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Title 5 — Government OrganizationThis title establishes the limited structure of the federal executive administration of the Union of Columbia, including core bureau organization, basic civil service rules, and uniform administrative procedure for federal actions. This title is intended to keep the federal government small, accountable, and clearly confined to its enumerated powers. Note: The Union maintains no separate federal legislature or federal judiciary. Where this title references “orders,” “hearings,” or “appeals,” those processes are administrative and occur within the executive branch as provided herein.
Chapters in this Title
Chapter 1 — General Provisions and Federal Authority
Chapter 3 — Organization of Executive Bureaus
Chapter 5 — Federal Officers: Authority, Conduct, and Accountability
Chapter 7 — Federal Employment: Merit Appointment and Basic Standards
Chapter 9 — Adverse Actions, Discipline, and Administrative Review
Chapter 11 — Rulemaking, Orders, and Administrative Procedure
Chapter 13 — Intergovernmental Cooperation and Preemption
Chapter 1 — General Provisions and Federal Authority§ 101. Purpose; construction; limited federal character
(a) Purpose. This title provides a basic framework for executive organization and administration necessary to carry out the limited federal functions of the Union of Columbia, and no more.
(b) Construction. This title shall be construed to avoid creation of a general regulatory state. Unless a power is expressly granted by the Constitution and States Compact and implemented by this Code, the power remains with the States and the people.
(c) Small-government presumption. In case of ambiguity, interpretation shall favor: (1) narrower federal scope; (2) state sovereignty; and (3) individual liberty consistent with public safety and enumerated federal functions.
(d) No implied causes of action. This title creates administrative procedures and standards but does not create general private rights of action against the Union unless expressly stated.
§ 102. Definitions
(a) “Union” means the federal executive administration of the Union of Columbia.
(b) “Bureau” means a principal executive unit established under Chapter 3 of this title.
(c) “Officer” means an employee vested by law with enforcement authority, including authority to detain, arrest, conduct searches, or carry firearms on duty.
(d) “Order” means a final written determination issued by an authorized federal official that applies specific law to specific facts, including licensing, permitting, penalties, seizures, removals, or employment actions.
(e) “Rule” means a generally applicable statement of policy, procedure, or interpretation adopted by a Bureau under Chapter 11.
(f) “State authority” means a State government or a political subdivision acting under State law.
(g) “Federal function” means defense, interstate commerce facilitation, postal services, customs, and immigration, including core protective services and emergency response as provided by the States Compact and this Code.
§ 103. Executive authority; delegation; written designations
(a) Executive responsibility. The President is responsible for faithful execution of this Code through the Bureaus established by law.
(b) Delegation. A Bureau Head may delegate functions to subordinate officials when: (1) the delegation is in writing; (2) the delegate is qualified and trained; and (3) the delegation is consistent with law and does not authorize powers prohibited by statute.
(c) Designations required for enforcement powers. Arrest, search, seizure, and use-of-force authorities must be conferred by statute and implemented by written designation identifying the scope of authority, duty station, and supervision.
(d) Public availability. General delegations affecting the public shall be posted or otherwise made available for inspection, except where classified or restricted for operational security.
Chapter 3 — Organization of Executive Bureaus§ 301. Establishment of principal executive bureaus
(a) Principal bureaus. The following principal executive bureaus are established:
(1) Bureau of State.
(2) Bureau of Homeland Security.
(3) Bureau of Defense.
(b) Limited scope. No additional principal bureau shall be created by administrative action. Functions not enumerated in this Code remain with the States.
(c) Continuity. Each Bureau shall maintain continuity-of-operations planning proportionate to its limited role.
§ 302. Bureau Heads; appointment; responsibilities
(a) Bureau Head. Each Bureau shall be headed by a Bureau Head appointed by the President.
(b) General duties. The Bureau Head shall—
(1) execute the functions assigned to the Bureau by this Code;
(2) maintain clear written policies, training standards, and duty orders;
(3) ensure fiscal restraint and minimal staffing consistent with mission;
(4) ensure professional conduct and accountability of officers;
(5) provide public-facing guidance where rules affect the public.
(c) Non-delegable matters. A Bureau Head may not delegate: (1) adoption of final rules under § 1103; (2) issuance of Bureau-wide use-of-force policy; (3) final decision in removal of an officer for serious misconduct, except as provided by § 905.
§ 303. Bureau of State: core functions
(a) Foreign affairs and compacts. The Bureau of State conducts official correspondence, compacts, and relations with foreign entities as directed by the President and consistent with the States Compact.
(b) Passports and travel documents. The Bureau of State may issue Union passports and travel documents as provided by law and may refuse issuance on grounds of fraud, identity uncertainty, or lawful restriction.
(c) Consular assistance. Where practicable, the Bureau of State may provide limited consular assistance to citizens abroad.
(d) No domestic regulation. The Bureau of State has no domestic police power except as expressly conferred elsewhere in this Code.
§ 304. Bureau of Homeland Security: components and mission
(a) Mission. The Bureau of Homeland Security (BHS) coordinates the Union’s limited protective, border, immigration, customs-support, and emergency response functions.
(b) Components. BHS includes the following services and directorates, as established by this Code and by internal organization orders:
(1) Union of Columbia Coast Guard (UCCG) (peacetime maritime safety, limited maritime law enforcement within federal jurisdiction, and search and rescue).
(2) Union of Columbia Immigration and Citizenship Service (UCICS) (admissions, removals, investigations within federal immigration authority).
(3) Union of Columbia Secret Service (UCSS) (protective mission and certain financial crimes within federal jurisdiction).
(4) Federal Emergency Response Administration (FERA) (coordination and logistics for federal emergency response within enumerated powers, and support to States upon request).
(5) International Intelligence Agency (IIA) (foreign intelligence and counterintelligence coordination as provided by Title 50; placed administratively within BHS for security coordination).
(c) Boundaries. BHS may not create general domestic regulatory programs. Its enforcement activity must be tethered to a federal function and statutory authority.
§ 305. Bureau of Defense: core functions
(a) Mission. The Bureau of Defense provides for common defense consistent with the States Compact, including coordination of limited standing forces, readiness standards, and federalization of State militias when authorized by law.
(b) No UCMJ. The Union does not maintain a separate uniform military justice code. Discipline and accountability of federal defense personnel shall occur through administrative procedures under this title and through applicable criminal provisions under Title 18.
(c) Respect for State forces. State militia forces remain State entities except when federalized pursuant to Title 10 and lawful executive orders.
Chapter 5 — Federal Officers: Authority, Conduct, and Accountability§ 501. General law-enforcement authority; federal nexus required
(a) Federal nexus. A federal officer may exercise enforcement powers only where there is a clear federal nexus, including enforcement of immigration, customs, postal protection, protective services, defense security, and other specifically enumerated federal crimes.
(b) No general police power. Federal officers shall not enforce State criminal law except as expressly permitted under § 509 (assistance to States) or in immediate self-defense or defense of others.
(c) On-duty identification. When practicable, an officer acting in an enforcement capacity shall identify as a federal officer and display credentials, unless doing so would compromise safety or an active investigation.
(d) Reporting. Each Bureau shall maintain incident reporting standards sufficient to document uses of enforcement authority and to allow review.
§ 502. Arrest authority; detention standards
(a) Authority to arrest. A federal officer designated under § 103(c) may arrest without warrant a person who—
(1) commits a federal offense in the officer’s presence; or
(2) the officer has probable cause to believe has committed a federal felony enumerated in Title 18, and exigent circumstances make delay unreasonable.
(b) Summons and citation preference. For nonviolent misdemeanors, officers should prefer summons, citation, or administrative notice to appear when identity is known and flight risk is low, unless arrest is necessary to protect persons, preserve evidence, or ensure appearance.
(c) Detention conditions. Detainees shall be treated humanely. Restraints may be used only as reasonably necessary for safety or prevention of flight.
(d) Transfer to State facilities. Because the Union has limited detention infrastructure, Bureaus may arrange temporary holding with State or local authorities by agreement, consistent with § 1302, while maintaining responsibility for the federal process.
§ 503. Search and seizure; warrants; exigent circumstances
(a) Warrant preference. Searches of dwellings or private premises for federal law enforcement purposes shall be conducted pursuant to a warrant whenever practicable.
(b) Administrative warrants and orders. Where Title 8 or Title 19 authorizes administrative warrants or inspection authority, such actions must be supported by articulable facts and documented approvals, and shall be limited in scope to the statutory purpose.
(c) Exigent circumstances. An officer may conduct a search without warrant where the officer reasonably believes immediate action is necessary to—
(1) prevent imminent harm to a person;
(2) prevent imminent destruction of evidence of a serious federal offense;
(3) prevent escape of a suspect of a serious federal offense; or
(4) address an active threat to protective operations.
(d) Documentation. Warrantless searches under subsection (c) shall be documented in an incident report describing the facts, scope, and items seized.
§ 504. Use of force; firearms; duty to render aid
(a) Reasonableness. Force shall be used only when objectively reasonable under the circumstances, and shall be proportional to the threat.
(b) De-escalation. When feasible, officers shall attempt de-escalation through time, distance, cover, communication, and less-lethal options.
(c) Deadly force. Deadly force may be used only where the officer reasonably believes it is necessary to prevent death or serious bodily injury to the officer or another person, or to stop an imminent deadly threat.
(d) Warning. When feasible, an officer shall give a clear warning before using deadly force.
(e) Medical aid. After any use of force likely to cause injury, officers shall request medical aid as soon as practicable and render basic aid within training and safety constraints.
(f) Firearms policy. Each Bureau shall issue a written firearms policy addressing qualification, safe carry, off-duty carry, reporting requirements, and restrictions for sensitive locations.
§ 505. Standards of conduct; truthfulness; duty to report misconduct
(a) Integrity. Officers and employees shall act with honesty, impartiality, and restraint.
(b) Truthfulness. Knowingly false statements in any official matter are prohibited and constitute serious misconduct.
(c) Conflicts of interest. Employees shall not use office for personal gain, accept improper gifts, or participate in matters where a personal interest substantially conflicts with official duty.
(d) Duty to report. Employees shall report serious misconduct, corruption, abuse of authority, or unlawful use of force through Bureau channels. Retaliation for good-faith reporting is prohibited.
§ 506. Credentials; badges; inspection of authority
(a) Issuance. Each enforcement component shall issue standardized credentials, including photograph, name, agency, and authority statement.
(b) Misuse. Misuse, lending, or falsification of credentials is prohibited and may be punished under Title 18 and through adverse action under Chapter 9.
(c) Public verification. Each Bureau shall maintain a reasonable method for the public to verify officer identity, consistent with operational security.
§ 509. Assistance to States; joint operations; limitations
(a) Assistance upon request. A Bureau may provide assistance to State authorities upon request where:
(1) the assistance relates to a federal function or a mixed federal-state matter (e.g., border smuggling, counterfeit documents, protective threats, or interstate crime with a federal hook);
(2) the assistance is memorialized in a written request or joint operations plan, except in emergencies; and
(3) the assistance does not convert federal officers into general State police.
(b) Emergency aid. In an immediate emergency involving risk of death or serious injury, federal officers may act to protect life irrespective of whether the underlying offense is federal or State, and shall notify State authorities as soon as practicable.
(c) Command and discipline. Federal officers remain under federal command and discipline. State officers remain under State command and discipline, unless otherwise agreed.
Chapter 7 — Federal Employment: Merit Appointment and Basic Standards§ 701. Merit principles; limited civil service
(a) Merit appointment. Federal employment shall be based on merit and fitness, demonstrated through fair and practical selection procedures.
(b) Core principles. The Union shall—
(1) recruit and select employees based on ability and integrity;
(2) maintain basic training for roles involving enforcement authority;
(3) protect employees from arbitrary discipline while preserving efficient service;
(4) maintain minimal bureaucracy consistent with public accountability.
(c) No implied entitlement. Federal employment is a public trust, not an entitlement, and remains subject to lawful discipline and removal.
§ 702. Categories of federal service
(a) Career service. Positions filled through merit selection and intended for ongoing service.
(b) Excepted service. Positions requiring special trust, specialized skills, or operational discretion, including protective, intelligence, and certain investigative roles.
(c) Temporary service. Short-term appointments to meet operational needs, including emergency response deployments.
(d) Probation. New career appointments may be subject to a probationary period during which suitability and performance are assessed under § 704.
§ 703. Appointment standards; oaths; suitability
(a) Oath. Each employee shall take an oath to support the Constitution and faithfully discharge duties.
(b) Suitability review. Bureaus may conduct background and suitability reviews proportionate to the sensitivity of the position, including identity verification and integrity checks.
(c) Fitness for duty. Enforcement positions may require periodic qualification, including firearms qualification where applicable.
(d) Records. Bureaus shall keep basic personnel records sufficient to document appointment, training, and discipline, without creating unnecessary administrative burden.
§ 704. Training and certification for enforcement positions
(a) Minimum training. Officers shall complete minimum training in constitutional limits, arrest and search authority, use-of-force, reporting, and ethical conduct.
(b) Component standards. Each enforcement component (UCICS, UCSS, UCCG, and other designated units) shall publish basic qualification standards.
(c) Failure to qualify. Failure to maintain required certification may result in reassignment, restriction of authority, or adverse action under Chapter 9.
(d) Remedial training. Where practicable, Bureaus should provide remedial training prior to removal, unless misconduct is severe or safety-critical.
Chapter 9 — Adverse Actions, Discipline, and Administrative Review§ 901. Purpose; efficiency of service; proportional discipline
(a) Purpose. This chapter ensures discipline is fair, documented, and proportionate, while preserving efficient service and public trust.
(b) Progressive discipline. When appropriate, discipline should be progressive (counseling, reprimand, suspension, removal). Progressive steps are not required for serious misconduct.
(c) Serious misconduct. Serious misconduct includes corruption, perjury, unlawful use of force, abuse of authority, credential misuse, theft, or conduct that gravely undermines mission.
§ 902. Covered actions
(a) Actions. Adverse actions include—
(1) reprimand or written counseling;
(2) suspension from duty (with or without pay as authorized by policy);
(3) demotion or reduction in duties;
(4) removal from federal service;
(5) revocation or restriction of enforcement authority.
(b) Immediate safety restriction. A supervisor may immediately restrict an employee’s enforcement authority pending investigation where necessary for safety or integrity, with written notice within 72 hours.
§ 903. Notice; statement of reasons; response
(a) Notice. Before a major adverse action (suspension exceeding 7 days, demotion, removal), the Bureau shall provide written notice stating:
(1) the proposed action;
(2) the factual basis with sufficient detail;
(3) the evidence relied upon, or where it may be reviewed;
(4) the opportunity to respond under subsection (b).
(b) Response. The employee may submit a written response and may request an informal meeting with the deciding official within a reasonable time set by policy, ordinarily not less than 5 business days.
(c) Representation. The employee may be accompanied by a representative of choice, at the employee’s expense, provided such representation does not disrupt operations or compromise classified information.
§ 904. Decision; record; effective date
(a) Deciding official. The deciding official shall be impartial and shall not be the primary investigator of the matter, where practicable in a small administration.
(b) Written decision. The decision shall be in writing and shall state:
(1) findings of fact;
(2) conclusions and policy grounds;
(3) the discipline imposed and why it is proportionate;
(4) appeal rights under § 905.
(c) Effective date. The decision shall state an effective date and any conditions (e.g., return of credentials, property, and records).
§ 905. Administrative appeal; final agency action
(a) Appeal right. An employee subject to a major adverse action may appeal to an internal administrative review authority designated by the Bureau Head.
(b) Record review; limited hearing. The review authority shall consider the record. A limited hearing may be held where credibility disputes are material and cannot be resolved on papers alone.
(c) Standard of review. The review authority shall uphold the action if supported by substantial evidence and consistent with law and policy. The authority may mitigate discipline if disproportionate.
(d) Finality. The appeal decision constitutes final Bureau action for purposes of this Code.
(e) Public trust exception. If the President determines that an officer’s continued service presents an urgent risk to public safety or protective operations, the President may direct immediate removal, with an expedited post-action review under this section.
Chapter 11 — Rulemaking, Orders, and Administrative Procedure§ 1101. Purpose; minimum due process in a small administration
(a) Purpose. This chapter provides a practical and minimal administrative procedure for federal rules and individual orders while maintaining accountability and fairness.
(b) Baseline principles. Bureau action should be: (1) lawful; (2) reasoned; (3) documented; (4) transparent to the extent feasible; and (5) reviewable within the executive branch.
§ 1102. Public guidance and procedures
(a) Public procedures. Each Bureau shall publish basic public procedures for interacting with the Bureau, including filing requests, applications, notices, and complaints.
(b) Plain language. Public guidance shall be written in reasonably plain language and avoid unnecessary complexity.
(c) Operational exceptions. This section does not require public disclosure of sensitive investigative methods, protective details, or classified information.
§ 1103. Rulemaking: notice and comment (simplified)
(a) When required. A Bureau shall use notice-and-comment rulemaking when adopting a rule that materially affects public rights or obligations, except where emergency or security necessity requires immediate action.
(b) Notice. The Bureau shall publish a notice stating: (1) the text or substance of the proposed rule; (2) the authority relied upon; (3) the purpose; and (4) how to submit comments.
(c) Comment period. The comment period should be not less than 15 days unless urgency requires a shorter period.
(d) Adoption. The final rule shall include a brief statement of basis and purpose and shall address major issues raised in comments.
(e) Emergency rules. An emergency rule may be adopted without prior comment where necessary to address an urgent threat to public safety, border integrity, protective operations, or national security; such rule shall be reviewed within 60 days and either continued through standard process or allowed to lapse.
§ 1104. Orders: notice; opportunity to be heard; written findings
(a) Applicability. This section applies to individual orders affecting a person’s status, property, or privileges under federal law (including fines, seizures, license denials, or removals under Title 8).
(b) Minimum notice. Except in emergencies, the Bureau shall provide written notice stating the action proposed or taken, legal authority, and factual basis.
(c) Opportunity to respond. The affected person shall be afforded an opportunity to submit a written response and supporting materials within a reasonable time, except where immediate action is required.
(d) Written decision. Final orders shall include brief written findings and any available internal review path.
§ 1105. Administrative records; retention; access
(a) Recordkeeping. Bureaus shall maintain records sufficient to document significant actions, including rules, delegations, major orders, seizures, and adverse employment actions.
(b) Retention. Retention schedules shall be practical and shall prioritize mission-critical records and accountability.
(c) Access. Records shall be available for internal review and public inspection where appropriate, subject to privacy, security, and investigative confidentiality.
Chapter 13 — Intergovernmental Cooperation and Preemption§ 1301. State sovereignty; presumption against preemption
(a) State sovereignty. The States retain general police power and primary responsibility for domestic law, health, education, welfare, and other non-enumerated matters.
(b) Presumption. Federal action shall not be construed to preempt State law unless:
(1) this Code expressly preempts State law in a narrow area; or
(2) State law directly conflicts with a federal function such that compliance with both is impossible, or State law obstructs execution of a federal function.
(c) Minimum displacement. Where conflict exists, the Union shall seek the least intrusive remedy consistent with executing federal law.
§ 1302. Cooperative agreements; task forces; custody and venue
(a) Agreements. Bureaus may enter cooperative agreements with States for shared facilities, communications, training, and temporary detention support, provided such agreements do not transfer State sovereignty.
(b) Task forces. Joint task forces may be formed for mixed-jurisdiction threats (e.g., smuggling, document fraud, protective threats), with a written plan establishing:
(1) mission scope;
(2) command structure;
(3) evidence handling and reporting;
(4) arrest/custody protocols for federal vs. State charges.
(c) Custody. Persons arrested on federal authority remain federal detainees for purposes of process, even if held temporarily in State facilities.
(d) Venue and proceedings. Where this Code requires “proceedings,” Bureaus shall use administrative proceedings unless another title provides a different mechanism.
§ 1303. Federal exemptions; compliance with State law where practicable
(a) General rule. The Union and its employees acting within lawful federal authority are generally exempt from State permitting and licensing requirements that would directly control federal operations.
(b) Respectful compliance. Where State requirements do not obstruct a federal function, Bureaus should comply as a matter of comity and good governance (e.g., building safety coordination for federal facilities, traffic safety when operating vehicles).
(c) No immunity for misconduct. This section does not immunize employees from accountability for criminal misconduct; it addresses only regulatory control over lawful federal operations.
(d) Scope disputes. Any dispute regarding whether a State requirement obstructs a federal function shall be resolved by the Bureau Head in a written determination, subject to review by the President or designee.
Cross-References§ 1401. Related provisions
(a) Title 8 (Immigration and Nationality). For UCICS authorities, admissions, removals, and immigration enforcement procedures.
(b) Title 10 (Armed Forces). For Bureau of Defense structure, militia federalization, and defense readiness standards.
(c) Title 18 (Crimes and Criminal Procedure). For federal crimes, penalties, and criminal enforcement authorities applicable to Bureau operations.
(d) Title 19 (Customs Duties). For customs authorities and enforcement at ports of entry and borders.
(e) Title 39 (Postal Service). For postal administration and UCPS/UCPIS authorities.
(f) Title 50 (National Security). For foreign intelligence and counterintelligence authorities applicable to IIA operations.
Historical note: This codification is maintained as an administrative compilation of general and permanent federal rules and statutes of the Union of Columbia. |