5 U.S.C. § 7363 — Reports to Congress

Page 903 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7363 1 See References in Text note below. 1 So in original. Probably should be followed by ‘‘of’’. 290ee–3 of Title 42, The Public Health and Welfare, was renumbered section 548 of that Act by Pub. L. 100–77, title VI, § 611(2), July 22, 1987, 101 Stat. 516 and then omitted in the general revision of Part D of Subchapter III–A of Chapter 6A of Title 42 by Pub. L. 102–321, title I, § 131, July 10, 1992, 106 Stat. 366. Provisions relating to the confidentiality of patient records are now classified to section 290dd–2 of Title 42. Statutory Notes and Related Subsidiaries EDUCATIONAL PROGRAM FOR FEDERAL EMPLOYEES RELATING TO DRUG AND ALCOHOL ABUSE Pub. L. 99–570, title VI, § 6003, Oct. 27, 1986, 100 Stat. 3207–159, provided that: ‘‘(a) ESTABLISHMENT.—The Director of the Office of Personnel Management shall, in consultation with the Secretary of Health and Human Services, establish a Government-wide education program, using seminars and such other methods as the Director considers ap- propriate, to carry out the purposes prescribed in sub- section (b). ‘‘(b) PURPOSES.—The program established under this section shall be designed to provide information to Federal Government employees with respect to— ‘‘(1) the short-term and long-term health hazards associated with alcohol abuse and drug abuse; ‘‘(2) the symptoms of alcohol abuse and drug abuse; ‘‘(3) the availability of any prevention, treatment, or rehabilitation programs or services relating to al- cohol abuse or drug abuse, whether provided by the Federal Government or otherwise; ‘‘(4) confidentiality protections afforded in connec- tion with any prevention, treatment, or rehabilita- tion programs or services; ‘‘(5) any penalties provided under law or regulation, and any administrative action (permissive or manda- tory), relating to the use of alcohol or drugs by a Federal Government employee or the failure to seek or receive appropriate treatment or rehabilitation services; and ‘‘(6) any other matter which the Director considers appropriate.’’ § 7362. Alcohol abuse and alcoholism (a) The Office of Personnel Management shall be responsible for developing, in cooperation with the Secretary of Health and Human Serv- ices and with other agencies, and in accordance with applicable provisions of this subpart, ap- propriate prevention, treatment, and rehabilita- tion programs and services for alcohol abuse and alcoholism among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of al- coholic employees and to employees who have family members who are alcoholics. Such pro- grams and services shall make optimal use of existing governmental facilities, services, and skills. (b) Section 523 1 of the Public Health Service Act (42 U.S.C. 290dd–3), relating to confiden- tiality of records, and any regulations pre- scribed thereunder, shall apply with respect to records maintained for the purpose of carrying out this section. (c) Each agency shall, with respect to any pro- grams or services provided by such agency, sub- mit such written reports as the Office may re- quire in connection with any report required under section 7363 of this title. (d) For the purpose of this section, the term ‘‘agency’’ means an Executive agency. (Added Pub. L. 99–570, title VI, § 6002(a)(1), Oct. 27, 1986, 100 Stat. 3207–157.) Editorial Notes REFERENCES IN TEXT Section 523 of the Public Health Service Act, referred to in subsec. (b) and formerly classified to section 290dd–3 of Title 42, The Public Health and Welfare, was renumbered section 544 of that Act by Pub. L. 100–77, title VI, § 611(2), July 22, 1987, 101 Stat. 516 and then omitted in the general revision of Part D of Subchapter III–A of Chapter 6A of Title 42 by Pub. L. 102–321, title I, § 131, July 10, 1992, 106 Stat. 366. Provisions relating to the confidentiality of patient records are now classified to section 290dd–2 of Title 42. § 7363. Reports to Congress (a) The Office of Personnel Management shall, within 6 months after the date of the enactment of the Federal Employee Substance Abuse Edu- cation and Treatment Act of 1986 and annually thereafter, submit to each House of Congress a report containing the matters described in sub- section (b). (b) Each report under this section shall in- clude— (1) a description of any programs or services provided under section 7361 or 7362 of this title, including the costs associated with each such program or service and the source and ade- quacy of any funding 1 such program or serv- ice; (2) a description of the levels of participa- tion in each program and service provided under section 7361 or 7362 of this title, and the effectiveness of such programs and services; (3) a description of the training and quali- fications required of the personnel providing any program or service under section 7361 or 7362 of this title; (4) a description of the training given to su- pervisory personnel in connection with recog- nizing the symptoms of drug or alcohol abuse and the procedures (including those relating to confidentiality) under which individuals are referred for treatment, rehabilitation, or other assistance; (5) any recommendations for legislation con- sidered appropriate by the Office and any pro- posed administrative actions; and (6) information describing any other related activities under section 7904 of this title, and any other matter which the Office considers appropriate. (Added Pub. L. 99–570, title VI, § 6002(a)(1), Oct. 27, 1986, 100 Stat. 3207–158.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Federal Employee Substance Abuse Education and Treatment Act of 1986, referred to in subsec. (a), is the date of enactment of title VI of Pub. L. 99–570 which was approved Oct. 27, 1986. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. Page 904 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7371 1 So in original. Does not conform to subchapter heading. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 187 of House Document No. 103–7. SUBCHAPTER VII—MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW ENFORCEMENT OFFICERS § 7371. Mandatory removal from employment of law enforcement officers convicted of felo- nies (a) In this section, the term— (1) ‘‘conviction notice date’’ means the date on which an agency that employs a law en- forcement officer has notice that the officer has been convicted of a felony that is entered by a Federal or State court, regardless of whether that conviction is appealed or is sub- ject to appeal; and (2) ‘‘law enforcement officer’’ has the mean- ing given that term under section 8331(20) or 8401(17). (b) Any law enforcement officer who is con- victed of a felony shall be removed from employ- ment as a law enforcement officer on the last day of the first applicable pay period following the conviction notice date. (c)(1) This section does not prohibit the re- moval of an individual from employment as a law enforcement officer before a conviction no- tice date if the removal is properly effected other than under this section. (2) This section does not prohibit the employ- ment of any individual in any position other than that of a law enforcement officer. (d) If the conviction is overturned on appeal, the removal shall be set aside retroactively to the date on which the removal occurred, with back pay under section 5596 for the period during which the removal was in effect, unless the re- moval was properly effected other than under this section. (e)(1) If removal is required under this section, the agency shall deliver written notice to the employee as soon as practicable, and not later than 5 calendar days after the conviction notice date. The notice shall include a description of the specific reasons for the removal, the date of removal, and the procedures made applicable under paragraph (2). (2) The procedures under section 7513(b)(2), (3), and (4), (c), (d), and (e) shall apply to any re- moval under this section. The employee may use the procedures to contest or appeal a removal, but only with respect to whether— (A) the employee is a law enforcement offi- cer; (B) the employee was convicted of a felony; or (C) the conviction was overturned on appeal. (3) A removal required under this section shall occur on the date specified in subsection (b) re- gardless of whether the notice required under paragraph (1) of this subsection and the proce- dures made applicable under paragraph (2) of this subsection have been provided or completed by that date. (Added Pub. L. 106–554, § 1(a)(3) [title VI, § 639(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–168.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–554, § 1(a)(3) [title VI, § 639(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–168, provided that: ‘‘The amendments made by this section [enacting this sub- chapter] shall take effect 30 days after the date of en- actment of this Act [Dec. 21, 2000] and shall apply to any conviction of a felony entered by a Federal or State court on or after that date.’’ CHAPTER 75—ADVERSE ACTIONS SUBCHAPTER I—SUSPENSION OF 1 14 DAYS OR LESS Sec. 7501. Definitions. 7502. Actions covered. 7503. Cause and procedure. 7504. Regulations. SUBCHAPTER II—REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS 7511. Definitions; application. 7512. Actions covered. 7513. Cause and procedure. 7514. Regulations. 7515. Discipline of supervisors based on retaliation against whistleblowers. SUBCHAPTER III—ADMINISTRATIVE LAW JUDGES 7521. Actions against administrative law judges. SUBCHAPTER IV—NATIONAL SECURITY 7531. Definitions. 7532. Suspension and removal. 7533. Effect on other statutes. SUBCHAPTER V—SENIOR EXECUTIVE SERVICE 7541. Definitions. 7542. Actions covered. 7543. Cause and procedure. Editorial Notes AMENDMENTS 2017—Pub. L. 115–91, div. A, title X, § 1097(e)(2), Dec. 12, 2017, 131 Stat. 1622, added item 7515 and struck out former item 7515 ‘‘Discipline of supervisors based on re- taliation against whistleblowers’’. Item was added to and stricken from analysis for this chapter, notwith- standing directory language adding item to, and strik- ing item from, analysis for subchapter II of this chap- ter. Pub. L. 115–73, title I, § 104(b), Oct. 26, 2017, 131 Stat. 1238, added item 7515. Item was added to analysis for this chapter, notwithstanding directory language add- ing item to analysis for subchapter II of this chapter. 1978—Pub. L. 95–454, title II, § 204(b), title IV, § 411(1), Oct. 13, 1978, 92 Stat. 1137, 1173, substituted ‘‘SUSPEN- SION OF 14 DAYS OR LESS’’ for ‘‘COMPETITIVE SERVICE’’ in subchapter I heading, substituted ‘‘Defi- nitions’’ for ‘‘Cause; procedure; exception’’ in item 7501, added items 7502 to 7504, substituted ‘‘REMOVAL, SUS- PENSION FOR MORE THAN 14 DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS’’ for ‘‘PREFERENCE ELIGIBLES’’ in subchapter II heading, inserted ‘‘; application’’ in item 7511, sub- stituted ‘‘Actions covered’’ for ‘‘Cause; procedure; ex- ception’’ in item 7512, added items 7513 and 7514, sub- stituted ‘‘ADMINISTRATIVE LAW JUDGES’’ for ‘‘HEARING EXAMINERS’’ in subchapter III heading, substituted ‘‘Actions against administrative law judges’’ for ‘‘Removal’’ in item 7521, and added sub- chapter V heading and items 7541 to 7543.