5 U.S.C. § 2306 — Coordination with certain other provi-

Page 324 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 2304 1 See References in Text note below. employees of the Federal Bureau of Investigation vest- ed in the President by section 101(a) of the Civil Service Reform Act of 1978 (Public Law 95–454), as amended by the Whistleblower Protection Act of 1989 (Public Law 101–12), and codified at section 2303(c) of title 5, United States Code, and direct the Attorney General to estab- lish appropriate processes within the Department of Justice to carry out these functions. Not later than March 1 of each year, the Attorney General shall pro- vide a report to the President stating the number of al- legations of reprisal received during the preceding cal- endar year, the disposition of each allegation resolved during the preceding calendar year, and the number of unresolved allegations pending as of the end of the cal- endar year. All of the functions vested in the President by sec- tion 2303(c) of title 5, United States Code, and delegated to the Attorney General, may be redelegated, as appro- priate, provided that such functions may not be redele- gated to the Federal Bureau of Investigation. You are authorized and directed to publish this memorandum in the Federal Register. WILLIAM J. CLINTON. § 2304. Prohibited personnel practices affecting the Transportation Security Administration (a) IN GENERAL.—Notwithstanding any other provision of law, any individual holding or ap- plying for a position within the Transportation Security Administration shall be covered by— (1) the provisions of section 2302(b)(1), (8), and (9); (2) any provision of law implementing sec- tion 2302(b)(1), (8), or (9) by providing any right or remedy available to an employee or appli- cant for employment in the civil service; and (3) any rule or regulation prescribed under any provision of law referred to in paragraph (1) or (2). (b) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to affect any rights, apart from those described in subsection (a), to which an individual described in subsection (a) might otherwise be entitled under law. (Added Pub. L. 112–199, title I, § 109(a)(2), Nov. 27, 2012, 126 Stat. 1470.) Editorial Notes PRIOR PROVISIONS A prior section 2304 was renumbered section 2305 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 112–199, title I, § 109(c), Nov. 27, 2012, 126 Stat. 1471, provided that: ‘‘The amendments made by this section [enacting this section and renumbering sec- tions 2304 and 2305 of this title as sections 2305 and 2306, respectively, of this title] shall take effect on the date of enactment of this section [Nov. 27, 2012].’’ § 2305. Responsibility of the Government Ac- countability Office If requested by either House of the Congress (or any committee thereof), or if considered nec- essary by the Comptroller General, the Govern- ment Accountability Office shall conduct audits and reviews to assure compliance with the laws, rules, and regulations governing employment in the executive branch and in the competitive service and to assess the effectiveness and soundness of Federal personnel management. (Added Pub. L. 95–454, title I, § 101(a), Oct. 13, 1978, 92 Stat. 1118, § 2304; amended Pub. L. 102–378, § 2(6), Oct. 2, 1992, 106 Stat. 1346; Pub. L. 104–66, title II, § 2181(e), Dec. 21, 1995, 109 Stat. 732; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; renumbered § 2305, Pub. L. 112–199, title I, § 109(a)(1), Nov. 27, 2012, 126 Stat. 1470.) Editorial Notes PRIOR PROVISIONS A prior section 2305 was renumbered section 2306 of this title. AMENDMENTS 2012—Pub. L. 112–199 renumbered section 2304 of this title as this section. 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’ in section catchline and text. 1995—Pub. L. 104–66 struck out subsec. (a) designation before ‘‘If requested by’’ and struck out subsec. (b) which read as follows: ‘‘The General Accounting Office shall prepare and submit an annual report to the Presi- dent and the Congress on the activities of the Merit Systems Protection Board and the Office of Personnel Management. The report shall include a description of— ‘‘(1) significant actions taken by the Board to carry out its functions under this title; and ‘‘(2) significant actions of the Office of Personnel Management, including an analysis of whether or not the actions of the Office are in accord with merit sys- tem principles and free from prohibited personnel practices.’’ 1992—Subsec. (b). Pub. L. 102–378 substituted ‘‘The’’ for ‘‘the’’ at beginning of first sentence. § 2306. Coordination with certain other provi- sions of law No provision of this chapter, or action taken under this chapter, shall be construed to impair the authorities and responsibilities set forth in section 102 of the National Security Act of 1947 (61 Stat. 495; 50 U.S.C. 403),1 the Central Intel- ligence Agency Act of 1949 (63 Stat. 208; 50 U.S.C. 403a and following),1 the Act entitled ‘‘An Act to provide certain administrative authorities for the National Security Agency, and for other purposes’’, approved May 29, 1959 (73 Stat. 63; 50 U.S.C. 402 note),1 and the Act entitled ‘‘An Act to amend the Internal Security Act of 1950’’, ap- proved March 26, 1964 (78 Stat. 168; 50 U.S.C. 831–835). (Added Pub. L. 95–454, title I, § 101(a), Oct. 13, 1978, 92 Stat. 1118, § 2305; renumbered § 2306, Pub. L. 112–199, title I, § 109(a)(1), Nov. 27, 2012, 126 Stat. 1470.) Editorial Notes REFERENCES IN TEXT The National Security Act of 1947, referred to in text, is act July 26, 1947, ch. 343, 61 Stat. 495, which was for- merly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Section 102 of the Act was repealed by Pub. L. 104–293, title VIII, § 805(a), Oct. 11, 1996, 110 Stat. 3477, another section 102 was repealed by Pub. L. 108–458, title I, §§ 1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698, and subsequently another section 102, as added by Pub. L. Page 325 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 2902 108–458, title I, §1011(a), Dec. 17, 2004, 118 Stat. 3644, was classified to section 403 of Title 50 prior to editorial re- classification to section 3023 of Title 50. For complete classification of this Act to the Code, see Tables. The Central Intelligence Agency Act of 1949, referred to in text, is act June 20, 1949, ch. 227, 63 Stat. 208, which was formerly classified generally to section 403a et seq. of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classi- fied generally to chapter 46 (§ 3501 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables. The Act entitled ‘‘An Act to provide certain adminis- trative authorities for the National Security Agency, and for other purposes’’, approved May 29, 1959, referred to in text, is Pub. L. 86–36, May 29, 1959, 73 Stat. 63, which was formerly set out as a note under section 402 of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classified gen- erally to chapter 47 (§ 3601 et seq.) of Title 50. For com- plete classification of this Act to the Code, see Tables. The Act entitled ‘‘An Act to amend the Internal Se- curity Act of 1950’’, approved March 26, 1964, referred to in text, is act Sept. 23, 1950, ch. 1024, title III, as added Mar. 26, 1964, Pub. L. 88–290, 78 Stat. 168, which is classi- fied principally to subchapter III (§ 831 et seq.) of chap- ter 23 of Title 50. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2012—Pub. L. 112–199 renumbered section 2305 of this title as this section. [§ 2307. Repealed. Pub. L. 115–91, div. A, title X, § 1097(b)(1)(A), Dec. 12, 2017, 131 Stat. 1616] Section, added Pub. L. 115–73, title I, § 107(b), Oct. 26, 2017, 131 Stat. 1239, related to information on whistle- blower protections and agency responsibilities. CHAPTER 29—COMMISSIONS, OATHS, RECORDS, AND REPORTS SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS Sec. 2901. Commission of an officer. 2902. Commission; where recorded. 2903. Oath; authority to administer. 2904. Oath; administered without fees. 2905. Oath; renewal. 2906. Oath; custody. SUBCHAPTER II—REPORTS 2951. Reports to the Office of Personnel Manage- ment. 2952. Time of making annual reports. 2953. Reports to Congress on additional employee requirements. 2954. Information to committees of Congress on re- quest. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454, title IX, § 906(a)(16), Oct. 13, 1978, 92 Stat. 1226, substituted ‘‘Office of Personnel Manage- ment’’ for ‘‘Civil Service Commission’’ in item 2951. SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS § 2901. Commission of an officer The President may make out and deliver, after adjournment of the Senate, the commission of an officer whose appointment has been con- firmed by the Senate. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 411.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 10. R.S. § 1773. The words ‘‘confirmed by’’ are substituted for ‘‘ad- vised and consented to’’. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 2902. Commission; where recorded (a) Except as provided by subsections (b) and (c) of this section, the Secretary of State shall make out and record, and affix the seal of the United States to, the commission of an officer appointed by the President. The seal of the United States may not be affixed to the commis- sion before the commission has been signed by the President. (b) The commission of an officer in the civil service or uniformed services under the control of the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Sec- retary of a military department, the Secretary of the Interior, the Secretary of Homeland Secu- rity, or the Secretary of the Treasury shall be made out and recorded in the department in which he is to serve under the seal of that de- partment. The departmental seal may not be af- fixed to the commission before the commission has been signed by the President. (c) The commissions of judicial officers and United States attorneys and marshals, ap- pointed by the President, by and with the advice and consent of the Senate, and other commis- sions which before August 8, 1888, were prepared at the Department of State on the requisition of the Attorney General, shall be made out and re- corded in the Department of Justice under the seal of that department and countersigned by the Attorney General. The departmental seal may not be affixed to the commission before the commission has been signed by the President. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 411; Pub. L. 94–183, § 2(3), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 109–241, title IX, § 902(a)(2), July 11, 2006, 120 Stat. 566.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 4 U.S.C. 42 (as appli- cable to civil com- missions). [None.] (b) ............. 5 U.S.C. 11. Mar. 3, 1875, ch. 131, § 14, 18 Stat. 420. Mar. 28, 1896, ch. 73, 29 Stat. 75. Mar. 3, 1905, ch. 1422, 33 Stat. 990. (c) ............. 5 U.S.C. 12. Aug. 8, 1888, ch. 786, 25 Stat. 387. In subsection (a), the words ‘‘Except as provided by subsections (b) and (c) of this section,’’ are added on au- thority of former sections 11 and 12, which are codified in subsections (b) and (c) of this section. The words ‘‘the commission of an officer’’ are substituted for ‘‘all civil commissions for officers of the United States’’ be- cause of the definition of ‘‘officer’’ in section 2104. The words ‘‘by the President’’ are coextensive with and sub- stituted for ‘‘by the President, by and with the advice and consent of the Senate, or by the President alone’’.