5 U.S.C. § 5101 — Purpose

Page 500 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5101 (f) This section shall be administered con- sistent with merit system principles. (Added Pub. L. 107–123, § 8(a), Jan. 16, 2002, 115 Stat. 2398.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2001, see section 11 of Pub. L. 107–123, set out as an Effective Date of 2002 Amendment note under section 78ee of Title 15, Commerce and Trade. EMPLOYEES REPRESENTED BY LABOR ORGANIZATIONS Pub. L. 107–123, § 8(b), Jan. 16, 2002, 115 Stat. 2398, pro- vided that: ‘‘To the extent that any employee of the Se- curities and Exchange Commission is represented by a labor organization with exclusive recognition in ac- cordance with chapter 71 of title 5, United States Code, no reduction in base pay of such employee shall be made by reason of enactment of this section [enacting this chapter, amending sections 3132 and 5373 of this title, section 1833b of Title 12, Banks and Banking, and section 78d of Title 15, Commerce and Trade, and enact- ing provisions set out as a note under this section] (in- cluding the amendments made by this section).’’ IMPLEMENTATION PLAN AND REPORT Pub. L. 107–123, § 8(c), Jan. 16, 2002, 115 Stat. 2398, pro- vided that: ‘‘(1) IMPLEMENTATION PLAN.— ‘‘(A) IN GENERAL.—The Securities and Exchange Commission shall develop a plan to implement sec- tion 4802 of title 5, United States Code, as added by this section. ‘‘(B) INCLUSION IN ANNUAL PERFORMANCE PLAN AND REPORT.—The Securities and Exchange Commission shall include— ‘‘(i) the plan developed under this paragraph in the annual program performance plan submitted under section 1115 of title 31, United States Code; and ‘‘(ii) the effects of implementing the plan devel- oped under this paragraph in the annual program performance report submitted under section 1116 of title 31, United States Code. ‘‘(2) IMPLEMENTATION REPORT.— ‘‘(A) IN GENERAL.—Before implementing the plan developed under paragraph (1), the Securities and Ex- change Commission shall submit a report to the Com- mittee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] and the Committee on Banking, Housing, and Urban Af- fairs of the Senate, the Committee on Government Reform [now Committee on Oversight and Account- ability] and the Committee on Financial Services of the House of Representatives, and the Office of Per- sonnel Management on the details of the plan. ‘‘(B) CONTENT.—The report under this paragraph shall include— ‘‘(i) evidence and supporting documentation justi- fying the plan; and ‘‘(ii) budgeting projections on costs and benefits resulting from the plan.’’ Subpart D—Pay and Allowances CHAPTER 51—CLASSIFICATION Sec. 5101. Purpose. 5102. Definitions; application. 5103. Determination of applicability. 5104. Basis for grading positions. 5105. Standards for classification of positions. 5106. Basis for classifying positions. 5107. Classification of positions. 5108. Classification of positions above GS–15. Sec. 5109. Positions classified by statute. 5110. Review of classification of positions. 5111. Revocation and restoration of authority to classify positions. 5112. General authority of the Office of Personnel Management. 5113. Classification records. [5114. Repealed.] 5115. Regulations. Editorial Notes AMENDMENTS 1992—Pub. L. 102–378, § 2(22), Oct. 2, 1992, 106 Stat. 1348, substituted ‘‘above GS–15’’ for ‘‘at GS–16, 17, and 18’’ in item 5108. 1986—Pub. L. 99–386, title I, § 110(b), Aug. 22, 1986, 100 Stat. 822, struck out item 5114 ‘‘Reports; positions in GS–16, 17, and 18’’. 1978—Pub. L. 95–454, title IX, § 906(a)(17), Oct. 13, 1978, 92 Stat. 1226, substituted ‘‘Office of Personnel Manage- ment’’ for ‘‘Civil Service Commission’’ in item 5112. § 5101. Purpose It is the purpose of this chapter to provide a plan for classification of positions whereby— (1) in determining the rate of basic pay which an employee will receive— (A) the principle of equal pay for substan- tially equal work will be followed; and (B) variations in rates of basic pay paid to different employees will be in proportion to substantial differences in the difficulty, re- sponsibility, and qualification requirements of the work performed and to the contribu- tions of employees to efficiency and econ- omy in the service; and (2) individual positions will, in accordance with their duties, responsibilities, and quali- fication requirements, be so grouped and iden- tified by classes and grades, as defined by sec- tion 5102 of this title, and the various classes will be so described in published standards, as provided by section 5105 of this title, that the resulting position-classification system can be used in all phases of personnel administration. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 443.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1071. Oct. 28, 1949, ch. 782, § 101, 63 Stat. 954. The words ‘‘and for rates of basic compensation’’ are omitted as inapplicable to this chapter since the provi- sions of former chapter 21 relating to rates of basic compensation are carried into subchapter III of chapter 53. The word ‘‘officer’’ is omitted as included in ‘‘em- ployee’’ is defined in section 5102. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface of the report. Statutory Notes and Related Subsidiaries OCCUPATIONAL SERIES FOR DIGITAL CAREER FIELDS Pub. L. 117–81, div. A, title XI, § 1118, Dec. 27, 2021, 135 Stat. 1956, provided that: ‘‘Not later than 270 days after the date of the enactment of this Act [Dec. 27, 2021], the Director of the Office of Personnel Management shall, pursuant to chapter 51 of title 5, United States Code, establish or update one or more occupational series Page 501 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5102 1 See References in Text note below. covering Federal Government positions in the fields of software development, software engineering, data science, and data management.’’ REFERENCES IN OTHER LAWS TO CHAPTER 51 AND SUBCHAPTER III OF CHAPTER 53 References in laws to fix pay in accordance with this chapter and subchapter III of chapter 53 of this title considered to include authority under section 5376 of this title, if applicable, but not to include any author- ity under section 5304 of this title or section 529 [title III, § 302] of Pub. L. 101–509, set out as a note under sec- tion 5304 of this title, see section 529 [title I, § 101(c)(2)] of Pub. L. 101–509, set out in a References in Other Laws to GS–16, 17, or 18 Pay Rates; Regulations note under section 5376 of this title. § 5102. Definitions; application (a) For the purpose of this chapter— (1) ‘‘agency’’ means— (A) an Executive agency; (B) the Library of Congress; (C) the Botanic Garden; (D) the Government Publishing Office; (E) the Office of the Architect of the Cap- itol; and (F) the government of the District of Co- lumbia; but does not include— (i) a Government controlled corporation; (ii) the Tennessee Valley Authority; (iii) the Virgin Islands Corporation; (iv) the Atomic Energy Commission; (v) the Central Intelligence Agency; (vi) the National Security Agency, Depart- ment of Defense; (vii) the Government Accountability Of- fice; (viii) the Office of the Director of National Intelligence; (ix) the Defense Intelligence Agency, De- partment of Defense; or (x) the National Geospatial-Intelligence Agency, Department of Defense; (2) ‘‘employee’’ means an individual em- ployed in or under an agency; (3) ‘‘position’’ means the work, consisting of the duties and responsibilities, assignable to an employee; (4) ‘‘class’’ or ‘‘class of positions’’ includes all positions which are sufficiently similar, as to— (A) kind or subject-matter of work; (B) level of difficulty and responsibility; and (C) the qualification requirements of the work; to warrant similar treatment in personnel and pay administration; and (5) ‘‘grade’’ includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to— (A) level of difficulty and responsibility; and (B) level of qualification requirements of the work; to warrant their inclusion within one range of rates of basic pay in the General Schedule. (b) Except as provided by subsections (c) and (d) of this section, this chapter applies to all ci- vilian positions and employees in or under an agency, including positions in local boards and appeal boards within the Selective Service Sys- tem and employees occupying those positions. (c) This chapter does not apply to— [ (1) Repealed. Pub. L. 91–375, § 6(c)(9), Aug. 12, 1970, 84 Stat. 776;] (2) members of the Foreign Service whose pay is fixed under the Foreign Service Act of 1980; and positions in or under the Department of State which are— (A) connected with the representation of the United States to international organiza- tions; or (B) specifically exempted by statute from this chapter or other classification or pay statute; (3) physicians, dentists, nurses, and other employees in the Veterans Health Administra- tion of the Department of Veterans Affairs whose pay is fixed under chapter 73 of title 38; (4) teachers, school officials, and employees of the Board of Education of the District of Columbia whose pay is fixed under chapter 15 of title 31, District of Columbia Code; the chief judges and the associate judges of the Superior Court of the District of Columbia and the Dis- trict of Columbia Court of Appeals; and non- judicial employees of the District of Columbia court system whose pay is fixed under title 11 of the District of Columbia Code; (5) members of the Metropolitan Police, the Fire Department of the District of Columbia, the United States Park Police, and the United States Secret Service Uniformed Division; members of the police force of the National Zoological Park whose pay is fixed under sec- tion 5375 of this title; and members of the po- lice forces of the Bureau of Engraving and Printing and the United States Mint whose pay is fixed under section 5378 of this title; (6) lighthouse keepers and civilian employ- ees on lightships and vessels of the Coast Guard whose pay is fixed under section 432(f) and (g) 1 of title 14; (7) employees in recognized trades or crafts, or other skilled mechanical crafts, or in un- skilled, semiskilled, or skilled manual-labor occupations, and other employees including foremen and supervisors in positions having trade, craft, or laboring experience and knowl- edge as the paramount requirement, and em- ployees in the Bureau of Engraving and Print- ing whose duties are to perform or to direct manual or machine operations requiring spe- cial skill or experience, or to perform or direct the counting, examining, sorting, or other verification of the product of manual or ma- chine operations; (8) officers and members of crews of vessels; (9) employees of the Government Publishing Office whose pay is fixed under section 305 of title 44; (10) civilian professors, instructors, and lec- turers at a professional military education school (and, in the case of the George C. Mar- shall European Center for Security Studies, the Director and the Deputy Director) whose