5 U.S. Code § 1302 - Regulations

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

Historical and Revision Notes
Derivation U.S. Code Revised Statutes and Statutes at Large
(a) 5 U.S.C. 633(2)7 (last 17 words), (3) (less last 10 words). Jan. 16, 1883, ch. 27, §§ 2(2)7 (last 17 words), (3) (less last 10 words), 22 Stat. 404.
(b) 5 U.S.C. 851 (1st 76 words), 868 (less proviso). June 27, 1944, ch. 287, §§ 2 (1st 76 words), 19, 58 Stat. 387, 391.
(c) 5 U.S.C. 851 (1st 76 words), 860. June 27, 1944, ch. 287, §§ 2 (1st 76 words), 11, 58 Stat. 387, 390.
(d) 5 U.S.C. 118k(d) (1st sentence). July 19, 1940, ch. 640 § 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. 95–454substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing.
Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454effective 90 days after Oct. 13, 1978, see section 907 ofPub. L. 95–454, set out as a note under section 1101 of this title.
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.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


5 CFR - Administrative Personnel

5 CFR Part 151 - POLITICAL ACTIVITY OF STATE OR LOCAL OFFICERS OR EMPLOYEES

5 CFR Part 210 - BASIC CONCEPTS AND DEFINITIONS (GENERAL)

5 CFR Part 211 - VETERAN PREFERENCE

5 CFR Part 212 - COMPETITIVE SERVICE AND COMPETITIVE STATUS

5 CFR Part 230 - ORGANIZATION OF THE GOVERNMENT FOR PERSONNEL MANAGEMENT

5 CFR Part 250 - PERSONNEL MANAGEMENT IN AGENCIES

5 CFR Part 293 - PERSONNEL RECORDS

5 CFR Part 300 - EMPLOYMENT (GENERAL)

5 CFR Part 302 - EMPLOYMENT IN THE EXCEPTED SERVICE

5 CFR Part 315 - CAREER AND CAREER-CONDITIONAL EMPLOYMENT

5 CFR Part 330 - RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)

5 CFR Part 332 - RECRUITMENT AND SELECTION THROUGH COMPETITIVE EXAMINATION

5 CFR Part 337 - EXAMINING SYSTEM

5 CFR Part 351 - REDUCTION IN FORCE

5 CFR Part 359 - REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS

5 CFR Part 715 - NONDISCIPLINARY SEPARATIONS, DEMOTIONS, AND FURLOUGHS

5 CFR Part 731 - SUITABILITY

5 CFR Part 771 - AGENCY ADMINISTRATIVE GRIEVANCE SYSTEM

5 CFR Part 772 - INTERIM RELIEF

5 CFR Part 930 - PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS (MISCELLANEOUS)

 

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