Title 5, United States Code, Government Organization and Employees

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U.S. Government Printing Office, 1999

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Purpose SUBCHAPTER IIINEGOTIATED RULEMAKING PROCEDURE 562 Definitions
54
ADMINISTRATIVE PROCESS 571 Definitions
61
General authority 573 Neutrals
62
Confidentiality
64
Authorization of arbitration 576 Enforcement of arbitration agreements
65
Arbitrators 578 Authority of the arbitrator 579 Arbitration proceedings
66
Arbitration awards 581 Judicial review
67
Repealed 583 Support services 584 Authorization of appropriations
68
SUBCHAPTER VADMINISTRATIVE CONFERENCE OF THE UNITED STATES 591 Purpose 592 Definitions 593 Administrative Conference of t...
69
Powers and duties of the Conference
70
Organization of the Conference
71
Authorization of appropriations
73
CHAPTER 6THE ANALYSIS OF REGULATORY FUNCTIONS 601 Definitions
74
Regulatory agenda
75
Initial regulatory flexibility analysis
76
Final regulatory flexibility analysis 605 Avoidance of duplicative or unnecessary analyses
77
Effect on other law 607 Preparation of analyses 608 Procedure for waiver or delay of completion 609 Procedures for gathering comments
78
Periodic review of rules
80
Judicial review
81
Reports and intervention rights
82
CHAPTER 7JUDICIAL REVIEW 701 Application definitions 702 Right of review 703 Form and venue of proceeding 704 Actions reviewable 705 ...
83
Scope of review
84
Congressional Review of Agency Rulemaking
86
Congressional review
87
Congressional disapproval procedure
88
Special rule on statutory regulatory and judicial deadlines 804 Definitions
90
Judicial review
91
CHAPTER 9EXECUTIVE REORGANIZATION 901 Purpose 902 Definitions 903 Reorganization plans 904 Additional contents of reorganization pl...
93
PART IICIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
101
CHAPTER 11OFFICE OF PERSONNEL MANAGEMENT 1101 Office of Personnel Management 1102 Director Deputy Director Associate Directors...
103
CHAPTER 12MERIT SYSTEMS PROTECTION BOARD OFFICE OF SPECIAL COUNSEL AND EMPLOYEE RIGHT OF ACTION SUBCHAPTER...
106
SPECIAL AUTHORITY 1301 Rules 1302 Regulations 1303 Investigations reports 1304 Loyalty investigations reports revolving fund 1305 Adminis...
128
CHAPTER 15POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES 1501 Definitions 1502 Influencing elections taking part i...
132
Nonpartisan candidacies permitted 1504 Investigations notice of hearing 1505 Hearings adjudications notice of determinations 1506 Orders withhold...
133
Subpenas and depositions
134
Judicial review
135
SUBPART AGENERAL PROVISIONS
137
CHAPTER 21DEFINITIONS 2101 Civil service armed forces uniformed services 2101a The Senior Executive Service 2102 The competitive service ...
138
Employee
140
Member of Congress 2107 Congressional employee 2108 Veteran disabled veteran preference eligible
141
Air traffic controller Secretary
143
CHAPTER 23MERIT SYSTEM PRINCIPLES 2301 Merit system principles 2302 Prohibited personnel practices 2303 Prohibited personnel practices ...
144
CHAPTER 29COMMISSIONS OATHS RECORDS AND REPORTS SUBCHAPTER ICOMMISSIONS OATHS AND RECORDS Commission of an of...
151
Information to committees of Congress on request
154
CHAPTER 31AUTHORITY FOR EMPLOYMENT SUBCHAPTER IEMPLOYMENT AUTHORITIES SEC 3101 General authority to employ 3102 ...
155
CHAPTER 33EXAMINATION SELECTION AND PLACEMENT SUBCHAPTER IEXAMINATION CERTIFICATION AND APPOINTMENT 3301...
171
Vacant office 3349 Reporting of vacancies 3349a Presidential inaugural transitions 1 3349b Holdover provisions relating to certain independent esta...
172
Appointments to positions classified above GS15
181
Travel expenses
203
Regulations
204
Training SUBCHAPTER VIIAIR TRAFFIC CONTROLLERS 3382 Involuntary separation for retirement
205
Determinations review procedures
206
Regulations 3385 Effect on other authority
207
SUBCHAPTER VIIIAPPOINTMENT REASSIGNMENT TRANSFER AND DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE 3391 Defini...
208
Career appointments
209
3393a Recertification
210
Noncareer and limited appointments
212
CHAPTER 34PARTTIME CAREER EMPLOYMENT OPPORTUNITIES 3401 Definitions 3402 Establishment of parttime career employment progr...
216
Regulations 3407 Repealed 3408 Employee organization representation
218
CHAPTER 35RETENTION PREFERENCE RESTORATION AND REEMPLOYMENT SUBCHAPTER IRETENTION PREFERENCE 3501 Definitio...
219
SUBCHAPTER IIRESTORATION AFTER ACTIVE DUTY OR TRAINING DUTY 3551 Repealed
224
SUBCHAPTER IIIREINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY 3571 Reinstateme...
225
SUBCHAPTER IVREEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL ORGANIZATION 3581 Definitions 3582 Rights of transfer...
226
Computations 3584 Regulations
228
SUBCHAPTER VREMOVAL REINSTATEMENT AND GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE SERVICE 3591 Definitions ...
229
Reinstatement in the Senior Executive Service 1
230
Reduction in force in the Senior Executive Service
231
3595a Furlough in the Senior Executive Service 1
232
Regulations
233
SUBCHAPTER VIREEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE FOREIGN 1
234
1
235
Absorption of costs within funds available
240
Repealed 4114 Repealed 4115 Collection of training information 4116 Training program assistance 4117 Administration 4118 Regulations
241
Training for employees under the Office of the Architect of the Capitol and the Botanic Garden
242
Definitions CHAPTER 43PERFORMANCE APPRAISAL SUBCHAPTER IGENERAL PROVISIONS 4302 Establishment of performance appraisal sy...
243
Regulations
246
SUBCHAPTER IIPERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE Definitions 4311
247
Senior Executive Service performance appraisal systems 4313 Criteria for performance appraisals 4314 Ratings for performance appraisals
248
Regulations
249
CHAPTER 45INCENTIVE AWARDS SUBCHAPTER IAWARDS FOR SUPERIOR ACCOMPLISHMENTS Definitions 4502 General provisions 450...
250
Presidential awards 4505 Awards to former employees
251
4505a Performancebased cash awards 4506 Regulations 4507 Awarding of ranks in the Senior Executive Service
252
Limitation of awards during a Presidential election year
253
SUBCHAPTER IIAWARDS FOR COST SAVINGS DISCLOSURES 4511 Definition and general provisions 4512 Agency awards for cost savings dis...
255
SUBCHAPTER IIIAWARD TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE CAPABILITIES 4521 Definition 4522 General pr...
256
Definitions
257
CHAPTER 51CLASSIFICATION SEC 5101 Purpose 5102 Definitions application
261
Determination of applicability 5104 Basis for grading positions
265
Standards for classification of positions
270
Basis for classifying positions
271
Classification of positions 5108 Classification of positions above GS15
272
General authority of the Office of Personnel Management 5113 Classification records 5114 Repealed 5115 Regulations
273
CHAPTER 53PAY RATES AND SYSTEMS SUBCHAPTER IPAY COMPARABILITY SYSTEM 5301 Policy
274
Definitions
275
Annual adjustments to pay schedules
276
Localitybased comparability payments
277
5304a Authority to fix an alternative level of comparability payments 5305 Special pay authority
284
Pay fixed by administrative action
287
Limitation on certain payments
288
SUBCHAPTER IIEXECUTIVE SCHEDULE PAY RATES 5311 The Executive Schedule 5312 Positions at level I
290
Positions at level III
291
Positions at level IV
294
Positions at level V
299
Presidential authority to place positions at levels IV and V
302
Adjustments in rates of
305
SUBCHAPTER IIIGENERAL SCHEDULE PAY RATES 5331 Definitions application 5332 The General Schedule 5333 Minimum rate for new appo...
311
Periodic stepincreases
313
Additional stepincreases 5337 Repealed 5338 Regulations
314
Policy SUBCHAPTER IVPREVAILING RATE SYSTEMS 5342 Definitions application
315
Prevailing rate determinations wage schedules night differentials
316
Effective date of wage increase retroactive
319
Repealed 5346 Job grading system
320
Federal Prevailing Rate Advisory Committee
321
Crews of vessels 5349 Prevailing rate employees legislative judicial Bureau of Engraving and Printing and government of the District of Columbia
322
Effect on other statutes 5356 Appropriations
324
Definitions SUBCHAPTER VIGRADE AND PAY RETENTION 5362 Grade retention following a change of positions or reclassification
325
Pay retention
326
Remedial actions 5365 Regulations
327
Appeals
328
SUBCHAPTER VIIMISCELLANEOUS PROVISIONS 5371 Health care positions 5372 Administrative law judges
329
5372a Contract appeals board members 5373 Limitation on pay fixed by administrative action 5374 Miscellaneous positions in the executive branch
330
Police force of the National Zoological Park 5376 Pay for certain seniorlevel positions
331
Pay authority for critical positions
332
Police forces of the Bureau of Engraving and Printing and the United States Mint 5379 Student loan repayments
334
SUBCHAPTER VIIIPAY FOR THE SENIOR EXECUTIVE SERVICE 5381 Definitions 5382 Establishment and adjustment of rates of pay for the Se...
337
Performance awards in the Senior Executive Service
338
Regulations
339
SUBCHAPTER IXSPECIAL OCCUPATIONAL PAY SYSTEMS 5391 Definitions 5392 Establishment of special occupational pay systems
340
CHAPTER 55PAY ADMINISTRATION SUBCHAPTER IGENERAL PROVISIONS SEC 5501 Disposition of money accruing from lapsed salaries or...
341
Pay for Sunday and holiday work 5546a Differential pay for certain employees of the Federal Aviation Administra tion and the Department of Defen...
342
Withholding pay individuals in arrears 5513 Withholding pay credit disallowed or charge raised for payment 5514 Installment deduction for indebte...
346
Crediting amounts received for jury or witness service
348
Withholding District of Columbia income taxes 5517 Withholding State income taxes
349
Deductions for State retirement systems National Guard employees 5519 Crediting amounts received for certain Reserve or National Guard service
350
Withholding of city or county income or employment taxes
351
5520a Garnishment of
352
Agency review 5566 Agency determinations
387
Settlement of accounts
388
Income tax deferment 5569 Benefits for captives
389
Compensation for disability or death
393
SUBCHAPTER VIIISETTLEMENT OF ACCOUNTS 5581 Definitions
394
Designation of beneficiary order of precedence 5583 Payment of money due settlement of accounts
395
Claims for overpayment of pay and allowances and of travel transportation and relocation expenses and allowances
396
55915594 Repealed
398
Severance
399
Back pay due to unjustified personnel action
402
Separation
404
furnished subsistence 5710 Authority for travel expenses test programs SUBCHAPTER IITRAVEL AND TRANSPORTATION EXPENSES NEW AP...
406
SUBCHAPTER IIITRANSPORTATION OF REMAINS DEPENDENTS AND EFFECTS 5741 General prohibition 5742 Transportation of remains de...
407
Supervisory differentials
435
Home marketing incentive payment
436
SUBCHAPTER IVMISCELLANEOUS ALLOWANCES 5941 Allowances based on living costs and conditions of environment employees stationed ...
447
5942a Separate maintenance allowance for duty at Johnston Island 5943 Foreign currency appreciation allowances 5944 Repealed 5945 Notary pub...
448
Membership fees expenses of attendance at meetings limitations 5947 Quarters subsistence and allowances for employees of the Corps of Engineers ...
449
CHAPTER 61HOURS OF WORK SUBCHAPTER IGENERAL PROVISIONS 6101 Basic 40hour workweek work schedules regulations 6102 Repeal...
453
Closing of Executive departments 6106 Time clocks restrictions
456
SUBCHAPTER IIFLEXIBLE AND COMPRESSED WORK SCHEDULES 6120 Purpose 6121 Definitions
457
Flexible schedules agencies authorized to use 6123 Flexible schedules computation of premium
458
Flexible schedules holidays 6125 Flexible schedules timerecording devices 6126 Flexible schedules credit hours accumulation and compensation
459
Compressed schedules agencies authorized to use 6128 Compressed schedules computation of premium
460
Administration of leave and retirement provisions 6130 Application of programs in the case of collective bargaining agreements 6131 Criteria and re...
461
Prohibition of coercion 6133 Regulations technical assistance program review
463
CHAPTER 63LEAVE 6301 Definitions SUBCHAPTER IANNUAL AND SICK LEAVE 6302 General provisions 6303 Annual leave accrual 6304 A...
464
Absence in connection with funerals of fellow Federal law enforcement officers 1
478
SUBCHAPTER IIIVOLUNTARY TRANSFERS OF LEAVE Definitions 6332 General authority 6333 Receipt and use of transferred leave
479
Donations of leave
480
Definitions 6362 General authority 6363 Establishment of leave banks 6364 Establishment of Leave Bank Boards
485
Contributions of annual leave 6366 Eligibility for leave recipients
486
Receipt and use of leave from a leave bank
487
Termination of medical emergency 6369 Restoration of transferred leave 6370 Prohibition of coercion
488
Accrual of leave 6372 Additional leave bank programs 6373 Authority to participate in both programs
489
SUBCHAPTER VFAMILY AND MEDICAL LEAVE 6381 Definitions
490
Leave requirement
491
Certification
492
Employment and benefits protection 6385 Prohibition of coercion
493
Health insurance 6387 Regulations
494
SUBCHAPTER VILEAVE TRANSFER IN DISASTERS AND EMERGENCIES 6391 Authority for leave transfer program in disasters and emergenci...
495
CHAPTER 71LABORMANAGEMENT RELATIONS
497
National consultation rights
503
Representation rights and duties
509
Prevention of unfair labor practices
515
Exceptions to arbitral awards
522
Handicapping condition
528
Repealed
531
Drug abuse
544
Regulations
550
CHAPTER 77APPEALS
556
Determination of need for negotiated rulemaking committee
563
Publication of notice applications for membership on committees
564
Establishment of committee
565
Conduct of committee activity
566
Termination of committee
567
Services facilities and payment of committee member expenses
568
Vocational rehabilitation 8105 Total disability 8106 Partial disability
573
Compensation schedule
574
Reduction of compensation for subsequent injury to same member 8109 Beneficiaries of awards unpaid at death order of precedence
575
Augmented compensation for dependents
576
Additional compensation for services of attendants rehabilitation 8112 Maximum and minimum monthly payments
577
Increase or decrease of basic compensation 8114 Computation of
578
Determination of wageearning capacity 8116 Limitations on right to receive compensation
580
Time of accrual of right 8118 Continuation of pay election to use annual or sick leave
581
Notice of injury or death 8120 Report of injury
582
Claim 8122 Time for making claim
583
Physical examinations 8124 Findings and award hearings
584
Misbehavior at proceedings 8126 Subpenas oaths examination of witnesses 8127 Representation attorneys fees 8128 Review of award
585
Recovery of overpayments 8130 Assignment of claim 8131 Subrogation of the United States
586
Adjustment after recovery from a third person 8133 Compensation in case of death
587
Funeral expenses transportation of body 8135 Lumpsum payment
589
Initial payments outside the United States 8137 Compensation for noncitizens and nonresidents
590
Minimum limit modification for noncitizens and aliens 8139 Employees of the District of Columbia
591
Members of the Reserve Officers Training Corps 8141 Civil Air Patrol volunteers
592
Peace Corps volunteers
593
Job Corps enrollees volunteers in service to America 8143a Members of the National Teacher Corps 8144 Studentemployees 8145 Administration or ...
595
8146a Costofliving adjustment of compensation
596
Employees Compensation Fund
597
Forfeiture of benefits by convicted felons 8149 Regulations
598
Effect on other statutes 8151 Civil service retention rights 8152 Annual report
599
SUBCHAPTER IIEMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES 8171 Compensation for work injuries generally 8172 E...
600
Liability under this subchapter exclusive
601
Determination of eligibility 8192 Benefits
602
Administration
603
CHAPTER 83RETIREMENT SUBCHAPTER IGENERAL PROVISIONS 8301 Uniform retirement date SUBCHAPTER IIFORFEITURE OF ANNUI...
605
Absence from the United States to avoid prosecution
610
Refusal to testify 8315 Falsifying employment applications
611
Refund of contributions and deposits
612
Repayment of annuity or retired pay properly paid waiver 8318 Restoration of annuity or retired
613
Removal of members of the uniformed services from rolls restoration reappointment 8320 Offense or violation committed in compliance with orders...
614
SUBCHAPTER IIICIVIL SERVICE RETIREMENT 8331 Definitions
615
Creditable service
624
Eligibility for annuity
628
Deductions contributions and deposits
633
Mandatory separation
637
Immediate retirement
638
Disability retirement
644
Deferred retirement
646
Computation of annuity
647
Costofliving adjustment of annuities
657
Survivor annuities
659
Lumpsum benefits designation of beneficiary order of precedence
665
Additional annuities voluntary contributions 8343a Alternative forms of annuities
668
Annuities and pay on reemployment
669
Payment of benefits commencement termination and waiver of annuity
673
Exemption from legal process recovery of payments 8347 Administration regulations
676
Civil Service Retirement and Disability Fund
680
Offset relating to certain benefits under the Social Security
685
Retirement counseling 8351 Participation in the Thrift Savings Plan
687
CHAPTER 84FEDERAL EMPLOYEES RETIREMENT SYSTEM SUBCHAPTER IGENERAL PROVISIONS 8401 Definitions 8402 Federal Employ...
690
Application 8454 Medical examination 8455 Recovery restoration of earning capacity 8456 Military reserve technicians SUBCHAPTER VIGENERA...
691
Relationship to the Social Security
698
SUBCHAPTER IIBASIC ANNUITY 8410 Eligibility for annuity
699
Creditable service
700
Immediate retirement
702
Deferred retirement
704
Early retirement
705
Computation of basic annuity
706
Survivor reduction for a current spouse
708
Survivor reduction for a former spouse 8418 Survivor elections deposit offsets
710
Waiver allotment and assignment of benefits
771
Application for benefits 8467 Court orders
772
Annuities and pay on reemployment
773
Withholding of State income taxes
775
Exemption from legal process recovery of payments
776
SUBCHAPTER VIIFEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM 8471 Definitions 8472 Federal Retirement Thrift...
777
Employee Thrift Advisory Council
779
Executive Director
780
Investment policies 8476 Administrative provisions
781
Fiduciary responsibilities liability and penalties
782
Bonding
789
8478a Investigative authority 8479 Exculpatory provisions insurance
790
Definitions SUBCHAPTER VSTUDENTEMPLOYEES
797
Compensation under State agreement
798
Compensation absent State agreement 8504 Assignment of Federal service and wages
799
Payments to States
800
Dissemination of information 8507 False statements and misrepresentations
801
Regulations 8509 Federal Employees Compensation Account
802
SUBCHAPTER IIEXSERVICEMEN 8521 Definitions application 8522 Assignment of Federal service and wages
804
Dissemination of information 8524 Repealed 8525 Effect on other statutes
805
Applicability severability
806
Exemption for monetary policy
807
Effective date of certain rules
808
8714b Additional optional life insurance
820
8714c Optional life insurance on family members
823
8714d Option to receive living benefits
825
Jurisdiction of courts 8716 Regulations
827
CHAPTER 89HEALTH INSURANCE 8901 Definitions
828
Contracting authority
831
8902a Debarment and other sanctions
834
Health benefits plans
839
8903a Additional health benefits plans
840
8903b Authority to readmit an employee organization plan 8904 Types of benefits
841
Election of coverage
844
8905a Continued coverage
846
Contributions
851
8906a Temporary employees
852
Information to individuals eligible to enroll 8908 Coverage of restored employees and survivor or disability annuitants 8909 Employees Health Bene...
853
Studies reports and audits
855
Advisory committee 8912 Jurisdiction of courts 8913 Regulations
856
Effect of other statutes
857
PURPOSES
859
Streamlined demonstration project authority
866
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Página 137 - Commission, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture...
Página 18 - To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction.
Página 19 - A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects a member of the public may be relied on, used, or cited as precedent by an agency against a party other than an agency only if • (i) it has been indexed and either made available or published as provided by this paragraph; or • (ii) the party has actual and timely notice of the terms thereof.
Página 43 - Executive order; (2) related solely to the internal personnel rules and practices of an agency; (3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld...
Página 24 - ... (5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency ; (6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy...
Página 100 - ... (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.
Página 16 - Rule" means the whole or any part of any agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy...
Página 36 - States or other individuals pursuant to section 3056 of title 18; (4) required by statute to be maintained and used solely as statistical records; (5.) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service. Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the...
Página 825 - ... with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims...
Página 54 - Every party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

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