U.S. Code » Title 5 » Part PART II— CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES › Chapter CHAPTER 11— OFFICE OF PERSONNEL MANAGEMENT

5 U.S.C. § 1102

Director; Deputy Director; Associate Directors

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(a) There is at the head of the Office of Personnel Management a Director of the Office of Personnel Management appointed by the President, by and with the advice and consent of the Senate. The term of office of any individual appointed as Director shall be 4 years.(b) There is in the Office a Deputy Director of the Office of Personnel Management appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or when the office of Director is vacant.(c) No individual shall, while serving as Director or Deputy Director, serve in any other office or position in the Government of the United States except as otherwise provided by law or at the direction of the President. The Director and Deputy Director shall not recommend any individual for appointment to any position (other than Deputy Director of the Office) which requires the advice and consent of the Senate.(d) There may be within the Office of Personnel Management not more than 5 Associate Directors, as determined from time to time by the Director. Each Associate Director shall be appointed by the Director.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 399; Pub. L. 95–454, title II, § 201(a), Oct. 13, 1978, 92 Stat. 1119.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 632 (2d–4th pars.).

Jan. 16, 1883, ch. 27, § 1 (2d, 3d pars.), 22 Stat. 403.

July 31, 1956, ch. 804, § 201(a), 70 Stat. 742.

In subsection (a), the second sentence is substituted for original language concerning designation of Commissioners to serve six, four, and two years, respectively, as that provision is executed.

The section is reorganized to place the statutes relating to vacancies together, and redundancies are eliminated. Provisions relating to pay and travel expenses of Commissioners are omitted as superseded by the Act of Aug. 14, 1964, Pub. L. 88–426, § 303(c)(18), (d)(66), 78 Stat. 417, 419, and Act of June 9, 1949, ch. 185, 63 Stat. 166, respectively, which are carried into 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.

Editorial NotesAmendments

1978—Pub. L. 95–454 substituted “Director; Deputy Director; Associate Directors” for “Term of office; filling vacancies; removal” in section catchline, and in text provisions relating to the Director, Deputy Director, and Associate Directors of the Office of Personnel Management for provisions relating to the term of office, vacancies, and removal of members of the United States Civil Service Commission.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1968–2021 · leading case: Dianish v. United States, 183 Ct. Cl. 702 (Ct. Cl. 1968).
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Dianish v. United States, 183 Ct. Cl. 702 (Ct. Cl. 1968). “954 ( 5 U.S.C. § 1102 ). .Tbat section specifically says that the classification actions of the departments “shall be the basis for the payment of compensation and for personnel transactions until changed by certificate of the Commission”.”
Constitutionality of the Comm'r of Soc. Sec.'s Tenure Prot. (OLC 2021). “§ 633 (a) (establishing the office of Admin- istrator of the Small Business Administration); 5 U.S.C. § 1102 (a) (estab- lishing the office of Director of the Office of Personnel Management).”
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