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

5 U.S.C. § 1103

Functions of the Director

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(a) The following functions are vested in the Director of the Office of Personnel Management, and shall be performed by the Director, or subject to section 1104 of this title, by such employees of the Office as the Director designates:(1) securing accuracy, uniformity, and justice in the functions of the Office;(2) appointing individuals to be employed by the Office;(3) directing and supervising employees of the Office, distributing business among employees and organizational units of the Office, and directing the internal management of the Office;(4) directing the preparation of requests for appropriations for the Office and the use and expenditure of funds by the Office;(5) executing, administering, and enforcing—(A) the civil service rules and regulations of the President and the Office and the laws governing the civil service; and(B) the other activities of the Office including retirement and classification activities;except with respect to functions for which the Merit Systems Protection Board or the Special Counsel is primarily responsible;(6) reviewing the operations under chapter 87 of this title;(7) aiding the President, as the President may request, in preparing such civil service rules as the President prescribes, and otherwise advising the President on actions which may be taken to promote an efficient civil service and a systematic application of the merit system principles, including recommending policies relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and separation of employees;(8) conducting, or otherwise providing for the conduct of, studies and research under chapter 47 of this title into methods of assuring improvements in personnel management; and(9) incurring official reception and representation expenses of the Office subject to any limitation prescribed in any law.(b)(1) The Director shall publish in the Federal Register general notice of any rule or regulation which is proposed by the Office and the application of which does not apply solely to the Office or its employees. Any such notice shall include the matter required under section 553(b)(1), (2), and (3) of this title.(2) The Director shall take steps to ensure that—(A) any proposed rule or regulation to which paragraph (1) of this subsection applies is posted in offices of Federal agencies maintaining copies of the Federal personnel regulations; and(B) to the extent the Director determines appropriate and practical, exclusive representatives of employees affected by such proposed rule or regulation and interested members of the public are notified of such proposed rule or regulation.(3) Paragraphs (1) and (2) of this subsection shall not apply to any proposed rule or regulation which is temporary in nature and which is necessary to be implemented expeditiously as a result of an emergency.(4) Paragraphs (1) and (2) of this subsection and section 1105 of this title shall not apply to the establishment of any schedules or rates of basic pay or allowances under subpart D of part III of this title. The preceding sentence does not apply to the establishment of the procedures, methodology, or criteria used to establish such schedules, rates, or allowances.(c)(1) The Office of Personnel Management shall design a set of systems, including appropriate metrics, for assessing the management of human capital by Federal agencies.(2) The systems referred to under paragraph (1) shall be defined in regulations of the Office of Personnel Management and include standards for—(A)(i) aligning human capital strategies of agencies with the missions, goals, and organizational objectives of those agencies; and(ii) integrating those strategies into the budget and strategic plans of those agencies;(B) closing skill gaps in mission critical occupations;(C) ensuring continuity of effective leadership through implementation of recruitment, development, and succession plans;(D) sustaining a culture that cultivates and develops a high performing workforce;(E) developing and implementing a knowledge management strategy supported by appropriate investment in training and technology; and(F) holding managers and human resources officers accountable for efficient and effective human resources management in support of agency missions in accordance with merit system principles.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 399; Pub. L. 95–454, title II, § 201(a), Oct. 13, 1978, 92 Stat. 1119; Pub. L. 99–251, title III, §§ 301, 302, Feb. 27, 1986, 100 Stat. 26; Pub. L. 107–296, title XIII, § 1304, Nov. 25, 2002, 116 Stat. 2289.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

[Uncodified].

1949 Reorg. Plan No. 5, §§ 1, 2(a) (35th through 46th words), 3, eff. Aug. 20, 1949, 63 Stat. 1067, 1069.

 

5 U.S.C. 632 (5th par.).

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

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

2002—Subsec. (c). Pub. L. 107–296 added subsec. (c).

1986—Subsec. (a)(9). Pub. L. 99–251, § 301, added par. (9).

Subsec. (b)(4). Pub. L. 99–251, § 302, added par. (4).

1978—Pub. L. 95–454 substituted “Functions of the Director” for “Chairman; Vice Chairman; Executive Director” in section catchline, and in text provisions relating to the functions of the Director of the Office of Personnel Management for provisions relating to the Chairman, Vice Chairman, and Executive Director of the United States Civil Service Commission.

Statutory Notes and Related SubsidiariesEffective Date of 2002 Amendment

Pub. L. 107–296, title XIII, § 1305, Nov. 25, 2002, 116 Stat. 2289, provided that: “This subtitle [subtitle A (§§ 1301–1305) of title XIII of Pub. L. 107–296, enacting chapter 14 of this title, amending this section, and enacting provisions set out as a note under section 1401 of this title] shall take effect 180 days after the date of enactment of this Act [Nov. 25, 2002].”

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.

Notes of Decisions
Cited in 38 cases (5 in the last 5 years), 1979–2025 · leading case: John Miller, Jr. v. Hillary Clinton, 687 F.3d 1332 (D.C. Cir. 2012).
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John Miller, Jr. v. Hillary Clinton, 687 F.3d 1332 (D.C. Cir. 2012). · cites it 2× “” 5 U.S.C. § 1103 (a)(5). 26 by the manner in which Congress previously used the same language that is now enshrined in the text of 2669(c)’s third clause.”
Linda Solomon v. Thomas Vilsack, 763 F.3d 1 (D.C. Cir. 2014). “The Office of Personnel Management, which is responsible for “executing, administering, and enforcing” rules and regulations governing federal employment, 5 U.S.C. § 1103 , has identified maxiflex as a potential option for qualifying federal employment positions.”
Nat'l Treasury Employees Union v. United States Merit Sys. Prot. Bd. & United States Off. of Pers. Mgmt., 743 F.2d 895 (D.C. Cir. 1984). · cites it 2× “§ 1205 (e), 2 which grants the MSPB discretionary authority to review rules and regulations promulgated by the Director of the OPM in carrying out his personnel management functions under 5 U.S.C. § 1103 . 3 The MSPB may grant review on its own motion or when “any interested…”
Weight Loss Healthcare Centers of Am., Inc. v. Off. of Pers. Mgmt., 655 F.3d 1202 (10th Cir. 2011). · cites it 2× “" 5 U.S.C. § 1103 (a)(5)(A). It has authority to administer and regulate many aspects of federal employment, including pay rates, see id.”
Kay Coles James Dir. of the Off. of Pers. Mgmt. v. Elisabeth Von Zemenszky, & Merit Sys. Prot. Bd., 284 F.3d 1310 (Fed. Cir. 2002). “OPM is authorized to issue regulations implementing the federal civil service statutes, 5 U.S.C. § 1103 , which it does by following the notice and comment requirements of the Administrative Procedure Act.”
Nat'l Treasury Employees Union v. Reagan, 685 F. Supp. 1346 (E.D. La. 1988). · cites it 3× “” 5 U.S.C. § 1103 (a)(5)(A). The Office is also responsible for “aiding the President, as the President may request, in preparing such civil service rules as the President prescribes.”
Lengerich v. Dep't of the Interior, 454 F.3d 1367 (Fed. Cir. 2006). “nda were promulgated by a different agency, the Bureau of Land Management, we need not address whether this causes us to withhold deference to the interpretation reflected in the Agency Memoranda because the Agency Memoranda specify the manner in which both OPM, the agency…”
Am. Fed'n of Gov't Emps. v. Trump, 318 F. Supp. 3d 370 (D.C. Cir. 2018). “) Congress has clearly vested OPM with the authority to "execut[e], administer[ ], and enforc[e] the civil service rules and regulations of the President and the Office and the laws governing the civil service[,]" 5 U.S.C. § 1103 (a)(5)(A), and with the authority to "aid[ ] the…”
Nat'l Treasury Employees Union v. Donald J. Devine, Dir., Off. of Pers. Mgmt., 733 F.2d 114 (D.C. Cir. 1984). “, 5 U.S.C. § 1103 (a)(5) (1982) (vesting in OPM the functions of “executing, administering, and enforcing .”
Susan Alaniz, Appellants/cross-Appellees v. Off. of Pers. Mgmt., Appellees/cross-Appellants, 728 F.2d 1460 (Fed. Cir. 1984). “1111, 5 U.S.C. §§ 1103 (b), 1105 (1982). It is undisputed that if the rulemaking requirements were applicable to OPM for the years in question, OPM failed to follow the notice and comment procedures.”
Guzman v. Off. of Pers. Mgmt., 53 F. App'x 927 (Fed. Cir. 2002). “9154 and 5 U.S.C. § 1103 . She argues that OPM’s misinterpretation of the civil service laws resulted in the wrongful exclusion of indefinite and temporary employees from CSRS coverage, that OPM failed to reopen her annuity application in retaliation for her disclosure of…”
Byrum v. Off. of Pers. Mgmt., 618 F.3d 1323 (Fed. Cir. 2010). “See 5 U.S.C. § 1103 (a)(5) (charging the Director of OPM with "executing, administering, and enforcing — (A) the civil service rules and regulations of the President and the Office and the laws governing the civil service; and (B) the other activities of the Office including…”
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