5 U.S.C. § 5109 — Positions classified by statute

Page 515 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5109 1 See References in Text note below. EFFECTIVE DATE OF 1974 AMENDMENTS Amendment by Pub. L. 93–463 effective Oct. 23, 1974, see section 418 of Pub. L. 93–463, set out as a note under section 2 of Title 7, Agriculture. Amendment by Pub. L. 93–415 effective Sept. 7, 1974, see section 263(a) of Pub. L. 93–415, formerly set out as an Effective Date note under section 11101 of Title 34, Crime Control and Law Enforcement. Amendment by Pub. L. 93–406, § 1051(b)(2), effective on 90th day after Sept. 2, 1974, see section 1051(d) of Pub. L. 93–406, set out as a note under section 7802 of Title 26, Internal Revenue Code. Amendment by Pub. L. 93–406, § 4002(c), effective Sept. 2, 1974, see section 4082(a) of Pub. L. 93–406, which is classified to section 1461(a) of Title 29, Labor. EFFECTIVE DATE OF 1973 AMENDMENT Offices and salaries modified under amendment by Pub. L. 93–83, prospectively only, effective on and after Aug. 6, 1973, see section 3 of Pub. L. 93–83. 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. REPEALS Pub. L. 95–612, § 3(b), Nov. 8, 1978, 92 Stat. 3091, cited as a credit to this section, was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068. ADDITIONAL GS–16, GS–17, AND GS–18 POSITIONS; SOURCE FOR APPOINTMENTS; ELIGIBILITY OF APPOINT- EES; TERMINATION OF AUTHORITY ON LEAVING POSI- TIONS; DETERMINATION OF AGGREGATE NUMBER OF POSITIONS AUTHORIZED FOR PLACEMENT IN SUCH GRADES Pub. L. 95–612, § 3(a), (c), Nov. 8, 1978, 92 Stat. 3091, 3092, relating to the appointment of GS–16, GS–17, and GS–18 positions, was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068. TERMINATION OF AUTHORITY TO PLACE POSITIONS IN GS–16, 17, OR 18 OF THE GENERAL SCHEDULE Pub. L. 95–454, title IV, § 414(a)(1)(B), Oct. 13, 1978, 92 Stat. 1177, provided that: ‘‘Notwithstanding any other provision of law (other than section 5108 of such title 5), the authority granted to an agency (as defined in sec- tion 5102(a)(1) of such title 5 under any such provision to place one or more positions in GS–16, 17, or 18 of the General Schedule, is hereby terminated.’’ LIMITATIONS ON EXECUTIVE POSITIONS NOT TO APPLY TO INDIVIDUALS OCCUPYING THOSE POSITIONS ON OC- TOBER 12, 1978 Pub. L. 95–454, title IV, § 414(a)(3), Oct. 13, 1978, 92 Stat. 1178, provided that: ‘‘(A) The provisions of paragraphs (1) and (2) of this subsection [amending sections 3104 and 5108 of this title] shall not apply with respect to any position so long as the individual occupying such position on the day before the date of the enactment of this Act [Oct. 13, 1978] continues to occupy such position. ‘‘(B) The Director— ‘‘(i) in establishing under section 5108 of title 5, United States Code, the maximum number of posi- tions which may be placed in GS–16, 17, and 18 of the General Schedule, and ‘‘(ii) in establishing under section 3104 of such title 5 the maximum number of scientific or professional positions which may be established, shall take into account positions to which subpara- graph (A) of this paragraph applies.’’ [References in laws to rates of pay for GS–16, 17, or 18, or to maximum rates of pay under General Schedule, to be considered references to rates payable under speci- fied sections of this title, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under sec- tion 5376 of this title.] ADDITIONAL POSITIONS IN OFFICE OF MANAGEMENT AND BUDGET Pub. L. 95–26, title I, May 4, 1977, 91 Stat. 94, author- izing the Director of the Office of Management and Budget to place a total of five positions on GS–16, 17, and 18 in addition to the positions authorized by sec- tion 5108 of this title, was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068. PREFERENCE TO BLIND IN SELECTION OF PERSONNEL Preference to be given to blind individuals in selec- tion of additional personnel under subsec. (c)(12) of this section, see section 208(c) of Pub. L. 93–516, set out as a note under section 702 of Title 29, Labor. § 5109. Positions classified by statute (a) The position held by an employee of the Department of Agriculture while he, under sec- tion 450d of title 7,1 is designated and vested with a delegated regulatory function or part thereof shall be classified in accordance with this chapter, but not lower than GS–14. (b)(1) The position held by a fully experienced and qualified railroad safety inspector of the De- partment of Transportation shall be classified in accordance with this chapter, but not lower than GS–12. (2) The position held by a railroad safety spe- cialist of the Department shall be classified in accordance with this chapter, but not lower than GS–13. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 455; Pub. L. 91–34, § 2(b), June 30, 1969, 83 Stat. 41; Pub. L. 93–406, title II, § 1051(b)(1), Sept. 2, 1974, 88 Stat. 951; Pub. L. 95–454, title IX, § 906(b), Oct. 13, 1978, 92 Stat. 1226; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(G)], Nov. 5, 1990, 104 Stat. 1427, 1441; Pub. L. 103–272, § 4(b)(1), July 5, 1994, 108 Stat. 1361; Pub. L. 105–206, title I, § 1102(e)(2), July 22, 1998, 112 Stat. 704.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 516b (3d sen- tence). Apr. 4, 1940, ch. 75, § 2 (3d sentence), 54 Stat. 81. (b) ............. 5 U.S.C. 3013(a) (10th through 24th words of 1st sen- tence, and 2d sen- tence). Sept. 28, 1959, Pub. L. 86–382, § 14(a) (10th through 24th words of 1st sentence, and 2d sentence), 73 Stat. 716. (c) ............. 40 U.S.C. 193w. Sept. 23, 1959, Pub. L. 86–379, § 1, 73 Stat. 702. In subsection (a), the words ‘‘section 450d of title 7’’ are substituted for ‘‘this section’’ to reflect the sched- uled transfer of former section 516b to title 7. In subsection (c), the words ‘‘Notwithstanding any other law’’ were omitted as unnecessary. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes REFERENCES IN TEXT Section 450d of title 7, referred to in subsec. (a), prob- ably means section 2 of act Apr. 4, 1940, ch. 75, which was formerly classified to section 450d of Title 7, Agri- culture, prior to editorial reclassification and renum- bering as section 2204–2 of Title 7. 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, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–406 effective on 90th day after Sept. 2, 1974, see section 1051(d) of Pub. L. 93–406, set out as a note under section 7802 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91–34 effective at beginning of first pay period which commences on or after June 30, 1969, see section 3(a) of Pub. L. 91–34, set out as an Ef- fective Date note under section 5375 of this title. REDUCTION OF BASIC PAY RATE Rate of basic pay not to be reduced by reason of en- actment of Pub. L. 91–34, which amended this section, see section 3(b) of Pub. L. 91–34, set out as a note under section 5365 of this title. § 5110. Review of classification of positions (a) The Office of Personnel Management, from time to time, shall review such number of posi- tions in each agency as will enable the Office to determine whether the agency is placing posi- tions in classes and grades in conformance with or consistently with published standards. (b) When the Office finds under subsection (a) of this section that a position is not placed in its proper class and grade in conformance with pub- lished standards or that a position for which there is no published standard is not placed in the class and grade consistently with published standards, it shall, after consultation with ap- propriate officials of the agency concerned, place the position in its appropriate class and grade and shall certify this action to the agen- cy. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 455; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 1102(b). Oct. 28, 1949, ch. 782, § 502(b), 63 Stat. 958. (b) ............. 5 U.S.C. 1103. Oct. 28, 1949, ch. 782, § 503, 63 Stat. 958. In subsection (b), the words ‘‘to which this chapter applies’’ are omitted as unnecessary in view of section 5102. The words ‘‘appropriate officials’’ and ‘‘adminis- trative, certifying, payroll, disbursing, and accounting officials’’ are substituted for ‘‘appropriate officers and employees’’ and ‘‘administrative, certifying, payroll, disbursing, and accounting officers’’, respectively, to preserve the application to members of the uniformed services who are excluded from the definition of ‘‘offi- cer’’ and ‘‘employee’’. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Subsecs. (a), (b). Pub. L. 95–454 substituted ‘‘Of- fice of Personnel Management’’ and ‘‘Office’’ for ‘‘Civil Service Commission’’ and ‘‘Commission’’, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 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. § 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 con- sistently with published standards, it may re- voke or suspend the authority granted to the agency by section 5107 of this title and require that prior approval of the Office be secured be- fore 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 organiza- tion 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