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

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 Revised Statutes and Statutes at Large .................. 5 U.S.C. 1094. Oct. 28, 1949, ch. 782, § 401, 63 Stat. 957. The section is restated for clarity. In subsection (b), the requirement that the Commis- sion keep the standards up to date is omitted as in- cluded in the requirement that the Commission revise, supplement, or abolish existing standards, or prepare new standards so as to keep them current as nearly as practicable. 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, wherever appearing. 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. PERFORMANCE MANAGEMENT SKILLS AND COMPETENCIES Pub. L. 111–352, § 12, Jan. 4, 2011, 124 Stat. 3882, pro- vided that: ‘‘(a) PERFORMANCE MANAGEMENT SKILLS AND COM- PETENCIES.—Not later than 1 year after the date of en- actment of this Act [Jan. 4, 2011], the Director of the Office of Personnel Management, in consultation with the Performance Improvement Council, shall identify the key skills and competencies needed by Federal Government personnel for developing goals, evaluating programs, and analyzing and using performance infor- mation for the purpose of improving Government effi- ciency and effectiveness. ‘‘(b) POSITION CLASSIFICATIONS.—Not later than 2 years after the date of enactment of this Act, based on the identifications under subsection (a), the Director of the Office of Personnel Management shall incorporate, as appropriate, such key skills and competencies into relevant position classifications. ‘‘(c) INCORPORATION INTO EXISTING AGENCY TRAIN- ING.—Not later than 2 years after the enactment of this Act, the Director of the Office of Personnel Manage- ment shall work with each agency, as defined under section 306(f) of title 5, United States Code, to incor- porate the key skills identified under subsection (a) into training for relevant employees at each agency.’’ § 5106. Basis for classifying positions (a) Each position shall be placed in its appro- priate class. The basis for determining the ap- propriate class is the duties and responsibilities of the position and the qualifications required by the duties and responsibilities. (b) Each class shall be placed in its appro- priate grade. The basis for determining the ap- propriate grade is the level of difficulty, respon- sibility, and qualification requirements of the work of the class. (c) Appropriated funds may not be used to pay an employee who places a supervisory position in a class and grade solely on the basis of the size of the organization unit or the number of subordinates supervised. These factors may be given effect only to the extent warranted by the work load of the organization unit and then only in combination with other factors, such as the kind, difficulty, and complexity of work super- vised, the degree and scope of responsibility del- egated to the supervisor, and the kind, degree, and character of the supervision exercised. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 453.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a), (b) ....... 5 U.S.C. 1092. Oct. 28, 1949, ch. 782, § 302, 63 Stat. 957. (c) ............. 5 U.S.C. 1093. Oct. 28, 1949, ch. 782, § 303, 63 Stat. 957. In subsection (c), the prohibition is restated in posi- tive form. The words ‘‘to pay’’ are substituted for the words ‘‘to pay the compensation of’’. The words ‘‘the group, section, bureau’’ are omitted as included in the words ‘‘the organization unit’’. The word ‘‘actually’’ in the phrase ‘‘of the supervision exercised’’ is 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. § 5107. Classification of positions Except as otherwise provided by this chapter, each agency shall place each position under its Page 512 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5108 jurisdiction in its appropriate class and grade in conformance with standards published by the Office of Personnel Management or, if no pub- lished 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 453; Pub. L. 95–454, title VIII, § 801(a)(3)(E), title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1222, 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1102(a). Oct. 28, 1949, ch. 782, § 502(a), 63 Stat. 958. The words ‘‘to which this chapter applies’’ are omit- ted as unnecessary in view of section 5102. The words ‘‘Subject to section 5337 of this title’’ are added to re- flect the qualification imposed by that section. 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—Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’, ‘‘Of- fice’’ for ‘‘Commission’’, and ‘‘subchapter VI of chapter 53’’ for ‘‘section 5337’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by section 803(a)(3)(E) of Pub. L. 95–454, substituting reference to subchapter VI of chapter 53 for reference to section 5337, effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of this title. Amendment by section 906(a)(2), (3) of Pub. L. 95–454, substituting reference to Office of Personnel Manage- ment for reference to Civil Service Commission, effec- tive 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. § 5108. Classification of positions above GS–15 (a) The Office of Personnel Management may, for any Executive agency— (1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS–15; and (2) establish standards and procedures pub- lished by the Director of the Office of Per- sonnel Management in such form as the Direc- tor may determine (including requiring agen- cies, where necessary in the judgment of the Office, to obtain the prior approval of the Of- fice) in accordance with which positions may be classified above GS–15. (b) The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug En- forcement Administration Senior Executive Service. (c) The Librarian of Congress may classify po- sitions in the Library of Congress above GS–15 pursuant to standards established by the Office in subsection (a)(2). (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 453; Pub. L. 89–632, § 1(a)–(d), Oct. 8, 1966, 80 Stat. 878; Pub. L. 90–83, § 1(12), Sept. 11, 1967, 81 Stat. 197; Pub. L. 91–187, § 1, Dec. 30, 1969, 83 Stat. 850; Pub. L. 91–206, § 5(a), Mar. 10, 1970, 84 Stat. 51; Pub. L. 91–596, § 30, Dec. 29, 1970, 84 Stat. 1619; Pub. L. 91–644, title I, § 11, Jan. 2, 1971, 84 Stat. 1889; Pub. L. 91–656, § 9, Jan. 8, 1971, 84 Stat. 1955; Pub. L. 92–261, § 12, Mar. 24, 1972, 86 Stat. 112; Pub. L. 90–351, title I, § 506(c), as added Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 211; Pub. L. 93–282, title III, § 301, May 14, 1974, 88 Stat. 137; Pub. L. 93–406, title I, § 507(b), title II, § 1051(b)(2), title IV, § 4002(c), Sept. 2, 1974, 88 Stat. 894, 951, 1005; Pub. L. 93–415, title II, § 201(g), Sept. 7, 1974, 88 Stat. 1113; Pub. L. 93–463, title IV, § 410, Oct. 23, 1974, 88 Stat. 1414; Pub. L. 93–516, title II, § 208(b), Dec. 7, 1974, 88 Stat. 1629; Pub. L. 93–651, title II, § 208(b), Nov. 21, 1974, 89 Stat. 2–14; Pub. L. 94–183, § 2(14), (15), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 94–233, § 13, Mar. 15, 1976, 90 Stat. 233; Pub. L. 94–503, title II, § 202(a), Oct. 15, 1976, 90 Stat. 2426; Pub. L. 95–91, title VII, § 710(b), Aug. 4, 1977, 91 Stat. 609; Pub. L. 95–190, § 11(a), Nov. 16, 1977, 91 Stat. 1398; Pub. L. 95–219, § 3(c), Dec. 28, 1977, 91 Stat. 1614; Pub. L. 95–251, § 1, Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–454, title IV, § 414(a)(1)(A), (C), (D), Oct. 13, 1978, 92 Stat. 1177; Pub. L. 95–486, § 10, Oct. 20, 1978, 92 Stat. 1634; Pub. L. 95–563, § 14(g), Nov. 1, 1978, 92 Stat. 2390; Pub. L. 95–612, § 3(b), Nov. 8, 1978, 92 Stat. 3091; Pub. L. 95–624, § 22, Nov. 9, 1978, 92 Stat. 3466; Pub. L. 95–630, title V, § 502(c), Nov. 10, 1978, 92 Stat. 3681; Pub. L. 96–54, § 2(a)(23), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96–191, § 8(c), Feb. 15, 1980, 94 Stat. 33; Pub. L. 100–325, § 2(g), May 30, 1988, 102 Stat. 581; Pub. L. 100–702, title I, § 104(c)(2), Nov. 19, 1988, 102 Stat. 4645; Pub. L. 101–474, § 5(i), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101–509, title V, § 529 [title I, § 102(b)(2)], Nov. 5, 1990, 104 Stat. 1427, 1443; Pub. L. 102–378, § 2(23), Oct. 2, 1992, 106 Stat. 1348; Pub. L. 110–372, § 2(c)(4), Oct. 8, 2008, 122 Stat. 4044; Pub. L. 111–68, div. A, title I, § 1403, Oct. 1, 2009, 123 Stat. 2038.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large (a), (b), (c) (1)–(7), (d). 5 U.S.C. 1105(a)–(h), (j)–(l). Oct. 28, 1949, ch. 782, § 505, 63 Stat. 959. Sept. 1, 1954, ch. 1208, § 101(a), 68 Stat. 1105. June 28, 1955, ch. 189, § 12(a), 69 Stat. 179. July 31, 1956, ch. 804, § 502, 70 Stat. 762. Aug. 14, 1957, Pub. L. 85–136, 71 Stat. 352. June 20, 1958, Pub. L. 85–462, §§ 10 (less ‘‘(i)’’), 11, 72 Stat. 213, 213A. Sept. 23, 1959, Pub. L. 86–370, § 2(a), (b), 73 Stat. 650. Sept. 23, 1959, Pub. L. 86–377, § 1(a), 73 Stat. 700. July 1, 1960, Pub. L. 86–568, § 203, 74 Stat. 305.