The Civil Service Commission shall aid the President, as he may request, in preparing the rules he prescribes under this title for the administration of the competitive service. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401.) § 1302. Regulations (a) The Civil Service Commission, subject to the rules prescribed by the President under this title for the administration of the competitive service, shall prescribe regulations for, control, supervise, and preserve the records of, examinations for the competitive service. (b) The Commission shall prescribe and enforce regulations for the administration of the provisions of this title, and Executive orders issued in furtherance thereof, that implement the Congressional policy that preference shall be given to preference eligibles in certification for appointment, and in appointment, reinstatement, reemployment, and retention, in the competitive service in Executive agencies, permanent or temporary, and in the government of the District of Columbia. (c) The Commission shall prescribe regulations for the administration of the provisions of this title that implement the Congressional policy that preference shall be given to preference eligibles in certification for appointment, and in appointment, reinstatement, reemployment, and retention, in the excepted service in Executive agencies, permanent or temporary, and in the government of the District of Columbia. (d) The Commission may prescribe reasonable procedure and regulations for the administration of its functions under chapter 15 of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401.) § 1303. Investigations; reports The Civil Service Commission may investigate and report on matters concerning (1) the enforcement and effect of the rules prescribed by the President under this title for the administration of the competitive service and the regulations prescribed by the Commission under section 1302 (a) of this title; and (2) the action of an examiner, a board of examiners, and other employees concerning the execution of the provisions of this title that relate to the administration of the competitive service. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401.) § 1304. Loyalty investigations; reports; revolving fund (a) The Civil Service Commission shall conduct the investigations and issue the reports required by the following statutes (1) sections 2726, 281b (e), 290a, and 1434 of title 22; (3) section 1203 (e) of title 6, District of Columbia Code. (b) When an investigation under subsection (a) of this section develops data indicating that the loyalty of the individual being investigated is questionable, the Commission shall refer the matter to the Federal Bureau of Investigation for a full field investigation, a report of which shall be furnished to the Commission for its information and appropriate action. (c) When the President considers it in the national interest, he may have the investigations of a group or class, which are required by subsection (a) of this section, made by the Federal Bureau of Investigation rather than the Commission. (d) The investigation and report required by subsection (a) of this section shall be made by the Federal Bureau of Investigation rather than the Commission for those specific positions which the Secretary of State certifies are of a high degree of importance or sensitivity. (e) (1) A revolving fund of $4,000,000 is available, to the Commission without fiscal year limitation, for financing investigations, training, and such other functions as the Commission is authorized or required to perform on a reimbursable basis. However, the functions which may be financed in any fiscal year by the fund are restricted to those functions which are covered by the budget estimates submitted to the Congress for that fiscal year. To the maximum extent feasible, each individual activity shall be conducted generally on an actual cost basis over a reasonable period of time. (2) The capital of the fund consists of the aggregate of— (A) appropriations made to provide capital for the fund; and (B) the sum of the fair and reasonable value of such supplies, equipment, and other assets as the Commission from time to time transfers to the fund (including the amount of the unexpended balances of appropriations or funds relating to activities the financing of which is transferred to the fund) less the amount of related liabilities, the amount of unpaid obligations, and the value of accrued annual leave of employees, which are attributable to the activities the financing of which is transferred to the fund. (3) The fund shall be credited with (A) advances and reimbursements from available funds of the Commission or other agencies, or from other sources, for those services and supplies provided at rates estimated by the Commission as adequate to recover expenses of operation (including provision for accrued annual leave of employees and depreciation of equipment); and (B) receipts from sales or exchanges of property, and payments for loss of or damage to property, accounted for under the fund. (4) Any unobligated and unexpended balances in the fund which the Commission determines to be in excess of amounts needed for activities financed by the fund shall be deposited in the Treasury of the United States as miscellaneous receipts. (5) The Commission shall prepare a business-type budget providing full disclosure of the results of operations for each of the functions performed by the Commission and financed by the fund, and such budget shall be transmitted to the Congress and considered, in the manner prescribed by law for wholly owned Government corporations. (6) The Comptroller General of the United States shall, as a result of his periodic reviews of the activities financed by the fund, report and make such recommendations as he deems appropriate to the Committees on Post Office and Civil Service of the Senate and House of Representatives at least once every three years. (f) An agency may use available appropriations to reimburse the Commission or the Federal Bureau of Investigation for the cost of investigations, training, and functions performed for them under this section, or to make advances toward their cost. These advances and reimbursements shall be credited directly to the applicable appropriations of the Commission or the Federal Bureau of Investigation. (g) This section does not affect the responsibility of the Federal Bureau of Investigation to investigate espionage, sabotage, or subversive acts. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401, amended Pub. L. 91-189, Dec. 30, 1969, 83 Stat. 851.) § 1305. Hearing examiners For the purpose of sections 3105, 3344, 4301 (2) (E), 5362, and 7521 of this title and the provisions of section 5335 (a) (B) of this title that relate to hearing examiners, the Civil Service Commission may investigate, require reports by agencies, issue reports, including an annual report to Congress, prescribe regulations, appoint advisory committees as necessary, recommend legislation, subpena witnesses and records, and pay witness fees as established for the courts of the United States. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 402, amended Pub. L. 90-83, § 1(3), Sept. 11, 1967, 81 Stat. 196.) § 1306. Oaths to witnesses Each Civil Service Commissioner, including the Chairman, and authorized representatives of the Commission or Chairman, may administer oaths to witnesses in matters pending before the Commission. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 402.) § 1307. Minutes The Civil Service Commission shall keep minutes of its proceedings. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 402.) § 1308. Annual reports (a) The Civil Service Commission shall make an annual report to the President for transmittal to Congress. The report shall include (1) a statement of the Commission's actions in the administration of the competitive service, the rules and regulations and exceptions thereto in force, the reasons for exceptions to the rules, the practical effects of the rules and regulations, and any recommendations for the more effectual accomplishment of the purposes of the provisions of this title that relate to the administration of the competitive service; (2) the results of the incentive awards program authorized by chapter 45 of this title with related recommendations; (3) at the end of each fiscal year, the names, addresses, and nature of employment of the individuals on whom the Commission has imposed a penalty for prohibited political activity under section 7325 of this title with a statement of the facts on which action was taken, and the penalty imposed; and (4) a statement, in the form determined by the Commission with the approval of the President, on the training of employees under chapter 41 of this title, including (A) a summary of information concerning the operation and results of the training programs and plans of the agencies; (B) a summary of information received by the Commission from the agencies under section 4113(b) of this title; and (C) the recommendations and other matters considered appropriate by the President or the Commission or required by Congress. (b) The Commission shall report annually to the President for transmittal to Congress on the administration of chapter 41 of this title, including the information received by the Commission from the agencies under section 4113(b) (2) and (3) of this title. (c) The Commission shall publish an annual report on the operation of subchapter III of chapter 83 of this title, including a statement concerning the status of the Civil Service Retirement and Disability Fund. (d) The Commission shall report annually to Congress on the operation of chapter 87 of this title. (e) The Commission shall report annually to Congress on the operation of chapter 89 of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 402, amended Pub. L. 91-93, § 104, Oct. 20, 1969, 81 Stat. 138.) CHAPTER 15-POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES SEC. 1501. Definitions. 1502. Influencing elections; taking part in political campaigns; prohibitions; exceptions. 1503. Nonpartisan political activity permitted. 1504. Investigations; notice of hearing. 1505. Hearings; adjudications; notice of determinations. 1506. Orders; withholding loans or grants; limitations. 1507. Subpenas and depositions. 1508. Judicial review. 81501. Definitions For the purpose of this chapter (1) "State" means a Ŝtate or territory or possession of the United States; (2) "State or local agency" means the executive branch of a State, municipality, or other political subdivision of a State, or an agency or department thereof; (3) "Federal agency" means an Executive agency or other agency of the United States, but does not include a member bank of the Federal Reserve System; (4) "State or local officer or employee" means an individual employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency, but does not include (A) an individual who exercises no functions in connection with that activity; or (B) an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by a State or political subdivision thereof, or by a recognized religious, philanthropic, or cultural organization; and (5) the phrase "an active part in political management or in political campaigns" means those acts of political management or political campaigning which were prohibited on the part of employees in the competitive service before July 19, 1940, by determinations of the Civil Service Commission under the rules prescribed by the President. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 403.) § 1502. Influencing elections; taking part in political campaigns; prohibitions; exceptions (a) A State or local officer or employee may not (1) use his official authority or influence for the purpose of interferring with or affecting the result of an election or a nomination for office; (2) directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or (3) take an active part in political management or in political campaigns. (b) A State or local officer or employee retains the right to vote as he chooses and to express his opinions on political subjects and candidates. (c) Subsection (a) (3) of this section does not apply to― (1) the Governor or Lieutenant Governor of a State or an individual authorized by law to act as Governor; (2) the mayor of a city; (3) a duly elected head of an executive department of a State or municipality who is not classified under a State or municipal merit or civil service system; or (4) an individual holding elective office. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 404.) § 1503. Nonpartisan political activity permitted Section 1502 (a)(3) of this title does not prohibit political activity in connection with (1) an election and the preceding campaign if none of the candidates is to be nominated or elected at that election as repre |