(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 section 3331 of this title, incident to entrance into the executive branch; or (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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 411.) § 2904. Oath; administered without fees An employee of an Executive agency who is authorized to administer the oath of office required by section 3331 of this title, or any other oath required by law in connection with employment in the executive branch, may not charge or receive a fee or pay for administering the oath. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 412.) § 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 section 3331 of this title is not required to renew the oath because of a change in status so long as his service is continuous in the agency in which he is employed, unless, in the opinion of the head of the Executive agency, the Secretary of a military department with respect to an employee of his department, or the Commissioners of the District of Columbia, the public interest so requires. (b) An individual who, on appointment as an employee of a House of Congress, subscribed to the oath of office required by section 3331 of this title is not required to renew the oath so long as his service as an employee of that House of Congress is continuous. (Pub. L. 89– 554, Sept. 6, 1966, 80 Stat. 412.) § 2906. Oath; custody The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to which the office pertains. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 412.) SUBCHAPTER II-REPORTS § 2951. Reports to the Civil Service Commission The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that (1) the appointing authority notify the Civil Service Commission in writing of the following actions and their dates as to each 40-311-70- 5 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; and (E) removal; and (2) the Commission keep records of these actions. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 412.) § 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 413.) § 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- (2) a Government controlled corporation; or (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 413.) § 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 Government Operationsof the Senate, or any five members thereof, shall submit any information requested of it relating to any matter within the jurisdiction of the committee. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 413.) Subpart B-Employment and Retention CHAPTER 31-AUTHORITY FOR EMPLOYMENT 3102. 3103. Employment of readers for blind employees. Employment at seat of Government only for services rendered. 3104. Employment of specially qualified scientific and professional personnel. 3105. Appointment of hearing examiners. 3106. Employment of attorneys; restrictions. 3107. Employment of publicity experts; restrictions. 3108. Employment of detective agencies; restrictions. 3109. Employment of experts and consultants; temporary or intermittent. 3110. Employment of relatives; restrictions. § 3101. General authority to employ Each Executive agency, military department, and the government of the District of Columbia may employ such number of employees of the various classes recognized by chapter 51 of this title as Congress may appropriate for from year to year. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 414.) § 3102. Employment of readers for blind employees (a) For the purpose of this section (1) "agency" means (A) an Executive agency; (B) the Library of Congress; and (C) the government of the District of Columbia; (2) "head of each agency" means the Commissioner of the District of Columbia with respect to the government of the District of Columbia; (3) "blind employee" means an individual employed by an agency who establishes, to the satisfaction of the appropriate authority of the agency concerned and under regulations of the head of that agency, that he has an impairment of sight, either permanent or temporary, which is so severe or disabling that the employment of a reading assistant or assistants for that individual is necessary or desirable to enable him properly to perform his work; and (4) "nonprofit organization" means an organization determined by the Secretary of the Treasury to be an organization described by section 501(c) of title 26 which is exempt from taxation under section 501 (a) of title 26. (b) The head of each agency may employ a reading assistant or assistants for a blind employee of his agency, to serve without pay from the agency, without regard to (1) the provisions of this title governing appointment in the competitive service; and (2) chapter 51 and subchapter III of chapter 53 of this title. A reading assistant so employed may be paid and receive pay for his services as reading assistant by and from the blind employee or a nonprofit organization, without regard to section 209 of title 18. (c) This section may not be held or considered to prevent or limit in any way the assignment to a blind employee by an agency of clerical or secretarial assistance, at the expense of the agency and under statutes and regulations currently applicable at the time, if that assistance normally is provided, or authorized to be provided, in that manner under currently applicable statutes and regulations. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 414, amended Pub. L. 90-623, § 1(3), Oct. 22, 1968, 82 Stat. 1312.) § 3103. Employment at seat of Government only for services rendered An individual may be employed in the civil service in an Executive department at the seat of Government only for services actually rendered in connection with and for the purposes of the appropriation from which he is paid. An individual who violates this section shall be removed from the service. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 415.) § 3104. Employment of specially qualified scientific and professional personnel (a) The head of an agency named below may establish scientific or professional positions to carry out the research and development functions of his agency which require the services of specially qualified personnel within the following limits: (1) Department of the Interior-not more than 8. (2) Department of Agriculture-not more than 20. (3) Department of Health, Education, and Welfare-not more than 13. (4) Department of Commerce-not more than 30, of which at least 5 are for the United States Patent Office in its examining and related activities. (5) Post Office Department-not more than 6. (6) United States Arms Control and Disarmament Agency— not more than 14. (7) Library of Congress-not more than 8. (8) National Aeronautics and Space Administration-not more than 12. (b) When a general appropriation statute authorizes an agency named by this section to establish and fix the pay of scientific or professional positions similar to those authorized by this section, the number of positions authorized by this section is reduced by the number of positions authorized by the appropriation statute, unless otherwise specifically provided. This subsection does not apply to the National Aeronautics and Space Administration. (c) The head of each agency authorized to establish and fix the pay of positions under this section and section 5361 of this title shall submit to Congress not later than December 31 of each year (or in the case of the Administrator of the National Aeronautics and Space Administration not later than February 1 of each year), a report setting forth (1) the number of these positions established in his agency during that calendar year (or in the case of the National Aeronautics and Space Administration during the previous calendar year); and (2) the name, rate of pay, and description of the qualifications of each incumbent, together with a statement of the functions performed by each. When the head of such an agency considers full public report on these items detrimental to the national security, he may omit the items from his annual report and, instead, present the information in executive session of such committee of a House of Congress as the presiding officer thereof may designate. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 415, amended Pub. L. 90-83, § 1(7), Sept. 11, 1967, 81 Stat. 196.) § 3105. Appointment of hearing examiners Each agency shall appoint as many hearing examiners as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Hearing examiners shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as hearing examiners. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 415.) § 3106. Employment of attorneys; restrictions Except as otherwise authorized by law, the head of an Executive department or military department may not employ an attorney or counsel for the conduct of litigation in which the United States, an agency, or employee thereof is a party, or is interested, or for the securing of evidence therefor, but shall refer the matter to the Department of Justice. This section does not apply to the employment and payment of counsel under section 1037 of title 10. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 415.) § 3107. Employment of publicity experts; restrictions Appropriated funds may not be used to pay a publicity expert unless specifically appropriated for that purpose. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 416.) |