[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR5.3]

[Page 11-12]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 5_REGULATIONS, INVESTIGATION, AND ENFORCEMENT (RULE V)--Table 
of Contents
 
Sec. 5.3  Enforcement.

    (a) The Director is authorized to ensure enforcement of the civil 
service laws, rules, and regulations, and all applicable Executive 
orders, by:
    (1) Instructing an agency to separate or take other action against 
an employee serving an appointment subject to investigation when the 
Director finds that the employee is disqualified for Federal employment. 
Where the employee or the agency appeals the Director's finding that a 
separation or other action is necessary, the Director may instruct the 
agency as to whether or not the employee should remain on duty and 
continue to receive pay pending adjudication of the appeal: Provided, 
That when an agency separates

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or takes other action against an employee pursuant to the Director's 
instructions, and the Director, on the basis of new evidence, 
subsequently reverses the initial decision as to the employee's 
qualifications and suitability, the agency shall, upon request of the 
Director, restore the employee to duty or otherwise reverse any action 
taken.
    (2) Reporting the results of evaluation or investigations to the 
head of the agency concerned with instructions for any corrective action 
necessary, including cancellation of personnel actions where 
appropriate. The Director's findings resulting from evaluations or 
investigations are binding unless changed as a result of agency evidence 
and arguments against them. If, during the course of any evaluation or 
investigation under this section, the Director finds evidence of matters 
which come within the investigative and prosecutorial jurisdiction of 
the Special Counsel of the Merit Systems Protection Board, the Director 
shall refer this evidence to the Special Counsel for appropriate 
disposition.
    (b) Whenever the Director issues specific instructions as to 
separation or other corrective action with regard to an employee, 
including cancellation of a personnel action, the head of the agency 
concerned shall comply with the Director's instructions.
    (c) If the agency head fails to comply with the specific 
instructions of the Director as to separation or other corrective action 
with regard to an employee, including cancellation of a personnel 
action, the Director may certify to the Comptroller General of the 
United States the agency's failure to act together with such additional 
information as the Comptroller General may require, and shall furnish a 
copy of such certification to the head of the agency concerned. The 
individual with respect to whom such separation or other corrective 
action was instructed shall be entitled thereafter to no pay or only to 
such pay as appropriate to effectuate the Director's instructions.