§ 1101. — Office of Personnel Management.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC1101]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
CHAPTER 11--OFFICE OF PERSONNEL MANAGEMENT
Sec. 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 appropriate
locations.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 398; Pub. L. 95-454, title II,
Sec. 201(a), Oct. 13, 1978, 92 Stat. 1119.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 632 (1st par.). Jan. 16, 1883, ch.
27, Sec. 1 (1st
par.), 22 Stat. 403.
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The words ``official place under the United States'' are changed to
``another office or position in the Government'' of the ``United
States'' to conform to the present legislative use of ``office'' and
``position''.
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 ``Office of Personnel Management''
for ``Appointment of Commissioners'' in section catchline, and in text
provisions relating to the establishment, etc., of the Office of
Personnel Management for provisions relating to the appointment of
members to the United States Civil Service Commission.
Effective Date of 1978 Amendment
Section 907 of Pub. L. 95-454 provided that: ``Except as otherwise
expressly provided in this Act, the provisions of this Act [see Tables
for classification] shall take effect 90 days after the date of the
enactment of this Act [Oct. 13, 1978].''
Short Title of 1992 Amendment
Pub. L. 102-378, Sec. 1(a), Oct. 2, 1992, 106 Stat. 1346, provided
that: ``This Act [see Tables for classification] may be cited as the
`Technical and Miscellaneous Civil Service Amendments Act of 1992'.''
Short Title of 1984 Amendment
Pub. L. 98-224, Sec. 1, Mar. 2, 1984, 98 Stat. 47, provided that:
``This Act [amending sections 1304, 3323, 4108, 4109, 7104, and 7122 of
this title] may be cited as the `Civil Service Miscellaneous Amendments
Act of 1983'.''
Short Title of 1978 Amendment
Section 1 of Pub. L. 95-454 provided that: ``This Act [see Tables
for classification] may be cited as the `Civil Service Reform Act of
1978'.''
Combined Federal Campaign Brochure List and General Designation Option
for International Agencies
Pub. L. 102-393, title V, Sec. 532, Oct. 6, 1992, 106 Stat. 1763,
provided that: ``Notwithstanding any other provision of law, beginning
October 1, 1992, and thereafter, no funds made available to the Office
of Personnel Management may be used to prepare, promulgate, or implement
any rules or regulations relating to the Combined Federal Campaign
unless such rules or regulations include a Combined Federal Campaign
brochure list and general designation option solely for international
agencies, which list (listed by Federation in the case of affiliated
agencies) and option shall include only those international agencies
that elect in their annual application to be included under such list
and option rather than under the national agencies list and option:
Provided, That such limitation on the use of funds shall not apply to
any activities related to the 1992 Combined Federal Campaign.''
Report on Productivity of Federal Workforce; Deadline
Pub. L. 101-509, title V, Sec. 535, Nov. 5, 1990, 104 Stat. 1470,
directed Office of Personnel Management to review and report to
Congress, not later than 24 months after Nov. 5, 1990, on the
productivity of the Federal workforce, such report to include
recommendations with regard to (1) how productivity within the Federal
workforce can be increased, the delivery of Government services
improved, and the payroll costs of Government controlled through
improved organization, training, advanced technology, and modern
management practices, (2) the size, structure, and composition of the
Federal workforce, (3) criteria for use by departments and agencies to
determine the level of personnel necessary to accomplish their functions
and goals, and (4) changes in Federal law, regulations, and
administrative practices to promote economy, productivity,
effectiveness, and managerial accountability within the Federal
workforce.
Funds for Preparation, Promulgation, or Implementation of Regulations
Relating to Combined Federal Campaign; Eligibility Criteria
Pub. L. 100-202, Sec. 101(m) [title VI, Sec. 618], Dec. 22, 1987,
101 Stat. 1329-390, 1329-423, provided that:
``(a) None of the funds appropriated by this Act, or any other Act
in this or any fiscal year hereafter, may be used in preparing,
promulgating, or implementing any regulations relating to the Combined
Federal Campaign if such regulations are not in conformance with
subsection (b).
``(b)(1)(A) Any requirements for eligibility to receive
contributions through the Combined Federal Campaign shall not, to the
extent that such requirements relate to litigation, public-policy
advocacy, or attempting to influence legislation, be any more
restrictive than any requirements established with respect to those
subject matters under section 501(c)(3) or 501(h) of the Internal
Revenue Code of 1986 [26 U.S.C. 501(c)(3), (h)].
``(B) Any requirements for eligibility to receive contributions
through the Combined Federal Campaign shall, to the extent that such
requirements relate to any subject matter other than one referred to in
subparagraph (A), remain the same as the criteria in the 1984
regulations, except as otherwise provided in this section.
``(C) Notwithstanding any requirement referred to in subparagraph
(A) or (B), for purposes of any Combined Federal Campaign--
``(i) any voluntary agency or federated group which was a named
plaintiff as of September 1, 1987, in a case brought in the United
States District Court for the District of Columbia, and designated
as Civil Action No. 83-0928 or 86-1367, and
``(ii) The Federal Employee Education and Assistance Fund,
shall be considered to have national eligibility.
``(D) Public accountability standards shall remain similar to the
standards which were by regulation established with respect to the 1984-
1987 Combined Federal Campaigns, except that the Office of Personnel
Management shall prescribe regulations under which a voluntary agency or
federated group which does not exceed a certain size (as established
under such regulations) may submit a copy of an appropriate Federal tax
return, rather than complying with any independent auditing requirements
which would otherwise apply.
``(2)(A) A voluntary agency or federated group shall, for purposes
of any Combined Federal Campaign in any year, be considered to have
national eligibility if such agency or group--
``(i) complies with all requirements for eligibility to receive
contributions through the Combined Federal Campaign, without regard
to any requirements relating to `local presence'; and
``(ii) demonstrates that it provided services, benefits, or
assistance, or otherwise conducted program activities, in--
``(I) 15 or more different States over the 3-year period
immediately preceding the start of the year involved; or
``(II) several foreign countries or several parts of a
foreign country.
For purposes of this subparagraph, an agency or federated group shall be
considered to have conducted program activities in the required number
of States, countries, or parts of a country, over the period of years
involved, if such agency or group conducted program activities in such
number of States, countries, or parts either in any single year during
such period or in the aggregate over the course of such period, provided
that no State, country, or part of a country is counted more than once.
``(B) Notwithstanding any other provisions, eligibility requirements
relating to International Services Agencies shall remain at least as
inclusive as existing requirements. Any voluntary agency or federated
group which attains national eligibility under subparagraph (A), and any
voluntary agency which is a member of the International Services
Agencies, shall be considered to have satisfied any requirements
relating to `local presence'.
``(3)(A) If a federated group is eligible to receive donations in a
Combined Federal Campaign, whether on a national level (pursuant to
certification by the Office) or a local level (pursuant to certification
by the local Federal coordinating committee), each voluntary agency
which is a member of such group may, upon certification by the federated
group, be considered eligible to participate on such national or local
level, as the case may be.
``(B) Notwithstanding any provision of subparagraph (A)--
``(i) the Office may require a voluntary agency to provide
information to support any certification submitted by a federated
group with respect to such agency under subparagraph (A); and
``(ii) if a determination is made, in writing after notice and
opportunity to submit written comments, that the information
submitted by the voluntary agency does not satisfy the applicable
eligibility requirements, such agency may be barred from
participating in the Combined Federal Campaign on a national or
local level, as the case may be, for a period not to exceed 1
campaign year.
``(4) The Office shall exercise oversight responsibility to ensure
that--
``(A) regulations are uniformly and equitably implemented in all
local combined Federal campaigns;
``(B) federated groups participating in a local combined Federal
campaign are allowed to compete fairly for the role of principal
combined fund organization;
``(C) federated groups participating in a local combined Federal
campaign are afforded--
``(i) adequate opportunity to consult with the PCFO for the
area involved before any plans are made final relating to the
design or conduct of such campaign (including plans pertaining
to any materials to be printed as part of the campaign);
``(ii) adequate opportunity to participate in campaign
events and other related activities; and
``(iii) timely access to all reports, budgets, audits, and
other records in the possession of, or under the control of, the
PCFO for the areas involved; and
``(D) a federated group or voluntary agency found by the Office,
by a written decision issued after notice and opportunity to submit
written comments, to have violated the regulations may be barred
from serving as a PCFO for not to exceed 1 campaign year.
``(5) The Office shall prescribe regulations to ensure that PCFOs do
not make inappropriate delegations of decisionmaking authority.
``(6)(A) The Office shall, in consultation with federated groups,
establish a formula under which any undesignated contributions received
in a local combined Federal campaign shall be allocated in any year.
``(B) Under the formula for the 1990 Combined Federal Campaign, all
undesignated contributions received in a local campaign shall be
allocated as follows:
``(i) 82 percent shall be allocated to the United Way.
``(ii) 7 percent shall be allocated to the International
Services Agencies.
``(iii) 7 percent shall be allocated to the National Voluntary
Health Agencies.
``(iv) 4 percent shall, after fair and careful consideration of
all eligible federated groups and agencies, be allocated by the
local Federal coordinating committee among any or all of the
following:
``(I) National federated groups (other than any identified
in clauses (i), (ii), or (iii)), except that a national
federated group shall not be eligible under this subclause
unless there are at least 15 members of such group participating
in the local campaign, unless the members of such group
collectively receive at least 4 percent of the designated
contributions in the local campaign, and unless such group was
granted national eligibility status for the 1987, 1988, 1989, or
1990 Combined Federal Campaign.
``(II) Local federated groups.
``(III) Any local, non-affiliated voluntary agency which
receives at least 4 percent of the designated contributions in
the local campaign.
``(C) The formula set forth in subparagraph (B)--
``(i) shall be phased in over the course of the 1988 and 1989
Combined Federal Campaigns;
``(ii) shall be fully implemented with respect to the 1990
Combined Federal Campaigns [sic]; and
``(iii) shall, with respect to any Combined Federal Campaign
thereafter, be adjusted based on the experience gained in the
Combined Federal Campaigns referred to in clauses (i) and (ii).
``(D) Nothing in this paragraph shall apply with respect to any
campaign conducted in a foreign country.
``(E) All appropriate steps shall be taken to encourage donors to
make designated contributions.
``(7) The option for a donor to write in the name of a voluntary
agency or federated group not listed in the campaign brochure to receive
that individual's contribution in a local campaign shall be eliminated.
``(8) The name of any individual making a designated contribution in
a campaign shall, upon request of the recipient voluntary agency or
federated group, be released to such agency or group, unless the
contributor indicates that his or her name is not to be released. Under
no circumstance may the names of contributors be sold or otherwise
released by such agency or group.
``(9)(A) The name of each participating voluntary agency and
federated group, together with a brief description of their respective
programs, shall be published in any information leaflet distributed to
employees in a local combined Federal campaign. Agencies shall be
arranged by federated group, with combined Federal campaign organization
code numbers corresponding to each such agency and group.
``(B) The requirement under subparagraph (A) relating to the
inclusion of program descriptions may, at the discretion of a local
Federal coordinating committee, be waived for a local campaign in any
year if, in the immediately preceding campaign year, contributions
received through the local campaign totalled less than $100,000.
``(10) Employee coercion is not to be tolerated in the Combined
Federal Campaign, and protections against employee coercion shall be
strengthened and clarified.
``(11) The Office--
``(A) may not, after the date of the enactment of this Act [Dec.
22, 1987], grant national eligibility status to any federated group
unless such group has at least 15 member voluntary agencies, each of
which meets the requirements for national eligibility under
paragraph (2)(A); and
``(B) may withdraw federation status from any federated group
for a period of not to exceed 1 campaign year if it is determined,
on the record after opportunity for a hearing, that the federated
group has not complied with the regulatory requirements.
``(12) The Office may bar from participation in the Combined Federal
Campaign, for a period not to exceed 1 campaign year, any voluntary
agency which the Office determines, in writing, and after notice and
opportunity to submit written comments, did not comply with a reasonable
request by the Office to furnish it with information relating to such
agency's campaign accounting and auditing practices.
``(c) For purposes of this section, a voluntary agency or federated
group having `national eligibility' is one which is eligible to
participate in each local domestic combined Federal campaign.''
Civil Service Reform Act of 1978 Findings and Statement of Purpose
Section 3 of Pub. L. 95-454 provided that: ``It is the policy of the
United States that--
``(1) in order to provide the people of the United States with a
competent, honest, and productive Federal work force reflective of
the Nation's diversity, and to improve the quality of public
service, Federal personnel management should be implemented
consistent with merit system principles and free from prohibited
personnel practices;
``(2) the merit system principles which shall govern in the
competitive service and in the executive branch of the Federal
Government should be expressly stated to furnish guidance to Federal
agencies in carrying out their responsibilities in administering the
public business, and prohibited personnel practices should be
statutorily defined to enable Federal employees to avoid conduct
which undermines the merit system principles and the integrity of
the merit system;
``(3) Federal employees should receive appropriate protection
through increasing the authority and powers of the Merit Systems
Protection Board in processing hearings and appeals affecting
Federal employees;
``(4) the authority and power of the Special Counsel should be
increased so that the Special Counsel may investigate allegations
involving prohibited personnel practices and reprisals against
Federal employees for the lawful disclosure of certain information
and may file complaints against agency officials and employees who
engage in such conduct;
``(5) the function of filling positions and other personnel
functions in the competitive service and in the executive branch
should be delegated in appropriate cases to the agencies to expedite
processing appointments and other personnel actions, with the
control and oversight of this delegation being maintained by the
Office of Personnel Management to protect against prohibited
personnel practices and the use of unsound management practices by
the agencies;
``(6) a Senior Executive Service should be established to
provide the flexibility needed by agencies to recruit and retain the
highly competent and qualified executives needed to provide more
effective management of agencies and their functions, and the more
expeditious administration of the public business;
``(7) in appropriate instances, pay increases should be based on
quality of performance rather than length of service;
``(8) research programs and demonstration projects should be
authorized to permit Federal agencies to experiment, subject to
congressional oversight, with new and different personnel management
concepts in controlled situations to achieve more efficient
management of the Government's human resources and greater
productivity in the delivery of service to the public;
``(9) the training program of the Government should include
retraining of employees for positions in other agencies to avoid
separations during reductions in force and the loss to the
Government of the knowledge and experience that these employees
possess; and
``(10) the right of Federal employees to organize, bargain
collectively, and participate through labor organizations in
decisions which affect them, with full regard for the public
interest and the effective conduct of public business, should be
specifically recognized in statute.''
Savings Provision
Section 902 of Pub. L. 95-454 provided that:
``(a) Except as otherwise provided in this Act [see Tables for
classification], all executive orders, rules, and regulations affecting
the Federal service shall continue in effect, according to their terms,
until modified, terminated, superseded, or repealed by the President,
the Office of Personnel Management, the Merit Systems Protection Board,
the Equal Employment Opportunity Commission, or the Federal Labor
Relations Authority with respect to matters within their respective
jurisdictions.
``(b) No provision of this Act [see Tables for classification] shall
affect any administrative proceedings pending at the time such provision
takes effect. Orders shall be issued in such proceedings and appeals
shall be taken therefrom as if this Act had not been enacted.
``(c) No suit, action, or other proceeding lawfully commenced by or
against the Director of the Office of Personnel Management or the
members of the Merit Systems Protection Board, or officers or employees
thereof, in their official capacity or in relation to the discharge of
their official duties, as in effect immediately before the effective
date of this Act [see Effective Date of 1978 Amendment note above],
shall abate by reason of the enactment of this Act [see Tables for
classification]. Determinations with respect to any such suit, action,
or other proceeding shall be made as if this Act had not been enacted.''
Powers of President Unaffected Except by Express Provisions
Section 904 of Pub. L. 95-454 provided that:
``Except as otherwise expressly provided in this Act [see Tables for
classification], no provision of this Act shall be construed to--
``(1) limit, curtail, abolish, or terminate any function of, or
authority available to, the President which the President had
immediately before the effective date of this Act [see Effective
Date of 1978 Amendment note above]; or
``(2) limit, curtail, or terminate the President's authority to
delegate, redelegate, or terminate any delegation of functions.''
Reorganization Plans No. 1 and 2 of 1978 Superseded by Civil Service
Reform Act of 1978
Section 905 of Pub. L. 95-454 provided that: ``Any provision in
either Reorganization Plan Numbered 1 [set out in the Appendix to this
title] or 2 [set out below] of 1978 inconsistent with any provision in
this Act [see Tables for classification] is hereby superseded.''
REORGANIZATION PLAN NO. 2 OF 1978
43 F.R. 36037, 92 Stat. 3783
Prepared by the President and transmitted to the Senate and the House of
Representatives in Congress assembled, May 23, 1978,\1\ pursuant to
the provisions of Chapter 9 of Title 5 of the United States Code.
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\1\ As amended July 11, 1978.
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PART I. OFFICE OF PERSONNEL MANAGEMENT
Section 101. Establishment of the Office of Personnel Management and Its
Director and Other Matters
There is hereby established as an independent establishment in the
Executive Branch, the Office of Personnel Management (the ``Office'').
The head of the Office shall be the Director of the Office of Personnel
Management (the ``Director''), who shall be appointed by the President,
by and with the advice and consent of the Senate, and shall be
compensated at the rate now or hereafter provided for level II of the
Executive Schedule [5 U.S.C. 5313]. The position referred to in 5 U.S.C.
5109(b) is hereby abolished.
Sec. 102. Transfer of Functions
Except as otherwise specified in this Plan, all functions vested by
statute in the United States Civil Service Commission, or the Chairman
of said Commission, or the Boards of Examiners established by 5 U.S.C.
1105 are hereby transferred to the Director of the Office of Personnel
Management.
Sec. 103. Deputy Director and Associate Directors
(a) There shall be within the Office a Deputy Director who shall be
appointed by the President by and with the advice and consent of the
Senate and who shall be compensated at the rate now or hereafter
provided for level III of the Executive Schedule [5 U.S.C. 5314]. 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 in the event of a vacancy in the Office of
the Director.
(b) There shall be within the Office not more than five Associate
Directors, who shall be appointed by the Director in the excepted
service, shall have such titles as the Director shall from time to time
determine, and shall receive compensation at the rate now or hereafter
provided for level IV of the Executive Schedule [5 U.S.C. 5315].
Sec. 104. Functions of the Director
The functions of the Director shall include, but not be limited to,
the following:
(a) Aiding the President, as the President may request, in preparing
such rules as the President prescribes, for the administration of
civilian employment now within the jurisdiction of the United States
Civil Service Commission;
(b) Advising the President, as the President may request, on any
matters pertaining to civilian employment now within the jurisdiction of
the United States Civil Service Commission;
(c) Executing, administering and enforcing the Civil Service rules
and regulations of the President and the Office and the statutes
governing the same, and other activities of the Office including
retirement and classification activities except to the extent such
functions remain vested in the Merit Systems Protection Board pursuant
to Section 202 of this Plan, or are transferred to the Special Counsel
pursuant to Section 204 of this Plan. The Director shall provide the
public, where appropriate, a reasonable opportunity to comment and
submit written views on the implementation and interpretation of such
rules and regulations;
(d) Conducting or otherwise providing for studies and research for
the purpose of assuring improvements in personnel management, and
recommending to the President actions to promote an efficient Civil
Service and a systematic application of the merit system principles,
including measures relating to the selection, promotion, transfer,
performance, pay, conditions of service, tenure, and separations of
employees; and
(e) Performing the training responsibilities now performed by the
United States Civil Service Commission as set forth in 5 U.S.C. Chapter
41.
Sec. 105. Authority To Delegate Functions
The Director may delegate, from time to time, to the head of any
agency employing persons in the competitive service, the performance of
all or any part of those functions transferred under this Plan to the
Director which relate to employees, or applicants for employment, of
such agency.
PART II. MERIT SYSTEMS PROTECTION BOARD
Sec. 201. Merit Systems Protection Board
(a) The United States Civil Service Commission is hereby
redesignated the Merit Systems Protection Board. The Commissioners of
the United States Civil Service Commission are hereby redesignated as
members of the Merit Systems Protection Board (the ``Board'').
(b) The Chairman of the Board shall be its chief executive and
administrative officer. The position of Executive Director, established
by 5 U.S.C. 1103(d), is hereby abolished.
Sec. 202. Functions of the Merit Systems Protection Board and Related
Matters
(a) There shall remain with the Board the hearing, adjudication, and
appeals functions of the United States Civil Service Commission
specified in 5 U.S.C. 1104(b)(4) (except hearings, adjudications and
appeals with respect to examination ratings), and also found in the
following statutes:
(i) 5 U.S.C. 1504-1507, 7325, 5335, 7521, 7701 and 8347(d);
(ii) 38 U.S.C. 2023
(b) There shall remain with the Board the functions vested in the
United States Civil Service Commission, or its Chairman, pursuant to 5
U.S.C. 1104(a)(5) and (b)(4) to enforce decisions rendered pursuant to
the authorities described in Subsection (a) of this Section.
(c) Any member of the Board may request from the Director, in
connection with a matter then pending before the Board for adjudication,
an advisory opinion concerning interpretation of rules, regulations, or
other policy directives promulgated by the Office of Personnel
Management.
(d) Whenever the interpretation or application of a rule,
regulation, or policy directive of the Office of Personnel Management is
at issue in any hearing, adjudication, or appeal before the Board, the
Board shall promptly notify the Director, and the Director shall have
the right to intervene in such proceedings.
(e) The Board shall designate individuals to chair performance
rating boards established pursuant to 5 U.S.C. 4305.
(f) The Chairman of the Board shall designate representatives to
chair boards of review established pursuant to 5 U.S.C. 3383(b).
(g) The Board may from time to time conduct special studies relating
to the Civil Service, and to other merit systems in the Executive Branch
and report to the President and the Congress whether the public interest
in a workforce free of personnel practices prohibited by law or
regulations is being adequately protected. In carrying out this function
the Board shall make such inquiries as may be necessary, and, to the
extent permitted by law, shall have access to personnel records or
information collected by the Office of Personnel Management and may
require additional reports from other agencies as needed. The Board
shall make such recommendations to the President and the Congress as it
deems appropriate.
(h) The Board may delegate the performance of any of its
administrative functions to any officer or employee of the Board.
(i) The Board shall have the authority to prescribe such regulations
as may be necessary for the performance of its functions. The Board
shall not issue advisory opinions. The Board may issue rules and
regulations, consistent with statutory requirements, defining its review
procedures, including the time limits within which an appeal must be
filed and the rights and responsibilities of the parties to an appeal.
All regulations of the Board shall be published in the Federal Register.
Sec. 203. Savings Provision
The Board shall accept appeals from agency actions effected prior to
the effective date of this Plan. On the effective date of Part II of
this Plan, proceedings then before the Federal Employee Appeals
Authority shall continue before the Board; proceedings then before the
Appeals Review Board and proceedings then before the United States Civil
Service Commission on appeal from decisions of the Appeals Review Board
shall continue before the Board; other employee appeals before boards or
other bodies pursuant to law or regulation shall continue to be
processed pursuant to those laws or regulations. Nothing in this section
shall affect the right of a Federal employee to judicial review under
applicable law.
Sec. 204. The Special Counsel
(a) There shall be a Special Counsel to the Board appointed for a
term of four years by the President by and with the advice and consent
of the Senate, who shall be compensated as now or hereafter provided for
level IV of the Executive Schedule [5 U.S.C. 5315].
(b) There are hereby transferred to the Special Counsel all
functions with respect to investigations relating to violations of 5
U.S.C. Chapter 15; 5 U.S.C. Subchapter III of Chapter 73 (Political
Activities); and 5 U.S.C. 552(a)(4)(F) (public information).
(c) The Special Counsel may investigate, pursuant to 5 U.S.C. 1303,
allegations of personnel practices which are prohibited by law or
regulation.
(d) When in the judgment of the Special Counsel, such personnel
practices exist, he shall report his findings and recommendations to the
Chairman of the Merit Systems Protection Board, the agency affected, and
to the Office of Personnel Management, and may report such findings to
the President.
(e) When in the judgment of the Special Counsel, the results of an
investigation would warrant the taking of disciplinary action against an
employee who is within the jurisdiction of the Board, the Special
Counsel shall prepare charges against such employee and present them
with supporting documentation to the Board. Evidence supporting the need
for disciplinary action against a Presidential appointee shall be
submitted by the Special Counsel to the President.
(f) The Special Counsel may appoint personnel necessary to assist in
the performance of his functions.
(g) The Special Counsel shall have the authority to prescribe rules
and regulations relating to the receipt and investigation of matters
under his jurisdiction. Such regulations shall be published in the
Federal Register.
(h) The Special Counsel shall not issue advisory opinions.
PART III. FEDERAL LABOR RELATIONS AUTHORITY
Sec. 301. Establishment of the Federal Labor Relations Authority
(a) There is hereby established, as an independent establishment in
the Executive Branch, the Federal Labor Relations Authority (the
``Authority''). The Authority shall be composed of three members, one of
whom shall be Chairman, not more than two of whom may be adherents of
the same political party, and none of whom may hold another office or
position in the Government of the United States except where provided by
law or by the President.
(b) Members of the Authority shall be appointed by the President, by
and with the advice and consent of the Senate. The President shall
designate one member to serve as Chairman of the Authority, who shall be
compensated at the rate now or hereafter provided for level III of the
Executive Schedule [5 U.S.C. 5314]. The other members shall be
compensated at the rate now or hereafter provided for level IV of the
Executive Schedule [5 U.S.C. 5315].
(c) The initial members of the Authority shall be appointed as
follows: one member for a term of two years; one member for a term of
three years; and the Chairman for a term of four years. Thereafter, each
member shall be appointed for a term of four years. An individual chosen
to fill a vacancy shall be appointed for the unexpired term of the
member replaced.
(d) The Authority shall make an annual report on its activities to
the President for transmittal to Congress.
Sec. 302. Establishment of the General Counsel of the Authority
There shall be a General Counsel of the Authority, who shall be
appointed by the President, by and with the advice and consent of the
Senate for a term of four years, and who shall be compensated at the
rate now or hereafter provided for level V of the Executive Schedule [5
U.S.C. 5316]. The General Counsel shall perform such duties as the
Authority shall from time to time prescribe, including but not limited
to the duty of determining and presenting facts required by the
Authority in order to decide unfair labor practice complaints.
Sec. 303. The Federal Service Impasses Panel
The Federal Service Impasses Panel, established under Executive
Order 11491, as amended [set out under 5 U.S.C. 7101], (the ``Panel'')
shall continue, and shall be a distinct organizational entity within the
Authority.
Sec. 304. Functions
Subject to the provisions of Section 306, the following functions
are hereby transferred:
(a) To the Authority--
(1) The functions of the Federal Labor Relations Council pursuant to
Executive Order 11491, as amended [set out under 5 U.S.C. 7101];
(2) The functions of the Civil Service Commission under Sections
4(a) and 6(e) of Executive Order 11491, as amended;
(3) The functions of the Assistant Secretary of Labor for Labor-
Management Relations, under Executive Order 11491, as amended, except
for those functions related to alleged violations of the standards of
conduct for labor organizations pursuant to Section 6(a)(4) of said
Executive Order; and,
(b) to the Panel--the functions and authorities of the Federal
Service Impasses Panel, pursuant to Executive Order 11491, as amended.
Sec. 305. Authority Decisions
The decisions of the Authority on any matter within its jurisdiction
shall be final and not subject to judicial review.
Sec. 306. Other Provisions
Unless and until modified, revised, or revoked, all policies,
regulations, and procedures established, and decisions issued, under
Executive Order 11491, as amended [set out under 5 U.S.C. 7101], shall
remain in full force and effect. There is hereby expressly reserved to
the President the power to modify the functions transferred to the
Federal Labor Relations Authority and the Federal Service Impasses Panel
pursuant to Section 304 of this Plan.
Sec. 307. Savings Provision
All matters which relate to the functions transferred by Section 304
of this Plan, and which are pending on the effective date of the
establishment of the Authority before the Federal Labor Relations
Council, the Vice Chairman of the Civil Service Commission, or the
Assistant Secretary of Labor for Labor-Management Relations shall
continue before the Authority under such rules and procedures as the
Authority shall prescribe. All such matters pending on the effective
date of the establishment of the Authority before the Panel, shall
continue before the Panel under such rules and procedures as the Panel
shall prescribe.
PART IV. GENERAL PROVISIONS
Sec. 401. Incidental Transfer
So much of the personnel, property, records, and unexpended balances
of appropriations, allocations and other funds employed, used, held,
available, or to be made available in connection with the functions
transferred under this Plan, as the Director of the Office of Management
and Budget shall determine, shall be transferred to the appropriate
agency, or component at such time or times as the Director of the Office
of Management and Budget shall provide, except that no such unexpended
balances transferred shall be used for purposes other than those for
which the appropriation was originally made. The Director of the Office
of Management and Budget shall provide for terminating the affairs of
any agencies abolished herein and for such further measures and
dispositions as such Director deems necessary to effectuate the purposes
of this Reorganization Plan.
Sec. 402. Interim Officers
(a) The President may authorize any persons who, immediately prior
to the effective date of this Plan, held positions in the Executive
Branch of the Government, to act as Director of the Office of Personnel
Management, the Deputy Director of the Office of Personnel Management,
the Special Counsel, the Chairman and other members of the Federal Labor
Relations Authority, the Chairman and other members of the Federal
Service Impasses Panel, or the General Counsel of the Authority, until
those offices are for the first time filled pursuant to the provisions
of this Reorganization Plan or by recess appointment, as the case may
be.
(b) The President may authorize any such person to receive the
compensation attached to the Office in respect of which that person so
serves, in lieu of other compensation from the United States.
Sec. 403. Effective Date
The provisions of this Reorganization Plan shall become effective at
such time or times, on or before January 1, 1979, as the President shall
specify, but not sooner than the earliest time allowable under Section
906 of Title 5, United States Code.
[Pursuant to Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, this
Reorg. Plan is generally effective Jan. 1, 1979.]
Message of the President
To the Congress of the United States:
On March 2nd I sent to Congress a Civil Service Reform proposal to
enable the Federal government to improve its service to the American
people.
Today I am submitting another part of my comprehensive proposal to
reform the Federal personnel management system through Reorganization
Plan No. 2 of 1978. The plan will reorganize the Civil Service
Commission and thereby create new institutions to increase the
effectiveness of management and strengthen the protection of employee
rights.
The Civil Service Commission has acquired inherently conflicting
responsibilities: to help manage the Federal Government and to protect
the rights of Federal employees. It has done neither job well. The Plan
would separate the two functions.
office of personnel management
The positive personnel management tasks of the government--such as
training, productivity programs, examinations, and pay and benefits
administration--would be the responsibility of an Office of Personnel
Management. Its Director, appointed by the President and confirmed by
the Senate, would be responsible for administering Federal personnel
matters except for Presidential appointments. The Director would be the
government's principal representative in Federal labor relations
matters.
merit systems protection board
The adjudication and prosecution responsibilities of the Civil
Service Commission will be performed by the Merit Systems Protection
Board. The Board will be headed by a bipartisan panel of three members
appointed to six-year, staggered terms. This Board would be the first
independent and institutionally impartial Federal agency solely for the
protection of Federal employees.
The Plan will create, within the Board, a Special Counsel to
investigate and prosecute political abuses and merit system violations.
Under the civil service reform legislation now being considered by the
Congress, the Counsel would have power to investigate and prevent
reprisals against employees who report illegal acts--the so-called
``whistleblowers.'' The Council would be appointed by the President and
confirmed by the Senate.
federal labor relations authority
An Executive Order now vests existing labor-management relations in
a part-time Federal Labor-Relations Council, comprised of three top
government managers; other important functions are assigned to the
Assistant Secretary of Labor for Labor-Management Relations. This
arrangement is defective because the Council members are part-time, they
come exclusively from the ranks of management and their jurisdiction is
fragmented.
The Plan I submit today would consolidate the central policymaking
functions in labor-management relations now divided between the Council
and the Assistant Secretary into one Federal Labor Relations Authority.
The Authority would be composed of three full-time members appointed by
the President with the advice and consent of the Senate. Its General
Counsel, also appointed by the President and confirmed by the Senate,
would present unfair labor practice complaints. The Plan also provides
for the continuance of the Federal Service Impasses Panel within the
Authority to resolve negotiating impasses between Federal employee
unions and agencies.
The cost of replacing the Civil Service Commission can be paid by
our present resources. The reorganization itself would neither increase
nor decrease the costs of personnel management throughout the
government. But taken together with the substantive reforms I have
proposed, this Plan will greatly improve the government's ability to
manage programs, speed the delivery of Federal services to the public,
and aid in executing other reorganizations I will propose to the
Congress, by improving Federal personnel management.
Each of the provisions of this proposed reorganization would
accomplish one or more of the purposes set forth in 5 U.S.C. 901(a). No
functions are abolished by the Plan, but the offices referred to in 5
U.S.C. 5109(b) and 5 U.S.C. 1103(d) are abolished. The portions of the
Plan providing for the appointment and pay for the head and one or more
officers of the Office of Personnel Management, the Merit Systems
Protection Board, the Federal Labor Relations Authority and the Federal
Service Impasses Panel, are necessary to carry out the reorganization.
The rates of compensation are comparable to those for similar positions
within the Executive Branch.
I am confident that this Plan and the companion civil service reform
legislation will both lead to more effective protection of Federal
employees' legitimate rights and a more rewarding workplace. At the same
time the American people will benefit from a better managed, more
productive and more efficient Federal Government.
Jimmy Carter.
The White House, May 23, 1978.
Executive Order No. 10729
Ex. Ord. No. 10729, Sept. 16, 1957, 22 F.R. 7449, which established
the position of the Special Assistant to the President for Personnel
Management, was revoked by Ex. Ord. No. 11205, Mar. 15, 1965, 30 F.R.
3513.
Ex. Ord. No. 11205. Revocation of Executive Order No. 10729
Ex. Ord. No. 11205, Mar. 15, 1965, 30 F.R. 3513, provided:
By virtue of the authority vested in me as President of the United
States, the position of Special Assistant to the President for Personnel
Management, established by Executive Order No. 10729 of September 16,
1957, is abolished, and that Order is hereby revoked.
Lyndon B. Johnson.
Ex. Ord. No. 12107. Implementation of Reform of Personnel Management
System
Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, as amended by Ex.
Ord. No. 12126, Mar. 29, 1979, 44 F.R. 18923; Ex. Ord. No. 12128, Apr.
4, 1979, 44 F.R. 20625, provided:
By virtue of the authority vested in me as President by the
Constitution and statutes of the United States of America, and by
Section 403 of Reorganization Plan No. 2 of 1978 (43 FR 36037) [set out
above], it is hereby ordered as follows:
Section 1
implementation of reorganization plan no. 2 of 1978
1-1. Office of Personnel Management
1-101. Establishment of Office of Personnel Management. The
establishment of the Office of Personnel Management and of the positions
of Director, Deputy Director, and Associate Directors of that Office, as
provided in Sections 101 and 103 of Reorganization Plan No. 2 of 1978,
shall be effective on January 1, 1979.
1-102. Transfer of Functions. Section 102 of Reorganization Plan No.
2 of 1978, transferring functions to the Director of the Office of
Personnel Management, shall be effective on January 1, 1979.
1-2. Merit Systems Protection Board
1-201. Redesignation of Civil Service Commission. The redesignation
of the Civil Service Commission as the Merit Systems Protection Board
and of the Commissioners as Members of the Board as provided in Section
201 of Reorganization Plan No. 2 of 1978 shall be effective on January
1, 1979.
1-202. Functions of the Merit Systems Protection Board. The
functions of the Merit Systems Protection Board as provided in Section
202 and the savings provisions of Section 203 of Reorganization Plan No.
2 of 1978 shall be effective on January 1, 1979.
1-3. The Special Counsel
1-301. Establishment of the Office of Special Counsel. The
establishment of the Office of Special Counsel to the Merit Systems
Protection Board as provided in Section 204(a) of Reorganization Plan
No. 2 of 1978 shall be effective on January 1, 1979.
1-302. Functions of the Special Counsel. The transfer of functions
provided for in Section 204(b) and the performance of functions set
forth in Section 204(c)-(g) of Reorganization Plan No. 2 of 1978 shall
be effective on January 1, 1979.
1-4. The Federal Labor Relations Authority
1-401. The Establishment of the Federal Labor Relations Authority
and the Office of General Counsel. The establishment of the Federal
Labor Relations Authority as provided in Section 301 and of the Office
of General Counsel of the Authority as provided in Section 302 of
Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979.
1-402. The Federal Service Impasses Panel. The continuation of the
Federal Service Impasses Panel established under Executive Order No.
11491, as amended [set out as a note under section 7101 of this title],
as a distinct organizational entity within the Federal Labor Relations
Authority as provided in Section 303 of Reorganization Plan No. 2 of
1978, shall be effective on January 1, 1979.
1-403. Functions of the Federal Labor Relations Authority, the
General Counsel, and the Federal Service Impasses Panel. The transfer of
functions provided for in Section 304 of Reorganization Plan No. 2 of
1978 shall be effective on January 1, 1979.
1-5. General
1-501. General Effective Date. All other provisions of
Reorganization Plan No. 2 of 1978 shall be effective on January 1, 1979.
Section 2
redesignations, amendments to rules and executive orders and general
provisions
2-1. Redesignations
2-101. Office of Personnel Management. Each of the Executive orders,
as amended, listed in this Section under subsections (a) and (b), as
applicable, and any other order which relates to functions or areas of
responsibility delegated to the Office of Personnel Management, is
amended and revised by substituting the words ``Office of Personnel
Management'' for the words ``Civil Service Commission'' or ``United
States Civil Service Commission''; by substituting the word ``Office''
for the word ``Commission'' wherever the word ``Commission'' is used as
a reference to United States Civil Service Commission; and by
substituting the words ``Director, Office of Personnel Management'' for
the words ``Chairman, Civil Service Commission'', ``Chairman, United
States Civil Service Commission'', ``Commissioners'' or ``Commissioner''
wherever they appear.
(a) Executive orders relating to the Civil Service Rules, ethics and
other matters of Presidential interest.
Executive Orders Numbered
8743
10577, as amended, except for Rules IV and V, as
amended in this order,
10641
10717
10927
11183
11222
11315
11451
11570
11639
11648
11721
11935
12004
12014
12043
(b) Other Executive orders relating to Federal Personnel Management,
and membership on Councils, Boards, and Committees.
Executive Orders Numbered
8744
9230
9712
9830
9932
9961
10000
10242
10422
10450
10459
10530
10549
10550
10552
10556
10647
10763
10774, except for Section 3(e)
10804
10826
10880
10903
10973
10982
11103
11171
11203
11219
11228
11264
11348
11355
11422
11434
11438
11490
11521
11552
11561
11579
11589
11603
11609
11639
11744
11817
11890
11895
11899
11938
11955
12008
12015
12027
12049
12067
12070
12089
12105
2-102. Merit Systems Protection Board. The provisions of Section
3(e) of Executive Order No. 10774 [set out as a note under section 2025
of Title 22, Foreign Relations and Intercourse], and Executive Order No.
11787 [formerly set out as a note under section 7701 of this title], are
hereby amended and revised by substituting the words ``Merit Systems
Protection Board'' for the words ``Civil Service Commission'' or
``Commission'' when used as a reference to the Civil Service Commission
wherever such words appear.
2-103. Amending the Civil Service Rules. Section 101 of Executive
Order No. 10577, as amended [set out as a note under section 3301 of
this title], is further amended by substituting for Rule II--Appointment
Through the Competitive System, a new Sec. 2.4 as follows:
``Sec. 2.4. Probationary period. Persons selected from registers of
eligibles for career or career-conditional appointment and employees
promoted, transferred, or otherwise assigned, for the first time, to
supervisory or managerial positions shall be required to serve a
probationary period under terms and conditions prescribed by the
Office.'';
by deleting the last sentence under Rule IV--Prohibited Practices,
Sec. 4.3; and
by substituting for Rule V--Regulations, Investigations, and
Enforcement, a new Rule V as follows:
``RULE V--REGULATIONS, INVESTIGATIONS, EVALUATION, AND ENFORCEMENT''
``Sec. 5.1. Civil Service Regulations. The Director, Office of
Personnel Management, shall promulgate and enforce regulations necessary
to carry out the provisions of the Civil Service Act and the Veterans'
Preference Act, as reenacted in Title 5, United States Code, the Civil
Service Rules, and all other statutes and Executive orders imposing
responsibilities on the Office. The Director is authorized, whenever
there are practical difficulties and unnecessary hardships in complying
with the strict letter of the regulation, to grant a variation from the
strict letter of the regulation if such a variation is within the spirit
of the regulations, and the efficiency of the Government and the
integrity of the competitive service are protected and promoted.
Whenever a variation is granted the Director shall note the official
record to show: (1) the particular practical difficulty or hardship
involved, (2) what is permitted in place of what is required by
regulation, (3) the circumstances which protect or promote the
efficiency of the Government and the integrity of the competitive
service, and (4) a statement limiting the application of the variation
to the continuation of the conditions which gave rise to it. Like
variations shall be granted whenever like conditions exist. All such
decisions and information concerning variations noted in the official
record shall be published promptly in a Federal Personnel Manual, Letter
or Bulletin and in the Director's next annual report.
``Sec. 5.2. Investigation and Evaluations. The Director may secure
effective implementation of the civil service laws, rules, and
regulations, and all Executive orders imposing responsibilities on the
Office by:
(a) Investigating the qualifications and suitability of applicants
for positions in the competitive service. The Director may require
appointments to be made subject to investigation to enable the Director
to determine, after appointment, that the requirements of law or the
civil service rules and regulations have been met.
(b) Evaluating the effectiveness of: (1) personnel policies,
programs, and operations of Executive and other Federal agencies subject
to the jurisdiction of the Office, including their effectiveness with
regard to merit selection and employee development; (2) agency
compliance with and enforcement of applicable laws, rules, regulations
and office directives; and (3) agency personnel management evaluation
systems.
(c) Investigating, or directing an agency to investigate and report
on, apparent violations of applicable laws, rules, regulations, or
directives requiring corrective action, found in the course of an
evaluation.
(d) Requiring agencies to report, in a manner and at times as the
Director may prescribe, personnel information the Director requests
relating to civilian employees in the Executive branch of the
Government, as defined by Section 311 of the Civil Service Reform Act of
1978 [set out as a note under section 3101 of this title], including
positions and officers and employees in the competitive, excepted and
Senior Executive services, whether permanent, career-conditional,
temporary or emergency.
``Sec. 5.3. Enforcement.
(a) The Director is authorized to ensure enforcement of the civil
service laws, rules, and regulations, and all applicable Executive
orders, by:
(1) Instructing an agency to separate or take other action against
an employee serving an appointment subject to investigation when the
Director finds that the employee is disqualified for Federal employment.
Where the employee or the agency appeals the Director's finding that a
separation or other action is necessary, the Director may instruct the
agency as to whether or not the employee should remain on duty and
continue to receive pay pending adjudication of the appeal: Provided,
That when an agency separates or takes other action against an employee
pursuant to the Director's instructions, and the Director, on the basis
of new evidence, subsequently reverses the initial decision as to the
employee's qualifications and suitability, the agency shall, upon
request of the Director, restore the employee to duty or otherwise
reverse any action taken.
(2) Reporting the results of evaluation or investigations to the
head of the agency concerned with instructions for any corrective action
necessary, including cancellation of personnel actions where
appropriate. The Director's findings resulting from evaluations or
investigations are binding unless changed as a result of agency evidence
and arguments against them. If, during the course of any evaluation or
investigation under this Section, the Director finds evidence of matters
which come within the investigative and prosecutional jurisdiction of
the Special Counsel of the Merit Systems Protection Board, the Director
shall refer this evidence to the Special Counsel for appropriate
disposition.
(b) Whenever the Director issues specific instructions as to
separation or other corrective action with regard to an employee,
including cancellation of a personnel action, the head of the agency
concerned shall comply with the Director's instructions.
(c) If the agency head fails to comply with the specific
instructions of the Director as to separation or other corrective action
with regard to an employee, including cancellation of a personnel
action, the Director may certify to the Comptroller General of the
United States the agency's failure to act together with such additional
information as the Comptroller General may require, and shall furnish a
copy of such certification to the head of the agency concerned. The
individual with respect to whom such separation or other corrective
action was instructed shall be entitled thereafter to no pay or only to
such pay as appropriate to effectuate the Director's instructions.
``Sec. 5.4. Information and Testimony. When required by the Office,
the Merit Systems Protection Board, or the Special Counsel of the Merit
Systems Protection Board, or by authorized representatives of these
bodies, agencies shall make available to them, or to their authorized
representatives, employees to testify in regard to matters inquired of
under the civil service laws, rules, and regulations, and records
pertinent to these matters. All such employees, and all applicants or
eligibles for positions covered by these rules, shall give to the
Office, the Merit Systems Protection Board, the Special Counsel, or to
their authorized representatives, all information, testimony, documents,
and material in regard to the above matters, the disclosure of which is
not otherwise prohibited by law or regulation. These employees,
applicants, and eligibles shall sign testimony given under oath or
affirmation before an officer authorized by law to administer oaths.
Employees are performing official duty when testifying or providing
evidence pursuant to this section.''.
2-104. Effectiveness of Rule Changes. The amendments to rules shall
be effective on January 1, 1979, to the extent provided by law on that
date.
2-2. Revocation of Executive Orders and Delegation of Functions
2-201. Revocation of Executive Orders and Delegation of Functions to
the Director. Executive Orders numbered 10540 and 10561 [set out as
notes under sections 6301 and 1302, respectively, of this title] are
revoked and the authority vested in the President by Section
202(c)(1)(C) of the Annual Sick Leave Act of 1951, as amended [section
6301(2)(XI) of this title], and the authority of the President, pursuant
to the Civil Service Act of January 16, 1883, to designate official
personnel folders in government agencies as records of the Office of
Personnel Management and to prescribe regulations relating to the
establishment, maintenance and transfers of official personnel folders,
are delegated to the Director of the Office of Personnel Management. Any
rules, regulations, directives, instructions or other actions taken
pursuant to the authority delegated to the Director of the Office of
Personnel Management shall remain in effect until amended, modified, or
revoked pursuant to the delegations made by this Order.
2-202. Savings Provision. All personnel actions and decisions
affecting employees or applicants for employment made on or before
January 11, 1979 shall continue to be governed by the applicable
Executive order, and the rules and regulations implementing that Order,
to the same extent as if that Executive order had not been revoked
effective January 11, 1979 unless amended, modified or revoked pursuant
to this Order.
2-3. Labor Management Relations in the Federal Service
2-301. Labor Management Relations. Executive Order No. 11491 of
October 29, 1969, as amended by Executive Orders numbered 11616, 11636,
11838, 11901, and 12027 [set out as a note under section 7101 of this
title], relating to labor-management relations in the Federal service,
is further amended as follows:
1. Subsections (g), (h) and (i) of Section 2 are amended and a new
subsection (j) is added to read as follows:
``(g) `Authority' means the Federal Labor Relations Authority;
``(h) `Panel' means the Federal Service Impasses Panel;
``(i) `Assistant Secretary' means the Assistant Secretary of Labor
for Labor Management Relations; and
``(j) `General Counsel' means the General Counsel of the
Authority.''.
2. Section 3(b) is amended--
(a) by substituting for paragraph (6) the following:
``(6) The Tennessee Valley Authority; or''; and
(b) by adding the following:
``(7) Personnel of the Federal Labor Relations Authority (including
the Office of the General Counsel and the Federal Service Impasses
Panel).''.
3. Section (d) is amended to read as follows:
``(d) Employees engaged in administering a labor-management
relations law or this Order who are otherwise authorized by this Order
to be represented by a labor organization shall not be represented by a
labor organization which also represents other groups of employees under
the law or this Order, or which is affiliated directly or indirectly
with an organization which represents such a group of employees.''.
4. Section 4 is amended to read as follows:
``Sec. 4. Powers and Duties of the Federal Labor Relations
Authority.
``(a) [Revoked].
``(b) The Authority shall administer and interpret this Order,
decide major policy issues, and prescribe regulations.
``(c) The Authority shall, subject to its regulations:
(1) decide questions as to the appropriate unit for the purpose of
exclusive recognition and related issues submitted for its
considerations;
(2) supervise elections to determine whether a labor organization is
the choice of a majority of the employees in an appropriate unit as
their exclusive representative, and certify the results;
(3) decide questions as to the eligibility of labor organizations
for national consultation rights;
(4) decide unfair labor practice complaints; and
(5) decide questions as to whether a grievance is subject to a
negotiated grievance procedure or subject to arbitration under an
agreement as provided in Section 13(d) of this Order.
``(d) The Authority may consider, subject to its regulations:
(1) appeals on negotiability issues as provided in Section 11(c) of
this Order;
(2) exceptions to arbitration awards;
(3) appeals from decisions of the Assistant Secretary of Labor for
Labor-Management Relations issued pursuant to Section 6(b) this Order;
and
(4) other matters it deems appropriate to assure the effectuation of
the purposes of this Order.
``(e) In any matters arising under subsection (c) and (d)(3) of this
Section, the Authority may require an agency or a labor organization to
cease and desist from violations of this Order and require it to take
such affirmative action as the Authority considers appropriate to
effectuate the policies of this Order.
``(f) In performing the duties imposed on it by this Section, the
Authority may request and use the services and assistance of employees
of other agencies in accordance with Section 1 of the Act of March 4,
1915 (38 Stat. 1084, as amended; 31 U.S.C. 686) [31 U.S.C. 1535].''.
5. The caption of Section 5 is amended to read as follows:
``Sec. 5. Powers and Duties of the Federal Service Impasses Panel.''
6. Section 5(a) is amended:
(a) by substituting the words ``a distinct organizational entity
within the Authority'' for the words ``an agency within the Council'' in
the first sentence; and
(b) by substituting the word ``Authority'' for the word ``Council''
in the third sentence.
7. Section 6 is amended to read as follows:
``Sec. 6. Powers and Duties of the Office of the General Counsel and
the Assistant Secretary of Labor for Labor-Management Relations.
``(a) The General Counsel is authorized, upon direction by the
Authority, to:
(1) investigate complaints of violations of Section 19 of this
Order;
(2) make final decisions as to whether to issue unfair labor
practice complaints and prosecute such complaints before the Authority;
(3) direct and supervise all employees in the Office of General
Counsel, including employees of the General Counsel in the regional
office of the Authority;
(4) perform such other duties as the Authority may prescribe; and
(5) prescribe regulations needed to administer his functions under
this Order.
``(b) The Assistant Secretary shall:
(1) decide alleged violations of the standards of conduct for labor
organizations, established in Section 18 of this Order; and
(2) prescribe regulations needed to administer his functions under
this Order.
``(c) In any matter arising under paragraph (b) of this Section, the
Assistant Secretary may require a labor organization to cease and desist
from violations of this Order and require it to take such affirmative
action as he considers appropriate to effectuate the policies of this
Order.
``(d) In performing the duties imposed on them by this Section, the
General Counsel and the Assistant Secretary may request and use the
services and assistance of employees of other agencies in accordance
with Section 1 of the Act of March 4, 1915 (38 Stat. 1084, as amended;
31 U.S.C. 686) [31 U.S.C. 1535].''.
8. Section 9 is amended:
(a) by substituting the word ``Authority'' for the word ``Council''
in the first sentence of subsection (a); and
(b) by substituting the word ``Authority'' for the words ``Assistant
Secretary'' in subsection (c).
9. Section 10 is amended:
(a) by substituting the word ``Authority'' for the words ``Assistant
Secretary'' in the last sentence of subsection (b); and
(b) by substituting the word ``Authority'' for the words ``Assistant
Secretary'' and the word ``it'' for the word ``him'', in the first
sentence of subsection (d).
10. Section 11 is amended:
(a) by substituting the word ``Authority'' for the word ``Council''
in the first sentence of subsection (a); and
(b) by substituting the word ``Authority'' for the word ``Council''
in paragraph (4) of subsection (c).
11. Section 11(d) is revoked.
12. Section 13 is amended:
(a) by substituting the word ``Authority'' for the word ``Council''
in the third sentence of subsection (b); and
(b) by substituting the word ``Authority'' for the words ``Assistant
Secretary'' in the first and second sentence of subsection (d).
13. Section 19(d) is amended by substituting the word ``Authority''
for the words ``Assistant Secretary'' in the last sentence.
14. Section 21(a) is amended by substituting the words ``Office of
Personnel Management'' for the words ``Civil Service Commission'' in the
second sentence.
15. Section 22 is amended:
(a) by substituting the words ``Office of Personnel Management'' for
the words ``Civil Service Commission'' in the first sentence and
(b) by substituting the words ``Merit Systems Protection Board'' for
the words ``Civil Service Commission'' in the second and third
sentences.
16. Section 25(a) is amended:
(a) by substituting the words ``Office of Personnel Management'' for
the words ``Civil Service Commission'' in the first, second and third
sentences; and
(b) by substituting the word ``Authority'' for the word ``Council''
in the third sentence.
17. Section 25(b) is amended by substituting the words ``Office of
Personnel Management'' for the words ``Department of Labor and Civil
Service Commission.''.
2-4. General Provisions
2-401. Study and Report Provisions. The Director of the Office of
Personnel Management is directed to conduct a study of Executive orders
listed in Section 2-101(a) and (b) and to coordinate the study with such
other agencies as may be named in or affected by these orders. The
Director of Personnel Management and the Director of the Office of
Management and Budget are directed to submit a report on or before July
1, 1981 to the President concerning the performance of functions
specified in these Executive orders and any other Executive orders
affecting the functions or responsibilities of the Office of Personnel
Management. The report shall contain specific detailed recommendations
for the continuation, modification, revision or revocation of each
Executive order.
2-402. Continuing Effect of this Order. Except as required by the
Civil Service Reform Act of 1978 [Pub. L. 95-454] as its provisions
become effective, in accord with Section 7135 of Title 5, United States
Code, as amended, and in accord with Section 902(a) of that Act [set out
as a Savings Provisions note above], the provisions of this Order shall
continue in effect, according to its terms, until modified, terminated
or suspended.
2-403. Transfers and Determinations.
(a) The records, property, personnel and positions, and unexpended
balances of appropriations or funds related to Civil Service Commission
functions reassigned by this Order that are available, or to be made
available, and necessary to finance or discharge the reassigned
functions are transferred to the Director of the Office of Personnel
Management, the Federal Labor Relations Authority, or the Federal
Service Impasses Panel, as appropriate.
(b) The Director of the Office of Management and Budget shall make
such determinations, issue such Orders and take all actions necessary or
appropriate to effectuate the transfers or reassignments provided by
this Order, including the transfer of funds, records, property and
personnel.
2-404. Effective Date. Except as otherwise specifically provided in
this Order, this Order shall be effective on January 1, 1979.
Jimmy Carter.
Executive Order No. 12157
Ex. Ord. No. 12157, Sept. 14, 1979, 44 F.R. 54035, which related to
the President's Management Improvement Council, was revoked by Ex. Ord.
No. 12258, Dec. 31, 1980, 46 F.R. 1251, set out as a note under section
14 of the Appendix to this title.
