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

Page 267 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1103 and Associate Directors of the Office of Personnel Man- agement for provisions relating to the term of office, vacancies, and removal of members of 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. § 1103. Functions of the Director (a) The following functions are vested in the Director of the Office of Personnel Management, and shall be performed by the Director, or sub- ject to section 1104 of this title, by such employ- ees of the Office as the Director designates: (1) securing accuracy, uniformity, and jus- tice in the functions of the Office; (2) appointing individuals to be employed by the Office; (3) directing and supervising employees of the Office, distributing business among em- ployees and organizational units of the Office, and directing the internal management of the Office; (4) directing the preparation of requests for appropriations for the Office and the use and expenditure of funds by the Office; (5) executing, administering, and enforcing— (A) the civil service rules and regulations of the President and the Office and the laws governing the civil service; and (B) the other activities of the Office in- cluding retirement and classification activi- ties; except with respect to functions for which the Merit Systems Protection Board or the Spe- cial Counsel is primarily responsible; (6) reviewing the operations under chapter 87 of this title; (7) aiding the President, as the President may request, in preparing such civil service rules as the President prescribes, and other- wise advising the President on actions which may be taken to promote an efficient civil service and a systematic application of the merit system principles, including recom- mending policies relating to the selection, pro- motion, transfer, performance, pay, conditions of service, tenure, and separation of employ- ees; (8) conducting, or otherwise providing for the conduct of, studies and research under chapter 47 of this title into methods of assur- ing improvements in personnel management; and (9) incurring official reception and represen- tation expenses of the Office subject to any limitation prescribed in any law. (b)(1) The Director shall publish in the Federal Register general notice of any rule or regulation which is proposed by the Office and the applica- tion of which does not apply solely to the Office or its employees. Any such notice shall include the matter required under section 553(b)(1), (2), and (3) of this title. (2) The Director shall take steps to ensure that— (A) any proposed rule or regulation to which paragraph (1) of this subsection applies is post- ed in offices of Federal agencies maintaining copies of the Federal personnel regulations; and (B) to the extent the Director determines ap- propriate and practical, exclusive representa- tives of employees affected by such proposed rule or regulation and interested members of the public are notified of such proposed rule or regulation. (3) Paragraphs (1) and (2) of this subsection shall not apply to any proposed rule or regula- tion which is temporary in nature and which is necessary to be implemented expeditiously as a result of an emergency. (4) Paragraphs (1) and (2) of this subsection and section 1105 of this title shall not apply to the establishment of any schedules or rates of basic pay or allowances under subpart D of part III of this title. The preceding sentence does not apply to the establishment of the procedures, methodology, or criteria used to establish such schedules, rates, or allowances. (c)(1) The Office of Personnel Management shall design a set of systems, including appro- priate metrics, for assessing the management of human capital by Federal agencies. (2) The systems referred to under paragraph (1) shall be defined in regulations of the Office of Personnel Management and include standards for— (A)(i) aligning human capital strategies of agencies with the missions, goals, and organi- zational objectives of those agencies; and (ii) integrating those strategies into the budget and strategic plans of those agencies; (B) closing skill gaps in mission critical oc- cupations; (C) ensuring continuity of effective leader- ship through implementation of recruitment, development, and succession plans; (D) sustaining a culture that cultivates and develops a high performing workforce; (E) developing and implementing a knowl- edge management strategy supported by ap- propriate investment in training and tech- nology; and (F) holding managers and human resources officers accountable for efficient and effective human resources management in support of agency missions in accordance with merit sys- tem principles. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 399; Pub. L. 95–454, title II, § 201(a), Oct. 13, 1978, 92 Stat. 1119; Pub. L. 99–251, title III, §§ 301, 302, Feb. 27, 1986, 100 Stat. 26; Pub. L. 107–296, title XIII, § 1304, Nov. 25, 2002, 116 Stat. 2289.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. [Uncodified]. 1949 Reorg. Plan No. 5, §§ 1, 2(a) (35th through 46th words), 3, eff. Aug. 20, 1949, 63 Stat. 1067, 1069. .................. 5 U.S.C. 632 (5th par.). July 31, 1956, ch. 804, § 201(b), 70 Stat. 742. 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. Page 268 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1104 Editorial Notes AMENDMENTS 2002—Subsec. (c). Pub. L. 107–296 added subsec. (c). 1986—Subsec. (a)(9). Pub. L. 99–251, § 301, added par. (9). Subsec. (b)(4). Pub. L. 99–251, § 302, added par. (4). 1978—Pub. L. 95–454 substituted ‘‘Functions of the Di- rector’’ for ‘‘Chairman; Vice Chairman; Executive Di- rector’’ in section catchline, and in text provisions re- lating to the functions of the Director of the Office of Personnel Management for provisions relating to the Chairman, Vice Chairman, and Executive Director of the United States Civil Service Commission. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–296, title XIII, § 1305, Nov. 25, 2002, 116 Stat. 2289, provided that: ‘‘This subtitle [subtitle A (§§ 1301–1305) of title XIII of Pub. L. 107–296, enacting chapter 14 of this title, amending this section, and en- acting provisions set out as a note under section 1401 of this title] shall take effect 180 days after the date of en- actment of this Act [Nov. 25, 2002].’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. § 1104. Delegation of authority for personnel management (a) Subject to subsection (b)(3) of this sec- tion— (1) the President may delegate, in whole or in part, authority for personnel management functions, including authority for competitive examinations, to the Director of the Office of Personnel Management; and (2) the Director may delegate, in whole or in part, any function vested in or delegated to the Director, including authority for competi- tive examinations (except competitive exami- nations for administrative law judges ap- pointed under section 3105 of this title, the cost of which examinations shall be reim- bursed by payments from the agencies employ- ing such judges to the revolving fund estab- lished under section 1304(e)), to the heads of agencies in the executive branch and other agencies employing persons in the competitive service. (b)(1) The Office shall establish standards which shall apply to the activities of the Office or any other agency under authority delegated under subsection (a) of this section. (2) The Office shall establish and maintain an oversight program to ensure that activities under any authority delegated under subsection (a) of this section are in accordance with the merit system principles and the standards estab- lished under paragraph (1) of this subsection. (3) Nothing in subsection (a) of this section shall be construed as affecting the responsibility of the Director to prescribe regulations and to ensure compliance with the civil service laws, rules, and regulations. (4) At the request of the head of an agency to whom a function has been delegated under sub- section (a)(2), the Office may provide assistance to the agency in performing such function. Such assistance shall, to the extent determined ap- propriate by the Director of the Office, be per- formed on a reimbursable basis through the re- volving fund established under section 1304(e). (c) If the Office makes a written finding, on the basis of information obtained under the pro- gram established under subsection (b)(2) of this section or otherwise, that any action taken by an agency pursuant to authority delegated under subsection (a)(2) of this section is con- trary to any law, rule, or regulation, or is con- trary to any standard established under sub- section (b)(1) of this section, the agency in- volved shall take any corrective action the Of- fice may require. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 399; Pub. L. 90–83, § 1(2), Sept. 11, 1967, 81 Stat. 195; Pub. L. 95–454, title II, § 201(a), Oct. 13, 1978, 92 Stat. 1120; Pub. L. 104–52, title IV, § 1, Nov. 19, 1995, 109 Stat. 489.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. [Uncodified]. 1949 Reorg. Plan No. 5, § 2(a) (less 35th through 46th words), (b), eff. Aug. 20, 1949, 63 Stat. 1067. .................. 5 U.S.C. 3013(a) (1st sentence, less 10th through 24th words). Sept. 28, 1959, Pub. L. 86–382, § 14(a) (1st sentence, less 10th through 24th words), 73 Stat. 716. In the first sentence, the word ‘‘officers’’ is omitted as included in ‘‘employees’’. Subsection (a)(1) is added on authority of the words ‘‘to secure accuracy, uniformity, and justice in all their proceedings’’ in the first sentence of former section 635, which is carried into section 1105. The function in this paragraph was transferred from the chief examiner to the Chairman of the United States Civil Service Com- mission by 1949 Reorg. Plan No. 5, § 2(a)(2). In subsection (a)(4), the words ‘‘requests for appro- priations’’ are substituted for ‘‘budget estimates’’ on authority of the Act of Sept. 12, 1950, ch. 946, § 102(f), 64 Stat. 833; 31 U.S.C. 22. In subsection (b)(2), the word ‘‘prescription’’ is sub- stituted for ‘‘promulgation’’ and the words ‘‘now vested in the Commission’’ are omitted as surplusage. In subsection (b)(4), the words ‘‘as is now authorized to be taken by the Commission’’ are omitted as sur- plusage. In subsection (b)(5), the words ‘‘civil service’’ are sub- stituted for ‘‘Federal service’’. In subsection (b)(7), the words ‘‘submission of re- quests for appropriations’’ are substituted for ‘‘revision and submission . . . of budget estimates’’ on authority of the Act of Sept. 12, 1950, ch. 946, § 102(f), 64 Stat. 833; 31 U.S.C. 22. 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. 1967 ACT Section of title 5 Source (U.S. Code) Source (Statutes at Large) 1104(a)(6) ... 5:8713(a). [None.] [Uncodified]. 1965 Reorg. Plan No. 4, §§ 11(a), (e) (as applicable to (a)), 12 (as applicable to § 11(a)), 13 (as applica- ble to § 11(a)), eff. July 27, 1965, 79 Stat. 1322. The paragraph added by this section is based on 5 U.S.C. 8713(a), and is restated to reflect the effect of