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5 U.S.C. § 5111 — Revocation and restoration of authority to classify positions

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5111 — Revocation and restoration of authority to classify positions

**(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.

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Stable record: federal_law:legal_authorities:record_usc_b4d0ff47024b2e8085f17be2
Source file: Laws/federal/codes/united-states-code/title-5/section-5111-revocation-and-restoration-of-authority-to-classify-positions--1a490c3501.md
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Source location: Title 5, Chapter 51, § 5111; chapter-051-classification.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

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

**(a)** Subject to subsection (b)(3) of this section— (1) the President may delegate, in whole or in part, authority for personnel management functions, including authority for competitive examinations, to the Director of the Office of Personnel Management; and (2) the Director may delegate, in whole or in part, any function vested in or delegated to the Director, including authority for competitive examinations (except competitive examinations for administrative law judges appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), the cost of which examinations shall be reimbursed by payments from the agencies employing such judges to the revolving fund established under section 1304(e)), to the heads of agencies in the executive branch and other agencies employing persons in the competitive service. **(b)** (1) The Office shall establish standards which shall apply to the activities of the Office or any other agency under authority delegated under subsection (a) of this section. (2) The Office shall establish and maintain an oversight program to ensure that activities under any authority delegated under subsection (a) of this section are in accordance with the merit system principles and the standards established under paragraph (1) of this subsection. (3) Nothing in subsection (a) of this section shall be construed as affecting the responsibility of the Director to prescribe regulations and to ensure compliance with the civil service laws, rules, and regulations. (4) At the request of the head of an agency to whom a function has been delegated under subsection (a)(2), the Office may provide assistance to the agency in performing such function. Such assistance shall, to the

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5107 — Classification of positions

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

5 U.S.C. § 1101 — Office of Personnel Management

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

5 U.S.C. § 5111 — Revocation and restoration of authority

Page 516 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5110 AMENDMENTS 1998—Subsecs. (b), (c). Pub. L. 105–206 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘The position held by the em- ployee appointed under section 7802(b) of the Internal Revenue Code of 1986 shall be considered a position classified above GS–15 pursuant to section 5108.’’ 1994—Subsec. (c). Pub. L. 103–272 added subsec. (c). 1990—Subsec. (b). Pub. L. 101–509 substituted ‘‘shall be considered a position classified above GS–15 pursuant to section 5108’’ for ‘‘is classified at GS–18, and is in ad- dition to the number of positions authorized by section 5108(a) of this title’’. 1986—Subsec. (b). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. 1978—Subsecs. (b), (c). Pub. L. 95–454, § 906(b), redesig- nated subsec. (c) as (b). Former subsec. (b), which re- lated to classification of position held by an employee appointed under section 1104(a)(2) of this title, was struck out. 1974—Subsec. (c). Pub. L. 93–406 added subsec. (c). A prior subsec. (c) was repealed by Pub. L. 91–34. 1969—Subsec. (c). Pub. L. 91–34 repealed subsec. (c) provisions classifying positions on National Zoological Park police force authorized pursuant to section 193n of title 40. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13

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