Subpart A—General Provisions
CHAPTER 21 —DEFINITIONS
Amendments
1980—
1978—
1972—
Chapter Referred to in Other Sections
This chapter is referred to in title 22 section 3664.
§2101. Civil service; armed forces; uniformed services
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.
(
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 [§§2101, 4102, 4109, 5541, 8101] of
Amendments
1979—Par. (3).
Effective Date of 1979 Amendment
Amendment by
Short Title of 1998 Amendment
Short Title of 1994 Amendment
Short Title of 1990 Amendment
Coordination of Title VII of Pub. L. 101–508 With Section 909 of Title 2
Section Referred to in Other Sections
This section is referred to in title 18 section 207; title 22 section 3641; title 41 section 423.
§2101a. The Senior Executive Service
The "Senior Executive Service" consists of Senior Executive Service positions (as defined in
(Added
Effective Date
Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§2102. The competitive service
(a) The "competitive service" consists of—
(1) all civil service positions in the executive branch, except—
(A) positions which are specifically excepted from the competitive service by or under statute;
(B) positions to which appointments are made by nomination for confirmation by the Senate, unless the Senate otherwise directs; and
(C) positions in the Senior Executive Service;
(2) civil service positions not in the executive branch which are specifically included in the competitive service by statute; and
(3) positions in the government of the District of Columbia which are specifically included in the competitive service by statute.
(b) Notwithstanding subsection (a)(1)(B) of this section, the "competitive service" includes positions to which appointments are made by nomination for confirmation by the Senate when specifically included therein by statute.
(c) As used in other Acts of Congress, "classified civil service" or "classified service" means the "competitive service".
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Jan. 16, 1883, ch. 27, §7 (less applicability to appointment and promotion), |
Subsection (a) is restated in the form of a definition.
Subsection (a)(1) is based on former section 638, which placed positions in the executive branch of the Government generally in the competitive service by the requirement that employment be predicated on passing an examination or being exempted from examination, and section 1 of the Act of Nov. 26, 1940, ch. 919, title I,
In subsection (a)(1)(B), the words "or to pass an examination" are omitted as covered by the exclusion from the "competitive service".
Subsection (a)(2) preserves the exception stated in former section 638 modified to recognize the several statutory exceptions to this exception that have been enacted. The language of former section 638 relative to examination is codified in sections 3304(b) and 3361. The reference to veterans' preference is omitted because the statute referred to, R.S. §1754, was superseded by sections 3 and 21 of the Act of June 18, 1929, ch. 28,
Subsection (b) is added because of the provisions in
Subsection (c) is supplied for conformity inasmuch as the terms are coextensive by definition.
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
1978—Subsec. (a)(1)(C).
Effective Date of 1978 Amendment
Amendment by
Cross References
Employment of reading assistants for blind employees without regard to provisions governing appointments to the competitive service, see
Section Referred to in Other Sections
This section is referred to in
§2103. The excepted service
(a) For the purpose of this title, the "excepted service" consists of those civil service positions which are not in the competitive service or the Senior Executive Service.
(b) As used in other Acts of Congress, "unclassified civil service" or "unclassified service" means the "excepted service".
(
Historical and Revision Notes
The section is supplied for convenience. The "excepted service" has come to mean all employees not in the competitive service, for whatever reason.
Amendments
1978—Subsec. (a).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2104. Officer
(a) For the purpose of this title, "officer", except as otherwise provided by this section or when specifically modified, means a justice or judge of the United States and an individual who is—
(1) required by law to be appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a court of the United States;
(C) the head of an Executive agency; or
(D) the Secretary of a military department;
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an authority named by paragraph (1) of this section, or the Judicial Conference of the United States, while engaged in the performance of the duties of his office.
(b) Except as otherwise provided by law, an officer of the United States Postal Service or of the Postal Rate Commission is deemed not an officer for purposes of this title.
(
Historical and Revision Notes
The section is supplied for convenience.
Amendments
1970—Subsec. (a).
Subsec. (b).
Effective Date of 1970 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2105. Employee
(a) For the purpose of this title, "employee", except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—
(1) appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a Member or Members of Congress, or the Congress;
(C) a member of a uniformed service;
(D) an individual who is an employee under this section;
(E) the head of a Government controlled corporation; or
(F) an adjutant general designated by the Secretary concerned under
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
(b) An individual who is employed at the United States Naval Academy in the midshipmen's laundry, the midshipmen's tailor shop, the midshipmen's cobbler and barber shops, and the midshipmen's store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee.
(c) An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Army and Air Force Motion Picture Service, Navy Ship's Stores Ashore, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an employee for the purpose of—
(1) laws administered by the Office of Personnel Management, except—
(A) section 7204;
(B) as otherwise specifically provided in this title;
(C) the Fair Labor Standards Act of 1938;
(D) for the purpose of entering into an interchange agreement to provide for the noncompetitive movement of employees between such instrumentalities and the competitive service; or
(E) subchapter V of
(2) subchapter I of
This subsection does not affect the status of these nonappropriated fund activities as Federal instrumentalities.
(d) A Reserve of the armed forces who is not on active duty or who is on active duty for training is deemed not an employee or an individual holding an office of trust or profit or discharging an official function under or in connection with the United States because of his appointment, oath, or status, or any duties or functions performed or pay or allowances received in that capacity.
(e) Except as otherwise provided by law, an employee of the United States Postal Service or of the Postal Rate Commission is deemed not an employee for purposes of this title.
(f) For purposes of sections 1212, 1213, 1214, 1215, 1216, 1221, 1222, 2302, and 7701, employees appointed under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (b) | [Uncodified]. | Aug. 5, 1939, ch. 448, §2, |
| [Uncodified]. | Dec. 3, 1945, ch. 510, §2, |
|
| [Uncodified]. | Dec. 28, 1945, ch. 593, §2, |
|
| [Uncodified]. | Dec. 28, 1945, ch. 594, §2, |
|
| [Uncodified]. | July 26, 1946, ch. 675, §2 (last proviso), |
|
| (c) | June 19, 1952, ch. 444, §1, |
|
| (d) | Aug. 10, 1956, ch. 1041, §29(d), |
Subsection (a) is supplied to avoid the necessity of defining "employee" each time it appears in this title. The subsection is based on a definition worked out independently by the Civil Service Commission and the Department of Labor and in use by both for more than a decade.
In subsection (b), the provisions of the source statutes which relate to credit for prior service and diminution of pay are executed, or, insofar as to be executed preserved by technical section 8.
In subsection (d), the words "officer or" are omitted as included within "employee".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The Fair Labor Standards Act of 1938, referred to in subsec. (c)(1)(C), is act June 25, 1938, ch. 676,
Amendments
1997—Subsec. (b).
1996—Subsec. (b).
1994—Subsec. (f).
1993—Subsec. (c)(1)(E).
1990—Subsec. (c)(1).
Subsec. (c)(2).
1986—Subsec. (c)(1).
Subsec. (c)(2).
1979—Subsec. (a)(1)(F).
Subsec. (c)(1).
1978—Subsec. (c)(1).
1972—Subsec. (c)(1).
1970—Subsec. (e).
1968—Subsec. (a)(1)(F).
Effective Date of 1996 Amendment
Section 370(e) of
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1990 Amendment
Section 7202(m) of
"(1) The amendments made by this section [amending this section and
"(A) moves without a break in service of more than 3 days from employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard that is described in
"(B) moves without a break in service from employment in the Department of Defense or the Coast Guard that is not described in such section 2105(c) to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, that is described in such section 2105(c).
"(2) The Secretary of Defense, the Secretary of Transportation, the Director of the Office of Personnel Management, and the Executive Director of the Federal Retirement Thrift Investment Board, as applicable, shall take such actions as may be practicable to ensure that each individual who has moved as described under paragraph (1) on or after January 1, 1987, and before the date of enactment of this Act [Nov. 5, 1990], receives the benefit of the amendments made by this section as if such amendments had been in effect at the time such individual so moved. Each such individual who wishes to make an election of retirement coverage under the amendments made by subsection (j) or (k) of this section [amending
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Treatment of Individuals Electing To Remain Subject to Their Former Retirement System
Section 7202(n) of
"(1) For the purpose of this section [amending this section and
"(2)(A) If an individual makes an election under
"(B) Notwithstanding subsection (a) or (b) of
"(3)(A) If an individual makes an election under
"(B) Notwithstanding subsection (a) or (b) of
"(4) If an individual makes an election under
[Amendment by
Prohibition of Decrease in Basic Pay Rate of Employees of Nonappropriated Fund Instrumentalities
Amendments by
Section Referred to in Other Sections
This section is referred to in
§2106. Member of Congress
For the purpose of this title, "Member of Congress" means the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.
(
Historical and Revision Notes
The section is supplied to avoid the necessity of defining "Member of Congress" each time the term is used in this title.
Amendments
1979—
1970—
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2107. Congressional employee
For the purpose of this title, "Congressional employee" means—
(1) an employee of either House of Congress, of a committee of either House, or of a joint committee of the two Houses;
(2) an elected officer of either House who is not a Member of Congress;
(3) the Legislative Counsel of either House and an employee of his office;
(4) a member of the Capitol Police;
(5) an employee of a Member of Congress if the pay of the employee is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives;
[(6) Repealed.
(7) the Architect of the Capitol and an employee of the Architect of the Capitol;
(8) an employee of the Botanic Garden; and
(9) an employee of the Capitol Guide Service.
(
Historical and Revision Notes
1966 Act
The section is supplied to avoid the necessity of defining "Congressional employee" each time the term is used in this title.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2107(6) | 2:126–1. | July 27, 1965, |
| 2107(8) | 5 App.: 2251(c). | Sept. 26, 1966, |
Paragraph (6), relating to Official Reporters of Debates of the Senate and their employees, is eliminated as unnecessary on authority of the act of July 27, 1965 (
In paragraph (8), based on the act of September 26, 1966 (5 App. U.S.C. 2251(c)), the word "officers" is omitted as included in "employees," and the words "United States" preceding the words "Botanic Garden" are omitted as unnecessary.
Amendments
1996—Par. (5).
1970—Par. (9). Pub. L. 91—510 added par. (9).
Effective Date of 1970 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2108. Veteran; disabled veteran; preference eligible
For the purpose of this title–
(1) "veteran" means an individual who–
(A) served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955;
(B) served on active duty as defined by
(C) served on active duty as defined by
and who has been separated from the armed forces under honorable conditions;
(2) "disabled veteran" means an individual who has served on active duty in the armed forces, has been separated therefrom under honorable conditions, and has established the present existence of a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the Department of Veterans Affairs or a military department;
(3) "preference eligible" means, except as provided in paragraph (4) of this section—
(A) a veteran as defined by paragraph (1)(A) of this section;
(B) a veteran as defined by paragraph (1)(B) or (C) of this section;
(C) a disabled veteran;
(D) the unmarried widow or widower of a veteran as defined by paragraph (1)(A) of this section;
(E) the wife or husband of a service-connected disabled veteran if the veteran has been unable to qualify for any appointment in the civil service or in the government of the District of Columbia;
(F) the mother of an individual who lost his life under honorable conditions while serving in the armed forces during a period named by paragraph (1)(A) of this section, if—
(i) her husband is totally and permanently disabled;
(ii) she is widowed, divorced, or separated from the father and has not remarried; or
(iii) she has remarried but is widowed, divorced, or legally separated from her husband when preference is claimed; and
(G) the mother of a service-connected permanently and totally disabled veteran, if—
(i) her husband is totally and permanently disabled;
(ii) she is widowed, divorced, or separated from the father and has not remarried; or
(iii) she has remarried but is widowed, divorced, or legally separated from her husband when preference is claimed;
but does not include applicants for, or members of, the Senior Executive Service, the Defense Intelligence Senior Executive Service, the Senior Cryptologic Executive Service, or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;
(4) except for the purposes of chapters 43 and 75 of this title, "preference eligible" does not include a retired member of the armed forces unless—
(A) the individual is a disabled veteran; or
(B) the individual retired below the rank of major or its equivalent; and
(5) "retired member of the armed forces" means a member or former member of the armed forces who is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 27, 1944, ch. 287, §2 (less 1st 76 words), |
||
| Jan. 19, 1948, ch. 1, §1, |
||
| July 2, 1948, ch. 816, |
||
| Aug. 26, 1949, ch. 513, |
||
| Dec. 27, 1950, ch. 1151, §1, |
||
| July 14, 1952, ch. 728, §1, |
In paragraph (2), the words "a military department" are substituted for "the War Department or Navy Department" (appearing in section 2 of the Act of June 27, 1944) because of the definition of "military department" in section 102. The Department of War was designated the Department of the Army by the Act of July 26, 1947, ch. 343, §205,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2108 | 5 App.: 851. | Mar. 3, 1966, |
Amendments
1998—Par. (3).
1997—Par. (1)(B).
Par. (1)(C).
Par. (3)(B).
1991—Par. (2).
1988—Par. (3).
1981—Par. (3).
1980—Par. (3).
1979—Par. (3).
Par. (5).
1978—Par. (2).
Par. (3).
Pars. (4), (5).
Par. (5).
1976—Par. (1)(B).
1971—Par. (3)(D).
Par. (3)(E).
1968—Par. (3)(D).
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by section 2(a)(8) of
Section 2(a)(9)(B) of
Effective Date of 1978 Amendment
Section 307(a) of
Amendment by section 401(d) of
Effective Date of 1968 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2109. Air traffic controller; Secretary
For the purpose of this title—
(1) "air traffic controller" or "controller" means a civilian employee of the Department of Transportation or the Department of Defense who, in an air traffic control facility or flight service station facility—
(A) is actively engaged—
(i) in the separation and control of air traffic; or
(ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or
(B) is the immediate supervisor of any employee described in subparagraph (A); and
(2) "Secretary", when used in connection with "air traffic controller" or "controller", means the Secretary of Transportation with respect to controllers in the Department of Transportation, and the Secretary of Defense with respect to controllers in the Department of Defense.
(Added
Amendments
1986—Par. (1).
1980—
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Section 3 of
"(1) October 1, 1980, or
"(2) the ninetieth day after the date of the enactment of this Act [Sept. 12, 1980]."
Effective Date
Section effective on 90th day after May 16, 1972, see, section 10 of
Section Referred to in Other Sections
This section is referred to in title 49 section 44506.
CHAPTER 23 —MERIT SYSTEM PRINCIPLES
Chapter Referred to in Other Sections
This chapter is referred to in
§2301. Merit system principles
(a) This section shall apply to—
(1) an Executive agency; and
(2) the Government Printing Office.
(b) Federal personnel management should be implemented consistent with the following merit system principles:
(1) Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society, and selection and advancement should be determined solely on the basis of relative ability, knowledge, and skills, after fair and open competition which assures that all receive equal opportunity.
(2) All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.
(3) Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector, and appropriate incentives and recognition should be provided for excellence in performance.
(4) All employees should maintain high standards of integrity, conduct, and concern for the public interest.
(5) The Federal work force should be used efficiently and effectively.
(6) Employees should be retained on the basis of the adequacy of their performance, inadequate performance should be corrected, and employees should be separated who cannot or will not improve their performance to meet required standards.
(7) Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance.
(8) Employees should be—
(A) protected against arbitrary action, personal favoritism, or coercion for partisan political purposes, and
(B) prohibited from using their official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for election.
(9) Employees should be protected against reprisal for the lawful disclosure of information which the employees reasonably believe evidences—
(A) a violation of any law, rule, or regulation, or
(B) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
(c) In administering the provisions of this chapter—
(1) with respect to any agency (as defined in
(2) with respect to any entity in the executive branch which is not such an agency or part of such an agency, the head of such entity shall, pursuant to authority otherwise available, take any action, including the issuance of rules, regulations, or directives;
which is consistent with the provisions of this title and which the President or the head, as the case may be, determines is necessary to ensure that personnel management is based on and embodies the merit system principles.
(Added
Amendments
1990—Subsec. (a).
Effective Date
Chapter effective 90 days after Oct. 13, 1978, see section 907 of
Section Referred to in Other Sections
This section is referred to in
§2302. Prohibited personnel practices
(a)(1) For the purpose of this title, "prohibited personnel practice" means any action described in subsection (b).
(2) For the purpose of this section—
(A) "personnel action" means—
(i) an appointment;
(ii) a promotion;
(iii) an action under
(iv) a detail, transfer, or reassignment;
(v) a reinstatement;
(vi) a restoration;
(vii) a reemployment;
(viii) a performance evaluation under
(ix) a decision concerning pay, benefits, or awards, concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph;
(x) a decision to order psychiatric testing or examination; and
(xi) any other significant change in duties, responsibilities, or working conditions;
with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in
(B) "covered position" means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position which is, prior to the personnel action—
(i) excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or
(ii) excluded from the coverage of this section by the President based on a determination by the President that it is necessary and warranted by conditions of good administration; and
(C) "agency" means an Executive agency and the Government Printing Office, but does not include—
(i) a Government corporation, except in the case of an alleged prohibited personnel practice described under subsection (b)(8);
(ii) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Security Agency, and, as determined by the President, any Executive agency or unit thereof the principal function of which is the conduct of foreign intelligence or counterintelligence activities; or
(iii) the General Accounting Office.
(b) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority—
(1) discriminate for or against any employee or applicant for employment—
(A) on the basis of race, color, religion, sex, or national origin, as prohibited under section 717 of the Civil Rights Act of 1964 (
(B) on the basis of age, as prohibited under sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (
(C) on the basis of sex, as prohibited under section 6(d) of the Fair Labor Standards Act of 1938 (
(D) on the basis of handicapping condition, as prohibited under section 501 of the Rehabilitation Act of 1973 (
(E) on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation;
(2) solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of—
(A) an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or
(B) an evaluation of the character, loyalty, or suitability of such individual;
(3) coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity;
(4) deceive or willfully obstruct any person with respect to such person's right to compete for employment;
(5) influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment;
(6) grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment;
(7) appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position any individual who is a relative (as defined in
(8) take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment because of—
(A) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences—
(i) a violation of any law, rule, or regulation, or
(ii) 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; or
(B) any disclosure 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 or applicant reasonably believes evidences—
(i) a violation of any law, rule, or regulation, or
(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
(9) take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for employment because of—
(A) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;
(B) testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A);
(C) cooperating with or disclosing information to the Inspector General of an agency, or the Special Counsel, in accordance with applicable provisions of law; or
(D) for refusing to obey an order that would require the individual to violate a law;
(10) discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this paragraph shall prohibit an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or of the United States;
(11)(A) knowingly take, recommend, or approve any personnel action if the taking of such action would violate a veterans' preference requirement; or
(B) knowingly fail to take, recommend, or approve any personnel action if the failure to take such action would violate a veterans' preference requirement; or
(12) take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or regulation implementing, or directly concerning, the merit system principles contained in
This subsection shall not be construed to authorize the withholding of information from the Congress or the taking of any personnel action against an employee who discloses information to the Congress.
(c) The head of each agency shall be responsible for the prevention of prohibited personnel practices, for the compliance with and enforcement of applicable civil service laws, rules, and regulations, and other aspects of personnel management, and for ensuring (in consultation with the Office of Special Counsel) that agency employees are informed of the rights and remedies available to them under this chapter and
(d) This section shall not be construed to extinguish or lessen any effort to achieve equal employment opportunity through affirmative action or any right or remedy available to any employee or applicant for employment in the civil service under—
(1) section 717 of the Civil Rights Act of 1964 (
(2) sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (
(3) under section 6(d) of the Fair Labor Standards Act of 1938 (
(4) section 501 of the Rehabilitation Act of 1973 (
(5) the provisions of any law, rule, or regulation prohibiting discrimination on the basis of marital status or political affiliation.
(e)(1) For the purpose of this section, the term "veterans' preference requirement" means any of the following provisions of law:
(A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312, 3313, 3314, 3315, 3316, 3317(b), 3318, 3320, 3351, 3352, 3363, 3501, 3502(b), 3504, and 4303(e) and (with respect to a preference eligible referred to in section 7511(a)(1)(B)) subchapter II of
(B)
(C) Section 1308(b) of the Alaska National Interest Lands Conservation Act.
(D) Section 301(c) of the Foreign Service Act of 1980.
(E)
(F)
(G) Any other provision of law that the Director of the Office of Personnel Management designates in regulations as being a veterans' preference requirement for the purposes of this subsection.
(H) Any regulation prescribed under subsection (b) or (c) of section 1302 and any other regulation that implements a provision of law referred to in any of the preceding subparagraphs.
(2) Notwithstanding any other provision of this title, no authority to order corrective action shall be available in connection with a prohibited personnel practice described in subsection (b)(11). Nothing in this paragraph shall be considered to affect any authority under section 1215 (relating to disciplinary action).
(Added
References in Text
The civil service laws, referred to in subsec. (c), are set out in this title. See, particularly,
Section 1308(b) of the Alaska National Interest Lands Conservation Act, referred to in subsec. (e)(1)(C), is classified to
Section 301(c) of the Foreign Service Act of 1980, referred to in subsec. (e)(1)(D), is classified to
Amendments
1998—Subsec. (a)(1).
"(A) Any action described in subsection (b) of this section.
"(B) Any action or failure to act that is designated as a prohibited personnel action under
Subsec. (b)(10) to (12).
Subsec. (e).
1996—Subsec. (a)(1).
Subsec. (a)(2)(C)(ii).
Subsec. (b)(2).
1994—Subsec. (a)(2)(A).
Subsec. (a)(2)(A)(x), (xi).
Subsec. (a)(2)(B).
"(i) a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or
"(ii) any position excluded from the coverage of this section by the President based on a determination by the President that it is necessary and warranted by conditions of good administration."
Subsec. (a)(2)(C)(i).
Subsec. (a)(2)(C)(ii).
Subsec. (c).
1993—Subsec. (b)(2).
"(A) an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or
"(B) an evaluation of the character, loyalty, or suitability of such individual;".
1992—Subsec. (b)(8)(B).
1990—Subsec. (a)(2)(C).
1989—Subsec. (b)(8).
Subsec. (b)(9).
Effective Date of 1996 Amendments
Amendment by section 1122(a)(1) of
Section 315(c) of
Effective Date of 1993 Amendment; Savings Provision
Amendment by
Effective Date of 1989 Amendment
Amendment by
Savings Provision
Section Referred to in Other Sections
This section is referred to in
§2303. Prohibited personnel practices in the Federal Bureau of Investigation
(a) Any employee of the Federal Bureau of Investigation who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take a personnel action with respect to any employee of the Bureau as a reprisal for a disclosure of information by the employee to the Attorney General (or an employee designated by the Attorney General for such purpose) which the employee or applicant reasonably believes evidences—
(1) a violation of any law, rule, or regulation, or
(2) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
For the purpose of this subsection, "personnel action" means any action described in clauses (i) through (x) of
(b) The Attorney General shall prescribe regulations to ensure that such a personnel action shall not be taken against an employee of the Bureau as a reprisal for any disclosure of information described in subsection (a) of this section.
(c) The President shall provide for the enforcement of this section in a manner consistent with applicable provisions of
(Added
Amendments
1989—Subsec. (c).
Effective Date of 1989 Amendment
Amendment by
Delegation of Responsibilities Concerning FBI Employees Under the Civil Service Reform Act of 1978
Memorandum of President of the United States, Apr. 14, 1997, 62 F.R. 23123, provided:
Memorandum for the Attorney General
By the authority vested in me by the Constitution and laws of the United States of America, including
All of the functions vested in the President by
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
§2304. Responsibility of the General Accounting Office
If requested by either House of the Congress (or any committee thereof), or if considered necessary by the Comptroller General, the General Accounting Office shall conduct audits and reviews to assure compliance with the laws, rules, and regulations governing employment in the executive branch and in the competitive service and to assess the effectiveness and soundness of Federal personnel management.
(Added
Amendments
1995—
"(1) significant actions taken by the Board to carry out its functions under this title; and
"(2) significant actions of the Office of Personnel Management, including an analysis of whether or not the actions of the Office are in accord with merit system principles and free from prohibited personnel practices."
1992—Subsec. (b).
§2305. Coordination with certain other provisions of law
No provision of this chapter, or action taken under this chapter, shall be construed to impair the authorities and responsibilities set forth in section 102 of the National Security Act of 1947 (
(Added
References in Text
The Central Intelligence Agency Act of 1949 (
The Act entitled "An Act to provide certain administrative authorities for the National Security Agency, and for other purposes", approved May 29, 1959 (
The Act entitled "An Act to amend the Internal Security Act of 1950", approved March 26, 1964 (
CHAPTER 29 —COMMISSIONS, OATHS, RECORDS, AND REPORTS
SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS
SUBCHAPTER II—REPORTS
Amendments
1978—
SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS
§2901. Commission of an officer
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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §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.
§2902. Commission; where recorded
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | [None.] | |
| (b) | Mar. 3, 1875, ch. 131, §14, |
|
| Mar. 28, 1896, ch. 73, |
||
| Mar. 3, 1905, ch. 1422, |
||
| (c) | Aug. 8, 1888, ch. 786, |
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, §305(a),
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).
Section Referred to in Other Sections
This section is referred to in title 4 section 42.
§2903. Oath; authority to administer
(a) The oath of office required by
(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
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | R.S. §1758. | |
| (b) | June 26, 1943, ch. 145, §206 (less 1st 9 words after last comma), |
|
| (c) | Sept. 30, 1961, |
|
| July 3, 1926, ch. 752, |
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 (
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.
Section Referred to in Other Sections
This section is referred to in title 39 section 1011.
§2904. Oath; administered without fees
An employee of an Executive agency who is authorized to administer the oath of office required by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 26, 1943, ch. 145, §206 (1st 9 words after last comma), |
||
| Sept. 30, 1961, |
||
| Aug. 29, 1890, ch. 820, §1 (2d sentence under "Fourth Auditor's Office"), |
The section is restated to combine former sections 16a(a) (1st 9 words after last comma) and 20. The prohibition is restated in positive form. The words "officer" and "clerk" are omitted as included in "employee". Reference to oaths taken on promotion is 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.
§2905. Oath; renewal
(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
(b) An individual who, on appointment as an employee of a House of Congress, subscribed to the oath of office required by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Aug. 14, 1937, ch. 624, |
|
| (b) | Mar. 28, 1955, ch. 17, |
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 (
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§2906. Oath; custody
The oath of office taken by an individual under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §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.
SUBCHAPTER II—REPORTS
§2951. Reports to the Office of Personnel Management
The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that—
(1) the appointing authority notify the Office of Personnel Management in writing of the following actions and their dates as to each individual selected for appointment in the competitive service from among those who have been examined—
(A) appointment and residence of appointee;
(B) separation during probation;
(C) transfer;
(D) resignation;
(E) removal; and
(2) the Office keep records of these actions.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Jan. 16, 1883, ch. 27, §2(2)8 (less last sentence), |
The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302.
In paragraph (1), the word "authority" is substituted for "power". The words "or employment" are omitted as included within "appointment".
In paragraph (1)(B), the words "separation during probation" are substituted for "of the rejection of any such person after probation". The words "rejection . . . after probation" refer to a rejection, i.e., separation, after a portion of the probationary period has been served but before the end of the probationary period. This is so because an individual can be rejected only during the probationary period. After he has completed the probationary period, he can be removed only under procedures governing removals from the competitive service, and removals of this nature are covered by paragraph (E).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Pars. (1), (2).
Effective Date of 1978 Amendment
Amendment by
Cross References
President's power to grant exceptions from provisions of this section, see
Section Referred to in Other Sections
This section is referred to in
§2952. Time of making annual reports
Except when a different time is specifically prescribed by statute, the head of each Executive department or military department shall make the annual reports, required to be submitted to Congress, at the beginning of each regular session of Congress. The reports shall cover the transactions of the preceding year.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §195. |
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 (
This section 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,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§2953. Reports to Congress on additional employee requirements
(a) Each report, recommendation, or other communication, of an official nature, of an Executive agency which—
(1) relates to pending or proposed legislation which, if enacted, will entail an estimated annual expenditure of appropriated funds in excess of $1,000,000;
(2) is submitted or transmitted to Congress or a committee thereof in compliance with law or on the initiative of the appropriate authority of the executive branch; and
(3) officially proposes or recommends the creation or expansion, either by action of Congress or by administrative action, of a function, activity, or authority of the Executive agency to be in addition to those functions, activities, and authorities thereof existing when the report, recommendation, or other communication is so submitted or transmitted;
shall contain a statement, concerning the Executive agency, for each of the first 5 fiscal years during which each additional or expanded function, activity, or authority so proposed or recommended is to be in effect, setting forth the following information—
(A) the estimated maximum additional—
(i) man-years of civilian employment, by general categories of positions;
(ii) expenditures for personal services; and
(iii) expenditures for all purposes other than personal services;
which are attributable to the function, activity, or authority and which will be required to be effected by the Executive agency in connection with the performance thereof; and
(B) such other statement, discussion, explanation, or other information as is considered advisable by the appropriate authority of the executive branch or that is required by Congress or a committee thereof.
(b) Subsection (a) of this section does not apply to—
(1) the Central Intelligence Agency;
(2) a Government controlled corporation; or
(3) the General Accounting Office.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 25, 1956, ch. 730, §1, |
In subsection (a), the words, "Executive agency" are substituted for "department, agency, or independent establishment of the executive branch of the Federal Government (including any corporation wholly owned by the United States)" in view of the definition of "Executive agency" in section 105. The exception of "a Government controlled corporation" is subsection (b) (2) is added to preserve the application to corporations wholly owned by the United States.
The exception of "the General Accounting Office" in subsection (b)(3) is added to preserve application to the executive branch.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§2954. Information to committees of Congress on request
An Executive agency, on request of the Committee on Government Operations of the House of Representatives, or of any seven members thereof, or on request of the Committee on Governmental Affairs of the Senate, or any five members thereof, shall submit any information requested of it relating to any matter within the jurisdiction of the committee.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| May 29, 1928, ch. 901, §2, |
The words "Executive agency" are substituted for "executive department and independent establishment" in view of the definition of "Executive agency" in section 105.
The words "Committee on Government Operations of the House of Representatives" are substituted for "Committee on Expenditures in the Executive Departments of the House of Representatives" on authority of H. Res. 647 of the 82d Congress, adopted July 3, 1952.
The words "Committee on Government Operations of the Senate" are substituted for "Committee on Expenditures in the Executive Departments of the Senate" on authority of S. Res. 280 of the 82d Congress, adopted Mar. 3, 1952.
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
1994—
Change of Name
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of