5 U.S.C. § 1303 — Investigations; reports

Page 289 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1303 (d) The Office may prescribe reasonable proce- dure and regulations for the administration of its functions under chapter 15 of this title. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 633(2)7 (last 17 words), (3) (less last 10 words). Jan. 16, 1883, ch. 27, §§ 2(2)7 (last 17 words), (3) (less last 10 words), 22 Stat. 404. (b) ............. 5 U.S.C. 851 (1st 76 words), 868 (less proviso). June 27, 1944, ch. 287, §§ 2 (1st 76 words), 19, 58 Stat. 387, 391. (c) ............. 5 U.S.C. 851 (1st 76 words), 860. June 27, 1944, ch. 287, §§ 2 (1st 76 words), 11, 58 Stat. 387, 390. (d) ............. 5 U.S.C. 118k(d) (1st sentence). July 19, 1940, ch. 640 § 4 ‘‘Sec. 12(d) (1st sen- tence)’’, 54 Stat. 769. Subsection (a) is based on former section 633(3) (less last 10 words). The regulation-making power conferred by that section covers the power conferred by former section 633(2)7 (last 17 words) which is, therefore, omit- ted. The requirement of notice is preserved in section 3304. The words ‘‘through its members or the exam- iners’’ are omitted as unnecessary in view of section 1104. The authority of the President to prescribe rules, based on former section 633(1) is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of this title. In subsections (b)–(d), the word ‘‘rules’’ is omitted as included in ‘‘regulations’’. The provisions of the Veterans’ Preference Act of 1944 (former sections 851–869) to which the regulation-mak- ing authority of subsections (b) and (c) apply are car- ried into sections 2108, 3305(b), 3306(a)(2), 3308–3320, 3351, 3363, 3364, and 7701, subchapter I of chapter 35, and sub- chapter II of chapter 75 of this title. The first 76 words of former section 851 are added here to preserve the general statement of policy in the light of which the substantive provisions that formerly comprised the Veterans’ Preference Act of 1944 are to be interpreted. See Elder v. Brannan, 241 U.S. 277, 286. In subsection (b), the words ‘‘in the competitive service in Executive agencies, permanent or temporary, and in the govern- ment of the District of Columbia’’, and in subsection (c) the words ‘‘in the excepted service in Executive agen- cies, permanent or temporary, and in the government of the District of Columbia’’ are coextensive with and substituted for ‘‘in civilian positions in all establish- ments, agencies, bureaus, administrations, projects, and departments of the Government, permanent or temporary, and in either (a) the classified civil service; (b) the unclassified civil service; (c) any temporary or emergency establishment, agency, bureau, administra- tion, project, and department created by Acts of Con- gress or Presidential Executive order’’, in view of the exclusion of positions in the legislative and judicial branches by former section 869. 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. Editorial Notes AMENDMENTS 1978—Subsecs. (a) to (d). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’ and ‘‘Office’’ for ‘‘Commission’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. Executive Documents EXECUTIVE ORDER NO. 10561 Ex. Ord. No. 10561, Sept. 13, 1954, 19 F.R. 5963, which related to official personnel folders, was revoked by section 2–201 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out as a note under section 1101 of this title. EXECUTIVE ORDER NO. 11397 Ex. Ord. No. 11397, Feb. 9, 1968, 33 F.R. 2833, formerly set out as a note under this section, which related to transitional appointments of veterans who served dur- ing the Vietnam Era, was revoked by Ex. Ord. No. 11521, Mar. 26, 1970, 35 F.R. 5311, set out as a note under sec- tion 3302 of this title. § 1303. Investigations; reports The Office of Personnel Management, Merit Systems Protection Board, and Special Counsel may investigate and report on matters con- cerning— (1) the enforcement and effect of the rules prescribed by the President under this title for the administration of the competitive service and the regulations prescribed by the Office of Personnel Management under section 1302(a) of this title; and (2) the action of an examiner, a board of ex- aminers, and other employees concerning the execution of the provisions of this title that relate to the administration of the competi- tive service. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95–454, title IX, § 906(a)(4), (11), Oct. 13, 1978, 92 Stat. 1225.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 633(4). Jan. 16, 1883, ch. 27, § 2(4), 22 Stat. 404. The authority of the President to prescribe rules is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of this title. In paragraph (2), the words ‘‘in respect to the execu- tion of this act’’ are changed to ‘‘concerning the execu- tion of the provisions of this title that relate to the ad- ministration of the competitive service’’ to avoid hav- ing to refer in the text to the sections of this title into which the Civil Service Act, the act referred to, is codi- fied. These sections are: 1101, 1102, 1105, 1302(a), 1303, 1307, 1308(a)(1), 2102, 2951, 3302, 3303, 3304(a), (d), 3305(a), 3306, 3318(a), 3319(a), 3321, 7152, 7153, 7321, 7322, and 7352. The words ‘‘the provisions of this title that relate to the administration of the competitive service’’ will in- clude some of the sections derived from the Veterans’ Preference Act of 1944 (former sections 851–869). They are based in part on former section 860 (codified in § 1302(c)). The authorization in that section to make and enforce regulations for the competitive service would include the authority to investigate and report. The words ‘‘and other employees’’ are substituted for ‘‘and its own subordinates, and those in the public serv- ice’’ in view of the definition of ‘‘employee’’ in section 2105. Standard changes are made to conform with the defi- nition applicable and the style of this title as outlined in the preface to the report. Page 290 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1304 Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted in opening par. ‘‘Of- fice of Personnel Management, Merit Systems Protec- tion Board, and Special Counsel’’ for ‘‘Civil Service Commission’’ and in par. (1) ‘‘Office of Personnel Man- agement’’ for ‘‘Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. § 1304. Loyalty investigations; reports; revolving fund (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; and (3) section 1203(e) of title 6, District of Co- lumbia 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 na- tional interest, he may have the investigations of a group or class, which are required by sub- section (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 Of- fice without fiscal year limitation, for financing investigations, training, and such other func- tions as the Office is authorized or required to perform on a reimbursable basis, including per- sonnel management services performed at the request of individual agencies (which would oth- erwise be the responsibility of such agencies), or at the request of nonappropriated fund instru- mentalities, and for the cost of audits, inves- tigations, and oversight activities, conducted by the Inspector General of the Office, of the fund and the activities financed by the fund. How- ever, 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 fis- cal 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 ag- gregate 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 unex- pended balances of appropriations or funds re- lating to activities the financing of which is transferred to the fund) less the amount of re- lated liabilities, the amount of unpaid obliga- tions, and the value of accrued annual leave of employees, which are attributable to the ac- tivities 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 Of- fice as adequate to recover expenses of oper- ation (including provision for accrued annual leave of employees and depreciation of equip- ment); and (B) receipts from sales or exchanges of prop- erty, 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 activi- ties 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 re- quested 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 appro- priate to the Committee on Governmental Af- fairs of the Senate and the Committee on Post Office and Civil Service of the House of Rep- resentatives. (f) An agency may use available appropria- tions to reimburse the Office or the Federal Bu- reau of Investigation for the cost of investiga- tions, training, and functions performed for them under this section, or to make advances toward their cost. These advances and reim- bursements shall be credited directly to the ap- plicable appropriations of the Office or the Fed- eral Bureau of Investigation. (g) This section does not affect the responsi- bility of the Federal Bureau of Investigation to investigate espionage, sabotage, or subversive acts. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 91–189, § 1, Dec. 30, 1969, 83 Stat. 851; Pub. L. 91–648, title V, § 510, Jan. 5, 1971, 84 Stat. 1928; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–60, title II,