5 U.S.C. § 7352
Section 7352 · Excessive and habitual use of intoxicants
Amended 1 time on record
Applied in 3 court decisions — leading case Doe v. Weinberger (1987)
Most recently applied in American Trucking Associations, Incorporated v. Federal Highway Administration United States Department of Transportation United States of America (April 1995)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
An individual who habitually uses intoxicating beverages to excess may not be employed in the competitive service.
Editorial notes U.S. Code · Office of the Law Revision Counsel
The word “employed” is substituted for “appointed to, or retained in” because it includes both.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.