U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart F— Labor-Management and Employee Relations › Chapter CHAPTER 73— SUITABILITY, SECURITY, AND CONDUCT › Subchapter SUBCHAPTER II— EMPLOYMENT LIMITATIONS

5 U.S.C. § 7313

Riots and civil disorders

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(a) An individual convicted by any Federal, State, or local court of competent jurisdiction of—(1) inciting a riot or civil disorder;(2) organizing, promoting, encouraging, or participating in a riot or civil disorder;(3) aiding or abetting any person in committing any offense specified in clause (1) or (2); or(4) any offense determined by the head of the employing agency to have been committed in furtherance of, or while participating in, a riot or civil disorder;shall, if the offense for which he is convicted is a felony, be ineligible to accept or hold any position in the Government of the United States or in the government of the District of Columbia for the five years immediately following the date upon which his conviction becomes final. Any such individual holding a position in the Government of the United States or the government of the District of Columbia on the date his conviction becomes final shall be removed from such position.(b) For the purposes of this section, “felony” means any offense for which imprisonment is authorized for a term exceeding one year.(Added Pub. L. 90–351, title V, § 1001(a), June 19, 1968, 82 Stat. 235.)Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 90–351, title V, § 1002, June 19, 1968, 82 Stat. 235, provided that: “The provisions of section 1001(a) of this title [enacting this section] shall apply only with respect to acts referred to in section 7313(a)(1)–(4) of title 5, United States Code, as added by section 1001 of this title, which are committed after the date of enactment of this title [June 19, 1968].”

Receipt of Benefits Under Laws Providing Relief for Disaster Victims

Pub. L. 90–448, title XI, § 1106(e), Aug. 1, 1968, 82 Stat. 567, provided that: “No person who has been convicted of committing a felony during and in connection with a riot or civil disorder shall be permitted, for a period of one year after the date of his conviction, to receive any benefit under any law of the United States providing relief for disaster victims.”

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1979–2026 · leading case: John Doe v. William H. Webster, Dir., Fbi, 606 F.2d 1226 (D.C. Cir. 1979).
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John Doe v. William H. Webster, Dir., Fbi, 606 F.2d 1226 (D.C. Cir. 1979). “, 5 U.S.C. § 7313 (1976) or requiring forfeiture of public office for individuals convicted of specific offenses, e.”
Roderick Elliott v. Dep't of Homeland Sec. (MSPB 2026). · cites it 4× “at 20-26 ; (4) the administrative judge erroneously applied 5 U.S.C. § 7313 , id. at 26-27 ; (5) the administrative judge violated his right to a fair and impartial hearing, id.”
Wendell Terry Rogers v. Dep't of Def., 2015 MSPB 5 (MSPB 2015). “4 suspended; and (3) the employee was provided with the procedural protections specified in 5 U.S.C. § 7313 . Hesse v. Department of State, 217 F.”
Harold Anthony Coghlan v. Dep't of the Army (MSPB 2016). “Rather, in an appeal of an adverse action based on the denial, revocation, or suspension of a security clearance, the Board generally will review only whether: (1) the employee’s position required a security clearance; (2) the clearance was denied, revoked, or suspended; and (3)…”
Pablo Ramos-Torres v. Dep't of Vets. Affairs (MSPB 2022). “, citing 5 U.S.C. § 7313 (b) rather than 5 U.S.C. § 7513 (b)) and the occasional use of the wrong gender when referring to the appellant.”
Mathew Haupt v. Dep't of Def. (MSPB 2023). “671 , ¶ 5 (2015) (indicating that the Board will generally only review whether: (1) the employee’s position required a security clearance; (2) the clearance was denied, revoked, or suspended; and (3) the employee was provided with the procedural protections specified in 5 U.S.C.…”
Adkison v. Dep't of the Navy, 6 F. App'x 903 (Fed. Cir. 2001). “In a pro forma decision dated September 29, 2000 the Board denied her appeal without discussion. The administrative judge had declined to stay the MSPB action pending Ms.”
Freitas v. Dep't of Army, 13 F. App'x 938 (Fed. Cir. 2001). “5 U.S.C. § 7313 (a). In deciding whether an incident constitutes a threat, the Board must apply a reasonable person criterion, considering the listeners’ reactions and apprehensions, the wording of the statement, the speaker’s intent, and the attendant circumstances.”
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