5 U.S.C. § 1104 — Delegation of authority for personnel

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 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