Title 5 of the United States Code

Last updated

Title 5 of the United States Code is a positive law title of the United States Code with the heading "Government Organization And Employees." [1]

Contents

Provisions

Title 5 contains organizational and administrative provisions directing the federal government, including the Freedom of Information Act, Privacy Act of 1974, the Congressional Review Act as well as authorization for government reorganizations such as Reorganization Plan No. 3. The title also contains various federal employee and civil service laws of the United States, including authorization for the Office of Personnel Management and the General Salary Schedule and Executive Schedule classification systems. It also is the Title that specifies Federal holidays (5 U.S.C.   § 6103). In addition, there is an appendix to Title 5 but it is not itself considered positive law. It contains reorganization plans. [2]

History

On September 6, 1966, Title 5 was enacted as positive law by Pub. L. 89–554 (80  Stat.   378). Prior to the 1966 positive law recodification, Title 5 had the heading, "Executive Departments and Government Officers and Employees." [3]

In 2022, Congress moved the Federal Advisory Committee Act, Inspector General Act of 1978, and the Ethics in Government Act from the Title 5 Appendix to Title 5 itself. [4]

Part I — The Agencies Generally

Part I

Part II — Civil Service Functions and Responsibilities

Part II

Part III — Employees

Part III

Part IV — Ethics Requirements

Part IV

Related Research Articles

<span class="mw-page-title-main">United States Code</span> Official compilation of U.S. federal statutes

In the law of the United States, the Code of Laws of the United States of America is the official compilation and codification of the general and permanent federal statutes. It contains 53 titles. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually. The official version of these laws appears in the United States Statutes at Large, a chronological, uncodified compilation.

<span class="mw-page-title-main">Hatch Act</span> United States law

The Hatch Act of 1939, An Act to Prevent Pernicious Political Activities, is a United States federal law. Its main provision prohibits civil-service employees in the executive branch of the federal government, except the president and vice president, from engaging in some forms of political activity. It became law on August 2, 1939. The law was named for Senator Carl Hatch of New Mexico. It was most recently amended in 2012.

<span class="mw-page-title-main">United States Office of Personnel Management</span> United States federal government agency

The United States Office of Personnel Management (OPM) is an independent agency of the United States government that manages the US civilian service. The agency provides federal human resources policy, oversight, and support, and tends to healthcare (FEHB), life insurance (FEGLI), and retirement benefits for federal government employees, retirees, and their dependents.

The excepted service is the part of the United States federal civil service that is not part of either the competitive service or the Senior Executive Service. It provides streamlined hiring processes to be used under certain circumstances.

<span class="mw-page-title-main">Homeland Security Act of 2002</span> Post-9/11 United States law establishing the Department of Homeland Security

The Homeland Security Act (HSA) of 2002, was introduced in the aftermath of the September 11 attacks and subsequent mailings of anthrax spores. The HSA was cosponsored by 118 members of Congress. The act passed the U.S. Senate by a vote of 90–9, with one Senator not voting. It was signed into law by President George W. Bush in November 2002.

The Internal Revenue Code (IRC), formally the Internal Revenue Code of 1986, is the domestic portion of federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 of the United States Code (USC). It is organized topically, into subtitles and sections, covering income tax in the United States, payroll taxes, estate taxes, gift taxes, and excise taxes; as well as procedure and administration. The Code's implementing federal agency is the Internal Revenue Service.

<span class="mw-page-title-main">United States Office of Special Counsel</span> Investigative and prosecutorial agency

The United States Office of Special Counsel (OSC) is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority comes from four federal statutes: the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment and Reemployment Rights Act (USERRA). OSC's primary mission is the safeguarding of the merit system in federal employment by protecting employees and applicants from prohibited personnel practices (PPPs), especially reprisal for "whistleblowing." The agency also operates a secure channel for federal whistleblower disclosures of violations of law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; and substantial and specific danger to public health and safety. In addition, OSC issues advice on the Hatch Act and enforces its restrictions on partisan political activity by government employees. Finally, OSC protects the civilian employment and reemployment rights of military service members under USERRA. OSC has around 140 staff, and the Special Counsel is an ex officio member of Council of Inspectors General on Integrity and Efficiency (CIGIE), an association of inspectors general charged with the regulation of good governance within the federal government.

<span class="mw-page-title-main">United States Coast Guard Legal Division</span>

The Coast Guard Judge Advocate General oversees the delivery of legal services to the United States Coast Guard, through the Office of the Judge Advocate General in Washington, the Legal Service Command, offices in the Atlantic and Pacific Areas, nine Coast Guard Districts, the Coast Guard Academy, three training centers, and a number of other activities and commands. Legal services are delivered by Coast Guard judge advocates and civilian counsel in ten legal practice areas: criminal law/military justice, operations, international activities, civil advocacy, environmental law, procurement law, internal organizational law, regulations and administrative law, legislative support and legal assistance.

<span class="mw-page-title-main">United States Merit Systems Protection Board</span>

The Merit Systems Protection Board (MSPB) is an independent quasi-judicial agency established in 1979 to protect federal merit systems against partisan political and other prohibited personnel practices and to ensure adequate protection for federal employees against abuses by agency management.

The United States federal civil service is the civilian workforce of the United States federal government's departments and agencies. The federal civil service was established in 1871. U.S. state and local government entities often have comparable civil service systems that are modeled on the national system, in varying degrees.

<span class="mw-page-title-main">Whistleblower Protection Act</span> US law regarding protection of federal whistleblowers

The Whistleblower Protection Act of 1989, 5 U.S.C. 2302(b)(8)-(9), Pub.L. 101-12 as amended, is a United States federal law that protects federal whistleblowers who work for the government and report the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to public health and safety. A federal agency violates the Whistleblower Protection Act if agency authorities take retaliatory personnel action against any employee or applicant because of disclosure of information by that employee or applicant.

<span class="mw-page-title-main">Executive Order 13087</span>

Executive Order 13087 was signed by U.S. President Bill Clinton on May 28, 1998, amending Executive Order 11478 to prohibit discrimination based on sexual orientation in the competitive service of the federal civilian workforce. The order also applies to employees of the government of the District of Columbia, and the United States Postal Service. However, it does not apply to positions and agencies in the excepted service, such as the Central Intelligence Agency, National Security Agency, and the Federal Bureau of Investigation.

Title 10 of the United States Code outlines the role of armed forces in the United States Code. It provides the legal basis for the roles, missions and organization of each of the services as well as the United States Department of Defense. Each of the five subtitles deals with a separate aspect or component of the armed services.

The Federal Security Agency (FSA) was an independent agency of the United States government established in 1939 pursuant to the Reorganization Act of 1939. For a time, the agency oversaw food and drug safety, education funding, administration of public health programs, and the Social Security old-age pension plan.

Right to know is a human right enshrined in law in several countries. UNESCO defines it as the right for people to "participate in an informed way in decisions that affect them, while also holding governments and others accountable". It pursues universal access to information as essential foundation of inclusive knowledge societies. It is often defined in the context of the right for people to know about their potential exposure to environmental conditions or substances that may cause illness or injury, but it can also refer more generally to freedom of information or informed consent.

Executive Schedule is the system of salaries given to the highest-ranked appointed officials in the executive branch of the U.S. government. The president of the United States appoints individuals to these positions, most with the advice and consent of the United States Senate. They include members of the president's Cabinet, several top-ranking officials of each executive department, the directors of some of the more prominent departmental and independent agencies, and several members of the Executive Office of the President.

<span class="mw-page-title-main">Employment Development Department</span> Department of government in California

In California, the Employment Development Department (EDD) is a department of the state government that administers Unemployment Insurance (UI), Disability Insurance (DI), and Paid Family Leave (PFL) programs. The department also provides employment service programs and collects the state's labor market information and employment data. EDD is one of California's three major taxation agencies, alongside California Department of Tax and Fee Administration and the Franchise Tax Board. In addition to collecting unemployment insurance taxes, the department administers the reporting, collection, and enforcement of the state's personal income taxes.

Human resource management in public administration concerns human resource management as it applies specifically to the field of public administration. It is considered to be an in-house structure that ensures unbiased treatment, ethical standards, and promotes a value-based system.

<span class="mw-page-title-main">Whistleblower protection in the United States</span>

A whistleblower is a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public. The Whistleblower Protection Act was made into federal law in the United States in 1989.

References

  1. "United States Code". Office of the Law Revision Counsel . Retrieved November 21, 2015.
  2. "United States Code". Office of the Law Revision Counsel . Retrieved March 20, 2023.
  3. United States Code (1964). Washington, DC: U.S. House Committee on the Judiciary. 1965. p. 111.
  4. Pub. L.   117–286 (text) (PDF), 136  Stat.   4196; Act of 2022-12-27.