
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
