§1305 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Office of Personnel Management can investigate and make rules about administrative law judges for the parts of law listed as sections 3105, 3344, 4301(2)(D), 5372, and the parts of 5335(a)(B) that deal with administrative law judges. The Merit Systems Protection Board can do the same for section 7521. Both agencies can set up advisory committees when needed, suggest new laws, require witnesses and records to appear, and pay witness fees the same as those used by U.S. courts.

Title 5, §1305

Government Organization and Employees — Source: USLM XML via OLRC

For the purpose of section 3105, 3344, 4301(2)(D), and 5372 of this title and the provisions of section 5335(a)(B) of this title that relate to administrative law judges, the Office of Personnel Management may, and for the purpose of section 7521 of this title, the Merit Systems Protection Board may investigate, prescribe regulations, appoint advisory committees as necessary, recommend legislation, subpena witnesses and records, and pay witness fees as established for the courts of the United States.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1010 (5th sentence).June 11, 1946, ch. 324, § 11 (5th sentence), 60 Stat. 244. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ActThis section amends 5 U.S.C. 1305 to correct a typographical error.

Editorial Notes

Amendments

1998—Pub. L. 105–362 struck out “require reports by agencies, issue reports, including an annual report to Congress,” after “may investigate,”. 1992—Pub. L. 102–378 substituted “section 3105” for “section 3105”. 1978—Pub. L. 95–454 substituted provisions respecting functions pursuant to specified sections of this title of the Office of Personnel Management and the Merit Systems Protection Board for provisions respecting the functions pursuant to specified sections of this title of the Civil Service Commission. Pub. L. 95–251 substituted “Administrative law judges” for “Hearing examiners” in section catchline and “administrative law judges” for “hearing examiners” in text.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by section 801(a)(3)(B)(iii) of Pub. L. 95–454 substituting “5372” for “5362” effective on first day of first applicable pay period beginning on or after the 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an

Effective Date

note under section 5361 of this title. Amendment by section 906(a)(12) of Pub. L. 95–454 respecting functions of the Office and the Board 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.

Effective Date

of 1967 AmendmentAmendment by Pub. L. 90–83 effective as of Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title. Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, excluding committees composed wholly of full-time officers or employees of the Federal Government, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of this title.

§1305 Administrative law judges

Summary

Title 5, §1305

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata