5 U.S.C. § 3102 — Employment of personal assistants for

Page 333 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3102 1 So in original. Probably should be ‘‘(29 U.S.C. 791);’’. Pub. L. 99–190, title I, § 101(h) [H.R. 3036, title VI, § 603], Dec. 19, 1985, 99 Stat. 1291. Pub. L. 98–473, title I, § 101(j) [H.R. 5798, title VI, § 604], Oct. 12, 1984, 98 Stat. 1963. Pub. L. 98–151, § 101(f) [H.R. 4139, title VI, § 603], Nov. 14, 1983, 97 Stat. 973. Pub. L. 97–377, title I, § 101(a) [incorporating H.R. 4121, title VI, § 603, for FY 1982], Dec. 21, 1982, 96 Stat. 1830. Pub. L. 97–92, § 101(a) [H.R. 4121, title VI, § 603], Dec. 15, 1981, 95 Stat. 1183. Pub. L. 96–536, § 101(a) [incorporating Pub. L. 96–74, title VI, § 602], Dec. 16, 1980, 94 Stat. 3166. Pub. L. 96–74, title VI, § 602, Sept. 29, 1979, 93 Stat. 574. Pub. L. 95–429, title VI, § 602, Oct. 10, 1978, 92 Stat. 1015. Pub. L. 95–81, title VI, § 602, July 31, 1977, 91 Stat. 354. Pub. L. 94–419, title VII, § 750, Sept. 22, 1976, 90 Stat. 1299. Pub. L. 94–363, title VI, § 602, July 14, 1976, 90 Stat. 977. Pub. L. 94–212, title VII, § 753, Feb. 9, 1976, 90 Stat. 177. Pub. L. 94–91, title VI, § 602, Aug. 9, 1975, 89 Stat. 458. Pub. L. 93–381, title VI, § 602, Aug. 21, 1974, 88 Stat. 630. Pub. L. 93–143, title VI, § 602, Oct. 30, 1973, 87 Stat. 524. Pub. L. 92–351, title VI, § 602, July 13, 1972, 86 Stat. 487. Pub. L. 92–49, title VI, § 602, July 9, 1971, 85 Stat. 122. Pub. L. 91–439, title V, § 502, Oct. 7, 1970, 84 Stat. 902. Pub. L. 91–144, title V, § 502, Dec. 11, 1969, 83 Stat. 336. Pub. L. 90–479, title V, § 502, Aug. 12, 1968, 82 Stat. 717. Pub. L. 90–147, title V, § 502, Nov. 20, 1967, 81 Stat. 483. Pub. L. 89–689, title V, § 502, Oct. 15, 1966, 80 Stat. 1014. Pub. L. 89–299, title V, § 502, Oct. 28, 1965, 79 Stat. 1108. Pub. L. 88–511, title V, § 502, Aug. 30, 1964, 78 Stat. 693. Pub. L. 88–257, title V, § 502, Dec. 31, 1963, 77 Stat. 855. Pub. L. 87–880, title V, § 502, Oct. 24, 1962, 76 Stat. 1227. Pub. L. 87–125, title V, § 502, Aug. 3, 1961, 75 Stat. 282. Pub. L. 86–642, title II, § 202, July 12, 1960, 74 Stat. 476. Pub. L. 86–79, title II, § 202, July 8, 1959, 73 Stat. 165. Pub. L. 85–468, title II, § 202, June 25, 1958, 72 Stat. 224. Pub. L. 85–48, title II, § 202, June 5, 1957, 71 Stat. 53. June 13, 1956, ch. 385, title II, § 202, 70 Stat. 280. June 29, 1955, ch. 226, title II, § 202, 69 Stat. 195. Aug. 26, 1954, ch. 935, Ch. XIII, § 1302, 68 Stat. 828. Aug. 7, 1953, ch. 340, Ch. XIII, § 1302, 67 Stat. 435. July 15, 1952, ch. 758, Ch. XIV, § 1402, 66 Stat. 659. Nov. 1, 1951, ch. 664, Ch. XIII, § 1302, 65 Stat. 755. Sept. 6, 1950, ch. 897, Ch. XII, § 1202, 64 Stat. 763. Aug. 24, 1949, ch. 506, title III, § 302, 63 Stat. 661. Apr. 20, 1948, ch. 219, title II, § 202, 62 Stat. 193. July 30, 1947, ch. 359, title II, § 202, 61 Stat. 608. Mar. 28, 1946, ch. 113, title II, § 206, 60 Stat. 80. May 3, 1945, ch. 106, title II, § 206, 59 Stat. 132. June 27, 1944, ch. 286, title II, § 205, 58 Stat. 385. June 26, 1943, ch. 145, title II, § 205, 57 Stat. 196. Citizenship requirement for permanent officers and employees of Census Bureau, see section 22 of Title 13, Census. Exceptions to citizenship requirement for— Department of Defense personnel, see section 1584 of Title 10, Armed Forces. Department of State employees, see sections 2669, 2672 of Title 22, Foreign Relations and Inter- course. Department of the Navy personnel, see section 7473 of Title 10. Library of Congress positions, see section 169 of Title 2, The Congress. National Aeronautics and Space Administration employees, see section 20113 of Title 51, National and Commercial Space Programs. EMPLOYMENT OF PERSONNEL DURING NATIONAL EMERGENCY PROCLAIMED ON DEC. 16, 1950 Section 1310 of act Nov. 1, 1951, ch. 664, Ch. XIII, 65 Stat. 757, as amended June 5, 1952, ch. 369, Ch. XIII, § 1302, 66 Stat. 122; Sept. 1, 1954, ch. 1208, title VI, § 602, 68 Stat. 1115; Oct. 11, 1962, Pub. L. 87–793, § 717(b), 76 Stat. 858; Aug. 6, 1965, Pub. L. 89–114, 79 Stat. 448; Oct. 11, 1967, Pub. L. 90–105, § 3, 81 Stat. 274; Apr. 21, 1976, Pub. L. 94–273, § 4(5), 90 Stat. 377, provided that, upon the enactment of this Act [Nov. 1, 1951] and until termi- nation of the national emergency proclaimed by the President on Dec. 16, 1950, agencies shall use their au- thority to require initial appointment be made on other than a permanent basis to limit the number of permanent employees, the Civil Service Commission fa- cilitate the transfer of Federal employees from non- defense to defense activities with reemployment rights and make use of its authority to prohibit excessively rapid promotions, and agencies review certain positions annually and report to Congressional committees. All powers and authorities under section 1310 of act Nov. 1, 1951, as amended, terminated 2 years from Sept. 14, 1976, pursuant to Pub. L. 94–412, title I, § 101, Sept. 14, 1976, 90 Stat. 1255 (50 U.S.C. 1601). Executive Documents EX. ORD. NO. 12839. REDUCTION OF 100,000 FEDERAL POSITIONS Ex. Ord. No. 12839, Feb. 10, 1993, 58 F.R. 8515, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, section 3301 of title 5, United States Code, and section 1111 of title 31, United States Code, it is hereby ordered as follows: SECTION 1. Limits on Hiring Civilian Personnel. Each ex- ecutive department or agency with over 100 employees shall eliminate not less than 4 percent of its civilian personnel positions (measured on a full-time equivalent (FTE) basis) over the next 3 fiscal years. The positions shall be vacated through attrition or early out pro- grams established at the discretion of the department and agency heads. At least 10 percent of the reductions shall come from the Senior Executive Service, GS–15 and GS–14 levels or equivalent. SEC. 2. Coverage. This order applies to all executive branch departments and agencies with over 100 employ- ees (measured on a FTE basis). SEC. 3. Target Dates. Each department and agency shall achieve 25 percent of its total reductions by the end of fiscal year 1993, 62.5 percent by the end of fiscal year 1994, and 100 percent by the end of fiscal year 1995. SEC. 4. Implementation. The Director of the Office of Management and Budget shall issue detailed instruc- tions regarding the implementation of this order, in- cluding exemptions necessary for the delivery of essen- tial services and compliance with applicable law. SEC. 5. Independent Agencies. All independent regu- latory commissions and agencies are requested to com- ply with the provisions of this order. WILLIAM J. CLINTON. FREEZE ON HIRING OF FEDERAL CIVILIAN EMPLOYEES Memorandum of the President of the United States, dated Jan. 20, 1981, 46 F.R. 9907, provided for a freeze on the hiring of Federal civilian employees in the execu- tive branch. § 3102. Employment of personal assistants for handicapped employees, including blind and deaf employees (a) For the purpose of this section— (1) ‘‘agency’’ means— (A) an Executive agency; (B) the Library of Congress; and (C) an office, agency, or other establish- ment in the judicial branch; (2) ‘‘handicapped employee’’ means an indi- vidual employed by an agency who is blind or deaf or who otherwise qualifies as a handi- capped individual within the meaning of sec- tion 501 of the Rehabilitation Act of 1973 (29 U.S.C. 794); 1 and Page 334 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3102 (3) ‘‘nonprofit organization’’ means an orga- nization determined by the Secretary of the Treasury to be an organization described in section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)) which is exempt from taxation under section 501(a) of such Code. (b)(1) The head of each agency may employ one or more personal assistants who the head of the agency determines are necessary to enable a handicapped employee of that agency to perform the employee’s official duties and who shall serve without pay from the agency, without re- gard to— (A) the provisions of this title governing ap- pointment in the competitive service; (B) chapter 51 and subchapter III of chapter 53 of this title; and (C) section 1342 of title 31. Such employment may include the employing of a reading assistant or assistants for a blind em- ployee or an interpreting assistant or assistants for a deaf employee. (2) A personal assistant, including a reading or interpreting assistant, employed under this sub- section may receive pay for services performed by the assistant from the handicapped employee or a nonprofit organization, without regard to section 209 of title 18. (c) The head of each agency may also employ or assign one or more personal assistants who the head of the agency determines are necessary to enable a handicapped employee of that agen- cy to perform the employee’s official duties. Such employment may include the employing of a reading assistant or assistants for a blind em- ployee or an interpreting assistant or assistants for a deaf employee. (d)(1) In the case of any handicapped employee (including a blind or deaf employee) traveling on official business, the head of the agency may au- thorize the payment to an individual to accom- pany or assist (or both) the handicapped em- ployee for all or a portion of the travel period involved. Any payment under this subsection to such an individual may be made either directly to that individual or by advancement or reim- bursement to the handicapped employee. (2) With respect to any individual paid to ac- company or assist a handicapped employee under paragraph (1) of this subsection— (A) the amount paid to that individual shall not exceed the limit or limits which the Office of Personnel Management shall prescribe by regulation to ensure that the payment does not exceed amounts (including pay and, if ap- propriate, travel expenses and per diem allow- ances) which could be paid to an employee as- signed to accompany or assist the handicapped employee; and (B) that individual shall be considered an employee, but only for purposes of chapter 81 of this title (relating to compensation for in- jury) and sections 2671 through 2680 of title 28 (relating to tort claims). (e) This section may not be held or considered to prevent or limit in any way the assignment to a handicapped employee (including a blind or deaf employee) by an agency of clerical or secre- tarial assistance, at the expense of the agency under statutes and regulations currently appli- cable at the time, if that assistance normally is provided, or authorized to be provided, in that manner under currently applicable statutes and regulations. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 414; Pub. L. 90–623, § 1(3), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 95–454, title III, § 302(a), (b)(2), Oct. 13, 1978, 92 Stat. 1145, 1146; Pub. L. 96–54, § 2(a)(11), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96–523, § 1(a), Dec. 12, 1980, 94 Stat. 3039; Pub. L. 97–258, § 3(a)(3), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 106–518, title III, § 311, Nov. 13, 2000, 114 Stat. 2421; Pub. L. 106–553, § 1(a)(2) [title III, § 307], Dec. 21, 2000, 114 Stat. 2762, 2762A–86.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 43a. Aug. 29, 1962, Pub. L. 87–614, 76 Stat. 408. In subsection (a)(1), the word ‘‘agency’’ is substituted for ‘‘department’’. The words ‘‘Executive agency’’ are coextensive with and substituted for ‘‘each executive department of the Federal Government, each agency or independent establishment in the executive branch of such Government, each corporation wholly owned or controlled by such Government, and the General Ac- counting Office’’ in view of the definition of ‘‘Executive agency’’ in section 105. In subsection (a)(3), the words ‘‘individual employed’’ are substituted for ‘‘employee’’ so as to include individ- uals employed by the government of the District of Co- lumbia who are not employees as defined by section 2105. In subsection (b), the word ‘‘may’’ is substituted for ‘‘is authorized’’ and the words ‘‘in his discretion’’ are omitted as unnecessary in view of the permissive na- ture of the authority. The words ‘‘in the provisions of this title governing appointment in the competitive service’’ are substituted for ‘‘the civil service rules’’. The words ‘‘section 209 of title 18’’ are substituted for ‘‘section 1914 of title 18’’ on authority of the Act of Oct. 24, 1962, Pub. L. 87–849, § 2, 76 Stat. 1126. 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 2000—Subsec. (a)(1)(C). Pub. L. 106–518 and Pub. L. 106–553 amended par. (1) identically, adding subpar. (C). 1986—Subsec. (a)(3). Pub. L. 99–514 substituted ‘‘Inter- nal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. 1982—Subsec. (b)(1)(C). Pub. L. 97–258 substituted ‘‘section 1342 of title 31’’ for ‘‘section 3679(b) of the Re- vised Statutes (31 U.S.C. 665(b))’’. 1980—Pub. L. 96–523 amended section generally and, among other changes, in section catchline substituted ‘‘personal assistants for handicapped employees, in- cluding blind and’’ for ‘‘reading assistants for blind em- ployees and interpreting assistants for’’, in subsec. (a) substituted applicability to handicapped employees for applicability to blind and deaf employees omitted ap- plicability to the government of the District of Colum- bia, in subsec. (b) substituted applicability to personal assistants for applicability to reading and interpreting assistants for blind and deaf employees, respectively, redesignated former subsec. (d) as (c) and made changes in phraseology, added subsec. (d), and redesignated former subsec. (c) as (e) and made changes in phrase- ology. 1979—Subsec. (a)(2). Pub. L. 96–54 substituted ‘‘Mayor’’ for ‘‘Commissioner’’. Page 335 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3104 1978—Pub. L. 95–454, § 302(b)(2), substituted ‘‘reading assistants for blind employees and interpreting assist- ants for deaf employees’’ for ‘‘readers for blind employ- ees’’ in section catchline. Subsec. (a)(4), (5). Pub. L. 95–454, § 302(a)(1), added par. (4) and redesignated former par. (4) as (5). Subsec. (b). Pub. L. 95–454, § 302(a)(2), inserted provi- sions respecting applicability to employment and com- pensation for interpreting assistant or assistants for deaf employees. Subsec. (c). Pub. L. 95–454, § 302(a)(3), inserted ‘‘or deaf’’ after ‘‘blind’’. Subsec. (d). Pub. L. 95–454, § 302(a)(4), added subsec. (d). 1968—Subsec. (a)(2). Pub. L. 90–623 substituted ‘‘Com- missioner’’ for ‘‘Board of Commissioners’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–523, § 3, Dec. 12, 1980, 94 Stat. 3040, provided that: ‘‘The amendments made by this Act [amending this section, section 7 of the Federal Advisory Com- mittee Act, formerly set out in the Appendix to this title, section 604 of Title 28, Judiciary and Judicial Pro- cedure, and section 410 of Title 39, Postal Service] shall take effect sixty days after the date of the enactment of this Act [Dec. 12, 1980].’’ EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. 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. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. § 3103. Employment at seat of Government only for services rendered An individual may be employed in the civil service in an Executive department at the seat of Government only for services actually ren- dered in connection with and for the purposes of the appropriation from which he is paid. An in- dividual who violates this section shall be re- moved from the service. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 415.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 46. Aug. 5, 1882, ch. 389, § 4 (less 255th through 316th words), 22 Stat. 255. Sept. 23, 1950, ch. 1010, § 7, 64 Stat. 986. .................. 5 U.S.C. 47 (so much as relates to re- moval). Aug. 23, 1912, ch. 350, § 5 (so much as relates to re- moval), 37 Stat. 414. The words ‘‘civil officer, draughtsman, copyist, mes- senger, assistant messenger, mechanic, watchman, la- borer, or other employee’’ are omitted as obsolete lan- guage and ‘‘individual’’ is substituted therefor. The words ‘‘in the civil service’’ are added to preserve the application of former section 46 to civilian employees. The words ‘‘or subordinate bureaus or offices thereof’’ are omitted as surplusage. The words ‘‘and at the rate of pay usual and proper for the services’’ are omitted as surplusage since all pay rates are governed by statute. All after the 75th words of section 4 of the Act of Aug. 5, 1882, as amended by section 7(b) of the Act of Sept. 23, 1950, except the 255th through 316th words, are omit- ted as executed. The 255th through 296th words are scheduled for repeal as superseded (see Table II–b), and the 297th through 316th words are codified in section 5501. The Act of Aug. 15, 1876, ch. 287, § 5, 19 Stat. 169, cited as authority for former section 46 was repealed by section 7(a) of the Act of Sept. 23, 1950. In the last sentence, the word ‘‘removed’’ is sub- stituted for ‘‘summarily removed’’ because of the pro- visions of the Lloyd-LaFollette Act, 37 Stat. 555, as amended, and the Veterans’ Preference Act of 1944, 58 Stat. 387, as amended, which are carried into this title. 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. § 3104. Employment of specially qualified sci- entific and professional personnel (a) The Director of the Office of Personnel Management may establish, and from time to time revise, the maximum number of scientific or professional positions for carrying out re- search and development functions which require the services of specially qualified personnel which may be established outside of the General Schedule. Any such position may be established by action of the Director or, under such stand- ards and procedures as the Office prescribes and publishes in such form as the Director may de- termine (including procedures under which the prior approval of the Director may be required), by agency action. (b) The provisions of subsection (a) of this sec- tion shall not apply to any Senior Executive Service position (as defined in section 3132(a) of this title). (c) In addition to the number of positions au- thorized by subsection (a) of this section, the Li- brarian of Congress may establish, without re- gard to the second sentence of subsection (a) of this section, not more than 8 scientific or pro- fessional positions to carry out the research and development functions of the Library of Con- gress which require the services of specially qualified personnel. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 415; Pub. L. 90–83, § 1(7), Sept. 11, 1967, 81 Stat. 196; Pub. L. 91–375, § 6(c)(5), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95–454, title IV, § 414(a)(2)(B), (C), title VIII, § 801(a)(3)(C), Oct. 13, 1978, 92 Stat. 1178, 1221; Pub. L. 99–386, title I, § 101(b), Aug. 22, 1986, 100 Stat. 821; Pub. L. 102–378, § 2(7), Oct. 2, 1992, 106 Stat. 1346; Pub. L. 110–372, § 2(c)(1), Oct. 8, 2008, 122 Stat. 4044.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 1161 (less 2d sentence of (g)). Oct. 4, 1961, Pub. L. 87–367, § 202 ‘‘Sec. 1’’, 75 Stat. 789. Oct. 11, 1962, Pub. L. 87–793, § 1001(a)(2) ‘‘(g) (less 2d sentence)’’, 76 Stat. 863. (b) ............. 5 U.S.C. 1162(c). Oct. 4, 1961, Pub. L. 87–367, § 202 ‘‘Sec. 2(c)’’, 75 Stat. 790. (c) ............. 5 U.S.C. 1163. Oct. 4, 1961, Pub. L. 87–367, § 202 ‘‘Sec. 3’’, 75 Stat. 790.