US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 5USC7301]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
             CHAPTER 73--SUITABILITY, SECURITY, AND CONDUCT
 
                   SUBCHAPTER I--REGULATION OF CONDUCT
 
Sec. 7301. Presidential regulations

    The President may prescribe regulations for the conduct of employees 
in the executive branch.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 524.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 631 (last 16         R.S. Sec.  1753 (last
                      words).                       16 words).
------------------------------------------------------------------------

    The words ``employees in the executive branch'' are substituted for 
``persons who may receive appointments in the civil service''.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                      Short Title of 1993 Amendment

    Pub. L. 103-94, Sec. 1, Oct. 6, 1993, 107 Stat. 1001, provided: 
``That this Act [enacting sections 5520a and 7321 to 7326 of this title 
and section 610 of Title 18, Crimes and Criminal Procedure, amending 
sections 1216, 2302, 3302 and 3303 of this title, sections 602 and 603 
of Title 18, section 410 of Title 39, Postal Service, and sections 1973d 
and 9904 of Title 42, The Public Health and Welfare, omitting former 
sections 7321 to 7328 of this title, and enacting provisions set out as 
notes under section 7321 of this title and section 410 of Title 39] may 
be cited as the `Hatch Act Reform Amendments of 1993'.''


                      Short Title of 1986 Amendment

    Pub. L. 99-570, title VI, Sec. 6001, Oct. 27, 1986, 100 Stat. 3207-
157, provided that: ``This title [enacting sections 7361 to 7363 and 
7904 of this title, amending sections 290dd-1 and 290ee-1 of Title 42, 
The Public Health and Welfare, and enacting provisions set out as notes 
under section 7361 of this title and section 801 of Title 21, Food and 
Drugs] may be cited as the `Federal Employee Substance Abuse Education 
and Treatment Act of 1986'.''

                    Emergency Preparedness Functions

    For assignment of certain emergency preparedness functions to the 
Director of the Office of Personnel Management, see Parts 1, 2, and 22 
of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note 
under section 5195 of Title 42, The Public Health and Welfare.


 Continuation of Random Drug Testing Program for Certain Department of 
                            Defense Employees

    Pub. L. 105-261, div. A, title XI, Sec. 1108, Oct. 17, 1998, 112 
Stat. 2142, provided that:
    ``(a) Continuation of Existing Program.--The Secretary of Defense 
shall continue to actively carry out the drug testing program, 
originally required by section 3(a) of Executive Order No. 12564 (51 
Fed. Reg. 32889; September 15, 1986) [set out below], involving civilian 
employees of the Department of Defense who are considered to be 
employees in sensitive positions. The Secretary shall comply with the 
drug testing procedures prescribed pursuant to section 4 of the 
Executive order.
    ``(b) Testing Upon Reasonable Suspicion of Illegal Drug Use.--The 
Secretary of Defense shall ensure that the drug testing program referred 
to in subsection (a) authorizes the testing of a civilian employee of 
the Department of Defense for illegal drug use when there is a 
reasonable suspicion that the employee uses illegal drugs.
    ``(c) Notification to Applicants.--The Secretary of Defense shall 
notify persons who apply for employment with the Department of Defense 
that, as a condition of employment by the Department, the person may be 
required to submit to drug testing under the drug testing program 
required by Executive Order No. 12564 (51 Fed. Reg. 32889; September 15, 
1986) pursuant to the terms of the Executive order.
    ``(d) Definitions.--In this section, the terms `illegal drugs' and 
`employee in a sensitive position' have the meanings given such terms in 
section 7 of Executive Order No. 12564 (51 Fed. Reg. 32889; September 
15, 1986).''


     Annual Certification of Drug-Free Workplace Plan Administrators

    Pub. L. 106-58, title VI, Sec. 624, Sept. 29, 1999, 113 Stat. 471, 
provided that: ``Notwithstanding any provision of law, the President, or 
his designee, must certify to Congress, annually, that no person or 
persons with direct or indirect responsibility for administering the 
Executive Office of the President's Drug-Free Workplace Plan are 
themselves subject to a program of individual random drug testing.''
    Similar provisions were contained in the following prior 
appropriations acts:
    Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 634], Oct. 21, 
1998, 112 Stat. 2681-480, 2681-524.
    Pub. L. 105-61, title VI, Sec. 621, Oct. 10, 1997, 111 Stat. 1313.
    Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec. 623], 
Sept. 30, 1996, 110 Stat. 3009-314, 3009-358.
    Pub. L. 104-52, title VI, Sec. 624, Nov. 19, 1995, 109 Stat. 502.
    Pub. L. 103-329, title VI, Sec. 638, Sept. 30, 1994, 108 Stat. 2432.


Designation of Director of the Bureau of the Budget as Member of Federal 
                         Labor Relations Council

    Presidential Order of December 8, 1969, provided that:
    Pursuant to the provisions of section 4 of Executive Order 11491 
[set out as a note under this section], I hereby designate the Director 
of the Bureau of the Budget [now the Office of Management and Budget] as 
a member of the Federal Labor Relations Council. This order of 
designation shall be published in the Federal Register.
                                                          Richard Nixon.


  Display in Federal Buildings of Code of Ethics for Government Service

    Pub. L. 96-303, July 3, 1980, 94 Stat. 855, which provided that each 
agency, under regulations prescribed by Administrator of General 
Services Administration, display in appropriate areas of Federal 
buildings copies of the Code of Ethics for Government Service, 
authorized publication and distribution of such Code, and set forth text 
of the Code of Ethics for Government Service, was repealed by Pub. L. 
104-179, Sec. 4(a), Aug. 6, 1996, 110 Stat. 1566.


          Agency Acceptance of Donations for Federal Employees

    Pub. L. 102-368, title XI, Sec. 901, Sept. 23, 1992, 106 Stat. 1156, 
effective through Sept. 30, 1993, authorized Federal agencies to accept 
gifts of property, money, or anything else of value from non-Federal 
sources for extraordinary and unanticipated expenses incurred by agency 
employees in their personal capacity within areas designated as disaster 
areas pursuant to President's declaration of a disaster resulting from 
Hurricane Andrew, Typhoon Omar, and Hurricane Iniki, directed agencies 
to establish written procedures to implement this program, and 
authorized agencies to accept gifts designated for individual employees.


  Restriction on Availability of Funds To Administer or Implement Drug 
                                 Testing

    Pub. L. 100-71, title V, Sec. 503, July 11, 1987, 101 Stat. 468, as 
amended by Pub. L. 102-54, Sec. 13(b)(6), June 13, 1991, 105 Stat. 274, 
provided:
    ``(a)(1) Except as provided in subsection (b) or (c), none of the 
funds appropriated or made available by this Act, or any other Act, with 
respect to any fiscal year, shall be available to administer or 
implement any drug testing pursuant to Executive Order Numbered 12564 
(dated September 15, 1986) [set out as a note below], or any subsequent 
order, unless and until--
        ``(A) the Secretary of Health and Human Services certifies in 
    writing to the Committees on Appropriations of the House of 
    Representatives and the Senate, and other appropriate committees of 
    the Congress, that--
            ``(i) each agency has developed a plan for achieving a drug-
        free workplace in accordance with Executive Order Numbered 12564 
        and applicable provisions of law (including applicable 
        provisions of this section);
            ``(ii) the Department of Health and Human Services, in 
        addition to the scientific and technical guidelines dated 
        February 13, 1987, and any subsequent amendments thereto, has, 
        in accordance with paragraph (3), published mandatory guidelines 
        which--
                ``(I) establish comprehensive standards for all aspects 
            of laboratory drug testing and laboratory procedures to be 
            applied in carrying out Executive Order Numbered 12564, 
            including standards which require the use of the best 
            available technology for ensuring the full reliability and 
            accuracy of drug tests and strict procedures governing the 
            chain of custody of specimens collected for drug testing;
                ``(II) specify the drugs for which Federal employees may 
            be tested; and
                ``(III) establish appropriate standards and procedures 
            for periodic review of laboratories and criteria for 
            certification and revocation of certification of 
            laboratories to perform drug testing in carrying out 
            Executive Order Numbered 12564; and
            ``(iii) all agency drug-testing programs and plans 
        established pursuant to Executive Order Numbered 12564 comply 
        with applicable provisions of law, including applicable 
        provisions of the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
        seq.), title 5 of the United States Code, and the mandatory 
        guidelines under clause (ii);
        ``(B) the Secretary of Health and Human Services has submitted 
    to the Congress, in writing, a detailed, agency-by-agency analysis 
    relating to--
            ``(i) the criteria and procedures to be applied in 
        designating employees or positions for drug testing, including 
        the justification for such criteria and procedures;
            ``(ii) the position titles designated for random drug 
        testing; and
            ``(iii) the nature, frequency, and type of drug testing 
        proposed to be instituted; and
        ``(C) the Director of the Office of Management and Budget has 
    submitted in writing to the Committees on Appropriations of the 
    House of Representatives and the Senate a detailed, agency-by-agency 
    analysis (as of the time of certification under subparagraph (A)) of 
    the anticipated annual costs associated with carrying out Executive 
    Order Numbered 12564 and all other requirements under this section 
    during the 5-year period beginning on the date of the enactment of 
    this Act [July 11, 1987].
    ``(2) Notwithstanding subsection (g), for purposes of this 
subsection, the term ``agency'' means--
        ``(A) the Executive Office of the President;
        ``(B) an Executive department under section 101 of title 5, 
    United States Code;
        ``(C) the Environmental Protection Agency;
        ``(D) the General Services Administration;
        ``(E) the National Aeronautics and Space Administration;
        ``(F) the Office of Personnel Management;
        ``(G) the Small Business Administration;
        ``(H) the United States Information Agency; and
        ``(I) the Department of Veterans Affairs;
except that such term does not include the Department of Transportation 
or any other entity (or component thereof) covered by subsection (b).
    ``(3) Notwithstanding any provision of chapter 5 of title 5, United 
States Code, the mandatory guidelines to be published pursuant to 
subsection (a)(1)(A)(ii) shall be published and made effective 
exclusively according to the provisions of this paragraph. Notice of the 
mandatory guidelines proposed by the Secretary of Health and Human 
Services shall be published in the Federal Register, and interested 
persons shall be given not less than 60 days to submit written comments 
on the proposed mandatory guidelines. Following review and consideration 
of written comments, final mandatory guidelines shall be published in 
the Federal Register and shall become effective upon publication.
    ``(b)(1) Nothing in subsection (a) shall limit or otherwise affect 
the availability of funds for drug testing by--
        ``(A) the Department of Transportation;
        ``(B) Department of Energy, for employees specifically involved 
    in the handling of nuclear weapons or nuclear materials;
        ``(C) any agency with an agency-wide drug-testing program in 
    existence as of September 15, 1986; or
        ``(D) any component of an agency if such component had a drug-
    testing program in existence as of September 15, 1986.
    ``(2) The Departments of Transportation and Energy and any agency or 
component thereof with a drug-testing program in existence as of 
September 15, 1986--
        ``(A) shall be brought into full compliance with Executive Order 
    Numbered 12564 [set out as a note below] no later than the end of 
    the 6-month period beginning on the date of the enactment of this 
    Act [July 11, 1987]; and
        ``(B) shall take such actions as may be necessary to ensure that 
    their respective drug-testing programs or plans are brought into 
    full compliance with the mandatory guidelines published under 
    subsection (a)(1)(A)(ii) no later than 90 days after such mandatory 
    guidelines take effect, except that any judicial challenge that 
    affects such guidelines should not affect drug-testing programs or 
    plans subject to this paragraph.
    ``(c) In the case of an agency (or component thereof) other than an 
agency as defined by subsection (a)(2) or an agency (or component 
thereof) covered by subsection (b), none of the funds appropriated or 
made available by this Act, or any other Act, with respect to any fiscal 
year, shall be available to administer or implement any drug testing 
pursuant to Executive Order Numbered 12564 [set out as a note below], or 
any subsequent order, unless and until--
        ``(1) the Secretary of Health and Human Services provides 
    written certification with respect to that agency (or component) in 
    accordance with clauses (i) and (iii) of subsection (a)(1)(A);
        ``(2) the Secretary of Health and Human Services has submitted a 
    written, detailed analysis with respect to that agency (or 
    component) in accordance with subsection (a)(1)(B); and
        ``(3) the Director of the Office of Management and Budget has 
    submitted a written, detailed analysis with respect to that agency 
    (or component) in accordance with subsection (a)(1)(C).
    ``(d) Any Federal employee who is the subject of a drug test under 
any program or plan shall, upon written request, have access to--
        ``(1) any records relating to such employee's drug test; and
        ``(2) any records relating to the results of any relevant 
    certification, review, or revocation-of-certification proceedings, 
    as referred to in subsection (a)(1)(A)(ii)(III).
    ``(e) The results of a drug test of a Federal employee may not be 
disclosed without the prior written consent of such employee, unless the 
disclosure would be--
        ``(1) to the employee's medical review official (as defined in 
    the scientific and technical guidelines referred to in subsection 
    (a)(1)(A)(ii));
        ``(2) to the administrator of any Employee Assistance Program in 
    which the employee is receiving counseling or treatment or is 
    otherwise participating;
        ``(3) to any supervisory or management official within the 
    employee's agency having authority to take the adverse personnel 
    action against such employee; or
        ``(4) pursuant to the order of a court of competent jurisdiction 
    where required by the United States Government to defend against any 
    challenge against any adverse personnel action.
    ``(f) [Terminated, effective May 15, 2000, see section 3003 of Pub. 
L. 104-66, as amended, set out as a note under section 1113 of Title 31, 
Money and Finance, and page 151 of House Document No. 103-7.]
    ``(g) For purposes of this section, the terms `agency' and `Employee 
Assistance Program' each has the meaning given such term under section 
7(b) of Executive Order Numbered 12564 [set out as a note below], as in 
effect on September 15, 1986.''
    [For abolition of United States Information Agency (other than 
Broadcasting Board of Governors and International Broadcasting Bureau), 
transfer of functions, and treatment of references thereto, see sections 
6531, 6532, and 6551 of Title 22, Foreign Relations and Intercourse.]


        Limitation on Gratuities at Naval Shipbuilding Ceremonies

    Pub. L. 99-145, title XIV, Sec. 1461, Nov. 8, 1985, 99 Stat. 765, 
provided that:
    ``(a) General Rule.--A Federal officer, employee, or Member of 
Congress may not accept, directly or indirectly, any tangible thing of 
value as a gift or memento in connection with a ceremony to mark the 
completion of a naval shipbuilding milestone.
    ``(b) Exclusion.--Subsection (a) does not apply to a gift or memento 
that has a value of less than $100.
    ``(c) Definitions.--For purposes of this section, the terms 
`officer', `employee', and `Member of Congress' have the meanings given 
those terms in sections 2104, 2105, and 2106, respectively, of title 5, 
United States Code.''

                        Executive Order No. 9845

    Ex. Ord. No. 9845, Apr. 28, 1947, 12 F.R. 2799, which permitted 
Bureau of Reclamation employees to accept appointments as constables or 
deputy sheriffs under state or territorial laws, was revoked by Ex. Ord. 
No. 11408, Apr. 25, 1968, 33 F.R. 6459.

             Ex. Ord. No. 12564. Drug-Free Federal Workplace

    Ex. Ord. No. 12564, Sept. 15, 1986, 51 F.R. 32889, provided:
    I, RONALD REAGAN, President of the United States of America, find 
that:
    Drug use is having serious adverse effects upon a significant 
proportion of the national work force and results in billions of dollars 
of lost productivity each year;
    The Federal government, as an employer, is concerned with the well-
being of its employees, the successful accomplishment of agency 
missions, and the need to maintain employee productivity;
    The Federal government, as the largest employer in the Nation, can 
and should show the way towards achieving drug-free workplaces through a 
program designed to offer drug users a helping hand and, at the same 
time, demonstrating to drug users and potential drug users that drugs 
will not be tolerated in the Federal workplace;
    The profits from illegal drugs provide the single greatest source of 
income for organized crime, fuel violent street crime, and otherwise 
contribute to the breakdown of our society;
    The use of illegal drugs, on or off duty, by Federal employees is 
inconsistent not only with the law-abiding behavior expected of all 
citizens, but also with the special trust placed in such employees as 
servants of the public;
    Federal employees who use illegal drugs, on or off duty, tend to be 
less productive, less reliable, and prone to greater absenteeism than 
their fellow employees who do not use illegal drugs;
    The use of illegal drugs, on or off duty, by Federal employees 
impairs the efficiency of Federal departments and agencies, undermines 
public confidence in them, and makes it more difficult for other 
employees who do not use illegal drugs to perform their jobs 
effectively. The use of illegal drugs, on or off duty, by Federal 
employees also can pose a serious health and safety threat to members of 
the public and to other Federal employees;
    The use of illegal drugs, on or off duty, by Federal employees in 
certain positions evidences less than the complete reliability, 
stability, and good judgment that is consistent with access to sensitive 
information and creates the possibility of coercion, influence, and 
irresponsible action under pressure that may pose a serious risk to 
national security, the public safety, and the effective enforcement of 
the law; and
    Federal employees who use illegal drugs must themselves be primarily 
responsible for changing their behavior and, if necessary, begin the 
process of rehabilitating themselves.
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including section 3301(2) of Title 
5 of the United States Code, section 7301 of Title 5 of the United 
States Code, section 290ee-1 of Title 42 of the United States Code, 
deeming such action in the best interests of national security, public 
health and safety, law enforcement and the efficiency of the Federal 
service, and in order to establish standards and procedures to ensure 
fairness in achieving a drug-free Federal workplace and to protect the 
privacy of Federal employees, it is hereby ordered as follows:
    Section 1. Drug-Free Workplace. (a) Federal employees are required 
to refrain from the use of illegal drugs.
    (b) The use of illegal drugs by Federal employees, whether on duty 
or off duty, is contrary to the efficiency of the service.
    (c) Persons who use illegal drugs are not suitable for Federal 
employment.
    Sec. 2. Agency Responsibilities. (a) The head of each Executive 
agency shall develop a plan for achieving the objective of a drug-free 
workplace with due consideration of the rights of the government, the 
employee, and the general public.
    (b) Each agency plan shall include:
    (1) A statement of policy setting forth the agency's expectations 
regarding drug use and the action to be anticipated in response to 
identified drug use;
    (2) Employee Assistance Programs emphasizing high level direction, 
education, counseling, referral to rehabilitation, and coordination with 
available community resources;
    (3) Supervisory training to assist in identifying and addressing 
illegal drug use by agency employees;
    (4) Provision for self-referrals as well as supervisory referrals to 
treatment with maximum respect for individual confidentiality consistent 
with safety and security issues; and
    (5) Provision for identifying illegal drug users, including testing 
on a controlled and carefully monitored basis in accordance with this 
Order.
    Sec. 3. Drug Testing Programs. (a) The head of each Executive agency 
shall establish a program to test for the use of illegal drugs by 
employees in sensitive positions. The extent to which such employees are 
tested and the criteria for such testing shall be determined by the head 
of each agency, based upon the nature of the agency's mission and its 
employees' duties, the efficient use of agency resources, and the danger 
to the public health and safety or national security that could result 
from the failure of an employee adequately to discharge his or her 
position.
    (b) The head of each Executive agency shall establish a program for 
voluntary employee drug testing.
    (c) In addition to the testing authorized in subsections (a) and (b) 
of this section, the head of each Executive agency is authorized to test 
an employee for illegal drug use under the following circumstances:
    (1) When there is a reasonable suspicion that any employee uses 
illegal drugs;
    (2) In an examination authorized by the agency regarding an accident 
or unsafe practice; or
    (3) As part of or as a follow-up to counseling or rehabilitation for 
illegal drug use through an Employee Assistance Program.
    (d) The head of each Executive agency is authorized to test any 
applicant for illegal drug use.
    Sec. 4. Drug Testing Procedures. (a) Sixty days prior to the 
implementation of a drug testing program pursuant to this Order, 
agencies shall notify employees that testing for use of illegal drugs is 
to be conducted and that they may seek counseling and rehabilitation and 
inform them of the procedures for obtaining such assistance through the 
agency's Employee Assistance Program. Agency drug testing programs 
already ongoing are exempted from the 60-day notice requirement. 
Agencies may take action under section 3(c) of this Order without 
reference to the 60-day notice period.
    (b) Before conducting a drug test, the agency shall inform the 
employee to be tested of the opportunity to submit medical documentation 
that may support a legitimate use for a specific drug.
    (c) Drug testing programs shall contain procedures for timely 
submission of requests for retention of records and specimens; 
procedures for retesting; and procedures, consistent with applicable 
law, to protect the confidentiality of test results and related medical 
and rehabilitation records. Procedures for providing urine specimens 
must allow individual privacy, unless the agency has reason to believe 
that a particular individual may alter or substitute the specimen to be 
provided.
    (d) The Secretary of Health and Human Services is authorized to 
promulgate scientific and technical guidelines for drug testing 
programs, and agencies shall conduct their drug testing programs in 
accordance with these guidelines once promulgated.
    Sec. 5. Personnel Actions. (a) Agencies shall, in addition to any 
appropriate personnel actions, refer any employee who is found to use 
illegal drugs to an Employee Assistance Program for assessment, 
counseling, and referral for treatment or rehabilitation as appropriate.
    (b) Agencies shall initiate action to discipline any employee who is 
found to use illegal drugs, provided that such action is not required 
for an employee who:
    (1) Voluntarily identifies himself as a user of illegal drugs or who 
volunteers for drug testing pursuant to section 3(b) of this Order, 
prior to being identified through other means;
    (2) Obtains counseling or rehabilitation through an Employee 
Assistance Program; and
    (3) Thereafter refrains from using illegal drugs.
    (c) Agencies shall not allow any employee to remain on duty in a 
sensitive position who is found to use illegal drugs, prior to 
successful completion of rehabilitation through an Employee Assistance 
Program. However, as part of a rehabilitation or counseling program, the 
head of an Executive agency may, in his or her discretion, allow an 
employee to return to duty in a sensitive position if it is determined 
that this action would not pose a danger to public health or safety or 
the national security.
    (d) Agencies shall initiate action to remove from the service any 
employee who is found to use illegal drugs and:
    (1) Refuses to obtain counseling or rehabilitation through an 
Employee Assistance Program; or
    (2) Does not thereafter refrain from using illegal drugs.
    (e) The results of a drug test and information developed by the 
agency in the course of the drug testing of the employee may be 
considered in processing any adverse action against the employee or for 
other administrative purposes. Preliminary test results may not be used 
in an administrative proceeding unless they are confirmed by a second 
analysis of the same sample or unless the employee confirms the accuracy 
of the initial test by admitting the use of illegal drugs.
    (f) The determination of an agency that an employee uses illegal 
drugs can be made on the basis of any appropriate evidence, including 
direct observation, a criminal conviction, administrative inquiry, or 
the results of an authorized testing program. Positive drug test results 
may be rebutted by other evidence that an employee has not used illegal 
drugs.
    (g) Any action to discipline an employee who is using illegal drugs 
(including removal from the service, if appropriate) shall be taken in 
compliance with otherwise applicable procedures, including the Civil 
Service Reform Act [Pub. L. 95-454, see Tables for classification].
    (h) Drug testing shall not be conducted pursuant to this Order for 
the purpose of gathering evidence for use in criminal proceedings. 
Agencies are not required to report to the Attorney General for 
investigation or prosecution any information, allegation, or evidence 
relating to violations of Title 21 of the United States Code received as 
a result of the operation of drug testing programs established pursuant 
to this Order.
    Sec. 6. Coordination of Agency Programs. (a) The Director of the 
Office of Personnel Management shall:
    (1) Issue government-wide guidance to agencies on the implementation 
of the terms of this Order;
    (2) Ensure that appropriate coverage for drug abuse is maintained 
for employees and their families under the Federal Employees Health 
Benefits Program;
    (3) Develop a model Employee Assistance Program for Federal agencies 
and assist the agencies in putting programs in place;
    (4) In consultation with the Secretary of Health and Human Services, 
develop and improve training programs for Federal supervisors and 
managers on illegal drug use; and
    (5) In cooperation with the Secretary of Health and Human Services 
and heads of Executive agencies, mount an intensive drug awareness 
campaign throughout the Federal work force.
    (b) The Attorney General shall render legal advice regarding the 
implementation of this Order and shall be consulted with regard to all 
guidelines, regulations, and policies proposed to be adopted pursuant to 
this Order.
    (c) Nothing in this Order shall be deemed to limit the authorities 
of the Director of Central Intelligence under the National Security Act 
of 1947, as amended [50 U.S.C. 401 et seq.], or the statutory 
authorities of the National Security Agency or the Defense Intelligence 
Agency. Implementation of this Order within the Intelligence Community, 
as defined in Executive Order No. 12333 [50 U.S.C. 401 note], shall be 
subject to the approval of the head of the affected agency.
    Sec. 7. Definitions. (a) This Order applies to all agencies of the 
Executive Branch.
    (b) For purposes of this Order, the term ``agency'' means an 
Executive agency, as defined in 5 U.S.C. 105; the Uniformed Services, as 
defined in 5 U.S.C. 2101(3) (but excluding the armed forces as defined 
by 5 U.S.C. 2101(2)); or any other employing unit or authority of the 
Federal government, except the United States Postal Service, the Postal 
Rate Commission, and employing units or authorities in the Judicial and 
Legislative Branches.
    (c) For purposes of this Order, the term ``illegal drugs'' means a 
controlled substance included in Schedule I or II, as defined by section 
802(6) of Title 21 of the United States Code, the possession of which is 
unlawful under chapter 13 of that Title. The term ``illegal drugs'' does 
not mean the use of a controlled substance pursuant to a valid 
prescription or other uses authorized by law.
    (d) For purposes of this Order, the term ``employee in a sensitive 
position'' refers to:
    (1) An employee in a position that an agency head designates Special 
Sensitive, Critical-Sensitive, or Noncritical-Sensitive under Chapter 
731 of the Federal Personnel Manual or an employee in a position that an 
agency head designates as sensitive in accordance with Executive Order 
No. 10450, as amended [5 U.S.C. 7311 note];
    (2) An employee who has been granted access to classified 
information or may be granted access to classified information pursuant 
to a determination of trustworthiness by an agency head under Section 4 
of Executive Order No. 12356 [50 U.S.C. 435 note];
    (3) Individuals serving under Presidential appointments;
    (4) Law enforcement officers as defined in 5 U.S.C. 8331(20); and
    (5) Other positions that the agency head determines involve law 
enforcement, national security, the protection of life and property, 
public health or safety, or other functions requiring a high degree of 
trust and confidence.
    (e) For purposes of this Order, the term ``employee'' means all 
persons appointed in the Civil Service as described in 5 U.S.C. 2105 
(but excluding persons appointed in the armed services as defined in 5 
U.S.C. 2102(2)).
    (f) For purposes of this Order, the term ``Employee Assistance 
Program'' means agency-based counseling programs that offer assessment, 
short-term counseling, and referral services to employees for a wide 
range of drug, alcohol, and mental health programs that affect employee 
job performance. Employee Assistance Programs are responsible for 
referring drug-using employees for rehabilitation and for monitoring 
employees' progress while in treatment.
    Sec. 8. Effective Date. This Order is effective immediately.
                                                          Ronald Reagan.

    Ex. Ord. No. 12674. Principles of Ethical Conduct for Government 
                         Officers and Employees

    Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended by Ex. 
Ord. No. 12731, Oct. 17, 1990, 55 F.R. 42547, provided:
    By virtue of the authority vested in me as President by the 
Constitution and the laws of the United States of America, and in order 
to establish fair and exacting standards of ethical conduct for all 
executive branch employees, it is hereby ordered as follows:

                  Part I--Principles of Ethical Conduct

    Section 101. Principles of Ethical Conduct. To ensure that every 
citizen can have complete confidence in the integrity of the Federal 
Government, each Federal employee shall respect and adhere to the 
fundamental principles of ethical service as implemented in regulations 
promulgated under sections 201 and 301 of this order:
    (a) Public service is a public trust, requiring employees to place 
loyalty to the Constitution, the laws, and ethical principles above 
private gain.
    (b) Employees shall not hold financial interests that conflict with 
the conscientious performance of duty.
    (c) Employees shall not engage in financial transactions using 
nonpublic Government information or allow the improper use of such 
information to further any private interest.
    (d) An employee shall not, except pursuant to such reasonable 
exceptions as are provided by regulation, solicit or accept any gift or 
other item of monetary value from any person or entity seeking official 
action from, doing business with, or conducting activities regulated by 
the employee's agency, or whose interests may be substantially affected 
by the performance or nonperformance of the employee's duties.
    (e) Employees shall put forth honest effort in the performance of 
their duties.
    (f) Employees shall make no unauthorized commitments or promises of 
any kind purporting to bind the Government.
    (g) Employees shall not use public office for private gain.
    (h) Employees shall act impartially and not give preferential 
treatment to any private organization or individual.
    (i) Employees shall protect and conserve Federal property and shall 
not use it for other than authorized activities.
    (j) Employees shall not engage in outside employment or activities, 
including seeking or negotiating for employment, that conflict with 
official Government duties and responsibilities.
    (k) Employees shall disclose waste, fraud, abuse, and corruption to 
appropriate authorities.
    (l) Employees shall satisfy in good faith their obligations as 
citizens, including all just financial obligations, especially those--
such as Federal, State, or local taxes--that are imposed by law.
    (m) Employees shall adhere to all laws and regulations that provide 
equal opportunity for all Americans regardless of race, color, religion, 
sex, national origin, age, or handicap.
    (n) Employees shall endeavor to avoid any actions creating the 
appearance that they are violating the law or the ethical standards 
promulgated pursuant to this order.
    Sec. 102. Limitations on Outside Earned Income.
    (a) No employee who is appointed by the President to a full-time 
noncareer position in the executive branch (including full-time 
noncareer employees in the White House Office, the Office of Policy 
Development, and the Office of Cabinet Affairs), shall receive any 
earned income for any outside employment or activity performed during 
that Presidential appointment.
    (b) The prohibition set forth in subsection (a) shall not apply to 
any full-time noncareer employees employed pursuant to 3 U.S.C. 105 and 
3 U.S.C. 107(a) at salaries below the minimum rate of basic pay then 
paid for GS-9 of the General Schedule. Any outside employment must 
comply with relevant agency standards of conduct, including any 
requirements for approval of outside employment.

             Part II--Office of Government Ethics Authority

    Sec. 201. The Office of Government Ethics. The Office of Government 
Ethics shall be responsible for administering this order by:
    (a) Promulgating, in consultation with the Attorney General and the 
Office of Personnel Management, regulations that establish a single, 
comprehensive, and clear set of executive-branch standards of conduct 
that shall be objective, reasonable, and enforceable.
    (b) Developing, disseminating, and periodically updating an ethics 
manual for employees of the executive branch describing the applicable 
statutes, rules, decisions, and policies.
    (c) Promulgating, with the concurrence of the Attorney General, 
regulations interpreting the provisions of the post-employment statute, 
section 207 of title 18, United States Code; the general conflict-of-
interest statute, section 208 of title 18, United States Code; and the 
statute prohibiting supplementation of salaries, section 209 of title 
18, United States Code.
    (d) Promulgating, in consultation with the Attorney General and the 
Office of Personnel Management, regulations establishing a system of 
nonpublic (confidential) financial disclosure by executive branch 
employees to complement the system of public disclosure under the Ethics 
in Government Act of 1978 [Pub. L. 95-521, see Tables for 
classification]. Such regulations shall include criteria to guide 
agencies in determining which employees shall submit these reports.
    (e) Ensuring that any implementing regulations issued by agencies 
under this order are consistent with and promulgated in accordance with 
this order.
    Sec. 202. Executive Office of the President. In that the agencies 
within the Executive Office of the President (EOP) currently exercise 
functions that are not distinct and separate from each other within the 
meaning and for the purposes of section 207(e) of title 18, United 
States Code, those agencies shall be treated as one agency under section 
207(c) of title 18, United States Code.

                    Part III--Agency Responsibilities

    Sec. 301. Agency Responsibilities. Each agency head is directed to:
    (a) Supplement, as necessary and appropriate, the comprehensive 
executive branch-wide regulations of the Office of Government Ethics, 
with regulations of special applicability to the particular functions 
and activities of that agency. Any supplementary agency regulations 
shall be prepared as addenda to the branch-wide regulations and 
promulgated jointly with the Office of Government Ethics, at the 
agency's expense, for inclusion in Title 5 of the Code of Federal 
Regulations.
    (b) Ensure the review by all employees of this order and regulations 
promulgated pursuant to the order.
    (c) Coordinate with the Office of Government Ethics in developing 
annual agency ethics training plans. Such training shall include 
mandatory annual briefings on ethics and standards of conduct for all 
employees appointed by the President, all employees in the Executive 
Office of the President, all officials required to file public or 
nonpublic financial disclosure reports, all employees who are 
contracting officers and procurement officials, and any other employees 
designated by the agency head.
    (d) Where practicable, consult formally or informally with the 
Office of Government Ethics prior to granting any exemption under 
section 208 of title 18, United States Code, and provide the Director of 
the Office of Government Ethics a copy of any exemption granted.
    (e) Ensure that the rank, responsibilities, authority, staffing, and 
resources of the Designated Agency Ethics Official are sufficient to 
ensure the effectiveness of the agency ethics program. Support should 
include the provision of a separate budget line item for ethics 
activities, where practicable.

                    Part IV--Delegations of Authority

    Sec. 401. Delegations to Agency Heads. Except in the case of the 
head of an agency, the authority of the President under sections 203(d), 
205(e), and 208(b) of title 18, United States Code, to grant exemptions 
or approvals to individuals, is delegated to the head of the agency in 
which an individual requiring an exemption or approval is employed or to 
which the individual (or the committee, commission, board, or similar 
group employing the individual) is attached for purposes of 
administration.
    Sec. 402. Delegations to the Counsel to the President.
    (a) Except as provided in section 401, the authority of the 
President under sections 203(d), 205(e), and 208(b) of title 18, United 
States Code, to grant exemptions or approvals for Presidential 
appointees to committees, commissions, boards, or similar groups 
established by the President is delegated to the Counsel to the 
President.
    (b) The authority of the President under sections 203(d), 205(e), 
and 208(b) of title 18, United States Code, to grant exemptions or 
approvals for individuals appointed pursuant to 3 U.S.C. 105 and 3 
U.S.C. 107(a), is delegated to the Counsel to the President.
    Sec. 403. Delegation Regarding Civil Service. The Office of 
Personnel Management and the Office of Government Ethics, as 
appropriate, are delegated the authority vested in the President by 5 
U.S.C. 7301 to establish general regulations for the implementation of 
this Executive order.

                       Part V--General Provisions

    Sec. 501. Revocations. The following Executive orders are hereby 
revoked:
    (a) Executive Order No. 11222 of May 8, 1965.
    (b) Executive Order No. 12565 of September 25, 1986.
    Sec. 502. Savings Provision.
    (a) All actions already taken by the President or by his delegates 
concerning matters affected by this order and in force when this order 
is issued, including any regulations issued under Executive Order 11222, 
Executive Order 12565, or statutory authority, shall, except as they are 
irreconcilable with the provisions of this order or terminate by 
operation of law or by Presidential action, remain in effect until 
properly amended, modified, or revoked pursuant to the authority 
conferred by this order or any regulations promulgated under this order. 
Notwithstanding anything in section 102 of this order, employees may 
carry out preexisting contractual obligations entered into before April 
12, 1989.
    (b) Financial reports filed in confidence (pursuant to the authority 
of Executive Order No. 11222, 5 C.F.R. Part 735, and individual agency 
regulations) shall continue to be held in confidence.
    Sec. 503. Definitions. For purposes of this order, the term:
    (a) ``Contracting officers and procurement officials'' means all 
such officers and officials as defined in the Office of Federal 
Procurement Policy Act Amendments of 1988 [see 41 U.S.C. 423].
    (b) ``Employee'' means any officer or employee of an agency, 
including a special Government employee.
    (c) ``Agency'' means any executive agency as defined in 5 U.S.C. 
105, including any executive department as defined in 5 U.S.C. 101, 
Government corporation as defined in 5 U.S.C. 103, or an independent 
establishment in the executive branch as defined in 5 U.S.C. 104 (other 
than the General Accounting Office), and the United States Postal 
Service and Postal Rate Commission.
    (d) ``Head of an agency'' means, in the case of an agency headed by 
more than one person, the chair or comparable member of such agency.
    (e) ``Special Government employee'' means a special Government 
employee as defined in 18 U.S.C. 202(a).
    Sec. 504. Judicial Review. This order is intended only to improve 
the internal management of the executive branch and is not intended to 
create any right or benefit, substantive or procedural, enforceable at 
law by a party against the United States, its agencies, its officers, or 
any person.

  Ex. Ord. No. 12820. Facilitating Federal Employees' Participation in 
                      Community Service Activities

    Ex. Ord. No. 12820, Nov. 5, 1992, 57 F.R. 53429, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including Public Law 101-610, 
as amended [42 U.S.C. 12501 et seq.], and in order to ensure that the 
Federal Government encourages its employees' participation in community 
service, it is hereby ordered as follows:
    Section 1. Charge to the Cabinet and Members of the Executive Branch 
Departments and Agencies.
    (a) The head of each Executive department and agency shall encourage 
agency employees to participate voluntarily in direct and consequential 
community service. Community service participation may include, among 
other things, participation in programs, activities and initiatives 
designed to address problems such as drug abuse, crime, homelessness, 
illiteracy, AIDS, teenage pregnancy, and hunger, and problems associated 
with low-income housing, education, health care and the environment. The 
White House Office of National Service and the Commission on National 
and Community Service shall serve as a resource to provide information 
and support.
    (b) The head of each Executive department and agency shall designate 
a senior official of his or her department or agency to provide 
leadership in and support for the Federal commitment to community 
service through employee awareness and participation within his or her 
department and agency. The senior official shall report to his or her 
department or agency head to ensure that community service activities 
receive a high level of visibility and promotion.
    (c) The head of each Executive department and agency shall designate 
an existing office in his or her department or agency to perform the 
functions listed below. The office shall serve as the Office of 
Community Service and will be responsible for:
    (1) Providing information to employees of the department or agency 
concerning community service opportunities;
    (2) Working with the White House Office of National Service and the 
Office of Personnel Management to consider any appropriate changes in 
department or agency policies or practices that would encourage employee 
participation in community service activities; and
    (3) Acting as a liaison with the White House Office of National 
Service and the Commission on National and Community Service.
    Sec. 2. Administrative Provisions.
    The White House Office of National Service and the Commission on 
National and Community Service shall provide such information with 
respect to community service programs and activities and such advice and 
assistance as may be required by the departments and agencies for the 
purpose of carrying out their functions under this order.
    Sec. 3. Reporting Provisions.
    The head of each Executive department or agency, or his or her 
designee, shall submit an annual report on the actions the department or 
agency has taken to encourage its employees to participate in community 
service to the White House Office of National Service not later than 
December 30 each year.
                                                            George Bush.

                        Executive Order No. 12834

    Ex. Ord. No. 12834, Jan. 20, 1993, 58 F.R. 5911, which provided for 
ethics commitments by executive branch appointees, was revoked by Ex. 
Ord. No. 13184, Dec. 28, 2000, 66 F.R. 697, eff. noon Jan. 20, 2001.

  Ex. Ord. No. 13058. Protecting Federal Employees and the Public From 
           Exposure to Tobacco Smoke in the Federal Workplace

    Ex. Ord. No. 13058, Aug. 9, 1997, 62 F.R. 43451, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America and in order to protect Federal 
Government employees and members of the public from exposure to tobacco 
smoke in the Federal workplace, it is hereby ordered as follows:
    Section 1. Policy. It is the policy of the executive branch to 
establish a smoke-free environment for Federal employees and members of 
the public visiting or using Federal facilities. The smoking of tobacco 
products is thus prohibited in all interior space owned, rented, or 
leased by the executive branch of the Federal Government, and in any 
outdoor areas under executive branch control in front of air intake 
ducts.
    Sec. 2. Exceptions. The general policy established by this order is 
subject to the following exceptions: (a) The order does not apply in 
designated smoking areas that are enclosed and exhausted directly to the 
outside and away from air intake ducts, and are maintained under 
negative pressure (with respect to surrounding spaces) sufficient to 
contain tobacco smoke within the designated area. Agency officials shall 
not require workers to enter such areas during business hours while 
smoking is ongoing.
    (b) The order does not extend to any residential accommodation for 
persons voluntarily or involuntarily residing, on a temporary or long-
term basis, in a building owned, leased, or rented by the Federal 
Government.
    (c) The order does not extend to those portions of federally owned 
buildings leased, rented, or otherwise provided in their entirety to 
nonfederal parties.
    (d) The order does not extend to places of employment in the private 
sector or in other nonfederal governmental units that serve as the 
permanent or intermittent duty station of one or more Federal employees.
    (e) The head of any agency may establish limited and narrow 
exceptions that are necessary to accomplish agency missions. Such 
exception shall be in writing, approved by the agency head, and to the 
fullest extent possible provide protection of nonsmokers from exposure 
to environmental tobacco smoke. Authority to establish such exceptions 
may not be delegated.
    Sec. 3. Other Locations. The heads of agencies shall evaluate the 
need to restrict smoking at doorways and in courtyards under executive 
branch control in order to protect workers and visitors from 
environmental tobacco smoke, and may restrict smoking in these areas in 
light of this evaluation.
    Sec. 4. Smoking Cessation Programs. The heads of agencies are 
encouraged to use existing authority to establish programs designed to 
help employees stop smoking.
    Sec. 5. Responsibility for Implementation. The heads of agencies are 
responsible for implementing and ensuring compliance with the provisions 
of this order. ``Agency'' as used in this order means an Executive 
agency, as defined in 5 U.S.C. 105, and includes any employing unit or 
authority of the Federal Government, other than those of the legislative 
and judicial branches. Independent agencies are encouraged to comply 
with the provisions of this order.
    Sec. 6. Phase-In of Implementation. Implementation of the policy set 
forth in this order shall be achieved no later than 1 year after the 
date of this order. This 1 year phase-in period is designed to establish 
a fixed but reasonable time for implementing this policy. Agency heads 
are directed during this period to inform all employees and visitors to 
executive branch facilities about the requirements of this order, inform 
their employees of the health risks of exposure to environmental tobacco 
smoke, and undertake related activities as necessary.
    Sec. 7. Consistency with Other Laws. The provisions of this order 
shall be implemented consistent with applicable law, including the 
Federal Service Labor-Management Relations Act (5 U.S.C. 7101 et seq.) 
and the National Labor Relations Act (29 U.S.C. 151 et seq.)[.] 
Provisions of existing collective bargaining agreements shall be honored 
and agencies shall consult with employee labor representatives about the 
implementation of this order. Nothing herein shall be construed to 
impair or alter the powers and duties of Federal agencies established 
under law. Nothing herein shall be construed to replace any agency 
policy currently in effect, if such policy is legally established, in 
writing, and consistent with the terms of this order. Agencies shall 
review their current policy to confirm that agency policy comports with 
this order, and policy found not in compliance shall be revised to 
comply with the terms of this order.
    Sec. 8. Cause of Action. This order does not create any right to 
administrative or judicial review, or any other right or benefit, 
substantive or procedural, enforceable by a party against the United 
States, its agencies or instrumentalities, its officers or employees, or 
any other person or affect in any way the liability of the executive 
branch under the Federal Tort Claims Act [28 U.S.C. 2671 et seq.].
    Sec. 9. Construction. Nothing in this order shall limit an agency 
head from establishing more protective policies on smoking in the 
Federal workplace for employees and members of the public visiting or 
using Federal facilities.
                                                     William J. Clinton.