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 to sub- sections (b), (c), and (d) of section 553 of this title, notwithstanding subsection (a) of such sec- tion 553. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 400; Pub. L. 95–454, title II, § 201(a), Oct. 13, 1978, 92 Stat. 1121.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 635 (less last 24 words of 6th sentence, and less 7th sentence). Jan. 16, 1883, ch. 27, § 3 (less last 24 words of 6th sen- tence, and less 7th sen- tence), 22 Stat. 404. .................. [Uncodified]. 1949 Reorg. Plan No. 5, § 4, eff. Aug. 19, 1949, 63 Stat. 1069. In subsection (a), the words ‘‘the District of Colum- bia’’ are substituted for ‘‘Washington’’. The words ‘‘at least three individuals in the service of the United States’’ are substituted for a ‘‘a suitable number of per- sons, not less than three, in the official service of the United States’’. So much of the first three sentences of former section 635 as related to the offices of the Chief Examiner and the Secretary are omitted because the offices were abolished by 1949 Reorg. Plan No. 5, § 4. So much of the first sentence as imposed a duty on the Chief Examiner, under the Commission’s direction, to act with the examining boards to secure accuracy, uni- formity, and justice in all their proceedings is restated in section 1104(a)(1). The fourth sentence of former sec- tion 635, authorizing the Commission to employ a ste- nographer and a messenger, is omitted as obsolete. The remainder is rewritten for clarity. The text of 1949 Reorg. Plan No. 5, § 4, is omitted as executed. In subsection (b), the words ‘‘Chairman, United States Civil Service Commission’’ are substituted for ‘‘chief examiner’’ on authority of 1949 Reorg. Plan No. 5, § 2(a)(2). The words ‘‘at all times’’ are omitted as sur- plusage. 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 ‘‘Administrative pro- cedure’’ for ‘‘Boards of examiners’’ in section catchline, and in text provisions relating to administrative proce- dure applicable to administration of this chapter for provisions relating to boards of examiners for the United States Civil Service Commission. 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. CHAPTER 12—MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION SUBCHAPTER I—MERIT SYSTEMS PROTECTION BOARD Sec. 1201. Appointment of members of the Merit Sys- tems Protection Board. 1202. Term of office; filling vacancies; removal. 1203. Chairman; Vice Chairman. 1204. Powers and functions of the Merit Systems Protection Board. 1205. Transmittal of information to Congress. 1206. Annual report. SUBCHAPTER II—OFFICE OF SPECIAL COUNSEL 1211. Establishment. 1212. Powers and functions of the Office of Special Counsel. 1213. Provisions relating to disclosures of viola- tions of law, mismanagement, and certain other matters.1 1214. Investigation of prohibited personnel prac- tices; corrective action. 1215. Disciplinary action. 1216. Other matters within the jurisdiction of the Office of Special Counsel. 1217. Transmittal of information to Congress. 1218. Annual report. 1219. Public information. SUBCHAPTER III—INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES 1221. Individual right of action in certain reprisal cases. 1222. Availability of other remedies. Editorial Notes AMENDMENTS 1989—Pub. L. 101–12, § 3(b)(2), (3), Apr. 10, 1989, 103 Stat. 31, substituted ‘‘, OFFICE OF SPECIAL COUN- SEL, AND EMPLOYEE RIGHT OF ACTION’’ for ‘‘AND SPECIAL COUNSEL’’ in chapter heading, and amended chapter analysis generally, inserting subchapter I head- ing, and in item 1204 substituting ‘‘Powers and func- tions of the Merit Systems Protection Board’’ for ‘‘Spe- cial Counsel; appointment and removal’’, in item 1205