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5 U.S.C. § 5107 — Classification of positions
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided by this chapter, each agency shall place each position under its jurisdiction in its appropriate class and grade in conformance with standards published by the Office of Personnel Management or, if no published standards apply directly, consistently with published standards. When facts warrant, an agency may change a position which it has placed in a class or grade under this section from that class or grade to another class or grade. Subject to subchapter VI of chapter 53 of this title, these actions of an agency are the basis for pay and personnel transactions until changed by certificate of the Office.
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Stable record: federal_law:legal_authorities:record_usc_a9cd5bfec647c22aaa156c69
Source file: Laws/federal/codes/united-states-code/title-5/section-5107-classification-of-positions--b985d85307.md
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Source location: Title 5, Chapter 51, § 5107; chapter-051-classification.md
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Except as otherwise provided by this chapter, each agency shall place each position under its jurisdiction in its appropriate class and grade in conformance with standards published by the Office of Personnel Management or, if no published standards apply directly, consistently with published standards. When facts warrant, an agency may change a position which it has placed in a class or grade under this section from that class or grade to another class or grade. Subject to subchapter VI of chapter 53 of this title, these actions of an agency are the basis for pay and personnel transactions until changed by certificate of the Office.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 470; Pub. L. 92–392, § 3, Aug. 19, 1972, 86 Stat. 573, set forth provisions relating to pay saving for employees reduced in grade from a grade in the General Schedule. See section 5361 et seq. of this title.
#### Effective Date of Repeal
Repeal effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, and an employee receiving pay on day before such effective date not to have such pay reduced or terminated and, unless section 5362 applies, employee is entitled to continuation of such pay, etc., see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under [section 5361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5361&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5337
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means an employee to whom chapter 51 of this title applies, and a prevailing rate employee, as defined by [section 5342(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5342/a/2&num=0&edition=prelim), whose employment is other than on a temporary or term basis;
(2) “agency” has the meaning given it by [section 5102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102&num=0&edition=prelim);
(3) “retained grade” means the grade used for determining benefits to which an employee to whom [section 5362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5362&num=0&edition=prelim) applies is entitled;
(4) “rate of basic pay” means—
(A) the rate of basic pay payable to an employee under law or regulations before any deductions or additions of any kind, but including—
(i) any applicable locality-based comparability payment under section 5304 or similar provision of law;
(ii) any applicable special pay under section 5305 or similar provision of law; and
(iii) subject to such regulations as the Office of Personnel Management may prescribe, any applicable existing retained rate of pay established under section 5363 or similar provision of law; and
(B) in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343;
(5) “covered pay schedule” means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or a special occupational pay system under subchapter IX;
(6) “position subject to this subchapter” means any position under a covered pay schedule;
(7) “reduction-in-force procedures” means procedures
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5361
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
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Federal law — U.S. Code and appendices · legal_authorities
Neither the Director nor any former officer or employee of the Agency who, while employed by the Agency, was compensated at a rate in excess of the lowest rate for a position classified higher than GS–15 of the General Schedule under [section 5107 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5107&num=0&edition=prelim) may accept compensation from an enterprise during the 2-year period beginning on the date of separation from employment by the Agency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4526
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appointment.—** The board of directors may appoint officers or employees, but only after the corporation has sufficient funds to pay for their services.
**(b) Status and Compensation.—** Officers and employees of the corporation—
(1) shall not be considered employees of the United States Government;
(2) shall be appointed without regard to the provisions of title 5 governing appointments in the competitive service; and
(3) may be paid without regard to chapter 51 and subchapter III of chapter 53 of title 5, except that an officer or employee may not be paid more than 15 percent above the annual rate of basic pay for level GS–15 of the General Schedule under [section 5107 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5107&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 36 U.S.C. § 151304
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Secretary of the Board.—**
(1) The Librarian of Congress shall appoint a Secretary of the Board to serve as executive director of the corporation. The Librarian may remove the Secretary.
(2) The Secretary must be knowledgeable and experienced in matters relating to—
(A) film preservation and restoration activities;
(B) financial management; and
(C) fundraising.
**(b) Appointment of Officers.—** Except as provided in subsection (a) of this section, the board of directors appoints, removes, and replaces officers of the corporation.
**(c) Appointment of Employees.—** Except as provided in subsection (a) of this section, the Secretary appoints, removes, and replaces employees of the corporation.
**(d) Status and Compensation of Employees.—** Employees of the corporation (including the Secretary)—
(1) are not employees of the Library of Congress;
(2) shall be appointed and removed without regard to the provisions of title 5 governing appointments in the competitive service; and
(3) may be paid without regard to chapter 51 and subchapter III of chapter 53 of title 5, except that an employee may not be paid more than the annual rate of basic pay for level GS–15 of the General Schedule under [section 5107 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5107&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Secretary of the Board.—**
(1) The Librarian shall appoint a Secretary of the Board to serve as executive director of the corporation. The Librarian may remove the Secretary.
(2) The Secretary shall be knowledgeable and experienced in matters relating to—
(A) sound recording preservation and restoration activities;
(B) financial management; and
(C) fundraising.
**(b) Appointment of Officers.—** Except as provided in subsection (a) of this section, the board of directors appoints, removes, and replaces officers of the corporation.
**(c) Appointment of Employees.—** Except as provided in subsection (a) of this section, the Secretary appoints, removes, and replaces employees of the corporation.
**(d) Status and Compensation of Employees.—** Employees of the corporation (including the Secretary)—
(1) are not employees of the Library of Congress;
(2) shall be appointed and removed without regard to the provisions of title 5 governing appointments in the competitive service; and
(3) may be paid without regard to chapter 51 and subchapter III of chapter 53 of title 5, except that an employee may not be paid more than the annual rate of basic pay for level 15 of the General Schedule under [section 5107 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5107&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 36 U.S.C. § 152404
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When the Office of Personnel Management finds that an agency is not placing positions in classes and grades in conformance with or consistently with published standards, it may revoke or suspend the authority granted to the agency by [section 5107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5107&num=0&edition=prelim) and require that prior approval of the Office be secured before an action placing a position in a class and grade becomes effective for payroll and other personnel purposes. The Office may limit the revocation or suspension to—
(1) the departmental or field service, or any part thereof;
(2) a geographic area;
(3) an organization unit or group of organization units;
(4) certain types of classification actions;
(5) classes in particular occupational groups or grades; or
(6) classes for which standards have not been published.
**(b)** After revocation or suspension, the Office may restore the authority to the extent that it is satisfied that later actions placing positions in classes and grades will be in conformance with or consistent with published standards.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5111
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding [section 5107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5107&num=0&edition=prelim), the Office of Personnel Management may—
(1) ascertain currently the facts as to the duties, responsibilities, and qualification requirements of a position;
(2) place in an appropriate class and grade a newly created position or a position coming initially under this chapter;
(3) decide whether a position is in its appropriate class and grade; and
(4) change a position from one class or grade to another class or grade when the facts warrant.
The Office shall certify to the agency concerned its action under paragraph (2) or (4) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
**(b)** An employee affected or an agency may request at any time that the Office exercise the authority granted to it by subsection (a) of this section and the Office shall act on the request.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5112
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Federal law — U.S. Code and appendices · legal_authorities
Page 511
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5107
mission of the report to the Congress under subsection
(b) of this section.’’
§ 5105. Standards for classification of positions
(a) The Office of Personnel Management, after
consulting the agencies, shall prepare standards
for placing positions in their proper classes and
grades. The Office may make such inquiries or
investigations of the duties, responsibilities, and
qualification requirements of positions as it
considers necessary for this purpose. The agen-
cies, on request of the Office, shall furnish infor-
mation for and cooperate in the preparation of
the standards. In the standards, which shall be
published in such form as the Office may deter-
mine, the Office shall—
(1) define the various classes of positions in
terms of duties, responsibilities, and qualifica-
tion requirements;
(2) establish the official class titles; and
(3) set forth the grades in which the classes
have been placed by the Office.
(b) The Office, after consulting the agencies to
the extent considered necessary, shall revise,
supplement, or abolish existing standards, or
prepare new standards, so that, as nearly as may
be practicable, positions existing at any given
time will be covered by current published stand-
ards.
(c) The official class titles established under
subsection (a)(2) of this section shall be used for
personnel, budget, and fiscal purposes. However,
this requirement does not prevent the use of or-
ganizational or other titles for internal adminis-
tration, public convenience, law enforcement, or
similar purposes.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 452; Pub. L.
95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92
Stat. 1224.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Re
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5107
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