US (United States) Code. Title 5. Chapter 13: Special authority

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 19 páginas
publicidad

-CITE-

5 USC CHAPTER 13 - SPECIAL AUTHORITY 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 13 - SPECIAL AUTHORITY

.

-HEAD-

CHAPTER 13 - SPECIAL AUTHORITY

-MISC1-

Sec.

1301. Rules.

1302. Regulations.

1303. Investigations; reports.

1304. Loyalty investigations; reports; revolving fund.

1305. Administrative law judges.

1306. Oaths to witnesses.

1307. Minutes.

(1308. Repealed.)

AMENDMENTS

1998 - Pub. L. 105-362, title XIII, Sec. 1302(b)(2)(A), Nov. 10,

1998, 112 Stat. 3293, struck out item 1308 ''Annual reports''.

1978 - Pub. L. 95-251, Sec. 2(c)(1), Mar. 27, 1978, 92 Stat. 183,

substituted ''Administrative law judges'' for ''Hearing examiners''

in item 1305.

-CITE-

5 USC Sec. 1301 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 13 - SPECIAL AUTHORITY

-HEAD-

Sec. 1301. Rules

-STATUTE-

The Office of Personnel Management shall aid the President, as he

may request, in preparing the rules he prescribes under this title

for the administration of the competitive service.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95-454, title

IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 633(1) Jan. 16, 1883, ch.

(function of Civil 27, Sec. 2(1)

Service (function of Civil

Commission). Service

Commission), 22

Stat. 403.

-------------------------------

The authority of the President to prescribe rules is carried into

sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and

7322 of this title.

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 ''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.

-CITE-

5 USC Sec. 1302 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 13 - SPECIAL AUTHORITY

-HEAD-

Sec. 1302. Regulations

-STATUTE-

(a) The Office of Personnel Management, subject to the rules

prescribed by the President under this title for the administration

of the competitive service, shall prescribe regulations for,

control, supervise, and preserve the records of, examinations for

the competitive service.

(b) The Office shall prescribe and enforce regulations for the

administration of the provisions of this title, and Executive

orders issued in furtherance thereof, that implement the

Congressional policy that preference shall be given to preference

eligibles in certification for appointment, and in appointment,

reinstatement, reemployment, and retention, in the competitive

service in Executive agencies, permanent or temporary, and in the

government of the District of Columbia.

(c) The Office shall prescribe regulations for the administration

of the provisions of this title that implement the Congressional

policy that preference shall be given to preference eligibles in

certification for appointment, and in appointment, reinstatement,

reemployment, and retention, in the excepted service in Executive

agencies, permanent or temporary, and in the government of the

District of Columbia.

(d) The Office may prescribe reasonable procedure and regulations

for the administration of its functions under chapter 15 of this

title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95-454, title

IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 633(2)7 Jan. 16, 1883, ch.

(last 17 words), 27, Sec. 2(2)7

(3) (less last 10 (last 17 words),

words). (3) (less last 10

words), 22 Stat.

404.

(b) 5 U.S.C. 851 (1st 76 June 27, 1944, ch.

words), 868 (less 287, Sec. 2 (1st 76

proviso). words), 19, 58

Stat. 387, 391.

(c) 5 U.S.C. 851 (1st 76 June 27, 1944, ch.

words), 860. 287, Sec. 2 (1st 76

words), 11, 58

Stat. 387, 390.

(d) 5 U.S.C. 118k(d) July 19, 1940, ch.

(1st sentence). 640 Sec. 4 ''Sec.

12(d) (1st

sentence)'', 54

Stat. 769.

-------------------------------

Subsection (a) is based on former section 633(3) (less last 10

words). The regulation-making power conferred by that section

covers the power conferred by former section 633(2)7 (last 17

words) which is, therefore, omitted. The requirement of notice is

preserved in section 3304. The words ''through its members or the

examiners'' are omitted as unnecessary in view of section 1104. The

authority of the President to prescribe rules, based on former

section 633(1) is carried into sections 2951, 3302, 3304(a),

3306(a), 3321, 7152, 7153, 7321, and 7322 of this title.

In subsections (b)-(d), the word ''rules'' is omitted as included

in ''regulations''.

The provisions of the Veterans' Preference Act of 1944 (former

sections 851-869) to which the regulation-making authority of

subsections (b) and (c) apply are carried into sections 2108,

3305(b), 3306(a)(2), 3308-3320, 3351, 3363, 3364, and 7701,

subchapter I of chapter 35, and subchapter II of chapter 75 of this

title. The first 76 words of former section 851 are added here to

preserve the general statement of policy in the light of which the

substantive provisions that formerly comprised the Veterans'

Preference Act of 1944 are to be interpreted. See Elder v.

Brannan, 241 U.S. 277, 286. In subsection (b), the words ''in the

competitive service in Executive agencies, permanent or temporary,

and in the government of the District of Columbia'', and in

subsection (c) the words ''in the excepted service in Executive

agencies, permanent or temporary, and in the government of the

District of Columbia'' are coextensive with and substituted for

''in civilian positions in all establishments, agencies, bureaus,

administrations, projects, and departments of the Government,

permanent or temporary, and in either (a) the classified civil

service; (b) the unclassified civil service; (c) any temporary or

emergency establishment, agency, bureau, administration, project,

and department created by Acts of Congress or Presidential

Executive order'', in view of the exclusion of positions in the

legislative and judicial branches by former section 869.

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 - Subsecs. (a) to (d). Pub. L. 95-454 substituted ''Office

of Personnel Management'' for ''Civil Service Commission'' and

''Office'' for ''Commission'' wherever appearing.

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.

-EXEC-

EXECUTIVE ORDER NO. 10561

Ex. Ord. No. 10561, Sept. 13, 1954, 19 F.R. 5963, which related

to official personnel folders, was revoked by section 2-201 of Ex.

Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out as a note

under section 1101 of this title.

EXECUTIVE ORDER NO. 11397

Ex. Ord. No. 11397, Feb. 9, 1968, 33 F.R. 2833, formerly set out

as a note under this section, which related to transitional

appointments of veterans who served during the Vietnam Era, was

revoked by Ex. Ord. No. 11521, Mar. 26, 1970, 35 F.R. 5311, set out

as a note under section 3302 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1303, 2302 of this title;

title 18 section 1917; title 22 section 1438.

-CITE-

5 USC Sec. 1303 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 13 - SPECIAL AUTHORITY

-HEAD-

Sec. 1303. Investigations; reports

-STATUTE-

The Office of Personnel Management, Merit Systems Protection

Board, and Special Counsel may investigate and report on matters

concerning -

(1) the enforcement and effect of the rules prescribed by the

President under this title for the administration of the

competitive service and the regulations prescribed by the Office

of Personnel Management under section 1302(a) of this title; and

(2) the action of an examiner, a board of examiners, and other

employees concerning the execution of the provisions of this

title that relate to the administration of the competitive

service.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95-454, title

IX, Sec. 906(a)(4), (11), Oct. 13, 1978, 92 Stat. 1225.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 633(4). Jan. 16, 1883, ch.

27, Sec. 2(4), 22

Stat. 404.

-------------------------------

The authority of the President to prescribe rules is carried into

sections 2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and

7322 of this title.

In paragraph (2), the words ''in respect to the execution of this

act'' are changed to ''concerning the execution of the provisions

of this title that relate to the administration of the competitive

service'' to avoid having to refer in the text to the sections of

this title into which the Civil Service Act, the act referred to,

is codified. These sections are: 1101, 1102, 1105, 1302(a), 1303,

1307, 1308(a)(1), 2102, 2951, 3302, 3303, 3304(a), (d), 3305(a),

3306, 3318(a), 3319(a), 3321, 7152, 7153, 7321, 7322, and 7352. The

words ''the provisions of this title that relate to the

administration of the competitive service'' will include some of

the sections derived from the Veterans' Preference Act of 1944

(former sections 851-869). They are based in part on former section

860 (codified in Sec. 1302(c)). The authorization in that section

to make and enforce regulations for the competitive service would

include the authority to investigate and report. The words ''and

other employees'' are substituted for ''and its own subordinates,

and those in the public service'' in view of the definition of

''employee'' in section 2105.

Standard changes are made to conform with the definition

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 substituted in opening par. ''Office of

Personnel Management, Merit Systems Protection Board, and Special

Counsel'' for ''Civil Service Commission'' and in par. (1) ''Office

of Personnel Management'' for ''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.

-CITE-

5 USC Sec. 1304 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 13 - SPECIAL AUTHORITY

-HEAD-

Sec. 1304. Loyalty investigations; reports; revolving fund

-STATUTE-

(a) The Office of Personnel Management shall conduct the

investigations and issue the reports required by the following

statutes -

(1) sections 272b, 281b(e), and 290a of title 22;

(2) section 1874(c) of title 42; and

(3) section 1203(e) of title 6, District of Columbia Code.

(b) When an investigation under subsection (a) of this section

develops data indicating that the loyalty of the individual being

investigated is questionable, the Office shall refer the matter to

the Federal Bureau of Investigation for a full field investigation,

a report of which shall be furnished to the Office for its

information and appropriate action.

(c) When the President considers it in the national interest, he

may have the investigations of a group or class, which are required

by subsection (a) of this section, made by the Federal Bureau of

Investigation rather than the Office.

(d) The investigation and report required by subsection (a) of

this section shall be made by the Federal Bureau of Investigation

rather than the Office for those specific positions which the

Secretary of State certifies are of a high degree of importance or

sensitivity.

(e)(1) A revolving fund is available, to the Office without

fiscal year limitation, for financing investigations, training, and

such other functions as the Office is authorized or required to

perform on a reimbursable basis, including personnel management

services performed at the request of individual agencies (which

would otherwise be the responsibility of such agencies), or at the

request of nonappropriated fund instrumentalities. However, the

functions which may be financed in any fiscal year by the fund are

restricted to those functions which are covered by the budget

estimates submitted to the Congress for that fiscal year. To the

maximum extent feasible, each individual activity shall be

conducted generally on an actual cost basis over a reasonable

period of time.

(2) The capital of the fund consists of the aggregate of -

(A) appropriations made to provide capital for the fund, which

appropriations are hereby authorized, and

(B) the sum of the fair and reasonable value of such supplies,

equipment, and other assets as the Office from time to time

transfers to the fund (including the amount of the unexpended

balances of appropriations or funds relating to activities the

financing of which is transferred to the fund) less the amount of

related liabilities, the amount of unpaid obligations, and the

value of accrued annual leave of employees, which are

attributable to the activities the financing of which is

transferred to the fund.

(3) The fund shall be credited with -

(A) advances and reimbursements from available funds of the

Office or other agencies, or from other sources, for those

services and supplies provided at rates estimated by the Office

as adequate to recover expenses of operation (including provision

for accrued annual leave of employees and depreciation of

equipment); and

(B) receipts from sales or exchanges of property, and payments

for loss of or damage to property, accounted for under the fund.

(4) Any unobligated and unexpended balances in the fund which the

Office determines to be in excess of amounts needed for activities

financed by the fund shall be deposited in the Treasury of the

United States as miscellaneous receipts.

(5) The Office shall prepare a business-type budget providing

full disclosure of the results of operations for each of the

functions performed by the Office and financed by the fund, and

such budget shall be transmitted to the Congress and considered, in

the manner prescribed by law for wholly owned Government

corporations.

(6) The Comptroller General of the United States shall, as a

result of his periodic reviews of the activities financed by the

fund, report and make such recommendations as he deems appropriate

to the Committee on Governmental Affairs of the Senate and the

Committee on Post Office and Civil Service of the House of

Representatives.

(f) An agency may use available appropriations to reimburse the

Office or the Federal Bureau of Investigation for the cost of

investigations, training, and functions performed for them under

this section, or to make advances toward their cost. These

advances and reimbursements shall be credited directly to the

applicable appropriations of the Office or the Federal Bureau of

Investigation.

(g) This section does not affect the responsibility of the

Federal Bureau of Investigation to investigate espionage, sabotage,

or subversive acts.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 91-189, Sec.

1, Dec. 30, 1969, 83 Stat. 851; Pub. L. 91-648, title V, Sec. 510,

Jan. 5, 1971, 84 Stat. 1928; Pub. L. 95-454, title IX, Sec.

906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-60, title

II, Sec. 203(a)(2), Aug. 15, 1979, 93 Stat. 398; Pub. L. 97-412,

Sec. 1(a), Jan. 3, 1983, 96 Stat. 2047; Pub. L. 98-224, Sec.

5(b)(1), Mar. 2, 1984, 98 Stat. 48; Pub. L. 103-437, Sec. 3(a),

Nov. 2, 1994, 108 Stat. 4581; Pub. L. 104-66, title II, Sec. 2182,

Dec. 21, 1995, 109 Stat. 732; Pub. L. 104-208, div. A, title I,

Sec. 101(f) (title IV, Sec. 421), Sept. 30, 1996, 110 Stat.

3009-314, 3009-343.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(b)-(d) 5 U.S.C. 655. Apr. 5, 1952, ch.

159, Sec. 1

(provisos), 66

Stat. 44. July 31,

1953, ch. 283, Sec.

9, 67 Stat. 241.

(e) 5 U.S.C. 657. June 5, 1952, ch.

369, Sec. 701 (par.

under ''Civil

Service

Commission''), 66

Stat. 107.

(f) (Uncodified). Apr. 5, 1952, ch.

159, Sec. 4, 66

Stat. 44.

(g) 5 U.S.C. 656. Apr. 5, 1952, ch.

159, Sec. 3, 66

Stat. 44.

-------------------------------

Subsection (a) is based on section 1 of the Act of April 5, 1952,

as amended, and is added for clarity. In subsection (a), the

reference to section 10(b)(5)(B)(i) and (B)(ii) of the Act of

August 1, 1946 (60 Stat. 766) is omitted because of the amendment

of the Act of April 5, 1952, by the Act of July 31, 1953, ch. 283,

67 Stat. 240, and the reenactment of the provisions of the Act of

April 5, 1952, insofar as they relate to the Atomic Energy

Commission as section 145 of the Atomic Energy Act of 1954 (68

Stat. 942; 42 U.S.C. 2165). The references to section 1(2) of the

Act of May 22, 1947 (61 Stat. 125), section 1 of the joint

resolution of May 21, 1947 (61 Stat. 125), and section 110(c) of

the Act of April 3, 1948 (62 Stat. 137) are omitted as these Acts

were repealed by the Act of Aug. 26, 1954, ch. 937 Sec. 542(a) (1),

(2), and (4), 68 Stat. 861. Reference to section 510 of the Mutual

Security Act of 1951 (65 Stat. 381) is omitted because this section

was replaced by section 531 of the Mutual Security Act of 1954 (68

Stat. 859) and the latter was repealed by the Act of Sept. 4, 1961,

Pub. L. 87-195, Sec. 642(2), 75 Stat. 460.

In subsection (d), the references to section 10(b)(5)(B)(i) and

(ii) of the Atomic Energy Act of 1946, section 510 of the Mutual

Security Act of 1951, a majority of the members of the Atomic

Energy Commission, and the Director of Mutual Security (which was

changed to Director of the International Cooperation Administration

on authority of section 8 of 1953 Reorg. Plan No. 7, 67 Stat. 641,

and Executive Order 10610 of May 9, 1955) are omitted because of

the disposition of the two sections as explained with reference to

subsection (a).

In subsection (e), the words ''There is established'' are omitted

as executed.

In subsection (g), the reference to statutes other than this

section is omitted because nothing in those statutes affect the

responsibility in question.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 1874(c) of title 42, referred to in subsec. (a)(2), which

related to clearance of National Science Foundation personnel, was

repealed by Pub. L. 96-516, Sec. 21(b)(1), Dec. 12, 1980, 94 Stat.

3010.

-MISC2-

AMENDMENTS

1996 - Subsec. (e)(1). Pub. L. 104-208 inserted '', including

personnel management services performed at the request of

individual agencies (which would otherwise be the responsibility of

such agencies), or at the request of nonappropriated fund

instrumentalities'' before period at end of first sentence.

1995 - Subsec. (e)(6). Pub. L. 104-66 struck out before period at

end ''at least once every three years''.

1994 - Subsec. (e)(6). Pub. L. 103-437 substituted ''Committee on

Governmental Affairs of the Senate and the Committee on Post Office

and Civil Service of the House'' for ''Committees on Post Office

and Civil Service of the Senate and House''.

1984 - Subsec. (e)(1). Pub. L. 98-224 struck out cl. (i)

designation and struck out cl. (ii) which provided that

participation fees imposed by the President's Commission on

Executive Exchange for private sector participation in its

Executive Exchange Program be collected and credited to the fund,

and be available for the costs of education and related travel of

exchanged executives, for printing without regard to section 501 of

title 44, and, in such amounts as specified in appropriations Acts,

for entertainment expenses. See section 4109(d) of this title.

1983 - Subsec. (e)(1). Pub. L. 97-412 designated existing

provisions as cl. (i) and added cl. (ii).

1979 - Subsec. (a)(1). Pub. L. 96-60 struck out reference to

section 1434 of title 22.

1978 - Subsecs. (a) to (f). Pub. L. 95-454 substituted ''Office

of Personnel Management'' for ''Civil Service Commission'' and

''Office'' for ''Commission'' wherever appearing.

1971 - Subsec. (e). Pub. L. 91-648 struck out in par. (1) ''of

$4,000,000'' after ''revolving fund'' and inserted in par. (2)(A)

'', which appropriations are hereby authorized''.

1969 - Subsec. (e). Pub. L. 91-189, Sec. 1(a), increased the

scope of reimbursable services for which the fund may be used,

restricted reimbursement to services which were included in the

budget estimates submitted to Congress for that fiscal year,

inserted a list of components which comprise the fund, specifically

listed those items that would be credited directly to the capital

fund, required that a budget be prepared by the Commission, and

directed the Comptroller General as a result of the activities

financed to make recommendations to the committees on Post Office

and Civil Service of the Senate and House of Representatives at

least once every three years.

Subsec. (f). Pub. L. 91-189, Sec. 1(b), authorized an agency to

use available appropriations to reimburse the Commission or the

Federal Bureau of Investigation for the cost of training and

functions performed.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 1(b) of Pub. L. 97-412 provided that: ''The authority

granted in subsection (a) (amending this section) shall terminate

on December 31, 1983.''

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-60 effective Oct. 1, 1979, see section

209 of Pub. L. 96-60, set out as a note under section 1471 of Title

22, Foreign Relations and Intercourse.

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.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON POST OFFICE AND CIVIL SERVICE

Committee on Post Office and Civil Service of House of

Representatives abolished by House Resolution No. 6, One Hundred

Fourth Congress, Jan. 4, 1995. References to Committee on Post

Office and Civil Service treated as referring to Committee on

Government Reform and Oversight, see section 1(b) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1104 of this title.

-CITE-

5 USC Sec. 1305 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 13 - SPECIAL AUTHORITY

-HEAD-

Sec. 1305. Administrative law judges

-STATUTE-

For the purpose of sections 3105, 3344, 4301(2)(D), and 5372 of

this title and the provisions of section 5335(a)(B) of this title

that relate to administrative law judges, the Office of Personnel

Management may, and for the purpose of section 7521 of this title,

the Merit Systems Protection Board may investigate, prescribe

regulations, appoint advisory committees as necessary, recommend

legislation, subpena witnesses and records, and pay witness fees as

established for the courts of the United States.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 402; Pub. L. 90-83, Sec.

1(3), Sept. 11, 1967, 81 Stat. 196; Pub. L. 95-251, Sec. 2(a)(1),

(b)(1), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95-454, title VIII,

Sec. 801(a)(3)(B)(iii), title IX, Sec. 906(a)(12), Oct. 13, 1978,

92 Stat. 1221, 1225; Pub. L. 102-378, Sec. 2(4), Oct. 2, 1992, 106

Stat. 1346; Pub. L. 105-362, title XIII, Sec. 1302(a), Nov. 10,

1998, 112 Stat. 3293.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 1010 (5th June 11, 1946, ch.

sentence). 324, Sec. 11 (5th

sentence), 60 Stat.

244.

-------------------------------

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

This section amends 5 U.S.C. 1305 to correct a typographical

error.

AMENDMENTS

1998 - Pub. L. 105-362 struck out ''require reports by agencies,

issue reports, including an annual report to Congress,'' after

''may investigate,''.

1992 - Pub. L. 102-378 substituted ''sections 3105'' for

''section 3105''.

1978 - Pub. L. 95-454 substituted provisions respecting functions

pursuant to specified sections of this title of the Office of

Personnel Management and the Merit Systems Protection Board for

provisions respecting the functions pursuant to specified sections

of this title of the Civil Service Commission.

Pub. L. 95-251 substituted ''Administrative law judges'' for

''Hearing examiners'' in section catchline and ''administrative law

judges'' for ''hearing examiners'' in text.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by section 801(a)(3)(B)(iii) of Pub. L. 95-454

substituting ''5372'' for ''5362'' effective on first day of first

applicable pay period beginning on or after the 90th day after Oct.

13, 1978, see section 801(a)(4) of Pub. L. 95-454, set out as an

Effective Date note under section 5361 of this title.

Amendment by section 906(a)(12) of Pub. L. 95-454 respecting

functions of the Office and the Board 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.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-83 effective as of Sept. 6, 1966, for all

purposes, see section 9(h) of Pub. L. 90-83, set out as a note

under section 5102 of this title.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, excluding

committees composed wholly of full-time officers or employees of

the Federal Government, to terminate not later than the expiration

of the 2-year period following Jan. 5, 1973, unless, in the case of

a committee established by the President or an officer of the

Federal Government, such committee is renewed by appropriate action

prior to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 559 of this title.

-CITE-

5 USC Sec. 1306 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 13 - SPECIAL AUTHORITY

-HEAD-

Sec. 1306. Oaths to witnesses

-STATUTE-

The Director of the Office of Personnel Management and authorized

representatives of the Director may administer oaths to witnesses

in matters pending before the Office.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 402; Pub. L. 95-454, title

IX, Sec. 906(a)(13), Oct. 13, 1978, 92 Stat. 1226.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 634. Aug. 23, 1912, ch.

350, Sec. 1 (last

par. under ''Civil

Service

Commission''), 37

Stat. 372.

(Uncodified). 1949 Reorg. Plan No.

5, Sec. 2(c), eff.

Aug. 19, 1949, 63

Stat. 1069.

-------------------------------

The section is rewritten to reflect expansion of authority of the

Commission to include its Chairman under section 2(c) of 1949

Reorg. Plan No. 5.

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 provisions respecting powers of

the Director of the Office of Personnel Management in administering

oaths in matters before the Office for provisions respecting powers

of the Chairman of the Civil Service Commission and each

Commissioner in administering oaths in matters before the

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.

-CITE-

5 USC Sec. 1307 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 13 - SPECIAL AUTHORITY

-HEAD-

Sec. 1307. Minutes

-STATUTE-

The Civil Service Commission shall keep minutes of its

proceedings.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 402.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 633(3) Jan. 16, 1883, ch.

(last 10 words). 27, Sec. 2(3) (last

10 words), 22 Stat.

404.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by statute in United States Civil Service

Commission transferred to Director of Office of Personnel

Management (except as otherwise specified) by Reorg. Plan No. 2 of

1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section

1101 of this title, effective Jan. 1, 1979, as provided by section

1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out

under section 1101 of this title.

-CITE-

5 USC Sec. 1308 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

CHAPTER 13 - SPECIAL AUTHORITY

-HEAD-

(Sec. 1308. Repealed. Pub. L. 105-362, title XIII, Sec. 1302(b)(1),

Nov. 10, 1998, 112 Stat. 3293)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 402; Pub. L.

91-93, title I, Sec. 104, Oct. 20, 1969, 83 Stat. 138; Pub. L.

93-156, Nov. 21, 1973, 87 Stat. 623; Pub. L. 95-454, title IX, Sec.

906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-54, Sec.

2(a)(3), Aug. 14, 1979, 93 Stat. 381; Pub. L. 96-470, title I, Sec.

121, Oct. 19, 1980, 94 Stat. 2241, required annual reports on

operation of subchapter III of chapter 83 of this title and

chapters 87 and 89 of this title.

-CITE-