Systems Protection Board, as well as a description of the recommendations and reports made by it to other agencies pursuant to this subchapter, and the actions taken by the agencies as a result of the reports or recommendations. The report required by this section shall include whatever recommendations for legislation or other action by Congress the Special Counsel may consider appropriate.” 1994—Pub. L. 103–424 inserted “cases in which it did not make a determination whether there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken within the 240-day period specified in section 1214(b)(2)(A)(i),” after “investigations conducted by it,”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 188 of House Document No. 103–7.
|
||||
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---
|
||||
|
||||
# 5 U.S.C. § 1219 - Public information
|
||||
|
||||
## Text
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—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;”.
|
||||
@@ -0,0 +1,101 @@
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---
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "12"
|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1221"
|
||||
citation: "5 U.S.C. § 1221"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1221"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "20c5947e78fb28957cde569c9f13f6e42f2aab86c63a94f2b3cb391fcb2411df"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "c04727d90eb212c1a76e225582bd15952574b58ed1f6346c28e6d9f2e9c7551f"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1221 - Individual right of action in certain reprisal cases
|
||||
|
||||
## Text
|
||||
|
||||
(a) Subject to the provisions of subsection (b) of this section and subsection 1214(a)(3), an employee, former employee, or applicant for employment may, with respect to any personnel action taken, or proposed to be taken, against such employee, former employee, or applicant for employment, as a result of a prohibited personnel practice described in section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D), seek corrective action from the Merit Systems Protection Board.
|
||||
|
||||
(b) This section may not be construed to prohibit any employee, former employee, or applicant for employment from seeking corrective action from the Merit Systems Protection Board before seeking corrective action from the Special Counsel, if such employee, former employee, or applicant for employment has the right to appeal directly to the Board under any law, rule, or regulation.
|
||||
|
||||
(c) (1) Any employee, former employee, or applicant for employment seeking corrective action under subsection (a) may request that the Board order a stay of the personnel action involved.
|
||||
|
||||
(2) Any stay requested under paragraph (1) shall be granted within 10 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date the request is made, if the Board determines that such a stay would be appropriate.
|
||||
|
||||
(3) (A) The Board shall allow any agency which would be subject to a stay under this subsection to comment to the Board on such stay request.
|
||||
|
||||
(B) Except as provided in subparagraph (C), a stay granted under this subsection shall remain in effect for such period as the Board determines to be appropriate.
|
||||
|
||||
(C) The Board may modify or dissolve a stay under this subsection at any time, if the Board determines that such a modification or dissolution is appropriate.
|
||||
|
||||
(d) (1) At the request of an employee, former employee, or applicant for employment seeking corrective action under subsection (a), the Board shall issue a subpoena for the attendance and testimony of any person or the production of documentary or other evidence from any person if the Board finds that the testimony or production requested is not unduly burdensome and appears reasonably calculated to lead to the discovery of admissible evidence.
|
||||
|
||||
(2) A subpoena under this subsection may be issued, and shall be enforced, in the same manner as applies in the case of subpoenas under section 1204.
|
||||
|
||||
(e) (1) Subject to the provisions of paragraph (2), in any case involving an alleged prohibited personnel practice as described under section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D), the Board shall order such corrective action as the Board considers appropriate if the employee, former employee, or applicant for employment has demonstrated that a disclosure or protected activity described under section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D) was a contributing factor in the personnel action which was taken or is to be taken against such employee, former employee, or applicant. The employee may demonstrate that the disclosure or protected activity was a contributing factor in the personnel action through circumstantial evidence, such as evidence that—
|
||||
|
||||
(A) the official taking the personnel action knew of the disclosure or protected activity; and
|
||||
|
||||
(B) the personnel action occurred within a period of time such that a reasonable person could conclude that the disclosure or protected activity was a contributing factor in the personnel action.
|
||||
|
||||
(2) Corrective action under paragraph (1) may not be ordered if, after a finding that a protected disclosure was a contributing factor, the agency demonstrates by clear and convincing evidence that it would have taken the same personnel action in the absence of such disclosure.
|
||||
|
||||
(f) (1) A final order or decision shall be rendered by the Board as soon as practicable after the commencement of any proceeding under this section.
|
||||
|
||||
(2) A decision to terminate an investigation under subchapter II may not be considered in any action or other proceeding under this section.
|
||||
|
||||
(3) If, based on evidence presented to it under this section, the Merit Systems Protection Board determines that there is reason to believe that a current employee may have committed a prohibited personnel practice, the Board shall refer the matter to the Special Counsel to investigate and take appropriate action under section 1215.
|
||||
|
||||
(g) (1) (A) If the Board orders corrective action under this section, such corrective action may include—
|
||||
|
||||
(i) that the individual be placed, as nearly as possible, in the position the individual would have been in had the prohibited personnel practice not occurred; and
|
||||
|
||||
(ii) back pay and related benefits, medical costs incurred, travel expenses, any other reasonable and foreseeable consequential damages, and compensatory damages (including interest, reasonable expert witness fees, and costs).
|
||||
|
||||
(B) Corrective action shall include attorney’s fees and costs as provided for under paragraphs (2) and (3).
|
||||
|
||||
(2) If an employee, former employee, or applicant for employment is the prevailing party before the Merit Systems Protection Board, and the decision is based on a finding of a prohibited personnel practice, the agency involved shall be liable to the employee, former employee, or applicant for reasonable attorney’s fees and any other reasonable costs incurred.
|
||||
|
||||
(3) If an employee, former emloyee,11 So in original. Probably should be “employee,”. or applicant for employment is the prevailing party in an appeal from the Merit Systems Protection Board, the agency involved shall be liable to the employee, former employee, or applicant for reasonable attorney’s fees and any other reasonable costs incurred, regardless of the basis of the decision.
|
||||
|
||||
(4) Any corrective action ordered under this section to correct a prohibited personnel practice may include fees, costs, or damages reasonably incurred due to an agency investigation of the employee, if such investigation was commenced, expanded, or extended in retaliation for the disclosure or protected activity that formed the basis of the corrective action.
|
||||
|
||||
(h) (1) An employee, former employee, or applicant for employment adversely affected or aggrieved by a final order or decision of the Board under this section may obtain judicial review of the order or decision.
|
||||
|
||||
(2) A petition for review under this subsection shall be filed with such court, and within such time, as provided for under section 7703(b).
|
||||
|
||||
(i) Subsections (a) through (h) shall apply in any proceeding brought under section 7513(d) if, or to the extent that, a prohibited personnel practice as defined in section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D) is alleged.
|
||||
|
||||
(j) In determining the appealability of any case involving an allegation made by an individual under the provisions of this chapter, neither the status of an individual under any retirement system established under a Federal statute nor any election made by such individual under any such system may be taken into account.
|
||||
|
||||
(k) If the Board grants a stay under subsection (c) and the employee who is the subject of the action is in probationary status, the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee.
|
||||
|
||||
(Added Pub. L. 101–12, § 3(a)(13), Apr. 10, 1989, 103 Stat. 29; amended Pub. L. 103–424, §§ 4, 8(b), Oct. 29, 1994, 108 Stat. 4363, 4365; Pub. L. 112–199, title I, §§ 101(b)(1)(A), (2)(A), 104(c)(2), 107(b), 114(b), Nov. 27, 2012, 126 Stat. 1465, 1468, 1469, 1472; Pub. L. 115–73, title I, § 102(b), Oct. 26, 2017, 131 Stat. 1236; Pub. L. 115–91, div. A, title X, § 1097(c)(3)(B), Dec. 12, 2017, 131 Stat. 1619.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (k). Pub. L. 115–91 added subsec. (k) and struck out former subsec. (k) which read as follows: “If the Merit Systems Protection Board grants a stay to an employee in probationary status under subsection (c), the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee.” Pub. L. 115–73 added subsec. (k). 2012—Subsec. (a). Pub. L. 112–199, § 101(b)(1)(A), inserted “or section 2302(b)(9)(A)(i), (B), (C), or (D)” after “section 2302(b)(8)”. Subsec. (e)(1). Pub. L. 112–199, § 101(b)(1)(A), (2)(A), inserted “or section 2302(b)(9)(A)(i), (B), (C), or (D)” after “section 2302(b)(8)” in two places and inserted “or protected activity” after “disclosure” wherever appearing. Subsec. (e)(2). Pub. L. 112–199, § 114(b), inserted “, after a finding that a protected disclosure was a contributing factor,” after “ordered if”. Subsec. (g)(1)(A)(ii). Pub. L. 112–199, § 107(b), substituted “any other reasonable and foreseeable consequential damages, and compensatory damages (including interest, reasonable expert witness fees, and costs).” for “and any other reasonable and foreseeable consequential changes.” Subsec. (g)(4). Pub. L. 112–199, § 104(c)(2), added par. (4). Subsec. (i). Pub. L. 112–199, § 101(b)(1)(A), inserted “or section 2302(b)(9)(A)(i), (B), (C), or (D)” after “section 2302(b)(8)”. 1994—Subsec. (d)(1). Pub. L. 103–424, § 4(a), added par. (1) and struck out former par. (1) which read as follows: “At the request of an employee, former employee, or applicant for employment seeking corrective action under subsection (a), the Board may issue a subpoena for the attendance and testimony of any person or the production of documentary or other evidence from any person if the Board finds that such subpoena is necessary for the development of relevant evidence.” Subsec. (e)(1). Pub. L. 103–424, § 4(b), which directed the amendment of section 1221(e)(1), without specifying the Code title to be amended, by inserting at end “The employee may demonstrate that the disclosure was a contributing factor in the personnel action through circumstantial evidence, such as evidence that— “(A) the official taking the personnel action knew of the disclosure; and “(B) the personnel action occurred within a period of time such that a reasonable person could conclude that the disclosure was a contributing factor in the personnel action.”, was executed to subsec. (e)(1) of this section to reflect the probable intent of Congress. Subsec. (f)(3). Pub. L. 103–424, § 4(c), added par. (3). Subsec. (g). Pub. L. 103–424, § 8(b), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–199 effective 30 days after Nov. 27, 2012, see section 202 of Pub. L. 112–199, set out as a note under section 1204 of this title.
|
||||
|
||||
Effective DateSubchapter effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as an Effective Date of 1989 Amendment note under section 1201 of this title.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1222"
|
||||
description: "Availability of other remedies"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "12"
|
||||
chapter_name: "MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION"
|
||||
section: "1222"
|
||||
citation: "5 U.S.C. § 1222"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1222"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "2b435813bf1303524ba5c608f86077b143bb68929fcd8cc001e4f58f028c229f"
|
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raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
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||||
text_hash: "145e65edf2273cb4535bb621f319372a36a423ad545878370efb49ca7aef71f7"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1222 - Availability of other remedies
|
||||
|
||||
## Text
|
||||
|
||||
Except as provided in section 1221(i), nothing in this chapter or chapter 23 shall be construed to limit any right or remedy available under a provision of statute which is outside of both this chapter and chapter 23.
|
||||
|
||||
(Added Pub. L. 101–12, § 3(a)(13), Apr. 10, 1989, 103 Stat. 31.)
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1301"
|
||||
description: "Rules"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "13"
|
||||
chapter_name: "SPECIAL AUTHORITY"
|
||||
section: "1301"
|
||||
citation: "5 U.S.C. § 1301"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1301"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "e4489cea216e083435ad01930ae45af27c42699468e2af81608ba442e5b6140f"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "a06dc8cd33e8379a0385cecee6ee677d21f6a78a9cb91a9894391ae970074f36"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1301 - Rules
|
||||
|
||||
## Text
|
||||
|
||||
The Office of Personnel Management shall aid the President, as he may request, in preparing the rules he prescribes under this title for the administration of the competitive service.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 633(1) (function of Civil Service Commission).Jan. 16, 1883, ch. 27, § 2(1) (function of Civil Service Commission), 22 Stat. 403. The authority of the President to prescribe rules is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of this title. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1302"
|
||||
description: "Regulations"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "13"
|
||||
chapter_name: "SPECIAL AUTHORITY"
|
||||
section: "1302"
|
||||
citation: "5 U.S.C. § 1302"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1302"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "c7f5aaf00de21b0301c3bd6aac93d12e45d169aad03c4755cea2611be32f2940"
|
||||
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|
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1302 - Regulations
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office of Personnel Management, subject to the rules prescribed by the President under this title for the administration of the competitive service, shall prescribe regulations for, control, supervise, and preserve the records of, examinations for the competitive service.
|
||||
|
||||
(b) The Office shall prescribe and enforce regulations for the administration of the provisions of this title, and Executive orders issued in furtherance thereof, that implement the Congressional policy that preference shall be given to preference eligibles in certification for appointment, and in appointment, reinstatement, reemployment, and retention, in the competitive service in Executive agencies, permanent or temporary, and in the government of the District of Columbia.
|
||||
|
||||
(c) The Office shall prescribe regulations for the administration of the provisions of this title that implement the Congressional policy that preference shall be given to preference eligibles in certification for appointment, and in appointment, reinstatement, reemployment, and retention, in the excepted service in Executive agencies, permanent or temporary, and in the government of the District of Columbia.
|
||||
|
||||
(d) The Office may prescribe reasonable procedure and regulations for the administration of its functions under chapter 15 of this title.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 633(2)7 (last 17 words), (3) (less last 10 words).Jan. 16, 1883, ch. 27, §§ 2(2)7 (last 17 words), (3) (less last 10 words), 22 Stat. 404. (b)5 U.S.C. 851 (1st 76 words), 868 (less proviso).June 27, 1944, ch. 287, §§ 2 (1st 76 words), 19, 58 Stat. 387, 391. (c)5 U.S.C. 851 (1st 76 words), 860.June 27, 1944, ch. 287, §§ 2 (1st 76 words), 11, 58 Stat. 387, 390. (d)5 U.S.C. 118k(d) (1st sentence).July 19, 1940, ch. 640 § 4 “Sec. 12(d) (1st sentence)”, 54 Stat. 769. Subsection (a) is based on former section 633(3) (less last 10 words). The regulation-making power conferred by that section covers the power conferred by former section 633(2)7 (last 17 words) which is, therefore, omitted. The requirement of notice is preserved in section 3304. The words “through its members or the examiners” are omitted as unnecessary in view of section 1104. The authority of the President to prescribe rules, based on former section 633(1) is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of this title. In subsections (b)–(d), the word “rules” is omitted as included in “regulations”. The provisions of the Veterans’ Preference Act of 1944 (former sections 851–869) to which the regulation-making authority of subsections (b) and (c) apply are carried into sections 2108, 3305(b), 3306(a)(2), 3308–3320, 3351, 3363, 3364, and 7701, subchapter I of chapter 35, and subchapter II of chapter 75 of this title. The first 76 words of former section 851 are added here to preserve the general statement of policy in the light of which the substantive provisions that formerly comprised the Veterans’ Preference Act of 1944 are to be interpreted. See Elder v. Brannan, 241 U.S. 277, 286. In subsection (b), the words “in the competitive service in Executive agencies, permanent or temporary, and in the government of the District of Columbia”, and in subsection (c) the words “in the excepted service in Executive agencies, permanent or temporary, and in the government of the District of Columbia” are coextensive with and substituted for “in civilian positions in all establishments, agencies, bureaus, administrations, projects, and departments of the Government, permanent or temporary, and in either (a) the classified civil service; (b) the unclassified civil service; (c) any temporary or emergency establishment, agency, bureau, administration, project, and department created by Acts of Congress or Presidential Executive order”, in view of the exclusion of positions in the legislative and judicial branches by former section 869. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Subsecs. (a) to (d). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Executive Order No. 10561 Ex. Ord. No. 10561, Sept. 13, 1954, 19 F.R. 5963, which related to official personnel folders, was revoked by section 2–201 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out as a note under section 1101 of this title.
|
||||
|
||||
Executive Order No. 11397 Ex. Ord. No. 11397, Feb. 9, 1968, 33 F.R. 2833, formerly set out as a note under this section, which related to transitional appointments of veterans who served during the Vietnam Era, was revoked by Ex. Ord. No. 11521, Mar. 26, 1970, 35 F.R. 5311, set out as a note under section 3302 of this title.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1303"
|
||||
description: "Investigations; reports"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "13"
|
||||
chapter_name: "SPECIAL AUTHORITY"
|
||||
section: "1303"
|
||||
citation: "5 U.S.C. § 1303"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1303"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "f2f3096f70e996184a18a1700b4110399c27fa6156eeb45ef3bb02f08320555e"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "732a29b6df5dd3927c98a40d55b9b91f5e27108dd7eefbb0b9a3b19bea89a503"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1303 - Investigations; reports
|
||||
|
||||
## Text
|
||||
|
||||
The Office of Personnel Management, Merit Systems Protection Board, and Special Counsel may investigate and report on matters concerning—
|
||||
|
||||
(1) the enforcement and effect of the rules prescribed by the President under this title for the administration of the competitive service and the regulations prescribed by the Office of Personnel Management under section 1302(a) of this title; and
|
||||
|
||||
(2) the action of an examiner, a board of examiners, and other employees concerning the execution of the provisions of this title that relate to the administration of the competitive service.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95–454, title IX, § 906(a)(4), (11), Oct. 13, 1978, 92 Stat. 1225.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 633(4).Jan. 16, 1883, ch. 27, § 2(4), 22 Stat. 404. The authority of the President to prescribe rules is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of this title. In paragraph (2), the words “in respect to the execution of this act” are changed to “concerning the execution of the provisions of this title that relate to the administration of the competitive service” to avoid having to refer in the text to the sections of this title into which the Civil Service Act, the act referred to, is codified. These sections are: 1101, 1102, 1105, 1302(a), 1303, 1307, 1308(a)(1), 2102, 2951, 3302, 3303, 3304(a), (d), 3305(a), 3306, 3318(a), 3319(a), 3321, 7152, 7153, 7321, 7322, and 7352. The words “the provisions of this title that relate to the administration of the competitive service” will include some of the sections derived from the Veterans’ Preference Act of 1944 (former sections 851–869). They are based in part on former section 860 (codified in § 1302(c)). The authorization in that section to make and enforce regulations for the competitive service would include the authority to investigate and report. The words “and other employees” are substituted for “and its own subordinates, and those in the public service” in view of the definition of “employee” in section 2105. Standard changes are made to conform with the definition applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted in opening par. “Office of Personnel Management, Merit Systems Protection Board, and Special Counsel” for “Civil Service Commission” and in par. (1) “Office of Personnel Management” for “Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,97 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1304"
|
||||
description: "Loyalty investigations; reports; revolving fund"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "13"
|
||||
chapter_name: "SPECIAL AUTHORITY"
|
||||
section: "1304"
|
||||
citation: "5 U.S.C. § 1304"
|
||||
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|
||||
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|
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1304 - Loyalty investigations; reports; revolving fund
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office of Personnel Management shall conduct the investigations and issue the reports required by the following statutes—
|
||||
|
||||
(1) sections 272b, 281b(e), and 290a of title 22;
|
||||
|
||||
(2) section 1874(c) of title 42; and
|
||||
|
||||
(3) section 1203(e) of title 6, District of Columbia Code.
|
||||
|
||||
(b) When an investigation under subsection (a) of this section develops data indicating that the loyalty of the individual being investigated is questionable, the Office shall refer the matter to the Federal Bureau of Investigation for a full field investigation, a report of which shall be furnished to the Office for its information and appropriate action.
|
||||
|
||||
(c) When the President considers it in the national interest, he may have the investigations of a group or class, which are required by subsection (a) of this section, made by the Federal Bureau of Investigation rather than the Office.
|
||||
|
||||
(d) The investigation and report required by subsection (a) of this section shall be made by the Federal Bureau of Investigation rather than the Office for those specific positions which the Secretary of State certifies are of a high degree of importance or sensitivity.
|
||||
|
||||
(e) (1) A revolving fund is available, to the Office without fiscal year limitation, for financing investigations, training, and such other functions as the Office is authorized or required to perform on a reimbursable basis, including personnel management services performed at the request of individual agencies (which would otherwise be the responsibility of such agencies), or at the request of nonappropriated fund instrumentalities, and for the cost of audits, investigations, and oversight activities, conducted by the Inspector General of the Office, of the fund and the activities financed by the fund. However, the functions which may be financed in any fiscal year by the fund are restricted to those functions which are covered by the budget estimates submitted to the Congress for that fiscal year. To the maximum extent feasible, each individual activity shall be conducted generally on an actual cost basis over a reasonable period of time.
|
||||
|
||||
(2) The capital of the fund consists of the aggregate of—
|
||||
|
||||
(A) appropriations made to provide capital for the fund, which appropriations are hereby authorized, and
|
||||
|
||||
(B) the sum of the fair and reasonable value of such supplies, equipment, and other assets as the Office from time to time transfers to the fund (including the amount of the unexpended balances of appropriations or funds relating to activities the financing of which is transferred to the fund) less the amount of related liabilities, the amount of unpaid obligations, and the value of accrued annual leave of employees, which are attributable to the activities the financing of which is transferred to the fund.
|
||||
|
||||
(3) The fund shall be credited with—
|
||||
|
||||
(A) advances and reimbursements from available funds of the Office or other agencies, or from other sources, for those services and supplies provided at rates estimated by the Office as adequate to recover expenses of operation (including provision for accrued annual leave of employees and depreciation of equipment); and
|
||||
|
||||
(B) receipts from sales or exchanges of property, and payments for loss of or damage to property, accounted for under the fund.
|
||||
|
||||
(4) Any unobligated and unexpended balances in the fund which the Office determines to be in excess of amounts needed for activities financed by the fund shall be deposited in the Treasury of the United States as miscellaneous receipts.
|
||||
|
||||
(5) (A) The Office shall prepare a business-type budget providing full disclosure of the results of operations for each of the functions performed by the Office and financed by the fund, and such budget shall be transmitted to the Congress and considered, in the manner prescribed by law for wholly owned Government corporations.
|
||||
|
||||
(B) Such budget shall include an estimate from the Inspector General of the Office of the amount required to pay the expenses to audit, investigate, and provide other oversight activities with respect to the fund and the activities financed by the fund.
|
||||
|
||||
(C) The amount requested by the Inspector General under subparagraph (B) shall not exceed .33 percent of the total budgetary authority requested by the Office under subparagraph (A).
|
||||
|
||||
(6) The Comptroller General of the United States shall, as a result of his periodic reviews of the activities financed by the fund, report and make such recommendations as he deems appropriate to the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives.
|
||||
|
||||
(f) An agency may use available appropriations to reimburse the Office or the Federal Bureau of Investigation for the cost of investigations, training, and functions performed for them under this section, or to make advances toward their cost. These advances and reimbursements shall be credited directly to the applicable appropriations of the Office or the Federal Bureau of Investigation.
|
||||
|
||||
(g) This section does not affect the responsibility of the Federal Bureau of Investigation to investigate espionage, sabotage, or subversive acts.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 91–189, § 1, Dec. 30, 1969, 83 Stat. 851; Pub. L. 91–648, title V, § 510, Jan. 5, 1971, 84 Stat. 1928; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–60, title II, § 203(a)(2), Aug. 15, 1979, 93 Stat. 398; Pub. L. 97–412, § 1(a), Jan. 3, 1983, 96 Stat. 2047; Pub. L. 98–224, § 5(b)(1), Mar. 2, 1984, 98 Stat. 48; Pub. L. 103–437, § 3(a), Nov. 2, 1994, 108 Stat. 4581; Pub. L. 104–66, title II, § 2182, Dec. 21, 1995, 109 Stat. 732; Pub. L. 104–208, div. A, title I, § 101(f) [title IV, § 421], Sept. 30, 1996, 110 Stat. 3009–314, 3009–343; Pub. L. 113–80, § 2, Feb. 12, 2014, 128 Stat. 1006.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (b)–(d)5 U.S.C. 655.Apr. 5, 1952, ch. 159, § 1 (provisos), 66 Stat. 44.July 31, 1953, ch. 283, § 9, 67 Stat. 241. (e)5 U.S.C. 657.June 5, 1952, ch. 369, § 701 (par. under “Civil Service Commission”), 66 Stat. 107. (f)[Uncodified].Apr. 5, 1952, ch. 159, § 4, 66 Stat. 44. (g)5 U.S.C. 656.Apr. 5, 1952, ch. 159, § 3, 66 Stat. 44. Subsection (a) is based on section 1 of the Act of April 5, 1952, as amended, and is added for clarity. In subsection (a), the reference to section 10(b)(5)(B)(i) and (B)(ii) of the Act of August 1, 1946 (60 Stat. 766) is omitted because of the amendment of the Act of April 5, 1952, by the Act of July 31, 1953, ch. 283, 67 Stat. 240, and the reenactment of the provisions of the Act of April 5, 1952, insofar as they relate to the Atomic Energy Commission as section 145 of the Atomic Energy Act of 1954 (68 Stat. 942; 42 U.S.C. 2165). The references to section 1(2) of the Act of May 22, 1947 (61 Stat. 125), section 1 of the joint resolution of May 21, 1947 (61 Stat. 125), and section 110(c) of the Act of April 3, 1948 (62 Stat. 137) are omitted as these Acts were repealed by the Act of Aug. 26, 1954, ch. 937 § 542(a) (1), (2), and (4), 68 Stat. 861. Reference to section 510 of the Mutual Security Act of 1951 (65 Stat. 381) is omitted because this section was replaced by section 531 of the Mutual Security Act of 1954 (68 Stat. 859) and the latter was repealed by the Act of Sept. 4, 1961, Pub. L. 87–195, § 642(2), 75 Stat. 460. In subsection (d), the references to section 10(b)(5)(B)(i) and (ii) of the Atomic Energy Act of 1946, section 510 of the Mutual Security Act of 1951, a majority of the members of the Atomic Energy Commission, and the Director of Mutual Security (which was changed to Director of the International Cooperation Administration on authority of section 8 of 1953 Reorg. Plan No. 7, 67 Stat. 641, and Executive Order 10610 of May 9, 1955) are omitted because of the disposition of the two sections as explained with reference to subsection (a). In subsection (e), the words “There is established” are omitted as executed. In subsection (g), the reference to statutes other than this section is omitted because nothing in those statutes affect the responsibility in question. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 1874(c) of title 42, referred to in subsec. (a)(2), which related to clearance of National Science Foundation personnel, was repealed by Pub. L. 96–516, § 21(b)(1), Dec. 12, 1980, 94 Stat. 3010.
|
||||
|
||||
Amendments2014—Subsec. (e)(1). Pub. L. 113–80, § 2(1), inserted “, and for the cost of audits, investigations, and oversight activities, conducted by the Inspector General of the Office, of the fund and the activities financed by the fund” before period at end of first sentence. Subsec. (e)(5). Pub. L. 113–80, § 2(2), designated existing provisions as subpar. (A) and added subpars. (B) and (C). 1996—Subsec. (e)(1). Pub. L. 104–208 inserted “, including personnel management services performed at the request of individual agencies (which would otherwise be the responsibility of such agencies), or at the request of nonappropriated fund instrumentalities” before period at end of first sentence. 1995—Subsec. (e)(6). Pub. L. 104–66 struck out before period at end “at least once every three years”. 1994—Subsec. (e)(6). Pub. L. 103–437 substituted “Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House” for “Committees on Post Office and Civil Service of the Senate and House”. 1984—Subsec. (e)(1). Pub. L. 98–224 struck out cl. (i) designation and struck out cl. (ii) which provided that participation fees imposed by the President’s Commission on Executive Exchange for private sector participation in its Executive Exchange Program be collected and credited to the fund, and be available for the costs of education and related travel of exchanged executives, for printing without regard to section 501 of title 44, and, in such amounts as specified in appropriations Acts, for entertainment expenses. See section 4109(d) of this title. 1983—Subsec. (e)(1). Pub. L. 97–412 designated existing provisions as cl. (i) and added cl. (ii). 1979—Subsec. (a)(1). Pub. L. 96–60 struck out reference to section 1434 of title 22. 1978—Subsecs. (a) to (f). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing. 1971—Subsec. (e). Pub. L. 91–648 struck out in par. (1) “of $4,000,000” after “revolving fund” and inserted in par. (2)(A) “, which appropriations are hereby authorized”. 1969—Subsec. (e). Pub. L. 91–189, § 1(a), increased the scope of reimbursable services for which the fund may be used, restricted reimbursement to services which were included in the budget estimates submitted to Congress for that fiscal year, inserted a list of components which comprise the fund, specifically listed those items that would be credited directly to the capital fund, required that a budget be prepared by the Commission, and directed the Comptroller General as a result of the activities financed to make recommendations to the committees on Post Office and Civil Service of the Senate and House of Representatives at least once every three years. Subsec. (f). Pub. L. 91–189, § 1(b), authorized an agency to use available appropriations to reimburse the Commission or the Federal Bureau of Investigation for the cost of training and functions performed.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name 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.
|
||||
|
||||
Effective Date of 1983 AmendmentPub. L. 97–412, § 1(b), Jan. 3, 1983, 96 Stat. 2047, provided that: “The authority granted in subsection (a) [amending this section] shall terminate on December 31, 1983.”
|
||||
|
||||
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–60 effective Oct. 1, 1979, see section 209 of Pub. L. 96–60, set out as a note under section 1471 of Title 22, Foreign Relations and Intercourse.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
|
||||
Abolition of House Committee on Post Office and Civil Service Committee on Post Office and Civil Service of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on Post Office and Civil Service treated as referring to Committee on Government Reform and Oversight, see section 1(b) of Pub. L. 104–14, set out as a note preceding 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. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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||||
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|
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1305 - Administrative law judges
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of sections 3105, 3344, 4301(2)(D), and 5372 of this title and the provisions of section 5335(a)(B) of this title that relate to administrative law judges, the Office of Personnel Management may, and for the purpose of section 7521 of this title, the Merit Systems Protection Board may investigate, prescribe regulations, appoint advisory committees as necessary, recommend legislation, subpena witnesses and records, and pay witness fees as established for the courts of the United States.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 402; Pub. L. 90–83, § 1(3), Sept. 11, 1967, 81 Stat. 196; Pub. L. 95–251, § 2(a)(1), (b)(1), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–454, title VIII, § 801(a)(3)(B)(iii), title IX, § 906(a)(12), Oct. 13, 1978, 92 Stat. 1221, 1225; Pub. L. 102–378, § 2(4), Oct. 2, 1992, 106 Stat. 1346; Pub. L. 105–362, title XIII, § 1302(a), Nov. 10, 1998, 112 Stat. 3293.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1010 (5th sentence).June 11, 1946, ch. 324, § 11 (5th sentence), 60 Stat. 244. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
1967 ActThis section amends 5 U.S.C. 1305 to correct a typographical error.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1998—Pub. L. 105–362 struck out “require reports by agencies, issue reports, including an annual report to Congress,” after “may investigate,”. 1992—Pub. L. 102–378 substituted “sections 3105” for “section 3105”. 1978—Pub. L. 95–454 substituted provisions respecting functions pursuant to specified sections of this title of the Office of Personnel Management and the Merit Systems Protection Board for provisions respecting the functions pursuant to specified sections of this title of the Civil Service Commission. Pub. L. 95–251 substituted “Administrative law judges” for “Hearing examiners” in section catchline and “administrative law judges” for “hearing examiners” in text.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by section 801(a)(3)(B)(iii) of Pub. L. 95–454 substituting “5372” for “5362” effective on first day of first applicable pay period beginning on or after the 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of this title. Amendment by section 906(a)(12) of Pub. L. 95–454 respecting functions of the Office and the Board 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.
|
||||
|
||||
Effective Date of 1967 AmendmentAmendment by Pub. L. 90–83 effective as of Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title.
|
||||
|
||||
Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, excluding committees composed wholly of full-time officers or employees of the Federal Government, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of this title.
|
||||
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|
||||
---
|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 1306"
|
||||
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|
||||
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|
||||
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|
||||
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|
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tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1306 - Oaths to witnesses
|
||||
|
||||
## Text
|
||||
|
||||
The Director of the Office of Personnel Management and authorized representatives of the Director may administer oaths to witnesses in matters pending before the Office.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 402; Pub. L. 95–454, title IX, § 906(a)(13), Oct. 13, 1978, 92 Stat. 1226.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 634.Aug. 23, 1912, ch. 350, § 1 (last par. under “Civil Service Commission”), 37 Stat. 372. [Uncodified].1949 Reorg. Plan No. 5, § 2(c), eff. Aug. 19, 1949, 63 Stat. 1069. The section is rewritten to reflect expansion of authority of the Commission to include its Chairman under section 2(c) of 1949 Reorg. Plan No. 5. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted provisions respecting powers of the Director of the Office of Personnel Management in administering oaths in matters before the Office for provisions respecting powers of the Chairman of the Civil Service Commission and each Commissioner in administering oaths in matters before the Commission.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1307"
|
||||
description: "Minutes"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "13"
|
||||
chapter_name: "SPECIAL AUTHORITY"
|
||||
section: "1307"
|
||||
citation: "5 U.S.C. § 1307"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1307 - Minutes
|
||||
|
||||
## Text
|
||||
|
||||
The Civil Service Commission shall keep minutes of its proceedings.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 402.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 633(3) (last 10 words).Jan. 16, 1883, ch. 27, § 2(3) (last 10 words), 22 Stat. 404. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Transfer of Functions Functions vested by statute in United States Civil Service Commission transferred to Director of Office of Personnel Management (except as otherwise specified) by Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of this title, effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of this title.
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1308"
|
||||
description: "Repealed. Pub. L. 105–362, title XIII, § 1302(b)(1), Nov. 10, 1998, 112 Stat. 3293]"
|
||||
jurisdiction: "us"
|
||||
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|
||||
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|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "13"
|
||||
chapter_name: "SPECIAL AUTHORITY"
|
||||
section: "1308"
|
||||
citation: "5 U.S.C. § 1308"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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||||
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1308 - Repealed. Pub. L. 105–362, title XIII, § 1302(b)(1), Nov. 10, 1998, 112 Stat. 3293]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 402; Pub. L. 91–93, title I, § 104, Oct. 20, 1969, 83 Stat. 138; Pub. L. 93–156, Nov. 21, 1973, 87 Stat. 623; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(3), Aug. 14, 1979, 93 Stat. 381; Pub. L. 96–470, title I, § 121, Oct. 19, 1980, 94 Stat. 2241, required annual reports on operation of subchapter III of chapter 83 of this title and chapters 87 and 89 of this title.
|
||||
@@ -0,0 +1,165 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13101"
|
||||
description: "Definitions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13101"
|
||||
citation: "5 U.S.C. § 13101"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13101"
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13101 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
In this subchapter:
|
||||
|
||||
(1) Congressional ethics committees.— The term “congressional ethics committees” means the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives.
|
||||
|
||||
(2) Dependent child.— The term “dependent child” means, when used with respect to any reporting individual, any individual who is a son, daughter, stepson, or stepdaughter and who—
|
||||
|
||||
(A) is unmarried and under age 21 and is living in the household of such reporting individual; or
|
||||
|
||||
(B) is a dependent of such reporting individual within the meaning of section 152 of the Internal Revenue Code of 1986 (26 U.S.C. 152).
|
||||
|
||||
(3) Designated agency ethics official.— The term “designated agency ethics official” means an officer or employee who is designated to administer the provisions of this subchapter within an agency.
|
||||
|
||||
(4) Executive branch.— The term “executive branch” includes each Executive agency (as defined in section 105 of this title), other than the Government Accountability Office, and any other entity or administrative unit in the executive branch.
|
||||
|
||||
(5) Gift.— The term “gift” means a payment, advance, forbearance, rendering, or deposit of money, or any thing of value, unless consideration of equal or greater value is received by the donor, but does not include—
|
||||
|
||||
(A) bequest and other forms of inheritance;
|
||||
|
||||
(B) suitable mementos of a function honoring the reporting individual;
|
||||
|
||||
(C) food, lodging, transportation, and entertainment provided by a foreign government within a foreign country or by the United States Government, the District of Columbia, or a State or local government or political subdivision thereof;
|
||||
|
||||
(D) food and beverages which are not consumed in connection with a gift of overnight lodging;
|
||||
|
||||
(E) communications to the offices of a reporting individual, including subscriptions to newspapers and periodicals; or
|
||||
|
||||
(F) consumable products provided by home-State businesses to the offices of a reporting individual who is an elected official, if those products are intended for consumption by persons other than such reporting individual.
|
||||
|
||||
(6) Honoraria.— The term “honoraria” means the plural of “honorarium” as defined in section 13141 of this title.
|
||||
|
||||
(7) Income.— The term “income” means all income from whatever source derived, including but not limited to the following items: compensation for services, including fees, commissions, and similar items; gross income derived from business (and net income if the individual elects to include it); gains derived from dealings in property; interest; rents; royalties; dividends; annuities; income from life insurance and endowment contracts; pensions; income from discharge of indebtedness; distributive share of partnership income; and income from an interest in an estate or trust.
|
||||
|
||||
(8) Judicial conference.— The term “Judicial Conference” means the Judicial Conference of the United States.
|
||||
|
||||
(9) Judicial employee.— The term “judicial employee” means any employee of the judicial branch of the Government, of the United States Sentencing Commission, of the Tax Court, of the Court of Federal Claims, of the Court of Appeals for Veterans Claims, or of the United States Court of Appeals for the Armed Forces, who is not a judicial officer and who is authorized to perform adjudicatory functions with respect to proceedings in the judicial branch, or who occupies a position 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.
|
||||
|
||||
(10) Judicial officer.— The term “judicial officer” means the Chief Justice of the United States, the Associate Justices of the Supreme Court, and the judges of the United States courts of appeals, United States district courts, including the district courts in Guam, the Northern Mariana Islands, and the Virgin Islands, Court of Appeals for the Federal Circuit, Court of International Trade, Tax Court, Court of Federal Claims, Court of Appeals for Veterans Claims, United States Court of Appeals for the Armed Forces, and any court created by Act of Congress, the judges of which are entitled to hold office during good behavior.
|
||||
|
||||
(11) Legislative branch.— The term “legislative branch” includes—
|
||||
|
||||
(A) the Architect of the Capitol;
|
||||
|
||||
(B) the Botanic Gardens;
|
||||
|
||||
(C) the Congressional Budget Office;
|
||||
|
||||
(D) the Government Accountability Office;
|
||||
|
||||
(E) the Government Publishing Office;
|
||||
|
||||
(F) the Library of Congress;
|
||||
|
||||
(G) the United States Capitol Police;
|
||||
|
||||
(H) the Office of Technology Assessment; and
|
||||
|
||||
(I) any other agency, entity, office, or commission established in the legislative branch.
|
||||
|
||||
(12) Member of congress.— The term “Member of Congress” means a United States Senator, a Representative in Congress, a Delegate to Congress, or the Resident Commissioner from Puerto Rico.
|
||||
|
||||
(13) Officer or employee of congress.— The term “officer or employee of Congress” means an individual described in subparagraph (A), (B), or (C), other than a Member of Congress or the Vice President, whose compensation is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives. The individuals described in subparagraphs (A), (B), and (C) are—
|
||||
|
||||
(A) each officer or employee of the legislative branch (except any officer or employee of the Government Accountability Office) who, for at least 60 days, occupies a position 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;
|
||||
|
||||
(B) each officer or employee of the Government Accountability Office who, for at least 60 consecutive days, occupies a position for which the rate of basic pay, minus the amount of locality pay that would have been authorized under section 5304 of this title (had the officer or employee been paid under the General Schedule) for the locality within which the position of such officer or employee is located (as determined by the Comptroller General), is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and
|
||||
|
||||
(C) at least one principal assistant designated for purposes of this paragraph by each Member who does not have an employee who occupies a position 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.
|
||||
|
||||
(14) Personal hospitality of any individual.— The term “personal hospitality of any individual” means hospitality extended for a nonbusiness purpose by an individual, not a corporation or organization, at the personal residence of that individual or the individual’s family or on property or facilities owned by that individual or the individual’s family.
|
||||
|
||||
(15) Reimbursement.— The term “reimbursement” means any payment or other thing of value received by the reporting individual, other than gifts, to cover travel-related expenses of such individual other than those which are—
|
||||
|
||||
(A) provided by the United States Government, the District of Columbia, or a State or local government or political subdivision thereof;
|
||||
|
||||
(B) required to be reported by the reporting individual under section 7342 of this title; or
|
||||
|
||||
(C) required to be reported under section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104).
|
||||
|
||||
(16) Relative.— The term “relative” means an individual who is related to the reporting individual, as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, or who is the grandfather or grandmother of the spouse of the reporting individual, and shall be deemed to include the fiance or fiancee of the reporting individual.
|
||||
|
||||
(17) Secretary concerned.— The term “Secretary concerned” has the meaning set forth in section 101(a) of title 10, and, in addition, means—
|
||||
|
||||
(A) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration;
|
||||
|
||||
(B) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service; and
|
||||
|
||||
(C) the Secretary of State, with respect to matters concerning the Foreign Service.
|
||||
|
||||
(18) Supervising ethics office.— The term “supervising ethics office” means—
|
||||
|
||||
(A) the Select Committee on Ethics of the Senate, for Senators, officers and employees of the Senate, and other officers or employees of the legislative branch required to file financial disclosure reports with the Secretary of the Senate pursuant to section 13105(h) of this title;
|
||||
|
||||
(B) the Committee on Ethics of the House of Representatives, for Members, officers and employees of the House of Representatives and other officers or employees of the legislative branch required to file financial disclosure reports with the Clerk of the House of Representatives pursuant to section 13105(h) of this title;
|
||||
|
||||
(C) the Judicial Conference for judicial officers and judicial employees; and
|
||||
|
||||
(D) the Office of Government Ethics for all executive branch officers and employees.
|
||||
|
||||
(19) Value.— The term “value” means a good faith estimate of the dollar value if the exact value is neither known nor easily obtainable by the reporting individual.
|
||||
|
||||
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4266.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131015 U.S.C. App. (EGA § 109)Pub. L. 95–521, title I, § 109, Oct. 26, 1978, 92 Stat. 1836; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1741; Pub. L. 101–280, § 3(1), (8), May 4, 1990, 104 Stat. 152, 155; Pub. L. 102–378, § 4(a)(2), Oct. 2, 1992, 106 Stat. 1357; Pub. L. 102–572, title IX, § 902(b)(2), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103–160, div. A, title XI, § 1182(d)(3), Nov. 30, 1993, 107 Stat. 1773; Pub. L. 103–337, div. A, title IX, § 924(d)(3), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 104–186, title II, § 216(2), Aug. 20, 1996, 110 Stat. 1747; Pub. L. 105–368, title V, § 512(b)(1)(D), Nov. 11, 1998, 112 Stat. 3342; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–323, § 7, Sept. 22, 2008, 122 Stat. 3547; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537. In paragraphs (1) and (18)(B), 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, Jan. 5, 2011. In paragraph (6), the words “The term ‘honoraria’ means the plural of ‘honorarium’ as defined in section 13141 of this title” are substituted for “the term ‘honoraria’ has the meaning given such term in section 505 of this Act” for clarity. In the source law, the plural form “honoraria” is defined in section 109 of the Ethics in Government Act of 1978, but the singular form “honorarium” is defined in section 505 of the Act.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe General Schedule, referred to in pars. (9) and (13), is set out under section 5332 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Short Title of 2022 AmendmentPub. L. 117–125, § 1, May 13, 2022, 136 Stat. 1205, provided that: “This Act [see Tables for classification] may be cited as the ‘Courthouse Ethics and Transparency Act’.”
|
||||
|
||||
Short Title of 2012 ActPub. L. 112–105, § 1, Apr. 4, 2012, 126 Stat. 291, as amended by Pub. L. 115–277, § 1(a), Nov. 3, 2018, 132 Stat. 4167, provided that: “This Act [see Tables for classification] may be cited as the ‘Representative Louise McIntosh Slaughter Stop Trading on Congressional Knowledge Act’ or the ‘STOCK Act’.”
|
||||
|
||||
Short Title of 2007 ActPub. L. 110–24, § 1, May 3, 2007, 121 Stat. 100, provided that: “This Act [see Tables for classification] may be cited as the ‘Judicial Disclosure Responsibility Act’.”
|
||||
|
||||
Short Title of 2002 ActPub. L. 107–119, § 1, Jan. 15, 2002, 115 Stat. 2382, provided that: “This Act [see Tables for classification] may be cited as the ‘Office of Government Ethics Authorization Act of 2001’.”
|
||||
|
||||
Short Title of 1996 ActPub. L. 104–179, § 1, Aug. 6, 1996, 110 Stat. 1566, provided that: “This Act [see Tables for classification] may be cited as the ‘Office of Government Ethics Authorization Act of 1996’.”
|
||||
|
||||
Short Title of 1992 ActPub. L. 102–506, § 1, Oct. 24, 1992, 106 Stat. 3280, provided that: “This Act [see Tables for classification] may be cited as the ‘Office of Government Ethics Amendment of 1992’.”
|
||||
|
||||
Short Title of 1990 ActPub. L. 101–334, § 1, July 16, 1990, 104 Stat. 318, provided that: “This Act [see Tables for classification] may be cited as the ‘Ethics in Government Act Amendment of 1990’.”
|
||||
|
||||
Short Title of 1989 ActPub. L. 101–194, § 1, Nov. 30, 1989, 103 Stat. 1716, provided that: “This Act [see Tables for classification] may be cited as the ‘Ethics Reform Act of 1989’.”
|
||||
|
||||
Short Title of 1978 ActPub. L. 95–521, § 1, Oct. 26, 1978, 92 Stat. 1824, provided: “That this Act [see Tables for classification] may be cited as the ‘Ethics in Government Act of 1978’.”
|
||||
|
||||
Rulemaking Power of CongressPub. L. 102–90, title III, § 314(f), Aug. 14, 1991, 105 Stat. 470, provided that: “The provisions of this section [see Tables for classification] that are applicable to Members, officers, or employees of the legislative branch are enacted by the Congress— “(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and “(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.” Pub. L. 101–194, title X, § 1001, Nov. 30, 1989, 103 Stat. 1781, provided that: “The provisions of this Act [see Tables for classification] that are applicable to Members, officers, or employees of the legislative branch are enacted by the Congress— “(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and “(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.”
|
||||
|
||||
Definitions Pub. L. 112–105, § 2, Apr. 4, 2012, 126 Stat. 291, as amended by Pub. L. 117–286, § 4(c)(11), Dec. 27, 2022, 136 Stat. 4354, provided that: “In this Act [see Tables for classification]: “(1) Member of congress.—The term ‘Member of Congress’ means a member of the Senate or House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. “(2) Employee of congress.—The term ‘employee of Congress’ means—“(A) any individual (other than a Member of Congress), whose compensation is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives; and “(B) any other officer or employee of the legislative branch (as defined in section 13101(11) of title 5, United States Code). “(3) Executive branch employee.—The term ‘executive branch employee’—“(A) has the meaning given the term ‘employee’ under section 2105 of title 5, United States Code; and “(B) includes—“(i) the President; “(ii) the Vice President; and “(iii) an employee of the United States Postal Service or the Postal Regulatory Commission. “(4) Judicial officer.—The term ‘judicial officer’ has the meaning given that term under section 13101(10) of title 5, United States Code. “(5) Judicial employee.—The term ‘judicial employee’ has the meaning given that term in section 13101(9) of title 5, United States Code. “(6) Supervising ethics office.—The term ‘supervising ethics office’ has the meaning given that term in section 13101(18) of title 5, United States Code.” [Pub. L. 117–286, § 4(c)(11), which directed amendment of section 2 of the “Stop Trading on Congressional Knowledge Act of 2012 (Public Law 112–105, 126 Stat. 291, 5 U.S.C. App. 101 note)”, was executed to section 2 of Pub. L. 112–105, set out above, known as the “Representative Louise McIntosh Slaughter Stop Trading on Congressional Knowledge Act” or the “STOCK Act”, to reflect the probable intent of Congress.]
|
||||
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|
||||
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type: "LegalText"
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|
||||
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|
||||
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|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13102"
|
||||
citation: "5 U.S.C. § 13102"
|
||||
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13102 - Administration of provisions
|
||||
|
||||
## Text
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131025 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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Transmittal of Financial Disclosure ReportsPub. 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.”
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13103 - Persons required to file
|
||||
|
||||
## Text
|
||||
|
||||
(a) Reports Filed Upon Entering a Filing Position.— Within 30 days of assuming the position of an officer or employee described in subsection (f), an individual shall file a report containing the information described in section 13104(b) of this title unless the individual has left another position described in subsection (f) within 30 days prior to assuming such new position or has already filed a report under this subchapter with respect to nomination for the new position or as a candidate for the position.
|
||||
|
||||
(b) Reports for Nominees to Positions Requiring Senate Confirmation.— (1) In general.— Within 5 days of the transmittal by the President to the Senate of the nomination of an individual (other than an individual nominated for appointment to a position as a Foreign Service Officer or a grade or rank in the uniformed services for which the pay grade prescribed by section 201 of title 37 is O–6 or below) to a position, appointment to which requires the advice and consent of the Senate, such individual shall file a report containing the information described in section 13104(b) of this title. Such individual shall, not later than the date of the first hearing to consider the nomination of such individual, make current the report filed pursuant to this paragraph by filing the information required by section 13104(a)(1)(A) of this title with respect to income and honoraria received as of the date which occurs 5 days before the date of such hearing. Nothing in this chapter shall prevent any congressional committee from requesting, as a condition of confirmation, any additional financial information from any Presidential nominee whose nomination has been referred to that committee.
|
||||
|
||||
(2) Public announcement of intended nomination.— An individual whom the President or the President-elect has publicly announced he or she intends to nominate to a position may file the report required by paragraph (1) at any time after that public announcement, but not later than is required under the 1st sentence of paragraph (1).
|
||||
|
||||
(c) Reports for Candidates for Elected Federal Office.— Within 30 days of becoming a candidate as defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101), in a calendar year for nomination or election to the office of President, Vice President, or Member of Congress, or on or before May 15 of that calendar year, whichever is later, but in no event later than 30 days before the election, and on or before May 15 of each successive year an individual continues to be a candidate, an individual other than an incumbent President, Vice President, or Member of Congress shall file a report containing the information described in section 13104(b) of this title. Notwithstanding the preceding sentence, in any calendar year in which an individual continues to be a candidate for any office but all elections for such office relating to such candidacy were held in prior calendar years, such individual need not file a report unless the individual becomes a candidate for another vacancy in that office or another office during that year.
|
||||
|
||||
(d) Annual Reports.— Any individual who is an officer or employee described in subsection (f) during any calendar year and performs the duties of the position or office for a period in excess of 60 days in that calendar year shall file on or before May 15 of the succeeding year a report containing the information described in section 13104(a) of this title.
|
||||
|
||||
(e) Termination Reports.— Any individual who occupies a position described in subsection (f) shall, on or before the 30th day after termination of employment in such position, file a report containing the information described in section 13104(a) of this title covering the preceding calendar year if the report required by subsection (d) has not been filed and covering the portion of the calendar year in which such termination occurs up to the date the individual left such office or position, unless such individual has accepted employment in another position described in subsection (f).
|
||||
|
||||
(f) Individuals Required To File.— The officers and employees referred to in subsections (a), (d), and (e) are—
|
||||
|
||||
(1) the President;
|
||||
|
||||
(2) the Vice President;
|
||||
|
||||
(3) each officer or employee in the executive branch, including a special Government employee, as defined in section 202 of title 18, 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; each member of a uniformed service whose pay grade is at or in excess of O–7 under section 201 of title 37; and each officer or employee in any other position determined by the Director of the Office of Government Ethics to be of equal classification;
|
||||
|
||||
(4) each employee appointed pursuant to section 3105 of this title;
|
||||
|
||||
(5) any employee not described in paragraph (3) who is in a position in the executive branch which is excepted from the competitive service by reason of being of a confidential or policymaking character, except that the Director of the Office of Government Ethics may, by regulation, exclude from the application of this paragraph any individual, or group of individuals, who are in such positions, but only in cases in which the Director determines such exclusion would not affect adversely the integrity of the Government or the public’s confidence in the integrity of the Government;
|
||||
|
||||
(6) the Postmaster General, the Deputy Postmaster General, each Governor of the Board of Governors of the United States Postal Service and each officer or employee of the United States Postal Service or Postal Regulatory Commission who occupies a position 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;
|
||||
|
||||
(7) the Director of the Office of Government Ethics and each designated agency ethics official;
|
||||
|
||||
(8) any civilian employee not described in paragraph (3), employed in the Executive Office of the President (other than a special Government employee) who holds a commission of appointment from the President;
|
||||
|
||||
(9) a Member of Congress as defined in section 13101 of this title;
|
||||
|
||||
(10) an officer or employee of the Congress as defined in section 13101 of this title;
|
||||
|
||||
(11) a judicial officer as defined in section 13101 of this title; and
|
||||
|
||||
(12) a judicial employee as defined in section 13101 of this title.
|
||||
|
||||
(g) Extensions of Time for Filing.— (1) In general.— Reasonable extensions of time for filing any report may be granted under procedures prescribed by the supervising ethics office for each branch, but the total of such extensions shall not exceed 90 days.
|
||||
|
||||
(2) Armed forces.— (A) Combat zone.— In the case of an individual who is serving in the Armed Forces, or serving in support of the Armed Forces, in an area while that area is designated by the President by Executive order as a combat zone for purposes of section 112 of the Internal Revenue Code of 1986 (26 U.S.C. 112), the date for the filing of any report shall be extended so that the date is 180 days after the later of—
|
||||
|
||||
(i) the last day of the individual’s service in such area during such designated period; or
|
||||
|
||||
(ii) the last day of the individual’s hospitalization as a result of injury received or disease contracted while serving in such area.
|
||||
|
||||
(B) Procedures.— The Office of Government Ethics, in consultation with the Secretary of Defense, may prescribe procedures under this paragraph.
|
||||
|
||||
(h) Exceptions.— The provisions of subsections (a), (b), and (e) shall not apply to an individual who, as determined by the designated agency ethics official or Secretary concerned (or in the case of a Presidential appointee under subsection (b), the Director of the Office of Government Ethics), the congressional ethics committees, or the Judicial Conference, is not reasonably expected to perform the duties of the individual’s office or position for more than 60 days in a calendar year, except that if such individual performs the duties of the office or position for more than 60 days in a calendar year—
|
||||
|
||||
(1) the report required by subsections (a) and (b) shall be filed within 15 days of the 60th day; and
|
||||
|
||||
(2) the report required by subsection (e) shall be filed as provided in that subsection.
|
||||
|
||||
(i) Request for Waiver.— The supervising ethics office for each branch may grant a publicly available request for a waiver of any reporting requirement under this section for an individual who is expected to perform or has performed the duties of the individual’s office or position less than 130 days in a calendar year, but only if the supervising ethics office determines that—
|
||||
|
||||
(1) such individual is not a full-time employee of the Government;
|
||||
|
||||
(2) such individual is able to provide services specially needed by the Government;
|
||||
|
||||
(3) it is unlikely that the individual’s outside employment or financial interests will create a conflict of interest; and
|
||||
|
||||
(4) public financial disclosure by such individual is not necessary in the circumstances.
|
||||
|
||||
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4270.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131035 U.S.C. App. (EGA § 101)Pub. L. 95–521, title I, § 101, Oct. 26, 1978, 92 Stat. 1824; Pub. L. 96–19, §§ 2(a)(1), (b), (c)(1), 4(b)(1), (d)–(f), 5, June 13, 1979, 93 Stat. 37, 38, 40; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1725; Pub. L. 101–280, § 3(1), (2), May 4, 1990, 104 Stat. 152; Pub. L. 102–25, title VI, § 605(a), Apr. 6, 1991, 105 Stat. 110; Pub. L. 102–378, § 4(a)(1), Oct. 2, 1992, 106 Stat. 1356; Pub. L. 109–435, title VI, § 604(c), Dec. 20, 2006, 120 Stat. 3241. In subsection (c), the words “section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)” are substituted for “section 301 of the Federal Campaign Act of 1971” for clarity and to correct an error in the law. In subsection (f)(8), the words “special Government employee” are substituted for “special government employee” to correct an error in the law.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe General Schedule, referred to in subsec. (f)(3), (6), is set out under section 5332 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Post-Employment Negotiation RestrictionsPub. L. 112–105, § 17, Apr. 4, 2012, 126 Stat. 303, as amended by Pub. L. 117–286, § 4(c)(12), Dec. 27, 2022, 136 Stat. 4354, provided that: “(a) Restriction Extended to Executive and Judicial Branches.—Notwithstanding any other provision of law, an individual required to file a financial disclosure report under section 13103 of title 5, United States Code, may not directly negotiate or have any agreement of future employment or compensation unless such individual, within 3 business days after the commencement of such negotiation or agreement of future employment or compensation, files with the individual’s supervising ethics office a statement, signed by such individual, regarding such negotiations or agreement, including the name of the private entity or entities involved in such negotiations or agreement, and the date such negotiations or agreement commenced. “(b) Recusal.—An individual filing a statement under subsection (a) shall recuse himself or herself whenever there is a conflict of interest, or appearance of a conflict of interest, for such individual with respect to the subject matter of the statement, and shall notify the individual’s supervising ethics office of such recusal. An individual making such recusal shall, upon such recusal, submit to the supervising ethics office the statement under subsection (a) with respect to which the recusal was made.” [Pub. L. 117–286, § 4(c)(12), which directed amendment of section 17(a) of the “Stop Trading on Congressional Knowledge Act of 2012 (Public Law 112–105, 126 Stat. 303, 5 U.S.C. App. 101 note)”, was executed to section 17(a) of Pub. L. 112–105, set out above, known as the “Representative Louise McIntosh Slaughter Stop Trading on Congressional Knowledge Act” or the “STOCK Act”, to reflect the probable intent of Congress.] [For definition of “supervising ethics office” as used in section 17 of Pub. L. 112–105, set out above, see section 2 of Pub. L. 112–105, set out as a note under section 13101 of this title.]
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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---
|
||||
|
||||
# 5 U.S.C. § 13104 - Contents of reports
|
||||
|
||||
## Text
|
||||
|
||||
(a) Annual and Termination Reports.— Each report filed pursuant to section 13103(d) and (e) of this title shall include a full and complete statement with respect to the following:
|
||||
|
||||
(1) Income.— (A) In general.— The source, type, and amount or value of income (other than income referred to in subparagraph (B)) from any source (other than from current employment by the United States Government), and the source, date, and amount of honoraria from any source, received during the preceding calendar year, aggregating $200 or more in value and, effective January 1, 1991, the source, date, and amount of payments made to charitable organizations in lieu of honoraria, and the reporting individual shall simultaneously file with the applicable supervising ethics office, on a confidential basis, a corresponding list of recipients of all such payments, together with the dates and amounts of such payments.
|
||||
|
||||
(B) Dividends, rents, interest, and capital gains.— The source and type of income which consists of dividends, rents, interest, and capital gains, received during the preceding calendar year which exceeds $200 in amount or value, and an indication of which of the following categories the amount or value of such item of income is within—
|
||||
|
||||
(i) not more than $1,000;
|
||||
|
||||
(ii) greater than $1,000 but not more than $2,500;
|
||||
|
||||
(iii) greater than $2,500 but not more than $5,000;
|
||||
|
||||
(iv) greater than $5,000 but not more than $15,000;
|
||||
|
||||
(v) greater than $15,000 but not more than $50,000;
|
||||
|
||||
(vi) greater than $50,000 but not more than $100,000;
|
||||
|
||||
(vii) greater than $100,000 but not more than $1,000,000;
|
||||
|
||||
(viii) greater than $1,000,000 but not more than $5,000,000; or
|
||||
|
||||
(ix) greater than $5,000,000.
|
||||
|
||||
(2) Gifts and reimbursements.— (A) Gifts.— The identity of the source, a brief description, and the value of all gifts aggregating more than the minimal value as established by section 7342(a)(5) of this title, or $250, whichever is greater, received from any source other than a relative of the reporting individual during the preceding calendar year, except that any food, lodging, or entertainment received as personal hospitality of an individual need not be reported, and any gift with a fair market value of $100 or less, as adjusted at the same time and by the same percentage as the minimal value is adjusted, need not be aggregated for purposes of this subparagraph.
|
||||
|
||||
(B) Reimbursements.— The identity of the source and a brief description (including a travel itinerary, dates, and nature of expenses provided) of reimbursements received from any source aggregating more than the minimal value as established by section 7342(a)(5) of this title, or $250, whichever is greater, and received during the preceding calendar year.
|
||||
|
||||
(C) Waiver.— In an unusual case, a gift need not be aggregated under subparagraph (A) if a publicly available request for a waiver is granted.
|
||||
|
||||
(3) Interests in property.— The identity and category of value of any interest in property held during the preceding calendar year in a trade or business, or for investment or the production of income, which has a fair market value which exceeds $1,000 as of the close of the preceding calendar year, excluding any personal liability owed to the reporting individual by a spouse or by a parent, brother, sister, or child of the reporting individual or of the reporting individual’s spouse, or any deposits aggregating $5,000 or less in a personal savings account. For purposes of this paragraph, a personal savings account shall include any certificate of deposit or any other form of deposit in a bank, savings and loan association, credit union, or similar financial institution.
|
||||
|
||||
(4) Liabilities.— The identity and category of value of the total liabilities owed to any creditor other than a spouse, or a parent, brother, sister, or child of the reporting individual or of the reporting individual’s spouse which exceed $10,000 at any time during the preceding calendar year, excluding—
|
||||
|
||||
(A) any mortgage secured by real property which is a personal residence of the reporting individual or the individual’s spouse, except that this exception shall not apply to a reporting individual—
|
||||
|
||||
(i) described in paragraph (1), (2), or (9) of 13103(f) of this title;
|
||||
|
||||
(ii) described in section 13103(b) of this title who has been nominated for appointment as an officer or employee in the executive branch described in subsection (f) of that section, other than—
|
||||
|
||||
(I) an individual appointed to a position—
|
||||
|
||||
(aa) as a Foreign Service Officer below the rank of ambassador; or
|
||||
|
||||
(bb) in the uniformed services for which the pay grade prescribed by section 201 of title 37 is O–6 or below; or
|
||||
|
||||
(II) a special Government employee, as defined under section 202 of title 18; or
|
||||
|
||||
(iii) described in section 13103(f) of this title who is in a position in the executive branch the appointment to which is made by the President and requires advice and consent of the Senate, other than—
|
||||
|
||||
(I) an individual appointed to a position—
|
||||
|
||||
(aa) as a Foreign Service Officer below the rank of ambassador; or
|
||||
|
||||
(bb) in the uniformed services for which the pay grade prescribed by section 201 of title 37 is O–6 or below; or
|
||||
|
||||
(II) a special Government employee, as defined under section 202 of title 18; and
|
||||
|
||||
(B) any loan secured by a personal motor vehicle, household furniture, or appliances, which loan does not exceed the purchase price of the item which secures it.
|
||||
|
||||
With respect to revolving charge accounts, only those with an outstanding liability which exceeds $10,000 as of the close of the preceding calendar year need be reported under this paragraph.
|
||||
|
||||
(5) Transactions.— Except as provided in this paragraph, a brief description, the date, and category of value of any purchase, sale or exchange during the preceding calendar year which exceeds $1,000—
|
||||
|
||||
(A) in real property, other than property used solely as a personal residence of the reporting individual or the individual’s spouse; or
|
||||
|
||||
(B) in stocks, bonds, commodities futures, and other forms of securities.
|
||||
|
||||
Reporting is not required under this paragraph of any transaction solely by and between the reporting individual, the individual’s spouse, or dependent children.
|
||||
|
||||
(6) Positions with outside entities and major sources of compensation.— (A) Positions with outside entities.— The identity of all positions held on or before the date of filing during the current calendar year (and, for the first report filed by an individual, during the 2-year period preceding such calendar year) as an officer, director, trustee, partner, proprietor, representative, employee, or consultant of any corporation, company, firm, partnership, or other business enterprise, any nonprofit organization, any labor organization, or any educational or other institution other than the United States. This subparagraph shall not require the reporting of positions held in any religious, social, fraternal, or political entity and positions solely of an honorary nature.
|
||||
|
||||
(B) Major sources of compensation.— If any person, other than the United States Government, paid a nonelected reporting individual compensation in excess of $5,000 in any of the 2 calendar years prior to the calendar year during which the individual files the individual’s first report under this chapter, the individual shall include in the report—
|
||||
|
||||
(i) the identity of each source of such compensation; and
|
||||
|
||||
(ii) a brief description of the nature of the duties performed or services rendered by the reporting individual for each such source.
|
||||
|
||||
The preceding sentence shall not require any individual to include in such report any information which is considered confidential as a result of a privileged relationship, established by law, between such individual and any person, nor shall it require an individual to report any information with respect to any person for whom services were provided by any firm or association of which such individual was a member, partner, or employee unless such individual was directly involved in the provision of such services.
|
||||
|
||||
(7) Agreements or arrangements relating to other employment.— A description of the date, parties to, and terms of any agreement or arrangement with respect to—
|
||||
|
||||
(A) future employment;
|
||||
|
||||
(B) a leave of absence during the period of the reporting individual’s Government service;
|
||||
|
||||
(C) continuation of payments by a former employer other than the United States Government; and
|
||||
|
||||
(D) continuing participation in an employee welfare or benefit plan maintained by a former employer.
|
||||
|
||||
(8) Qualified blind trusts.— The category of the total cash value of any interest of the reporting individual in a qualified blind trust, unless the trust instrument was executed prior to July 24, 1995, and precludes the beneficiary from receiving information on the total cash value of any interest in the qualified blind trust.
|
||||
|
||||
(b) Reports for New Employees, Nominees, and Candidates.— (1) In general.— Each report filed pursuant to subsections (a), (b), and (c) of section 13103 of this title shall include a full and complete statement with respect to the information required by—
|
||||
|
||||
(A) paragraph (1) of subsection (a) for the year of filing and the preceding calendar year;
|
||||
|
||||
(B) paragraphs (3) and (4) of subsection (a) as of the date specified in the report but which is less than 31 days before the filing date; and
|
||||
|
||||
(C) paragraphs (6) and (7) of subsection (a) as of the filing date but for periods described in such paragraphs.
|
||||
|
||||
(2) Alternatives for reporting.— (A) Formats.— In lieu of filling out one or more schedules of a financial disclosure form, an individual may supply the required information in an alternative format, pursuant to either rules adopted by the supervising ethics office for the branch in which such individual serves or pursuant to a specific written determination by such office for a reporting individual.
|
||||
|
||||
(B) Amounts.— In lieu of indicating the category of amount or value of any item contained in any report filed under this subchapter, a reporting individual may indicate the exact dollar amount of such item.
|
||||
|
||||
(c) Report After Termination of Employment.— In the case of any individual described in section 13103(e) of this title, any reference to the preceding calendar year shall be considered also to include that part of the calendar year of filing up to the date of the termination of employment.
|
||||
|
||||
(d) Categories for Reporting Amounts or Values.— (1) Paragraphs (3), (4), (5), and (8) of subsection (a).— The categories for reporting the amount or value of the items covered in paragraphs (3), (4), (5), and (8) of subsection (a) are—
|
||||
|
||||
(A) not more than $15,000;
|
||||
|
||||
(B) greater than $15,000 but not more than $50,000;
|
||||
|
||||
(C) greater than $50,000 but not more than $100,000;
|
||||
|
||||
(D) greater than $100,000 but not more than $250,000;
|
||||
|
||||
(E) greater than $250,000 but not more than $500,000;
|
||||
|
||||
(F) greater than $500,000 but not more than $1,000,000;
|
||||
|
||||
(G) greater than $1,000,000 but not more than $5,000,000;
|
||||
|
||||
(H) greater than $5,000,000 but not more than $25,000,000;
|
||||
|
||||
(I) greater than $25,000,000 but not more than $50,000,000; and
|
||||
|
||||
(J) greater than $50,000,000.
|
||||
|
||||
(2) Valuation of interests in real property.— For the purposes of paragraph (3) of subsection (a), if the current value of an interest in real property (or an interest in a real estate partnership) is not ascertainable without an appraisal, an individual may list (A) the date of purchase and the purchase price of the interest in the real property, or (B) the assessed value of the real property for tax purposes, adjusted to reflect the market value of the property used for the assessment if the assessed value is computed at less than 100 percent of such market value, but such individual shall include in his or her report a full and complete description of the method used to determine such assessed value, instead of specifying a category of value pursuant to paragraph (1) of this subsection. If the current value of any other item required to be reported under paragraph (3) of subsection (a) is not ascertainable without an appraisal, such individual may list the book value of a corporation whose stock is not publicly traded, the net worth of a business partnership, the equity value of an individually owned business, or with respect to other holdings, any recognized indication of value, but such individual shall include in his or her report a full and complete description of the method used in determining such value. In lieu of any value referred to in the preceding sentence, an individual may list the assessed value of the item for tax purposes, adjusted to reflect the market value of the item used for the assessment if the assessed value is computed at less than 100 percent of such market value, but a full and complete description of the method used in determining such assessed value shall be included in the report.
|
||||
|
||||
(e) Reporting Information Relating to Spouse or Dependent Child.— (1) In general.— Except as provided in the last sentence of this paragraph, each report required by section 13103 of this title shall also contain information listed in paragraphs (1) through (5) of subsection (a) of this section respecting the spouse or dependent child of the reporting individual as follows:
|
||||
|
||||
(A) Source of earned income and honoraria.— The source of items of earned income earned by a spouse from any person which exceed $1,000 and the source and amount of any honoraria received by a spouse, except that, with respect to earned income (other than honoraria), if the spouse is self-employed in business or a profession, only the nature of such business or profession need be reported.
|
||||
|
||||
(B) Dividends, rents, interest, and capital gains.— All information required to be reported in subsection (a)(1)(B) with respect to income derived by a spouse or dependent child from any asset held by the spouse or dependent child and reported pursuant to subsection (a)(3).
|
||||
|
||||
(C) Gifts.— In the case of any gifts received by a spouse or dependent child which are not received totally independent of the relationship of the spouse or dependent child to the reporting individual, the identity of the source and a brief description of gifts of transportation, lodging, food, or entertainment and a brief description and the value of other gifts.
|
||||
|
||||
(D) Reimbursements.— In the case of any reimbursements received by a spouse or dependent child which are not received totally independent of the relationship of the spouse or dependent child to the reporting individual, the identity of the source and a brief description of each such reimbursement.
|
||||
|
||||
(E) Interests in property, liabilities, and transactions.— In the case of items described in paragraphs (3) through (5) of subsection (a), all information required to be reported under these paragraphs other than items (i) which the reporting individual certifies represent the spouse’s or dependent child’s sole financial interest or responsibility and which the reporting individual has no knowledge of, (ii) which are not in any way, past or present, derived from the income, assets, or activities of the reporting individual, and (iii) from which the reporting individual neither derives, nor expects to derive, any financial or economic benefit.
|
||||
|
||||
(F) Amounts or values greater than $1,000,000.— For purposes of this section, categories with amounts or values greater than $1,000,000 set forth in subsection (a)(1)(B) and subsection (d)(1) shall apply to the income, assets, or liabilities of spouses and dependent children only if the income, assets, or liabilities are held jointly with the reporting individual. All other income, assets, or liabilities of the spouse or dependent children required to be reported under this section in an amount or value greater than $1,000,000 shall be categorized only as an amount or value greater than $1,000,000.
|
||||
|
||||
Reports required by subsections (a), (b), and (c) of section 13103 of this title shall, with respect to the spouse and dependent child of the reporting individual, contain only information listed in paragraphs (1), (3), and (4) of subsection (a), as specified in this paragraph.
|
||||
|
||||
(2) Separated spouse.— No report shall be required with respect to a spouse living separate and apart from the reporting individual with the intention of terminating the marriage or providing for permanent separation; or with respect to any income or obligations of an individual arising from the dissolution of the individual’s marriage or the permanent separation from the individual’s spouse.
|
||||
|
||||
(f) Trusts and Other Financial Arrangements.— (1) In general.— Except as provided in paragraph (2), each reporting individual shall report the information required to be reported pursuant to subsections (a), (b), and (c) of this section with respect to the holdings of and the income from a trust or other financial arrangement from which income is received by, or with respect to which a beneficial interest in principal or income is held by, such individual, the individual’s spouse, or any dependent child.
|
||||
|
||||
(2) Exceptions.— A reporting individual need not report the holdings of or the source of income from any of the holdings of—
|
||||
|
||||
(A) any qualified blind trust (as defined in paragraph (3));
|
||||
|
||||
(B) a trust—
|
||||
|
||||
(i) which was not created directly by such individual, the individual’s spouse, or any dependent child; and
|
||||
|
||||
(ii) the holdings or sources of income of which such individual, the individual’s spouse, and any dependent child have no knowledge; or
|
||||
|
||||
(C) an entity described under the provisions of paragraph (8),
|
||||
|
||||
but such individual shall report the category of the amount of income received by the individual, the individual’s spouse, or any dependent child from the trust or other entity under subsection (a)(1)(B).
|
||||
|
||||
(3) Definition of qualified blind trust.— For purposes of this subsection, the term “qualified blind trust” includes any trust in which a reporting individual, the individual’s spouse, or any minor or dependent child has a beneficial interest in the principal or income, and which meets the following requirements:
|
||||
|
||||
(A) Trustee.— (i) The trustee of the trust and any other entity designated in the trust instrument to perform fiduciary duties is a financial institution, an attorney, a certified public accountant, a broker, or an investment advisor who—
|
||||
|
||||
(I) is independent of and not associated with any interested party so that the trustee or other person cannot be controlled or influenced in the administration of the trust by any interested party;
|
||||
|
||||
(II) is not and has not been an employee of or affiliated with any interested party and is not a partner of, or involved in any joint venture or other investment with, any interested party; and
|
||||
|
||||
(III) is not a relative of any interested party.
|
||||
|
||||
(ii) Any officer or employee of a trustee or other entity who is involved in the management or control of the trust—
|
||||
|
||||
(I) is independent of and not associated with any interested party so that such officer or employee cannot be controlled or influenced in the administration of the trust by any interested party;
|
||||
|
||||
(II) is not a partner of, or involved in any joint venture or other investment with, any interested party; and
|
||||
|
||||
(III) is not a relative of any interested party.
|
||||
|
||||
(B) Transferred asset.— Any asset transferred to the trust by an interested party is free of any restriction with respect to its transfer or sale unless such restriction is expressly approved by the supervising ethics office of the reporting individual.
|
||||
|
||||
(C) Trust instrument.— The trust instrument which establishes the trust provides that—
|
||||
|
||||
(i) except to the extent provided in subparagraph (B) of this paragraph, the trustee in the exercise of the trustee’s authority and discretion to manage and control the assets of the trust shall not consult or notify any interested party;
|
||||
|
||||
(ii) the trust shall not contain any asset the holding of which by an interested party is prohibited by any law or regulation;
|
||||
|
||||
(iii) the trustee shall promptly notify the reporting individual and the reporting individual’s supervising ethics office when the holdings of any particular asset transferred to the trust by any interested party are disposed of or when the value of such holding is less than $1,000;
|
||||
|
||||
(iv) the trust tax return shall be prepared by the trustee or the trustee’s designee, and such return and any information relating thereto (other than the trust income summarized in appropriate categories necessary to complete an interested party’s tax return) shall not be disclosed to any interested party;
|
||||
|
||||
(v) an interested party shall not receive any report on the holdings and sources of income of the trust, except a report at the end of each calendar quarter with respect to the total cash value of the interest of the interested party in the trust or the net income or loss of the trust or any reports necessary to enable the interested party to complete an individual tax return required by law or to provide the information required by subsection (a)(1) of this section, but such report shall not identify any asset or holding;
|
||||
|
||||
(vi) except for communications which solely consist of requests for distributions of cash or other unspecified assets of the trust, there shall be no direct or indirect communication between the trustee and an interested party with respect to the trust unless such communication is in writing and unless it relates only (I) to the general financial interest and needs of the interested party (including, but not limited to, an interest in maximizing income or long-term capital gain), (II) to the notification of the trustee of a law or regulation subsequently applicable to the reporting individual which prohibits the interested party from holding an asset, which notification directs that the asset not be held by the trust, or (III) to directions to the trustee to sell all of an asset initially placed in the trust by an interested party which in the determination of the reporting individual creates a conflict of interest or the appearance thereof due to the subsequent assumption of duties by the reporting individual (but nothing herein shall require any such direction); and
|
||||
|
||||
(vii) the interested parties shall make no effort to obtain information with respect to the holdings of the trust, including obtaining a copy of any trust tax return filed or any information relating thereto except as otherwise provided in this subsection.
|
||||
|
||||
(D) Approval by supervising ethics office.— The proposed trust instrument and the proposed trustee are approved by the reporting individual’s supervising ethics office.
|
||||
|
||||
(E) Definitions.— For purposes of this subsection, “interested party” means a reporting individual, the individual’s spouse, and any minor or dependent child; “broker” has the meaning set forth in section 3(a)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and “investment adviser” includes any investment adviser who, as determined under regulations prescribed by the supervising ethics office, is generally involved in the role as such an adviser in the management or control of trusts.
|
||||
|
||||
(F) Trust qualified before effective date of title ii of ethics reform act of 1989.— Any trust qualified by a supervising ethics office before the effective date of title II of the Ethics Reform Act of 1989 shall continue to be governed by the law and regulations in effect immediately before such effective date.
|
||||
|
||||
(4) Trust asset considered financial interest.— (A) In general.— An asset placed in a trust by an interested party shall be considered a financial interest of the reporting individual, for the purposes of any applicable conflict of interest statutes, regulations, or rules of the Federal Government (including section 208 of title 18), until such time as the reporting individual is notified by the trustee that such asset has been disposed of, or has a value of less than $1,000.
|
||||
|
||||
(B) Exception.— (i) The provisions of subparagraph (A) shall not apply with respect to a trust created for the benefit of a reporting individual, or the spouse, dependent child, or minor child of such a person, if the supervising ethics office for such reporting individual finds that—
|
||||
|
||||
(I) the assets placed in the trust consist of a well-diversified portfolio of readily marketable securities;
|
||||
|
||||
(II) none of the assets consist of securities of entities having substantial activities in the area of the reporting individual’s primary area of responsibility;
|
||||
|
||||
(III) the trust instrument prohibits the trustee, notwithstanding the provisions of paragraphs 11 So in original. Probably should be “paragraph”. (3)(C)(iii) and (iv) of this subsection, from making public or informing any interested party of the sale of any securities;
|
||||
|
||||
(IV) the trustee is given power of attorney, notwithstanding the provisions of paragraph (3)(C)(v) of this subsection, to prepare on behalf of any interested party the personal income tax returns and similar returns which may contain information relating to the trust; and
|
||||
|
||||
(V) except as otherwise provided in this paragraph, the trust instrument provides (or in the case of a trust established prior to the effective date of this Act which by its terms does not permit amendment, the trustee, the reporting individual, and any other interested party agree in writing) that the trust shall be administered in accordance with the requirements of this subsection and the trustee of such trust meets the requirements of paragraph (3)(A).
|
||||
|
||||
(ii) In any instance covered by this subparagraph in which the reporting individual is an individual whose nomination is being considered by a congressional committee, the reporting individual shall inform the congressional committee considering the individual’s nomination before or during the period of such individual’s confirmation hearing of the individual’s intention to comply with this paragraph.
|
||||
|
||||
(5) Notification.— (A) Copies.— The reporting individual shall, within 30 days after a qualified blind trust is approved by the individual’s supervising ethics office, file with such office a copy of—
|
||||
|
||||
(i) the executed trust instrument of such trust (other than those provisions which relate to the testamentary disposition of the trust assets); and
|
||||
|
||||
(ii) a list of the assets which were transferred to such trust, including the category of value of each asset as determined under subsection (d) of this section.
|
||||
|
||||
This subparagraph shall not apply with respect to a trust meeting the requirements for being considered a qualified blind trust under paragraph (7) of this subsection.
|
||||
|
||||
(B) Transfer of asset.— The reporting individual shall, within 30 days of transferring an asset (other than cash) to a previously established qualified blind trust, notify the individual’s supervising ethics office of the identity of each such asset and the category of value of each asset as determined under subsection (d) of this section.
|
||||
|
||||
(C) Dissolution.— Within 30 days of the dissolution of a qualified blind trust, a reporting individual shall—
|
||||
|
||||
(i) notify the individual’s supervising ethics office of such dissolution; and
|
||||
|
||||
(ii) file with such office a copy of a list of the assets of the trust at the time of such dissolution and the category of value under subsection (d) of this section of each such asset.
|
||||
|
||||
(D) Documents available to public.— Documents filed under subparagraphs (A), (B), and (C) of this paragraph and the lists provided by the trustee of assets placed in the trust by an interested party which have been sold shall be made available to the public in the same manner as a report is made available under section 13107 of this title, and the provisions of that section shall apply with respect to such documents and lists.
|
||||
|
||||
(E) Copy of written communication.— A copy of each written communication with respect to the trust under paragraph (3)(C)(vi) shall be filed by the person initiating the communication with the reporting individual’s supervising ethics office within 5 days of the date of the communication.
|
||||
|
||||
(6) Prohibitions.— (A) Trustees.— A trustee of a qualified blind trust shall not knowingly and willfully, or negligently—
|
||||
|
||||
(i) disclose any information to an interested party with respect to such trust that may not be disclosed under paragraph (3) of this subsection;
|
||||
|
||||
(ii) acquire any holding the ownership of which is prohibited by the trust instrument;
|
||||
|
||||
(iii) solicit advice from any interested party with respect to such trust, which solicitation is prohibited by paragraph (3) of this subsection or the trust agreement; or
|
||||
|
||||
(iv) fail to file any document required by this subsection.
|
||||
|
||||
(B) Reporting individuals.— A reporting individual shall not knowingly and willfully, or negligently—
|
||||
|
||||
(i) solicit or receive any information with respect to a qualified blind trust of which the reporting individual is an interested party that may not be disclosed under paragraph (3)(C) of this subsection; or
|
||||
|
||||
(ii) fail to file any document required by this subsection.
|
||||
|
||||
(C) Civil actions for violations.— (i) Knowing and willful violations.— The Attorney General may bring a civil action in any appropriate United States district court against any individual who knowingly and willfully violates the provisions of subparagraph (A) or (B) of this paragraph. The court in which such action is brought may assess against such individual a civil penalty in any amount not to exceed $10,000.
|
||||
|
||||
(ii) Negligent violations.— The Attorney General may bring a civil action in any appropriate United States district court against any individual who negligently violates the provisions of subparagraph (A) or (B) of this paragraph. The court in which such action is brought may assess against such individual a civil penalty in any amount not to exceed $5,000.
|
||||
|
||||
(7) Trust considered to be qualified blind trust.— Any trust may be considered to be a qualified blind trust if—
|
||||
|
||||
(A) the trust instrument is amended to comply with the requirements of paragraph (3) or, in the case of a trust instrument which does not by its terms permit amendment, the trustee, the reporting individual, and any other interested party agree in writing that the trust shall be administered in accordance with the requirements of this subsection and the trustee of such trust meets the requirements of paragraph (3)(A); except that in the case of any interested party who is a dependent child, a parent or guardian of such child may execute the agreement referred to in this subparagraph;
|
||||
|
||||
(B) a copy of the trust instrument (except testamentary provisions) and a copy of the agreement referred to in subparagraph (A), and a list of the assets held by the trust at the time of approval by the supervising ethics office, including the category of value of each asset as determined under subsection (d) of this section, are filed with such office and made available to the public as provided under paragraph (5)(D) of this subsection; and
|
||||
|
||||
(C) the supervising ethics office determines that approval of the trust arrangement as a qualified blind trust is in the particular case appropriate to assure compliance with applicable laws and regulations.
|
||||
|
||||
(8) Excepted investment funds.— A reporting individual shall not be required to report the financial interests held by a widely held investment fund (whether such fund is a mutual fund, regulated investment company, pension or deferred compensation plan, or other investment fund)—
|
||||
|
||||
(A) if—
|
||||
|
||||
(i) the fund is publicly traded; or
|
||||
|
||||
(ii) the assets of the fund are widely diversified; and
|
||||
|
||||
(B) if the reporting individual neither exercises control over nor has the ability to exercise control over the financial interests held by the fund.
|
||||
|
||||
(g) Political Campaign Funds.— Political campaign funds, including campaign receipts and expenditures, need not be included in any report filed pursuant to this subchapter.
|
||||
|
||||
(h) Gifts and Reimbursements Received While Individual Not Officer or Employee of Federal Government.— A report filed pursuant to subsection (a), (d), or (e) of section 13103 of this title need not contain the information described in subparagraphs (A), (B), and (C) of subsection (a)(2) with respect to gifts and reimbursements received in a period when the reporting individual was not an officer or employee of the Federal Government.
|
||||
|
||||
(i) Non-Reportable Retirement Benefits.— A reporting individual shall not be required under this subchapter to report—
|
||||
|
||||
(1) financial interests in or income derived from—
|
||||
|
||||
(A) any retirement system under this title (including the Thrift Savings Plan under subchapter III of chapter 84 of this title); or
|
||||
|
||||
(B) any other retirement system maintained by the United States for officers or employees of the United States, including the President, or for members of the uniformed services; or
|
||||
|
||||
(2) benefits received under the Social Security Act (42 U.S.C. 301 et seq.).
|
||||
|
||||
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4273; Pub. L. 119–27, § 19, July 18, 2025, 139 Stat. 466.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendment of Subsection (a)(3)Pub. L. 119–27, §§ 19, 20, July 18, 2025, 139 Stat. 466, provided that, effective on the earlier of the date that is 18 months after July 18, 2025, or the date that is 120 days after the date on which the primary Federal payment stablecoin regulators issue any final regulations implementing Pub. L. 119–27, subsection (a)(3) of this section is amended in the first sentence by striking “, or any deposits” and inserting “, any payment stablecoins issued by a permitted payment stablecoin issuer aggregating $5,000 or less held, or any deposits”. See 2025 Amendment note below.
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131045 U.S.C. App. (EGA § 102)Pub. L. 95–521, title I, § 102, Oct. 26, 1978, 92 Stat. 1825; Pub. L. 96–19, §§ 3(a)(1), (b), 6(a), 7(a)–(d)(1), (f), 9(b), (c)(1), (j), June 13, 1979, 93 Stat. 39–43; Pub. L. 97–51, § 130(b), Oct. 1, 1981, 95 Stat. 966; Pub. L. 98–150, § 10, Nov. 11, 1983, 97 Stat. 962; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1727; Pub. L. 101–280, § 3(3), May 4, 1990, 104 Stat. 152; Pub. L. 102–90, title III, § 314(a), Aug. 14, 1991, 105 Stat. 469; Pub. L. 104–65, §§ 20, 22(a), (b), Dec. 19, 1995, 109 Stat. 704, 705; Pub. L. 112–105, § 13(a), Apr. 4, 2012, 126 Stat. 300. In subsection (a)(4)(A), in clause (ii)(II) and clause (iii)(II), the words “special Government employee” are substituted for “special government employee” to correct errors in the law. In subsection (f)(2)(B)(ii), at the end of the clause, after the word “knowledge”, the word “of” is omitted to correct an error in the law. The preceding phrase “of which” eliminates the need for “of” after “knowledge”. In subsection (f)(3)(E), the words “Securities Exchange Act of 1934” are substituted for “Securities and Exchange Act of 1934” to correct an error in the law. See the short title enacted by section 1 of the Act (15 U.S.C. 78a). In subsection (f)(3)(F), the reference to “the effective date of title II of the Ethics Reform Act of 1989” is not translated to a date certain because the date varies. For most provisions, the effective date is January 1, 1991. For section 102(f)(4)(B) of the Ethics in Government Act of 1978, which is restated as section 13104(f)(4)(B) of title 5, United States Code, the effective date is January 1, 1990. See section 204 of the Ethics Reform Act of 1989, as added by section 3(10)(B) of Public Law 101–280 (104 Stat. 157). In subsection (f)(4)(B)(i)(V), the reference to “the effective date of this Act” is not translated to a date certain because the date is ambiguous. The words “the effective date of this Act” probably mean the effective date of title II of the Ethics Reform Act of 1989 (rather than the effective date of the Ethics in Government Act of 1978). Title II of the Ethics Reform Act of 1989 enacted a general amendment of title I of the Ethics in Government Act of 1978 (see section 202 at 103 Stat. 1724). For title II of the Ethics Reform Act of 1989, the effective date varies. For most provisions, the effective date is January 1, 1991. For section 102(f)(4)(B) of the Ethics in Government Act of 1978, which is restated as section 13104(f)(4)(B) of title 5, United States Code, the effective date is January 1, 1990. See section 204 of the Ethics Reform Act of 1989, as added by section 3(10)(B) of Public Law 101–280 (104 Stat. 157).
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextFor the effective date of title II of the Ethics Reform Act of 1989, referred to in subsec. (f)(3)(F), see section 204 of Pub. L. 101–194, set out as an Effective Date of 1989 Amendment note below. The effective date of this Act, referred to in subsec. (f)(4)(B)(i)(V), probably means the effective date of title II of the Ethics Reform Act of 1989, which generally amended title I of Pub. L. 95–521, prior to repeal and restatement as this subchapter. See note above. The Social Security Act, referred to in subsec. (i)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
|
||||
|
||||
Amendments2025—Subsec. (a)(3). Pub. L. 119–27 substituted “, any payment stablecoins issued by a permitted payment stablecoin issuer aggregating $5,000 or less held, or any deposits” for “, or any deposits”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2025 AmendmentAmendment by Pub. L. 119–27 effective on the earlier of the date that is 18 months after July 18, 2025, or the date that is 120 days after the date on which the primary Federal payment stablecoin regulators issue any final regulations implementing Pub. L. 119–27, see section 20 of Pub. L. 119–27, set out as an Effective Date note under section 5901 of Title 12, Banks and Banking.
|
||||
|
||||
Effective Date of 1995 AmendmentPub. L. 104–65, § 22(c), Dec. 19, 1995, 109 Stat. 705, as amended by Pub. L. 117–286, § 4(c)(13), Dec. 27, 2022, 136 Stat. 4354, provided that the amendments made by section 22 of Pub. L. 104–65 (amending section 102 of Pub. L. 95–521, which was restated as this section) applied with respect to reports filed under this subchapter for calendar year 1996 and thereafter.
|
||||
|
||||
Effective Date of 1989 AmendmentPub. L. 101–194, title II, § 204, as added by Pub. L. 101–280, § 3(10)(B), May 4, 1990, 104 Stat. 157, provided that: “The amendments made by this title [see Tables for classification] and the repeal made by section 201 [repealing sections 201 to 212 of Pub. L. 95–521, formerly set out under the heading Executive Personnel Financial Disclosure Requirements in the Appendix to this title, and sections 301 to 309 of Pub. L. 95–521, formerly set out under the heading Judicial Personnel Financial Disclosure Requirements in the Appendix to Title 28, Judiciary and Judicial Procedure] shall take effect on January 1, 1991, except that the provisions of section 102(f)(4)(B) of the Ethics in Government Act of 1978 [section 102(f)(4)(B) of Pub. L. 95–521, restated as subsec. (f)(4)(B) of this section], as amended by this title, shall be effective as of January 1, 1990.”
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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---
|
||||
|
||||
# 5 U.S.C. § 13105 - Filing of reports
|
||||
|
||||
## Text
|
||||
|
||||
(a) Reports Filed With Designated Agency Ethics Official.— Except as otherwise provided in this section, the reports required under this subchapter shall be filed by the reporting individual with the designated agency ethics official at the agency by which the reporting individual is employed (or in the case of an individual described in section 13103(e) of this title, was employed) or in which the individual will serve. The date any report is received (and the date of receipt of any supplemental report) shall be noted on such report by the designated agency ethics official.
|
||||
|
||||
(b) Reports Filed With Director of Office of Government Ethics.— The President, the Vice President, and independent counsel and persons appointed by independent counsel under chapter 40 of title 28, shall file reports required under this subchapter with the Director of the Office of Government Ethics.
|
||||
|
||||
(c) Copies of Reports Transmitted to the Office of Government Ethics.— Copies of the reports required to be filed under this subchapter by the Postmaster General, the Deputy Postmaster General, the Governors of the Board of Governors of the United States Postal Service, designated agency ethics officials, employees described in section 105(a)(2)(A) or (B), 106(a)(1)(A) or (B), or 107(a)(1)(A) or (b)(1)(A)(i) of title 3, candidates for the office of President or Vice President and officers and employees in (and nominees to) offices or positions which require confirmation by the Senate or by both Houses of Congress other than individuals nominated to be judicial officers and those referred to in subsection (f) shall be transmitted to the Director of the Office of Government Ethics. The Director shall forward a copy of the report of each nominee to the congressional committee considering the nomination.
|
||||
|
||||
(d) Availability to Public.— Reports required to be filed under this subchapter by the Director of the Office of Government Ethics shall be filed in the Office of Government Ethics and, immediately after being filed, shall be made available to the public in accordance with this subchapter.
|
||||
|
||||
(e) Reports Filed With Federal Election Commission.— Each individual identified in section 13103(c) of this title who is a candidate for nomination or election to the Office of President or Vice President shall file the reports required by this subchapter with the Federal Election Commission.
|
||||
|
||||
(f) Reports Filed With Secretary Concerned.— Reports required of members of the uniformed services shall be filed with the Secretary concerned.
|
||||
|
||||
(g) Forms for Reporting.— Each supervising ethics office shall develop and make available forms for reporting the information required by this subchapter.
|
||||
|
||||
(h) Reports Filed by Certain Government Officials.— (1) Officials with whom reports are filed.— (A) Reports by members and staff of congress.— (i) In general.— (I) Reports filed with clerk of the house of representatives.— The reports required under this subchapter shall be filed by a reporting individual with the Clerk of the House of Representatives, in the case of a Representative in Congress, a Delegate to Congress, the Resident Commissioner from Puerto Rico, an officer or employee of the Congress whose compensation is disbursed by the Chief Administrative Officer of the House of Representatives, an officer or employee of the Architect of the Capitol, the United States Capitol Police, the United States Botanic Garden, the Congressional Budget Office, the Government Publishing Office, the Library of Congress, or the Copyright Royalty Tribunal (including any individual terminating service, under section 13103(e) of this title, in any office or position referred to in this subclause), or an individual described in section 13103(c) of this title who is a candidate for nomination or election as a Representative in Congress, a Delegate to Congress, or the Resident Commissioner from Puerto Rico.
|
||||
|
||||
(II) Reports filed with secretary of the senate.— The reports required under this subchapter shall be filed by a reporting individual with the Secretary of the Senate, in the case of a Senator, an officer or employee of the Congress whose compensation is disbursed by the Secretary of the Senate, an officer or employee of the Government Accountability Office, the Office of Technology Assessment, or the Office of the Attending Physician (including any individual terminating service, under section 13103(e) of this title, in any office or position referred to in this subclause), or an individual described in section 13103(c) of this title who is a candidate for nomination or election as a Senator.
|
||||
|
||||
(ii) Other reports.— In the case of an officer or employee of the Congress as described under section 13103(f)(10) of this title who is employed by an agency or commission established in the legislative branch after November 30, 1989, the reports required under this subchapter shall be filed by a reporting individual with—
|
||||
|
||||
(I) the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, as designated in the statute establishing such agency or commission; or
|
||||
|
||||
(II) if such statute does not designate such committee, the Secretary of the Senate for agencies and commissions established in even numbered calendar years, and the Clerk of the House of Representatives for agencies and commissions established in odd numbered calendar years.
|
||||
|
||||
(B) Reports filed with judicial conference.— The reports required under this subchapter shall be filed by a reporting individual with the Judicial Conference with regard to a judicial officer or employee described under paragraphs (11) and (12) of section 13103(f) of this title (including individuals terminating service in such office or position under section 13103(e) of this title or immediately preceding service in such office or position).
|
||||
|
||||
(2) Date report received.— The date any report is received (and the date of receipt of any supplemental report) shall be noted on such report by such committee.
|
||||
|
||||
(i) Copies of Reports to State Officers.— (1) In general.— A copy of each report filed under this subchapter by a Member or an individual who is a candidate for the office of Member shall be sent by the Clerk of the House of Representatives or Secretary of the Senate, as the case may be, to the appropriate State officer designated under section 312(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30113(a)) of the State represented by the Member or in which the individual is a candidate, as the case may be, within the 30-day period beginning on the day the report is filed with the Clerk or Secretary.
|
||||
|
||||
(2) Exception for electronically filed reports.— The requirements of paragraph (1) do not apply to any report filed under this subchapter which is filed electronically and for which there is online public access, in accordance with the systems developed by the Secretary and Sergeant at Arms of the Senate and the Clerk of the House of Representatives under section 8(b) of the STOCK Act.
|
||||
|
||||
(j) Copies of Reports to Ethics Committees.— (1) House of representatives.— A copy of each report filed under this subchapter with the Clerk of the House of Representatives shall be sent by the Clerk to the Committee on Ethics of the House of Representatives within the 7-day period beginning on the day the report is filed.
|
||||
|
||||
(2) Senate.— A copy of each report filed under this subchapter with the Secretary of the Senate shall be sent by the Secretary to the Select Committee on Ethics of the Senate within the 7-day period beginning on the day the report is filed.
|
||||
|
||||
(k) Assistance of Federal Election Commission.— In carrying out their responsibilities under this subchapter with respect to candidates for office, the Clerk of the House of Representatives and the Secretary of the Senate shall avail themselves of the assistance of the Federal Election Commission. The Commission shall make available to the Clerk and the Secretary on a regular basis a complete list of names and addresses of all candidates registered with the Commission, and shall cooperate and coordinate its candidate information and notification program with the Clerk and the Secretary to the greatest extent possible.
|
||||
|
||||
(l) Periodic Transaction Reports.— Not later than 30 days after receiving notification of any transaction required to be reported under section 13104(a)(5)(B 11 So in original. A closing parenthesis probably should follow “B”. of this title, but in no case later than 45 days after such transaction, the following persons, if required to file a report under any subsection of section 13103 of this title, subject to any waivers and exclusions, shall file a report of the transaction:
|
||||
|
||||
(1) The President.
|
||||
|
||||
(2) The Vice President.
|
||||
|
||||
(3) Each officer or employee in the executive branch, including a special Government employee as defined in section 202 of title 18, 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; each member of a uniformed service whose pay grade is at or in excess of O–7 under section 201 of title 37; and each officer or employee in any other position determined by the Director of the Office of Government Ethics to be of equal classification.
|
||||
|
||||
(4) Each employee appointed pursuant to section 3105 of this title.
|
||||
|
||||
(5) Any employee not described in paragraph (3) who is in a position in the executive branch which is excepted from the competitive service by reason of being of a confidential or policymaking character, except that the Director of the Office of Government Ethics may, by regulation, exclude from the application of this paragraph any individual, or group of individuals, who are in such positions, but only in cases in which the Director determines such exclusion would not affect adversely the integrity of the Government or the public’s confidence in the integrity of the Government.
|
||||
|
||||
(6) The Postmaster General, the Deputy Postmaster General, each Governor of the Board of Governors of the United States Postal Service and each officer or employee of the United States Postal Service or Postal Regulatory Commission who occupies a position 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.
|
||||
|
||||
(7) The Director of the Office of Government Ethics and each designated agency ethics official.
|
||||
|
||||
(8) Any civilian employee not described in paragraph (3), employed in the Executive Office of the President (other than a special Government employee as defined in section 202 of title 18) who holds a commission of appointment from the President.
|
||||
|
||||
(9) A Member of Congress, as defined under section 13101 of this title.
|
||||
|
||||
(10) An officer or employee of the Congress, as defined under section 13101 of this title.
|
||||
|
||||
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4285.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendments Not Shown in TextThis section was derived from section 103 of the Ethics in Government Act of 1978, Pub. L. 95–521, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 103 of Pub. L. 95–521 was amended by Pub. L. 117–125, § 2(a)(1), (c)(1), May 13, 2022, 136 Stat. 1205, 1206, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(c), 7, Dec. 27, 2022, 136 Stat. 4285, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Subsection (l) of section 103 of Pub. L. 95–521 was amended as follows: (1) in paragraph (9), by striking “, as defined under section 109(12)”; (2) in paragraph (10), by striking “, as defined under section 109(13)”; and (3) by adding at the end the following: “(11) Each judicial officer. “(12) Each bankruptcy judge appointed under section 152 of title 28, United States Code. “(13) Each United States magistrate judge appointed under section 631 of title 28, United States Code.” The references to sections “109(12)” and “109(13)” in the quoted text directed to be stricken in subsection (l)(9) and (10) did not appear in the text as enacted by Pub. L. 117–286 but were changed to refer to “section 13101 of this title”.
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131055 U.S.C. App. (EGA § 103)Pub. L. 95–521, title I, § 103, Oct. 26, 1978, 92 Stat. 1831; Pub. L. 96–19, §§ 4(b)(2), 9(a), June 13, 1979, 93 Stat. 40, 42; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1736; Pub. L. 101–280, § 3(1), (4), May 4, 1990, 104 Stat. 152, 153; Pub. L. 102–90, title III, § 313(1), Aug. 14, 1991, 105 Stat. 469; Pub. L. 104–186, title II, § 216(1), Aug. 20, 1996, 110 Stat. 1747; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–55, title I, § 1003(a), Aug. 2, 2005, 119 Stat. 572; Pub. L. 112–105, §§ 6(a), 19(a), Apr. 4, 2012, 126 Stat. 293, 304; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 115–277, § 1(b), Nov. 3, 2018, 132 Stat. 4167. In subsection (h)(1)(A)(ii), the date “November 30, 1989” is substituted for “the date of the enactment of the Ethics Reform Act of 1989” to reflect the date of enactment of the Ethics Reform Act of 1989 (Public Law 101–194, 103 Stat. 1716). In subsection (i)(1), the reference to “section 312(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30113(a))” is substituted for “section 316(a) of the Federal Election Campaign Act of 1971” to correct an error in the law. Section 312(a), not section 316(a), of the Federal Election Campaign Act of 1971 contains provisions relating to the filing of copies of reports with the appropriate State officer. Section 312 of the Federal Election Campaign Act of 1971 was originally enacted as section 309, but was redesignated several times. The provision was redesignated as section 317 by section 208(a) of Public Law 93–443 (88 Stat. 1279), as section 316 by section 105 of Public Law 94–283 (90 Stat. 481), and as section 312 by section 105(4) of Public Law 96–187 (93 Stat. 1354). In subsection (j)(1), 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. In subsection (l)(8), the words “special Government employee as defined in section 202 of title 18” are substituted for “special government employee” for clarity and consistency with other provisions of the chapter.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 8(b) of the STOCK Act, referred to in subsec. (i)(2), is section 8(b) of Pub. L. 112–105, which is set out in a note under section 13107 of this title. The General Schedule, referred to in subsec. (l)(3), (6), is set out under section 5332 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2022 AmendmentPub. L. 117–125, § 2(a)(2), May 13, 2022, 136 Stat. 1205, provided that: “The amendment made by paragraph (1) [enacting subsec. (l)(11) to (13) of section 103 of Pub. L. 95–521, see Amendments Not Shown in Text note above] shall apply to applicable transactions occurring on or after the date that is 90 days after the date of enactment of this Act [May 13, 2022].”
|
||||
|
||||
Effective Date of 2005 AmendmentPub. L. 109–55, title I, § 1003(b), Aug. 2, 2005, 119 Stat. 572, as amended by Pub. L. 117–286, § 4(c)(14), Dec. 27, 2022, 136 Stat. 4355, provided that the amendment made by subsection (a) (amending section 103 of Pub. L. 95–521, restated as this section) applied with respect to reports filed under this chapter for calendar year 2005 and each succeeding calendar year.
|
||||
|
||||
Implementation of PTR Requirements Under STOCK ActPub. L. 112–173, § 2, Aug. 16, 2012, 126 Stat. 1310, as amended by Pub. L. 112–178, § 3(a), Sept. 28, 2012, 126 Stat. 1409, provided that: “Effective January 1, 2013, for purposes of implementing subsection (l) of [former] section 103 of the Ethics in Government Act of 1978 (as added by section 6 of the STOCK Act, Public Law 112–105) [see 5 U.S.C. 13105(l)], section 102(e) of such Act ([former] 5 U.S.C. App. 102(e)) [see 5 U.S.C. 13104(e)] shall apply as if the report under such subsection (l) were a report under section 101 of such Act ([former] 5 U.S.C. App. 101) [see 5 U.S.C. 13103] but only with respect to the transaction information required under such subsection (l).” [Pub. L. 112–178, § 3(b), Sept. 28, 2012, 126 Stat. 1409, provided that: [“(1) Effective date.—The amendments made by subsection (a) [amending section 2 of Pub. L. 112–173, set out above] shall take effect on January 1, 2013. [“(2) Rule of construction.—Before January 1, 2013, the amendments made by subsection (a) shall not affect the applicability of section 2 of the Act entitled ‘An Act to prevent harm to the national security or endangering the military officers and civilian employees to whom internet publication of certain information applies, and for other purposes’, approved August 16, 2012 [Pub. L. 112–173] (5 U.S.C. App. 103 note) [now 5 U.S.C. 13105 note], as in effect on the day before the effective date under paragraph (1).”] [Pub. L. 112–178, § 3(c), Sept. 28, 2012, 126 Stat. 1410, provided that: “Nothing in the amendments made by subsection (a) [amending section 2 of Pub. L. 112–173, set out above] shall be construed as affecting any requirement with respect to the House of Representatives or the executive branch in effect before January 1, 2013, with respect to the inclusion of transaction information for a report under section 103(l) of the Ethics in Government Act of 1978 ([former] 5 U.S.C. App. 103(l)) [see 5 U.S.C. 13105(l)].” ] [Pub. L. 112–178, § 3(d), Sept. 28, 2012, 126 Stat. 1410, provided that: “Nothing in this section [enacting and amending provisions set out as notes above] or the amendments made [by] this section shall be construed as affecting the requirement that took effect with respect to the Senate on July 3, 2012, which mandates the inclusion of transaction information for spouses and dependent children for a report under section 103(l) of the Ethics in Government Act of 1978 ([former] 5 U.S.C. App. 103(l)) [see 5 U.S.C. 13105(l)].” ]
|
||||
|
||||
Transaction Reporting RequirementsPub. L. 112–105, § 14, Apr. 4, 2012, 126 Stat. 300, provided that: “The transaction reporting requirements established by [former] section 103(l) of the Ethics in Government Act of 1978 [see 5 U.S.C. 13105(l)], as added by section 6 of this Act, shall not be construed to apply to a widely held investment fund (whether such fund is a mutual fund, regulated investment company, pension or deferred compensation plan, or other investment fund), if— “(1)(A) the fund is publicly traded; or “(B) the assets of the fund are widely diversified; and “(2) the reporting individual neither exercises control over nor has the ability to exercise control over the financial interests held by the fund.”
|
||||
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|
||||
---
|
||||
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||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
# 5 U.S.C. § 13106 - Failure to file or filing false reports
|
||||
|
||||
## Text
|
||||
|
||||
(a) Violation.— (1) Civil actions.— The Attorney General may bring a civil action in any appropriate United States district court against any individual who knowingly and willfully falsifies or who knowingly and willfully fails to file or report any information that such individual is required to report pursuant to section 13104 of this title. The court in which such action is brought may assess against such individual a civil penalty in any amount, not to exceed $50,000.
|
||||
|
||||
(2) Violations and penalties.— (A) Violations.— It shall be unlawful for any person to knowingly and willfully—
|
||||
|
||||
(i) falsify any information that such person is required to report under section 13104 of this title; and
|
||||
|
||||
(ii) fail to file or report any information that such person is required to report under section 13104 of this title.
|
||||
|
||||
(B) Penalties.— Any person who—
|
||||
|
||||
(i) violates subparagraph (A)(i) shall be fined under title 18, imprisoned for not more than 1 year, or both; and
|
||||
|
||||
(ii) violates subparagraph (A)(ii) shall be fined under title 18.
|
||||
|
||||
(b) Referral to Attorney General.— The head of each agency, each Secretary concerned, the Director of the Office of Government Ethics, each congressional ethics committee, or the Judicial Conference, as the case may be, shall refer to the Attorney General the name of any individual which such official or committee has reasonable cause to believe has willfully failed to file a report or has willfully falsified or willfully failed to file information required to be reported. Whenever the Judicial Conference refers a name to the Attorney General under this subsection, the Judicial Conference also shall notify the judicial council of the circuit in which the named individual serves of the referral.
|
||||
|
||||
(c) Personnel Action.— The President, the Vice President, the Secretary concerned, the head of each agency, the Office of Personnel Management, a congressional ethics committee, and the Judicial Conference, may take any appropriate personnel or other action in accordance with applicable law or regulation against any individual failing to file a report or falsifying or failing to report information required to be reported.
|
||||
|
||||
(d) Late Fees.— (1) In general.— Any individual who files a report required to be filed under this subchapter more than 30 days after the later of—
|
||||
|
||||
(A) the date such report is required to be filed pursuant to the provisions of this subchapter and the rules and regulations promulgated under this subchapter; or
|
||||
|
||||
(B) if a filing extension is granted to such individual under section 13103(g) of this title, the last day of the filing extension period,
|
||||
|
||||
shall, at the direction of and pursuant to regulations issued by the supervising ethics office, pay a filing fee of $200. All such fees shall be deposited in the miscellaneous receipts of the Treasury. The authority under this paragraph to direct the payment of a filing fee may be delegated by the supervising ethics office in the executive branch to other agencies in the executive branch.
|
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|
||||
(2) Waiver.— The supervising ethics office may waive the filing fee under this subsection in extraordinary circumstances.
|
||||
|
||||
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4288.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131065 U.S.C. App. (EGA § 104)Pub. L. 95–521, title I, § 104, Oct. 26, 1978, 92 Stat. 1832; Pub. L. 96–19, § 8(a), June 13, 1979, 93 Stat. 41; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1737; Pub. L. 101–280, § 3(1), (5), May 4, 1990, 104 Stat. 152, 154; Pub. L. 101–650, title IV, § 405, Dec. 1, 1990, 104 Stat. 5124; Pub. L. 110–81, title VII, § 702, Sept. 14, 2007, 121 Stat. 775. In subsection (d)(1) (matter after subparagraph (B)), the extra period at the end is removed to correct an error in the law. The extra period resulted from an amendment to the source law made by section 3(5)(B) of Public Law 101–280 (104 Stat. 154).
|
||||
@@ -0,0 +1,119 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13107"
|
||||
description: "Custody of and public access to reports"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13107"
|
||||
citation: "5 U.S.C. § 13107"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13107"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "d3e047f8edd183ef8d2a7b13838c84ac9fbf570c8e0a7151025a6ae8eb1174de"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "c9d1ec55297e3ddc58fb73aeeebf7aedfab5f2133dcdb19a90698256066a311d"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13107 - Custody of and public access to reports
|
||||
|
||||
## Text
|
||||
|
||||
(a) Availability of Reports to Public.— Each agency, each supervising ethics office in the executive or judicial branch, the Clerk of the House of Representatives, and the Secretary of the Senate shall make available to the public, in accordance with subsection (b), each report filed under this subchapter with such agency or office or with the Clerk or the Secretary of the Senate, except that—
|
||||
|
||||
(1) this section does not require public availability of a report filed by any individual in the Office of the Director of National Intelligence, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, or the National Security Agency, or any individual engaged in intelligence activities in any agency of the United States, if the President finds or has found that, due to the nature of the office or position occupied by such individual, public disclosure of such report would, by revealing the identity of the individual or other sensitive information, compromise the national interest of the United States; and such individuals may be authorized, notwithstanding section 13106(a) of this title, to file such additional reports as are necessary to protect their identity from public disclosure if the President first finds or has found that such filing is necessary in the national interest; and
|
||||
|
||||
(2) any report filed by an independent counsel whose identity has not been disclosed by the division of the court under chapter 40 of title 28, and any report filed by any person appointed by that independent counsel under such chapter, shall not be made available to the public under this subchapter.
|
||||
|
||||
(b) Inspection of Reports.— (1) In general.— Except as provided in the second sentence of this subsection, each agency, each supervising ethics office in the executive or judicial branch, the Clerk of the House of Representatives, and the Secretary of the Senate shall, within 30 days after any report is received under this subchapter by such agency or office or by the Clerk or the Secretary of the Senate, as the case may be, permit inspection of such report by or furnish a copy of such report to any person requesting such inspection or copy. With respect to any report required to be filed by May 15 of any year, such report shall be made available for public inspection within 30 calendar days after May 15 of such year or within 30 days of the date of filing of such a report for which an extension is granted pursuant to section 13103(g) of this title. The agency, office, Clerk, or Secretary of the Senate, as the case may be, may require a reasonable fee to be paid in any amount which is found necessary to recover the cost of reproduction or mailing of such report excluding any salary of any employee involved in such reproduction or mailing. A copy of such report may be furnished without charge or at a reduced charge if it is determined that waiver or reduction of the fee is in the public interest.
|
||||
|
||||
(2) Procedure for requesting reports.— Notwithstanding paragraph (1), a report may not be made available under this section to any person nor may any copy of the report be provided under this section to any person except upon a written application by such person stating—
|
||||
|
||||
(A) that person’s name, occupation, and address;
|
||||
|
||||
(B) the name and address of any other person or organization on whose behalf the inspection or copy is requested; and
|
||||
|
||||
(C) that such person is aware of the prohibitions on the obtaining or use of the report.
|
||||
|
||||
Any such application shall be made available to the public throughout the period during which the report is made available to the public.
|
||||
|
||||
(3) Judicial employees and officers.— (A) In general.— This section does not require the immediate and unconditional availability of reports filed by an individual described in paragraph (9) or (10) of section 13101 of this title if a finding is made by the Judicial Conference, in consultation with the United States Marshals Service, that revealing personal and sensitive information could endanger that individual or a family member of that individual.
|
||||
|
||||
(B) Redaction.— A report may be redacted pursuant to this paragraph only—
|
||||
|
||||
(i) to the extent necessary to protect the individual who filed the report or a family member of that individual; and
|
||||
|
||||
(ii) for as long as the danger to such individual exists.
|
||||
|
||||
(C) Redaction report.— The Administrative Office of the United States Courts shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Reform an annual report with respect to the operation of this paragraph including—
|
||||
|
||||
(i) the total number of reports redacted pursuant to this paragraph;
|
||||
|
||||
(ii) the total number of individuals whose reports have been redacted pursuant to this paragraph;
|
||||
|
||||
(iii) the types of threats against individuals whose reports are redacted, if appropriate;
|
||||
|
||||
(iv) the nature or type of information redacted;
|
||||
|
||||
(v) what steps or procedures are in place to ensure that sufficient information is available to litigants to determine if there is a conflict of interest;
|
||||
|
||||
(vi) principles used to guide implementation of redaction authority; and
|
||||
|
||||
(vii) any public complaints received relating to redaction.
|
||||
|
||||
(D) Regulations.— The Judicial Conference, in consultation with the Department of Justice, shall issue regulations setting forth the circumstances under which redaction is appropriate under this paragraph and the procedures for redaction.
|
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|
||||
(E) Expiration of paragraph.— This paragraph shall expire on December 31, 2027, and apply to filings through calendar year 2027.
|
||||
|
||||
(c) Prohibited Uses of Reports.— (1) In general.— It shall be unlawful for any person to obtain or use a report—
|
||||
|
||||
(A) for any unlawful purpose;
|
||||
|
||||
(B) for any commercial purpose, other than by news and communications media for dissemination to the general public;
|
||||
|
||||
(C) for determining or establishing the credit rating of any individual; or
|
||||
|
||||
(D) for use, directly or indirectly, in the solicitation of money for any political, charitable, or other purpose.
|
||||
|
||||
(2) Civil actions.— The Attorney General may bring a civil action against any person who obtains or uses a report for any purpose prohibited in paragraph (1) of this subsection. The court in which such action is brought may assess against such person a penalty in any amount not to exceed $10,000. Such remedy shall be in addition to any other remedy available under statutory or common law.
|
||||
|
||||
(d) Retention of Reports.— (1) In general.— Any report filed with or transmitted to an agency or supervising ethics office or to the Clerk of the House of Representatives or the Secretary of the Senate pursuant to this subchapter shall be retained by such agency or office or by the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be.
|
||||
|
||||
(2) Public availability.— Such report shall be made available to the public—
|
||||
|
||||
(A) in the case of a Member of Congress, until a date that is 6 years from the date the individual ceases to be a Member of Congress; and
|
||||
|
||||
(B) in the case of all other reports filed pursuant to this subchapter, for a period of 6 years after receipt of the report.
|
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|
||||
(3) Destruction of reports.— After the relevant time period identified under paragraph (2), the report shall be destroyed unless needed in an ongoing investigation, except that in the case of an individual who filed the report pursuant to section 13103(b) of this title and was not subsequently confirmed by the Senate, or who filed the report pursuant to section 13103(c) of this title and was not subsequently elected, such reports shall be destroyed 1 year after the individual either is no longer under consideration by the Senate or is no longer a candidate for nomination or election to the Office of President, Vice President, or as a Member of Congress, unless needed in an ongoing investigation or inquiry.
|
||||
|
||||
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4289.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendments Not Shown in TextThis section was derived from section 105 of the Ethics in Government Act of 1978, Pub. L. 95–521, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 105 of Pub. L. 95–521 was amended by Pub. L. 117–125, § 2(b), (c)(2), May 13, 2022, 136 Stat. 1205, 1206, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(c), 7, Dec. 27, 2022, 136 Stat. 4289, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Section 105 of Pub. L. 95–521 was amended as follows: (1) in subsection (a)(1), by striking “be revealing” and inserting “by revealing”; (2) in subsection (b)— (A) in paragraph (1), in the first sentence, by striking “be,,” and inserting “be,” and, in the third sentence, by striking “may be may” and inserting “may be, may”; and (B) in paragraph (3)(A), by striking “described in section 109(8) or 109(10) of this Act” and inserting “who is a judicial officer or a judicial employee”; and (3) by redesignating subsections (c) and (d) as (d) and (e), respectively, and by inserting after subsection (b) the following: “(c) Online Publication of Financial Disclosure Reports of Federal Judges.— “(1) Establishment of database.—Subject to paragraph (4), not later than 180 days after the date of enactment of the Courthouse Ethics and Transparency Act, the Administrative Office of the United States Courts shall establish a searchable internet database to enable public access to any report required to be filed under this title by a judicial officer, bankruptcy judge, or magistrate judge. “(2) Availability.—Not later than 90 days after the date on which a report is required to be filed under this title by a judicial officer, bankruptcy judge, or magistrate judge, the Administrative Office of the United States Courts shall make the report available on the database established under paragraph (1) in a full-text searchable, sortable, and downloadable format for access by the public. “(3) Redaction.—Any report made available on the database established under paragraph (1) shall not contain any information that is redacted in accordance with subsection (b)(3). “(4) Additional time.— “(A) In general.—Subject to subparagraph (B), the requirements of this subsection may be implemented after the date described in paragraph (1) if the Administrative Office of the United States Courts identifies in writing to the relevant committees of Congress the additional time needed for that implementation. “(B) Publication requirement.—The Administrative Office of the United States Courts shall continue to make the reports described in paragraph (1) available to the public during the period in which the Administrative Office of the United States Courts establishes the database under this subsection.” The substitutions directed to subsections (a)(1) and (b)(1) had already been made in the text of this section as restated by Pub. L. 117–286. The reference to “section 109(8) or 109(10) of this Act” in the quoted text directed to be stricken in subsection (b)(3)(A) did not appear in the text as enacted by Pub. L. 117–286 but was changed to refer to “paragraph (9) or (10) of section 13101 of this title”. The date of enactment of the Courthouse Ethics and Transparency Act, referred to in subsection (c)(1) as set out above, is the date of enactment of Pub. L. 117–125, which was approved May 13, 2022.
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131075 U.S.C. App. (EGA § 105)Pub. L. 95–521, title I, § 105, Oct. 26, 1978, 92 Stat. 1833; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1737; Pub. L. 101–280, § 3(6), May 4, 1990, 104 Stat. 154; Pub. L. 102–90, title III, § 313(2), Aug. 14, 1991, 105 Stat. 469; Pub. L. 103–359, title V, § 501(m), Oct. 14, 1994, 108 Stat. 3430; Pub. L. 104–201, div. A, title XI, § 1122(b)(2), Sept. 23, 1996, 110 Stat. 2687; Pub. L. 105–318, § 7, Oct. 30, 1998, 112 Stat. 3011; Pub. L. 107–126, Jan. 16, 2002, 115 Stat. 2404; Pub. L. 108–458, title I, § 1079(c), Dec. 17, 2004, 118 Stat. 3696; Pub. L. 110–24, §§ 2, 3, May 3, 2007, 121 Stat. 100; Pub. L. 110–177, title I, § 104, Jan. 7, 2008, 121 Stat. 2535; Pub. L. 110–417, [div. A], title IX, § 931(b)(1), Oct. 14, 2008, 122 Stat. 4575; Pub. L. 112–84, § 1, Jan. 3, 2012, 125 Stat. 1870; Pub. L. 112–105, § 8(c), Apr. 4, 2012, 126 Stat. 296; Pub. L. 115–141, div. M, title VI, § 601, Mar. 23, 2018, 132 Stat. 1051. In subsection (a)(1), the word “by” is substituted for “be” to correct an error in the law. The change appears in the phrase “public disclosure of such report would, by [be] revealing the identity of the individual or other sensitive information, compromise the national interest of the United States”. In subsection (b)(3)(C) (matter before clause (i)), the words “Committee on Oversight and Reform” are substituted for “Committee on Oversight and Government Reform” on authority of Rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (116th Congress, January 9, 2019).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
|
||||
|
||||
Public, Online Disclosure of Financial Disclosure FormsPub. L. 113–7, § 1(a)(1), (2), Apr. 15, 2013, 127 Stat. 438, provided that: “(1) In general.—Except with respect to financial disclosure forms filed by officers and employees referred to in paragraph (2), section 8(a) and section 11(a) of the STOCK Act [Pub. L. 112–105] (5 U.S.C. App. 105 note[s]) [now 5 U.S.C. 13107 notes, set out below] shall not be effective. “(2) Exempted officers and employees.—The officer and employees referred to in paragraph (1) are the following:“(A) The President. “(B) The Vice President. “(C) Any Member of Congress. “(D) Any candidate for Congress. “(E) Any officer occupying a position listed in section 5312 or section 5313 of title 5, United States Code, having been nominated by the President and confirmed by the Senate to that position.”
|
||||
|
||||
Public Filing and Disclosure of Financial Disclosure Forms of Members of Congress and Congressional StaffPub. L. 112–105, § 8(a), (b), Apr. 4, 2012, 126 Stat. 295, as amended by Pub. L. 112–173, § 1(1), Aug. 16, 2012, 126 Stat. 1310; Pub. L. 113–7, § 1(b)(1), Apr. 15, 2013, 127 Stat. 438; Pub. L. 117–286, § 4(c)(15), Dec. 27, 2022, 136 Stat. 4355, provided that: “(a) Public, Online Disclosure of Financial Disclosure Forms of Members of Congress and Congressional Staff.—“(1) In general.—Not later than September 30, 2012, or 90 days after the date of enactment of this Act [Apr. 4, 2012], whichever is later, the Secretary of the Senate and the Sergeant at Arms of the Senate, and the Clerk of the House of Representatives, shall ensure that financial disclosure forms filed by Members of Congress, candidates for Congress, and employees of Congress in calendar year 2012 and in subsequent years pursuant to subchapter I of chapter 131 of title 5, United States Code, are made available to the public on the respective official websites of the Senate and the House of Representatives not later than 30 days after such forms are filed. “(2) Extensions.—Notices of extension for financial disclosure shall be made available electronically under this subsection along with its related disclosure. “(3) Reporting transactions.—In the case of a transaction disclosure required by section 13105(l) of title 5, United States Code, such disclosure shall be filed not later than the date required by that section. Notices of extension for transaction disclosure shall be made available electronically under this subsection along with its related disclosure. “(4) Expiration.—The requirements of this subsection shall expire upon implementation of the public disclosure system established under subsection (b). “(b) Electronic Filing and Online Public Availability of Financial Disclosure Forms of Members of Congress.—“(1) In general.—Subject to paragraph (6) and not later than January 1, 2014, the Secretary of the Senate and the Sergeant at Arms of the Senate and the Clerk of the House of Representatives shall develop systems to enable—“(A) electronic filing of reports received by them pursuant to section 13105(h)(1)(A) of title 5, United States Code; and “(B) public access to—“(i) financial disclosure reports filed by Members of Congress and candidates for Congress, “(ii) reports filed by Members of Congress and candidates for Congress of a transaction disclosure required by section 13105(l) of title 5, United States Code, and “(iii) notices of extensions, amendments, and blind trusts, with respect to financial disclosure reports described in clauses (i) and (ii), pursuant to subchapter I of chapter 131 of title 5, United States Code, through databases that are maintained on the official websites of the House of Representatives and the Senate. “(2) Login.—For purposes of filings under paragraph (1)(B), section 13107(b)(2) of title 5, United States Code, does not apply. “(3) Public availability.—Pursuant to section 13107(b)(1) of title 5, United States Code, electronic availability on the official websites of the Senate and the House of Representatives under paragraph (1)(B) shall be deemed to have met the public availability requirement. “(4) Filers covered.—Individuals required under chapter 131 of title 5, United States Code, or the Senate Rules to file financial disclosure reports with the Secretary of the Senate or the Clerk of the House of Representatives shall be able to file reports electronically using the systems developed by the Secretary of the Senate, the Sergeant at Arms of the Senate, and the Clerk of the House of Representatives. “(5) Extensions.—Notices of extension for financial disclosure shall be made available electronically under paragraph (1)(B) along with its related disclosure. “(6) Additional time.—The requirements of this subsection may be implemented after the date provided in paragraph (1) if the Secretary of the Senate or the Clerk of the House of Representatives identifies in writing to relevant congressional committees the additional time needed for such implementation.” [Pub. L. 117–286, § 4(c)(15), which directed amendment of section 8 of the “Stop Trading on Congressional Knowledge Act of 2012 (Public Law 112–105, 126 Stat. 295, 5 U.S.C. App. 105 note)”, was executed to section 8 of Pub. L. 112–105, set out above, known as the “Representative Louise McIntosh Slaughter Stop Trading on Congressional Knowledge Act” or the “STOCK Act”, to reflect the probable intent of Congress.] [For definitions of terms used in section 8 of Pub. L. 112–105, set out above, see section 2 of Pub. L. 112–105, set out as a note under section 13101 of this title.]
|
||||
|
||||
Executive Branch ReportingPub. L. 112–105, § 11, Apr. 4, 2012, 126 Stat. 298, as amended by Pub. L. 112–173, § 1(2), Aug. 16, 2012, 126 Stat. 1310; Pub. L. 113–7, § 1(b)(2), Apr. 15, 2013, 127 Stat. 439; Pub. L. 117–286, § 4(c)(16), Dec. 27, 2022, 136 Stat. 4355, provided that: “(a) Executive Branch Reporting.—“(1) In general.—Not later than September 30, 2012, or 90 days after the date of enactment of this Act [Apr. 4, 2012], whichever is later, the President shall ensure that financial disclosure forms filed pursuant to subchapter I of chapter 131 of title 5, United States Code, in calendar year 2012 and in subsequent years, by executive branch employees specified in section 13103 of title 5, United States Code, are made available to the public on the official websites of the respective executive branch agencies not later than 30 days after such forms are filed. “(2) Extensions.—Notices of extension for financial disclosure shall be made available electronically along with the related disclosure. “(3) Reporting transactions.—In the case of a transaction disclosure required by section 13105(l) of title 5, United States Code, such disclosure shall be filed not later than the date required by that section. Notices of extension for transaction disclosure shall be made available electronically under this subsection along with its related disclosure. “(4) Expiration.—The requirements of this subsection shall expire upon implementation of the public disclosure system established under subsection (b). “(b) Electronic Filing and Online Public Availability of Financial Disclosure Forms of Certain Executive Branch Officials.—“(1) In general.—Subject to paragraph (6), and not later than January 1, 2014, the President, acting through the Director of the Office of Government Ethics, shall develop systems to enable—“(A) electronic filing of reports required by section 13105 of title 5, United States Code, other than subsection (h) of such section; and “(B) public access to—“(i) financial disclosure reports filed by the President, the Vice President, and any officer occupying a position listed in section 5312 or section 5313 of title 5, United States Code, having been nominated by the President and confirmed by the Senate to that position, “(ii) reports filed by any individual described in clause (i) of a transaction disclosure required by section 13105(l) of title 5, United States Code, and “(iii) notices of extensions, amendments, and blind trusts, with respect to financial disclosure reports described in clauses (i) and (ii), pursuant to subchapter I of chapter 131 of title 5, United States Code, through databases that are maintained on the official website of the Office of Government Ethics. “(2) Login.—For purposes of filings under paragraph (1)(B), section 13107(b)(2) of title 5, United States Code, does not apply. “(3) Public availability.—Pursuant to section 13107(b)(1) of title 5, United States Code, electronic availability on the official website of the Office of Government Ethics under paragraph (1)(B) shall be deemed to have met the public availability requirement. “(4) Filers covered.—Executive branch employees required under subchapter I of chapter 131 of title 5, United States Code, to file financial disclosure reports shall be able to file the reports electronically with their supervising ethics office. “(5) Extensions.—Notices of extension for financial disclosure shall be made available electronically under paragraph (1)(B) along with its related disclosure. “(6) Additional time.—The requirements of this subsection may be implemented after the date provided in paragraph (1) if the Director of the Office of Government Ethics, after consultation with the Clerk of the House of Representatives and Secretary of the Senate, identifies in writing to relevant congressional committees the additional time needed for such implementation.” [Pub. L. 117–286, § 4(c)(16), which directed amendment of section 11 of the “Stop Trading on Congressional Knowledge Act of 2012 (Public Law 112–105, 126 Stat. 298, 5 U.S.C. App. 105 note)”, was executed to section 11 of Pub. L. 112–105, set out above, known as the “Representative Louise McIntosh Slaughter Stop Trading on Congressional Knowledge Act” or the “STOCK Act”, to reflect the probable intent of Congress.] [For definitions of terms used in section 11 of Pub. L. 112–105, set out above, see section 2 of Pub. L. 112–105, set out as a Definitions note under section 13101 of this title.]
|
||||
|
||||
Public Availability of Reports Filed Under Pre-1991 Ethics in Government Act ProvisionsPub. L. 101–280, § 9, May 4, 1990, 104 Stat. 162, provided that: “Those reports filed under title I [former 2 U.S.C. 701 et seq.], II [formerly set out under the heading Executive Personnel Financial Disclosure Requirements in the Appendix to this title], or III [formerly set out under the heading Judicial Personnel Financial Disclosure Requirements in the Appendix to Title 28, Judiciary and Judicial Procedure] of the Ethics in Government Act of 1978 [Pub. L. 95–521], as in effect before January 1, 1991, shall be made available to the public on or after such date in accordance with [former] section 105 of that Act [see 5 U.S.C. 13107], as amended by the Ethics Reform Act of 1989 [Pub. L. 101–194], and the provisions of such section shall apply with respect to those reports.”
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13108"
|
||||
description: "Review of reports"
|
||||
jurisdiction: "us"
|
||||
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|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13108"
|
||||
citation: "5 U.S.C. § 13108"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13108"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13108 - Review of reports
|
||||
|
||||
## Text
|
||||
|
||||
(a) Time for Review.— (1) Executive branch.— Each designated agency ethics official or Secretary concerned shall make provisions to ensure that each report filed with the designated agency ethics official or Secretary under this subchapter is reviewed within 60 days after the date of such filing, except that the Director of the Office of Government Ethics shall review only those reports required to be transmitted to the Director of the Office of Government Ethics under this subchapter within 60 days after the date of transmittal.
|
||||
|
||||
(2) Congressional ethics committee and judicial conference.— Each congressional ethics committee and the Judicial Conference shall make provisions to ensure that each report filed under this subchapter is reviewed within 60 days after the date of such filing.
|
||||
|
||||
(b) Results of Review.— (1) Compliance.— If after reviewing any report under subsection (a), the Director of the Office of Government Ethics, the Secretary concerned, the designated agency ethics official, a person designated by the congressional ethics committee, or a person designated by the Judicial Conference, as the case may be, is of the opinion that on the basis of information contained in such report the individual submitting such report is in compliance with applicable laws and regulations, he or she shall state such opinion on the report, and shall sign such report.
|
||||
|
||||
(2) Additional information required or possible noncompliance.— If the Director of the Office of Government Ethics, the Secretary concerned, the designated agency ethics official, a person designated by the congressional ethics committee, or a person designated by the Judicial Conference, after reviewing any report under subsection (a)—
|
||||
|
||||
(A) believes additional information is required to be submitted, he or she shall notify the individual submitting such report what additional information is required and the time by which it must be submitted; or
|
||||
|
||||
(B) is of the opinion, on the basis of information submitted, that the individual is not in compliance with applicable laws and regulations, he or she shall notify the individual, afford a reasonable opportunity for a written or oral response, and after consideration of such response, reach an opinion as to whether or not, on the basis of information submitted, the individual is in compliance with such laws and regulations.
|
||||
|
||||
(3) Noncompliance and notification of steps to assure compliance.— If the Director of the Office of Government Ethics, the Secretary concerned, the designated agency ethics official, a person designated by a congressional ethics committee, or a person designated by the Judicial Conference, reaches an opinion under paragraph (2)(B) that an individual is not in compliance with applicable laws and regulations, the official or committee shall notify the individual of that opinion and, after an opportunity for personal consultation (if practicable), determine and notify the individual of which steps, if any, would in the opinion of such official or committee be appropriate for assuring compliance with such laws and regulations and the date by which such steps should be taken. Such steps may include, as appropriate—
|
||||
|
||||
(A) divestiture;
|
||||
|
||||
(B) restitution;
|
||||
|
||||
(C) the establishment of a blind trust;
|
||||
|
||||
(D) request for an exemption under section 208(b) of title 18; or
|
||||
|
||||
(E) voluntary request for transfer, reassignment, limitation of duties, or resignation.
|
||||
|
||||
The use of any such steps shall be in accordance with such rules or regulations as the supervising ethics office may prescribe.
|
||||
|
||||
(4) Referral of individuals in positions requiring senate confirmation.— If steps for assuring compliance with applicable laws and regulations are not taken by the date set under paragraph (3) by an individual in a position in the executive branch (other than in the Foreign Service or the uniformed services), appointment to which requires the advice and consent of the Senate, the matter shall be referred to the President for appropriate action.
|
||||
|
||||
(5) Referral of member of foreign service or uniformed services.— If steps for assuring compliance with applicable laws and regulations are not taken by the date set under paragraph (3) by a member of the Foreign Service or the uniformed services, the Secretary concerned shall take appropriate action.
|
||||
|
||||
(6) Referral of other officers or employees.— If steps for assuring compliance with applicable laws and regulations are not taken by the date set under paragraph (3) by any other officer or employee, the matter shall be referred to the head of the appropriate agency, the congressional ethics committee, or the Judicial Conference, for appropriate action, except that in the case of the Postmaster General or Deputy Postmaster General, the Director of the Office of Government Ethics shall recommend to the Governors of the Board of Governors of the United States Postal Service the action to be taken.
|
||||
|
||||
(7) Advisory opinions.— Each supervising ethics office may render advisory opinions interpreting this subchapter within its respective jurisdiction. Notwithstanding any other provision of law, the individual to whom a public advisory opinion is rendered in accordance with this paragraph, and any other individual covered by this subchapter who is involved in a fact situation which is indistinguishable in all material aspects, and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of such act, be subject to any penalty or sanction provided by this subchapter.
|
||||
|
||||
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4292.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131085 U.S.C. App. (EGA § 106)Pub. L. 95–521, title I, § 106, Oct. 26, 1978, 92 Stat. 1833; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1739; Pub. L. 101–280, § 3(1), (7), May 4, 1990, 104 Stat. 152, 155.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13109"
|
||||
description: "Confidential reports and other additional requirements"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13109"
|
||||
citation: "5 U.S.C. § 13109"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13109"
|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13109 - Confidential reports and other additional requirements
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) Authority to require confidential financial disclosure reports.— Each supervising ethics office may require officers and employees under its jurisdiction (including special Government employees as defined in section 202 of title 18) to file confidential financial disclosure reports, in such form as the supervising ethics office may prescribe. The information required to be reported under this subsection by the officers and employees of any department or agency shall be set forth in rules or regulations prescribed by the supervising ethics office, and may be less extensive than otherwise required by this subchapter, or more extensive when determined by the supervising ethics office to be necessary and appropriate in light of sections 202 through 209 of title 18, regulations promulgated under those sections, or the authorized activities of such officers or employees. Any individual required to file a report pursuant to section 13103 of this title shall not be required to file a confidential report pursuant to this subsection, except with respect to information which is more extensive than information otherwise required by this subchapter. Subsections (a), (b), and (d) of section 13107 of this title shall not apply with respect to any such report.
|
||||
|
||||
(2) Confidentiality.— Any information required to be provided by an individual under this subsection shall be confidential and shall not be disclosed to the public.
|
||||
|
||||
(3) No exemption from other reporting requirements.— Nothing in this subsection exempts any individual otherwise covered by the requirement to file a public financial disclosure report under this subchapter from such requirement.
|
||||
|
||||
(b) Preemption.— The provisions of this subchapter requiring the reporting of information shall supersede any general requirement under any other provision of law or regulation with respect to the reporting of information required for purposes of preventing conflicts of interest or apparent conflicts of interest. Such provisions of this subchapter shall not supersede the requirements of section 7342 of this title.
|
||||
|
||||
(c) No Authorization for Activity Otherwise Prohibited.— Nothing in this chapter requiring reporting of information shall be deemed to authorize the receipt of income, gifts, or reimbursements; the holding of assets, liabilities, or positions; or the participation in transactions that are prohibited by law, Executive order, rule, or regulation.
|
||||
|
||||
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4294.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendments Not Shown in TextThis section was derived from section 107 of the Ethics in Government Act of 1978, Pub. L. 95–521, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 107 of Pub. L. 95–521 was amended by Pub. L. 117–125, § 2(c)(3), May 13, 2022, 136 Stat. 1207, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(c), 7, Dec. 27, 2022, 136 Stat. 4294, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Subsection (a)(1) of section 107 of Pub. L. 95–521 was amended in the last sentence by striking “and (d)” and inserting “and (e)”. Such amendment was to conform with an amendment to section 105 of Pub. L. 95–521 redesignating subsection (d) as (e), see Amendments Not Shown in Text note set out under section 13107 of this title.
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131095 U.S.C. App. (EGA § 107)Pub. L. 95–521, title I, § 107, Oct. 26, 1978, 92 Stat. 1834; Pub. L. 96–19, § 9(d), (g), June 13, 1979, 93 Stat. 42, 43; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1740.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13110"
|
||||
description: "Authority of Comptroller General"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13110"
|
||||
citation: "5 U.S.C. § 13110"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13110"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "127ca02601f52229d333bc8cbb5d7515a89c86175b6d4842420c61068ce5b17b"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "de34e463b80a5b1d6ee6bc06dd33e3c45dfe8c670450bccbdef0c94fe25157d7"
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||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13110 - Authority of Comptroller General
|
||||
|
||||
## Text
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131105 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.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13111"
|
||||
description: "Notice of actions taken to comply with ethics agreements"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13111"
|
||||
citation: "5 U.S.C. § 13111"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13111"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "a9522bae6dcc288e58fca74f0b10d5e1cb845160e4b9621ccb5408a5774784d8"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "a809c9cad8fc5ebfc9a0aedb652c854465b3040f4466a1daf573d58a1d670c71"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13111 - Notice of actions taken to comply with ethics agreements
|
||||
|
||||
## Text
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131115 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.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13121"
|
||||
description: "Establishment; appointment of Director"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13121"
|
||||
citation: "5 U.S.C. § 13121"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13121"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "873357b887e4c995b4d4d42c76ff723d79e0f7e73a80b9aaf0f481bf400ec055"
|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13121 - Establishment; appointment of Director
|
||||
|
||||
## Text
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131215 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.
|
||||
@@ -0,0 +1,151 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13122"
|
||||
description: "Authority and functions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13122"
|
||||
citation: "5 U.S.C. § 13122"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13122"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "fa571a7e7f0dd341d25bc21e3a4fe0d3879046e0efa6282b43c002384e5d5b16"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "d1e50e50c0a61429d58e9d5e6b2b5d8beb2343a919f6590a8dec88aaf0e5a0c8"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13122 - Authority and functions
|
||||
|
||||
## Text
|
||||
|
||||
(a) Overall Direction of Executive Branch Policies Relating to Prevention of Conflicts of Interest.— The Director shall provide, in consultation with the Office of Personnel Management, overall direction of executive branch policies related to preventing conflicts of interest on the part of officers and employees of any executive agency, as defined in section 105 of this title.
|
||||
|
||||
(b) Responsibilities of Director.— The responsibilities of the Director shall include—
|
||||
|
||||
(1) developing, in consultation with the Attorney General and the Office of Personnel Management, rules and regulations to be promulgated by the President or the Director pertaining to conflicts of interest and ethics in the executive branch, including rules and regulations establishing procedures for the filing, review, and public availability of financial statements filed by officers and employees in the executive branch as required by subchapter I;
|
||||
|
||||
(2) developing, in consultation with the Attorney General and the Office of Personnel Management, rules and regulations to be promulgated by the President or the Director pertaining to the identification and resolution of conflicts of interest;
|
||||
|
||||
(3) monitoring and investigating compliance with the public financial disclosure requirements of subchapter I by officers and employees of the executive branch and executive agency officials responsible for receiving, reviewing, and making available financial statements filed pursuant to subchapter I;
|
||||
|
||||
(4) conducting a review of financial statements to determine whether such statements reveal possible violations of applicable conflict of interest laws or regulations and recommending appropriate action to correct any conflict of interest or ethical problems revealed by such review;
|
||||
|
||||
(5) monitoring and investigating individual and agency compliance with any additional financial reporting and internal review requirements established by law for the executive branch;
|
||||
|
||||
(6) interpreting rules and regulations issued by the President or the Director governing conflict of interest and ethical problems and the filing of financial statements;
|
||||
|
||||
(7) consulting, when requested, with agency ethics counselors and other responsible officials regarding the resolution of conflict of interest problems in individual cases;
|
||||
|
||||
(8) establishing a formal advisory opinion service whereby advisory opinions are rendered on matters of general applicability or on important matters of first impression after, to the extent practicable, providing interested parties with an opportunity to transmit written comments with respect to the request for such advisory opinion, and whereby such advisory opinions are compiled, published, and made available to agency ethics counselors and the public;
|
||||
|
||||
(9) ordering corrective action on the part of agencies and employees which the Director deems necessary;
|
||||
|
||||
(10) requiring such reports from executive agencies as the Director deems necessary;
|
||||
|
||||
(11) assisting the Attorney General in evaluating the effectiveness of the conflict of interest laws and in recommending appropriate amendments;
|
||||
|
||||
(12) evaluating, with the assistance of the Attorney General and the Office of Personnel Management, the need for changes in rules and regulations issued by the Director and the agencies regarding conflict of interest and ethical problems, with a view toward making such rules and regulations consistent with and an effective supplement to the conflict of interest laws;
|
||||
|
||||
(13) cooperating with the Attorney General in developing an effective system for reporting allegations of violations of the conflict of interest laws to the Attorney General, as required by section 535 of title 28;
|
||||
|
||||
(14) providing information on and promoting understanding of ethical standards in executive agencies; and
|
||||
|
||||
(15) developing, in consultation with the Office of Personnel Management, and promulgating such rules and regulations as the Director determines necessary or desirable with respect to the evaluation of any item required to be reported by subchapter I.
|
||||
|
||||
(c) Consultation.— In the development of policies, rules, regulations, procedures, and forms to be recommended, authorized, or prescribed by the Director, the Director shall consult when appropriate with the executive agencies affected and with the Attorney General.
|
||||
|
||||
(d) Established Written Procedures.— (1) In general.— The Director shall, by the exercise of any authority otherwise available to the Director under this subchapter, ensure that each executive agency has established written procedures relating to how the agency is to collect, review, evaluate, and, if applicable, make publicly available, financial disclosure statements filed by any of its officers or employees.
|
||||
|
||||
(2) Conformance with applicable requirements.— In carrying out paragraph (1), the Director shall ensure that each agency’s procedures are in conformance with all applicable requirements, whether established by law, rule, regulation, or Executive order.
|
||||
|
||||
(e) Reports From Executive Agencies.— In carrying out subsection (b)(10), the Director shall prescribe regulations under which—
|
||||
|
||||
(1) each executive agency shall be required to submit to the Office an annual report containing—
|
||||
|
||||
(A) a description and evaluation of the agency’s ethics program, including any educational, counseling, or other services provided to officers and employees, in effect during the period covered by the report;
|
||||
|
||||
(B) the position title and duties of—
|
||||
|
||||
(i) each official who was designated by the agency head to have primary responsibility for the administration, coordination, and management of the agency’s ethics program during any portion of the period covered by the report; and
|
||||
|
||||
(ii) each officer or employee who was designated to serve as an alternate to the official having primary responsibility during any portion of such period; and
|
||||
|
||||
(C) any other information that the Director may require in order to carry out the responsibilities of the Director under this subchapter; and
|
||||
|
||||
(2) each executive agency shall be required to inform the Director upon referral of any alleged violation of Federal conflict of interest law to the Attorney General pursuant to section 535 of title 28, except that nothing under this paragraph shall require any notification or disclosure which would otherwise be prohibited by law.
|
||||
|
||||
(f) Corrective Actions.— (1) Executive agencies.— In carrying out subsection (b)(9) with respect to executive agencies, the Director—
|
||||
|
||||
(A) may—
|
||||
|
||||
(i) order specific corrective action on the part of an agency based on the failure of such agency to establish a system for the collection, filing, review, and, when applicable, public inspection of financial disclosure statements, in accordance with applicable requirements, or to modify an existing system in order to meet applicable requirements; or
|
||||
|
||||
(ii) order specific corrective action involving the establishment or modification of an agency ethics program (other than with respect to any matter under clause (i)) in accordance with applicable requirements; and
|
||||
|
||||
(B) shall, if an agency has not complied with an order under subparagraph (A) within a reasonable period of time, notify the President and the Congress of the agency’s noncompliance in writing (including, with the notification, any written comments which the agency may provide).
|
||||
|
||||
(2) Individual officers and employees.— (A) In general.— In carrying out subsection (b)(9) with respect to individual officers and employees—
|
||||
|
||||
(i) the Director may make such recommendations and provide such advice to such officers and employees as the Director considers necessary to ensure compliance with rules, regulations, and Executive orders relating to conflicts of interest or standards of conduct;
|
||||
|
||||
(ii) if the Director has reason to believe that an officer or employee is violating, or has violated, any rule, regulation, or Executive order relating to conflicts of interest or standards of conduct, the Director—
|
||||
|
||||
(I) may recommend to the head of the officer’s or employee’s agency that such agency head investigate the possible violation and, if the agency head finds such a violation, that such agency head take any appropriate disciplinary action (such as reprimand, suspension, demotion, or dismissal) against the officer or employee, except that, if the officer or employee involved is the agency head, any such recommendation shall instead be submitted to the President; and
|
||||
|
||||
(II) shall notify the President in writing if the Director determines that the head of an agency has not conducted an investigation pursuant to subclause (I) within a reasonable time after the Director recommends such action;
|
||||
|
||||
(iii) if the Director finds that an officer or employee is violating any rule, regulation, or Executive order relating to conflicts of interest or standards of conduct, the Director—
|
||||
|
||||
(I) may order the officer or employee to take specific action (such as divestiture, recusal, or the establishment of a blind trust) to end such violation; and
|
||||
|
||||
(II) shall, if the officer or employee has not complied with the order under subclause (I) within a reasonable period of time, notify, in writing, the head of the officer’s or employee’s agency of the officer’s or employee’s noncompliance, except that, if the officer or employee involved is the agency head, the notification shall instead be submitted to the President; and
|
||||
|
||||
(iv) if the Director finds that an officer or employee is violating, or has violated, any rule, regulation, or Executive order relating to conflicts of interest or standards of conduct, the Director—
|
||||
|
||||
(I) may recommend to the head of the officer’s or employee’s agency that appropriate disciplinary action (such as reprimand, suspension, demotion, or dismissal) be brought against the officer or employee, except that if the officer or employee involved is the agency head, any such recommendations shall instead be submitted to the President; and
|
||||
|
||||
(II) may notify the President in writing if the Director determines that the head of an agency has not taken appropriate disciplinary action within a reasonable period of time after the Director recommends such action.
|
||||
|
||||
(B) Investigations and findings concerning possible violations.— (i) Authority of director.— In order to carry out the Director’s duties and responsibilities under subparagraph (A)(iii) or (iv) with respect to individual officers and employees, the Director may conduct investigations and make findings concerning possible violations of any rule, regulation, or Executive order relating to conflicts of interest or standards of conduct applicable to officers and employees of the executive branch.
|
||||
|
||||
(ii) Notification of alleged violation and opportunity to comment.— (I) Notification before a finding is made.— Subject to clause (iv) of this subparagraph, before any finding is made under subparagraphs (A)(iii) or (iv), the officer or employee involved shall be afforded notification of the alleged violation, and an opportunity to comment, either orally or in writing, on the alleged violation.
|
||||
|
||||
(II) Procedures.— The Director shall, in accordance with section 553 of this title, establish procedures for such notification and comment.
|
||||
|
||||
(iii) Hearing.— Subject to clause (iv) of this subparagraph, before any action is ordered under subparagraph (A)(iii), the officer or employee involved shall be afforded an opportunity for a hearing, if requested by such officer or employee, except that any such hearing shall be conducted on the record.
|
||||
|
||||
(iv) Exception.— The procedures described in clauses (ii) and (iii) of this subparagraph do not apply to findings or orders for action made to obtain compliance with the financial disclosure requirements in subchapter I. For those findings and orders, the procedures in section 13108 of this title shall apply.
|
||||
|
||||
(3) Copies of orders relating to finding of violation.— The Director shall send a copy of any order under paragraph (2)(A)(iii) to—
|
||||
|
||||
(A) the officer or employee who is the subject of such order; and
|
||||
|
||||
(B) the head of the officer’s or employee’s agency or, if such officer or employee is the agency head, to the President.
|
||||
|
||||
(4) Agency headed by board, committee, or other group.— For purposes of paragraphs (2)(A)(ii), (iii), (iv), and (3)(B), in the case of an officer or employee within an agency which is headed by a board, committee, or other group of individuals (rather than by a single individual), any notification, recommendation, or other matter which would otherwise be sent to an agency head shall instead be sent to the officer’s or employee’s appointing authority.
|
||||
|
||||
(5) No authority to make findings of criminal law violations.— Nothing in this subchapter shall be considered to allow the Director (or any designee) to make any finding that a provision of title 18, or any criminal law of the United States outside of title 18, has been or is being violated.
|
||||
|
||||
(6) Limitation on availability of records.— Notwithstanding any other provision of law, no record developed pursuant to the authority of this section concerning an investigation of an individual for a violation of any rule, regulation, or Executive order relating to a conflict of interest shall be made available pursuant to section 552(a)(3) of this title, unless the request for such information identifies the individual to whom such records relate and the subject matter of any alleged violation to which such records relate, except that nothing in this subsection shall affect the application of the provisions of section 552(b) of this title to any record so identified.
|
||||
|
||||
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4296.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131225 U.S.C. App. (EGA § 402)Pub. L. 95–521, title IV, § 402, Oct. 26, 1978, 92 Stat. 1862; Pub. L. 96–19, § 9(e), (s), June 13, 1979, 93 Stat. 43, 44; Pub. L. 98–150, § 3(a), (b), Nov. 11, 1983, 97 Stat. 959; Pub. L. 100–598, §§ 5–7, Nov. 3, 1988, 102 Stat. 3032, 3033. In subsection (b)(1), the reference to “subchapter I” is substituted for “title II of this Act” for clarity and to update an obsolete reference in the law. The reference to “title II of this Act” means title II of the Ethics in Government Act of 1978, which was previously repealed. Section 201 of the Ethics Reform Act of 1989 (Public Law 101–194, 103 Stat. 1724) repealed title II of the Ethics in Government Act of 1978. Section 202 of the Ethics Reform Act of 1989 (Public Law 101–194, 103 Stat. 1724) enacted a general amendment of title I of the Ethics in Government Act of 1978, and, as amended, title I of the Ethics in Government Act of 1978 included provisions relating to the filing, review, and public availability of financial statements filed by officers and employees in the executive, legislative, and judicial branches of the Federal Government. Title I of the Ethics in Government Act of 1978 is restated as “subchapter I” (i.e., subchapter I of chapter 131 of title 5, United States Code). In subsection (b)(3), the reference to “subchapter I” is substituted for “title II of this Act” and for “such title” for clarity and to update obsolete references in the law. See the explanation in the revision note pertaining to subsection (b)(1) of this section. In subsection (b)(15), the reference to “subchapter I” is substituted for “title II of this Act” for clarity and to update an obsolete reference in the law. See the explanation in the revision note pertaining to subsection (b)(1) of this section. In subsection (f)(2)(B)(iv), the reference to “subchapter I” is substituted for “title 2 of this Act” for clarity and to update an erroneous and obsolete reference in the law. The reference to “title 2 of this Act” should be “title II of this Act”, meaning title II of the Ethics in Government Act of 1978, which was previously repealed. See the explanation in the revision note pertaining to subsection (b)(1) of this section. In subsection (f)(2)(B)(iv), the reference to “section 13108 of this title” is substituted for “section 206 of this Act” for clarity and to update an obsolete reference in the law. The reference to “section 206 of this Act” means section 206 of the Ethics in Government Act of 1978, which was previously repealed. The Act language for the now repealed section 206 of the Ethics in Government Act of 1978 appears at 92 Stat. 1847 (except that section 9(m) of Public Law 96–19 (93 Stat. 43) amended the text of section 206(a) of the Ethics in Government Act of 1978 by striking “shall be” and inserting “is”). Section 206 of the Ethics in Government Act of 1978 was repealed by section 201 of the Ethics Reform Act of 1989 (Public Law 101–194, 103 Stat. 1724), and equivalent language was enacted as section 106 of the Ethics in Government Act of 1978 by section 202 of the Ethics Reform Act of 1989 (Public Law 101–194, 103 Stat. 1724, 1739). Section 106 of the Ethics in Government Act of 1978 is restated as “section 13108 of this title” (i.e., section 13108 of title 5, United States Code). In subsection (f)(3)(B), the words “the head of the officer’s” are substituted for “the head of officer’s” to correct an error in the law.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Rules and Regulations in Effect Before October 1, 1983Pub. L. 98–150, § 3(d), Nov. 11, 1983, 97 Stat. 960, provided that: “(1) Any rules or regulations issued under [former] section 402 of the Ethics in Government Act of 1978 [see 5 U.S.C. 13122] which are in effect immediately before the effective date of the amendments made by this Act [Oct. 1, 1983, see bracketed note below] shall remain in effect according to their terms until modified, superseded, set aside, or revoked on or after such effective date. “(2) The responsibilities of the Director of the Office of Government Ethics under [former] paragraphs (6) and (12), respectively, of section 402(b) of the Ethics in Government Act of 1978 [see 5 U.S.C. 13122(b)(6), (12)], with respect to rules and regulations issued by the Office of Personnel Management before the effective date of the amendments made by this Act [Oct. 1, 1983] shall not be affected by this Act or any of the amendments made by this Act [see Tables for classification].” [Pub. L. 98–150, § 13, Nov. 11, 1983, 97 Stat. 963, provided that: “The amendments made by this Act [see Tables for classification] shall take effect on October 1, 1983.” ]
|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13123 - Administrative provisions
|
||||
|
||||
## Text
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131235 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.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
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||||
type: "LegalText"
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||||
title: "5 U.S.C. § 13124"
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||||
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|
||||
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|
||||
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|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13124"
|
||||
citation: "5 U.S.C. § 13124"
|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13124 - Rules and regulations
|
||||
|
||||
## Text
|
||||
|
||||
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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131245 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.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13125"
|
||||
description: "Authorization of appropriations"
|
||||
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|
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|
||||
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|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13125"
|
||||
citation: "5 U.S.C. § 13125"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
source_identifier: "/us/usc/t5/s13125"
|
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13125 - Authorization of appropriations
|
||||
|
||||
## Text
|
||||
|
||||
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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131255 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.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13126"
|
||||
description: "Reports to Congress"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13126"
|
||||
citation: "5 U.S.C. § 13126"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13126"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "e7c0a4769f4a80a3a9a76ca53ccff7c558ddc47da45fea4d293129d1ac74ea26"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "d919da6fccc3b4031fe506e58f8483e3d6155fad70d3d5986288ef936eb64ec3"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13126 - Reports to Congress
|
||||
|
||||
## Text
|
||||
|
||||
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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131265 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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13141"
|
||||
description: "Definitions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13141"
|
||||
citation: "5 U.S.C. § 13141"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13141"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "32c0af12e8389b1f4d8552e4a833a615ead8d9080709b122fd83902daa2dcaa2"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "67b5c454e257a99eb78ba12e83cea2e251a87a4acecab2a67b7f4026884bb7ca"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13141 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131415 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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13142"
|
||||
description: "Administration"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13142"
|
||||
citation: "5 U.S.C. § 13142"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13142"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "d3a24d0d399fc719e2e295590ae372f44f74646239fd95958ee0e703499ea6e8"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "7fcf6364c46aaf9da97025a42a5b96153f6227be97bf700271e29e6bf92c18af"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13142 - Administration
|
||||
|
||||
## Text
|
||||
|
||||
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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131425 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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13143"
|
||||
description: "Outside earned income limitation"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13143"
|
||||
citation: "5 U.S.C. § 13143"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13143"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "15878a923daacc46ee1a300cf4497e5acc147f3f6412a687e665f2188fd6a448"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
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||||
text_hash: "d779de21ff65fd4928b97de7278d1639ea9c3328fdb981d5909001714f41f1c9"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13143 - Outside earned income limitation
|
||||
|
||||
## Text
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131435 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextGS–15, referred to in subsec. (a), is contained in the General Schedule, which is set out under section 5332 of this title.
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13144"
|
||||
description: "Limitations on outside employment"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13144"
|
||||
citation: "5 U.S.C. § 13144"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13144"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "2113d7f86000ccc74554dbdd3565bd8140fc463b423435db2892af1139b39fdd"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "9c25047a5ba8d6e4079fd84e0b2de67f9e0324de8b987fb74a7a6590c9c2e00e"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13144 - Limitations on outside employment
|
||||
|
||||
## Text
|
||||
|
||||
(a) Limitations.— 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 shall not—
|
||||
|
||||
(1) receive compensation for affiliating with or being employed by a firm, partnership, association, corporation, or other entity which provides professional services involving a fiduciary relationship;
|
||||
|
||||
(2) permit that Member’s, officer’s, or employee’s name to be used by any such firm, partnership, association, corporation, or other entity;
|
||||
|
||||
(3) receive compensation for practicing a profession which involves a fiduciary relationship;
|
||||
|
||||
(4) serve for compensation as an officer or member of the board of any association, corporation, or other entity; or
|
||||
|
||||
(5) receive compensation for teaching, without the prior notification and approval of the appropriate entity referred to in section 13142 of this title.
|
||||
|
||||
(b) Teaching Compensation of Justices and Judges Retired From Regular Active Service.— For purposes of the limitation under section 13143(a) of this title, any compensation for teaching approved under subsection (a)(5) of this section shall not be treated as outside earned income—
|
||||
|
||||
(1) when received by a justice of the United States retired from regular active service under section 371(b) of title 28;
|
||||
|
||||
(2) when received by a judge of the United States retired from regular active service under section 371(b) of title 28, for teaching performed during any calendar year for which such judge has met the requirements of subsection (e) of section 371 of title 28, as certified in accordance with such subsection; or
|
||||
|
||||
(3) when received by a justice or judge of the United States retired from regular active service under section 372(a) of title 28.
|
||||
|
||||
(c) Limitation on Treatment as Fiduciary Relationship.— For purposes of this section, the relationship between a Member who is a Representative in, or Delegate or Resident Commissioner to, the Congress and who is providing care directly to a patient in the form of medical services or dental services and the patient to whom such care is provided shall not be considered a fiduciary relationship.
|
||||
|
||||
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4304; Pub. L. 119–37, div. C, title I, § 116(a), Nov. 12, 2025, 139 Stat. 571.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131445 U.S.C. App. (EGA § 502)Pub. L. 95–521, title V, § 502, as added Pub. L. 101–194, title VI, § 601(a), Nov. 30, 1989, 103 Stat. 1761; amended Pub. L. 101–280, § 7(a)(1), (b), May 4, 1990, 104 Stat. 161; Pub. L. 101–650, title III, § 319, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102–198, § 6, Dec. 9, 1991, 105 Stat. 1624; Pub. L. 102–378, § 4(b)(3), Oct. 2, 1992, 106 Stat. 1357. In subsection (b)(2), the words “subsection (e) of section 371 of title 28” are substituted for “subsection (f) of section 371 of title 28” for clarity and to update an obsolete reference in the law. Subsection (f) of section 371 of title 28, United States Code, was redesignated as subsection (e) by section 654(a)(1)(B) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398, § 1 [div. A, title VI, § 654(a)(1)(B)], 114 Stat. 1654, 1654A–165).
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextGS–15, referred to in subsec. (a), is contained in the General Schedule, which is set out under section 5332 of this title.
|
||||
|
||||
Amendments2025—Subsec. (c). Pub. L. 119–37 added subsec. (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2025 AmendmentPub. L. 119–37, div. C, title I, § 116(b), Nov. 12, 2025, 139 Stat. 571, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to compensation received in fiscal year 2026 or any succeeding fiscal year.”
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13145"
|
||||
description: "Civil penalties"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13145"
|
||||
citation: "5 U.S.C. § 13145"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13145"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "c5a2bc1d9f105614f36eaa40094e5a6dbb5a2a85a948d24960d655cbe2100fd4"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "2b2f1a265fe8ba22bab396f5f174895d55a9a6d59016f87005120599e4a05d0c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13145 - Civil penalties
|
||||
|
||||
## Text
|
||||
|
||||
(a) Civil Action.— The Attorney General may bring a civil action in any appropriate United States district court against any individual who violates any provision of section 13143 or 13144 of this title. The court in which such action is brought may assess against such individual a civil penalty of not more than $10,000 or the amount of compensation, if any, which the individual received for the prohibited conduct, whichever is greater.
|
||||
|
||||
(b) Advisory Opinions.— Any entity described in section 13142 of this title may render advisory opinions interpreting this subchapter, in writing, to individuals covered by this subchapter. Any individual to whom such an advisory opinion is rendered and any other individual covered by this subchapter who is involved in a fact situation which is indistinguishable in all material aspects, and who, after the issuance of such advisory opinion, acts in good faith in accordance with its provisions and findings shall not, as a result of such actions, be subject to any sanction under subsection (a).
|
||||
|
||||
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4304.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 131455 U.S.C. App. (EGA § 504)Pub. L. 95–521, title V, § 504, as added Pub. L. 101–194, title VI, § 601(a), Nov. 30, 1989, 103 Stat. 1761.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 13146"
|
||||
description: "Conditional termination"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "131"
|
||||
chapter_name: "ETHICS IN GOVERNMENT"
|
||||
section: "13146"
|
||||
citation: "5 U.S.C. § 13146"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s13146"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "7f1049c7e5c4bbe12b961b1e3334394125c572348124740185616b50f7659c7e"
|
||||
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|
||||
text_hash: "64f3d7dfbc7ace6517b83ecf198558c59c0a24aff8ff2efc80471a4644178e8f"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 13146 - Conditional termination
|
||||
|
||||
## Text
|
||||
|
||||
This subchapter shall cease to be effective if the provisions of section 703 of the Ethics Reform Act of 1989 (Public Law 101–194, 5 U.S.C. 5318 note) are repealed.
|
||||
|
||||
(Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4305.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 13146(no source) This section is added in accordance with section 603 of the Ethics Reform Act of 1989 (Public Law 101–194, 26 U.S.C. 7701 note). Section 603 of the Ethics Reform Act of 1989 provides that amendments made by title VI of the Act (103 Stat. 1760) shall cease to be effective if the provisions of section 703 of the Act (5 U.S.C. 5318 note) are repealed, in which case the laws in effect before the amendments made by title VI of the Act shall be deemed to be reenacted. Among other things, the amendments made by title VI of the Ethics Reform Act of 1989 enacted a general rewrite of title V of the Ethics in Government Act of 1978, which is restated as this subchapter. If the provisions of section 703 of the Ethics Reform Act of 1989 (Public Law 101–194, 5 U.S.C. 5318 note) are repealed, then this subchapter shall cease to be effective, and the prior provisions of title V of the Ethics in Government Act of 1978 shall be deemed to be reenacted. The prior provisions of title V of the Ethics in Government Act of 1978 (Public Law 95–521, 92 Stat. 1864) relate to an amendment to section 207 of title 18, United States Code, which has previously been executed to text.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1401"
|
||||
description: "Establishment of agency Chief Human Capital Officers"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "14"
|
||||
chapter_name: "AGENCY CHIEF HUMAN CAPITAL OFFICERS"
|
||||
section: "1401"
|
||||
citation: "5 U.S.C. § 1401"
|
||||
status: "current"
|
||||
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|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1401 - Establishment of agency Chief Human Capital Officers
|
||||
|
||||
## Text
|
||||
|
||||
The head of each agency referred to under paragraphs (1) and (2) of section 901(b) of title 31 shall appoint or designate a Chief Human Capital Officer, who shall—
|
||||
|
||||
(1) advise and assist the head of the agency and other agency officials in carrying out the agency’s responsibilities for selecting, developing, training, and managing a high-quality, productive workforce in accordance with merit system principles;
|
||||
|
||||
(2) implement the rules and regulations of the President and the Office of Personnel Management and the laws governing the civil service within the agency; and
|
||||
|
||||
(3) carry out such functions as the primary duty of the Chief Human Capital Officer.
|
||||
|
||||
(Added Pub. L. 107–296, title XIII, § 1302(a), Nov. 25, 2002, 116 Stat. 2287.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateChapter effective 180 days after Nov. 25, 2002, see section 1305 of Pub. L. 107–296, set out as an Effective Date of 2002 Amendment note under section 1103 of this title.
|
||||
|
||||
Chief Human Capital Officers CouncilPub. L. 107–296, title XIII, § 1303, Nov. 25, 2002, 116 Stat. 2288, as amended by Pub. L. 117–81, div. F, title LXVI, § 6604, Dec. 27, 2021, 135 Stat. 2441, provided that: “(a) Establishment.—There is established a Chief Human Capital Officers Council, consisting of—“(1) the Director of the Office of Personnel Management, who shall act as chairperson of the Council; “(2) the Deputy Director for Management of the Office of Management and Budget, who shall act as vice chairperson of the Council; and “(3) the Chief Human Capital Officers of Executive departments and any other members who are designated by the Director of the Office of Personnel Management. “(b) Functions.—The Chief Human Capital Officers Council shall meet periodically to advise and coordinate the activities of the agencies of its members on such matters as modernization of human resources systems, improved quality of human resources information, and legislation affecting human resources operations and organizations. “(c) Employee Labor Organizations at Meetings.—The Chief Human Capital Officers Council shall ensure that representatives of Federal employee labor organizations are present at a minimum of 1 meeting of the Council each year. Such representatives shall not be members of the Council. “(d) Annual Reports.—“(1) In general.—Each year, the Chief Human Capital Officers Council shall submit to Congress a report that includes the following:“(A) A description of the activities of the Council. “(B) A description of employment barriers that prevent the agencies of its members from hiring qualified applicants, including those for digital talent positions, and recommendations for addressing the barriers that would allow such agencies to more effectively hire qualified applicants. “(2) Public availability.—Not later than 30 days after the date on which the Council submits a report under paragraph (1), the Director of the Office of Personnel Management shall make the report publicly available on the website of the Office of Personnel Management.”
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
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type: "LegalText"
|
||||
title: "5 U.S.C. § 1402"
|
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|
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|
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corpus: "united_states_code"
|
||||
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|
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|
||||
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|
||||
chapter_number: "14"
|
||||
chapter_name: "AGENCY CHIEF HUMAN CAPITAL OFFICERS"
|
||||
section: "1402"
|
||||
citation: "5 U.S.C. § 1402"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1402 - Authority and functions of agency Chief Human Capital Officers
|
||||
|
||||
## Text
|
||||
|
||||
(a) The functions of each Chief Human Capital Officer shall include—
|
||||
|
||||
(1) setting the workforce development strategy of the agency;
|
||||
|
||||
(2) assessing workforce characteristics and future needs based on the agency’s mission and strategic plan;
|
||||
|
||||
(3) aligning the agency’s human resources policies and programs with organization mission, strategic goals, and performance outcomes;
|
||||
|
||||
(4) developing and advocating a culture of continuous learning to attract and retain employees with superior abilities;
|
||||
|
||||
(5) identifying best practices and benchmarking studies,11 So in original. The comma probably should be a semicolon. and
|
||||
|
||||
(6) applying methods for measuring intellectual capital and identifying links of that capital to organizational performance and growth.
|
||||
|
||||
(b) In addition to the authority otherwise provided by this section, each agency Chief Human Capital Officer—
|
||||
|
||||
(1) shall have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material that—
|
||||
|
||||
(A) are the property of the agency or are available to the agency; and
|
||||
|
||||
(B) relate to programs and operations with respect to which that agency Chief Human Capital Officer has responsibilities under this chapter; and
|
||||
|
||||
(2) may request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this chapter from any Federal, State, or local governmental entity.
|
||||
|
||||
(Added Pub. L. 107–296, title XIII, § 1302(a), Nov. 25, 2002, 116 Stat. 2288.)
|
||||
@@ -0,0 +1,67 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1501"
|
||||
description: "Definitions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "15"
|
||||
chapter_name: "POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES"
|
||||
section: "1501"
|
||||
citation: "5 U.S.C. § 1501"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1501"
|
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1501 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of this chapter—
|
||||
|
||||
(1) “State” means a State or territory or possession of the United States;
|
||||
|
||||
(2) “State or local agency” means the executive branch of a State, municipality, or other political subdivision of a State, or an agency or department thereof, or the executive branch of the District of Columbia, or an agency or department thereof;
|
||||
|
||||
(3) “Federal agency” means an Executive agency or other agency of the United States, but does not include a member bank of the Federal Reserve System; and
|
||||
|
||||
(4) “State or local officer or employee” means an individual employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency, but does not include—
|
||||
|
||||
(A) an individual who exercises no functions in connection with that activity; or
|
||||
|
||||
(B) an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by—
|
||||
|
||||
(i) a State or political subdivision thereof;
|
||||
|
||||
(ii) the District of Columbia; or
|
||||
|
||||
(iii) a recognized religious, philanthropic, or cultural organization.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 403; Pub. L. 93–443, title IV, § 401(c), Oct. 15, 1974, 88 Stat. 1290; Pub. L. 112–230, § 3(a), (b), Dec. 28, 2012, 126 Stat. 1616.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (1)5 U.S.C. 118k–2.July 19, 1940, ch. 640, § 4 “Sec. 19”, 54 Stat. 772. (2), (3)5 U.S.C. 118k(f).July 19, 1940, ch. 640, § 4 “Sec. 12(f)”, 54 Stat. 770. (4)5 U.S.C. 118k(a) (1st 41 words), (e).July 19, 1940, ch. 640, § 4 “Sec 12(a) (1st 41 words), (e)”, 54 Stat. 767, 770. 5 U.S.C. 118k–1 (as applicable to 5 U.S.C. 118k).Oct. 24, 1942, ch. 620 “Sec. 21 (as applicable to § 12 of the Act of Aug. 2, 1939; added July 19, 1940, ch. 640, § 4, 54 Stat. 767)”, 56 Stat. 986. (5)5 U.S.C. 118l (as applicable to 5 U.S.C. 118k).July 19, 1940, ch. 640, § 4 “Sec. 15 (as applicable to § 12 of the Act of Aug. 2, 1939; added July 19, 1940, ch. 640, § 4, 54 Stat. 767)”, 54 Stat. 771. In paragraph (4)(B), the words “or by any Territory or Territorial possession of the United States” are omitted in view of the definition of “State” in paragraph (1). In paragraph (5), the words “July 19, 1940” are substituted for “at the time this section takes effect”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2012—Par. (2). Pub. L. 112–230, § 3(a), inserted “, or the executive branch of the District of Columbia, or an agency or department thereof” before semicolon at end. Par. (4)(B). Pub. L. 112–230, § 3(b), added subpar. (B) and struck out former subpar. (B) which read as follows: “an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by a State or political subdivision thereof, or by a recognized religious, philanthropic, or cultural organization.” 1974—Par. (5). Pub. L. 93–443 struck out par. (5) which defined “an active part in political management or in political campaigns”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2012 AmendmentPub. L. 112–230, § 5(a), Dec. 28, 2012, 126 Stat. 1617, provided that: This Act [see Short Title of 2012 Amendment note set out under section 101 of this title] and the amendments made by this Act shall take effect 30 days after the date of enactment of this Act [Dec. 28, 2012].”
|
||||
|
||||
Effective Date of 1974 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,67 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "15"
|
||||
chapter_name: "POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES"
|
||||
section: "1502"
|
||||
citation: "5 U.S.C. § 1502"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1502 - Influencing elections; taking part in political campaigns; prohibitions; exceptions
|
||||
|
||||
## Text
|
||||
|
||||
(a) A State or local officer or employee may not—
|
||||
|
||||
(1) use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office;
|
||||
|
||||
(2) directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or
|
||||
|
||||
(3) if the salary of the employee is paid completely, directly or indirectly, by loans or grants made by the United States or a Federal agency, be a candidate for elective office.
|
||||
|
||||
(b) A State or local officer or employee retains the right to vote as he chooses and to express his opinions on political subjects and candidates.
|
||||
|
||||
(c) Subsection (a)(3) of this section does not apply to—
|
||||
|
||||
(1) the Governor or Lieutenant Governor of a State or an individual authorized by law to act as Governor;
|
||||
|
||||
(2) the mayor of a city;
|
||||
|
||||
(3) a duly elected head of an executive department of a State, municipality, or the District of Columbia who is not classified under a State, municipal, or the District of Columbia merit or civil-service system; or
|
||||
|
||||
(4) an individual holding elective office.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 404; Pub. L. 93–443, title IV, § 401(a), Oct. 15, 1974, 88 Stat. 1290; Pub. L. 112–230, §§ 2, 3(c), Dec. 28, 2012, 126 Stat. 1616.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 118k(a) (less 1st 41 words).July 19, 1940, ch. 640, § 4 “Sec. 12(a) (less 1st 41 words)”, 54 Stat. 767. In subsection (a), the term “State or local officer or employee”, defined in section 1501, is substituted for the first 41 words of former section 118k(a). The words “any part of his salary or compensation” are omitted as included in “anything of value”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2012—Subsec. (a)(3). Pub. L. 112–230, § 2, amended par. (3) generally. Prior to amendment, par. (3) read as follows: “be a candidate for elective office.” Subsec. (c)(3). Pub. L. 112–230, § 3(c), which directed the substitution of “, municipality, or the District of Columbia’ ” for “ ‘or municipality” and “, municipal, or the District of Columbia’ ” for “ ‘or municipal”, was executed by substituting “, municipality, or the District of Columbia” for “or municipality” and “, municipal, or the District of Columbia” for “or municipal”, to reflect the probable intent of Congress. 1974—Subsec. (a)(3). Pub. L. 93–443 substituted “be a candidate for elective office” for “take an active part in political management or in political campaigns”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–230 effective 30 days after Dec. 28, 2012, see section 5(a) of Pub. L. 112–230, set out as a note under section 1501 of this title.
|
||||
|
||||
Effective Date of 1974 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1503"
|
||||
description: "Nonpartisan candidacies permitted"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "15"
|
||||
chapter_name: "POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES"
|
||||
section: "1503"
|
||||
citation: "5 U.S.C. § 1503"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1503"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "9a88987f8c6107af2a67e2a11663bd6b54964de0610e31082941206802db4a86"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "7d8bf3f5c1e1fe928122c9777e86fc7e1b5992b47b42414f2d84a33dd29f0d2b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1503 - Nonpartisan candidacies permitted
|
||||
|
||||
## Text
|
||||
|
||||
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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1974—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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1974 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1504"
|
||||
description: "Investigations; notice of hearing"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "15"
|
||||
chapter_name: "POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES"
|
||||
section: "1504"
|
||||
citation: "5 U.S.C. § 1504"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1504"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "061c5f99bbf8e3ca012de2b3f975e9dd4cc0b943bea3940ccc77ef69c9a5b701"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "2001f7482e59f004ed4737fe3b4860148e7f6d119656677c6cf60136a0689748"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1504 - Investigations; notice of hearing
|
||||
|
||||
## Text
|
||||
|
||||
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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1505"
|
||||
description: "Hearings; adjudications; notice of determinations"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "15"
|
||||
chapter_name: "POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES"
|
||||
section: "1505"
|
||||
citation: "5 U.S.C. § 1505"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1505"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "7aefc2680d0c2a93131cf5a458fbcc324fbbe065e1822696d83fc8c281d6e5ff"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "37195e2a1707aa6219e4dfb2d0031cc1e4b7b50e8c2d5b3956ce47e4c665a2d7"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1505 - Hearings; adjudications; notice of determinations
|
||||
|
||||
## Text
|
||||
|
||||
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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted “Merit Systems Protection Board” for “Civil Service Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 1506"
|
||||
description: "Orders; withholding loans or grants; limitations"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "15"
|
||||
chapter_name: "POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES"
|
||||
section: "1506"
|
||||
citation: "5 U.S.C. § 1506"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s1506"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "a9cdc13e1a99daecf05a472aab9c50c205b7ed07e3aba131a90fbddbfb7659e9"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "d9cf92decedce05bbb843172b777e904fb7de88ecd13ca4d7085042283bb4625"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 1506 - Orders; withholding loans or grants; limitations
|
||||
|
||||
## Text
|
||||
|
||||
(a) When the Merit Systems Protection Board finds—
|
||||
|
||||
(1) that a State or local officer or employee has not been removed from his office or employment within 30 days after notice of a determination by the Board that he has violated section 1502 of this title and that the violation warrants removal; or
|
||||
|
||||
(2) that the State or local officer or employee has been removed and has been appointed within 18 months after his removal to an office or employment in the same State (or in the case of the District of Columbia, in the District of Columbia) in a State or local agency which does not receive loans or grants from a Federal agency;
|
||||
|
||||
the Board shall make and certify to the appropriate Federal agency an order requiring that agency to withhold from its loans or grants to the State or local agency to which notice was given an amount equal to 2 years’ pay at the rate the officer or employee was receiving at the time of the violation. When the State or local agency to which appointment within 18 months after removal has been made is one that receives loans or grants from a Federal agency, the Board order shall direct that the withholding be made from that State or local agency.
|
||||
|
||||
(b) Notice of the order shall be sent by registered or certified mail to the State or local agency from which the amount is ordered to be withheld. After the order becomes final, the Federal agency to which the order is certified shall withhold the amount in accordance with the terms of the order. Except as provided by section 1508 of this title, a determination or order of the Board becomes final at the end of 30 days after mailing the notice of the determination or order.
|
||||
|
||||
(c) The Board may not require an amount to be withheld from a loan or grant pledged by a State or local agency as security for its bonds or notes if the withholding of that amount would jeopardize the payment of the principal or interest on the bonds or notes.
|
||||
|
||||
(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; Pub. L. 112–230, § 3(d), Dec. 28, 2012, 126 Stat. 1616.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 118k(b) (less 1st 4 sentences).July 19, 1940, ch. 640, § 4 “Sec. 12(b) (less 1st 4 sentences)”, 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2012—Subsec. (a)(2). Pub. L. 112–230 inserted “(or in the case of the District of Columbia, in the District of Columbia)” after “the same State”. 1978—Subsec. (a). Pub. L. 95–454 substituted “Merit Systems Protection Board” for “Civil Service Commission” and “Board” for “Commission”, respectively, wherever appearing. Subsecs. (b), (c). Pub. L. 95–454 substituted “Board” for “Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–230 effective 30 days after Dec. 28, 2012, see section 5(a) of Pub. L. 112–230, set out as a note under section 1501 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
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