§ 1304. — Loyalty investigations; reports; revolving fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC1304]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
CHAPTER 13--SPECIAL AUTHORITY
Sec. 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 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)(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. 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 needed for activities
financed by the fund shall be deposited in the Treasury of the United
States as miscellaneous receipts.
(5) 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.
(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, Sept. 6, 1966, 80 Stat. 401; Pub. L. 91-189, Sec. 1,
Dec. 30, 1969, 83 Stat. 851; Pub. L. 91-648, title V, Sec. 510, Jan. 5,
1971, 84 Stat. 1928; Pub. L. 95-454, title IX, Sec. 906(a)(2), (3), Oct.
13, 1978, 92 Stat. 1224; Pub. L. 96-60, title II, Sec. 203(a)(2), Aug.
15, 1979, 93 Stat. 398; Pub. L. 97-412, Sec. 1(a), Jan. 3, 1983, 96
Stat. 2047; Pub. L. 98-224, Sec. 5(b)(1), Mar. 2, 1984, 98 Stat. 48;
Pub. L. 103-437, Sec. 3(a), Nov. 2, 1994, 108 Stat. 4581; Pub. L. 104-
66, title II, Sec. 2182, Dec. 21, 1995, 109 Stat. 732; Pub. L. 104-208,
div. A, title I, Sec. 101(f) [title IV, Sec. 421], Sept. 30, 1996, 110
Stat. 3009-314, 3009-343.)
Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
(b)-(d)............ 5 U.S.C. 655. Apr. 5, 1952, ch.
159, Sec. 1
(provisos), 66 Stat.
44.
July 31, 1953, ch.
283, Sec. 9, 67
Stat. 241.
(e)................ 5 U.S.C. 657. June 5, 1952, ch.
369, Sec. 701 (par.
under ``Civil
Service
Commission''), 66
Stat. 107.
(f)................ [Uncodified]. Apr. 5, 1952, ch.
159, Sec. 4, 66
Stat. 44.
(g)................ 5 U.S.C. 656. Apr. 5, 1952, ch.
159, Sec. 3, 66
Stat. 44.
------------------------------------------------------------------------
Subsection (a) is based on section 1 of the Act of April 5, 1952, as
amended, and is added for clarity. In subsection (a), the reference to
section 10(b)(5)(B)(i) and (B)(ii) of the Act of August 1, 1946 (60
Stat. 766) is omitted because of the amendment of the Act of April 5,
1952, by the Act of July 31, 1953, ch. 283, 67 Stat. 240, and the
reenactment of the provisions of the Act of April 5, 1952, insofar as
they relate to the Atomic Energy Commission as section 145 of the Atomic
Energy Act of 1954 (68 Stat. 942; 42 U.S.C. 2165). The references to
section 1(2) of the Act of May 22, 1947 (61 Stat. 125), section 1 of the
joint resolution of May 21, 1947 (61 Stat. 125), and section 110(c) of
the Act of April 3, 1948 (62 Stat. 137) are omitted as these Acts were
repealed by the Act of Aug. 26, 1954, ch. 937 Sec. 542(a) (1), (2), and
(4), 68 Stat. 861. Reference to section 510 of the Mutual Security Act
of 1951 (65 Stat. 381) is omitted because this section was replaced by
section 531 of the Mutual Security Act of 1954 (68 Stat. 859) and the
latter was repealed by the Act of Sept. 4, 1961, Pub. L. 87-195,
Sec. 642(2), 75 Stat. 460.
In subsection (d), the references to section 10(b)(5)(B)(i) and (ii)
of the Atomic Energy Act of 1946, section 510 of the Mutual Security Act
of 1951, a majority of the members of the Atomic Energy Commission, and
the Director of Mutual Security (which was changed to Director of the
International Cooperation Administration on authority of section 8 of
1953 Reorg. Plan No. 7, 67 Stat. 641, and Executive Order 10610 of May
9, 1955) are omitted because of the disposition of the two sections as
explained with reference to subsection (a).
In subsection (e), the words ``There is established'' are omitted as
executed.
In subsection (g), the reference to statutes other than this section
is omitted because nothing in those statutes affect the responsibility
in question.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
References in Text
Section 1874(c) of title 42, referred to in subsec. (a)(2), which
related to clearance of National Science Foundation personnel, was
repealed by Pub. L. 96-516, Sec. 21(b)(1), Dec. 12, 1980, 94 Stat. 3010.
Amendments
1996--Subsec. (e)(1). Pub. L. 104-208 inserted ``, 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'' before
period at end of first sentence.
1995--Subsec. (e)(6). Pub. L. 104-66 struck out before period at end
``at least once every three years''.
1994--Subsec. (e)(6). Pub. L. 103-437 substituted ``Committee on
Governmental Affairs of the Senate and the Committee on Post Office and
Civil Service of the House'' for ``Committees on Post Office and Civil
Service of the Senate and House''.
1984--Subsec. (e)(1). Pub. L. 98-224 struck out cl. (i) designation
and struck out cl. (ii) which provided that participation fees imposed
by the President's Commission on Executive Exchange for private sector
participation in its Executive Exchange Program be collected and
credited to the fund, and be available for the costs of education and
related travel of exchanged executives, for printing without regard to
section 501 of title 44, and, in such amounts as specified in
appropriations Acts, for entertainment expenses. See section 4109(d) of
this title.
1983--Subsec. (e)(1). Pub. L. 97-412 designated existing provisions
as cl. (i) and added cl. (ii).
1979--Subsec. (a)(1). Pub. L. 96-60 struck out reference to section
1434 of title 22.
1978--Subsecs. (a) to (f). Pub. L. 95-454 substituted ``Office of
Personnel Management'' for ``Civil Service Commission'' and ``Office''
for ``Commission'' wherever appearing.
1971--Subsec. (e). Pub. L. 91-648 struck out in par. (1) ``of
$4,000,000'' after ``revolving fund'' and inserted in par. (2)(A) ``,
which appropriations are hereby authorized''.
1969--Subsec. (e). Pub. L. 91-189, Sec. 1(a), increased the scope of
reimbursable services for which the fund may be used, restricted
reimbursement to services which were included in the budget estimates
submitted to Congress for that fiscal year, inserted a list of
components which comprise the fund, specifically listed those items that
would be credited directly to the capital fund, required that a budget
be prepared by the Commission, and directed the Comptroller General as a
result of the activities financed to make recommendations to the
committees on Post Office and Civil Service of the Senate and House of
Representatives at least once every three years.
Subsec. (f). Pub. L. 91-189, Sec. 1(b), authorized an agency to use
available appropriations to reimburse the Commission or the Federal
Bureau of Investigation for the cost of training and functions
performed.
Effective Date of 1983 Amendment
Section 1(b) of Pub. L. 97-412 provided that: ``The authority
granted in subsection (a) [amending this section] shall terminate on
December 31, 1983.''
Effective Date of 1979 Amendment
Amendment by Pub. L. 96-60 effective Oct. 1, 1979, see section 209
of Pub. L. 96-60, set out as a note under section 1471 of Title 22,
Foreign Relations and Intercourse.
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.
Abolition of House Committee on Post Office and Civil Service
Committee on Post Office and Civil Service of House of
Representatives abolished by House Resolution No. 6, One Hundred Fourth
Congress, Jan. 4, 1995. References to Committee on Post Office and Civil
Service treated as referring to Committee on Government Reform and
Oversight, see section 1(b) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress. Committee on Government
Reform and Oversight of House of Representatives changed to Committee on
Government Reform of House of Representatives by House Resolution No. 5,
One Hundred Sixth Congress, Jan. 6, 1999.
Section Referred to in Other Sections
This section is referred to in section 1104 of this title.
