1. U.S. Code
  2. title 5
  3. part III
  4. subpart F
  5. chapter 79
  6. § 7904

Collapse to view only § 7904. Employee assistance programs relating to drug abuse and alcohol abuse

§ 7901. Health service programs
(a) The head of each agency of the Government of the United States may establish, within the limits of appropriations available, a health service program to promote and maintain the physical and mental fitness of employees under his jurisdiction.
(b) A health service program may be established by contract or otherwise, but only—
(1) after consultation with the Secretary of Health, Education, and Welfare and consideration of its recommendations; and
(2) in localities where there are a sufficient number of employees to warrant providing the service.
(c) A health service program is limited to—
(1) treatment of on-the-job illness and dental conditions requiring emergency attention;
(2) preemployment and other examinations;
(3) referral of employees to private physicians and dentists; and
(4) preventive programs relating to health.
(d) The Secretary of Health, Education, and Welfare, on request, shall review a health service program conducted under this section and shall submit comment and recommendations to the head of the agency concerned.
(e) When this section authorizes the use of the professional services of physicians, that authorization includes the use of the professional services of surgeons and osteopathic practitioners within the scope of their practice as defined by State law.
(f) The health programs conducted by the Tennessee Valley Authority are not affected by this section.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 530; Pub. L. 90–83, § 1(47), Sept. 11, 1967, 81 Stat. 209; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(9), Sept. 23, 1996, 110 Stat. 2869.)

CITE AS: 5 USC 7901

§ 7902. Safety programs
(a) For the purpose of this section—
(1) “employee” means an employee as defined by section 8101 of this title; and
(2) “agency” means an agency in any branch of the Government of the United States (not including the United States Postal Service), including an instrumentality wholly owned by the United States, and the government of the District of Columbia.
(b) The Secretary of Labor shall carry out a safety program under section 941(b)(1) of title 33 covering the employment of each employee of an agency.
(c) The President may—
(1) establish by Executive order a safety council composed of representatives of the agencies and of labor organizations representing employees to serve as an advisory body to the Secretary in furtherance of the safety program carried out by the Secretary under subsection (b) of this section; and
(2) undertake such other measures as he considers proper to prevent injuries and accidents to employees of the agencies.
(d) The head of each agency shall develop and support organized safety promotion to reduce accidents and injuries among employees of his agency, encourage safe practices, and eliminate work hazards and health risks.
(e) Each agency shall—
(1) keep a record of injuries and accidents to its employees whether or not they result in loss of time or in the payment or furnishing of benefits; and
(2) make such statistical or other reports on such forms as the Secretary may prescribe by regulation.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 530; Pub. L. 91–596, § 19(c), Dec. 29, 1970, 84 Stat. 1610; Pub. L. 105–241, § 2(b)(2), Sept. 28, 1998, 112 Stat. 1572.)

CITE AS: 5 USC 7902

§ 7903. Protective clothing and equipment

Appropriations available for the procurement of supplies and material or equipment are available for the purchase and maintenance of special clothing and equipment for the protection of personnel in the performance of their assigned tasks. For the purpose of this section, “appropriations” includes funds made available by statute under section 9104 of title 31.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 531; Pub. L. 97–258, § 3(a)(16), Sept. 13, 1982, 96 Stat. 1063.)

CITE AS: 5 USC 7903

§ 7904. Employee assistance programs relating to drug abuse and alcohol abuse
(a) The head of each Executive agency shall, in a manner consistent with guidelines prescribed under subsection (b) of this section and applicable provisions of law, establish appropriate prevention, treatment, and rehabilitation programs and services for drug abuse and alcohol abuse for employees in or under such agency.
(b) The Office of Personnel Management shall, after such consultations as the Office considers appropriate, prescribe guidelines for programs and services under this section.
(c) The Secretary of Health and Human Services, on request of the head of an Executive agency, shall review any program or service provided under this section and shall submit comments and recommendations to the head of the agency concerned.
(Added Pub. L. 99–570, title VI, § 6004(a), Oct. 27, 1986, 100 Stat. 3207–159.)

CITE AS: 5 USC 7904

§ 7905. Programs to encourage commuting by means other than single-occupancy motor vehicles
(a) For the purpose of this section—
(1) the term “employee” means an employee as defined by section 2105, a member of a uniformed service, and a student who provides voluntary services under section 3111;
(2) the term “agency” means—
(A) an Executive agency;
(B) an entity of the legislative branch; and
(C) the judicial branch;
(3) the term “entity of the legislative branch” means the House of Representatives, the Senate, the Office of the Architect of the Capitol (including the Botanic Garden), the Capitol Police, the Congressional Budget Office, the Copyright Royalty Tribunal, the Government Publishing Office, the Library of Congress, and the Office of Technology Assessment; and
(4) the term “transit pass” means a transit pass as defined by section 132(f)(5) of the Internal Revenue Code of 1986.
(b)
(1) The head of each agency may establish a program to encourage employees of such agency to use means other than single-occupancy motor vehicles to commute to or from work.
(2) A program established under this section may involve such options as—
(A) transit passes (including cash reimbursements therefor, but only if a voucher or similar item which may be exchanged only for a transit pass is not readily available for direct distribution by the agency);
(B) furnishing space, facilities, or services to bicyclists; and
(C) any non-monetary incentive which the agency head may otherwise offer under any other provision of law or other authority.
(c) The functions of an agency head under this section shall—
(1) with respect to the judicial branch, be carried out by the Director of the Administrative Office of the United States Courts;
(2) with respect to the House of Representatives, be carried out by the Committee on House Administration of the House of Representatives; and
(3) with respect to the Senate, be carried out by the Committee on Rules and Administration of the Senate.
(d) The President shall designate 1 or more agencies which shall—
(1) prescribe guidelines for programs under this section;
(2) on request, furnish information or technical advice on the design or operation of any program under this section; and
(3) submit to the President and the Congress, before January 1, 1995, and at least every 2 years thereafter, a written report on the operation of this section, including, with respect to the period covered by the report—
(A) the number of agencies offering programs under this section;
(B) a brief description of each of the various programs;
(C) the extent of employee participation in, and the costs to the Government associated with, each of the various programs;
(D) an assessment of any environmental or other benefits realized as a result of programs established under this section; and
(E) any other matter which may be appropriate.
(Added Pub. L. 103–172, § 2(a), Dec. 2, 1993, 107 Stat. 1995; amended Pub. L. 107–296, title XIII, § 1314(a), Nov. 25, 2002, 116 Stat. 2296; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)

CITE AS: 5 USC 7905

§ 7906. Services of post-combat case coordinators
(a)Definitions.—For purposes of this section—
(1) the terms “employee”, “agency”,1
1 So in original. The definition of “agency” does not appear in section 8101 of this title.
“injury”, “war-risk hazard”, and “hostile force or individual” have the meanings given those terms in section 8101; and
(2) the term “qualified employee” means an employee as described in subsection (b).
(b)Requirement.—The head of each agency shall, in a manner consistent with the guidelines prescribed under subsection (c), provide for the assignment of a post-combat case coordinator in the case of any employee of such agency who suffers an injury or disability incurred, or an illness contracted, while in the performance of such employee’s duties, as a result of a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual.
(c)Guidelines.—The Office of Personnel Management shall, after such consultation as the Office considers appropriate, prescribe guidelines for the operation of this section. Under the guidelines, the responsibilities of a post-combat case coordinator shall include—
(1) acting as the main point of contact for qualified employees seeking administrative guidance or assistance relating to benefits under chapter 81 or 89;
(2) assisting qualified employees in the collection of documentation or other supporting evidence for the expeditious processing of claims under chapter 81 or 89;
(3) assisting qualified employees in connection with the receipt of prescribed medical care and the coordination of benefits under chapter 81 or 89;
(4) resolving problems relating to the receipt of benefits under chapter 81 or 89; and
(5) ensuring that qualified employees are properly screened and receive appropriate treatment—
(A) for post-traumatic stress disorder or other similar disorder stemming from combat trauma; or
(B) for suicidal or homicidal thoughts or behaviors.
(d)Duration.—The services of a post-combat case coordinator shall remain available to a qualified employee until—
(1) such employee accepts or declines a reasonable offer of employment in a position in the employee’s agency for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level) before the occurrence or onset of the injury, disability, or illness (as referred to in subsection (a)), and which is within the employee’s commuting area; or
(2) such employee gives written notice, in such manner as the employing agency prescribes, that those services are no longer desired or necessary.
(Added Pub. L. 112–81, div. A, title XI, § 1106(a), Dec. 31, 2011, 125 Stat. 1613.)

CITE AS: 5 USC 7906