5 U.S.C. § 1302 — Regulations

Page 288 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1222 Subsec. (e)(2). Pub. L. 112–199, § 114(b), inserted ‘‘, after a finding that a protected disclosure was a con- tributing factor,’’ after ‘‘ordered if’’. Subsec. (g)(1)(A)(ii). Pub. L. 112–199, § 107(b), sub- stituted ‘‘any other reasonable and foreseeable con- sequential damages, and compensatory damages (in- cluding interest, reasonable expert witness fees, and costs).’’ for ‘‘and any other reasonable and foreseeable consequential changes.’’ Subsec. (g)(4). Pub. L. 112–199, § 104(c)(2), added par. (4). Subsec. (i). Pub. L. 112–199, § 101(b)(1)(A), inserted ‘‘or section 2302(b)(9)(A)(i), (B), (C), or (D)’’ after ‘‘section 2302(b)(8)’’. 1994—Subsec. (d)(1). Pub. L. 103–424, § 4(a), added par. (1) and struck out former par. (1) which read as follows: ‘‘At the request of an employee, former employee, or applicant for employment seeking corrective action under subsection (a), the Board may issue a subpoena for the attendance and testimony of any person or the production of documentary or other evidence from any person if the Board finds that such subpoena is nec- essary for the development of relevant evidence.’’ Subsec. (e)(1). Pub. L. 103–424, § 4(b), which directed the amendment of section 1221(e)(1), without specifying the Code title to be amended, by inserting at end ‘‘The employee may demonstrate that the disclosure was a contributing factor in the personnel action through cir- cumstantial evidence, such as evidence that— ‘‘(A) the official taking the personnel action knew of the disclosure; and ‘‘(B) the personnel action occurred within a period of time such that a reasonable person could conclude that the disclosure was a contributing factor in the personnel action.’’, was executed to subsec. (e)(1) of this section to reflect the probable intent of Con- gress. Subsec. (f)(3). Pub. L. 103–424, § 4(c), added par. (3). Subsec. (g). Pub. L. 103–424, § 8(b), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), re- spectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–199 effective 30 days after Nov. 27, 2012, see section 202 of Pub. L. 112–199, set out as a note under section 1204 of this title. EFFECTIVE DATE Subchapter effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as an Effective Date of 1989 Amendment note under section 1201 of this title. § 1222. Availability of other remedies Except as provided in section 1221(i), nothing in this chapter or chapter 23 shall be construed to limit any right or remedy available under a provision of statute which is outside of both this chapter and chapter 23. (Added Pub. L. 101–12, § 3(a)(13), Apr. 10, 1989, 103 Stat. 31.) CHAPTER 13—SPECIAL AUTHORITY Sec. 1301. Rules. 1302. Regulations. 1303. Investigations; reports. 1304. Loyalty investigations; reports; revolving fund. 1305. Administrative law judges. 1306. Oaths to witnesses. 1307. Minutes. [1308. Repealed.] Editorial Notes AMENDMENTS 1998—Pub. L. 105–362, title XIII, § 1302(b)(2)(A), Nov. 10, 1998, 112 Stat. 3293, struck out item 1308 ‘‘Annual re- ports’’. 1978—Pub. L. 95–251, § 2(c)(1), Mar. 27, 1978, 92 Stat. 183, substituted ‘‘Administrative law judges’’ for ‘‘Hearing examiners’’ in item 1305. § 1301. Rules The Office of Personnel Management shall aid the President, as he may request, in preparing the rules he prescribes under this title for the administration of the competitive service. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 633(1) (func- tion of Civil Serv- ice Commission). Jan. 16, 1883, ch. 27, § 2(1) (function of Civil Service Commission), 22 Stat. 403. The authority of the President to prescribe rules is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of 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 ‘‘Office of Personnel Management’’ for ‘‘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. § 1302. Regulations (a) The Office of Personnel Management, sub- ject to the rules prescribed by the President under this title for the administration of the competitive service, shall prescribe regulations for, control, supervise, and preserve the records of, examinations for the competitive service. (b) The Office shall prescribe and enforce regu- lations for the administration of the provisions of this title, and Executive orders issued in fur- therance thereof, that implement the Congres- sional policy that preference shall be given to preference eligibles in certification for appoint- ment, and in appointment, reinstatement, reem- ployment, and retention, in the competitive service in Executive agencies, permanent or temporary, and in the government of the Dis- trict of Columbia. (c) The Office shall prescribe regulations for the administration of the provisions of this title that implement the Congressional policy that preference shall be given to preference eligibles in certification for appointment, and in appoint- ment, reinstatement, reemployment, and reten- tion, in the excepted service in Executive agen- cies, permanent or temporary, and in the gov- ernment of the District of Columbia. Page 289 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1303 (d) The Office may prescribe reasonable proce- dure and regulations for the administration of its functions under chapter 15 of this title. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 633(2)7 (last 17 words), (3) (less last 10 words). Jan. 16, 1883, ch. 27, §§ 2(2)7 (last 17 words), (3) (less last 10 words), 22 Stat. 404. (b) ............. 5 U.S.C. 851 (1st 76 words), 868 (less proviso). June 27, 1944, ch. 287, §§ 2 (1st 76 words), 19, 58 Stat. 387, 391. (c) ............. 5 U.S.C. 851 (1st 76 words), 860. June 27, 1944, ch. 287, §§ 2 (1st 76 words), 11, 58 Stat. 387, 390. (d) ............. 5 U.S.C. 118k(d) (1st sentence). July 19, 1940, ch. 640 § 4 ‘‘Sec. 12(d) (1st sen- tence)’’, 54 Stat. 769. Subsection (a) is based on former section 633(3) (less last 10 words). The regulation-making power conferred by that section covers the power conferred by former section 633(2)7 (last 17 words) which is, therefore, omit- ted. The requirement of notice is preserved in section 3304. The words ‘‘through its members or the exam- iners’’ are omitted as unnecessary in view of section 1104. The authority of the President to prescribe rules, based on former section 633(1) is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of this title. In subsections (b)–(d), the word ‘‘rules’’ is omitted as included in ‘‘regulations’’. The provisions of the Veterans’ Preference Act of 1944 (former sections 851–869) to which the regulation-mak- ing authority of subsections (b) and (c) apply are car- ried into sections 2108, 3305(b), 3306(a)(2), 3308–3320, 3351, 3363, 3364, and 7701, subchapter I of chapter 35, and sub- chapter II of chapter 75 of this title. The first 76 words of former section 851 are added here to preserve the general statement of policy in the light of which the substantive provisions that formerly comprised the Veterans’ Preference Act of 1944 are to be interpreted. See Elder v. Brannan, 241 U.S. 277, 286. In subsection (b), the words ‘‘in the competitive service in Executive agencies, permanent or temporary, and in the govern- ment of the District of Columbia’’, and in subsection (c) the words ‘‘in the excepted service in Executive agen- cies, permanent or temporary, and in the government of the District of Columbia’’ are coextensive with and substituted for ‘‘in civilian positions in all establish- ments, agencies, bureaus, administrations, projects, and departments of the Government, permanent or temporary, and in either (a) the classified civil service; (b) the unclassified civil service; (c) any temporary or emergency establishment, agency, bureau, administra- tion, project, and department created by Acts of Con- gress or Presidential Executive order’’, in view of the exclusion of positions in the legislative and judicial branches by former section 869. 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—Subsecs. (a) to (d). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’ and ‘‘Office’’ for ‘‘Commission’’ wherever appearing. 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. Executive Documents EXECUTIVE ORDER NO. 10561 Ex. Ord. No. 10561, Sept. 13, 1954, 19 F.R. 5963, which related to official personnel folders, was revoked by section 2–201 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out as a note under section 1101 of this title. EXECUTIVE ORDER NO. 11397 Ex. Ord. No. 11397, Feb. 9, 1968, 33 F.R. 2833, formerly set out as a note under this section, which related to transitional appointments of veterans who served dur- ing the Vietnam Era, was revoked by Ex. Ord. No. 11521, Mar. 26, 1970, 35 F.R. 5311, set out as a note under sec- tion 3302 of this title. § 1303. Investigations; reports The Office of Personnel Management, Merit Systems Protection Board, and Special Counsel may investigate and report on matters con- cerning— (1) the enforcement and effect of the rules prescribed by the President under this title for the administration of the competitive service and the regulations prescribed by the Office of Personnel Management under section 1302(a) of this title; and (2) the action of an examiner, a board of ex- aminers, and other employees concerning the execution of the provisions of this title that relate to the administration of the competi- tive service. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95–454, title IX, § 906(a)(4), (11), Oct. 13, 1978, 92 Stat. 1225.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 633(4). Jan. 16, 1883, ch. 27, § 2(4), 22 Stat. 404. The authority of the President to prescribe rules is carried into sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of this title. In paragraph (2), the words ‘‘in respect to the execu- tion of this act’’ are changed to ‘‘concerning the execu- tion of the provisions of this title that relate to the ad- ministration of the competitive service’’ to avoid hav- ing to refer in the text to the sections of this title into which the Civil Service Act, the act referred to, is codi- fied. These sections are: 1101, 1102, 1105, 1302(a), 1303, 1307, 1308(a)(1), 2102, 2951, 3302, 3303, 3304(a), (d), 3305(a), 3306, 3318(a), 3319(a), 3321, 7152, 7153, 7321, 7322, and 7352. The words ‘‘the provisions of this title that relate to the administration of the competitive service’’ will in- clude some of the sections derived from the Veterans’ Preference Act of 1944 (former sections 851–869). They are based in part on former section 860 (codified in § 1302(c)). The authorization in that section to make and enforce regulations for the competitive service would include the authority to investigate and report. The words ‘‘and other employees’’ are substituted for ‘‘and its own subordinates, and those in the public serv- ice’’ in view of the definition of ‘‘employee’’ in section 2105. Standard changes are made to conform with the defi- nition applicable and the style of this title as outlined in the preface to the report.