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2026-07-06 09:52:37 -04:00

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LegalText 5 U.S.C. § 7204 Other prohibitions us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 72 ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS 7204 5 U.S.C. § 7204 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s7204 data/legal/raw/us/code/title-05/usc05.xml eeea9d98b3b9d753d862669333510a83f9150b1c2d6c0575257a1e9be52dbe80 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 59383983d88b1c537b37125afbb5c0d06af46f56552650b40101e1d3493f2d20 2026-07-04 official
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5 U.S.C. § 7204 - Other prohibitions

Text

[(a) Repealed. Pub. L. 9083, § 1(44), Sept. 11, 1967, 81 Stat. 208.]

(b) In the administration of chapter 51, subchapters III and IV of chapter 53, and sections 305 and 3324 of this title, discrimination because of race, color, creed, sex, or marital status is prohibited with respect to an individual or a position held by an individual.

(c) The Office of Personnel Management may prescribe regulations necessary for the administration of subsection (b) of this section.

(Pub. L. 89554, Sept. 6, 1966, 80 Stat. 523, § 7154; Pub. L. 9083, § 1(44), Sept. 11, 1967, 81 Stat. 208; Pub. L. 92392, § 8, Aug. 19, 1972, 86 Stat. 573; renumbered § 7204 and amended Pub. L. 95454, title VII, § 703(a)(1), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1216, 1224.)

Notes

Historical and Revision Notes 1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 33.R.S. § 165. (b)5 U.S.C. 1074.Oct. 28, 1949, ch. 782, § 1103, 63 Stat. 972. In subsection (a), the words “Executive department” are substituted for “department” as the definition of “department” applicable to this section is coextensive with the definition of “Executive department” in section 101. The words “or military department” are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this subsection, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the revisers note for section 301. The words “in the discretion of” are omitted as unnecessary in view of the permissive grant of authority. The words “positions in the department” are substituted for “any of the clerkships therein authorized by law”. The words “upon the same requisites and conditions” are omitted as unnecessary. The words “legal pay of the position to which appointed” are substituted for “same compensations, as are prescribed for men”. This subsection was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 1711), which provides “Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title, but is not repealed. Subsection (c) is added on authority of former sections 1072 and 1072a, which are codified in section 5115. 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 deletes subsection (a) of 5 U.S.C. 7154 to reflect the repeal of the source statute of that subsection by Public Law 89261, 79 Stat. 987.

Editorial Notes

Amendments1978—Pub. L. 95454, § 703(a)(1), renumbered section 7154 of this title as this section. Subsec. (c). Pub. L. 95454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”. 1972—Subsec. (b). Pub. L. 92392 inserted reference to subchapter IV of chapter 53 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 AmendmentAmendment by section 906(a)(2) of Pub. L. 95454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95454, set out as a note under section 1101 of this title.

Effective Date of 1972 AmendmentAmendment by Pub. L. 92392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92392, set out as an Effective Date note under section 5341 of this title.