§ 1104. — Delegation of authority for 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: 5USC1104]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
CHAPTER 11--OFFICE OF PERSONNEL MANAGEMENT
Sec. 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, Sec. 1(2),
Sept. 11, 1967, 81 Stat. 195; Pub. L. 95-454, title II, Sec. 201(a),
Oct. 13, 1978, 92 Stat. 1120; Pub. L. 104-52, title IV, Sec. 1, Nov. 19,
1995, 109 Stat. 489.)
Historical and Revision Notes
1966 Act
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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[Uncodified]. 1949 Reorg. Plan No.
5, Sec. 2(a) (less
35th through 46th
words), (b), eff.
Aug. 20, 1949, 63
Stat. 1067.
5 U.S.C. 3013(a) (1st Sept. 28, 1959, Pub.
sentence, less 10th through L. 86-382, Sec.
24th words). 14(a) (1st sentence,
less 10th through
24th words), 73
Stat. 716.
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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, Sec. 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, Sec. 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,
Sec. 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
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Source (Statutes at
Section of title 5 Source (U.S. Code) Large)
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1104(a)(6)......... 5:8713(a). [None.]
[Uncodified]. 1965 Reorg. Plan No.
4, Secs. 11(a), (e)
(as applicable to
(a)), 12 (as
applicable to Sec.
11(a)), 13 (as
applicable to Sec.
11(a)), eff. July
27, 1965, 79 Stat.
1322.
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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, Sec. 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, Sec. 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.
Subsec. (b)(4). Pub. L. 104-52, Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 1103, 3319, 9501 of this
title.
