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Subsec. (d)(1)(E). Pub. L. 101-280, § 4(d)(3)(A)(ii), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: "the ethics committee with which the officer or employee is required to file financial disclosure forms, for all legislative branch officers and employees other than those specified in subparagraphs (A) and (B), except that such authority may be delegated; and".

Subsec. (d)(2). Pub. L. 101-280, § 4(d)(3)(B), substituted "Government," for "Government".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7351 of this title.

SUBCHAPTER VI-DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM

§ 7361. Drug abuse

REFERENCES IN TEXT

Section 527 of the Public Health Service Act, referred to in subsec. (b) and formerly classified to section 290ee-3 of Title 42, The Public Health and Welfare, was renumbered section 548 of that Act by Pub. L. 100-77, title VI, § 611(2), July 22, 1987, 101 Stat. 516 and then omitted in the general revision of Part D of Subchapter III-A of Chapter 6A of Title 42 by Pub. L. 102-321, title I, § 131, July 10, 1992, 106 Stat. 366. Provisions relating to the confidentiality of patient records are now classified to section 290dd-2 of Title 42.

§ 7362. Alcohol abuse and alcoholism

REFERENCES IN TEXT

Section 523 of the Public Health Service Act, referred to in subsec. (b) and formerly classified to section 290dd-3 of Title 42, The Public Health and Welfare, was renumbered section 544 of that Act by Pub. L. 100-77, title VI, § 611(2), July 22, 1987, 101 Stat. 516 and then omitted in the general revision of Part D of Subchapter III-A of Chapter 6A of Title 42 by Pub. L. 102-321, title I, § 131, July 10, 1992, 106 Stat. 366. Provisions relating to the confidentiality of patient records are now classified to section 290dd-2 of Title 42.

CHAPTER 75-ADVERSE ACTIONS

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2108, 2302, 3382 of this title; title 31 section 732; title 39 section 1005; title 41 section 423; title 42 section 237.

SUBCHAPTER I-SUSPENSION FOR 14 DAYS OR LESS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 3303 of this title.

§ 7501. Definitions

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-376, § 1, Aug. 17, 1990, 104 Stat. 461, provided that: "This Act [amending sections 4303, 7511, and 7701 of this title and enacting provisions set out as notes under section 4303 of this title] may be cited as the 'Civil Service Due Process Amendments'."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7511, 7541 of this title.

87502. Actions covered

This subchapter applies to a suspension for 14 days or less, but does not apply to a suspen

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(ii) who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less;

(B) a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions

(i) in an Executive agency; or

(ii) in the United States Postal Service or Postal Rate Commission; and (C) an individual in the excepted service (other than a preference eligible)—

(i) who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or

(ii) who has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less;

(2) "suspension" has the same meaning as set forth in section 7501(2) of this title; (3) “grade” means a level of classification under a position classification system;

(4) "pay" means the rate of basic pay fixed by law or administrative action for the position held by an employee; and

(5) "furlough” means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons.

(b) This subchapter does not apply to an employee

(1) whose appointment is made by and with the advice and consent of the Senate;

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(A) the President for a position that the President has excepted from the competitive service;

(B) the Office of Personnel Management for a position that the Office has excepted from the competitive service; or

(C) the President or the head of an agency for a position excepted from the competitive service by statute;

(3) whose appointment is made by the President;

(4) who is receiving an annuity from the Civil Service Retirement and Disability Fund, or the Foreign Service Retirement and Disability Fund, based on the service of such employee;

(5) who is described in section 8337(h)(1), relating to technicians in the National Guard; (6) who is a member of the Foreign Service, as described in section 103 of the Foreign Service Act of 1980;

(7) whose position is within the Central Intelligence Agency or the General Accounting Office;

(8) whose position is within the United States Postal Service, the Postal Rate Commission, the Panama Canal Commission, the Tennessee Valley Authority, the Federal Bureau of Investigation, the National Security Agency, the Defense Intelligence Agency, or an intelligence activity of a military department covered under section 1590 of title 10, unless subsection (a)(1)(B) of this section or section 1005(a) of title 39 is the basis for this subchapter's applicability;

(9) who is described in section 5102(c)(11) of this title; or

(10) who holds a position within the Veterans Health Administration which has been excluded from the competitive service by or under a provision of title 38, unless such employee was appointed to such position under section 7401(3) of such title.

(c) The Office may provide for the application of this subchapter to any position or group of positions excepted from the competitive service by regulation of the Office which is not otherwise covered by this subchapter.

(As amended Pub. L. 101-376, § 2(a), Aug. 17, 1990, 104 Stat. 461; Pub. L. 102-378, § 6(a), Oct. 2, 1992, 106 Stat. 1358.)

REFERENCES IN TEXT

Section 103 of the Foreign Service Act of 1980, referred to in subsec. (b)(6), is classified to section 3903 of Title 22, Foreign Relations and Intercourse.

AMENDMENTS

1992-Subsec. (b)(7). Pub. L. 102-378, § 6(a)(1), amended par. (7) generally. Prior to amendment, par. (7) read as follows: "whose position is with the Central Intelligence Agency, the General Accounting Office, or the Veterans Health Services and Research Administration;".

Subsec. (b)(10). Pub. L. 102-378, § 6(a)(2)-(4), added par. (10).

1990-Pub. L. 101-376 amended section generally. Prior to amendment, section read as follows:

"(a) For the purpose of this subchapter"(1) 'employee' means

"(A) an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment under other than a temporary appointment limited to 1 year or less; and

"(B) a preference eligible in an Executive agency in the excepted service, and a preference eligible in the United States Postal Service or the Postal Rate Commission, who has completed 1 year of current continuous service in the same or similar positions;

"(2) 'suspension' has the meaning as set forth in section 7501(2) of this title;

"(3) 'grade' means a level of classification under a position classification system;

"(4) 'pay' means the rate of basic pay fixed by law or administrative action for the position held by an employee; and

"(5) 'furlough' means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons.

"(b) This subchapter does not apply to an employee

“(1) whose appointment is made by and with the advice and consent of the Senate;

"(2) whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by

"(A) the Office of Personnel Management for a position that it has excepted from the competitive service; or

"(B) the President or the head of an agency for a position which is excepted from the competitive service by statute.

"(c) The Office may provide for the application of this subchapter to any position or group of positions excepted from the competitive service by regulation of the Office."

EFFECTIVE DATE OF 1992 AMENDMENT Section 6(b) of Pub. L. 102-378 provided that:

"(1) The amendments made by subsection (a) [amending this section] shall apply with respect to any personnel action taking effect on or after the date of enactment of this Act [Oct. 2, 1992].

"(2) In the case of an employee or former employee of the Veterans Health Administration (or predecessor agency in name)—

“(A) against whom an adverse personnel action was taken before the date of enactment of this Act, “(B) who, as a result of the enactment of the Civil Service Due Process Amendments (5 U.S.C. 7501 note) (Pub. L. 101-376], became ineligible to appeal such action to the Merit Systems Protection Board,

"(C) as to whom that appeal right is restored as a result of the enactment of subsection (a), or would have been restored but for the passage of time, and

"(D) who is not precluded, by section 7121(e)(1) of title 5, United States Code, from appealing to the Merit Systems Protection Board,

the deadline for bringing an appeal under section 7513(d) or section 4303(e) of such title with respect to such action shall be the latter of

"(i) the 60th day after the date of enactment of this Act; or

"(ii) the deadline which would otherwise apply if this paragraph had not been enacted."

EFFECTIVE Date of 1990 AMENDMENT Amendment by Pub. L. 101-376 applicable with respect to any personnel action taking effect on or after Aug. 17, 1990, see section 2(c) of Pub. L. 101-376, set out as a note under section 4303 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 241; title 22 sections 1438, 3701; title 25 section 2011; title 32 section 709; title 39 section 1005; title 49 App. section 1348a.

§ 7512. Actions covered

This subchapter applies to

[See main edition for text of (1) to (5)]

but does not apply to—

[See main edition for text of (A) to (D)]

(E) an action initiated under section 1215 or 7521 of this title.

(As amended Pub. L. 101-12, § 9(a)(2), Apr. 10, 1989, 103 Stat. 35.)

AMENDMENTS

1989-Par. (E). Pub. L. 101-12 substituted "1215" for "1206".

EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as a note under section 1201 of this title.

§ 7513. Cause and procedure

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1221 of this title; title 38 section 7101.

SUBCHAPTER III-ADMINISTRATIVE

LAW JUDGES

§ 7521. Actions against administrative law judges [See main edition for text of (a)]

(b) The actions covered by this section are[See main edition for text of (1) to (5)]

but do not include

[See main edition for text of (A) and (B)]

(C) any action initiated under section 1215 of this title.

(As amended Pub. L. 101-12, § 9(a)(2), Apr. 10, 1989, 103 Stat. 35.)

AMENDMENTS

1989-Subsec. (b)(C). Pub. L. 101-12 substituted "1215" for "1206".

EFFECTIVE DATE of 1989 AmendmenT Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as a note under section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 559, 1305, 7502, 7512 of this title; title 15 section 1715; title 29 section 661; title 30 section 823; title 38 section 7101; title 39 section 3601; title 42 sections 2000e-4, 3608.

SUBCHAPTER V-SENIOR EXECUTIVE SERVICE

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 7701 of this title; title 38 section 7425.

§ 7542. Actions covered

This subchapter applies to a removal from the civil service or suspension for more than 14 days, but does not apply to an action initiated under section 1215 of this title, to a suspension or removal under section 7532 of this title, or to a removal under section 3592 or 3595 of this title.

(As amended Pub. L. 101-12, § 9(a)(2), Apr. 10, 1989, 103 Stat. 35.)

AMENDMENTS

1989-Pub. L. 101-12 substituted "1215" for "1206".

EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as a note under section 1201 of this title.

§ 7543. Cause and procedure

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3151, 3393 of this title; title 10 sections 1590, 1601; title 31 section 733.

CHAPTER 77-APPEALS

§ 7701. Appellate procedures

[See main edition for text of (a)] (b)(1) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under section 3105 of this title or other employee of the Board designated by the Board to hear such cases, except that in any case involving a removal from the service, the case shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge. The Board, administrative law judge, or other employee (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management.

(2)(A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless

(i) the deciding official determines that the granting of such relief is not appropriate; or (ii)(I) the relief granted in the decision provides that such employee or applicant shall return or be present at the place of employment during the period pending the outcome of any petition for review under subsection (e); and

(II) the employing agency, subject to the provisions of subparagraph (B), determines that the return or presence of such employee or applicant is unduly disruptive to the work environment.

(B) If an agency makes a determination under subparagraph (A)(ii)(II) that prevents the return or presence of an employee at the place of employment, such employee shall receive pay, compensation, and all other benefits as terms and conditions of employment during the period pending the outcome of any petition for review under subsection (e).

(C) Nothing in the provisions of this paragraph may be construed to require any award of back pay or attorney fees be paid before the decision is final.

(3) With respect to an appeal from an adverse action covered by subchapter V of chapter 75, authority to mitigate the personnel action involved shall be available, subject to the same standards as would apply in an appeal involving an action covered by subchapter II of chapter 75 with respect to which mitigation authority under this section exists.

(c)(1) Subject to paragraph (2) of this subsection, the decision of the agency shall be sustained under subsection (b) only if the agency's decision

(A) in the case of an action based on unacceptable performance described in section 4303 or a removal from the Senior Executive Service for failure to be recertified under section 3393a, is supported by substantial evidence; or

[See main edition for text of (B), (2); (d) to (i)]

(j) In determining the appealability under this section of any case involving a removal from the service (other than the removal of a reemployed annuitant), neither an individual's status under any retirement system established by or under Federal statute nor any election made by such individual under any such system may be taken into account.

(k) The Board may prescribe regulations to carry out the purpose of this section.

(As amended Pub. L. 101-12, § 6, Apr. 10, 1989, 103 Stat. 33; Pub. L. 101-194, title V, § 506(b)(6), Nov. 30, 1989, 103 Stat. 1758; Pub. L. 101-280, § 6(d)(2), May 4, 1990, 104 Stat. 160; Pub. L. 101-376, § 3, Aug. 17, 1990, 104 Stat. 462; Pub. L. 102-175, § 5, Dec. 2, 1991, 105 Stat. 1223; Pub. L. 102-378, § 2(56), Oct. 2, 1992, 106 Stat. 1354.)

AMENDMENTS

1992-Subsec. (c)(1)(A). Pub. L. 102-378 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "in the case of an action based on unacceptable performance described in section 4303 or a removal from the Senior Executive Service for failure to be recertified under section 3393a of this title, is supported by substantial evidence, or".

1991-Subsec. (b)(3). Pub. L. 102-175 added par. (3). 1990-Subsec. (c)(1)(A). Pub. L. 101-280 amended Pub. L. 101-194, see 1989 Amendment note below. Subsecs. (j), (k). Pub. L. 101-376 added subsec. (j) and redesignated former subsec. (j) as (k). 1989-Subsec. (b). Pub. L. 101-12 designated existing provisions as par. (1) and added par. (2).

Subsec. (c)(1)(A). Pub. L. 101-194, as amended by Pub. L. 101-280, which directed the substitution of "or a removal from the Senior Executive Service for failure to be recertified under section 3393a of” for “of", was executed by making the substitution for the second reference to "of" as the probable intent of Congress.

EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-376 effective Aug. 17, 1990, and applicable with respect to any appeal or other proceeding brought on or after such date, see section 4 of Pub. L. 101-376, set out as a note under section 4303 of this title.

EFFECTIVE DATE OF 1989 AMENDMENTS

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101-194, set out as a note under section 3151 of this title.

Amendment by Pub. L. 101-12 effective 90 days fol. lowing Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as a note under section 1201 of this title.

SAVINGS PROVISION

For effect of Pub. L. 101-12 on orders, rules, and regulations issued before effective date of Pub. L. 101-12, administrative proceedings pending at time provisions of Pub. L. 101-12 take effect, and suits and other proceedings as in effect immediately before effective date of Pub. L. 101-12, see section 7 of Pub. L. 101-12, set out as a note under section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1212, 3395a, 3592, 3593, 3595, 4303, 5596, 7121, 7513, 7543, 7702, 7703, 8347, 8451, 8461 of this title; title 20 section 241; title 22 sections 1438, 4137; title 28 section 569; title 31 section 753.

§ 7703. Judicial review of decisions of the Merit Systems Protection Board

(a) [See main edition for text of (1)]

(2) The Board shall be named respondent in any proceeding brought pursuant to this subsection, unless the employee or applicant for employment seeks review of a final order or decision on the merits on the underlying personnel action or on a request for attorney fees, in which case the agency responsible for taking the personnel action shall be the respondent.

[See main edition for text of (b) to (d)] (As amended Pub. L. 101-12, § 10, Apr. 10, 1989, 103 Stat. 35.)

AMENDMENTS

1989-Subsec. (a)(2). Pub. L. 101-12 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The Board shall be the named respondent in any proceeding brought pursuant to this subsection, unless the employee or applicant for employment seeks review of a final order or decision issued by the Board under section 7701. In review of a final order or decision issued under section 7701, the agency responsible for taking the action appealed to the Board shall be the named respondent."

EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101-12, set out as a note under section 1201 of this title.

SAVINGS PROVISION

For effect of Pub. L. 101-12 on orders, rules, and regulations issued before effective date of Pub. L. 101-12, administrative proceedings pending at time provisions of Pub. L. 101-12 take effect, and suits and other proceedings as in effect immediately before effective date of Pub. L. 101-12, see section 7 of Pub. L. 101-12 set out as a note under section 1201 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1214, 1215, 1221, 7121, 8347, 8461 of this title; title 28 section 1295. CHAPTER 79-SERVICES TO EMPLOYEES

Sec.

7905. Programs to encourage commuting by means other than single-occupancy motor vehicles.

AMENDMENTS

1993-Pub. L. 103-172, § 2(b), Dec. 2, 1993, 107 Stat. 1996, added item 7905.

STATE OR LOCAL GOVERNMENT PROGRAMS ENCOURAGING EMPLOYEE USE OF PUBLIC TRANSPORTATION; FEDERAL AGENCY PARTICIPATION

Pub. L. 102-241, § 44, Dec. 19, 1991, 105 Stat. 2226, provided that: "The Department of Transportation may include military personnel of the Coast Guard in any program in which the Department participates under section 629 of the Treasury, Postal Service and General Government Appropriations Act, 1991, Public Law 101-509 [set out below], notwithstanding section 629(c)(2) of that Act."

Pub. L. 101-509, title VI, § 629, Nov. 5, 1990, 104 Stat. 1478, authorized Federal agencies and employees to participate in State or local government programs encouraging employees to use public transportation, directed General Accounting Office, not later than June 30, 1993, to conduct a study and submit a report on the implementation of such programs, and provided that this section was repealed effective Dec. 31, 1993.

§ 7901. Health service programs

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-172, § 1(a), Dec. 2, 1993, 107 Stat. 1995, provided that: "This Act [enacting section 7905 of this title and provisions set out as notes under section 7905 of this title] may be cited as the 'Federal Employees Clean Air Incentives Act'."

§ 7902. Safety programs

EXTENSION OF TERM OF FEDERAL ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH Term of the Federal Advisory Council on Occupational Safety and Health extended until Sept. 30, 1991, by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.

Term of the Federal Advisory Council on Occupational Safety and Health extended until Sept. 30, 1993, by Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.

Term of the Federal Advisory Council on Occupational Safety and Health extended until Sept. 30, 1995, by Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title. § 7905. Programs to encourage commuting by means other than single-occupancy motor vehicles

(a) For the purpose of this section

(1) the term "employee" means an employee as defined by section 2105 and a member of a uniformed service;

(2) the term "agency" means

(A) an Executive agency;

(B) an entity of the legislative branch; and

(C) the judicial branch;

(3) the term "entity of the legislative branch" means the House of Representatives, the Senate, the Office of the Architect of the Capitol (including the Botanic Garden), the Capitol Police, the Congressional Budget Office, the Copyright Royalty Tribunal, the Government Printing Office, the Library of Congress, and the Office of Technology Assessment; and

(4) the term "transit pass" means a transit pass as defined by section 132(f)(5) of the Internal Revenue Code of 1986.

(b)(1) The head of each agency may establish a program to encourage employees of such agency to use means other than single-occupancy motor vehicles to commute to or from work. (2) A program established under this section may involve such options as

(A) transit passes (including cash reimbursements therefor, but only if a voucher or similar item which may be exchanged only for a transit pass is not readily available for direct distribution by the agency);

(B) furnishing space, facilities, or services to bicyclists; and

(C) any non-monetary incentive which the agency head may otherwise offer under any other provision of law or other authority.

(c) The functions of an agency head under this section shall

(1) with respect to the judicial branch, be carried out by the Director of the Administrative Office of the United States Courts;

(2) with respect to the House of Representatives, be carried out by the Committee on House Administration of the House of Representatives; and

(3) with respect to the Senate, be carried out by the Committee on Rules and Administration of the Senate.

(d) The President shall designate 1 or more agencies which shall

(1) prescribe guidelines for programs under this section;

(2) on request, furnish information or technical advice on the design or operation of any program under this section; and

(3) submit to the President and the Congress, before January 1, 1995, and at least every 2 years thereafter, a written report on the operation of this section, including, with respect to the period covered by the report

(A) the number of agencies offering programs under this section;

(B) a brief description of each of the various programs;

(C) the extent of employee participation in, and the costs to the Government associated with, each of the various programs;

(D) an assessment of any environmental or other benefits realized as a result of programs established under this section; and

(E) any other matter which may be appropriate.

(Added Pub. L. 103-172, § 2(a), Dec. 2, 1993, 107 Stat. 1995.)

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