Federal Register

Executive Order 11228--Providing for the performance by the Office of Personnel Management of certain functions vested in or subject to the approval of the President

Source: The provisions of Executive Order 11228 of June 14, 1965, appear at 30 FR 7739, 3 CFR, 1964-1965 Comp., p. 317, unless otherwise noted.

By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows--

Section 1. The Office of Personnel Management is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following:
(1) The authority vested in the Office of Personnel Management by Section 605 of the Federal Employees Pay Act of 1945, 59 Stat. 304 (5 U.S.C. 945), to issue, subject to the approval of the President, regulations necessary for the administration of certain provisions of that Act insofar as the Act affects officers and employees in or under the executive branch of the Government.
(2) The authority vested in the President by Section 203(f) of the Annual and Sick Leave Act of 1951, 65 Stat. 680 (5 U.S.C. 2062(f)), to prescribe regulations governing the granting of leave of absence as described in that Section.
(3) Except as to Presidential appointees, the authority vested in the President (A) by section 204 of the Act of June 30, 1932, 47 Stat. 404, to exempt from automatic separation from the service under that Section any person when, in his judgment, the public interest so requires, and (B) by Section 5(c) of the Civil Service Retirement Act, 70 Stat. 748 (5 U.S.C. 2255(c)), to exempt from automatic separation from the service under Section 5 of that Act any employee when, in his judgment, the public interest so requires.
(4) The authority vested in the President by Section 9(b)(8) of the Federal Employees Salary Act of 1965 (approved October 29, 1965) to prescribe rules and regulations excluding officers or employees from the application of Section 9 of that Act.
(5) The authority vested in the President by Section 9(c) of the Federal Employees Salary Act of 1965 to prescribe rules and regulations governing severance pay.

[Title and sec. 1 amended by Executive Order 11257 of Nov. 13, 1965, 30 FR 14353, 3 CFR, 1964-1965 Comp., p. 357; Executive Order 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]

Sec. 2. The Director of the Office of Personnel Management is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by Section 304(e) of the Government Employees' Incentive Awards Act, 68 Stat. 1113 (5 U.S.C. 2123(e)), to determine the activity primarily benefiting, or the various activities benefiting, from any suggestion, invention, superior accomplishment, or other personal effort of any civilian officer or employee of the Government which constitutes the basis of any Presidential award or honorary recognition made or granted under Section 304(b) of that Act (5 U.S.C. 2123(b)).

[Sec. 2 amended by Executive Order 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]

Sec. 3. The following are hereby superseded:
(1) Part II of Executive Order No. 10530 of May 10, 1954.
(2) Executive Order No. 10682 of October 22, 1956.
(3) Section 5 of Executive Order No. 10800 of January 15, 1959.
(4) Executive Order No. 10835 of August 21, 1959.
(5) So much of Section 2 of Executive Order No. 10903 of January 9, 1961, as added paragraph (e) to Section 2 of Executive Order No. 10530 of May 10, 1954.

Sec. 4. (a) Unless inappropriate, references in this Order to any statute or to any provision of any statute shall be deemed to include references thereto as amended from time to time.
(b) Unless inappropriate, any reference in any Executive order to any Executive order which is superseded by this Order, or to any Executive order provision so superseded, shall hereafter be deemed to refer to this Order or to the provision of Section 1 or Section 2 of this Order, if any, which corresponds to the superseded provision.

Sec. 5. All actions heretofore taken by the President or by his delegates in respect of the matters affected by Sections 1 and 2 of this Order and in force at the time of the issuance of this Order, including any regulations prescribed or approved by the President or by his delegates in respect of such matters, shall, except as they may be inconsistent with the provisions of this Order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this Order unless sooner terminated by operation of law.


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