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 (c) was repealed by Pub.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 L. 91–34 repealed subsec.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, 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 Page 517 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5113 in classes and grades will be in conformance with or consistent with published standards. (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 .................. 5 U.S.C. 1104. Oct. 28, 1949, ch. 782, § 504, 63 Stat. 959. In subsection (a), the words ‘‘in whole or in part’’ are omitted as unnecessary in view of the specific author- ity to limit the revocation or suspension. The words ‘‘The Commission may limit the revocation or suspen- sion to’’ are substituted for ‘‘Such revocations or sus- pensions may be limited, in the discretion of the Com- mission, to’’ to eliminate redundancy. In subsection (b), the words ‘‘After revocation or sus- pension’’ are substituted for ‘‘After all or part of the authority of the department has been revoked or sus- pended’’. The words ‘‘may restore’’ are substituted for ‘‘may at any time restore’’ to eliminate redundancy. 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. § 5112. General authority of the Office of Per- sonnel Management (a) Notwithstanding section 5107 of this title, the Office of Personnel Management may— (1) ascertain currently the facts as to the du- ties, responsibilities, and qualification re- quirements 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 appro- priate class and grade; and (4) change a position from one class or grade to another class or grade when the facts war- rant. The Office shall certify to the agency concerned its action under paragraph (2) or (4) of this sub- section. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, dis- bursing, and accounting officials. (b) An employee affected or an agency may re- quest 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 456; Pub. L. 95–454, title IX, § 906(a)(2), (3), (17), Oct. 13, 1978, 92 Stat. 1224, 1226.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1101. Oct. 28, 1949, ch. 782, § 501, 63 Stat. 958. In subsection (a), the words ‘‘which may be exercised at any time in its discretion’’ are omitted as redun- dant. The words ‘‘is binding on all administrative, cer- tifying, payroll, disbursing, and accounting officials’’ are substituted for ‘‘shall be binding on all administra- tive, certifying, payroll, disbursing, and accounting of- ficers of the Government’’ to preserve the application to members of the uniformed services. 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, § 906(a)(17), substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commis- sion’’ in section catchline. Subsecs. (a), (b). Pub. L. 95–454, § 906(a)(2), (3), sub- stituted ‘‘Office of Personnel Management’’ and ‘‘Of- fice’’ for ‘‘Civil Service Commission’’ and ‘‘Commis- sion’’, 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. § 5113. Classification records The Office of Personnel Management may— (1) prescribe the form in which each agency shall record the duties and responsibilities of positions and the places where these records shall be maintained; (2) examine these or other pertinent records of the agency; and (3) interview employees of the agency who have knowledge of the duties and responsibil- ities of positions and information as to the reasons for placing a position in a class or grade. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 456; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1106. Oct. 28, 1949, ch. 782, § 506, 63 Stat. 959. In paragraph (1), the words ‘‘to which this chapter ap- plies’’ are omitted as unnecessary in view of section 5102. 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’’.