§ 1305. — Administrative law judges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC1305]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
CHAPTER 13--SPECIAL AUTHORITY
Sec. 1305. Administrative law judges
For the purpose of sections 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.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 402; Pub. L. 90-83, Sec. 1(3),
Sept. 11, 1967, 81 Stat. 196; Pub. L. 95-251, Sec. 2(a)(1), (b)(1), Mar.
27, 1978, 92 Stat. 183; Pub. L. 95-454, title VIII,
Sec. 801(a)(3)(B)(iii), title IX, Sec. 906(a)(12), Oct. 13, 1978, 92
Stat. 1221, 1225; Pub. L. 102-378, Sec. 2(4), Oct. 2, 1992, 106 Stat.
1346; Pub. L. 105-362, title XIII, Sec. 1302(a), Nov. 10, 1998, 112
Stat. 3293.)
Historical and Revision Notes
1966 Act
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 1010 (5th June 11, 1946, ch.
sentence). 324, Sec. 11 (5th
sentence), 60 Stat.
244.
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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 Act
This section amends 5 U.S.C. 1305 to correct a typographical error.
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 ``sections 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.
Effective Date of 1978 Amendment
Amendment 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 Amendment
Amendment 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 Committees
Advisory 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 14
of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix
to this title.
Section Referred to in Other Sections
This section is referred to in section 559 of this title.
