-Merit Systems Protection Board and Special Counsel. 1201 -Special Authority

1301

-Political Activity of Certain State and Local Employees. 1501

(57)

CHAPTER 11-OFFICE OF PERSONNEL MANAGEMENT

SEC.

1101. Office of Personnel Management.

1102. Director; Deputy Director; Associate Directors.

1103. Functions of the Director.

1104. Delegation of authority for personnel management. 1105. Administrative procedure.

§ 1101. Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal. which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropri ate locations. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1119.)

§ 1102. Director; Deputy Director; Associate Directors

(a) There is at the head of the Office of Personnel Management & Director of the Office of Personnel Management appointed by the President, by and with the advice and consent of the Senate. The term of office of any individual appointed as Director shall be 4

years.

(b) There is in the Office a Deputy Director of the Office of Personnel Management appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or when the office of Director is vacant.

(c) No individual shall, while serving as Director or Deputy Direc tor, serve in any other office or position in the Government of the United States except as otherwise provided by law or at the directio of the President. The Director and Deputy Director shall not recom mend any individual for appointment to any position (other tha Deputy Director of the Office) which requires the advice and conser of the Senate.

(d) There may be within the Office of Personnel Management no more than 5 Associate Directors, as determind from time to time bi the Director. Each Associate Director shall be appointed by th Director. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1119.)

§ 1103. Functions of the Director

(a) The following functions are vested in the Director of the Offic of Personnel Management, and shall be performed by the Director, o subject to section 1104 of this title, by such employees of the Office & the Director designates:

(1) securing accuracy, uniformity, and justice in the function of the Office:

(2) appointing individuals to be employed by the Office;

(3) directing and supervising employees of the Office, distributing business among employees 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 including retirement and classification activities;

except with respect to functions for which the Merit Systems Protection Board or the Special 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 Persident prescribes, and otherwise 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 recommending policies relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and separation of employees; and (8) conducting, or otherwise providing for the conduct of, studies and research under chapter 47 of this title into methods of assuring improvements in personnel management.

(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 application 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 posted in offices of Federal agencies maintaining copies of the Federal personnel regulations; and

(B) to the extent the Director determines appropriate and practical, exclusive representatives 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 regulation which is temporary in nature and which is necessary to be implemented expeditiously as a result of an mergency. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1120.)

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), to the heads of agencies in the executive branch and othe: agencies employing persons in the competitive service; except that the Director may not delegate authority for competitive examinations with respect to positions that have requirements whic are common to agencies in the Federal Government, other than i exceptional cases in which the interests of economy and efficiency require such delegation and in which such delegation will not weake the application of the merit system principles.

(b) (1) The Office shall establish standards which shall apply t the activities of the Office or any other agency under authority dele gated under subsection (a) of this section.

(2) The Office shall establish and maintain an oversight progra to ensure that activities under any authority delegated under subse tion (a) of this section are in accordance with the merit syste principles and the standards established under paragraph (1) o this subsection.

(3) Nothing in subsection (a) of this section shall be construe as affecting the responsibility of the Director to prescribe regula tions and to ensure compliance with the civil service laws, rules, and regulations.

(c) If the Office makes a written finding, on the basis of information obtained under the program established under subsection (b)(? of this section or otherwise, that any action taken by an agen pursuant to authority delegated under subsection (a)(2) of th section is contrary to any law, rule, or regulation, or is contrary t any standard established under subsection (b)(1) of this sectio the agency involved shall take any corrective action the Office ma require. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1120.)

§ 1105. Administrative procedure

Subject to section 1103 (b) of this title, in the exercise of the func tions assigned under this chapter, the Director shall be subject to subsections (b), (c), and (d) of section 553 of this title, notwithstand ing subsection (a) of such section 553. (Pub. L. 95 454, § 201 (a), Oct. 13, 1978, 92 Stat. 1121.)

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