5 USC Sections 1302 and 1304

5 U.S. Code § 1302 - Regulations | US Law | LII / Legal Information Institute

Page 1 of 1

5 U.S. Code § 1302 Regulations
Current through Pub. L. 114-38 (http://www.gpo.gov/fdsys/pkg/PLAW114publ38/html/PLAW-114publ38.htm). (See Public Laws for the current
Congress (http://thomas.loc.gov/home/LegislativeData.php?n=PublicLaws).)
US Code (/uscode/text/5/1302?qt-us_code_temp_noupdates=0#qt-us_code_temp_noupdates)
Notes (/uscode/text/5/1302?qt-us_code_temp_noupdates=1#qt-us_code_temp_noupdates)
Authorities (CFR) (/uscode/text/5/1302?qt-us_code_temp_noupdates=3#qt-us_code_temp_noupdates)

prev (/uscode/text/5/1301) | next (/uscode/text/5/1303)

(a) The Office of Personnel Management, subject to the rules
prescribed by the President under this title for the administration
of the competitive service, shall prescribe regulations for, control,
supervise, and preserve the records of, examinations for the
competitive service.
(b) The Office shall prescribe and enforce regulations for the
administration of the provisions of this title, and Executive orders
issued in furtherance thereof, that implement the Congressional
policy that preference shall be given to preference eligibles in
certification for appointment, and in appointment, reinstatement,
reemployment, and retention, in the competitive service in
Executive agencies, permanent or temporary, and in the
government of the District of Columbia.
(c) The Office shall prescribe regulations for the administration of
the provisions of this title that implement the Congressional policy
that preference shall be given to preference eligibles in
certification for appointment, and in appointment, reinstatement,
reemployment, and retention, in the excepted service in Executive
agencies, permanent or temporary, and in the government of the
District of Columbia.
(d) The Office may prescribe reasonable procedure and
regulations for the administration of its functions under chapter 15
of this title. (/uscode/text/5/lii:usc:t:5:ch:15)
(Pub. L. 89–554 (http://www.gpo.gov/fdsys/browse/collection.action?
collectionCode=PLAW), Sept. 6, 1966, 80 Stat. 401
(http://uscode.house.gov/statviewer.htm?volume=80&page=401); Pub.
L. 95–454, title IX, § 906(a)(2) (http://thomas.loc.gov/cgibin/bdquery/L?d095:./list/bd/d095pl.lst:454(Public_Laws)), (3), Oct. 13,
1978, 92 Stat. 1224 (http://uscode.house.gov/statviewer.htm?
volume=92&page=1224).)

https://www.law.cornell.edu/uscode/text/5/1302

6/28/2016

5 U.S. Code § 1304 - Loyalty investigations; reports; revolving fund | US Law | LII / Leg...

Page 1 of 4

5 U.S. Code § 1304 - Loyalty
investigations; reports;
revolving fund
Current through Pub. L. 114-38 (http://www.gpo.gov/fdsys/pkg/PLAW114publ38/html/PLAW-114publ38.htm). (See Public Laws for the current
Congress (http://thomas.loc.gov/home/LegislativeData.php?
n=PublicLaws).)
US Code (/uscode/text/5/1304?qt-us_code_temp_noupdates=0#qt-us_code_temp_noupdates)
Notes (/uscode/text/5/1304?qt-us_code_temp_noupdates=1#qt-us_code_temp_noupdates)

prev (/uscode/text/5/1303) | next (/uscode/text/5/1305)

(a) The Office of Personnel Management shall conduct the
investigations and issue the reports required by the following
statutes—
(1) sections 272b (/uscode/text/22/272b), 281b(e)
(/uscode/text/22/lii:usc:t:22:s:281b:e), and 290a
(/uscode/text/22/290a) of title 22 (/uscode/text/22);
(2) section 1874(c) of title 42
(/uscode/text/42/lii:usc:t:42:s:1874:c); and
(3) section 1203(e) of title 6
(/uscode/text/6/lii:usc:t:6:s:1203:e), District of Columbia
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 national interest, he
may have the investigations of a group or class, which are
required by subsection (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)

https://www.law.cornell.edu/uscode/text/5/1304

6/28/2016

5 U.S. Code § 1304 - Loyalty investigations; reports; revolving fund | US Law | LII / Leg...

Page 2 of 4

(1) A revolving fund is available, to the Office without
fiscal year limitation, for financing investigations, training,
and such other functions as the Office is authorized or
required to perform on a reimbursable basis, including
personnel management services performed at the
request of individual agencies (which would otherwise be
the responsibility of such agencies), or at the request of
nonappropriated fund instrumentalities, and for the cost of
audits, investigations, and oversight activities, conducted
by the Inspector General of the Office, of the fund and the
activities financed by the fund. However, 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 fiscal
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 aggregate 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 unexpended balances of
appropriations or funds relating to activities the
financing of which is transferred to the fund) less the
amount of related liabilities, the amount of unpaid
obligations, and the value of accrued annual leave of
employees, which are attributable to the activities 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 Office as adequate to recover
expenses of operation (including provision for
accrued annual leave of employees and depreciation
of equipment); and
(B) receipts from sales or exchanges of property, 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

https://www.law.cornell.edu/uscode/text/5/1304

6/28/2016

5 U.S. Code § 1304 - Loyalty investigations; reports; revolving fund | US Law | LII / Leg...

Page 3 of 4

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 activities 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 requested 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 appropriate to the Committee on Governmental
Affairs of the Senate and the Committee on Post Office
and Civil Service of the House of Representatives.

(f) An agency may use available appropriations to reimburse
the Office or the Federal Bureau of Investigation for the cost of
investigations, training, and functions performed for them
under this section, or to make advances toward their cost.
These advances and reimbursements shall be credited directly
to the applicable appropriations of the Office or the Federal
Bureau of Investigation.
(g) This section does not affect the responsibility of the
Federal Bureau of Investigation to investigate espionage,
sabotage, or subversive acts.
(Pub. L. 89–554
(http://www.gpo.gov/fdsys/browse/collection.action?
collectionCode=PLAW), Sept. 6, 1966, 80 Stat. 401
(http://uscode.house.gov/statviewer.htm?volume=80&page=401);
Pub. L. 91–189, § 1
(http://www.gpo.gov/fdsys/browse/collection.action?
collectionCode=PLAW), Dec. 30, 1969, 83 Stat. 851
(http://uscode.house.gov/statviewer.htm?volume=83&page=851);

https://www.law.cornell.edu/uscode/text/5/1304

6/28/2016

5 U.S. Code § 1304 - Loyalty investigations; reports; revolving fund | US Law | LII / Leg...

Page 4 of 4

Pub. L. 91–648, title V, § 510
(http://www.gpo.gov/fdsys/browse/collection.action?
collectionCode=PLAW), Jan. 5, 1971, 84 Stat. 1928
(http://uscode.house.gov/statviewer.htm?volume=84&page=1928);
Pub. L. 95–454, title IX, § 906(a)(2) (http://thomas.loc.gov/cgibin/bdquery/L?d095:./list/bd/d095pl.lst:454(Public_Laws)), (3), Oct.
13, 1978, 92 Stat. 1224 (http://uscode.house.gov/statviewer.htm?
volume=92&page=1224); Pub. L. 96–60, title II, § 203(a)(2)
(http://thomas.loc.gov/cgi-bin/bdquery/L?d096:./list/bd/d096pl.lst:60
(Public_Laws)), Aug. 15, 1979, 93 Stat. 398
(http://uscode.house.gov/statviewer.htm?volume=93&page=398);
Pub. L. 97–412, § 1(a) (http://thomas.loc.gov/cgi-bin/bdquery/L?
d097:./list/bd/d097pl.lst:412(Public_Laws)), Jan. 3, 1983, 96 Stat.
2047 (http://uscode.house.gov/statviewer.htm?
volume=96&page=2047); Pub. L. 98–224, § 5(b)(1)
(http://thomas.loc.gov/cgi-bin/bdquery/L?
d098:./list/bd/d098pl.lst:224(Public_Laws)), Mar. 2, 1984, 98 Stat.
48 (http://uscode.house.gov/statviewer.htm?volume=98&page=48);
Pub. L. 103–437, § 3(a) (http://thomas.loc.gov/cgi-bin/bdquery/L?
d103:./list/bd/d103pl.lst:437(Public_Laws)), Nov. 2, 1994, 108 Stat.
4581 (http://uscode.house.gov/statviewer.htm?
volume=108&page=4581); Pub. L. 104–66, title II, § 2182
(http://www.gpo.gov/fdsys/pkg/PLAW-104publ66/html/PLAW104publ66.htm), Dec. 21, 1995, 109 Stat. 732
(http://uscode.house.gov/statviewer.htm?volume=109&page=732);
Pub. L. 104–208, div. A, title I, § 101(f)
(http://www.gpo.gov/fdsys/pkg/PLAW-104publ208/html/PLAW104publ208.htm) [title IV, § 421], Sept. 30, 1996, 110 Stat. 3009
–314 (http://uscode.house.gov/statviewer.htm?
volume=110&page=3009-314), 3009–343; Pub. L. 113–80, § 2
(http://www.gpo.gov/fdsys/pkg/PLAW-113publ80/html/PLAW113publ80.htm), Feb. 12, 2014, 128 Stat. 1006
(http://uscode.house.gov/statviewer.htm?
volume=128&page=1006).)

https://www.law.cornell.edu/uscode/text/5/1304

6/28/2016