Sections in this file relate to required commissions, oaths, etc., for officers and employees of United States government and the government of the District of Columbia. All sections have been pasted directly from the 1996 CD-ROM edition of the United States Code produced and distributed by the Government Printing Office. Notes in Italics that follow the sections list regulations for each section listed in the Parallel Table of Authorities and Rules. It is significant that the "Seal of the United States" is no longer affixed to commissions of "judicial officers" appointed by the President with advice and consent of the Senate; commissions are filed with the Department of Justice under the D.O.J. seal, which is an executive seal. This is suggestive that there are no longer any Article III judges in the United States.
REGULATIONS: There are no regulations for Title 4 of the United States
Code.
-CITE-
4 USC Sec. 42
01/16/96
-EXPCITE-
TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND
THE STATES
CHAPTER 2 - THE SEAL
-HEAD-
Sec. 42. Same; custody and use of
-STATUTE-
The Secretary of State shall have the
custody and charge of such
seal. Except as provided by section 2902(a)
of title 5, the seal
shall not be affixed to any instrument without the
special warrant
of the President therefor.
-SOURCE-
(July 30, 1947, ch. 389, 61 Stat. 643; Sept. 6,
1966, Pub. L.
89-554, Sec. 2(a), 80 Stat. 608.)
-MISC1-
AMENDMENTS
1966 - Pub. L. 89-554 struck out provisions
which required the
Secretary of State to make out and record, and to
affix the seal
to, all civil commissions for officers of the United
States
appointed by the President. See section 2902(a)
of Title 5,
Government Organization and Employees.
-EXEC-
EX. ORD. NO. 10347. AFFIXING
OF SEAL WITHOUT SPECIAL WARRANT
Ex. Ord. No. 10347, Apr. 18, 1952, 17
F.R. 3521, as amended by
Ex. Ord. No. 11354, May 23, 1967, 32 F.R. 7695;
Ex. Ord. No. 11517,
Mar. 19, 1970, 35 F.R. 4937, provided:
By virtue of the authority vested in
me by section 301 of title 3
of the United States Code (section 10, Public Law
248, approved
October 31, 1951, 65 Stat. 713), and as President
of the United
States, I hereby authorize and direct the Secretary
of State to
affix the Seal of the United States, pursuant to
section 42 of
title 4 of the United States Code (this section),
without any
special warrant therefor, other than this order,
to each document
included within any of the following classes of
documents when such
document has been signed by the President and, in
the case of any
such document to which the counter-signature of
the Secretary of
State is required to be affixed, has been counter-signed
by the
said Secretary:
1. Proclamations by the President of
treaties, conventions,
protocols, or other international agreements.
2. Instruments of ratification of treaties.
3. Full powers to negotiate treaties
and to exchange
ratifications.
4. Letters of credence and recall and
other communications from
the President to heads of foreign governments.
5. Exequaturs issued to those foreign
consular officers in the
United States whose commissions bear the signature
of the chief of
state which they represent.
REGULATIONS: There are no regulations for Title 4 of the United States
Code.
-CITE-
5 USC Sec. 301
01/16/96
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I - THE AGENCIES GENERALLY
CHAPTER 3 - POWERS
-HEAD-
Sec. 301. Departmental regulations
-STATUTE-
The head of an Executive department
or military department may
prescribe regulations for the government of his
department, the
conduct of its employees, the distribution and performance
of its
business, and the custody, use, and preservation
of its records,
papers, and property. This section does not
authorize withholding
information from the public or limiting the availability
of records
to the public.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 22.
R.S. Sec. 161.
Aug. 12, 1958, Pub.
L. 85-619, 72 Stat.
547.
-------------------------------
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 ''not inconsistent
with
law'' are omitted as surplusage as a regulation
which is
inconsistent with law is invalid.
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 section, 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 provided:
''All laws, orders, regulations, and
other actions relating to
the National Military Establishment, the Departments
of the Army,
the Navy, or the Air Force, or to any officer or
activity of such
establishment or such departments, shall, except
to the extent
inconsistent with the provisions of this Act, have
the same effect
as if this Act had not been enacted; but, after
the effective date
of this Act, any such law, order, regulation, or
other action which
vested functions in or otherwise related to any
officer,
department, or establishment, shall be deemed to
have vested such
function in or relate to the officer, or department,
executive or
military, succeeding the officer, department, or
establishment in
which such function was vested. For purposes
of this subsection
the Department of Defense shall be deemed the department
succeeding
the National Military Establishment, and the military
departments
of Army, Navy, and Air Force shall be deemed the
departments
succeeding the Executive Departments of Army, Navy,
and Air
Force.''
This section was part of title IV of
the Revised Statutes. The
Act of July 26, 1947, ch. 343, Sec. 201(d), as added
Aug. 10, 1949,
ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1),
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.
Standard changes are made to conform
with the definitions
applicable and the style of this title as outlined
in the preface
to the report.
EQUAL OPPORTUNITY IN FEDERAL EMPLOYMENT
Establishment of equal employment opportunity
programs by heads
of Executive departments and agencies, see Ex. Ord.
No. 11246,
Sept. 24, 1965, 30 F.R. 12319 and Ex. Ord. No. 11478,
Aug. 8, 1969,
34 F.R. 12985, set out as notes under section 2000e
of Title 42,
The Public Health and Welfare.
-CROSS-
CROSS REFERENCES
Confidential records -
Tax returns and lists, publicity,
see section 6103 et seq. of
Title 26, Internal
Revenue Code.
Visas or permits to enter
United States, records of Department
of State and
of diplomatic and consular offices respecting
issuance or
refusal, see section 1202 of Title 8, Aliens and
Nationality.
REGULATIONS: No regulations.
-CITE-
5 USC Sec. 2101
01/16/96
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart A - General Provisions
CHAPTER 21 - DEFINITIONS
-HEAD-
Sec. 2101. Civil service; armed forces; uniformed
services
-STATUTE-
For the purpose of this title -
(1) the ''civil service''
consists of all appointive positions
in the executive, judicial, and legislative
branches of the
Government of the United States, except
positions in the
uniformed services;
(2) ''armed forces'' means
the Army, Navy, Air Force, Marine
Corps, and Coast Guard; and
(3) ''uniformed services''
means the armed forces, the
commissioned corps of the Public Health
Service, and the
commissioned corps of the National Oceanic
and Atmospheric
Administration.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408; Pub.
L. 90-83, Sec.
1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 96-54,
Sec. 2(a)(4),
Aug. 14, 1979, 93 Stat. 381.)
-MISC1-
HISTORICAL AND REVISION NOTES
1966 ACT
The section is supplied to establish
basis of reference to
employees in this title.
1967 ACT
This section amends various sections
(Sec. 2101, 4102, 4109,
5541, 8101) of title 5, United States Code, to reflect
1965
Reorganization Plan No. 2 (79 Stat. 1318), effective
July 13, 1965,
which consolidated the Coast and Geodetic Survey
and the Weather
Bureau to form a new agency in the Department of
Commerce to be
known as the Environmental Science Services Administration.
AMENDMENTS
1979 - Par. (3). Pub. L. 96-54 substituted
''National Oceanic and
Atmospheric'' for ''Environmental Science Services''.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-54 effective
July 12, 1979, see section
2(b) of Pub. L. 96-54, set out as a note under section
305 of this
title.
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-226, Sec. 1, Mar. 30, 1994,
108 Stat. 111, provided
that: ''This Act (amending sections 3381, 4101,
4103, 4105, 4107,
4108, 4113, 4118, 5597, 8351, 8433 to 8435, 8437,
8440a to 8440d of
this title and section 1206 of Title 45, Railroads,
repealing
sections 4106 and 4114 of this title, enacting provisions
set out
as notes under sections 3101, 3381, 5597, 8331,
and 8351 of this
title, and amending provisions set out as a note
under section
403-4 of Title 50, War and National Defense) may
be cited as the
'Federal Workforce Restructuring Act of 1994'.''
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101-508, title VII, Sec. 7202(a),
Nov. 5, 1990, 104 Stat.
1388-335, provided that: ''This section (amending
sections 2105,
3502, 5334, 5335, 5365, 5551, 6308, 6312, 8331,
8347, 8401, 8461,
and 8901 of this title and enacting provisions set
out as notes
under section 2105 of this title) may be cited as
the 'Portability
of Benefits for Nonappropriated Fund Employees Act
of 1990'.''
COORDINATION OF TITLE VII OF PUB. L.
101-508 WITH SECTION 909 OF
TITLE 2
Pub. L. 101-508, title VII, Sec. 7301,
Nov. 5, 1990, 104 Stat.
1388-341, provided that: ''For purposes of section
202 of the
Balanced Budget and Emergency Deficit Reaffirmation
Act of 1987
(probably means section 202 of the Balanced Budget
and Emergency
Deficit Control Reaffirmation Act of 1987, Pub.
L. 100-119, which
was formerly classified to section 909 of Title
2, The Congress),
this title and the amendments made by this title
(amending sections
552a, 2105, 3502, 5334, 5335, 5365, 5551, 6308,
6312, 8331, 8334,
8339, 8342, 8343a, 8347, 8348, 8401, 8420a, 8461,
8901, 8902, 8904,
8906, 8909, and 8910 of this title, enacting provisions
set out as
notes under this section and sections 552a, 2105,
8334, 8343a,
8348, 8902, 8904, and 8906 of this title, amending
provisions set
out as notes under sections 8343a and 8906 of this
title, and
repealing provisions set out as notes under sections
8343a and 8348
of this title) shall be considered an exception
under subsection
(b) of such section.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title
10 sections 4357, 6975,
9356; title 18 section 207; title 22 section 3641;
title 41 section
423.
REGULATIONS: No regulations for the section; regulation for § 2101
note is 5 CFR 576.
-CITE-
5 USC Sec. 2901
01/16/96
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart A - General Provisions
CHAPTER 29 - COMMISSIONS, OATHS, RECORDS, AND REPORTS
SUBCHAPTER I - COMMISSIONS, OATHS, AND RECORDS
-HEAD-
Sec. 2901. Commission of an officer
-STATUTE-
The President may make out and deliver,
after adjournment of the
Senate, the commission of an officer whose appointment
has been
confirmed by the Senate.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 411.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 10.
R.S. Sec. 1773.
-------------------------------
The words ''confirmed by'' are substituted
for ''advised and
consented to''.
Standard changes are made to conform
with the definitions
applicable and the style of this title as outlined
in the preface
to the report.
REGULATIONS: None listed
-CITE-
5 USC Sec. 2902
01/16/96
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart A - General Provisions
CHAPTER 29 - COMMISSIONS, OATHS, RECORDS, AND REPORTS
SUBCHAPTER I - COMMISSIONS, OATHS, AND RECORDS
-HEAD-
Sec. 2902. Commission; where recorded
-STATUTE-
(a) Except as provided by subsections
(b) and (c) of this
section, the Secretary of State shall make out and
record, and
affix the seal of the United States to, the commission
of an
officer appointed by the President. The seal of
the United States
may not be affixed to the commission before the
commission has been
signed by the President.
(b) The commission of an officer in
the civil service or
uniformed services under the control of the Secretary
of
Agriculture, the Secretary of Commerce, the Secretary
of Defense,
the Secretary of a military department, the Secretary
of the
Interior, or the Secretary of the Treasury shall
be made out and
recorded in the department in which he is to serve
under the seal
of that department. The departmental seal
may not be affixed to
the commission before the commission has been signed
by the
President.
(c) The commissions of judicial officers
and United States
attorneys and marshals, appointed by the President,
by and with the
advice and consent of the Senate, and other commissions
which
before August 8, 1888, were prepared at the Department
of State on
the requisition of the Attorney General, shall be
made out and
recorded in the Department of Justice under the
seal of that
department and countersigned by the Attorney General.
The
departmental seal may not be affixed to the commission
before the
commission has been signed by the President.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 411; Pub.
L. 94-183, Sec.
2(3), Dec. 31, 1975, 89 Stat. 1057.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
(a)
4 U.S.C. 42 (as (None.)
applicable to civil
commissions).
(b)
5 U.S.C. 11.
Mar. 3, 1875, ch.
131, Sec. 14, 18
Stat. 420.
Mar. 28, 1896, ch.
73, 29 Stat. 75.
Mar. 3, 1905, ch.
1422, 33 Stat. 990.
(c)
5 U.S.C. 12.
Aug. 8, 1888, ch.
786, 25 Stat. 387.
-------------------------------
In subsection (a), the words ''Except
as provided by subsections
(b) and (c) of this section,'' are added on authority
of former
sections 11 and 12, which are codified in subsections
(b) and (c)
of this section. The words ''the commission
of an officer'' are
substituted for ''all civil commissions for officers
of the United
States'' because of the definition of ''officer''
in section 2104.
The words ''by the President'' are coextensive with
and substituted
for ''by the President, by and with the advice and
consent of the
Senate, or by the President alone''.
In subsection (b), the words ''officer
in the civil service or
uniformed services'' are substituted for ''officer''
because of the
definition of ''officer'' in section 2104. The words
''direction
and'' are omitted as included within ''the control''.
The words
''the Secretary of Defense'' are added on authority
of the Acts of
July 26, 1947, ch. 343, Sec. 305(a), 61 Stat. 508,
and Aug. 10,
1949, ch. 412, Sec. 12(g), 63 Stat. 591. The words
''the Secretary
of a military department'' are substituted for ''the
Secretary of
War, the Secretary of the Navy'' (appearing in the
Act of Mar. 28,
1896) because of the definition of ''military department''
in
section 102. The title of the Secretary of War was
changed to
Secretary of the Army by the Act of July 26, 1947,
ch. 343, Sec.
205, 61 Stat. 501. ''Secretary of the Air Force''
is included on
authority of the Act of July 26, 1947, ch. 343,
Sec. 207(a), (f),
61 Stat. 502. The words ''Secretary of Commerce''
are substituted
for ''Secretary of Commerce and Labor'' on authority
of the Act of
Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736. The
words ''under the
departmental seal'' are substituted for ''and the
departmental seal
affixed thereto''. The words ''any laws to
the contrary
notwithstanding'' are omitted as unnecessary.
The last sentence of
section 14 of the Act of Mar. 3, 1875, is omitted
as executed.
In subsection (c), the words ''and shall
be'' and ''any laws to
the contrary notwithstanding'' are omitted as unnecessary.
Standard changes are made to conform
with the definitions
applicable and the style of this title as outlined
in the preface
to the report.
AMENDMENTS
1975 - Subsec. (b). Pub. L. 94-183 struck
out ''the Postmaster
General,'' after ''under the control of''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title
4 section 42.
REGULATIONS: None listed.
-CITE-
5 USC Sec. 2903
01/16/96
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart A - General Provisions
CHAPTER 29 - COMMISSIONS, OATHS, RECORDS, AND REPORTS
SUBCHAPTER I - COMMISSIONS, OATHS, AND RECORDS
-HEAD-
Sec. 2903. Oath; authority to administer
-STATUTE-
(a) The oath of office required by section
3331 of this title may
be administered by an individual authorized by the
laws of the
United States or local law to administer oaths in
the State,
District, or territory or possession of the United
States where the
oath is administered.
(b) An employee of an Executive agency
designated in writing by
the head of the Executive agency, or the Secretary
of a military
department with respect to an employee of his department,
may
administer -
(1) the oath of office required
by section 3331 of this title,
incident to entrance into the executive
branch; or
(2) any other oath required
by law in connection with
employment in the executive branch.
(c) An oath authorized or required under
the laws of the United
States may be administered by -
(1) the Vice President;
or
(2) an individual authorized
by local law to administer oaths
in the State, District, or territory
or possession of the United
States where the oath is administered.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 411.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
(a)
5 U.S.C. 18.
R.S. Sec. 1758.
(b)
5 U.S.C. 16a(a) June 26, 1943,
ch.
(less 1st 9 words 145, Sec. 206 (less
after last comma). 1st 9 words after
last comma), 57
Stat. 196.
(c)
5 U.S.C. 16a(b). Sept. 30, 1961, Pub.
L. 87-322 (par.
under ''General
Provision''), 75
Stat. 743.
5 U.S.C. 92a. July
3, 1926, ch.
752, 44 Stat. 830.
-------------------------------
In subsection (b), the words ''On and
after June 26, 1943'' are
omitted as executed, and the word ''officer'' is
omitted as
included in ''employee''. The words ''Executive
agency'' are
coextensive with and substituted for ''executive
departments or
independent establishments, including any agency
the majority of
the stock of which is owned by the Government of
the United
States'' because of the definition of ''Executive
agency'' in
section 105. The words ''or the Secretary of a military
department
with respect to an employee of his 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 section, 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
reviser's note for section 301. The words ''of the
Federal
Government'' and ''and to have the same force and
effect as oaths
administered by officers having seals'' are omitted
as unnecessary.
In subsection (c), the word ''Constitution''
is omitted because
''laws'', as used in this title, encompasses the
Constitution. In
subsection (c)(1), the words ''of the United States''
are omitted
as unnecessary. In subsection (c)(2), the
words ''an individual
authorized by local law to administer oaths in the
State, District,
or territory, or possession of the United States
where the oath is
administered'' are coextensive with and substituted
for ''notaries
public duly appointed in any State, District, or
Territory of the
United States, by clerks and prothonotaries of courts
of record of
any such State, District, or Territory, by the deputies
of such
clerks and prothonotaries, and by all magistrates
authorized by the
laws of or pertaining to any such State, District,
or Territory to
administer oaths''.
Standard changes are made to conform
with the definitions
applicable and the style of this title as outlined
in the preface
to the report.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title
39 section 1011.
REGULATIONS: 46 CFR § 501
-CITE-
5 USC Sec. 2904
01/16/96
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart A - General Provisions
CHAPTER 29 - COMMISSIONS, OATHS, RECORDS, AND REPORTS
SUBCHAPTER I - COMMISSIONS, OATHS, AND RECORDS
-HEAD-
Sec. 2904. Oath; administered without fees
-STATUTE-
An employee of an Executive agency who
is authorized to
administer the oath of office required by section
3331 of this
title, or any other oath required by law in connection
with
employment in the executive branch, may not charge
or receive a fee
or pay for administering the oath.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 412.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 16a(a) (1st June 26, 1943, ch.
&nbs>
REGULATIONS: None listed.
-CITE-
5 USC Sec. 2905
01/16/96
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart A - General Provisions
CHAPTER 29 - COMMISSIONS, OATHS, RECORDS, AND REPORTS
SUBCHAPTER I - COMMISSIONS, OATHS, AND RECORDS
-HEAD-
Sec. 2905. Oath; renewal
-STATUTE-
(a) An employee of an Executive agency
or an individual employed
by the government of the District of Columbia who,
on original
appointment, subscribed to the oath of office required
by section
3331 of this title is not required to renew the
oath because of a
change in status so long as his service is continuous
in the agency
in which he is employed, unless, in the opinion
of the head of the
Executive agency, the Secretary of a military department
with
respect to an employee of his department, or the
Commissioners of
the District of Columbia, the public interest so
requires.
(b) An individual who, on appointment
as an employee of a House
of Congress, subscribed to the oath of office required
by section
3331 of this title is not required to renew the
oath so long as his
service as an employee of that House of Congress
is continuous.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 412.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
(a)
5 U.S.C. 17b. Aug.
14, 1937, ch.
624, 50 Stat. 640.
Nov. 22, 1943, ch.
303, 57 Stat. 591.
(b)
5 U.S.C. 17c. Mar.
28, 1955, ch.
17, 69 Stat. 14.
-------------------------------
In subsection (a), the word ''civilian''
is omitted as
unnecessary because of the definition of ''employee''
in section
2105. The words ''Executive agency'' are coextensive
with and
substituted for ''executive departments and independent
establishments of the United States'' because of
the definition of
''Executive agency'' in section 105. The words ''the
Secretary of a
military department with respect to an employee
of his 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 section, 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
reviser's note for section 301.
Standard changes are made to conform
with the definitions
applicable and the style of this title as outlined
in the preface
to the report.
REGULATIONS: None listed.
-CITE-
5 USC Sec. 2906
01/16/96
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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart A - General Provisions
CHAPTER 29 - COMMISSIONS, OATHS, RECORDS, AND REPORTS
SUBCHAPTER I - COMMISSIONS, OATHS, AND RECORDS
-HEAD-
Sec. 2906. Oath; custody
-STATUTE-
The oath of office taken by an individual
under section 3331 of
this title shall be delivered by him to, and preserved
by, the
House of Congress, agency, or court to which the
office pertains.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 412.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 21.
R.S. Sec. 1759.
-------------------------------
Standard changes are made to conform
with the definitions
applicable and the style of this title as outlined
in the preface
to the report.
REGULATIONS: None listed.
-CITE-
5 USC Sec. 3101
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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart B - Employment and Retention
CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
SUBCHAPTER I - EMPLOYMENT AUTHORITIES
-HEAD-
Sec. 3101. General authority to employ
-STATUTE-
Each Executive agency, military department,
and the government of
the District of Columbia may employ such number
of employees of the
various classes recognized by chapter 51 of this
title as Congress
may appropriate for from year to year.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 414.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 43.
R.S. Sec. 169.
June 26, 1930, ch.
618, 46 Stat. 817.
5 U.S.C. 514d (2d Sept. 21, 1944, ch.
par.).
412, Sec. 709, 58
Stat. 743.
-------------------------------
The authorization is restated to conform
to the style of this
title. The word ''Executive agency'' are substituted
for
''executive department, independent establishment''
in view of the
definitions in sections 103, 104, and 105. The source
statute (an
act to authorize the appointment of employees in
the executive
branch etc.) applied to the entire executive branch,
and government
corporations as well as other agencies in the executive
branch were
included within the words ''independent establishment''.
The words
''or a military department'' are inserted to preserve
the
application of the source statute. 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 statute 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 reviser's note for section 301. The words ''for
services in the
District of Columbia or elsewhere'' are eliminated
as surplusage.
The reference to chapter 51 is substituted for the
reference to the
Classification Act of 1923 because the Act of Oct.
28, 1949, ch.
782, Sec. 1106(a), 63 Stat. 972, amended the section
to refer to
the Classification Act of 1949, which is carried
into this title.
The proviso in former section 43 and former section
514d (2d par.)
are omitted as superseded by former section 22a,
which is carried
into section 302. The last sentence of the Act of
June 26, 1930, is
omitted as executed.
This section was part of title IV of
the Revised Statutes. The
Act of July 26, 1947, ch. 343, Sec. 201(d), as added
Aug. 10, 1949,
ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1),
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.
Standard changes are made to conform
with the definitions
applicable and the style of this title as outlined
in the preface
to the report.
REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS
Pub. L. 103-226, Sec. 5, Mar. 30, 1994,
108 Stat. 115, as amended
by Pub. L. 103-329, title VI, Sec. 631, Sept. 30,
1994, 108 Stat.
2424, provided that:
''(a) Definition. - For the purpose
of this section, the term
'agency' means an Executive agency (as defined by
section 105 of
title 5, United States Code), but does not include
the General
Accounting Office.
''(b) Limitations on Full-Time Equivalent
Positions. - The
President, through the Office of Management and
Budget (in
consultation with the Office of Personnel Management),
shall ensure
that the total number of full-time equivalent positions
in all
agencies shall not exceed -
''(1) 2,084,600 during fiscal
year 1994;
''(2) 2,043,300 during fiscal
year 1995;
''(3) 2,003,300 during fiscal
year 1996;
''(4) 1,963,300 during fiscal
year 1997;
''(5) 1,922,300 during fiscal
year 1998; and
''(6) 1,882,300 during fiscal
year 1999.
''(c) Monitoring and Notification. -
The Office of Management and
Budget, after consultation with the Office of Personnel
Management,
shall -
''(1) continuously monitor
all agencies and make a
determination on the first date of each
quarter of each
applicable fiscal year of whether the
requirements under
subsection (b) are met; and
''(2) notify the President
and the Congress on the first date
of each quarter of each applicable fiscal
year of any
determination that any requirement of
subsection (b) is not met.
''(d) Compliance. - If, at any time
during a fiscal year, the
Office of Management and Budget notifies the President
and the
Congress that any requirement under subsection (b)
is not met, no
agency may hire any employee for any position in
such agency until
the Office of Management and Budget notifies the
President and the
Congress that the total number of full-time equivalent
positions
for all agencies equals or is less than the applicable
number
required under subsection (b).
''(e) Waiver. -
''(1) Emergencies. - Any
provision of this section may be
waived upon a determination by the President
that -
''(A) the existence
of a state of war or other national
security concern so requires;
or
''(B) the existence
of an extraordinary emergency threatening
life, health, safety, property,
or the environment so requires.
''(2) Agency efficiency
or critical mission. -
''(A) Subsection
(d) may be waived, in the case of a
particular position or category
of positions in an agency, upon
a determination of the President
that the efficiency of the
agency or the performance
of a critical agency mission so
requires.
''(B) Whenever
the President grants a waiver pursuant to
subparagraph (A), the President
shall take all necessary
actions to ensure that the
overall limitations set forth in
subsection (b) are not exceeded.
''(f) Employment Backfill Prevention.
-
''(1) In general. - The
total number of funded employee
positions in all agencies (excluding
the Department of Defense
and the Central Intelligence Agency)
shall be reduced by one
position for each vacancy created by
the separation of any
employee who has received, or is due
to receive, a voluntary
separation incentive payment under section
3(a)-(e) (5 U.S.C.
5597 note). For purposes of this
subsection, positions and
vacancies shall be counted on a full-time-equivalent
basis.
''(2) Related restriction.
- No funds budgeted for and
appropriated by any Act for salaries
or expenses of positions
eliminated under this subsection may
be used for any purpose
other than authorized separation costs.
''(3) Applicability of backfill
prevention provisions to
agencies otherwise exempted from fte
reduction. -
''(A) In general.
- If any agency is otherwise exempted by
any law from the limitations
on full-time equivalent positions
or the restrictions on hiring
established by this section -
''(i) paragraph (1) shall apply to vacancies created in
such agency;
and
''(ii) the reductions required pursuant to clause (i) shall
be made in the
number of funded employee positions in such
agency.
''(B) Waiver
authority. - In the case of a particular
position in an agency, subparagraph
(A) may be waived upon a
determination by the head
of the agency that the performance of
a critical agency mission
requires the waiver.
''(C) Relation
to other law. - No law may be construed as
suspending or modifying
this paragraph unless such law
specifically amends this
paragraph.
''(g) Limitation on Procurement of Service
Contracts. - The
President shall take appropriate action to ensure
that there is no
increase in the procurement of service contracts
by reason of the
enactment of this Act (see Tables for classification),
except in
cases in which a cost comparison demonstrates such
contracts would
be to the financial advantage of the Federal Government.''
LIMITATION ON NUMBER OF CIVILIAN
EMPLOYEES IN EXECUTIVE BRANCH
Pub. L. 95-454, title III, Sec. 311,
Oct. 13, 1978, 92 Stat.
1153, which provided that the total number of civilian
employees in
the executive branch, on Sept. 30, 1979, on Sept.
30, 1980, and
Sept. 30, 1981, shall not exceed the number of such
employees on
Sept. 30, 1977, terminated by its own terms on Jan.
31, 1981.
Pub. L. 91-47, title V, Sec. 503, July
22, 1969, 83 Stat. 83,
repealed section 201 of Pub. L. 90-364, title II,
June 28, 1968, 82
Stat. 270, which provided for limitation on the
number of civilian
officers and employees in the executive branch and
which was
formerly set out under this section.
FREEZE ON HIRING OF FEDERAL CIVILIAN EMPLOYEES
Memorandum of the President of the United
States, dated Jan. 20,
1981, 46 F.R. 9907, provided for a freeze on the
hiring of Federal
civilian employees in the executive branch.
CITIZENSHIP REQUIREMENT FOR EMPLOYEES COMPENSATED
FROM APPROPRIATED
FUNDS
Act Nov. 19, 1995, Pub. L. 104-52, title
VI, Sec. 606, 109 Stat.
497, provided that: ''Unless otherwise specified
during the current
fiscal year no part of any appropriation contained
in this or any
other Act shall be used to pay the compensation
of any officer or
employee of the Government of the United States
(including any
agency the majority of the stock of which is owned
by the
Government of the United States) whose post of duty
is in the
continental United States unless such person (1)
is a citizen of
the United States, (2) is a person in the service
of the United
States on the date of enactment of this Act (Nov.
19, 1995) who,
being eligible for citizenship, has filed a declaration
of
intention to become a citizen of the United States
prior to such
date and is actually residing in the United States,
(3) is a person
who owes allegiance to the United States, (4) is
an alien from
Cuba, Poland, South Vietnam, the countries of the
former Soviet
Union, or the Baltic countries lawfully admitted
to the United
States for permanent residence, (5) South Vietnamese,
Cambodian,
and Laotian refugees paroled in the United States
after January 1,
1975, or (6) nationals of the People's Republic
of China that
qualify for adjustment of status pursuant to the
Chinese Student
Protection Act of 1992 (Pub. L. 102-404, 8 U.S.C.
1255 note):
Provided, That for the purpose of this section,
an affidavit signed
by any such person shall be considered prima facie
evidence that
the requirements of this section with respect to
his or her status
have been complied with: Provided further, That
any person making a
false affidavit shall be guilty of a felony, and,
upon conviction,
shall be fined no more than $4,000 or imprisoned
for not more than
one year, or both: Provided further, That the above
penal clause
shall be in addition to, and not in substitution
for, any other
provisions of existing law: Provided further, That
any payment made
to any officer or employee contrary to the provisions
of this
section shall be recoverable in action by the Federal
Government.
This section shall not apply to citizens of Ireland,
Israel, the
Republic of the Philippines or to nationals of those
countries
allied with the United States in the current defense
effort, or to
international broadcasters employed by the United
States
Information Agency, or to temporary employment of
translators, or
to temporary employment in the field service (not
to exceed sixty
days) as a result of emergencies.''
Similar provisions were contained in
the following prior
appropriation acts:
Sept. 30, 1994, Pub. L. 103-329, title
VI, Sec. 606, 108 Stat.
2416.
Oct. 28, 1993, Pub. L. 103-123, title
VI, Sec. 606, 107 Stat.
1259.
Oct. 6, 1992, Pub. L. 102-393, title
VI, Sec. 607, 106 Stat.
1766.
Oct. 28, 1991, Pub. L. 102-141, title
VI, Sec. 607, 105 Stat.
868.
Nov. 5, 1990, Pub. L. 101-509, title
VI, Sec. 603, 104 Stat.
1471.
Nov. 3, 1989, Pub. L. 101-136, title
VI, Sec. 603, 103 Stat. 816.
Sept. 22, 1988, Pub. L. 100-440, title
VI, Sec. 603, 102 Stat.
1751.
Dec. 22, 1987, Pub. L. 100-202, Sec.
101(m) (title VI, Sec. 603),
101 Stat. 1329-390, 1329-419.
Oct. 18, 1986, Pub. L. 99-500, Sec.
101(m) (title VI, Sec. 603),
100 Stat. 1783-308, 1783-328, and Oct. 30, 1986,
Pub. L. 99-591,
Sec. 101(m) (title VI, Sec. 603), 100 Stat. 3341-308,
3341-328.
Dec. 19, 1985, Pub. L. 99-190, title
I, Sec. 101(h) (H.R. 3036,
title VI, Sec. 603), 99 Stat. 1291.
Oct. 12, 1984, Pub. L. 98-473, title
I, Sec. 101(j) (H.R. 5798,
title VI, Sec. 604), 98 Stat. 1963.
Nov. 14, 1983, Pub. L. 98-151, Sec.
101(f) (H.R. 4139, title VI,
Sec. 603), 97 Stat. 973.
Dec. 21, 1982, Pub. L. 97-377, title
I, Sec. 101(a)
(incorporating H.R. 4121, title VI, Sec. 603, for
FY 1982), 96
Stat. 1830.
Dec. 15, 1981, Pub. L. 97-92, Sec. 101(a)
(H.R. 4121, title VI,
Sec. 603), 95 Stat. 1183.
Dec. 16, 1980, Pub. L. 96-536, Sec.
101(a) (incorporating Pub. L.
96-74, title VI, Sec. 602), 94 Stat. 3166.
Sept. 29, 1979, Pub. L. 96-74, title
VI, Sec. 602, 93 Stat. 574.
Oct. 10, 1978, Pub. L. 95-429, title
VI, Sec. 602, 92 Stat. 1015.
July 31, 1977, Pub. L. 95-81, title
VI, Sec. 602, 91 Stat. 354.
Sept. 22, 1976, Pub. L. 94-419, title
VII, Sec. 750, 90 Stat.
1299.
July 14, 1976, Pub. L. 94-363, title
VI, Sec. 602, 90 Stat. 977.
Feb. 9, 1976, Pub. L. 94-212, title
VII, Sec. 753, 90 Stat. 177.
Aug. 9, 1975, Pub. L. 94-91, title VI,
Sec. 602, 89 Stat. 458.
Aug. 21, 1974, Pub. L. 93-381, title
VI, Sec. 602, 88 Stat. 630.
Oct. 30, 1973, Pub. L. 93-143, title
VI, Sec. 602, 87 Stat. 524.
July 13, 1972, Pub. L. 92-351, title
VI, Sec. 602, 86 Stat. 487.
July 9, 1971, Pub. L. 92-49, title VI,
Sec. 602, 85 Stat. 122.
Oct. 7, 1970, Pub. L. 91-439, title
V, Sec. 502, 84 Stat. 902.
Dec. 11, 1969, Pub. L. 91-144, title
V, Sec. 502, 83 Stat. 336.
Aug. 12, 1968, Pub. L. 90-479, title
V, Sec. 502, 82 Stat. 717.
Nov. 20, 1967, Pub. L. 90-147, title
V, Sec. 502, 81 Stat. 483.
Oct. 15, 1966, Pub. L. 89-689, title
V, Sec. 502, 80 Stat. 1014.
Oct. 28, 1965, Pub. L. 89-299, title
V, Sec. 502, 79 Stat. 1108.
Aug. 30, 1964, Pub. L. 88-511, title
V, Sec. 502, 78 Stat. 693.
Dec. 31, 1963, Pub. L. 88-257, title
V, Sec. 502, 77 Stat. 855.
Oct. 24, 1962, Pub. L. 87-880, title
V, Sec. 502, 76 Stat. 1227.
Aug. 3, 1961, Pub. L. 87-125, title
V, Sec. 502, 75 Stat. 282.
July 12, 1960, Pub. L. 86-642, title
II, Sec. 202, 74 Stat. 476.
July 8, 1959, Pub. L. 86-79, title II,
Sec. 202, 73 Stat. 165.
June 25, 1958, Pub. L. 85-468, title
II, Sec. 202, 72 Stat. 224.
June 5, 1957, Pub. L. 85-48, title II,
Sec. 202, 71 Stat. 53.
June 13, 1956, ch. 385, title II, Sec.
202, 70 Stat. 280.
June 29, 1955, ch. 226, title II, Sec.
202, 69 Stat. 195.
Aug. 26, 1954, ch. 935, Ch. XIII, Sec.
1302, 68 Stat. 828.
Aug. 7, 1953, ch. 340, Ch. XIII, Sec.
1302, 67 Stat. 435.
July 15, 1952, ch. 758, Ch. XIV, Sec.
1402, 66 Stat. 659.
Nov. 1, 1951, ch. 664, Ch. XIII, Sec.
1302, 65 Stat. 755.
Sept. 6, 1950, ch. 897, Ch. XII, Sec.
1202, 64 Stat. 763.
Aug. 24, 1949, ch. 506, title III, Sec.
302, 63 Stat. 661.
Apr. 20, 1948, ch. 219, title II, Sec.
202, 62 Stat. 193.
July 30, 1947, ch. 359, title II, Sec.
202, 61 Stat. 608.
Mar. 28, 1946, ch. 113, title II, Sec.
206, 60 Stat. 80.
May 3, 1945, ch. 106, title II, Sec.
206, 59 Stat. 132.
June 27, 1944, ch. 286, title II, Sec.
205, 58 Stat. 385.
June 26, 1943, ch. 145, title II, Sec.
205, 57 Stat. 196.
Citizenship requirement for permanent
officers and employees of
Census Bureau, see section 22 of Title 13, Census.
Exceptions to citizenship requirement
for -
Department of Defense personnel,
see section 1584 of Title 10,
Armed Forces.
Department of State employees,
see sections 2669, 2672 of Title
22, Foreign
Relations and Intercourse.
Department of the Navy personnel,
see section 7473 of Title 10.
Library of Congress positions,
see section 169 of Title 2, The
Congress.
National Aeronautics and
Space Administration employees, see
section 2473
of Title 42, The Public Health and Welfare.
EMPLOYMENT OF PERSONNEL DURING NATIONAL
EMERGENCY PROCLAIMED ON
DEC. 16, 1950
Section 1310 of act Nov. 1, 1951, ch.
664, Ch. XIII, 65 Stat.
757, as amended June 5, 1952, ch. 369, Ch. XIII,
Sec. 1302, 66
Stat. 122; Sept. 1, 1954, ch. 1208, title VI, Sec.
602, 68 Stat.
1115; Oct. 11, 1962, Pub. L. 87-793, Sec. 717(b),
76 Stat. 858;
Aug. 6, 1965, Pub. L. 89-114, 79 Stat. 448; Oct.
11, 1967, Pub. L.
90-105, Sec. 3, 81 Stat. 274; Apr. 21, 1976, Pub.
L. 94-273, Sec.
4(5), 90 Stat. 377, provided that, upon the enactment
of this Act
(Nov. 1, 1951) and until termination of the national
emergency
proclaimed by the President on Dec. 16, 1950, agencies
shall use
their authority to require initial appointment be
made on other
than a permanent basis to limit the number of permanent
employees,
the Civil Service Commission facilitate the transfer
of Federal
employees from nondefense to defense activities
with reemployment
rights and make use of its authority to prohibit
excessively rapid
promotions, and agencies review certain positions
annually and
report to Congressional committees. All powers
and authorities
under section 1310 of act Nov. 1, 1951, as amended,
terminated 2
years from Sept. 14, 1976, pursuant to Pub. L. 94-412,
title I,
Sec. 101, Sept. 14, 1976, 90 Stat. 1255 (50 U.S.C.
1601).
-EXEC-
EX. ORD. NO. 12839.
REDUCTION OF 100,000 FEDERAL POSITIONS
Ex. Ord. No. 12839, Feb. 10, 1993, 58
F.R. 8515, provided:
By the authority vested in me as President
by the Constitution
and the laws of the United States of America, including
section 301
of title 3, United States Code, section 3301 of
title 5, United
States Code, and section 1111 of title 31, United
States Code, it
is hereby ordered as follows:
Section 1. Limits on Hiring Civilian
Personnel. Each executive
department or agency with over 100 employees shall
eliminate not
less than 4 percent of its civilian personnel positions
(measured
on a full-time equivalent (FTE) basis) over the
next 3 fiscal
years. The positions shall be vacated through
attrition or early
out programs established at the discretion of the
department and
agency heads. At least 10 percent of the reductions
shall come
from the Senior Executive Service, GS-15 and GS-14
levels or
equivalent.
Sec. 2. Coverage. This order applies
to all executive branch
departments and agencies with over 100 employees
(measured on a FTE
basis).
Sec. 3. Target Dates. Each department
and agency shall achieve 25
percent of its total reductions by the end of fiscal
year 1993,
62.5 percent by the end of fiscal year 1994, and
100 percent by the
end of fiscal year 1995.
Sec. 4. Implementation. The Director
of the Office of Management
and Budget shall issue detailed instructions regarding
the
implementation of this order, including exemptions
necessary for
the delivery of essential services and compliance
with applicable
law.
Sec. 5. Independent Agencies. All independent
regulatory
commissions and agencies are requested to comply
with the
provisions of this order.
William J. Clinton.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title
3 section 107; title 25
section 2a.
REGULATIONS: No regulations listed for section itself; regulation for
§ 3101 note is 5 CFR § 352.
-CITE-
5 USC Sec. 3151
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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart B - Employment and Retention
CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
SUBCHAPTER III - THE FEDERAL BUREAU OF INVESTIGATION
AND DRUG
-HEAD-
Sec. 3151. The Federal Bureau of Investigation and
Drug Enforcement
Administration Senior Executive
Service
-STATUTE-
(a) The Attorney General may by regulation
establish a personnel
system for senior personnel within the Federal Bureau
of
Investigation and the Drug Enforcement Administration
to be known
as the Federal Bureau of Investigation and Drug
Enforcement
Administration Senior Executive Service (hereinafter
in this
subchapter referred to as the ''FBI-DEA Senior Executive
Service''). The regulations establishing the FBI-DEA
Senior
Executive Service shall -
(1) meet the requirements
set forth in section 3131 for the
Senior Executive Service;
(2) provide that positions
in the FBI-DEA Senior Executive
Service meet requirements that are consistent
with the provisions
of section 3132(a)(2);
(3) provide rates of pay
for the FBI-DEA Senior Executive
Service that are not in excess of the
maximum rate or less than
the minimum rate of basic pay established
for the Senior
Executive Service under section 5382
and that are adjusted at the
same time and to the same extent as
rates of basic pay for the
Senior Executive Service are adjusted;
(4) provide a performance
appraisal system for the FBI-DEA
Senior Executive Service that conforms
to the provisions of
subchapter II of chapter 43;
(5) provide for -
(A) removal
consistent with section 3592;
(B) reduction-in-force
procedures consistent with section
3595(a), together with measures
to ensure that a member of the
FBI-DEA Senior Executive
Service may not be removed due to a
reduction in force unless
reasonable efforts to place such
member in another such position
are first taken;
(C) procedures
in accordance with which any furlough
affecting the FBI-DEA Senior
Executive Service shall be carried
out;
(D) removal
or suspension consistent with subsections (a),
(b), and (c) of section
7543 (except that any hearing or appeal
to which a member of the
FBI-DEA Senior Executive Service is
entitled shall be held or
decided pursuant to procedures
established by regulations
of the Attorney General); and
(E) recertification
consistent with section 3393a;
(6) permit the payment of
performance awards to members of the
FBI-DEA Senior Executive Service consistent
with the provisions
applicable to performance awards under
section 5384; and
(7) provide that members
of the FBI-DEA Senior Executive
Service may be granted sabbatical leaves
consistent with the
provisions of section 3396(c).
(b)(1) Except as provided in subsection
(a), the Attorney General
may -
(A) make applicable to the
FBI-DEA Senior Executive Service any
of the provisions of this title applicable
to applicants for or
members of the Senior Executive Service;
and
(B) appoint, promote, and
assign individuals to positions
established within the FBI-DEA Senior
Executive Service without
regard to the provisions of this title
governing appointments and
other personnel actions in the competitive
service.
(2)(A) Notwithstanding any other provision
of this section, an
individual may not be selected for the FBI-DEA Senior
Executive
Service unless such individual is a career employee
in the civil
service.
(B) For the purpose of subparagraph
(A), ''career employee in the
civil service'' shall have such meaning as the Attorney
General, in
consultation with the Director of the Office of
Personnel
Management, by regulation prescribes.
(c) The President, based on the recommendations
of the Attorney
General, may award ranks to members of the FBI-DEA
Senior Executive
Service in a manner consistent with the provisions
of section 4507.
(d) Notwithstanding any other provision
of this section, the
Attorney General may detail or assign any member
of the FBI-DEA
Senior Executive Service to serve in a position
outside the Federal
Bureau of Investigation or the Drug Enforcement
Administration (as
the case may be) in which the member's expertise
and experience may
be of benefit to the Federal Bureau of Investigation
or the Drug
Enforcement Administration (as the case may be)
or another
Government agency. Any such member shall not
by reason of such
detail or assignment lose any entitlement or status
associated with
membership in the FBI-DEA Senior Executive Service.
(e) The Attorney General shall each
year submit to Congress, at
the time the budget is submitted by the President
to the Congress
for the next fiscal year, a report on the FBI-DEA
Senior Executive
Service. The report shall include, in the aggregate
and by agency -
(1) the number of FBI-DEA
Senior Executive Service positions
established as of the end of the preceding
fiscal year;
(2) the number of individuals
being paid at each rate of basic
pay for the FBI-DEA Senior Executive
Service as of the end of the
preceding fiscal year;
(3) the number, distribution,
and amount of awards paid to
members of the FBI-DEA Senior Executive
Service during the
preceding fiscal year; and
(4) the number of individuals
removed from the FBI-DEA Senior
Executive Service during the preceding
fiscal year -
(A) for less
than fully successful performance;
(B) due to a
reduction in force; or
(C) for any
other reason.
-SOURCE-
(Added Pub. L. 100-325, Sec. 1(a), May 30, 1988,
102 Stat. 579;
amended Pub. L. 101-194, title V, Sec. 506(b)(1),
Nov. 30, 1989,
103 Stat. 1758.)
-REFTEXT-
REFERENCES IN TEXT
Provisions of this title governing appointments
and other
personnel actions in the competitive service, referred
to in
subsec. (b)(1)(B), are classified generally to section
3301 et seq.
of this title.
-MISC2-
AMENDMENTS
1989 - Subsec. (a)(5)(E). Pub. L. 101-194
added subpar. (E).
EFFECTIVE DATE OF 1989 AMENDMENT
Section 506(d) of Pub. L. 101-194 provided
that: ''The amendments
made by this section (enacting section 3393a of
this title and
amending this section, sections 3393, 3592 to 3594,
7701, 8336,
8339, 8414, and 8421 of this title, section 1601
of Title 10, Armed
Forces, section 3945 of Title 22, Foreign Relations
and
Intercourse, and provisions set out as a note under
section 402 of
Title 50, War and National Defense) shall take effect
on January 1,
1991.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections
5304, 5376 of this title.
REGULATION: 28 CFR § 0. This is Attorney General delegations of
authority. This section is particularly significant as FBI and DEA are
administrative agencies, they were not created by Congress, i.e., have
no lawful authority beyond that vested in the Department of Justice via
statute. That authority is at 28 U.S.C. § 535, which has no implementing
regulations. The authority extends to (1) territory and insular possessions
of the United States under the territorial clause, and Federal government
officers and employees. Under authority of 3 U.S.C. § 301 & 44
U.S.C. § 1505(a), regulations do not have to be published in the Federal
Register when they apply to government employees.
-CITE-
5 USC Sec. 3331
01/16/96
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart B - Employment and Retention
CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT
SUBCHAPTER II - OATH OF OFFICE
-HEAD-
Sec. 3331. Oath of office
-STATUTE-
An individual, except the President,
elected or appointed to an
office of honor or profit in the civil service or
uniformed
services, shall take the following oath: ''I, AB,
do solemnly swear
(or affirm) that I will support and defend the Constitution
of the
United States against all enemies, foreign and domestic;
that I
will bear true faith and allegiance to the same;
that I take this
obligation freely, without any mental reservation
or purpose of
evasion; and that I will well and faithfully discharge
the duties
of the office on which I am about to enter.
So help me God.'' This
section does not affect other oaths required by
law.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 424.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 16.
R.S. Sec. 1757.
May 13, 1884, ch. 46,
Sec. 2, 3, 23 Stat.
22.
-------------------------------
All but the quoted language in R.S.
Sec. 1757 is omitted as
obsolete since R.S. Sec. 1757 was originally an
alternative oath to
the oath prescribed in R.S. Sec. 1756 which oath
was repealed by
the Act of May 13, 1884, ch. 46, Sec. 2, 23 Stat.
22. The words
''An individual, except the President, . . . in
the civil service
or uniformed services'' are substituted for ''any
person . . .
either in the civil, military, or naval service,
except the
President of the United States''. The second sentence
of former
section 16 is changed to read, ''This section does
not affect other
oaths required by law.''.
Standard changes are made to conform
with the definitions
applicable and the style of this title as outlined
in the preface
to the report.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections
2903, 2904, 2905, 2906,
3332 of this title; title 2 section 64-1; title
10 sections 578,
603, 626, 12201, 14309; title 14 sections 273, 735;
title 22
section 2504; title 33 section 854a-2; title 42
sections 1971,
4954.
REGULATION: None listed. However, the oath is required by the Constitution.
-CITE-
5 USC Sec. 3332
01/16/96
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart B - Employment and Retention
CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT
SUBCHAPTER II - OATH OF OFFICE
-HEAD-
Sec. 3332. Officer affidavit; no consideration paid
for appointment
-STATUTE-
An officer, within 30 days after the
effective date of his
appointment, shall file with the oath of office
required by section
3331 of this title an affidavit that neither he
nor anyone acting
in his behalf has given, transferred, promised,
or paid any
consideration for or in the expectation or hope
of receiving
assistance in securing the appointment.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 424.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 21a. Dec.
11, 1926, ch.
4, Sec. 1, 44 Stat.
918.
Mar. 2, 1927, ch.
284, 44 Stat. 1346.
Sept. 23, 1950, ch.
1010, Sec. 10, 64
Stat. 987.
-------------------------------
The section is restated for clarity
and conciseness. The term
''officer'' is coextensive with and substituted
for ''Each
individual appointed hereafter as a civil officer
of the United
States by the President, by and with the advice
and consent of the
Senate, or by the President alone, or by a court
of law, or by the
head of a department'' in view of the definition
of ''officer'' in
section 2104.
Standard changes are made to conform
with the definitions
applicable and the style of this title as outlined
in the preface
to the report.
-CROSS-
CROSS REFERENCES
Withholding of pay from officer
until affidavit required under
this section is filed, see section 5507 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section
5507 of this title; title
22 section 4001; title 42 section 211.
REGULATIONS: None listed. However, under 5 U.S.C. § 301, no general
application regulations must be published when application is to government
officers and employees.
-CITE-
5 USC Sec. 3333
01/16/96
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart B - Employment and Retention
CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT
SUBCHAPTER II - OATH OF OFFICE
-HEAD-
Sec. 3333. Employee affidavit; loyalty and striking
against the
Government
-STATUTE-
(a) Except as provided by subsection
(b) of this section, an
individual who accepts office or employment in the
Government of
the United States or in the government of the District
of Columbia
shall execute an affidavit within 60 days after
accepting the
office or employment that his acceptance and holding
of the office
or employment does not or will not violate section
7311 of this
title. The affidavit is prima facie evidence
that the acceptance
and holding of office or employment by the affiant
does not or will
not violate section 7311 of this title.
(b) An affidavit is not required from
an individual employed by
the Government of the United States or the government
of the
District of Columbia for less than 60 days for sudden
emergency
work involving the loss of human life or the destruction
of
property. This subsection does not relieve
an individual from
liability for violation of section 7311 of this
title.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 424.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 118q. Aug. 9,
1955, ch.
690, Sec. 2, 69
Stat. 624.
(Uncodified). June
29, 1956, ch.
479, Sec. 3 (as
applicable to the
Act of Aug. 9,
1955, ch. 690, Sec.
2, 69 Stat. 624),
70 Stat. 453.
-------------------------------
The section is restated for clarity
and to conform to the style
of section 3332.
In subsection (a), the words ''after
August 9, 1955'' are omitted
as executed. The words ''if the affidavit
is executed prior to
acceptance of such office or employment'' are omitted
as
unnecessary. The words ''From and after July
1, 1956'', appearing
in the Act of June 29, 1956, are omitted as executed.
Standard changes are made to conform
with the definitions
applicable and the style of this title as outlined
in the preface
to the report.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title
22 section 4001; title 39
section 410.
REGULATIONS: None listed. However, under 5 U.S.C. § 301, no general
application regulations must be published when application is to government
officers and employees.
-CITE-
5 USC Sec. 5502
01/16/96
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 5502. Unauthorized office; prohibition on use
of funds
-STATUTE-
(a) Payment for services may not be
made from the Treasury of the
United States to an individual acting or assuming
to act as an
officer in the civil service or uniformed services
in an office
which is not authorized by existing law, unless
the office is later
sanctioned by law.
(b) Except as otherwise provided by
statute, public money and
appropriations may not be used for pay or allowance
for an
individual employed by an official of the United
States retired
from active service.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
(a)
5 U.S.C. 52.
R.S. Sec. 1760.
(b)
5 U.S.C. 85.
July 1, 1898, ch.
546, Sec. 1 (3d
proviso on p. 644),
30 Stat. 644.
-------------------------------
In subsection (a), the words ''in the
civil service or uniformed
services'' are substituted for ''civil, military,
or naval''.
In subsection (b), the words ''Except
as otherwise provided by
statute'' are added in recognition of the Act of
Aug. 25, 1958,
Pub. L. 85-745, 72 Stat. 838, which authorizes an
office staff for
former Presidents. The reference to ''public money
and
appropriations'' is added for clarity.
Standard changes are made to conform
with the definitions
applicable and the style of this title as outlined
in the preface
to the report.
REGULATIONS: None listed. However, under 5 U.S.C. § 301, no general application regulations must be published when application is to government officers and employees.