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5 U.S.C. § 1304 — Loyalty investigations; reports; revolving fund

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1304 — Loyalty investigations; reports; revolving fund

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Stable record: federal_law:legal_authorities:record_usc_25f3b347fd0e4615415539f7
Source file: Laws/federal/codes/united-states-code/title-5/section-1304-loyalty-investigations-reports-revolving-fund--a4e72dec64.md
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Source location: Title 5, Chapter 13, § 1304; chapter-013-special-authority.md

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**(a)** The Office of Personnel Management shall conduct the investigations and issue the reports required by the following statutes— (1) sections 272b, 281b(e), and 290a of title 22; (2) [section 1874(c) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1874/c&num=0&edition=prelim); and (3) [section 1203(e) of title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1203/e&num=0&edition=prelim), 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 Office shall refer the matter to the Federal Bureau of Investigation for a full field investigation, a report of which shall be furnished to the Office 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 Office. **(d)** The investigation and report required by subsection (a) of this section shall be made by the Federal Bureau of Investigation rather than the Office for those specific positions which the Secretary of State certifies are of a high degree of importance or sensitivity. **(e)** (1) A revolving fund is available, to the Office without fiscal year limitation, for financing investigations, training, and such other functions as the Office is authorized or required to perform on a reimbursable basis, including personnel management services performed at the request of individual agencies (which would otherwise be the responsibility of such agencies), or at the request of nonappropriated fund instrumentalities, and for the cost of audits, investigations, and oversight activities, conducted by the Inspector General of the Office, of the fund and the activities financed by the fund. 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, which appropriations are hereby authorized, and (B) the sum of the fair and reasonable value of such supplies, equipment, and other assets as the Office 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 Office or other agencies, or from other sources, for those services and supplies provided at rates estimated by the Office 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 Office 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) (A) The Office shall prepare a business-type budget providing full disclosure of the results of operations for each of the functions performed by the Office 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. (B) Such budget shall include an estimate from the Inspector General of the Office of the amount required to pay the expenses to audit, investigate, and provide other oversight activities with respect to the fund and the activities financed by the fund. (C) The amount requested by the Inspector General under subparagraph (B) shall not exceed .33 percent of the total budgetary authority requested by the Office under subparagraph (A). (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 Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives. **(f)** An agency may use available appropriations to reimburse the Office 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 Office 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2165 — Security restrictions

**(a) On contractors and licensees** No arrangement shall be made under [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim), no contract shall be made or continued in effect under [section 2061 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2061&num=0&edition=prelim), and no license shall be issued under section 2133 or 2134 of this title, unless the person with whom such arrangement is made, the contractor or prospective contractor, or the prospective licensee agrees in writing not to permit any individual to have access to Restricted Data until the Director of the Office of Personnel Management shall have made an investigation and report to the Commission on the character, associations, and loyalty of such individual, and the Commission shall have determined that permitting such person to have access to Restricted Data will not endanger the common defense and security. **(b) Employment of personnel; access to Restricted Data** Except as authorized by the Commission or the General Manager upon a determination by the Commission or General Manager that such action is clearly consistent with the national interest, no individual shall be employed by the Commission nor shall the Commission permit any individual to have access to Restricted Data until the Director of the Office of Personnel Management shall have made an investigation and report to the Commission on the character, associations, and loyalty of such individual, and the Commission shall have determined that permitting such person to have access to Restricted Data will not endanger the common defense and security. **(c) Acceptance of investigation and clearance granted by other Government

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 21 — Oath of Senators

The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1471 — Authority of Secretary of State

In carrying out the purposes of this chapter, the Secretary is authorized, in addition to and not in limitation of the authority otherwise vested in him— (1) In 11 So in original. Probably should not be capitalized. carrying out subchapter II of this chapter, to make grants of money, services, or materials to State and local governmental institutions in the United States, to governmental institutions in other countries, and to individuals and public or private nonprofit organizations both in the United States and in other countries; (2) to furnish, sell, or rent, by contract or otherwise, educational and information materials and equipment for dissemination to, or use by, peoples of foreign countries; (3) whenever necessary in carrying out subchapter V of this chapter, to purchase, rent, construct, improve, maintain, and operate facilities for radio and television transmission and reception, including the leasing of associated real property (either within or outside the United States) for periods not to exceed forty years, or for longer periods if provided for by an appropriation Act, and the alteration, improvement, and repair of such property, without regard to section 322 22 See References in Text note below. of the Act of June 30, 1932, and any such real property or interests therein which are outside the United States may be acquired without regard to sections 3111 and 3112 of title 40 if the sufficiency of the title to such real property or interests therein is approved by the Director of the United States Information Agency; (4) to provide for printing and binding outside the continental limits of the United States, without regard to [section 501 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section501&num=0&edition=prelim)

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1471

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1434 — Repealed. Pub. L. 96–60, title II, § 203(a)(1), Aug. 15, 1979, 93 Stat. 398

### Statutory Notes Section, acts Jan. 27, 1948, ch. 36, title X, § 1001, 62 Stat. 13; Apr. 5, 1952, ch. 159, § 1, 66 Stat. 43; 1977 Reorg. Plan No. 2, § 7(a)(1), 42 F.R. 62461, 91 Stat. 1637; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783, provided for loyalty check of personnel. Pub. L. 87–256, § 111(a)(2), Sept. 21, 1961, 75 Stat. 538, previously repealed this section insofar as it related to persons employed or assigned to duties under the Mutual Educational and Cultural Exchange Act of 1961. #### Effective Date of Repeal Repeal effective Oct. 1, 1979, see section 209 of Pub. L. 96–60, set out as an Effective Date of 1979 Amendment note under [section 1471 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1471&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1434

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 501 — Government printing, binding, and blank-book work to be done at Government Publishing Office

All printing, binding, and blank-book work for Congress, the Executive Office, the Judiciary, other than the Supreme Court of the United States, and every executive department, independent office and establishment of the Government, shall be done at the Government Publishing Office, except— (1) classes of work the Joint Committee on Printing considers to be urgent or necessary to have done elsewhere; and (2) printing in field printing plants operated by an executive department, independent office or establishment, and the procurement of printing by an executive department, independent office or establishment from allotments for contract field printing, if approved by the Joint Committee on Printing. Printing or binding may be done at the Government Publishing Office only when authorized by law.

Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 501

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 278h — Research program on security of computer systems

**(a) Establishment** The Director shall establish a program of assistance to institutions of higher education that enter into partnerships with for-profit entities to support research to improve the security of computer systems. The partnerships may also include government laboratories and nonprofit research institutions. The program shall— (1) include multidisciplinary, long-term research; (2) include research directed toward addressing needs identified through the activities of the Computer System Security 11 So in original. Probably should be “Information Security”. and Privacy Advisory Board under section 278g–3(f) 22 See References in Text note below. of this title; and (3) promote the development of a robust research community working at the leading edge of knowledge in subject areas relevant to the security of computer systems by providing support for graduate students, post-doctoral researchers, and senior researchers. **(b) Fellowships** (1) **Post-doctoral research fellowships** — The Director is authorized to establish a program to award post-doctoral research fellowships to individuals who are citizens, nationals, or lawfully admitted permanent resident aliens of the United States and are seeking research positions at institutions, including the Institute, engaged in research activities related to the security of computer systems, including the research areas described in [section 7403(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7403/a/1&num=0&edition=prelim). (2) **Senior research fellowships** — The Director is authorized to establish a program to award senior research fellowships to individuals seeking research positions at institutions, including the Institute, engaged in research activities rel

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 278h

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3417 — Assignment of Federal personnel to State Indian economic development programs

Any State with an economic development program targeted to Indian tribes shall be eligible to receive, at no cost to the State, such Federal personnel assignments as the Secretary, in accordance with the applicable provisions of the Intergovernmental Personnel Act of 1970 [[42 U.S.C. 4701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4701&num=0&edition=prelim) et seq.], may deem appropriate to help ensure the success of such program.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3417

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4711 to 4713 — Congressional findings and declaration of policy

The Congress hereby finds and declares—

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4744 — Admission to Federal employee training programs

**(a) State and local government officers and employees** In accordance with such conditions as may be prescribed by the head of the Federal agency concerned, a Federal agency may admit State and local government employees and officials to agency training programs established for Federal professional, administrative, or technical personnel. **(b) Waiver of payments for training costs** Federal agencies may waive, in whole or in part, payments from, or on behalf of, State and local governments for the costs of training provided under this section. Payments received by the Federal agency concerned for training under this section shall be credited to the appropriation or fund used for paying the training costs. **(c) Initial costs; reimbursement of other Federal agencies** The Office may use appropriations authorized by this chapter to pay the initial additional developmental or overhead costs that are incurred by reason of admittance of State and local government employees to Federal training courses and to reimburse other Federal agencies for such costs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4744

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