The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
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
EFFECTIVE DATE OF 1978 AMENDMENT
Pub. L. 95-454, title IX, §907, Oct. 13, 1978, 92 Stat. 1227, 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 § 1 (a), Oct. 2, 1992
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98-224, §1, Mar. 2, 1984, 98 Stat. 47, provided that: "This Act [amending sections 1304 3323 4108 4109 7104 7122
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95-454, §1, Oct. 13, 1978, 92 Stat. 1111, provided that: "This Act [see Tables for classification] may be cited as the 'Civil Service Reform Act of 1978'."
SAVINGS PROVISION
Pub. L. 95-454, title IX, §902, Oct. 13, 1978, 92 Stat. 1223, 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affecting the Federal service shall continue in effect, according to their terms, until modified, terminated, superseded, or repealed by the President, the Office of Personnel Management, the Merit Systems Protection Board, the Equal Employment Opportunity Commission, or the Federal Labor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."
TRANSMITTAL OF RECORD RELATING TO PRESIDENTIALLY APPOINTED POSITIONS TO PRESIDENTIAL CANDIDATES
Pub. L. 108-458 title VIII, § 8403 (b), Dec. 17, 2004 Pub. L. 111-283 § 2 (c)(2), Oct. 15, 2010
"(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 shall transmit such electronic record to any other candidate for President who is an eligible candidate described in section 3(h)(4)(B) of the Presidential Transition Act of 1963 [ Pub. L. 88-277 3 U.S.C. 102
"(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, § 906 , Nov. 24, 2003
"(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
"(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
"(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.
