1625-0120 Stat/Authority

Page 139

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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 appropriate 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 organizational 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 occupations;
(C) ensuring continuity of effective leadership 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 knowledge management strategy supported by appropriate investment in training and technology; 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 system 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

Revised Statutes and
Statutes at Large

U.S. Code

..................

[Uncodified].

..................

5 U.S.C. 632 (5th
par.).

1949 Reorg. Plan No. 5, §§ 1,
2(a) (35th through 46th
words), 3, eff. Aug. 20,
1949, 63 Stat. 1067, 1069.
July 31, 1956, ch. 804,
§ 201(b), 70 Stat. 742.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined
in the preface to the report.
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 Director’’ for ‘‘Chairman; Vice Chairman; Executive Director’’ in section catchline, and in text provisions relating 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.

§ 1104

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 enacting provisions set out as a note under section 1401 of
this title] shall take effect 180 days after the date of enactment 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 section—
(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 competitive examinations (except competitive examinations for administrative law judges appointed under section 3105 of this title, the
cost of which examinations shall be reimbursed by payments from the agencies employing such judges to the revolving fund established 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 established 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 subsection (a)(2), the Office may provide assistance
to the agency in performing such function. Such
assistance shall, to the extent determined appropriate by the Director of the Office, be performed on a reimbursable basis through the revolving fund established under section 1304(e).
(c) If the Office makes a written finding, on
the basis of information obtained under the program 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 contrary to any law, rule, or regulation, or is contrary to any standard established under subsection (b)(1) of this section, the agency involved shall take any corrective action the Office 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.

§ 1105

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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
..................

..................

Revised Statutes and
Statutes at Large

U.S. Code
[Uncodified].

5 U.S.C. 3013(a) (1st
sentence, less 10th
through 24th
words).

1949 Reorg. Plan No. 5, § 2(a)
(less 35th through 46th
words), (b), eff. Aug. 20,
1949, 63 Stat. 1067.
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 Commission by 1949 Reorg. Plan No. 5, § 2(a)(2).
In subsection (a)(4), the words ‘‘requests for appropriations’’ 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 substituted 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 surplusage.
In subsection (b)(5), the words ‘‘civil service’’ are substituted for ‘‘Federal service’’.
In subsection (b)(7), the words ‘‘submission of requests 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 definitions applicable and the style of this title as outlined
in the preface to the report.
1967 ACT
Section of
title 5
1104(a)(6) ...

Source (U.S. Code)
5:8713(a).
[Uncodified].

Source (Statutes at Large)
[None.]
1965 Reorg. Plan No. 4,
§§ 11(a), (e) (as applicable
to (a)), 12 (as applicable
to § 11(a)), 13 (as applicable 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
sections 11–13 of 1965 Reorganization Plan No. 4, effective July 27, 1965.
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 competitive 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 principles.’’
Subsec. (a)(2). Pub. L. 104–52, § 1(1)(A), inserted ‘‘, the
cost of which examinations shall be reimbursed by payments from the agencies employing such judges to the
revolving fund established under section 1304(e)’’ after
‘‘title’’ and substituted period for semicolon at end.

Page 140

Subsec. (b)(4). Pub. L. 104–52, § 1(2), added par. (4).
1978—Pub. L. 95–454 substituted ‘‘Delegation of authority 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 Commission.
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 subsections (b), (c), and (d) of section 553 of this
title, notwithstanding subsection (a) of such section 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).
[Uncodified].

Jan. 16, 1883, ch. 27, § 3 (less
last 24 words of 6th sentence, and less 7th sentence), 22 Stat. 404.
1949 Reorg. Plan No. 5, § 4,
eff. Aug. 19, 1949, 63 Stat.
1069.

..................

In subsection (a), the words ‘‘the District of Columbia’’ 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 persons, 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, uniformity, and justice in all their proceedings is restated
in section 1104(a)(1). The fourth sentence of former section 635, authorizing the Commission to employ a stenographer 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 surplusage.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined
in the preface to the report.
AMENDMENTS
1978—Pub. L. 95–454 substituted ‘‘Administrative procedure’’ for ‘‘Boards of examiners’’ in section catchline,
and in text provisions relating to administrative procedure applicable to administration of this chapter for
provisions relating to boards of examiners for the
United States Civil Service Commission.
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.