TITLE 5.-GOVERNMENT ORGANIZATION AND EMPLOYEES This title was enacted by Pub. L. 89-544, § 1, Sept. 6, 1966, 80 Stat. 378 Part I.-THE AGENCIES GENERALLY Chapter 1.-ORGANIZATION § 101. Executive departments. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 6001; title 42 section 3254e. § 102. Military departments. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 6001; title 40 section 48b; title 42 section 3254e. § 105. Executive agency. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 48b. Chapter 3.-POWERS §305. Systematic agency review of operations. TRANSFER OF FUNCTIONS All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume. Chapter 5.-ADMINISTRATIVE PROCEDURE SUBCHAPTER II.-ADMINISTRATIVE PROCEDURE SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 21 sections 811, 824, 875; title 31 section 1062. § 552. Public information; agency rules, opinions, orders, records, and proceedings. (a) Each agency shall make available to the public information as follows: * (3) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, on request for identifiable records made in accordance with published rules stating the time, place, fees to the extent authorized by statute, and procedure to be followed, shall make the records promptly available to any person. On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant. In such a case the court shall determine the matter de novo and the burden is on the agency to sustain its action. In the event of noncompliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member. Except as to causes the court considers of greater importance, proceedings before the district court, as authorized Page 17 by this paragraph, take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way. (c) After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose. When rules are required by statute to be made on the record after opportunity for an agency hearing, sections 556 and 557 of this title apply instead of this subsection. § 706. Scope of review. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 1474. Chapter 9.-EXECUTIVE REORGANIZATION § 901. Purpose. (a) The Congress declares that it is the policy of the United States (1) to promote better execution of the laws, more effective management of the executive branch and of its agencies and functions, and expeditious administration of the public business; (2) to reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of the Government; (3) to increase the efficiency of the operations of the Government to the fullest extent practicable; (4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes; (5) to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions as may not be necessary for the efficient conduct of the Government; and (6) to eliminate overlapping and duplication of effort. (c) The President shall from time to time examine the organization of all agencies and shall determine what changes in such organization are necessary to carry out any policy set forth in subsection (a) of this section. (As amended Pub. L. 92-179, § 1, Dec. 10, 1971, 85 Stat. 574.) AMENDMENTS 1971-Subsec. (a). Pub. L. 92-179, § 1(a), substituted "The Congress declares that it is the policy of the United States" for "The President shall from time to time examine the organization of all agencies and shall determine what changes therein are necessary to accomplish the following purposes" preceding par. (1). Subsec. (c). Pub. L. 92-179, § 1(b), added subsec. (c), consisting of provisions formerly set out preceding par. (1) of subsec. (a). § 903. Reorganization plans. (a) Whenever the President, after investigation, finds that changes in the organization of agencies are necessary to carry out any policy set forth in section 901(a) of this title, he shall prepare a reorganization plan specifying the reorganizations he finds are necessary. Any plan may provide for (1) the transfer of the whole or a part of an agency, or of the whole or a part of the functions thereof, to the jursidiction and control of another agency; (2) the abolition of all or a part of the functions of an agency; (3) the consolidation or coordination of the whole or a part of an agency, or of the whole or a part of the functions thereof, with the whole or a part of another agency or the functions thereof; (4) the consolidation or coordination of a part of an agency or the functions thereof with another part of the same agency or the functions thereof; (5) the authorization of an officer to delegate any of his functions; or (6) the abolition of the whole or a part of an agency which agency or part does not have, or on the taking effect of the reorganization plan will not have, any functions. The President shall transmit the plan (bearing an identification number) to the Congress together with a declaration that, with respect to each reorganization included in the plan, he has found that the reorganization is necessary to carry out any policy set forth in section 901(a) of this title. (b) The President shall have a reorganization plan delivered to both Houses on the same day and to each House while it is in session, and furthermore shall not transmit more than one such plan to Congress within any period of thirty consecutive days. In his message transmitting a reorganization plan, the President shall specify with respect to each abolition of a function included in the plan the statutory authority for the exercise of the function and the reduction of expenditures (itemized so far as practicable) that it is probable will be brought about by the taking effect of the reorganizations included in the plan. (As amended Pub. L. 92–179, § 2, Dec. 10, 1971, 85 Stat. 574.) AMENDMENTS 1971-Subsec. (a). Pub. L. 92–179, § 2(a), restructured provisions covering requirements of findings of fact and certification by placing in a position preceding par. (1) provisions formerly set out following par. (6). Subsec. (b). Pub. L. 92-179, § 2(b), inserted provisions limiting to one plan within any period of thirty consecutive days the allowable number of plans submitted. § 904. Additional contents of reorganization plans. A reorganization plan transmitted by the President under section 903 of this title (1) may change, in such cases as the President considers necessary, the name of an agency affected by a reorganization and the title of its head, and shall designate the name of an agency resulting from a reorganization and the title of its head; (2) may provide for the appointment and pay of the head and one or more officers of an agency (including an agency resulting from a consolidation or other type of reorganization) if the President finds, and in his message transmitting the plan declares, that by reason of a reorganization made by the plan the provisions are necessary; (3) shall provide for the transfer or other disposition of the records, property, and personnel affected by a reorganization; (4) shall provide for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with a function or agency affected by a reorganization, as the President considers necessary by reason of the reorganization for use in connection with the functions affected by the reorganization, or for the use of the agency which shall have the functions after the reorganization plan is effective; and (5) shall provide for terminating the affairs of of an agency abolished. A reorganization plan transmitted by the President containing provisions authorized by paragraph (2) of this section may provide that the head of an agency be an individual or a commission or board with more than one member. In the case of an appointment of the head of such an agency, the term of office may not be fixed at more than four years, the pay may not be at a rate in excess of that found by the President to be applicable to comparable officers in the executive branch, and if the appointment is not to a position in the competitive service, it shall be by the President, by and with the advice and consent of the Senate, except that, in the case of an officer of the government of the District of Columbia, it may be by the Commissioner or other body or officer of that government designated in the plan. Any reorganization plan transmitted by the President containing provisions required by paragraph (4) of this section, shall provide for the transfer of unexpended balances only if such balances are used for the purposes for which the appropriation was originally made. (As amended Pub. L. 92179, § 3, Dec. 10, 1971, 85 Stat. 575.) AMENDMENTS 1971-Pub. L. 92-179 revised the form of the provisions covering the elements which a reorganization plan contains by moving provisions formerly set out in par. (2) to a position following par. (5). § 905. Limitations on powers. (a) A reorganization plan may not provide for, and a reorganization under this chapter may not have the effect of (5) increasing the term of an office beyond that provided by law for the office; (6) transferring to or consolidating with another agency the government of the District of Columbia or all the functions thereof which are subject to this chapter, or abolishing that government or all those functions; or (7) dealing with more than one logically consistent subject matter. (b) A provision contained in a reorganization plan may take effect only if the plan is transmitted to Congress before April 1, 1973. (As amended Pub. L. 92-179, § 4, Dec. 10, 1971, 85 Stat. 576.) AMENDMENTS 1971-Subsec. (a). Pub. L. 92–179, § 4(a), added par. (7). Subsec. (b). Pub. L. 92–179, § 4(b), substituted "April 1, 1973" for "April 1, 1971". § 911. Discharge of committee considering resolution. (a) If the committee to which a resolution with respect to a reorganization plan has been referred has not reported it at the end of 20 calendar days after its introduction, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution with respect to the reorganization plan which has been referred to the committee. * (As amended Pub. L. 92-179, § 5, Dec. 10, 1971, 85 Stat. 576.) AMENDMENTS 1971-Subsec. (a). Pub. L. 92-179 substituted "20 calendar days” for “10 calendar days" PART II-THE UNITED STATES CIVIL SERVICE COMMISSION Chapter 11.-ORGANIZATION § 1104. Functions of Chairman. TRANSFER OF FUNCTIONS All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan. No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. -. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume. Chapter 15.-POLITICAL ACTIVITY OF CERTAIN Part III-EMPLOYEES Subpart A.-General Provisions Chapter 21.-DEFINITIONS § 2108. Veteran; disabled veterans; preference eligible. For the purpose of this title ** (3) "preference eligible" means (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; (As amended Pub. L. 92-187, § 1, Dec. 15, 1971, 85 Stat. 644.) AMENDMENTS 1971-Par. (3) (D). Pub. L. 92-187 inserted "or widower" following "unmarried widow". Par. (3) (E). Pub. L. 92-187 inserted "or husband" following "the wife". Subpart B.-Employment and Retention Chapter 31.-AUTHORITY FOR EMPLOYMENT § 3105. Appointment of hearing examiners. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 section 661. § 3109. Employment of experts and consultants; temporary or intermittent. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 1026; title 29 sections 656, 671, 676; title 42 section 386d; title 43 section 1616. § 3110. Employment of relatives; restrictions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 410. 68-110 0-72 Chapter 33.-EXAMINATION, SELECTION, AND PLACEMENT § 3301. Civil service; generally. Ex. ORD. No. 11598. LISTING OF CERTAIN JOB VACANCIES BY FEDERAL AGENCIES AND GOVERNMENT CONTRACTORS AND SUBCONTRACTORS Ex. Ord. No. 11598, June 16, 1971, 36 F.R. 11711, provided: Large numbers of veterans are now leaving the Nation's armed forces, and many of them have been encountering severe difficulties in making the transition to civilian life-in particular, many have found it difficult to locate and secure a job. The Nation owes these veterans not only its deepest thanks for their sacrifice and their service, but also its assistance in their efforts to resume normal civilian activities. In order to provide such assistance, the Federal Government has established a policy of helping veterans obtain employment, including the provision of special programs of job counseling and placement. It also is the policy of the Federal Government to require that veterans be given a preference in job referrals through the employment service system. It would facilitate the employment of returning veterans-and thereby further the Federal policy of aiding their transition to civilian life-to require that Federal agencies and Federal contractors and their subcontractors list certain employment openings with the employment service system. NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: SECTION 1. The Secretary of Labor shall issue rules and regulations requiring each department and agency of the Executive Branch of the Federal Government to list suitable employment openings with the appropriate office of the State Employment Service or the United States Employment Service. This section shall not be construed as requiring the employment of individuals referred by such office or as superseding any requirements of the Civil Service laws. SEC. 2(a). Those rules and regulations shall also require Government contracts, above a specified dollar amount and providing specified employment potential, to contain assurances that the contractor, and any subcontractor holding a contract directly under that contractor, shall, to the maximum extent feasible, list all of its suitable employment openings with the appropriate office of the State employment service system: Provided, That this section shall not be deemed to apply to openings which the employer proposes to fill from within such employer's agency or organization; and Provided further, That listing of employment openings with the employment service system pursuant to this Order shall involve only the normal obligations which attach to such listings. (b) The rules and regulations of the Secretary with respect to this section shall not be retroactive in effect. SEC. 3. The Secretary of Labor shall gather information on the effectiveness of the program established under this Order and the extent to which the employment service system is fulfilling the employment needs of veterans. The Secretary of Labor shall, from time to time, report to the President concerning his evaluation of the effectiveness of this Order along with his recommendations for further action which the Secretary believes to be appropriate. SEC. 4. Except as otherwise provided by law, all executive departments and agencies are directed to cooperate with the Secretary of Labor, to furnish the Secretary of Labor with such information and assistance as he may require in the performance of his functions under this Order, and to comply with rules, regulations, and orders of the Secretary. SEC. 5. Rules, regulations, and orders to implement section 1 shall be developed in consultation with the Civil Ex. ORD. No. 11589. DELEGATION OF FUNCTIONS TO Ex. Ord. No. 11589, Apr. 1, 1971, 36 F.R. 6343, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: SECTION 1. The United States Civil Service Commission is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (a) The authority of the President under section 3376 of title 5 of the United States Code [this section] to prescribe regulations for the administration of subchapter VI, "Assignments to and from States," of chapter 33 of that title [this chapter]. (b) The authority of the President under section 205 (a) (4) of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2286(a) (4)), and as affected by Reorganization Plan No. 1 of 1958 (72 Stat. 1799) [set out in the Appendix to this title], relating to the establishment and maintenance of personnel standards on the merit basis. SEC. 2. To the extent that section 1(b) of this order is inconsistent with the provisions of Executive Order No. 10952 of July 20, 1961, as amended [set out as a note under section 2271 of Title 50, Appendix, War and National Defense], section 1(b) shall control. RICHARD NIXON. Subpart C.-Employee Performance Chapter 41.-TRAINING CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 38 section 1781. § 4109. Expenses of training. TRANSFER OF FUNCTIONS The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein. § 4111. Acceptance of contributions, awards, and other payments. TRANSFER OF FUNCTIONS All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan Section No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume. DELEGATION OF FUNCTIONS Authority of the President to prescribe regulations with respect to reductions to be made from payments by the Government to employees for travel, subsistence, or other expenses incident to training in a non-Government facility or to attendance at a meeting under subsec. (b) of this section delegated to the Administrator of General Services, see section 1(1) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. § 4112. Absorption of costs within funds available. TRANSFER OF FUNCTIONS All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan Section No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume. Subpart D.-Pay and Allowances Chapter 51.-CLASSIFICATION CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 26 section 9010; title 29 sections 661, 676; title 40 section 166b-f; title 43 section 1616. § 5108. Classification of positions at GS-16, 17, and 18. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 section 661. Chapter 53.-PAY RATES AND SYSTEMS SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 29 sections 661, 676. § 5304. Presidential policies and regulations. TRANSFER OF FUNCTIONS All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume. § 5305. Annual pay reports and adjustments. ADJUSTMENTS IN RATES OF PAY OF FEDERAL STATUTORY PAY SYSTEMS; EFFECTIVE DATE Pub. L. 92-210, § 3, Dec. 22, 1971, 85 Stat. 753, provided that: "Notwithstanding any provision of section 3(c) of the Federal Pay Comparability Act of 1970 (Public Law 91656), or of section 5305 of title 5, United States Code, as added by section 3 (a) of Public Law 91-656, and the provisions of the alternative plan submitted by the President to the Congress pursuant thereto on August 31, 1971, such comparability adjustments in the rates of pay of each Federal statutory pay system as may be required under such sections 5305 and 3(c), based on the 1971 Bureau of Labor Statistics survey "(1) shall not be greater than the guidelines established for the wage and salary adjustments for the private sector that may be authorized under authority of any statute of the United States, including the Economic Stabilization Act of 1970 (Public Law 91-379; 84 Stat. 799), as amended [set out as a note under section 1904 of Title 12], and that may be in effect on December 31, 1971; and "(2) shall be placed into effect on the first day of the first pay period that begins on or after January 1, 1972. Nothing in this section shall be construed to provide any adjustments in rates of pay of any Federal statutory pay system which are greater than the adjustments based on the 1971 Bureau of Labor Statistics survey." Ex. ORD. No. 11639. PAY ADJUSTMENTS FOR FEDERAL PREVAILING RATE SYSTEMS Ex. Ord. No. 11639, Jan. 11, 1972, 37 F.R. 521, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States, including the Economic Stabilization Act of 1970 (Public Law 91-379, 84 Stat. 799), as amended by the Economic Stabilization Act Amendments of 1971 (Public Law 92-210, 85 Stat. 743) [set out as a note under section 1904 of Title 12, Banks and Banking], it is hereby ordered as follows: SECTION 1. The head of each executive agency or military department authorized to fix by administrative action the rate of basic pay for a position or employee under subchapter IV of chapter 53 of title 5 of the United States Code [this subchapter], shall fix any such rate in accordance with instructions issued by the United States Civil Service Commission (hereinafter referred to as the Commission) under the authority of this order. SEC. 2. (a) The Commission is hereby authorized and directed to issue to the heads of executive agencies and military departments instructions on the fixing of rates of basic pay for positions and employees covered by section 1 of this order. (b) In issuing instructions under this order, the Commission shall maintain consistency in each pay schedule adjustment with the fiscal and economic policies of the United States, including the policies and pay increase guidelines issued by the Pay Board established under Executive Order No. 11627 of October 15, 1971. No pay schedule adjustment shall exceed such guidelines, except where (1) a tandem relationship exists between a Federal pay schedule for a specialized employee unit and pay increases granted in a specialized activity in the private sector, (ii) the Pay Board has permitted a pay increase for the specialized activity in the private sector which is in excess of the guidelines, and (iii) it is determined that a comparable increase is essential to the continued operation of the Government service concerned. SEC. 3. The instructions issued by the Commission under this order may (i) prescribe definitions of the terms used herein, (11) redelegate to the head of an executive agency or military department any of the Commission's authority under this order, and (iii) contain such other provisions as the Commission determines to be necessary and appropriate to carry out the purposes of this order. SEC. 4. a) The Commission may, in administering this order, utilize such services of other executive agencies and military departments as may be available and appropriate. (b) On request of the Commission, an executive agency or military department is authorized and directed, consistent with law, to furnish the Commission with information which the Commission may require in carrying out its responsibilities under this order. RICHARD NIXON. SUBCHAPTER II.-EXECUTIVE SCHEDULE PAY RATES § 5313. Positions at level II. TRANSFER OF FUNCTIONS All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 23 section 303. |