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

Page 256 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1101 Chap. Sec. 15. Political Activity of Certain State and Local Employees ...................... 1501 Editorial Notes AMENDMENTS 2002—Pub. L. 107–296, title XIII, § 1302(b), Nov. 25, 2002, 116 Stat. 2288, added item for chapter 14. 1992—Pub. L. 102–378, § 2(1), Oct. 2, 1992, 106 Stat. 1346, substituted ‘‘Employee’’ for ‘‘Individual’’ in item for chapter 12. 1989—Pub. L. 101–12, § 3(b)(1), Apr. 10, 1989, 103 Stat. 31, substituted ‘‘, Office of Special Counsel, and Individual Right of Action’’ for ‘‘and Special Counsel’’ in item for chapter 12. 1978—Pub. L. 95–454, title II, § 201(c)(1), Oct. 13, 1978, 92 Stat. 1121, substituted ‘‘CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES’’ for ‘‘THE UNITED STATES CIVIL SERVICE COMMISSION’’ in heading for Part II. Pub. L. 95–454, title II, § 201(c)(2), Oct. 13, 1978, 92 Stat. 1121, substituted ‘‘Office of Personnel Management’’ for ‘‘Organization’’ in item for chapter 11. Pub. L. 95–454, title II, § 202(d), Oct. 13, 1978, 92 Stat. 1131, added item for chapter 12. CHAPTER 11—OFFICE OF PERSONNEL MANAGEMENT Sec. 1101. Office of Personnel Management. 1102. Director; Deputy Director; Associate Direc- tors. 1103. Functions of the Director. 1104. Delegation of authority for personnel man- agement. 1105. Administrative procedure. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454, title II, § 201(a), Oct. 13, 1978, 92 Stat. 1119, substituted in chapter heading ‘‘OFFICE OF PERSONNEL MANAGEMENT’’ for ‘‘ORGANIZATION’’, in item 1101 ‘‘Office of Personnel Management’’ for ‘‘Appointment of Commissioners’’, in item 1102 ‘‘Direc- tor; Deputy Director; Associate Directors’’ for ‘‘Term of office; filling vacancies; removal’’, in item 1103 ‘‘Functions of the Director’’ for ‘‘Chairman; Vice Chair- man; Executive Director’’, in item 1104 ‘‘Delegation of authority for personnel management’’ for ‘‘Functions of Chairman’’, and in item 1105 ‘‘Administrative proce- dure’’ for ‘‘Boards of examiners’’. § 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 398; Pub. L. 95–454, title II, § 201(a), Oct. 13, 1978, 92 Stat. 1119.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 632 (1st par.). Jan. 16, 1883, ch. 27, § 1 (1st par.), 22 Stat. 403. The words ‘‘official place under the United States’’ are changed to ‘‘another office or position in the Gov- ernment’’ of the ‘‘United States’’ to conform to the present legislative use of ‘‘office’’ and ‘‘position’’. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Appointment of Commissioners’’ in section catchline, and in text provisions relating to the establishment, etc., of the Office of Personnel Manage- ment for provisions relating to the appointment of members to the United States Civil Service Commis- sion. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–454, title IX, § 907, Oct. 13, 1978, 92 Stat. 1227, provided that: ‘‘Except as otherwise expressly pro- vided in this Act, the provisions of this Act [see Tables for classification] shall take effect 90 days after the date of the enactment of this Act [Oct. 13, 1978].’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–378, § 1(a), Oct. 2, 1992, 106 Stat. 1346, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Technical and Miscellaneous Civil Service Amendments Act of 1992’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–224, § 1, Mar. 2, 1984, 98 Stat. 47, provided that: ‘‘This Act [amending sections 1304, 3323, 4108, 4109, 7104, and 7122 of this title] may be cited as the ‘Civil Service Miscellaneous Amendments Act of 1983’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–454, § 1, Oct. 13, 1978, 92 Stat. 1111, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Civil Service Reform Act of 1978’.’’ SAVINGS PROVISION Pub. L. 95–454, title IX, § 902, Oct. 13, 1978, 92 Stat. 1223, provided that: ‘‘(a) Except as otherwise provided in this Act [see Ta- bles for classification], all executive orders, rules, and regulations affecting the Federal service shall continue in effect, according to their terms, until modified, ter- minated, superseded, or repealed by the President, the Office of Personnel Management, the Merit Systems Protection Board, the Equal Employment Opportunity Commission, or the Federal Labor Relations Authority with respect to matters within their respective juris- dictions. ‘‘(b) No provision of this Act [see Tables for classi- fication] shall affect any administrative proceedings pending at the time such provision takes effect. Orders shall be issued in such proceedings and appeals shall be taken therefrom as if this Act had not been enacted. ‘‘(c) No suit, action, or other proceeding lawfully commenced by or against the Director of the Office of Personnel Management or the members of the Merit Systems Protection Board, or officers or employees thereof, in their official capacity or in relation to the discharge of their official duties, as in effect imme- diately before the effective date of this Act [see Effec- tive Date of 1978 Amendment note above], shall abate by reason of the enactment of this Act [see Tables for classification]. Determinations with respect to any such suit, action, or other proceeding shall be made as if this Act had not been enacted.’’ TRANSMITTAL OF RECORD RELATING TO PRESI- DENTIALLY APPOINTED POSITIONS TO PRESIDENTIAL CANDIDATES Pub. L. 108–458, title VIII, § 8403(b), Dec. 17, 2004, 118 Stat. 3870, as amended by Pub. L. 111–283, § 2(c)(2), Oct. 15, 2010, 124 Stat. 3048, provided that: Page 257 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1101 ‘‘(1) DEFINITION.—In this section, the term ‘major party’ has the meaning given that term under section 9002(6) of the Internal Revenue Code of 1986 [26 U.S.C. 9002(6)]. ‘‘(2) TRANSMITTAL.— ‘‘(A) IN GENERAL.—Not later than 15 days after the date on which a major party nominates a candidate for President, the Office of Personnel Management shall transmit an electronic record to that candidate on Presidentially appointed positions. (B) OTHER CANDIDATES.—After making transmittals under subparagraph (A), the Office of Personnel Man- agement shall transmit such electronic record to any other candidate for President who is an eligible can- didate described in section 3(h)(4)(B) of the Presi- dential Transition Act of 1963 [Pub. L. 88–277] (3 U.S.C. 102 note) and may transmit such electronic record to any other candidate for President. ‘‘(3) CONTENT.—The record transmitted under this subsection shall provide— ‘‘(A) all positions which are appointed by the Presi- dent, including the title and description of the duties of each position; ‘‘(B) the name of each person holding a position de- scribed under subparagraph (A); ‘‘(C) any vacancy in the positions described under subparagraph (A), and the period of time any such po- sition has been vacant; ‘‘(D) the date on which an appointment made after the applicable Presidential election for any position described under subparagraph (A) is necessary to en- sure effective operation of the Government; and ‘‘(E) any other information that the Office of Per- sonnel Management determines is useful in making appointments.’’ TRANSFER TO OFFICE OF PERSONNEL MANAGEMENT OF PERSONNEL INVESTIGATIVE FUNCTIONS AND RELATED PERSONNEL OF THE DEPARTMENT OF DEFENSE Pub. L. 108–136, div. A, title IX, § 906, Nov. 24, 2003, 117 Stat. 1561, provided that: ‘‘(a) TRANSFER OF FUNCTIONS.—(1) Subject to sub- section (b), the Secretary of Defense may transfer to the Office of Personnel Management the personnel se- curity investigations functions that, as of the date of the enactment of this Act [Nov. 24, 2003], are performed by the Defense Security Service of the Department of Defense. Such a transfer may be made only with the concurrence of the Director of the Office of Personnel Management. ‘‘(2) The Director of the Office of Personnel Manage- ment may accept a transfer of functions under para- graph (1). ‘‘(3) Any transfer of a function under this subsection is a transfer of function within the meaning of section 3503 of title 5, United States Code. ‘‘(b) LIMITATION.—(1) The Secretary of Defense may not make a transfer of functions under subsection (a) unless the Secretary determines, and certifies in writ- ing to the Committee on Armed Services of the House of Representatives and the Committee on Armed Serv- ices of the Senate, that each of the conditions specified in paragraph (2) has been met. Such a transfer may then be made only after a period of 30 days has elapsed after the date on which the certification is received by those committees. ‘‘(2) The conditions referred to in paragraph (1) are the following: ‘‘(A) That the Office of Personnel Management is fully capable of carrying out high-priority investiga- tions required by the Secretary of Defense within a timeframe set by the Secretary of Defense. ‘‘(B) That the Office of Personnel Management has undertaken necessary and satisfactory steps to en- sure that investigations performed on Department of Defense contract personnel will be conducted in an expeditious manner sufficient to ensure that those contract personnel are available to the Department of Defense within a timeframe set by the Secretary of Defense. ‘‘(C) That the Department of Defense will retain ca- pabilities in the form of Federal employees to mon- itor and investigate Department of Defense and con- tractor personnel as necessary to perform counter- intelligence functions and polygraph activities of the Department. ‘‘(D) That the authority to adjudicate background investigations will remain with the Department of Defense and that the transfer of Defense Security Service personnel to the Office of Personnel Manage- ment will improve the speed and efficiency of the ad- judication process. ‘‘(E) That the Department of Defense will retain within the Defense Security Service sufficient per- sonnel and capabilities to improve Department of De- fense industrial security programs and practices. ‘‘(c) TRANSFER OF PERSONNEL.—(1) If the Director of the Office of Personnel Management accepts a transfer of functions under subsection (a), the Secretary of De- fense shall also transfer to the Office of Personnel Man- agement, and the Director shall accept— ‘‘(A) the Defense Security Service employees who perform those functions immediately before the transfer of functions; and ‘‘(B) the Defense Security Service employees who, as of such time, are first level supervisors of employ- ees transferred under subparagraph (A). ‘‘(2) The Secretary may also transfer to the Office of Personnel Management any Defense Security Service employees (including higher level supervisors) who pro- vide support services for the performance of the func- tions transferred under subsection (a) or for the per- sonnel (including supervisors) transferred under para- graph (1) if the Director— ‘‘(A) determines that the transfer of such additional employees and the positions of such employees to the Office of Personnel Management is necessary in the interest of effective performance of the transferred functions; and ‘‘(B) accepts the transfer of the additional employ- ees. ‘‘(3) In the case of an employee transferred to the Of- fice of Personnel Management under paragraph (1) or (2), whether a full-time or part-time employee— ‘‘(A) subsections (b) and (c) of section 5362 of title 5, United States Code, relating to grade retention, shall apply to the employee, except that— ‘‘(i) the grade retention period shall be the one- year period beginning on the date of the transfer; and ‘‘(ii) paragraphs (1), (2), and (3) of such subsection (c) shall not apply to the employee; and ‘‘(B) the employee may not be separated, other than pursuant to chapter 75 of title 5, United States Code, during such one-year period. ‘‘(d) ACTIONS AFTER TRANSFER.—(1) Not later than one year after a transfer of functions to the Office of Personnel Management under subsection (a), the Direc- tor of the Office of Personnel Management, in coordina- tion with the Secretary of Defense, shall review all functions performed by personnel of the Defense Secu- rity Service at the time of the transfer and make a written determination regarding whether each such function is inherently governmental or is otherwise in- appropriate for performance by contractor personnel. ‘‘(2) A function performed by Defense Security Serv- ice [now Defense Counterintelligence and Security Agency] employees as of the date of the enactment of this Act [Nov. 24, 2003] may not be converted to con- tractor performance by the Director of the Office of Personnel Management until— ‘‘(A) the Director reviews the function in accord- ance with the requirements of paragraph (1) and makes a written determination that the function is not inherently governmental and is not otherwise in- appropriate for contractor performance; and ‘‘(B) the Director conducts a public-private com- petition regarding the performance of that function in accordance with the requirements of the Office of Management and Budget Circular A–76.’’ Page 258 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1101 FEDERAL FLEXIBLE BENEFITS PLAN ADMINISTRATIVE COSTS Pub. L. 108–136, div. A, title XI, § 1127, Nov. 24, 2003, 117 Stat. 1640, provided that: ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law, an agency or other employing entity of the Government which provides or plans to provide a flexi- ble spending account option for its employees shall not impose any fee with respect to any of its employees in order to defray the administrative costs associated therewith. ‘‘(b) OFFSET OF ADMINISTRATIVE COSTS.—Each such agency or employing entity that offers a flexible spend- ing account option under a program established or ad- ministered by the Office of Personnel Management shall periodically forward to such Office, or entity des- ignated by such Office, the amount necessary to offset the administrative costs of such program which are at- tributable to such agency. ‘‘(c) REPORTS.—(1) The Office shall submit a report to the Committee on Government Reform [now Com- mittee on Oversight and Accountability] of the House of Representatives and the Committee on Govern- mental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate no later than March 31, 2004, specifying the administrative costs as- sociated with the Governmentwide program (referred to in subsection (b)) for fiscal year 2003, as well as the projected administrative costs of such program for each of the 5 fiscal years thereafter. ‘‘(2) At the end of each of the first 3 calendar years in which an agency or other employing entity offers a flexible spending account option under this section, such agency or entity shall submit a report to the Of- fice of Management and Budget showing the amount of its employment tax savings in such year which are at- tributable to such option, net of administrative fees paid under subsection (b).’’ COMBINED FEDERAL CAMPAIGN BROCHURE LIST AND GENERAL DESIGNATION OPTION FOR INTERNATIONAL AGENCIES Pub. L. 102–393, title V, § 532, Oct. 6, 1992, 106 Stat. 1763, provided that: ‘‘Notwithstanding any other provi- sion of law, beginning October 1, 1992, and thereafter, no funds made available to the Office of Personnel Management may be used to prepare, promulgate, or implement any rules or regulations relating to the Combined Federal Campaign unless such rules or regu- lations include a Combined Federal Campaign brochure list and general designation option solely for inter- national agencies, which list (listed by Federation in the case of affiliated agencies) and option shall include only those international agencies that elect in their annual application to be included under such list and option rather than under the national agencies list and option: Provided, That such limitation on the use of funds shall not apply to any activities related to the 1992 Combined Federal Campaign.’’ REPORT ON PRODUCTIVITY OF FEDERAL WORKFORCE; DEADLINE Pub. L. 101–509, title V, § 535, Nov. 5, 1990, 104 Stat. 1470, directed Office of Personnel Management to re- view and report to Congress, not later than 24 months after Nov. 5, 1990, on the productivity of the Federal workforce, such report to include recommendations with regard to (1) how productivity within the Federal workforce can be increased, the delivery of Government services improved, and the payroll costs of Government controlled through improved organization, training, ad- vanced technology, and modern management practices, (2) the size, structure, and composition of the Federal workforce, (3) criteria for use by departments and agen- cies to determine the level of personnel necessary to accomplish their functions and goals, and (4) changes in Federal law, regulations, and administrative practices to promote economy, productivity, effectiveness, and managerial accountability within the Federal work- force. FUNDS FOR PREPARATION, PROMULGATION, OR IMPLE- MENTATION OF REGULATIONS RELATING TO COMBINED FEDERAL CAMPAIGN; ELIGIBILITY CRITERIA Pub. L. 100–202, § 101(m) [title VI, § 618], Dec. 22, 1987, 101 Stat. 1329–390, 1329–423, provided that: ‘‘(a) None of the funds appropriated by this Act, or any other Act in this or any fiscal year hereafter, may be used in preparing, promulgating, or implementing any regulations relating to the Combined Federal Cam- paign if such regulations are not in conformance with subsection (b). ‘‘(b)(1)(A) Any requirements for eligibility to receive contributions through the Combined Federal Campaign shall not, to the extent that such requirements relate to litigation, public-policy advocacy, or attempting to influence legislation, be any more restrictive than any requirements established with respect to those subject matters under section 501(c)(3) or 501(h) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3), (h)]. ‘‘(B) Any requirements for eligibility to receive con- tributions through the Combined Federal Campaign shall, to the extent that such requirements relate to any subject matter other than one referred to in sub- paragraph (A), remain the same as the criteria in the 1984 regulations, except as otherwise provided in this section. ‘‘(C) Notwithstanding any requirement referred to in subparagraph (A) or (B), for purposes of any Combined Federal Campaign— ‘‘(i) any voluntary agency or federated group which was a named plaintiff as of September 1, 1987, in a case brought in the United States District Court for the District of Columbia, and designated as Civil Ac- tion No. 83–0928 or 86–1367, and ‘‘(ii) The Federal Employee Education and Assist- ance Fund, shall be considered to have national eligibility. ‘‘(D) Public accountability standards shall remain similar to the standards which were by regulation es- tablished with respect to the 1984–1987 Combined Fed- eral Campaigns, except that the Office of Personnel Management shall prescribe regulations under which a voluntary agency or federated group which does not ex- ceed a certain size (as established under such regula- tions) may submit a copy of an appropriate Federal tax return, rather than complying with any independent auditing requirements which would otherwise apply. ‘‘(2)(A) A voluntary agency or federated group shall, for purposes of any Combined Federal Campaign in any year, be considered to have national eligibility if such agency or group— ‘‘(i) complies with all requirements for eligibility to receive contributions through the Combined Fed- eral Campaign, without regard to any requirements relating to ‘local presence’; and ‘‘(ii) demonstrates that it provided services, bene- fits, or assistance, or otherwise conducted program activities, in— ‘‘(I) 15 or more different States over the 3-year pe- riod immediately preceding the start of the year in- volved; or ‘‘(II) several foreign countries or several parts of a foreign country. For purposes of this subparagraph, an agency or fed- erated group shall be considered to have conducted pro- gram activities in the required number of States, coun- tries, or parts of a country, over the period of years in- volved, if such agency or group conducted program ac- tivities in such number of States, countries, or parts ei- ther in any single year during such period or in the ag- gregate over the course of such period, provided that no State, country, or part of a country is counted more than once. ‘‘(B) Notwithstanding any other provisions, eligi- bility requirements relating to International Services Agencies shall remain at least as inclusive as existing requirements. Any voluntary agency or federated group Page 259 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1101 which attains national eligibility under subparagraph (A), and any voluntary agency which is a member of the International Services Agencies, shall be consid- ered to have satisfied any requirements relating to ‘local presence’. ‘‘(3)(A) If a federated group is eligible to receive dona- tions in a Combined Federal Campaign, whether on a national level (pursuant to certification by the Office) or a local level (pursuant to certification by the local Federal coordinating committee), each voluntary agen- cy which is a member of such group may, upon certifi- cation by the federated group, be considered eligible to participate on such national or local level, as the case may be. ‘‘(B) Notwithstanding any provision of subparagraph (A)— ‘‘(i) the Office may require a voluntary agency to provide information to support any certification sub- mitted by a federated group with respect to such agency under subparagraph (A); and ‘‘(ii) if a determination is made, in writing after no- tice and opportunity to submit written comments, that the information submitted by the voluntary agency does not satisfy the applicable eligibility re- quirements, such agency may be barred from partici- pating in the Combined Federal Campaign on a na- tional or local level, as the case may be, for a period not to exceed 1 campaign year. ‘‘(4) The Office shall exercise oversight responsibility to ensure that— ‘‘(A) regulations are uniformly and equitably im- plemented in all local combined Federal campaigns; ‘‘(B) federated groups participating in a local com- bined Federal campaign are allowed to compete fairly for the role of principal combined fund organization; ‘‘(C) federated groups participating in a local com- bined Federal campaign are afforded— ‘‘(i) adequate opportunity to consult with the PCFO for the area involved before any plans are made final relating to the design or conduct of such campaign (including plans pertaining to any mate- rials to be printed as part of the campaign); ‘‘(ii) adequate opportunity to participate in cam- paign events and other related activities; and ‘‘(iii) timely access to all reports, budgets, audits, and other records in the possession of, or under the control of, the PCFO for the areas involved; and ‘‘(D) a federated group or voluntary agency found by the Office, by a written decision issued after no- tice and opportunity to submit written comments, to have violated the regulations may be barred from serving as a PCFO for not to exceed 1 campaign year. ‘‘(5) The Office shall prescribe regulations to ensure that PCFOs do not make inappropriate delegations of decisionmaking authority. ‘‘(6)(A) The Office shall, in consultation with fed- erated groups, establish a formula under which any un- designated contributions received in a local combined Federal campaign shall be allocated in any year. ‘‘(B) Under the formula for the 1990 Combined Federal Campaign, all undesignated contributions received in a local campaign shall be allocated as follows: ‘‘(i) 82 percent shall be allocated to the United Way. ‘‘(ii) 7 percent shall be allocated to the Inter- national Services Agencies. ‘‘(iii) 7 percent shall be allocated to the National Voluntary Health Agencies. ‘‘(iv) 4 percent shall, after fair and careful consider- ation of all eligible federated groups and agencies, be allocated by the local Federal coordinating com- mittee among any or all of the following: ‘‘(I) National federated groups (other than any identified in clauses (i), (ii), or (iii)), except that a national federated group shall not be eligible under this subclause unless there are at least 15 members of such group participating in the local campaign, unless the members of such group collectively re- ceive at least 4 percent of the designated contribu- tions in the local campaign, and unless such group was granted national eligibility status for the 1987, 1988, 1989, or 1990 Combined Federal Campaign. ‘‘(II) Local federated groups. ‘‘(III) Any local, non-affiliated voluntary agency which receives at least 4 percent of the designated contributions in the local campaign. ‘‘(C) The formula set forth in subparagraph (B)— ‘‘(i) shall be phased in over the course of the 1988 and 1989 Combined Federal Campaigns; ‘‘(ii) shall be fully implemented with respect to the 1990 Combined Federal Campaigns [sic]; and ‘‘(iii) shall, with respect to any Combined Federal Campaign thereafter, be adjusted based on the experi- ence gained in the Combined Federal Campaigns re- ferred to in clauses (i) and (ii). ‘‘(D) Nothing in this paragraph shall apply with re- spect to any campaign conducted in a foreign country. ‘‘(E) All appropriate steps shall be taken to encour- age donors to make designated contributions. ‘‘(7) The option for a donor to write in the name of a voluntary agency or federated group not listed in the campaign brochure to receive that individual’s con- tribution in a local campaign shall be eliminated. ‘‘(8) The name of any individual making a designated contribution in a campaign shall, upon request of the recipient voluntary agency or federated group, be re- leased to such agency or group, unless the contributor indicates that his or her name is not to be released. Under no circumstance may the names of contributors be sold or otherwise released by such agency or group. ‘‘(9)(A) The name of each participating voluntary agency and federated group, together with a brief de- scription of their respective programs, shall be pub- lished in any information leaflet distributed to employ- ees in a local combined Federal campaign. Agencies shall be arranged by federated group, with combined Federal campaign organization code numbers cor- responding to each such agency and group. ‘‘(B) The requirement under subparagraph (A) relat- ing to the inclusion of program descriptions may, at the discretion of a local Federal coordinating com- mittee, be waived for a local campaign in any year if, in the immediately preceding campaign year, contribu- tions received through the local campaign totalled less than $100,000. ‘‘(10) Employee coercion is not to be tolerated in the Combined Federal Campaign, and protections against employee coercion shall be strengthened and clarified. ‘‘(11) The Office— ‘‘(A) may not, after the date of the enactment of this Act [Dec. 22, 1987], grant national eligibility sta- tus to any federated group unless such group has at least 15 member voluntary agencies, each of which meets the requirements for national eligibility under paragraph (2)(A); and ‘‘(B) may withdraw federation status from any fed- erated group for a period of not to exceed 1 campaign year if it is determined, on the record after oppor- tunity for a hearing, that the federated group has not complied with the regulatory requirements. ‘‘(12) The Office may bar from participation in the Combined Federal Campaign, for a period not to exceed 1 campaign year, any voluntary agency which the Of- fice determines, in writing, and after notice and oppor- tunity to submit written comments, did not comply with a reasonable request by the Office to furnish it with information relating to such agency’s campaign accounting and auditing practices. ‘‘(c) For purposes of this section, a voluntary agency or federated group having ‘national eligibility’ is one which is eligible to participate in each local domestic combined Federal campaign.’’ CIVIL SERVICE REFORM ACT OF 1978 FINDINGS AND STATEMENT OF PURPOSE Pub. L. 95–454, § 3, Oct. 13, 1978, 92 Stat. 1112, provided that: ‘‘It is the policy of the United States that— ‘‘(1) in order to provide the people of the United States with a competent, honest, and productive Fed- eral work force reflective of the Nation’s diversity, and to improve the quality of public service, Federal personnel management should be implemented con- Page 260 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1101 1 As amended July 11, 1978. sistent with merit system principles and free from prohibited personnel practices; ‘‘(2) the merit system principles which shall govern in the competitive service and in the executive branch of the Federal Government should be ex- pressly stated to furnish guidance to Federal agencies in carrying out their responsibilities in admin- istering the public business, and prohibited personnel practices should be statutorily defined to enable Fed- eral employees to avoid conduct which undermines the merit system principles and the integrity of the merit system; ‘‘(3) Federal employees should receive appropriate protection through increasing the authority and pow- ers of the Merit Systems Protection Board in proc- essing hearings and appeals affecting Federal employ- ees; ‘‘(4) the authority and power of the Special Counsel should be increased so that the Special Counsel may investigate allegations involving prohibited per- sonnel practices and reprisals against Federal em- ployees for the lawful disclosure of certain informa- tion and may file complaints against agency officials and employees who engage in such conduct; ‘‘(5) the function of filling positions and other per- sonnel functions in the competitive service and in the executive branch should be delegated in appropriate cases to the agencies to expedite processing appoint- ments and other personnel actions, with the control and oversight of this delegation being maintained by the Office of Personnel Management to protect against prohibited personnel practices and the use of unsound management practices by the agencies; ‘‘(6) a Senior Executive Service should be estab- lished to provide the flexibility needed by agencies to recruit and retain the highly competent and qualified executives needed to provide more effective manage- ment of agencies and their functions, and the more expeditious administration of the public business; ‘‘(7) in appropriate instances, pay increases should be based on quality of performance rather than length of service; ‘‘(8) research programs and demonstration projects should be authorized to permit Federal agencies to experiment, subject to congressional oversight, with new and different personnel management concepts in controlled situations to achieve more efficient man- agement of the Government’s human resources and greater productivity in the delivery of service to the public; ‘‘(9) the training program of the Government should include retraining of employees for positions in other agencies to avoid separations during reductions in force and the loss to the Government of the knowl- edge and experience that these employees possess; and ‘‘(10) the right of Federal employees to organize, bargain collectively, and participate through labor organizations in decisions which affect them, with full regard for the public interest and the effective conduct of public business, should be specifically rec- ognized in statute.’’ POWERS OF PRESIDENT UNAFFECTED EXCEPT BY EXPRESS PROVISIONS Pub. L. 95–454, title IX, § 904, Oct. 13, 1978, 92 Stat. 1224, provided that: ‘‘Except as otherwise expressly provided in this Act [see Tables for classification], no provision of this Act shall be construed to— ‘‘(1) limit, curtail, abolish, or terminate any func- tion of, or authority available to, the President which the President had immediately before the ef- fective date of this Act [see Effective Date of 1978 Amendment note above]; or ‘‘(2) limit, curtail, or terminate the President’s au- thority to delegate, redelegate, or terminate any del- egation of functions.’’ Executive Documents REORGANIZATION PLANS NO. 1 AND 2 OF 1978 SUPERSEDED BY CIVIL SERVICE REFORM ACT OF 1978 Pub. L. 95–454, title IX, § 905, Oct. 13, 1978, 92 Stat. 1224, provided that: ‘‘Any provision in either Reorga- nization Plan Numbered 1 [set out in the Appendix to this title] or 2 [set out below] of 1978 inconsistent with any provision in this Act [see Tables for classification] is hereby superseded.’’ REORGANIZATION PLAN NO. 2 OF 1978 43 F.R. 36037, 92 Stat. 3783 Prepared by the President and transmitted to the Sen- ate and the House of Representatives in Congress as- sembled, May 23, 1978,1 pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. PART I. OFFICE OF PERSONNEL MANAGEMENT SECTION 101. ESTABLISHMENT OF THE OFFICE OF PER- SONNEL MANAGEMENT AND ITS DIRECTOR AND OTHER MATTERS There is hereby established as an independent estab- lishment in the Executive Branch, the Office of Per- sonnel Management (the ‘‘Office’’). The head of the Of- fice shall be the Director of the Office of Personnel Management (the ‘‘Director’’), who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter provided for level II of the Executive Schedule [5 U.S.C. 5313]. The position referred to in 5 U.S.C. 5109(b) is hereby abolished. SEC. 102. TRANSFER OF FUNCTIONS Except as otherwise specified in this Plan, all func- tions vested by statute in the United States Civil Serv- ice Commission, or the Chairman of said Commission, or the Boards of Examiners established by 5 U.S.C. 1105 are hereby transferred to the Director of the Office of Personnel Management. SEC. 103. DEPUTY DIRECTOR AND ASSOCIATE DIRECTORS (a) There shall be within the Office a Deputy Director who shall be appointed by the President by and with the advice and consent of the Senate and who shall be compensated at the rate now or hereafter provided for level III of the Executive Schedule [5 U.S.C. 5314]. The Deputy Director shall perform such functions as the Di- rector may from time to time prescribe and shall act as Director during the absence or disability of the Direc- tor or in the event of a vacancy in the Office of the Di- rector. (b) There shall be within the Office not more than five Associate Directors, who shall be appointed by the Director in the excepted service, shall have such titles as the Director shall from time to time determine, and shall receive compensation at the rate now or hereafter provided for level IV of the Executive Schedule [5 U.S.C. 5315]. SEC. 104. FUNCTIONS OF THE DIRECTOR The functions of the Director shall include, but not be limited to, the following: (a) Aiding the President, as the President may re- quest, in preparing such rules as the President pre- scribes, for the administration of civilian employment now within the jurisdiction of the United States Civil Service Commission; (b) Advising the President, as the President may re- quest, on any matters pertaining to civilian employ- ment now within the jurisdiction of the United States Civil Service Commission; (c) Executing, administering and enforcing the Civil Service rules and regulations of the President and the Office and the statutes governing the same, and other Page 261 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1101 activities of the Office including retirement and classi- fication activities except to the extent such functions remain vested in the Merit Systems Protection Board pursuant to Section 202 of this Plan, or are transferred to the Special Counsel pursuant to Section 204 of this Plan. The Director shall provide the public, where ap- propriate, a reasonable opportunity to comment and submit written views on the implementation and inter- pretation of such rules and regulations; (d) Conducting or otherwise providing for studies and research for the purpose of assuring improvements in personnel management, and recommending to the President actions to promote an efficient Civil Service and a systematic application of the merit system prin- ciples, including measures relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and separations of employees; and (e) Performing the training responsibilities now per- formed by the United States Civil Service Commission as set forth in 5 U.S.C. Chapter 41. SEC. 105. AUTHORITY TO DELEGATE FUNCTIONS The Director may delegate, from time to time, to the head of any agency employing persons in the competi- tive service, the performance of all or any part of those functions transferred under this Plan to the Director which relate to employees, or applicants for employ- ment, of such agency. PART II. MERIT SYSTEMS PROTECTION BOARD SEC. 201. MERIT SYSTEMS PROTECTION BOARD (a) The United States Civil Service Commission is hereby redesignated the Merit Systems Protection Board. The Commissioners of the United States Civil Service Commission are hereby redesignated as mem- bers of the Merit Systems Protection Board (the ‘‘Board’’). (b) The Chairman of the Board shall be its chief exec- utive and administrative officer. The position of Execu- tive Director, established by 5 U.S.C. 1103(d), is hereby abolished. SEC. 202. FUNCTIONS OF THE MERIT SYSTEMS PROTECTION BOARD AND RELATED MATTERS (a) There shall remain with the Board the hearing, adjudication, and appeals functions of the United States Civil Service Commission specified in 5 U.S.C. 1104(b)(4) (except hearings, adjudications and appeals with respect to examination ratings), and also found in the following statutes: (i) 5 U.S.C. 1504–1507, 7325, 5335, 7521, 7701 and 8347(d); (ii) 38 U.S.C. 2023 (b) There shall remain with the Board the functions vested in the United States Civil Service Commission, or its Chairman, pursuant to 5 U.S.C. 1104(a)(5) and (b)(4) to enforce decisions rendered pursuant to the au- thorities described in Subsection (a) of this Section. (c) Any member of the Board may request from the Director, in connection with a matter then pending be- fore the Board for adjudication, an advisory opinion concerning interpretation of rules, regulations, or other policy directives promulgated by the Office of Personnel Management. (d) Whenever the interpretation or application of a rule, regulation, or policy directive of the Office of Per- sonnel Management is at issue in any hearing, adju- dication, or appeal before the Board, the Board shall promptly notify the Director, and the Director shall have the right to intervene in such proceedings. (e) The Board shall designate individuals to chair per- formance rating boards established pursuant to 5 U.S.C. 4305. (f) The Chairman of the Board shall designate rep- resentatives to chair boards of review established pur- suant to 5 U.S.C. 3383(b). (g) The Board may from time to time conduct special studies relating to the Civil Service, and to other merit systems in the Executive Branch and report to the President and the Congress whether the public interest in a workforce free of personnel practices prohibited by law or regulations is being adequately protected. In carrying out this function the Board shall make such inquiries as may be necessary, and, to the extent per- mitted by law, shall have access to personnel records or information collected by the Office of Personnel Man- agement and may require additional reports from other agencies as needed. The Board shall make such rec- ommendations to the President and the Congress as it deems appropriate. (h) The Board may delegate the performance of any of its administrative functions to any officer or employee of the Board. (i) The Board shall have the authority to prescribe such regulations as may be necessary for the perform- ance of its functions. The Board shall not issue advi- sory opinions. The Board may issue rules and regula- tions, consistent with statutory requirements, defining its review procedures, including the time limits within which an appeal must be filed and the rights and re- sponsibilities of the parties to an appeal. All regula- tions of the Board shall be published in the FEDERAL REGISTER. SEC. 203. SAVINGS PROVISION The Board shall accept appeals from agency actions effected prior to the effective date of this Plan. On the effective date of Part II of this Plan, proceedings then before the Federal Employee Appeals Authority shall continue before the Board; proceedings then before the Appeals Review Board and proceedings then before the United States Civil Service Commission on appeal from decisions of the Appeals Review Board shall continue before the Board; other employee appeals before boards or other bodies pursuant to law or regulation shall con- tinue to be processed pursuant to those laws or regula- tions. Nothing in this section shall affect the right of a Federal employee to judicial review under applicable law. SEC. 204. THE SPECIAL COUNSEL (a) There shall be a Special Counsel to the Board ap- pointed for a term of four years by the President by and with the advice and consent of the Senate, who shall be compensated as now or hereafter provided for level IV of the Executive Schedule [5 U.S.C. 5315]. (b) There are hereby transferred to the Special Coun- sel all functions with respect to investigations relating to violations of 5 U.S.C. Chapter 15; 5 U.S.C. Subchapter III of Chapter 73 (Political Activities); and 5 U.S.C. 552(a)(4)(F) (public information). (c) The Special Counsel may investigate, pursuant to 5 U.S.C. 1303, allegations of personnel practices which are prohibited by law or regulation. (d) When in the judgment of the Special Counsel, such personnel practices exist, he shall report his findings and recommendations to the Chairman of the Merit Systems Protection Board, the agency affected, and to the Office of Personnel Management, and may report such findings to the President. (e) When in the judgment of the Special Counsel, the results of an investigation would warrant the taking of disciplinary action against an employee who is within the jurisdiction of the Board, the Special Counsel shall prepare charges against such employee and present them with supporting documentation to the Board. Evidence supporting the need for disciplinary action against a Presidential appointee shall be submitted by the Special Counsel to the President. (f) The Special Counsel may appoint personnel nec- essary to assist in the performance of his functions. (g) The Special Counsel shall have the authority to prescribe rules and regulations relating to the receipt and investigation of matters under his jurisdiction. Such regulations shall be published in the FEDERAL REGISTER. (h) The Special Counsel shall not issue advisory opin- ions. Page 262 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1101 PART III. FEDERAL LABOR RELATIONS AUTHORITY SEC. 301. ESTABLISHMENT OF THE FEDERAL LABOR RELATIONS AUTHORITY (a) There is hereby established, as an independent es- tablishment in the Executive Branch, the Federal Labor Relations Authority (the ‘‘Authority’’). The Au- thority shall be composed of three members, one of whom shall be Chairman, not more than two of whom may be adherents of the same political party, and none of whom may hold another office or position in the Government of the United States except where pro- vided by law or by the President. (b) Members of the Authority shall be appointed by the President, by and with the advice and consent of the Senate. The President shall designate one member to serve as Chairman of the Authority, who shall be compensated at the rate now or hereafter provided for level III of the Executive Schedule [5 U.S.C. 5314]. The other members shall be compensated at the rate now or hereafter provided for level IV of the Executive Sched- ule [5 U.S.C. 5315]. (c) The initial members of the Authority shall be ap- pointed as follows: one member for a term of two years; one member for a term of three years; and the Chair- man for a term of four years. Thereafter, each member shall be appointed for a term of four years. An indi- vidual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (d) The Authority shall make an annual report on its activities to the President for transmittal to Congress. SEC. 302. ESTABLISHMENT OF THE GENERAL COUNSEL OF THE AUTHORITY There shall be a General Counsel of the Authority, who shall be appointed by the President, by and with the advice and consent of the Senate for a term of four years, and who shall be compensated at the rate now or hereafter provided for level V of the Executive Sched- ule [5 U.S.C. 5316]. The General Counsel shall perform such duties as the Authority shall from time to time prescribe, including but not limited to the duty of de- termining and presenting facts required by the Author- ity in order to decide unfair labor practice complaints. SEC. 303. THE FEDERAL SERVICE IMPASSES PANEL The Federal Service Impasses Panel, established under Executive Order 11491, as amended [set out under 5 U.S.C. 7101], (the ‘‘Panel’’) shall continue, and shall be a distinct organizational entity within the Authority. SEC. 304. FUNCTIONS Subject to the provisions of Section 306, the following functions are hereby transferred: (a) To the Authority— (1) The functions of the Federal Labor Relations Council pursuant to Executive Order 11491, as amended [set out under 5 U.S.C. 7101]; (2) The functions of the Civil Service Commission under Sections 4(a) and 6(e) of Executive Order 11491, as amended; (3) The functions of the Assistant Secretary of Labor for Labor-Management Relations, under Executive Order 11491, as amended, except for those functions re- lated to alleged violations of the standards of conduct for labor organizations pursuant to Section 6(a)(4) of said Executive Order; and, (b) to the Panel—the functions and authorities of the Federal Service Impasses Panel, pursuant to Executive Order 11491, as amended. SEC. 305. AUTHORITY DECISIONS The decisions of the Authority on any matter within its jurisdiction shall be final and not subject to judicial review. SEC. 306. OTHER PROVISIONS Unless and until modified, revised, or revoked, all policies, regulations, and procedures established, and decisions issued, under Executive Order 11491, as amended [set out under 5 U.S.C. 7101], shall remain in full force and effect. There is hereby expressly reserved to the President the power to modify the functions transferred to the Federal Labor Relations Authority and the Federal Service Impasses Panel pursuant to Section 304 of this Plan. SEC. 307. SAVINGS PROVISION All matters which relate to the functions transferred by Section 304 of this Plan, and which are pending on the effective date of the establishment of the Authority before the Federal Labor Relations Council, the Vice Chairman of the Civil Service Commission, or the As- sistant Secretary of Labor for Labor-Management Re- lations shall continue before the Authority under such rules and procedures as the Authority shall prescribe. All such matters pending on the effective date of the establishment of the Authority before the Panel, shall continue before the Panel under such rules and proce- dures as the Panel shall prescribe. PART IV. GENERAL PROVISIONS SEC. 401. INCIDENTAL TRANSFER So much of the personnel, property, records, and un- expended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions trans- ferred under this Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate agency, or component at such time or times as the Director of the Office of Man- agement and Budget shall provide, except that no such unexpended balances transferred shall be used for pur- poses other than those for which the appropriation was originally made. The Director of the Office of Manage- ment and Budget shall provide for terminating the af- fairs of any agencies abolished herein and for such fur- ther measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganiza- tion Plan. SEC. 402. INTERIM OFFICERS (a) The President may authorize any persons who, immediately prior to the effective date of this Plan, held positions in the Executive Branch of the Govern- ment, to act as Director of the Office of Personnel Man- agement, the Deputy Director of the Office of Per- sonnel Management, the Special Counsel, the Chairman and other members of the Federal Labor Relations Au- thority, the Chairman and other members of the Fed- eral Service Impasses Panel, or the General Counsel of the Authority, until those offices are for the first time filled pursuant to the provisions of this Reorganization Plan or by recess appointment, as the case may be. (b) The President may authorize any such person to receive the compensation attached to the Office in re- spect of which that person so serves, in lieu of other compensation from the United States. SEC. 403. EFFECTIVE DATE The provisions of this Reorganization Plan shall be- come effective at such time or times, on or before Jan- uary 1, 1979, as the President shall specify, but not sooner than the earliest time allowable under Section 906 of Title 5, United States Code. [Pursuant to Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, this Reorg. Plan is generally effective Jan. 1, 1979.] MESSAGE OF THE PRESIDENT To the Congress of the United States: On March 2nd I sent to Congress a Civil Service Re- form proposal to enable the Federal government to im- prove its service to the American people. Today I am submitting another part of my com- prehensive proposal to reform the Federal personnel management system through Reorganization Plan No. 2 of 1978. The plan will reorganize the Civil Service Page 263 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1101 Commission and thereby create new institutions to in- crease the effectiveness of management and strengthen the protection of employee rights. The Civil Service Commission has acquired inher- ently conflicting responsibilities: to help manage the Federal Government and to protect the rights of Fed- eral employees. It has done neither job well. The Plan would separate the two functions. OFFICE OF PERSONNEL MANAGEMENT The positive personnel management tasks of the gov- ernment—such as training, productivity programs, ex- aminations, and pay and benefits administration— would be the responsibility of an Office of Personnel Management. Its Director, appointed by the President and confirmed by the Senate, would be responsible for administering Federal personnel matters except for Presidential appointments. The Director would be the government’s principal representative in Federal labor relations matters. MERIT SYSTEMS PROTECTION BOARD The adjudication and prosecution responsibilities of the Civil Service Commission will be performed by the Merit Systems Protection Board. The Board will be headed by a bipartisan panel of three members ap- pointed to six-year, staggered terms. This Board would be the first independent and institutionally impartial Federal agency solely for the protection of Federal em- ployees. The Plan will create, within the Board, a Special Counsel to investigate and prosecute political abuses and merit system violations. Under the civil service re- form legislation now being considered by the Congress, the Counsel would have power to investigate and pre- vent reprisals against employees who report illegal acts—the so-called ‘‘whistleblowers.’’ The Council would be appointed by the President and confirmed by the Senate. FEDERAL LABOR RELATIONS AUTHORITY An Executive Order now vests existing labor-manage- ment relations in a part-time Federal Labor-Relations Council, comprised of three top government managers; other important functions are assigned to the Assistant Secretary of Labor for Labor-Management Relations. This arrangement is defective because the Council members are part-time, they come exclusively from the ranks of management and their jurisdiction is frag- mented. The Plan I submit today would consolidate the cen- tral policymaking functions in labor-management rela- tions now divided between the Council and the Assist- ant Secretary into one Federal Labor Relations Au- thority. The Authority would be composed of three full-time members appointed by the President with the advice and consent of the Senate. Its General Counsel, also appointed by the President and confirmed by the Senate, would present unfair labor practice complaints. The Plan also provides for the continuance of the Fed- eral Service Impasses Panel within the Authority to re- solve negotiating impasses between Federal employee unions and agencies. The cost of replacing the Civil Service Commission can be paid by our present resources. The reorganiza- tion itself would neither increase nor decrease the costs of personnel management throughout the government. But taken together with the substantive reforms I have proposed, this Plan will greatly improve the govern- ment’s ability to manage programs, speed the delivery of Federal services to the public, and aid in executing other reorganizations I will propose to the Congress, by improving Federal personnel management. Each of the provisions of this proposed reorganization would accomplish one or more of the purposes set forth in 5 U.S.C. 901(a). No functions are abolished by the Plan, but the offices referred to in 5 U.S.C. 5109(b) and 5 U.S.C. 1103(d) are abolished. The portions of the Plan providing for the appointment and pay for the head and one or more officers of the Office of Personnel Manage- ment, the Merit Systems Protection Board, the Federal Labor Relations Authority and the Federal Service Im- passes Panel, are necessary to carry out the reorganiza- tion. The rates of compensation are comparable to those for similar positions within the Executive Branch. I am confident that this Plan and the companion civil service reform legislation will both lead to more effec- tive protection of Federal employees’ legitimate rights and a more rewarding workplace. At the same time the American people will benefit from a better managed, more productive and more efficient Federal Govern- ment. JIMMY CARTER. THE WHITE HOUSE, May 23, 1978. EXECUTIVE ORDER NO. 10729 Ex. Ord. No. 10729, Sept. 16, 1957, 22 F.R. 7449, which established the position of the Special Assistant to the President for Personnel Management, was revoked by Ex. Ord. No. 11205, Mar. 15, 1965, 30 F.R. 3513. EX. ORD. NO. 11205. REVOCATION OF EXECUTIVE ORDER NO. 10729 Ex. Ord. No. 11205, Mar. 15, 1965, 30 F.R. 3513, provided: By virtue of the authority vested in me as President of the United States, the position of Special Assistant to the President for Personnel Management, estab- lished by Executive Order No. 10729 of September 16, 1957, is abolished, and that Order is hereby revoked. LYNDON B. JOHNSON. EX. ORD. NO. 12107. IMPLEMENTATION OF REFORM OF PERSONNEL MANAGEMENT SYSTEM Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, as amended by Ex. Ord. No. 12126, Mar. 29, 1979, 44 F.R. 18923; Ex. Ord. No. 12128, Apr. 4, 1979, 44 F.R. 20625, pro- vided: By virtue of the authority vested in me as President by the Constitution and statutes of the United States of America, and by Section 403 of Reorganization Plan No. 2 of 1978 (43 FR 36037) [set out above], it is hereby ordered as follows: SECTION 1 IMPLEMENTATION OF REORGANIZATION PLAN NO. 2 OF 1978 1–1. OFFICE OF PERSONNEL MANAGEMENT 1–101. Establishment of Office of Personnel Management. The establishment of the Office of Personnel Manage- ment and of the positions of Director, Deputy Director, and Associate Directors of that Office, as provided in Sections 101 and 103 of Reorganization Plan No. 2 of 1978, shall be effective on January 1, 1979. 1–102. Transfer of Functions. Section 102 of Reorganiza- tion Plan No. 2 of 1978, transferring functions to the Di- rector of the Office of Personnel Management, shall be effective on January 1, 1979. 1–2. MERIT SYSTEMS PROTECTION BOARD 1–201. Redesignation of Civil Service Commission. The re- designation of the Civil Service Commission as the Merit Systems Protection Board and of the Commis- sioners as Members of the Board as provided in Section 201 of Reorganization Plan No. 2 of 1978 shall be effec- tive on January 1, 1979. 1–202. Functions of the Merit Systems Protection Board. The functions of the Merit Systems Protection Board as provided in Section 202 and the savings provisions of Section 203 of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979. 1–3. THE SPECIAL COUNSEL 1–301. Establishment of the Office of Special Counsel. The establishment of the Office of Special Counsel to the Merit Systems Protection Board as provided in Page 264 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1101 Section 204(a) of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979. 1–302. Functions of the Special Counsel. The transfer of functions provided for in Section 204(b) and the per- formance of functions set forth in Section 204(c)–(g) of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979. 1–4. THE FEDERAL LABOR RELATIONS AUTHORITY 1–401. The Establishment of the Federal Labor Relations Authority and the Office of General Counsel. The estab- lishment of the Federal Labor Relations Authority as provided in Section 301 and of the Office of General Counsel of the Authority as provided in Section 302 of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979. 1–402. The Federal Service Impasses Panel. The continu- ation of the Federal Service Impasses Panel established under Executive Order No. 11491, as amended [set out as a note under section 7101 of this title], as a distinct or- ganizational entity within the Federal Labor Relations Authority as provided in Section 303 of Reorganization Plan No. 2 of 1978, shall be effective on January 1, 1979. 1–403. Functions of the Federal Labor Relations Author- ity, the General Counsel, and the Federal Service Impasses Panel. The transfer of functions provided for in Section 304 of Reorganization Plan No. 2 of 1978 shall be effec- tive on January 1, 1979. 1–5. GENERAL 1–501. General Effective Date. All other provisions of Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979. SECTION 2 REDESIGNATIONS, AMENDMENTS TO RULES AND EXECUTIVE ORDERS AND GENERAL PROVISIONS 2–1. REDESIGNATIONS 2–101. Office of Personnel Management. Each of the Ex- ecutive orders, as amended, listed in this Section under subsections (a) and (b), as applicable, and any other order which relates to functions or areas of responsi- bility delegated to the Office of Personnel Manage- ment, is amended and revised by substituting the words ‘‘Office of Personnel Management’’ for the words ‘‘Civil Service Commission’’ or ‘‘United States Civil Service Commission’’; by substituting the word ‘‘Office’’ for the word ‘‘Commission’’ wherever the word ‘‘Commission’’ is used as a reference to United States Civil Service Commission; and by substituting the words ‘‘Director, Office of Personnel Management’’ for the words ‘‘Chair- man, Civil Service Commission’’, ‘‘Chairman, United States Civil Service Commission’’, ‘‘Commissioners’’ or ‘‘Commissioner’’ wherever they appear. (a) Executive orders relating to the Civil Service Rules, ethics and other matters of Presidential inter- est. Executive Orders Numbered 8743 10577, as amended, except for Rules IV and V, as amended in this order, 10641 10717 10927 11183 11222 11315 11451 11570 11639 11648 11721 11935 12004 12014 12043 (b) Other Executive orders relating to Federal Per- sonnel Management, and membership on Councils, Boards, and Committees. Executive Orders Numbered 8744 9230 9712 9830 9932 9961 10000 10242 10422 10450 10459 10530 10549 10550 10552 10556 10647 10763 10774, except for Section 3(e) 10804 10826 10880 10903 10973 10982 11103 11171 11203 11219 11228 11264 11348 11355 11422 11434 11438 11490 11521 11552 11561 11579 11589 11603 11609 11639 11744 11817 11890 11895 11899 11938 11955 12008 12015 12027 12049 12067 12070 12089 12105 2–102. Merit Systems Protection Board. The provisions of Section 3(e) of Executive Order No. 10774 [set out as a note under section 2025 of Title 22, Foreign Relations and Intercourse], and Executive Order No. 11787 [for- merly set out as a note under section 7701 of this title], are hereby amended and revised by substituting the words ‘‘Merit Systems Protection Board’’ for the words ‘‘Civil Service Commission’’ or ‘‘Commission’’ when used as a reference to the Civil Service Commission wherever such words appear. 2–103. [Amended Civil Service Rules under section 101 of Ex. Ord. No. 10577, formerly set out as a note under section 3301 of this title.] Page 265 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1101 2–104. Effectiveness of Rule Changes. The amendments to rules shall be effective on January 1, 1979, to the ex- tent provided by law on that date. 2–2. REVOCATION OF EXECUTIVE ORDERS AND DELEGATION OF FUNCTIONS 2–201. Revocation of Executive Orders and Delegation of Functions to the Director. Executive Orders numbered 10540 and 10561 [set out as notes under sections 6301 and 1302, respectively, of this title] are revoked and the au- thority vested in the President by Section 202(c)(1)(C) of the Annual Sick Leave Act of 1951, as amended [sec- tion 6301(2)(XI) of this title], and the authority of the President, pursuant to the Civil Service Act of January 16, 1883, to designate official personnel folders in gov- ernment agencies as records of the Office of Personnel Management and to prescribe regulations relating to the establishment, maintenance and transfers of offi- cial personnel folders, are delegated to the Director of the Office of Personnel Management. Any rules, regula- tions, directives, instructions or other actions taken pursuant to the authority delegated to the Director of the Office of Personnel Management shall remain in ef- fect until amended, modified, or revoked pursuant to the delegations made by this Order. 2–202. Savings Provision. All personnel actions and de- cisions affecting employees or applicants for employ- ment made on or before January 11, 1979 shall continue to be governed by the applicable Executive order, and the rules and regulations implementing that Order, to the same extent as if that Executive order had not been revoked effective January 11, 1979 unless amended, modified or revoked pursuant to this Order. 2–3. LABOR MANAGEMENT RELATIONS IN THE FEDERAL SERVICE 2–301. [Amended Ex. Ord. No. 11491, set out as a note under section 7101 of this title.] 2–4. GENERAL PROVISIONS 2–401. Study and Report Provisions. The Director of the Office of Personnel Management is directed to conduct a study of Executive orders listed in Section 2–101(a) and (b) and to coordinate the study with such other agencies as may be named in or affected by these or- ders. The Director of Personnel Management and the Director of the Office of Management and Budget are directed to submit a report on or before July 1, 1981 to the President concerning the performance of functions specified in these Executive orders and any other Exec- utive orders affecting the functions or responsibilities of the Office of Personnel Management. The report shall contain specific detailed recommendations for the continuation, modification, revision or revocation of each Executive order. 2–402. Continuing Effect of this Order. Except as re- quired by the Civil Service Reform Act of 1978 [Pub. L. 95–454] as its provisions become effective, in accord with Section 7135 of Title 5, United States Code, as amended, and in accord with Section 902(a) of that Act [set out as a Savings Provisions note above], the provi- sions of this Order shall continue in effect, according to its terms, until modified, terminated or suspended. 2–403. Transfers and Determinations. (a) The records, property, personnel and positions, and unexpended balances of appropriations or funds re- lated to Civil Service Commission functions reassigned by this Order that are available, or to be made avail- able, and necessary to finance or discharge the reas- signed functions are transferred to the Director of the Office of Personnel Management, the Federal Labor Re- lations Authority, or the Federal Service Impasses Panel, as appropriate. (b) The Director of the Office of Management and Budget shall make such determinations, issue such Or- ders and take all actions necessary or appropriate to ef- fectuate the transfers or reassignments provided by this Order, including the transfer of funds, records, property and personnel. 2–404. Effective Date. Except as otherwise specifically provided in this Order, this Order shall be effective on January 1, 1979. JIMMY CARTER. EXECUTIVE ORDER NO. 12157 Ex. Ord. No. 12157, Sept. 14, 1979, 44 F.R. 54035, which related to the President’s Management Improvement Council, was revoked by Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, formerly set out as a note under sec- tion 14 of the Appendix to this title. EX. ORD. NO. 12353. CHARITABLE FUND-RAISING Ex. Ord. No. 12353, Mar. 23, 1982, 47 F.R. 12785, as amended by Ex. Ord. No. 12404, § 1, Feb. 10, 1983, 48 F.R. 6685; Ex. Ord. No. 13743, § 1, Oct. 13, 2016, 81 F.R. 71571, provided: By the authority vested in me as President by the Constitution of the United States of America, and in order to support and facilitate fund-raising on behalf of voluntary health and welfare organizations through on- the-job solicitations of Federal employees and members of the uniformed services, and to ensure that the recipi- ent organizations are responsible in the uses of the monies so raised, it is hereby ordered as follows: SECTION 1. (a) The Director of the Office of Personnel Manage- ment shall make arrangements for voluntary health and welfare organizations to solicit contributions from Federal employees and members of the uniformed serv- ices at their places of employment or duty. Federal em- ployees and members of the uniformed services can also be solicited to make pledges of volunteer time. These arrangements shall take the form of an annual Com- bined Federal Campaign in which eligible voluntary health and welfare organizations are authorized to take part. (b) The Director shall consider permitting annuitants to make contributions to the Combined Federal Cam- paign through allotments or assignments of amounts from their Federal annuities. The Director may pre- scribe rules and regulations to govern the solicitation of such contributions and make arrangements to in- form annuitants of their ability to make contributions in this manner. SEC. 2. (a) The Director shall establish criteria for de- termining the eligibility of voluntary health and wel- fare organizations that may participate in each of the annual Combined Federal Campaigns. (b) In establishing those criteria, the Director shall be guided by the following principles and policies: (1) The objectives of the Combined Federal Campaign are to lessen the burdens of government in meeting needs of human health and welfare; to provide a con- venient channel through which Federal public servants may contribute to these efforts; to minimize or elimi- nate disruption of the Federal workplace and costs to Federal taxpayers that such fund-raising may entail; and to avoid the reality and appearance of the use of Federal resources in aid of fund-raising for political ac- tivity or advocacy of public policy, lobbying, or philan- thropy of any kind that does not directly serve needs of human health and welfare. (2) To meet these objectives, eligibility for participa- tion in the Combined Federal Campaign shall be lim- ited to voluntary, charitable, health and welfare orga- nizations that provide or support direct health and wel- fare services to individuals or their families. Such di- rect health and welfare services must be available to Federal employees in the local campaign solicitation area, unless they are rendered to needy persons over- seas. Such services must directly benefit human beings, whether children, youth, adults, the aged, the ill and infirm, or the mentally or physically handicapped. Such services must consist of care, research or edu- cation in the fields of human health or social adjust- ment and rehabilitation; relief of victims of natural disasters and other emergencies; or assistance to those who are impoverished and therefore in need of food, Page 266 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1102 shelter, clothing, education, and basic human welfare services. (3) Organizations that seek to influence the outcomes of elections or the determination of public policy through political activity or advocacy, lobbying, or litigation on behalf of parties other than themselves shall not be deemed charitable health and welfare orga- nizations and shall not be eligible to participate in the Combined Federal Campaign. (4) International organizations that provide health and welfare services overseas, and that meet the eligi- bility criteria except for the local services criterion, shall be eligible to participate in each local solicitation area of the Combined Federal Campaign. (5) Local voluntary, charitable, health and welfare or- ganizations that are not affiliated with a national orga- nization or federation but that satisfy the eligibility criteria set forth in this order and by the Director shall be permitted to participate in the Combined Federal Campaign. SEC. 3. In making arrangements for the Combined Federal Campaign, the Director is authorized, in his discretion, to consult with the Departments and agen- cies concerned, representatives of the employees and members to be solicited, and, to the extent practicable, representatives of voluntary health and welfare organi- zations seeking to participate in a Combined Federal Campaign. SEC. 4. The arrangements made by the Director shall (a) ensure that all contributions are voluntary, that there is no coercion, and that individuals have the op- tion of disclosing their contribution or keeping it con- fidential, (b) designate the specific period during which the annual solicitation may be conducted, and (c) per- mit only one annual solicitation except in cases of emergency or disaster appeals for which specific provi- sion shall be made by the Director. SEC. 5. Subject to such rules and regulations as the Director may prescribe, the Director may authorize: (a) outreach coordinators to conduct campaign pro- motion in a local Combined Federal Campaign; and (b) central campaign administrators to administer application and pledging systems and to collect and disburse pledged funds. Such authorizations shall, if made, ensure at a min- imum that outreach coordinators and central campaign administrators operate subject to the direction and control of the Director and such local Federal coordi- nating entities as may be established; and manage the Combined Federal Campaign fairly and equitably. The Director may consult with and consider advice from in- terested parties and organizations, and shall publish re- ports on the management and results of the Combined Federal Campaign. SEC. 6. The methods for the solicitation of funds shall clearly specify the eligible organizations and provide a direct means to designate funds to such organizations. Where allocation of undesignated funds by the central campaign administrator is authorized by the Director, prominent notice of the authorization for such alloca- tion shall be provided. SEC. 7. This Order shall not apply to solicitations conducted by organizations composed of civilian em- ployees or members of the uniformed services among their own members for organizational support or for the benefit of welfare funds for their members. Such so- licitations shall be conducted under policies and proce- dures approved by the head of the Department or agen- cy concerned. SEC. 8. The Director shall prescribe such rules and regulations as may be necessary to implement this Order. SEC. 9. Executive Order No. 10927 [Mar. 18, 1961, 26 F.R. 2383], as amended, is revoked. Notwithstanding that revocation, directives issued under that Order shall continue in effect until revoked or modified under the provisions of this Order. [Section 2(d) of Ex. Ord. No. 13743 provided that all rules, regulations, and directives continued or issued under Ex. Ord. No. 12353, set out above, would continue in effect until revoked or modified under the provisions of Ex. Ord. No. 13743.] [Section 2 of Ex. Ord. No. 12404 provided that all rules, regulations, and directives continued or issued under Ex. Ord. No. 12353, set out above, would continue in full force and effect until revoked or modified under the provisions of Ex. Ord. No. 12404.] § 1102. Director; Deputy Director; Associate Di- rectors (a) There is at the head of the Office of Per- sonnel Management a Director of the Office of Personnel Management appointed by the Presi- dent, by and with the advice and consent of the Senate. The term of office of any individual ap- pointed as Director shall be 4 years. (b) There is in the Office a Deputy Director of the Office of Personnel Management appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or when the office of Director is va- cant. (c) No individual shall, while serving as Direc- tor or Deputy Director, serve in any other office or position in the Government of the United States except as otherwise provided by law or at the direction of the President. The Director and Deputy Director shall not recommend any indi- vidual for appointment to any position (other than Deputy Director of the Office) which re- quires the advice and consent of the Senate. (d) There may be within the Office of Per- sonnel Management not more than 5 Associate Directors, as determined from time to time by the Director. Each Associate Director shall be appointed by the Director. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 399; Pub. L. 95–454, title II, § 201(a), Oct. 13, 1978, 92 Stat. 1119.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 632 (2d–4th pars.). Jan. 16, 1883, ch. 27, § 1 (2d, 3d pars.), 22 Stat. 403. July 31, 1956, ch. 804, § 201(a), 70 Stat. 742. In subsection (a), the second sentence is substituted for original language concerning designation of Com- missioners to serve six, four, and two years, respec- tively, as that provision is executed. The section is reorganized to place the statutes relat- ing to vacancies together, and redundancies are elimi- nated. Provisions relating to pay and travel expenses of Commissioners are omitted as superseded by the Act of Aug. 14, 1964, Pub. L. 88–426, § 303(c)(18), (d)(66), 78 Stat. 417, 419, and Act of June 9, 1949, ch. 185, 63 Stat. 166, re- spectively, which are carried into this title. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted ‘‘Director; Deputy Di- rector; Associate Directors’’ for ‘‘Term of office; filling vacancies; removal’’ in section catchline, and in text provisions relating to the Director, Deputy Director,