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$Unique_ID{USH01060}
$Pretitle{100}
$Title{Presidential Proclamations & Executive Orders
Chapter 5F Federal Civilian Personnel}
$Subtitle{}
$Author{National Archives and Records Administration}
$Affiliation{National Archives}
$Subject{eo
order
executive
personnel
management
office
section
sec
federal
revoked}
$Volume{}
$Date{1989}
$Log{}
Book: Presidential Proclamations & Executive Orders
Author: National Archives and Records Administration
Affiliation: National Archives
Date: 1989
Chapter 5F Federal Civilian Personnel
Executive Order 11955 - Permitting certain qualified employees of the National
Aeronautics and Space Administration to be given career or
career-conditional appointment
SOURCE: The provisions of Executive Order 11955 of Jan. 10, 1977, appear
at 42 FR 2499, 3 CFR, 1977 Comp., p. 77 unless otherwise noted.
By virtue of the authority vested in me by section 3301 of title 5 of the
United States Code, and as President of the United States of America, it is
hereby ordered as follows:
SECTION 1. The appointment of a Command Pilot, Pilot or Mission
Specialist candidate to a position in the Space Shuttle Astronaut Program of
the National Aeronautics and Space Administration, which is listed under
Schedule B of the Schedule of Excepted Positions, may be converted to career
or career-conditional appointment if:
(a) the candidate has successfully completed two years of service as a
candidate in an appropriate training program;
(b) the Administrator of the National Aeronautics and Space
Administration, or the Administrator's designee, recommends the conversion of
the candidate's appointment within ninety days of completion of the
requirements of section 1(a);
(c) the candidate meets noncompetitive examination standards prescribed
by the Office of Personnel Management; and
(d) the candidate meets all other requirements prescribed by the Office
of Personnel Management pursuant to section 3 of this order.
[Sec. 1 amended by E0 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]
(c) Acting as a clearinghouse for Federal agencies in compiling and
disseminating such statistics and information with respect to the
implementation and sales promotion of the Plans as may be appropriate.
(d) Recommending to the Federal agencies any methods for improvements in
the program adopted pursuant to the Plans.
(e) The Committee will meet, and will be available to meet with the
President, at least once each calendar year and at such other times as may be
necessary to carry out its responsibilities.
SEC. 3. Each Federal agency shall institute and put into operation, as
soon as practicable, a plan of organization and sales promotion recommended by
the Committee, with such modifications as particular circumstances may render
advisable.
SEC. 4. As used in this Order, the term "Federal agencies" means
departments, agencies, and establishments of the Executive branch of the
Government.
SEC. 5. This Order supersedes Executive Order No. 11532 of June 2, 1970.
Executive Order 11997 - Withholding of District of Columbia, State, city and
county income or employment taxes
SOURCE: The provisions of Executive Order 11997 of June 22, 1977, appear
at 42 FR 31759, 3 CFR, 1977 Comp., p. 128, unless otherwise noted.
By virtue of the authority vested in me by Sections 5516, 5517 and 5520
of Title 5 of the United States Code, and Section 301 of Title 3 of the United
States Code, and as President of the United States of America, in order to
authorize the Secretary of the Treasury to provide for the withholding of
county income or employment taxes as authorized by Section 5520 of Title 5 of
the United States Code as amended by Section 408 of Public Law 95-30, as well
as to provide for the withholding of District of Columbia, State and city
income or employment taxes, it is hereby ordered as follows:
SECTION 1. Whenever the Secretary of the Treasury enters into an
agreement pursuant to Section 5516, 5517 or 5520 of Title 5 of the United
States Code, with the District of Columbia, a State, a city or a county, as
the case may be, with regard to the withholding, by an agency of the United
States, hereinafter referred to as an agency, of income or employment taxes
from the pay of Federal employees or members of the Armed Forces, the
Secretary of the Treasury shall ensure that each agreement is consistent with
those sections and regulations, including this Order, issued thereunder.
SEC. 2. Each agreement shall provide (a) when tax withholding shall
begin, (b) that the head of an agency may rely on the withholding certificate
of an employee or a member of the Armed Forces in withholding taxes, (c) that
the method for calculating the amount to be withheld for District of Columbia,
State, city or county income or employment taxes shall produce approximately
the tax required to be withheld by the District of Columbia or State law, or
city or county ordinance, whichever is applicable, and (d) that procedures for
the withholding, filing of returns, and payment of the withheld taxes to the
District of Columbia, a State, a city or a county shall conform to the usual
fiscal practices of agencies. Any agreement affecting members of the Armed
SEC. 2. Whenever the Administrator of the National Aeronautics and Space
Administration, or the Administrator's designee, decides not to recommend
conversion of an appointment under this order or whenever the Administrator,
or the Administrator's designee, recommends conversion and the candidate fails
to qualify, the candidate shall be separated not later than the date of
expiration of the current Schedule B appointment, unless the appointment can
be converted through appropriate competitive examination or the candidate can
be assigned to a suitable position under another excepted authority prior to
the expiration date.
SEC. 3. The Office of Personnel Management shall prescribe such
regulations as may be necessary to carry out the purpose of this order.
[Sec. 3 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]
Executive Order 11981 - Establishing the Interagency Committee for the
Purchase of United States Savings Bonds
SOURCE: The provisions of Executive Order 11981 of Mar. 29, 1977, appear
at 42 FR 17095, 3 CFR, 1977 Comp., p. III, unless otherwise noted.
By virtue of the authority vested in me by the Constitution and statutes
of the United States of America, and as President of the United States of
America, it is hereby ordered as follows:
SECTION 1. (a) There is hereby established the Interagency Committee for
the Purchase of United States Savings Bonds (hereinafter referred to as the
Committee). The Committee shall consist of a Chairman, who is to be appointed
the President for a term of two years, and the heads of Federal agencies.
Each member of the Committee is responsible for the success of the Payroll
Savings Program in his agency.
(b) Members of the Committee may designate an alternate, who shall serve
as a member of the Committee whenever the regular member is unable to attend
any meeting of the Committee. The alternate member may be authorized to act
for the regular member in all appropriate matters relating to the Committee.
In the case of an executive or military department, a Deputy Secretary or an
Under Secretary may be designated as an alternate member. In the case of any
other Federal agency, the alternate member shall be designated from among the
officials thereof of appropriate rank.
(c) The Chairman will designate the Federal Payroll Savings Officer of
the Savings Bonds Division, Department of the Treasury, to act as his liaison
officer with members of the Committee.
SEC. 2. The Committee shall perform the following functions and duties:
(a) Formulating and presenting to the Federal agencies a plan of
organization and sales promotion whereby the Payroll Savings Plan and Military
Bond Allotment Plan, hereinafter referred to as the Plans, will be made
available to all uniformed and civilian personnel of the government for the
purchase of Savings Bonds, and whereby all such personnel will be urged to
participate.
(b) Assisting the Federal agencies in installing the Plans and in solving
any special problems that may develop in connection therewith.
[Sec. 2 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]
SEC. 3. The Office of Personnel Management shall prescribe such
regulations as it deems necessary to carry out the provisions of this order
and to provide for the continuation of planning, implementation and evaluation
of employment programs for students throughout the Government. These
regulations shall provide for the periodic evaluation of the work of each
student and require that each student's continuation in the program shall be
dependent upon a finding of satisfactory performance.
[Sec. 3 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CER, 1978 Comp.,
p. 264]
SEC. 4. Executive Order No. 11813 of October 7, 1974, is hereby revoked.
Executive Order 12026 - Reinstatement rights of certain employees of the
Department of Energy
SOURCE: The provisions of Executive Order 12026 of Dec. 5, 1977, appear
at 42 FR 61849, 3 CFR, 1977 Comp., p. 159, unless otherwise noted.
By virtue of the authority vested in me by Sections 3301 and 3302 of
Title 5 of the United States Code, and as President of the United States of
America, the service of an employee of the Atomic Energy Commission or of the
Energy Research and Development Administration pursuant to a Regular or
Regular (Conditional) appointment, other than such service in an attorney
position, who was transferred to the Department of Energy pursuant to the
Department of Energy Organization Act (91 Stat. 565; 42 U.S.C. 7101 et seq.)
shall be considered as Career or Career-Conditional service, respectively, for
purposes of eligibility for reinstatement in the competitive Civil Service.
Executive Order 12027 - Relating to the transfer of certain executive
development and other personnel functions
SOURCE: The provisions of Executive Order 12027 of Dec. 5, 1977, appear
at 42 FR 61851, 3 CFR, 1977 Comp., p. 159, unless otherwise noted.
By virtue of the authority vested in me by the Constitution and statutes
of the United States of America, including Reorganization Plan No. 2 of 1970
(5 U.S.C. App. II), Section 202 of the Budget and Accounting Procedures Act of
1950 (31 U.S.C. 581c), and Section 301 of Title 3 of the United States Code,
and as President of the United States of America, in order to transfer certain
functions from the Director of the Office of Management and Budget to the
Office of Personnel Management, it is hereby ordered as follows:
[Preamble amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]
SECTION 1. The following functions which heretofore have been performed
by the Director of the Office of Management and Budget, either alone or in
conjunction with the Office of Personnel Management, are hereby reassigned and
delegated to the Office of Personnel Management:
(a) Providing overall Executive Branch leadership, regulation, and
guidance in executive personnel selection, development, and management
including:
(1) Devising and establishing programs and encouraging agencies to devise
and establish programs to forecast the need for career executive talent and to
select, train, develop, motivate, deploy and evaluate the men and women who
make up the top ranks of Federal civil service;
(2) Initiating and leading efforts to ensure that potential executive
talent is identified, developed and well utilized throughout the Executive
Branch and;
(3) Ensuring that executive training and motivation meet current and
future needs.
(b) Studying and reporting on issues relating to position classification
and the compensation of Federal civilian employees, including linkages among
pay systems, and providing reports on average grade levels, work-years and
personnel costs of Federal civilian employees.
(c) Providing primary Executive Branch leadership in (1) developing and
reviewing a program of policy guidance to departments and agencies for the
organization of management's responsibility under the Federal Labor Relations
program; and (2) monitoring issues and trends in labor management relations
for referral to appropriate Executive Branch officials including the Federal
Labor Relations Council. 1
[Sec. 1 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]
SEC. 2. [Deleted]
[Sec. 2 amends EO 11541 of July 1, 1970, Chapter 34, p. 690. The amendment
has been incorporated into that order.]
SEC. 3. [Deleted]
[Sec. 3 amends EO 11491 of Oct. 29, 1969, this chapter, p. 82. The amendment
has been incorporated into that order.]
SEC. 4. [Deleted]
[Sec. 4 amended EO 11636 of Dec. 17, 1971, which was revoked by EO 12292 of
Feb. 23, 1981.]
SEC. 5. The records, property, personnel, and unexpended balances of
appropriations, available or to be made available, which relate to the
functions transferred or reassigned by this Order from the Office of
Management and Budget to the Office of Personnel Management, are hereby
transferred to the Office of Personnel Management.
[Sec. 5 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]
SEC. 6. 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.
SEC. 7. This Order shall be effective December 4, 1977.
Executive Order 12105 - Garnishment of moneys payable to employees of
executive agencies and the District of Columbia
SOURCE: The provisions of Executive Order 12105 of Dec. 19, 1978, appear
at 43 FR 59465, 3 CFR, 1978 Comp., p. 262, unless otherwise noted.
By virtue of the authority vested in me by Section 461(a)(1) of the
Social Security Act, as added by Section 501(c) of the Tax Reduction and
Simplification Act of 1977 (Public Law 95-30, 91 Stat. 158, 42 U.S.C.
661(a)(1)), and Section 301 of Title 3 of the United States Code, and as
President of the United States of America, in order to provide for the
enforcement of legal obligations to provide child support or make alimony
payments incurred by employees of the Executive branch, it is hereby ordered
as follows:
1-1. Delegation of Authority.
1-101. The Office of Personnel Management in consultation with the
Attorney General, the Secretary of Defense with respect to members of the
armed forces, and the Mayor of the District of Columbia with respect to
employees of the Government thereof, is authorized to promulgate regulations
for the uniform implementation of Section 459 of the Social Security Act, as
amended (42 U.S.C. 659), hereinafter referred to as the Act.
[Sec. 1-101 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978
Comp., p. 264]
1-102. The regulations promulgated by the Office of Personnel Management
pursuant to this Order shall:
(a) Be applicable to the Executive branch of the Government as defined in
Section 461(a)(1) of the Act (42 U.S.C. 661(a)(1)).
(b) Require the appropriate officials of the Executive branch of the
Government to take the actions prescribed by Sections 461(b)(1), 461(b)(3)(A)
and 461(c) of the Act (42 U.S.C. 661(b)(1), 661(b)(3)(A) and 661(c)).
(c) Require the appropriate officials of the Executive branch of the
Government to issue such rules, regulations and directives as are necessary to
implement the regulations of the Office of Personnel Management.
[Sec. 1-102 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978
Comp., p. 264]
1-2. Revocations.
1-201. Executive Order No. 11881 of October 3, 1975 is revoked.
1-202. All regulations, directives, or actions taken by the Office of
Personnel Management pursuant to Executive Order No. 11881 of October 3, 1975
shall remain in effect until modified, superseded or revoked by the Office of
Personnel Management pursuant to this Order.
[Sec. 1-202 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978
Comp., p. 264]
Executive Order 12107 - Relating to the Civil Service Commission and
labor-management in the Federal Service
SOURCE: The provisions of Executive Order 12107 of Dec. 28, 1978, appear
at 44 FR 1055, 3 CFR, 1978 Comp., p. 264, unless otherwise noted.
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), 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 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, 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. [Deleted [Sec. 2-101, as amended
by EO 12126 of Mar. 29, 1979, and EO 12128 of Apr. 4, 1979, amends Executive
orders relating to the Civil Service Rules, ethics, and other matters of
Presidential interest, including EO 8743 of Apr. 23, 1941, this chapter, p.
33; EO 10577 of Nov. 23, 1954, this chapter, p. 54; EO 10641 of Oct. 26, 1955,
codified at 5 CFR Parts 8.1-8.4; EO 10717 of June 27, 1957, this chapter, p.
60; EO 10927 of Mar. 18, 1961, which was revoked by EO 12353 of Mar. 23, 1982;
EO 11183 of Oct. 3, 1964, this chapter, p. 64; EO 11222 of May 8, 1965, this
chapter, p. 68; EO 11246 of Sept. 24, 1965, Chapter 29, p. 481; EO 11315 of
Nov. 17, 1966, this chapter, p. 75; EO 11451 of Jan. 19, 1969, which was
superseded by EO 12136 of May 15, 1979; EO 11541 of July 1, 1970, Chapter 34,
p. 690; EO 11570 of Nov. 24, 1970, Chapter 39, p. 791; EO 11639 of Jan. 11,
1972, this chapter, p. 98; EO 11648 of Feb. 16, 1972, which amends EO 11183,
this chapter, p. 64; EO 11721 of May 23, 1973, this chapter, p. 99; EO 11935
of Sept. 2, 1976, codified at 5 CFR Part 7.4; EO 12004 of July 20, 1977, which
amends EO 11721, this chapter, p. 99; EO 12014 of Oct. 19, 1977, which amends
EO 10717, this chapter, p. 60; EO 12043 of Mar. 7, 1978, codified at 5 CFR
Parts 6.1, 6.6, 9.6, 9.20; and any other orders, including EO 9721 of May 10,
1946, which was revoked by EO 12553 of Feb. 25, 1986, that relate to functions
or areas of responsibility delegated to the Office of Personnel Management.
The amendments have been incorporated into the orders codified in this volume.
Sec. 2-101 also amends other Executive orders relating to Federal
Personnel Management, and membership an councils, boards, and committees,
including EO 8744 of Apr. 24, 1941, which was revoked by EO 12608 of Sept. 9,
1987; EO 9230 of Aug. 20, 1942, which amends EO 8743, this chapter, p. 33; EO
9712 of Apr. 13, 1946, which amends EO 8743, this chapter, p. 33; EO 9628 of
Sept. 25, 1945, this chapter, p. 37; EO 9830 of Feb. 24, 1947, this chapter,
p. 39; EO 9932 of Feb. 27, 1948, which was revoked by EO 12292 of Feb. 23,
1981; EO 9961 of May 19, 1948, which amends EO 9830, this chapter, p. 39; EO
10000 of Sept. 16, 1948, this chapter, p. 43; EO 10242 of May 8, 1951, which
was revoked by EO 12148 of July 20, 1979; EO 10422 of Jan. 9, 1953, Chapter
22, p. 383; EO 10450 of Apr. 27, 1953, this chapter, p. 47; EO 10459 of June
2, 1953, which amends EO 10422, Chapter 22, p. 383; EO 10530 of May 10, 1954,
Chapter 47, p. 935; EO 10549 of Aug. 2, 1954, 19 FR 4871, 3 CFR, 1954-1958
Comp., p. 200; EO 10550 of Aug. 5, 1954, which amends EO 10450, this chapter,
p. 47; EO 10552 of Aug. 10, 1954, this chapter, p. 53; EO 10556 of Sept. 1,
1954, this chapter, p. 54; EO 10647 of Nov. 28, 1955, Chapter 32, p. 576; EO
10763 of Apr. 23, 1958, which amends EO 10422, Chapter 22, p. 383; EO 10774 of
July 25, 1958, which was revoked by EO 12553 of Feb. 25, 1986; EO 10804 of
Feb. 12, 1959, which was revoked by EO 11552 of Aug. 24, 1970; EO 10826 of
June 25, 1959, this chapter, p. 61; EO 10880 of June 7, 1960, which was
revoked by EO 12608 of Sept. 9, 1987; EO 10903 of Jan. 9, 1961, Chapter 22, p.
387; EO 10973 of Nov. 3, 1961, which was revoked by EO 12163 of Sept. 29,
1979; EO 10982 of Dec. 25, 1961, this chapter, p. 62; EO 11103 of Apr. 10,
1963, this chapter, p. 63; EO 11171 of Aug. 18, 1964, codified at 35 CFR Part
251; EO 11203 of Mar. 12, 1965, this chapter, p. 66; EO 11219 of May 6, 1965,
this chapter, p. 67; EO 11228 of June 14, 1965, this chapter, p. 74; EO 11264
of Dec. 31, 1965, which was revoked by EO 12363 of May 21, 1982; EO 11348 of
Apr. 20, 1967, this chapter, p. 77; EO 11355 of May 26, 1967, which amends EO
10647, Chapter 32, p. 576; EO 11422 of Aug. 15, 1968, which was revoked by EO
12553 of Feb. 25, 1986; EO 11434 of Nov. 8, 1968, which was revoked by EO
12363 of May 21, 1982; EO 11438 of Dec. 3, 1968, Chapter 32, p. 607; EO 11490
of Oct. 28, 1969, which was revoked by EO 12656 of Nov. 18, 1988; EO 11521 of
Mar. 26, 1970, Chapter 38, p. 785; EO 11552 of Aug. 24, 1970, this chapter, p.
95; EO 11561 of Sept. 25, 1970, this chapter, p. 96; EO 11579 of Jan. 19,
1971, Chapter 31, p. 512; EO 11589 of Apr. 1, 1971, this chapter, p. 98; EO
11603 of June 30, 1971, which was superseded by EO 12137 of May 16, 1979; EO
11609 of July 22, 1971, Chapter 34, p. 692; EO 11639 of Jan. 11, 1972, this
chapter, p. 98; EO 11744 of Oct. 24, 1973, this chapter, p. 103; EO 11817 of
Nov. 5, 1974, this chapter, p. 105; EO 11890 of Dec. 10, 1975, which amends EO
10422, Chapter 22, p. 383; EO 11895 of Jan. 6, 1976, this chapter, p. 106; EO
11899 of Jan. 22, 1976, this chapter, p. 106; EO 11938 of Sept. 29, 1976,
which amends EO 10000, this chapter, p. 43; EO 11955 of Jan. 10, 1977, this
chapter, p. 107; EO 12008 of Aug. 25, 1977, which was revoked by EO 12364 of
May 24, 1982; EO 12015 of Oct. 26, 1977, this chapter, p. 110; EO 12027 of
Dec. 5, 1977, this chapter, p. 111; EO 12049 of Mar. 27, 1978, Chapter 32, p.
552; EO 12067 of June 30, 1978, Chapter 29, p. 491; EO 12070 of June 30, 1978,
which was superseded by EO 12510 of Apr. 17, 1985; EO 12089 of Oct. 23, 1978,
which was revoked by EO 12379 of Aug. 17, 1982; EO 12105 of Dec. 19, 1978,
this chapter, p. 113; and any other orders, including EO 11491 of Oct. 29,
1969, this chapter, p. 82; EO 11636 of Dec. 17, 1971, which was revoked by EO
12292 of Feb. 23, 1981; EO 11701 of Jan. 24, 1973, Chapter 41, p. 840; and EO
11787 of June 11, 1974, which was revoked by EO 12553 of Feb. 25, 1986, that
relate to functions or areas of responsibility delegated to the Office of
Personnel Management. The amendments have been incorporated into the orders
codified in this volume.]
2-102. Merit Systems Protection Board. [Deleted]
[Sec. 2-102 amends EO 11787 of June 11, 1974, and EO 10774 of July 25, 1958,
both of which were revoked by EO 12553 of Feb. 25, 1986.]
2-103. Amending the Civil Service Rules. [Deleted]
[Sec. 2-103 amends EO 10577 of Nov. 22, 1954, codified at 5 CFR Parts 1-9.]
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 Delegations of Functions.
2-201. Revocation of Executive Orders and Delegation of Functions to the
Director. Executive Orders numbered 10540 and 10561 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, 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 transfer 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
[Sec. 2-3 amends EO 11491 of Oct. 29, 1969, this chapter, p. 82. The
amendments have been incorporated into that order.]
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 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, 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 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.