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5 U.S.C. § 1105 — Administrative procedure

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

5 U.S.C. § 1105 — Administrative procedure

Subject to [section 1103(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1103/b&num=0&edition=prelim), in the exercise of the functions assigned under this chapter, the Director shall be subject to subsections (b), (c), and (d) of [section 553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), notwithstanding subsection (a) of such section 553.

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Source location: Title 5, Chapter 11, § 1105; chapter-011-office-of-personnel-management.md

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

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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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

22 U.S.C. § 2385 — Employment of personnel

**(a) Authorization** Any agency or officer of the United States Government carrying out functions under this chapter is authorized to employ such personnel as the President deems necessary to carry out the provisions and purposes of this chapter. **(b) Appointments excepted from civil-service laws; supergrade positions; reinstatement** Of the personnel employed in the United States to carry out subchapter I of this chapter or coordinate subchapter I and subchapter II of this chapter, not to exceed one hundred and ten may be appointed, compensated, or removed without regard to the provisions of any law, of whom not to exceed fifty-one may be compensated at rates higher than those provided for grade 15 of the general schedule established by [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim), but not in excess of the highest rate of grade 18 of such general schedule: Provided, That, under such regulations as the President shall prescribe, officers and employees of the United States Government who are appointed to any of the above positions may be entitled, upon removal from such position, to reinstatement to the position occupied at the time of appointment or to a position of comparable grade and salary. Such positions shall be in addition to those authorized by law to be filled by Presidential appointment, and in addition to the number authorized by [section 5108 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5108&num=0&edition=prelim). **(c) Additional supergrade positions** Of the personnel employed in the United States to carry out subchapter II of this chapter, or any Act superseding subchapter II of this chapter in whole or in part, not to exceed e

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

22 U.S.C. § 2454 — Administration

**(a) Delegation of powers; submission of proposal for delegation to Congress** The President may delegate, to such officers of the Government as he determines to be appropriate, any of the powers conferred upon him by this chapter to the extent that he finds such delegation to be in the interest of the purposes expressed in this chapter and the efficient administration of the programs undertaken pursuant to this chapter: Provided, That where the President has delegated any of such powers to any officer, before the President implements any proposal for the delegation of any of such powers to another officer, that proposal shall be submitted to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate, and thereafter a period of not less than sixty days shall have elapsed while Congress is in session. In computing such sixty days, there shall be excluded the days on which either House is not in session because of an adjournment of more than three days. **(b) Employment of personnel** The President is authorized to employ such other personnel as he deems necessary to carry out the provisions and purposes of this chapter, and of such personnel not to exceed ten may be compensated without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, but not in excess of the highest rate of grade 18 of the General Schedule. Such positions shall be in addition to the number authorized by [section 5108 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5108&num=0&edition=prelim). **(c) Repealed. Pub. L. 96–465, title II, § 2205(7), Oct. 17, 1980, 94 Stat. 2160** **(d) Extension of benefits** For the purpose of performing functions under this chapter outside the United States,

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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

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

5 U.S.C. § 1105 — Administrative procedure

Page 269 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1105 1 So in original. Does not conform to section catchline. sections 11–13 of 1965 Reorganization Plan No. 4, effec- tive July 27, 1965. Editorial Notes AMENDMENTS 1995—Subsec. (a). Pub. L. 104–52, § 1(1)(B), struck out closing provisions which read as follows: ‘‘except that the Director may not delegate authority for competi- tive examinations with respect to positions that have requirements which are common to agencies in the Federal Government, other than in exceptional cases in which the interests of economy and efficiency require such delegation and in which such delegation will not weaken the application of the merit system prin- ciples.’’ Subsec. (a)(2). Pub. L. 104–52, § 1(1)(A), inserted ‘‘, the cost of which examinations shall be reimbursed by pay- ments from the agencies employing such judges to the revolving fund established under section 1304(e)’’ after ‘‘title’’ and substituted period for semicolon at end. Subsec. (b)(4). Pub. L. 104–52, § 1(2), added par. (4). 1978—Pub. L. 95–454 substituted ‘‘Delegation of au- thority for personnel management’’ for ‘‘Functions of Chairman’’ in section catchline, and in text provisions relating to the delegation of authority for personnel management for provisions relating to functions of the Chairman of the United States Civil Service Commis- sion. Statutory Notes and Related Subsidiaries 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. § 1105. Administrative procedure Subject to section 1103(b) of this title, in the exercise of the functions assigned under this chapter, the Director shall be subject t

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