Notes on 5 U.S.C. § 1101 : US Code - Notes

Search Notes on 5 U.S.C. § 1101 : US Code - Notes

(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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Derivation           U.S. Code              Revised Statutes and    
Statutes at Large     
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5 U.S.C. 632 (1st        Jan. 16, 1883, ch. 27, Sec. 
par.).                   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'."
TRANSMITTAL OF RECORD RELATING TO PRESIDENTIALLY APPOINTED
POSITIONS TO PRESIDENTIAL CANDIDATES
Pub. L. 108-458, title VIII, Sec. 8403(b), Dec. 17, 2004, 118
Stat. 3870, provided that:
"(1) Definition. - In this section, the term 'major party' has
the meaning given that term under section 9002(6) of the Internal
Revenue Code of 1986 [26 U.S.C. 9002(6)].
"(2) Transmittal. - 
"(A) In general. - Not later than 15 days after the date on
which a major party nominates a candidate for President, the
Office of Personnel Management shall transmit an electronic
record to that candidate on Presidentially appointed positions.
"(B) Other candidates. - After making transmittals under
subparagraph (A), the Office of Personnel Management may transmit
an electronic record on Presidentially appointed positions to any
other candidate for President.
"(3) Content. - The record transmitted under this subsection
shall provide - 
"(A) all positions which are appointed by the President,
including the title and description of the duties of each
position;
"(B) the name of each person holding a position described under
subparagraph (A);
"(C) any vacancy in the positions described under subparagraph
(A), and the period of time any such position has been vacant;
"(D) the date on which an appointment made after the applicable
Presidential election for any position described under
subparagraph (A) is necessary to ensure effective operation of
the Government; and
"(E) any other information that the Office of Personnel
Management determines is useful in making appointments."
TRANSFER TO OFFICE OF PERSONNEL MANAGEMENT OF PERSONNEL
INVESTIGATIVE FUNCTIONS AND RELATED PERSONNEL OF THE DEPARTMENT OF
DEFENSE
Pub. L. 108-136, div. A, title IX, Sec. 906, Nov. 24, 2003, 117
Stat. 1561, provided that:
"(a) Transfer of Functions. - (1) Subject to subsection (b), the
Secretary of Defense may transfer to the Office of Personnel
Management the personnel security investigations functions that, as
of the date of the enactment of this Act [Nov. 24, 2003], are
performed by the Defense Security Service of the Department of
Defense. Such a transfer may be made only with the concurrence of
the Director of the Office of Personnel Management.
"(2) The Director of the Office of Personnel Management may
accept a transfer of functions under paragraph (1).
"(3) Any transfer of a function under this subsection is a
transfer of function within the meaning of section 3503 of title 5,
United States Code.
"(b) Limitation. - (1) The Secretary of Defense may not make a
transfer of functions under subsection (a) unless the Secretary
determines, and certifies in writing to the Committee on Armed
Services of the House of Representatives and the Committee on Armed
Services of the Senate, that each of the conditions specified in
paragraph (2) has been met. Such a transfer may then be made only
after a period of 30 days has elapsed after the date on which the
certification is received by those committees.
"(2) The conditions referred to in paragraph (1) are the
following:
"(A) That the Office of Personnel Management is fully capable
of carrying out high-priority investigations required by the
Secretary of Defense within a timeframe set by the Secretary of
Defense.
"(B) That the Office of Personnel Management has undertaken
necessary and satisfactory steps to ensure that investigations
performed on Department of Defense contract personnel will be
conducted in an expeditious manner sufficient to ensure that
those contract personnel are available to the Department of
Defense within a timeframe set by the Secretary of Defense.
"(C) That the Department of Defense will retain capabilities in
the form of Federal employees to monitor and investigate
Department of Defense and contractor personnel as necessary to
perform counterintelligence functions and polygraph activities of
the Department.
"(D) That the authority to adjudicate background investigations
will remain with the Department of Defense and that the transfer
of Defense Security Service personnel to the Office of Personnel
Management will improve the speed and efficiency of the
adjudication process.
"(E) That the Department of Defense will retain within the
Defense Security Service sufficient personnel and capabilities to
improve Department of Defense industrial security programs and
practices.
"(c) Transfer of Personnel. - (1) If the Director of the Office
of Personnel Management accepts a transfer of functions under
subsection (a), the Secretary of Defense shall also transfer to the
Office of Personnel Management, and the Director shall accept - 
"(A) the Defense Security Service employees who perform those
functions immediately before the transfer of functions; and
"(B) the Defense Security Service employees who, as of such
time, are first level supervisors of employees transferred under
subparagraph (A).
"(2) The Secretary may also transfer to the Office of Personnel
Management any Defense Security Service employees (including higher
level supervisors) who provide support services for the performance
of the functions transferred under subsection (a) or for the
personnel (including supervisors) transferred under paragraph (1)
if the Director - 
"(A) determines that the transfer of such additional employees
and the positions of such employees to the Office of Personnel
Management is necessary in the interest of effective performance
of the transferred functions; and
"(B) accepts the transfer of the additional employees.
"(3) In the case of an employee transferred to the Office of
Personnel Management under paragraph (1) or (2), whether a full-
time or part-time employee - 
"(A) subsections (b) and (c) of section 5362 of title 5, United
States Code, relating to grade retention, shall apply to the
employee, except that - 
"(i) the grade retention period shall be the one-year period
beginning on the date of the transfer; and
"(ii) paragraphs (1), (2), and (3) of such subsection (c)
shall not apply to the employee; and
"(B) the employee may not be separated, other than pursuant to
chapter 75 of title 5, United States Code, during such one-year
period.
"(d) Actions After Transfer. - (1) Not later than one year after
a transfer of functions to the Office of Personnel Management under
subsection (a), the Director of the Office of Personnel Management,
in coordination with the Secretary of Defense, shall review all
functions performed by personnel of the Defense Security Service at
the time of the transfer and make a written determination regarding
whether each such function is inherently governmental or is
otherwise inappropriate for performance by contractor personnel.
"(2) A function performed by Defense Security Service employees
as of the date of the enactment of this Act [Nov. 24, 2003] may not
be converted to contractor performance by the Director of the
Office of Personnel Management until - 
"(A) the Director reviews the function in accordance with the
requirements of paragraph (1) and makes a written determination
that the function is not inherently governmental and is not
otherwise inappropriate for contractor performance; and
"(B) the Director conducts a public-private competition
regarding the performance of that function in accordance with the
requirements of the Office of Management and Budget Circular A-
76."
FEDERAL FLEXIBLE BENEFITS PLAN ADMINISTRATIVE COSTS        
Pub. L. 108-136, div. A, title XI, Sec. 1127, Nov. 24, 2003, 117
Stat. 1640, provided that:
"(a) In General. - Notwithstanding any other provision of law, an
agency or other employing entity of the Government which provides
or plans to provide a flexible spending account option for its
employees shall not impose any fee with respect to any of its
employees in order to defray the administrative costs associated
therewith.
"(b) Offset of Administrative Costs. - Each such agency or
employing entity that offers a flexible spending account option
under a program established or administered by the Office of
Personnel Management shall periodically forward to such Office, or
entity designated by such Office, the amount necessary to offset
the administrative costs of such program which are attributable to
such agency.
"(c) Reports. - (1) The Office shall submit a report to the
Committee on Government Reform of the House of Representatives and
the Committee on Governmental Affairs [now Committee on Homeland
Security and Governmental Affairs] of the Senate no later than
March 31, 2004, specifying the administrative costs associated with
the Governmentwide program (referred to in subsection (b)) for
fiscal year 2003, as well as the projected administrative costs of
such program for each of the 5 fiscal years thereafter.
"(2) At the end of each of the first 3 calendar years in which an
agency or other employing entity offers a flexible spending account
option under this section, such agency or entity shall submit a
report to the Office of Management and Budget showing the amount of
its employment tax savings in such year which are attributable to
such option, net of administrative fees paid under subsection (b)."
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.
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. [Amended Civil Service Rules under section 101 of Ex. Ord.
No. 10577, formerly set out as a note under section 3301 of this
title.]
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. [Amended Ex. Ord. No. 11491, set out as a note under
section 7101 of this title.]
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.
(!1) As amended July 11, 1978.