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U.S. CODE
TITLE 5
GOVERNMENT ORGANIZATION AND EMPLOYEES

Version 2011-01-07

Last update 2011-11-10


  • THE AGENCIES GENERALLY
    • ORGANIZATION
    • POWERS
    • ADMINISTRATIVE PROCEDURE
      • GENERAL PROVISIONS
      • ADMINISTRATIVE PROCEDURE
      • NEGOTIATED RULEMAKING PROCEDURE
      • ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS
      • ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
    • THE ANALYSIS OF REGULATORY FUNCTIONS
    • JUDICIAL REVIEW
    • CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
    • EXECUTIVE REORGANIZATION
  • CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
    • OFFICE OF PERSONNEL MANAGEMENT
    • MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION
      • MERIT SYSTEMS PROTECTION BOARD
      • OFFICE OF SPECIAL COUNSEL
      • INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES
    • SPECIAL AUTHORITY
    • AGENCY CHIEF HUMAN CAPITAL OFFICERS
    • POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES
  • EMPLOYEES
    • General Provisions
      • DEFINITIONS
      • MERIT SYSTEM PRINCIPLES
      • COMMISSIONS, OATHS, RECORDS, AND REPORTS
        • COMMISSIONS, OATHS, AND RECORDS
        • REPORTS
    • Employment and Retention
      • AUTHORITY FOR EMPLOYMENT
        • EMPLOYMENT AUTHORITIES
        • THE SENIOR EXECUTIVE SERVICE
        • THE FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE
        • TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE ORDER
      • EXAMINATION, SELECTION, AND PLACEMENT
        • EXAMINATION, CERTIFICATION, AND APPOINTMENT
        • OATH OF OFFICE
        • DETAILS, VACANCIES, AND APPOINTMENTS
        • TRANSFERS
        • PROMOTION
        • ASSIGNMENTS TO AND FROM STATES
        • AIR TRAFFIC CONTROLLERS
        • APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE
      • PART-TIME CAREER EMPLOYMENT OPPORTUNITIES
      • RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT
        • RETENTION PREFERENCE
        • VOLUNTARY SEPARATION INCENTIVE PAYMENTS
        • REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY
        • REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL ORGANIZATION
        • REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE SERVICE
        • REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE FOREIGN SERVICE
        • RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
      • INFORMATION TECHNOLOGY EXCHANGE PROGRAM
    • Employee Performance
      • TRAINING
      • PERFORMANCE APPRAISAL
        • GENERAL PROVISIONS
        • PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE
      • INCENTIVE AWARDS
        • AWARDS FOR SUPERIOR ACCOMPLISHMENTS
        • AWARDS FOR COST SAVINGS DISCLOSURES
        • AWARD TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE CAPABILITIES
      • PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS
      • AGENCY PERSONNEL DEMONSTRATION PROJECT
    • Pay and Allowances
      • CLASSIFICATION
      • PAY RATES AND SYSTEMS
        • PAY COMPARABILITY SYSTEM
        • EXECUTIVE SCHEDULE PAY RATES
        • GENERAL SCHEDULE PAY RATES
        • PREVAILING RATE SYSTEMS
        • STUDENT-EMPLOYEES
        • GRADE AND PAY RETENTION
        • MISCELLANEOUS PROVISIONS
        • PAY FOR THE SENIOR EXECUTIVE SERVICE
        • SPECIAL OCCUPATIONAL PAY SYSTEMS
      • HUMAN CAPITAL PERFORMANCE FUND
      • PAY ADMINISTRATION
        • GENERAL PROVISIONS
        • WITHHOLDING PAY
        • ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
        • DUAL PAY AND DUAL EMPLOYMENT
        • PREMIUM PAY
        • PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE
        • PAYMENTS TO MISSING EMPLOYEES
        • SETTLEMENT OF ACCOUNTS
        • SEVERANCE PAY AND BACK PAY
      • TRAVEL, TRANSPORTATION, AND SUBSISTENCE
        • TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
        • TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES
        • TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS
        • MISCELLANEOUS PROVISIONS
      • ALLOWANCES
        • UNIFORMS
        • QUARTERS
        • OVERSEAS DIFFERENTIALS AND ALLOWANCES
        • MISCELLANEOUS ALLOWANCES
    • Attendance and Leave
      • HOURS OF WORK
        • GENERAL PROVISIONS
        • FLEXIBLE AND COMPRESSED WORK SCHEDULES
      • LEAVE
        • ANNUAL AND SICK LEAVE
        • OTHER PAID LEAVE
        • VOLUNTARY TRANSFERS OF LEAVE
        • VOLUNTARY LEAVE BANK PROGRAM
        • FAMILY AND MEDICAL LEAVE
        • LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
      • TELEWORK
    • Labor-Management and Employee Relations
      • LABOR-MANAGEMENT RELATIONS
        • GENERAL PROVISIONS
        • RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS
        • GRIEVANCES, APPEALS, AND REVIEW
        • ADMINISTRATIVE AND OTHER PROVISIONS
      • ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS
        • ANTIDISCRIMINATION IN EMPLOYMENT
        • EMPLOYEES RIGHT TO PETITION CONGRESS
      • SUITABILITY, SECURITY, AND CONDUCT
        • REGULATION OF CONDUCT
        • EMPLOYMENT LIMITATIONS
        • POLITICAL ACTIVITIES
        • FOREIGN GIFTS AND DECORATIONS
        • MISCONDUCT
        • DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM
        • MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW ENFORCEMENT OFFICERS
      • ADVERSE ACTIONS
        • SUSPENSION FOR 14 DAYS OR LESS
        • REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS
        • ADMINISTRATIVE LAW JUDGES
        • NATIONAL SECURITY
        • SENIOR EXECUTIVE SERVICE
      • APPEALS
      • SERVICES TO EMPLOYEES
    • Insurance and Annuities
      • COMPENSATION FOR WORK INJURIES
        • GENERALLY
        • EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES
        • LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES
      • RETIREMENT
        • GENERAL PROVISIONS
        • FORFEITURE OF ANNUITIES AND RETIRED PAY
        • CIVIL SERVICE RETIREMENT
      • FEDERAL EMPLOYEES RETIREMENT SYSTEM
        • GENERAL PROVISIONS
        • BASIC ANNUITY
        • THRIFT SAVINGS PLAN
        • SURVIVOR ANNUITIES
        • DISABILITY BENEFITS
        • GENERAL AND ADMINISTRATIVE PROVISIONS
        • FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM
      • UNEMPLOYMENT COMPENSATION
        • EMPLOYEES GENERALLY
        • EX-SERVICEMEN
      • LIFE INSURANCE
      • HEALTH INSURANCE
      • ENHANCED DENTAL BENEFITS
      • ENHANCED VISION BENEFITS
      • LONG-TERM CARE INSURANCE
    • Access to Criminal History Record Information
      • ACCESS TO CRIMINAL HISTORY RECORDS FOR NATIONAL SECURITY AND OTHER PURPOSES
    • Miscellaneous
      • PERSONNEL FLEXIBILITIES RELATING TO THE INTERNAL REVENUE SERVICE
      • DEPARTMENT OF HOMELAND SECURITY
      • NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
      • DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM
      • FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL
      • UNITED STATES SECRET SERVICE UNIFORMED DIVISION PERSONNEL

PART I

THE AGENCIES GENERALLY

I - CHAPTER 1

ORGANIZATION

Executive departments

The Executive departments are:

The Department of State.

The Department of the Treasury.

The Department of Defense.

The Department of Justice.

The Department of the Interior.

The Department of Agriculture.

The Department of Commerce.

The Department of Labor.

The Department of Housing and Urban Development. The Department of Transportation.

The Department of Energy.

The Department of Education.

The Department of Veterans Affairs.

The Department of Homeland Security.



Military departments

The military departments are:

The Department of the Army.

The Department of the Navy.

The Department of the Air Force.



Government corporation

For the purpose of this title—

(1) "Government corporation" means a corporation owned or controlled by the Government of the United States; and

(2) "Government controlled corporation" does not include a corporation owned by the Government of the United States.



Independent establishment

For the purpose of this title, "independent establishment" means—

(1) an establishment in the executive branch (other than the United States Postal Service or the Postal Regulatory Commission) which is not an Executive department, military department, Government corporation, or part thereof, or part of an independent establishment; and

(2) the Government Accountability Office.



Executive agency

For the purpose of this title, "Executive agency" means an Executive department, a Government corporation, and an independent establishment.



I - CHAPTER 3

POWERS

Departmental regulations

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.



Delegation of authority

(a) For the purpose of this section, "agency" has the meaning given it by section 5721 of this title.

(b) In addition to the authority to delegate conferred by other law, the head of an agency may delegate to subordinate officials the authority vested in him—
  • (1) by law to take final action on matters pertaining to the employment, direction, and general administration of personnel under his agency; and

  • (2) by section 3702 of title 44 to authorize the publication of advertisements, notices, or proposals.





    Oaths to witnesses

    (a) An employee of an Executive department lawfully assigned to investigate frauds on or attempts to defraud the United States, or irregularity or misconduct of an employee or agent of the United States, may administer an oath to a witness attending to testify or depose in the course of the investigation.

    (b) An employee of the Department of Defense lawfully assigned to investigative duties may administer oaths to witnesses in connection with an official investigation.



    Subpenas

    (a) The head of an Executive department or military department or bureau thereof in which a claim against the United States is pending may apply to a judge or clerk of a court of the United States to issue a subpena for a witness within the jurisdiction of the court to appear at a time and place stated in the subpena before an individual authorized to take depositions to be used in the courts of the United States, to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined on the subject of the claim.

    (b) If a witness, after being served with a subpena, neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district in which the subpena issued may proceed, on proper process, to enforce obedience to the subpena, or to punish for disobedience, in the same manner as a court of the United States may in case of process of subpena ad testificandum issued by the court.



    Systematic agency review of operations

    (a) For the purpose of this section, "agency" means an Executive agency, but does not include—
    • (1) a Government controlled corporation;

    • (2) the Tennessee Valley Authority;

    • (3) the Virgin Islands Corporation;

    • (4) the Atomic Energy Commission;

    • (5) the Central Intelligence Agency;

    • (6) the Panama Canal Commission; or

    • (7) the National Security Agency, Department of Defense.

    (b) Under regulations prescribed and administered by the President, each agency shall review systematically the operations of each of its activities, functions, or organization units, on a continuing basis.

    (c) The purpose of the reviews includes—
    • (1) determining the degree of efficiency and economy in the operation of the agency's activities, functions, or organization units;

    • (2) identifying the units that are outstanding in those respects; and

    • (3) identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations.





      Agency strategic plans

      (a) Not later than the first Monday in February of any year following the year in which the term of the President commences under section 101 of title 3, the head of each agency shall make available on the public website of the agency a strategic plan and notify the President and Congress of its availability. Such plan shall contain—
      • (1) a comprehensive mission statement covering the major functions and operations of the agency;

      • (2) general goals and objectives, including outcome-oriented goals, for the major functions and operations of the agency;

      • (3) a description of how any goals and objectives contribute to the Federal Government priority goals required by section 1120 (a) of title 31;

      • (4) a description of how the goals and objectives are to be achieved, including—
        • (A) a description of the operational processes, skills and technology, and the human, capital, information, and other resources required to achieve those goals and objectives; and

        • (B) a description of how the agency is working with other agencies to achieve its goals and objectives as well as relevant Federal Government priority goals;

      • (5) a description of how the goals and objectives incorporate views and suggestions obtained through congressional consultations required under subsection (d);

      • (6) a description of how the performance goals provided in the plan required by section 1115 (a) of title 31, including the agency priority goals required by section 1120 (b) of title 31, if applicable, contribute to the general goals and objectives in the strategic plan;

      • (7) an identification of those key factors external to the agency and beyond its control that could significantly affect the achievement of the general goals and objectives; and

      • (8) a description of the program evaluations used in establishing or revising general goals and objectives, with a schedule for future program evaluations to be conducted.

      (b) The strategic plan shall cover a period of not less than 4 years following the fiscal year in which the plan is submitted. As needed, the head of the agency may make adjustments to the strategic plan to reflect significant changes in the environment in which the agency is operating, with appropriate notification of Congress.

      (c) The performance plan required by section 1115 (b) of title 31 shall be consistent with the agency's strategic plan. A performance plan may not be submitted for a fiscal year not covered by a current strategic plan under this section.

      (d) When developing or making adjustments to a strategic plan, the agency shall consult periodically with the Congress, including majority and minority views from the appropriate authorizing, appropriations, and oversight committees, and shall solicit and consider the views and suggestions of those entities potentially affected by or interested in such a plan. The agency shall consult with the appropriate committees of Congress at least once every 2 years.

      (e) The functions and activities of this section shall be considered to be inherently governmental functions. The drafting of strategic plans under this section shall be performed only by Federal employees.

      (f) For purposes of this section the term "agency" means an Executive agency defined under section 105, but does not include the Central Intelligence Agency, the Government Accountability Office, the United States Postal Service, and the Postal Regulatory Commission.



      I - CHAPTER 5

      ADMINISTRATIVE PROCEDURE