5 U.S.C. § 1104 — Delegation of authority for personnel management

(a) Subject to subsection (b)(3)—

(1) The President may delegate all or part of personnel-management functions, including competitive examinations, to the Director of the Office of Personnel Management.

(2) The Director may delegate all or part of any function given or delegated to the Director, including competitive examinations, to executive-branch agency heads and other agencies that employ people in the competitive service. The exception is competitive examinations for administrative law judges appointed under section 3105 of this title. The agencies employing those judges must reimburse the cost of those examinations through payments to the revolving fund established under section 1304(e).

(b) (1) The Office must establish standards for the activities of the Office and any other agency acting under authority delegated under subsection (a).

(2) The Office must establish and maintain an oversight program. The program must ensure that activities carried out under authority delegated under subsection (a) follow the merit system principles and the standards established under paragraph (1).

(3) Subsection (a) does not change the Director’s responsibility to issue regulations or ensure compliance with the civil service laws, rules, and regulations.

(4) At the request of the head of an agency to which a function was delegated under subsection (a)(2), the Office may help the agency perform that function. To the extent the Director considers appropriate, the agency must reimburse this assistance through the revolving fund established under section 1304(e).

(c) If the Office makes a written finding, based on information obtained under the program established under subsection (b)(2) or otherwise, that an agency action taken under authority delegated under subsection (a)(2) conflicts with a law, rule, regulation, or standard established under subsection (b)(1), the agency must take any corrective action the Office requires.