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5 U.S.C. § 1104 — Delegation of authority for personnel management

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1104 — Delegation of authority for personnel management

**(a)** Subject to subsection (b)(3) of this section— (1) the President may delegate, in whole or in part, authority for personnel management functions, including authority for competitive examinations, to the Director of the Office of Personnel Management; and (2) the Director may delegate, in whole or in part, any function vested in or delegated to the Director, including authority for competitive examinations (except competitive examinations for administrative law judges appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), the cost of which examinations shall be reimbursed by payments from the agencies employing such judges to the revolving fund established under section 1304(e)), to the heads of agencies in the executive branch and other agencies employing persons in the competitive service. **(b)** (1) The Office shall establish standards which shall apply to the activities of the Office or any other agency under authority delegated under subsection (a) of this section. (2) The Office shall establish and maintain an oversight program to ensure that activities under any authority delegated under subsection (a) of this section are in accordance with the merit system principles and the standards established under paragraph (1) of this subsection. (3) Nothing in subsection (a) of this section shall be construed as affecting the responsibility of the Director to prescribe regulations and to ensure compliance with the civil service laws, rules, and regulations. (4) At the request of the head of an agency to whom a function has been delegated under subsection (a)(2), the Office may provide assistance to the agency in performing such function. Such assistance shall, to the

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Stable record: federal_law:legal_authorities:record_usc_0a86ee56700f4f245bb4eb48
Source file: Laws/federal/codes/united-states-code/title-5/section-1104-delegation-of-authority-for-personnel-management--de633ce0f1.md
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Source location: Title 5, Chapter 11, § 1104; chapter-011-office-of-personnel-management.md

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**(a)** Subject to subsection (b)(3) of this section— (1) the President may delegate, in whole or in part, authority for personnel management functions, including authority for competitive examinations, to the Director of the Office of Personnel Management; and (2) the Director may delegate, in whole or in part, any function vested in or delegated to the Director, including authority for competitive examinations (except competitive examinations for administrative law judges appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), the cost of which examinations shall be reimbursed by payments from the agencies employing such judges to the revolving fund established under section 1304(e)), to the heads of agencies in the executive branch and other agencies employing persons in the competitive service. **(b)** (1) The Office shall establish standards which shall apply to the activities of the Office or any other agency under authority delegated under subsection (a) of this section. (2) The Office shall establish and maintain an oversight program to ensure that activities under any authority delegated under subsection (a) of this section are in accordance with the merit system principles and the standards established under paragraph (1) of this subsection. (3) Nothing in subsection (a) of this section shall be construed as affecting the responsibility of the Director to prescribe regulations and to ensure compliance with the civil service laws, rules, and regulations. (4) At the request of the head of an agency to whom a function has been delegated under subsection (a)(2), the Office may provide assistance to the agency in performing such function. Such assistance shall, to the extent determined appropriate by the Director of the Office, be performed on a reimbursable basis through the revolving fund established under section 1304(e). **(c)** If the Office makes a written finding, on the basis of information obtained under the program established under subsection (b)(2) of this section or otherwise, that any action taken by an agency pursuant to authority delegated under subsection (a)(2) of this section is contrary to any law, rule, or regulation, or is contrary to any standard established under subsection (b)(1) of this section, the agency involved shall take any corrective action the Office may require.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3105 — Appointment of administrative law judges

Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1103 — Functions of the Director

**(a)** The following functions are vested in the Director of the Office of Personnel Management, and shall be performed by the Director, or subject to [section 1104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1104&num=0&edition=prelim), by such employees of the Office as the Director designates: (1) securing accuracy, uniformity, and justice in the functions of the Office; (2) appointing individuals to be employed by the Office; (3) directing and supervising employees of the Office, distributing business among employees and organizational units of the Office, and directing the internal management of the Office; (4) directing the preparation of requests for appropriations for the Office and the use and expenditure of funds by the Office; (5) executing, administering, and enforcing— (A) the civil service rules and regulations of the President and the Office and the laws governing the civil service; and (B) the other activities of the Office including retirement and classification activities; except with respect to functions for which the Merit Systems Protection Board or the Special Counsel is primarily responsible; (6) reviewing the operations under chapter 87 of this title; (7) aiding the President, as the President may request, in preparing such civil service rules as the President prescribes, and otherwise advising the President on actions which may be taken to promote an efficient civil service and a systematic application of the merit system principles, including recommending policies relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and separation of employees; (8) conducting, or otherwise providing for the conduct of, studies and research under chapter 47

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1103

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5111 — Revocation and restoration of authority to classify positions

**(a)** When the Office of Personnel Management finds that an agency is not placing positions in classes and grades in conformance with or consistently with published standards, it may revoke or suspend the authority granted to the agency by [section 5107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5107&num=0&edition=prelim) and require that prior approval of the Office be secured before an action placing a position in a class and grade becomes effective for payroll and other personnel purposes. The Office may limit the revocation or suspension to— (1) the departmental or field service, or any part thereof; (2) a geographic area; (3) an organization unit or group of organization units; (4) certain types of classification actions; (5) classes in particular occupational groups or grades; or (6) classes for which standards have not been published. **(b)** After revocation or suspension, the Office may restore the authority to the extent that it is satisfied that later actions placing positions in classes and grades will be in conformance with or consistent with published standards.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3172 — Procedures

**(a)** Not later than 180 days after October 14, 1994, the President shall, by Executive order or regulation, establish procedures to govern access to classified information which shall be binding upon all departments, agencies, and offices of the executive branch of Government. Such procedures shall, at a minimum— (1) provide that, except as may be permitted by the President, no employee in the executive branch of Government may be given access to classified information by any department, agency, or office of the executive branch of Government unless, based upon an appropriate background investigation, such access is determined to be clearly consistent with the national security interests of the United States; (2) establish uniform minimum requirements governing the scope and frequency of background investigations and reinvestigations for all employees in the executive branch of Government who require access to classified information as part of their official responsibilities; (3) provide that all employees in the executive branch of Government who require access to classified information shall be required as a condition of such access to provide to the employing department or agency written consent which permits access by an authorized investigative agency to relevant financial records, other financial information, consumer reports, travel records, and computers used in the performance of Government duties, as determined by the President, in accordance with [section 3162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3162&num=0&edition=prelim), during the period of access to classified information and for a period of three years thereafter; (4) provide that all employees in the executive branch of Government who require

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3172

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1104 — Delegation of authority for personnel

Page 268 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1104 Editorial Notes AMENDMENTS 2002—Subsec. (c). Pub. L. 107–296 added subsec. (c). 1986—Subsec. (a)(9). Pub. L. 99–251, § 301, added par. (9). Subsec. (b)(4). Pub. L. 99–251, § 302, added par. (4). 1978—Pub. L. 95–454 substituted ‘‘Functions of the Di- rector’’ for ‘‘Chairman; Vice Chairman; Executive Di- rector’’ in section catchline, and in text provisions re- lating to the functions of the Director of the Office of Personnel Management for provisions relating to the Chairman, Vice Chairman, and Executive Director of the United States Civil Service Commission. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–296, title XIII, § 1305, Nov. 25, 2002, 116 Stat. 2289, provided that: ‘‘This subtitle [subtitle A (§§ 1301–1305) of title XIII of Pub. L. 107–296, enacting chapter 14 of this title, amending this section, and en- acting provisions set out as a note under section 1401 of this title] shall take effect 180 days after the date of en- actment of this Act [Nov. 25, 2002].’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. § 1104. Delegation of authority for personnel management (a) Subject to subsection (b)(3) of this sec- tion— (1) the President may delegate, in whole or in part, authority for personnel management functions, including authority for competitive examinations, to the Director of the Office of Personnel Management; and (2) the Director may delegate, in whole or in part, any function vested in or delegated to the Director, including authority for competi- tive examinations (except competitive exami-

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 1104

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