5 U.S.C. § 1305 — Administrative law judges

Page 292 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1305 ABOLITION OF HOUSE COMMITTEE ON POST OFFICE AND CIVIL SERVICE Committee on Post Office and Civil Service of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Ref- erences to Committee on Post Office and Civil Service treated as referring to Committee on Government Re- form and Oversight, see section 1(b) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Over- sight of House of Representatives changed to Com- mittee on Government Reform of House of Representa- tives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Re- form of House of Representatives changed to Com- mittee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. Committee on Over- sight and Government Reform of House of Representa- tives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 1305. Administrative law judges For the purpose of sections 3105, 3344, 4301(2)(D), and 5372 of this title and the provi- sions of section 5335(a)(B) of this title that re- late to administrative law judges, the Office of Personnel Management may, and for the pur- pose of section 7521 of this title, the Merit Sys- tems Protection Board may investigate, pre- scribe regulations, appoint advisory committees as necessary, recommend legislation, subpena witnesses and records, and pay witness fees as established for the courts of the United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 402; Pub. L. 90–83, § 1(3), Sept. 11, 1967, 81 Stat. 196; Pub. L. 95–251, § 2(a)(1), (b)(1), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–454, title VIII, § 801(a)(3)(B)(iii), title IX, § 906(a)(12), Oct. 13, 1978, 92 Stat. 1221, 1225; Pub. L. 102–378, § 2(4), Oct. 2, 1992, 106 Stat. 1346; Pub. L. 105–362, title XIII, § 1302(a), Nov. 10, 1998, 112 Stat. 3293.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1010 (5th sentence). June 11, 1946, ch. 324, § 11 (5th sentence), 60 Stat. 244. 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 This section amends 5 U.S.C. 1305 to correct a typo- graphical error. Editorial Notes AMENDMENTS 1998—Pub. L. 105–362 struck out ‘‘require reports by agencies, issue reports, including an annual report to Congress,’’ after ‘‘may investigate,’’. 1992—Pub. L. 102–378 substituted ‘‘sections 3105’’ for ‘‘section 3105’’. 1978—Pub. L. 95–454 substituted provisions respecting functions pursuant to specified sections of this title of the Office of Personnel Management and the Merit Sys- tems Protection Board for provisions respecting the functions pursuant to specified sections of this title of the Civil Service Commission. Pub. L. 95–251 substituted ‘‘Administrative law judges’’ for ‘‘Hearing examiners’’ in section catchline and ‘‘administrative law judges’’ for ‘‘hearing exam- iners’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by section 801(a)(3)(B)(iii) of Pub. L. 95–454 substituting ‘‘5372’’ for ‘‘5362’’ effective on first day of first applicable pay period beginning on or after the 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of this title. Amendment by section 906(a)(12) of Pub. L. 95–454 re- specting functions of the Office and the Board 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. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–83 effective as of Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, ex- cluding committees composed wholly of full-time offi- cers or employees of the Federal Government, to termi- nate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a com- mittee established by the President or an officer of the Federal Government, such committee is renewed by ap- propriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of this title. § 1306. Oaths to witnesses The Director of the Office of Personnel Man- agement and authorized representatives of the Director may administer oaths to witnesses in matters pending before the Office. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 402; Pub. L. 95–454, title IX, § 906(a)(13), Oct. 13, 1978, 92 Stat. 1226.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 634. Aug. 23, 1912, ch. 350, § 1 (last par. under ‘‘Civil Service Commission’’), 37 Stat. 372. .................. [Uncodified]. 1949 Reorg. Plan No. 5, § 2(c), eff. Aug. 19, 1949, 63 Stat. 1069. The section is rewritten to reflect expansion of au- thority of the Commission to include its Chairman under section 2(c) of 1949 Reorg. Plan No. 5. 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 provisions respecting powers of the Director of the Office of Personnel Man- agement in administering oaths in matters before the Office for provisions respecting powers of the Chairman of the Civil Service Commission and each Commis-