5 U.S.C. § 7302 — Post-employment notification

Page 891 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7311 1 See References in Text note below. agency-specific polices for addressing the effects of do- mestic violence on its workforce, consistent with OPM guidance. Each agency shall submit for review and comment to the Director of OPM, a draft new or modi- fied agency-specific policy. In reviewing the draft agen- cy-specific policies, the Director of OPM shall consult with the Attorney General, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of Homeland Security, and other interested agency heads. Each agency shall issue a final agency-specific policy within 180 days after submission of its draft pol- icy to the Director of OPM. SEC. 3. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. The Director of OPM is hereby authorized and di- rected to publish this memorandum in the Federal Reg- ister. BARACK OBAMA. § 7302. Post-employment notification (a) Not later than the effective date of the amendments made by section 1106 of the Na- tional Defense Authorization Act for Fiscal Year 2004,1 or 180 days after the date of the en- actment of that Act, whichever is later, the Of- fice of Personnel Management shall, in consulta- tion with the Attorney General and the Office of Government Ethics, promulgate regulations re- quiring that each Executive branch agency no- tify any employee of that agency who is subject to the provisions of section 207(c)(1) of title 18, as a result of the amendment to section 207(c)(2)(A)(ii) of that title by that Act. (b) The regulations shall require that notice be given before, or as part of, the action that af- fects the employee’s coverage under section 207(c)(1) of title 18, by virtue of the provisions of section 207(c)(2)(A)(ii) of that title, and again when employment or service in the covered posi- tion is terminated. (Added Pub. L. 108–136, div. A, title XI, § 1125(b)(2), Nov. 24, 2003, 117 Stat. 1639.) Editorial Notes REFERENCES IN TEXT The effective date of the amendments made by sec- tion 1106 of the National Defense Authorization Act for Fiscal Year 2004, referred to in subsec. (a), probably means the effective date of the amendments made by section 1125 of the National Defense Authorization Act for Fiscal Year 2004, Pub. L. 108–136, which enacted this section. Pub. L. 108–136 does not contain a section 1106, and the provisions appearing in section 1106 of H.R. 1588, the National Defense Authorization Act for Fiscal Year 2004, as passed by the House of Representatives on May 22, 2003, were contained in section 1125 of Pub. L. 108–136. For effective date of amendments made by sec- tion 1125 of Pub. L. 108–136, see section 1125(c) of Pub. L. 108–136, set out as an Effective Date of 2003 Amend- ment note under section 5304 of this title. The date of the enactment of that Act, referred to in subsec. (a), is the date of enactment of the National De- fense Authorization Act for Fiscal Year 2004, Pub. L. 108–136, which was approved Nov. 24, 2003. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of first pay period be- ginning on or after Jan. 1, 2004, see section 1125(c)(1) of Pub. L. 108–136, set out as an Effective Date of 2003 Amendment note under section 5304 of this title. SUBCHAPTER II—EMPLOYMENT LIMITATIONS Editorial Notes AMENDMENTS 1968—Pub. L. 90–351, title V, § 1001(c), June 19, 1968, 82 Stat. 235, substituted ‘‘EMPLOYMENT LIMITATIONS’’ for ‘‘LOYALTY, SECURITY, AND STRIKING’’ in sub- chapter heading. § 7311. Loyalty and striking An individual may not accept or hold a posi- tion in the Government of the United States or the government of the District of Columbia if he— (1) advocates the overthrow of our constitu- tional form of government; (2) is a member of an organization that he knows advocates the overthrow of our con- stitutional form of government; (3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the Dis- trict of Columbia; or (4) is a member of an organization of em- ployees of the Government of the United States or of individuals employed by the gov- ernment of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the gov- ernment of the District of Columbia. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 524.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 118p. Aug. 9, 1955, ch. 690, § 1, 69 Stat. 624. .................. [Uncodified]. June 29, 1956, ch. 479, § 3, (as applicable to the Act of Aug. 9, 1955, ch. 690, § 1, 69 Stat. 624), 70 Stat. 453. The word ‘‘position’’ is coextensive with and is sub- stituted for ‘‘office or employment’’. In paragraphs (1) and (2), the words ‘‘in the United States’’ in former section 118p(1), (2) are omitted as un- necessary in view of the reference to ‘‘our constitu- tional form of government’’. In paragraphs (3) and (4), the reference to the ‘‘gov- ernment of the District of Columbia’’ is added on au- thority of the Act of June 29, 1956, in order to make these paragraphs meaningful with respect to individ- uals employed by the government of the District of Co- lumbia. The words ‘‘From and after July 1, 1956’’, ap- pearing in the Act of June 29, 1956, are omitted as exe- cuted. 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.