-CITE-
    5 USC CHAPTER 51 - CLASSIFICATION                           01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
                        CHAPTER 51 - CLASSIFICATION                    

-MISC1-
    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.              
    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      Repealed.]                                            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.                                          

                                AMENDMENTS                            
      1992 - Pub. L. 102-378, Sec. 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, Sec. 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, Sec. 906(a)(17), Oct. 13, 1978,
    92 Stat. 1226, substituted "Office of Personnel Management" for
    "Civil Service Commission" in item 5112.

-End-



-CITE-
    5 USC Sec. 5101                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5101. Purpose

-STATUTE-
      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 substantially 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, responsibility, and qualification requirements
        of the work performed and to the contributions of employees to
        efficiency and economy in the service; and

        (2) individual positions will, in accordance with their duties,
      responsibilities, and qualification requirements, be so grouped
      and identified by classes and grades, as defined by section 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.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 1071.           Oct. 28, 1949, ch. 782,     
                                              Sec. 101, 63 Stat. 954.    
    --------------------------------------------------------------------

      The words "and for rates of basic compensation" are omitted as
    inapplicable to this chapter since the provisions 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 "employee" is defined in section 5102.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    of the report.

       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 authority under section 5304 of this title or
    section 529 [title III, Sec. 302] of Pub. L. 101-509, set out as a
    note under section 5304 of this title, see section 529 [title I,
    Sec. 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.

-End-



-CITE-
    5 USC Sec. 5102                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5102. Definitions; application

-STATUTE-
      (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 Printing Office;
          (E) the Office of the Architect of the Capitol; and
          (F) the government of the District of Columbia;

      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, Department of Defense;
          (vii) the Government Accountability Office; or (!1)

          (ix) (!2) the Defense Intelligence Agency, Department of
        Defense; or

          (x) the National Geospatial-Intelligence Agency, Department
        of Defense.(!3)


        (2) "employee" means an individual employed 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 civilian positions and
    employees in or under an agency, including positions in local
    boards and appeal boards within the Selective Service System and
    employees occupying those positions.
      (c) This chapter does not apply to - 
        [ (1) Repealed. Pub. L. 91-375, Sec. 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 organizations; 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 Administration 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 District of Columbia Court of
      Appeals; and nonjudicial 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
      Executive Protective Service; members of the police force of the
      National Zoological Park whose pay is fixed under section 5375 of
      this title; and members of the police 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 employees on lightships and
      vessels of the Coast Guard whose pay is fixed under section
      432(f) and (g) of title 14;
        (7) employees in recognized trades or crafts, or other skilled
      mechanical crafts, or in unskilled, semiskilled, or skilled
      manual-labor occupations, and other employees including foremen
      and supervisors in positions having trade, craft, or laboring
      experience and knowledge as the paramount requirement, and
      employees in the Bureau of Engraving and Printing whose duties
      are to perform or to direct manual or machine operations
      requiring special skill or experience, or to perform or direct
      the counting, examining, sorting, or other verification of the
      product of manual or machine operations;
        (8) officers and members of crews of vessels;
        (9) employees of the Government Printing Office whose pay is
      fixed under section 305 of title 44;
        (10) civilian professors, instructors, and lecturers at a
      professional military education school (and, in the case of the
      George C. Marshall European Center for Security Studies, the
      Director and the Deputy Director) whose pay is fixed under
      section 1595, 4021, 7478, or 9021 of title 10; civilian
      professors, lecturers, and instructors at the Military Academy,
      the Naval Academy, and the Air Force Academy whose pay is fixed
      under sections 4338, 6952, and 9338, respectively, of title 10;
      senior professors, professors, associate and assistant
      professors, and instructors at the Naval Postgraduate School
      whose pay is fixed under section 7044 of title 10; the Provost
      and Academic Dean of the Naval Postgraduate School whose pay is
      fixed under section 7043 of title 10; civilian professors,
      instructors, and lecturers in the defense acquisition university
      structure (including the Defense Systems Management College)
      whose pay is fixed under section 1746(b) of title 10;
        (11) aliens or noncitizens of the United States who occupy
      positions outside the United States;
        [(12) Repealed. Pub. L. 104-201, div. C, title XXXV, Sec.
      3548(a)(2)(B), Sept. 23, 1996, 110 Stat. 3868;]
        (13) employees who serve without pay or at nominal rates of
      pay;
        (14) employees whose pay is not wholly from appropriated funds
      of the United States (other than employees of the Federal
      Retirement Thrift Investment Management System appointed under
      section 8474(c)(2) of this title), except that with respect to
      the Veterans' Canteen Service, Department of Veterans Affairs
      this paragraph applies only to employees necessary for the
      transaction of the business of the Service at canteens,
      warehouses, and storage depots whose employment is authorized by
      section 7802 of title 38;
        (15) employees whose pay is fixed under a cooperative agreement
      between the United States and - 
          (A) a State or territory or possession of the United States,
        or political subdivision thereof; or
          (B) an individual or organization outside the service of the
        Government of the United States;

        (16) student nurses, medical or dental interns, residents-in-
      training, student dietitians, student physical therapists,
      student occupational therapists, and other student employees,
      assigned or attached to a hospital, clinic, or laboratory
      primarily for training purposes, whose pay is fixed under
      subchapter V of chapter 53 of this title or sections 7405 and
      7406 of title 38;
        (17) inmates, patients, or beneficiaries receiving care or
      treatment or living in Government agencies or institutions;
        (18) experts or consultants, when employed temporarily or
      intermittently in accordance with section 3109 of this title;
        (19) emergency or seasonal employees whose employment is of
      uncertain or purely temporary duration, or who are employed for
      brief periods at intervals;
        (20) employees employed on a fee, contract, or piece work
      basis;
        (21) employees who may lawfully perform their duties
      concurrently with their private profession, business, or other
      employment, and whose duties require only a portion of their
      time, when it is impracticable to ascertain or anticipate the
      proportion of time devoted to the service of the Government of
      the United States;
        (22) "teachers" and "teaching positions" as defined by section
      901 of title 20;
        (23) administrative patent judges and designated administrative
      patent judges in the United States Patent and Trademark Office;
        (24) temporary positions in the Bureau of the Census
      established under section 23 of title 13, and enumerator
      positions in the Bureau of the Census;
        (25) positions for which rates of basic pay are individually
      fixed, or expressly authorized to be fixed, by other statute, at
      or in excess of the rate for level V of the Executive Schedule;
        (26) civilian members of the faculty of the Coast Guard Academy
      whose pay is fixed under section 186 of title 14;
        (27) members of the police of the Library of Congress whose pay
      is fixed under section 167 of title 2;
        (28) civilian members of the faculty of the Air Force Institute
      of Technology whose pay is fixed under section 9314 of title 10;
        (29) administrative law judges appointed under section 3105; or
        (30) members of agency boards of contract appeals appointed
      under section 8 of the Contract Disputes Act of 1978.

      (d) This chapter does not apply to an employee of the Office of
    the Architect of the Capitol whose pay is fixed by other statute.
    Subsection (c) of this section, except paragraph (7), does not
    apply to the Office of the Architect of the Capitol.
      (e) Except as may be specifically provided, this chapter does not
    apply for pay purposes to any employee of the government of the
    District of Columbia during fiscal year 2006 or any succeeding
    fiscal year.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 444; Pub. L. 90-83, Sec.
    1(11), Sept. 11, 1967, 81 Stat. 197; Pub. L. 90-610, Sec. 2, Oct.
    21, 1968, 82 Stat. 1201; Pub. L. 91-34, Sec. 2(a), June 30, 1969,
    83 Stat. 41; Pub. L. 91-358, title I, Sec. 172(f), July 29, 1970,
    84 Stat. 591; Pub. L. 91-375, Sec. 6(c)(9), Aug. 12, 1970, 84 Stat.
    776; Pub. L. 93-176, Sec. 1, Dec. 5, 1973, 87 Stat. 693; Pub. L. 94-
    183, Sec. 2(12), (13), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-
    454, title VIII, Sec. 801(a)(3)(D), title IX, Sec. 906(a)(2), Oct.
    13, 1978, 92 Stat. 1221, 1224; Pub. L. 96-54, Sec. 2(a)(22), Aug.
    14, 1979, 93 Stat. 382; Pub. L. 96-70, title III, Sec. 3302(e)(1),
    (6), Sept. 27, 1979, 93 Stat. 498; Pub. L. 96-191, Sec. 8(b), Feb.
    15, 1980, 94 Stat. 33; Pub. L. 96-465, title II, Sec. 2314(b), Oct.
    17, 1980, 94 Stat. 2167; Pub. L. 97-468, title VI, Sec.
    615(b)(1)(C), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98-618, title
    V, Sec. 502(a), Nov. 8, 1984, 98 Stat. 3302; Pub. L. 99-145, title
    V, Sec. 504(b), Nov. 8, 1985, 99 Stat. 622; Pub. L. 99-335, title
    II, Sec. 207(n), June 6, 1986, 100 Stat. 598; Pub. L. 100-135, Sec.
    1(b)(2), Oct. 16, 1987, 101 Stat. 811; Pub. L. 101-189, div. A,
    title XI, Sec. 1124(e), Nov. 29, 1989, 103 Stat. 1560; Pub. L. 101-
    474, Sec. 5(h), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101-509,
    title V, Sec. 529 [title I, Secs. 101(b)(9)(F), 104(d)(1),
    109(a)(2)], Nov. 5, 1990, 104 Stat. 1427, 1441, 1447, 1451; Pub. L.
    101-510, div. A, title XII, Sec. 1209(h)(2), Nov. 5, 1990, 104
    Stat. 1667; Pub. L. 102-40, title IV, Sec. 403(c)(1), May 7, 1991,
    105 Stat. 240; Pub. L. 102-54, Sec. 13(b)(1), (2), June 13, 1991,
    105 Stat. 274; Pub. L. 103-160, div. A, title V, Sec. 533(c), title
    IX, Sec. 923(b), Nov. 30, 1993, 107 Stat. 1658, 1731; Pub. L. 103-
    359, title V, Sec. 501(g), Oct. 14, 1994, 108 Stat. 3429; Pub. L.
    103-446, title XII, Sec. 1203(b), Nov. 2, 1994, 108 Stat. 4689;
    Pub. L. 104-201, div. A, title XI, Sec. 1122(a)(1), div. C, title
    XXXV, Sec. 3548(a)(2), Sept. 23, 1996, 110 Stat. 2687, 2868; Pub.
    L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(3)],
    Nov. 29, 1999, 113 Stat. 1536, 1501A-583; Pub. L. 108-136, div. A,
    title IX, Sec. 921(g), Nov. 24, 2003, 117 Stat. 1570; Pub. L. 108-
    271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108-375, div.
    A, title V, Sec. 557(b)(5), Oct. 28, 2004, 118 Stat. 1916; Pub. L.
    109-356, title III, Sec. 303(b), Oct. 16, 2006, 120 Stat. 2040.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1966 ACT                             
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
    (a)(1)          5 U.S.C. 1081(a).        Oct. 28, 1949, ch. 782,     
                                              Sec. 201(a), 63 Stat. 954. 
                    5 U.S.C.                 Oct. 28, 1949, ch. 782,     
                     1082(12)-(20), (32).     Sec. 202 (12)-(20), 63     
                                              Stat. 954.                 
                                             May 29, 1959, Pub. L.       
                                              86-36, Sec. 1, 73 Stat. 63.
                                             Sept. 23, 1959, Pub. L.     
                                              86-370, Sec. 6(a) (less    
                                              (4)), 73 Stat. 652.        
    (a)(3)-(5)      5 U.S.C. 1091.           Oct. 28, 1949, ch. 782,     
                                              Sec. 301, 63 Stat. 957.    
    (b)             5 U.S.C. 1081(b).        Oct. 28, 1949, ch. 782,     
                                              Sec. 201(b), 63 Stat. 954. 
    (c)             5 U.S.C.                 Oct. 28, 1949, ch. 782,     
                     1082(1)-(6), (7)         Sec. 202 (1)-(6), (7) (less
                     (less provisos), (8)     last 25 words), (8) (less  
                     (less last 31            last 31 words), (9)-(11),  
                     words), (9)-(11),        (21)-(31), 63 Stat. 954.   
                     (21)-(31), (33)-(35).                                
                                             Sept. 1, 1954, ch. 1208,    
                                              Sec. 105(a) "(7) (less     
                                              provisos)", 68 Stat. 1106. 
                                             June 17, 1957, Pub. L.      
                                              85-56, Sec. 2201(20), 71   
                                              Stat. 159.                 
                                             July 25, 1958, Pub. L.      
                                              85-550, Sec. 16(a), (b)(1),
                                              72 Stat. 411.              
                                             Sept. 2, 1958, Pub. L.      
                                              85-857, Sec. 13(o), 72     
                                              Stat. 1266.                
                                             July 17, 1959, Pub. L.      
                                              86-91, Sec. 3, 73 Stat. 213.
                                             Sept. 23, 1959, Pub. L.     
                                              86-370, Sec. 6(a)(4), 73   
                                              Stat. 652.                 
                                             Sept. 13, 1960, Pub. L.     
                                              86-769, Sec. 4, 74 Stat.   
                                              912.                       
    (d)             5 U.S.C. 1084(b).        Oct. 28, 1949, ch. 782,     
                                              Sec. 204(b), 63 Stat. 957. 
    --------------------------------------------------------------------

      The section is reorganized and restated for clarity.
      In subsection (a)(1)(i), the exception of "a Government
    controlled corporation" is added to preserve the application of
    this chapter to "corporations wholly owned by the United States".
    This is necessary as the defined term "Executive agency" includes
    the defined term "Government corporation" and the latter includes
    both Government owned and controlled corporations. Thus the
    exclusion of Government controlled corporations, which are distinct
    from wholly owned corporations, operates to preserve the
    application of the chapter to wholly owned corporations.
      In subsection (a)(1)(vii), the words "Panama Canal Company" are
    substituted for "Panama Railroad Company" on authority of the Act
    of Sept. 26, 1950, ch. 1049, Sec. 2(a)(2), 64 Stat. 1038.
      The exception for the Inland Waterways Corporation in former
    section 1082(13) is omitted on authority of the Act of July 19,
    1963, Pub. L. 88-67, 77 Stat. 81.
      The exceptions for Production Credit Corporations and Federal
    Intermediate Credit Banks in former section 1082(18) and (19) are
    omitted as they are no longer "corporations wholly owned by the
    United States". Under the Farm Credit Act of 1956, 70 Stat. 659,
    the Production Credit Corporations were merged in the Federal
    Intermediate Credit Banks, and pursuant to that Act the Federal
    Intermediate Credit Banks have ceased to be corporations wholly
    owned by the United States.
      Subsection (a)(2) is added for clarity. The reference to "an
    individual employed in or under an agency" includes both officers
    and employees of an agency.
      In subsection (a)(5), the words "in the General Schedule" are
    substituted for the reference in former section 1091(3) to "as
    specified in subchapter V of this chapter".
      In subsection (b), the reference to former section 1085 is
    omitted as unnecessary. Former section 1085 which exempted certain
    agencies from former sections 1151-1153 is carried into section
    305.
      In subsection (c)(1), the words "chapter 45 of title 39" are
    substituted for the reference in former section 1082(1) to "chapter
    23 of title 39" on authority of the Act of July 10, 1955, ch. 137,
    Sec. 805, 69 Stat. 130, and the Act of Sept. 2, 1960, Pub. L. 86-
    682, Sec. 5, 74 Stat. 705.
      In subsection (c)(2)(B), the words "this chapter" are substituted
    for the reference in former section 1082(2)(B) to "the
    Classification Act of 1923, as amended," on authority of section
    1106 of the Act of Oct. 28, 1949, 63 Stat. 972, and technical
    section 7(b).
      In subsection (c)(4), the words "chapter 15 of title 31, District
    of Columbia Code" are substituted for the reference in former
    section 1082(4) to "the District of Columbia Teachers Salary Act of
    1947, as supplemented by Public Law 151, Eighty-first Congress,
    approved June 30, 1949" on authority of the provisions contained
    therein. The words "District of Columbia Court of General Sessions"
    and "District of Columbia Court of Appeals" are substituted for
    "Municipal Court for the District of Columbia" and "Municipal Court
    of Appeals for the District of Columbia", respectively, on
    authority of D.C. Code Secs. 11-902 and 11-702. The exception for
    judges of the Juvenile Court of the District of Columbia is based
    on D.C. Code Sec. 11-1502.
      In subsection (c)(5), the word "officers" is omitted as included
    in "member".
      In subsection (c)(10), the words "sections 6952 and 7478 of title
    10", "section 7044 of title 10", and "section 7043 of title 10" are
    substituted for the references in former section 1082(10) to
    "section 1071 of title 34", "sections 1076-1076f of title 34", and
    "section 1074 of title 34", respectively, on authority of the Act
    of Aug. 10, 1956, ch. 1041, Sec. 49(b), 70A Stat. 640.
      In subsection (c)(11), the words "the United States" are
    substituted for "the several States and the District of Columbia".
      In subsection (c)(14), the words "employees necessary for the
    transaction of the business of the Service at canteens, warehouses,
    and storage depots whose employment is authorized by section 4202
    of title 38" are substituted for the reference in former section
    1082(23) to "positions which are exempt from this chapter, pursuant
    to section 4202 of title 38".
      In subsection (c)(16), the reference to "section 4114 of title
    38" is substituted for the reference in former section 1082(25) to
    "section 4114(b) of title 38" to reflect the pay fixing authority
    contained in subsection (a)(1) of section 4114.
      In subsection (c)(22), the words "as defined by section 901 of
    title 20" are substituted for "as defined in the Defense Department
    Overseas Teachers Pay and Personnel Practices Act" on authority of
    former section 2351, which is scheduled for transfer to section 901
    of title 20.
      In subsection (c)(25), the word "schedule" is omitted since
    section 603 of the Act of Oct. 11, 1962, Pub. L. 87-793, 76 Stat.
    847, eliminated the necessity of referring to rates as scheduled or
    longevity. The words "for GS-18" are substituted for "of the
    highest grade established by this chapter".
      The second sentence of subsection (d) is based on former section
    1084(c), which is carried into section 5103.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.



                                 1967 ACT                             
    --------------------------------------------------------------------
     Section of       Source (U.S. Code)      Source (Statutes at Large) 
       title 5                                                           
    --------------------------------------------------------------------
    5102(c)(26)     5 App.: 1082(36).        June 9, 1966, Pub. L.       
                                              89-444, Sec. 4, 80 Stat.   
                                              198.                       
    --------------------------------------------------------------------

      The amendment to 5 U.S.C. 5102(c)(15) is made to correct a
    typographical error.
      The amendment to 5 U.S.C. 5102(c)(26) reflects Public Law 89-444,
    section 4.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Service Act of 1980, referred to in subsec. (c)(2),
    is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which
    is classified principally to chapter 52 (Sec. 3901 et seq.) of
    Title 22, Foreign Relations and Intercourse. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3901 of Title 22 and Tables.
      Level V of the Executive Schedule, referred to in subsec.
    (c)(25), is set out in section 5316 of this title.
      Section 8 of the Contract Disputes Act of 1978, referred to in
    subsec. (c)(30), is classified to section 607 of Title 41, Public
    Contracts.


-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (e). Pub. L. 109-356 added subsec. (e).
      2004 - Subsec. (a)(1)(vii). Pub. L. 108-271 substituted
    "Government Accountability Office" for "General Accounting Office".
      Subsec. (b). Pub. L. 108-375, Sec. 557(b)(5)(B), which directed
    amendment of subsec. (b) by substituting "Provost and Academic
    Dean" for "Academic Dean", could not be executed because the words
    "Academic Dean" did not appear.
      Subsec. (c)(10). Pub. L. 108-375, Sec. 557(b)(5)(A), substituted
    "Provost and Academic Dean of the Naval Postgraduate School" for
    "Academic Dean of the Postgraduate School of the Naval Academy".
      2003 - Subsec. (a)(1)(x). Pub. L. 108-136 substituted "National
    Geospatial-Intelligence Agency" for "National Imagery and Mapping
    Agency".
      1999 - Subsec. (c)(23). Pub. L. 106-113 amended par. (23)
    generally. Prior to amendment, par. (23) read as follows:
    "examiners-in-chief and designated examiners-in-chief in the Patent
    and Trademark Office, Department of Commerce;".
      1996 - Subsec. (a)(1)(vi), (vii). Pub. L. 104-201, Sec.
    3548(a)(2)(A), redesignated cls. (vii) and (viii) as (vi) and
    (vii), respectively, and struck out former cl. (vi) which read as
    follows: "the Panama Canal Commission;".
      Subsec. (a)(1)(viii). Pub. L. 104-201, Sec. 3548(a)(2)(A)(ii),
    which directed redesignation of cl. (ix) as (viii) could not be
    executed because subsec. (a)(1) did not contain a cl. (ix). See
    1983 Amendment note below. Former cl. (viii) redesignated (vii).
      Subsec. (a)(1)(ix), (x). Pub. L. 104-201, Sec. 3548(a)(2)(A)(ii),
    redesignated cls. (x) and (xi) as (ix) and (x), respectively.
      Subsec. (a)(1)(xi). Pub. L. 104-201, Sec. 3548(a)(2)(A)(ii),
    redesignated cl. (xi) as (x).
      Pub. L. 104-201, Sec. 1122(a)(1), substituted "National Imagery
    and Mapping Agency" for "Central Imagery Office".
      Subsec. (c)(12). Pub. L. 104-201, Sec. 3548(a)(2)(B), struck out
    par. (12) which read as follows: "any Executive agency to the
    extent of any election under section 1212(b)(2) (relating to the
    Panama Canal Employment System) of the Panama Canal Act of 1979;".
      1994 - Subsec. (a)(1)(ix) to (xi). Pub. L. 103-359 directed the
    amendment of cl. (ix) by striking "or" at end which could not be
    executed because par. (1) does not contain a cl. (ix), directed the
    substitution of "; or" for period at end of cl. (x) which was
    executed by inserting "or" at end of cl. (x) to reflect the
    probable intent of Congress because a semicolon already exists at
    end of cl. (x), and added cl. (xi).
      Subsec. (c)(3). Pub. L. 103-446 struck out comma after
    "Department of Veterans Affairs".
      1993 - Subsec. (c)(10). Pub. L. 103-160, Sec. 923(b), inserted
    "(and, in the case of the George C. Marshall European Center for
    Security Studies, the Director and the Deputy Director)" after
    "professional military education school".
      Pub. L. 103-160, Sec. 533(c), substituted "at the Military
    Academy, the Naval Academy, and the Air Force Academy whose pay is
    fixed under sections 4338, 6952, and 9338, respectively, of title
    10" for "at the Naval Academy whose pay is fixed under section 6952
    of title 10".
      1991 - Subsec. (c)(3). Pub. L. 102-54, Sec. 13(b)(2), substituted
    "Veterans Health Administration of the Department of Veterans
    Affairs" for "Department of Medicine and Surgery, Veterans'
    Administration".
      Subsec. (c)(14). Pub. L. 102-54, Sec. 13(b)(1), substituted
    "Department of Veterans Affairs" for "Veterans' Administration".
      Pub. L. 102-40, Sec. 403(c)(1)(A), substituted "section 7802 of
    title 38" for "section 4202 of title 38".
      Subsec. (c)(16). Pub. L. 102-40, Sec. 403(c)(1)(B), substituted
    "sections 7405 and 7406" for "section 4114".
      1990 - Subsec. (a)(1). Pub. L. 101-474 redesignated subpars. (C)
    to (G) as (B) to (F), respectively, and struck out former subpar.
    (B) which included Administrative Office of United States Courts
    within definition of "agency".
      Subsec. (c)(5). Pub. L. 101-509, Sec. 529 [title I, Sec.
    109(a)(2)], substituted "members" for "and members" after
    "Protective Service;" and inserted at end "and members of the
    police forces of the Bureau of Engraving and Printing and the
    United States Mint whose pay is fixed under section 5378 of this
    title;".
      Subsec. (c)(10). Pub. L. 101-510 struck out "and" before "the
    Academic Dean" and inserted at end "civilian professors,
    instructors, and lecturers in the defense acquisition university
    structure (including the Defense Systems Management College) whose
    pay is fixed under section 1746(b) of title 10;".
      Subsec. (c)(25). Pub. L. 101-509, Sec. 529 [title I, Sec.
    101(b)(9)(F)], substituted "rate for level V of the Executive
    Schedule" for "maximum rate for GS-18".
      Subsec. (c)(29), (30). Pub. L. 101-509, Sec. 529 [title I, Sec.
    104(d)(1)], added pars. (29) and (30).
      1989 - Subsec. (c)(10). Pub. L. 101-189 inserted "civilian
    professors, instructors, and lecturers at a professional military
    education school whose pay is fixed under section 1595, 4021, 7478,
    or 9021 of title 10;", struck out "the Naval War College and" after
    "instructors at", and substituted "section 6952" for "sections 6952
    and 7478".
      1987 - Subsec. (c)(27). Pub. L. 100-135 substituted "police" for
    "special police force".
      1986 - Subsec. (c)(14). Pub. L. 99-335 inserted "(other than
    employees of the Federal Retirement Thrift Investment System
    appointed under section 8474(c)(2) of this title)".
      1985 - Subsec. (c)(28). Pub. L. 99-145 added par. (28).
      1984 - Subsec. (a)(1)(viii) to (x). Pub. L. 98-618 struck out
    "or" at end of cl. (viii), inserted "or" at end of cl. (ix), and
    added cl. (x).
      1983 - Subsec. (a)(1)(iii) to (ix). Pub. L. 97-468, eff. Jan. 5,
    1985, struck out cl. (iii) which excluded the Alaska Railroad and
    redesignated cls. (iv) to (ix) as (iii) to (viii), respectively.
    See Effective Date of 1983 Amendment note below.
      1980 - Subsec. (a)(1)(ix). Pub. L. 96-191 added cl. (ix).
      Subsec. (c)(2). Pub. L. 96-465 substituted "members of the
    Foreign Service whose pay is fixed under the Foreign Service Act of
    1980" for "employees in the Foreign Service of the United States
    whose pay is fixed under chapter 14 of title 22".
      1979 - Subsec. (a)(1)(vii). Pub. L. 96-70, Sec. 3302(e)(1),
    substituted "Commission" for "Company".
      Subsec. (c)(12). Pub. L. 96-70, Sec. 3302(e)(6), substituted
    provisions relating to any Executive agency to the extent of any
    election under section 1212(b)(2) of the Panama Canal Act of 1979
    for provisions relating to employees of an agency who are stationed
    in the Canal Zone or in the Republic of Panama.
      Subsec. (c)(23). Pub. L. 96-54 inserted "and Trademark" after
    "Patent".
      1978 - Subsec. (c)(5). Pub. L. 95-454, Sec. 801(a)(3)(D),
    substituted "5375" for "5365".
      Subsec. (c)(12)(B). Pub. L. 95-454, Sec. 906(a)(2), substituted
    "Office of Personnel Management" for "Civil Service Commission".
      1975 - Subsec. (c)(5). Pub. L. 94-183, Sec. 2(12), substituted
    "Executive Protective Service" for "White House Police".
      Subsec. (c)(9). Pub. L. 94-183, Sec. 2(13), substituted "305" for
    "40".
      1973 - Subsec. (b). Pub. L. 93-176 extended this chapter to
    include positions in local boards and appeal boards within the
    Selective Service System and employees occupying those positions.
      1970 - Subsec. (c)(1). Pub. L. 91-375 repealed provision
    declaring this chapter inapplicable to employees in the postal
    field service whose pay is fixed under chapter 45 of title 39.
      Subsec. (c)(4). Pub. L. 91-358 expanded reference to include
    chief judges, substituted reference to the Superior Court of the
    District of Columbia for references to the District of Columbia
    Court of General Sessions and the Juvenile Court of the District of
    Columbia, and provided that chapter not apply to nonjudicial
    employees of the District of Columbia court system whose pay is
    fixed under title 11 of the District of Columbia Code.
      1969 - Subsec. (c)(5). Pub. L. 91-34 extended provisions to
    include members of the National Zoological Park police force whose
    pay is fixed under section 5365 of this title.
      1968 - Subsec. (c). Pub. L. 90-610 inserted par. (27).

-CHANGE-
                              CHANGE OF NAME                          
      Reference to Executive Protective Service held to refer to United
    States Secret Service Uniformed Division pursuant to Pub. L. 95-
    179, set out as a note under section 3056a of Title 18, Crimes and
    Criminal Procedure.


-MISC3-
                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
    1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-
    113, set out as a note under section 1 of Title 35, Patents.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 1122(a)(1) of Pub. L. 104-201 effective Oct.
    1, 1996, see section 1124 of Pub. L. 104-201, set out as a note
    under section 193 of Title 10, Armed Forces.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 529 [title I, Secs. 101(b)(9)(F), 104(d)(1)]
    of 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, Sec. 305] of
    Pub. L. 101-509, set out as a note under section 5301 of this
    title.
      Amendment by section 529 [title I, Sec. 109(a)(2)] of Pub. L. 101-
    509 effective on first day of first applicable pay period
    beginning on or after the 30th day following Nov. 5, 1990, see
    section 529 [title I, Sec. 109(c)] of Pub. L. 101-509, set out as
    an Effective Date note under section 5378 of this title.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Amendment by Pub. L. 100-135 applicable with respect to pay
    periods beginning after Sept. 30, 1987, except that any pay
    increase for employees of Library of Congress, pursuant to such
    amendment, to be subject to appropriation and to be implemented in
    four approximately equal annual increments, so that pay parity with
    Capitol Police occurs beginning with first pay period beginning
    after Sept. 30, 1990, see section 3 of Pub. L. 100-135, set out as
    a note under section 167 of Title 2, The Congress.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of this title.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Pub. L. 97-468 effective on date of transfer of
    Alaska Railroad to the State [Jan. 5, 1985], pursuant to section
    1203 of Title 45, Railroads, see section 615(b) of Pub. L. 97-468.

                     EFFECTIVE DATE OF 1980 AMENDMENTS                 
      Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
    otherwise provided, see section 2403 of Pub. L. 96-465, set out as
    an Effective Date note under section 3901 of Title 22, Foreign
    Relations and Intercourse.
      Amendment by Pub. L. 96-191 effective Oct. 1, 1980, see section
    10(a) of Pub. L. 96-191.

                     EFFECTIVE DATE OF 1979 AMENDMENTS                 
      Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section
    3304 of Pub. L. 96-70, set out as an Effective Date note under
    section 3601 of Title 22, Foreign Relations and Intercourse.
      Amendment by Pub. L. 96-54 effective July 12, 1979, see section
    2(b) of Pub. L. 96-54, set out as a note under section 305 of this
    title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by section 801(a)(3)(D) of Pub. L. 95-454 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(2)(2) of 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 1973 AMENDMENT                 
      Amendment by Pub. L. 93-176 effective not later than beginning of
    first pay period which begins on or after 90th day following Dec.
    5, 1973, see section 4 of Pub. L. 93-176, set out as a note under
    section 460 of the Appendix to Title 50, War and National Defense.

                     EFFECTIVE DATE OF 1970 AMENDMENTS                 
      Amendment by Pub. L. 91-375 effective within 1 year after Aug.
    12, 1970, on date established therefor by Board of Governors of
    United States Postal Service and published by it in Federal
    Register, see section 15(a) of Pub. L. 91-375, set out as an
    Effective Date note preceding section 101 of Title 39, Postal
    Service.
      Amendment by Pub. L. 91-358 effective first day of seventh
    calendar month which begins after July 29, 1970, see section 199(a)
    of Pub. L. 91-358, set out as a note under section 1257 of Title
    28, Judiciary and Judicial Procedure.

                     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 Effective Date note under section
    5375 of this title.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-610 effective on first day of first pay
    period which begins on or after Oct. 21, 1968, see section 3 of
    Pub. L. 90-610, set out as a note under section 167 of Title 2, The
    Congress.

                     EFFECTIVE DATE OF 1967 AMENDMENT                 
      Section 9(h) of Pub. L. 90-83 provided that: "Section 1(3)
    [amending section 1305 of this title], (10) [amending section 3324
    of this title], (11) [amending this section], (12) [amending
    section 5108 of this title], (22) [enacting section 5534a of this
    title], (23) [amending the analysis for chapter 55 of this title],
    (83)(a) and (d) [amending section 8344 of this title], (89)
    [amending section 8521 of this title], (98) [amending section 902
    of this title], (99) [amending section 903 of this title], and
    (100) [amending section 8113 of this title] of this Act is
    effective as of September 6, 1966, for all purposes."

                                  REPEALS                              
      General repealer of provisions inconsistent with Pub. L. 92-392
    as not repealing or affecting subsec. (d) of this section, see
    section 13 of Pub. L. 92-392, Aug. 19, 1972, 86 Stat. 575, set out
    as a note under section 5341 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      For transfer of the functions, personnel, assets, and obligations
    of the United States Secret Service, including the functions of the
    Secretary of the Treasury relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

                   ABOLITION OF ATOMIC ENERGY COMMISSION               
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of Title 42, The Public Health and Welfare.
    See, also, Transfer of Functions notes set out under those
    sections.

                 DISSOLUTION OF VIRGIN ISLANDS CORPORATION             
      Virgin Islands Corporation established to have succession until
    June 30, 1969, unless sooner dissolved by Act of Congress, by act
    June 30, 1949, ch. 285, 63 Stat. 350, as amended (48 U.S.C. 1407 et
    seq.). Corporation terminated its program June 30, 1965, and
    dissolved July 1, 1966. Act June 30, 1949, was repealed by Pub. L.
    97-357, title III, Sec. 308(e), Oct. 19, 1982, 96 Stat. 1710.


-MISC4-
    CIVILIAN MEMBERS OF FACULTY OF AIR FORCE INSTITUTE OF TECHNOLOGY ON
                             NOVEMBER 8, 1985
      Section 504(c) of Pub. L. 99-145 provided that: "Section
    9314(b)(2) of title 10, United States Code (as added by subsection
    (a)(1)(B)), and section 5102(c)(28) of title 5, United States Code
    (as added by subsection (b)), shall not apply to any person who on
    the date of the enactment of this Act [Nov. 8, 1985] - 
        "(1) is a civilian member of the faculty of the United States
      Air Force Institute of Technology;
        "(2) is paid a rate of basic pay under the General Schedule;
      and
        "(3) elects, under procedures prescribed by the Secretary of
      the Air Force, to continue to be paid under the General
      Schedule."

     PROHIBITION OF DECREASE IN BASIC PAY RATE OF SUBSEC. (C)(7), (8),
                             OR (14) EMPLOYEES
      Amendments by Pub. L. 92-392 not to decrease basic pay rate of
    subsec. (c)(7), (8), or (14) employees in service before effective
    date of the amendments as to such employees, see section 9(a)(2) of
    Pub. L. 92-392, Aug. 19, 1972, 86 Stat. 574, set out as a note
    under section 5343 of this title.

                        REDUCTION OF BASIC PAY RATE                    
      Rate of basic pay not to be reduced by reason of the enactment 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.

-FOOTNOTE-               

    (!1) So in original. The word "or" probably should not appear.

    (!2) So in original. Subsec. (a)(1) does not contain a cl.
         (viii).

               

    (!3) So in original. The period probably should be a semicolon.


-End-



-CITE-
    5 USC Sec. 5103                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5103. Determination of applicability

-STATUTE-
      The Office of Personnel Management shall determine finally the
    applicability of section 5102 of this title to specific positions
    and employees, except for positions and employees in the Office of
    the Architect of the Capitol.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 446; Pub. L. 95-454, title
    IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 1083.           Oct. 28, 1949, ch. 782,     
                                              Sec. 203, 63 Stat. 956.    
                    5 U.S.C. 1084(c).        Oct. 28, 1949, ch. 782,     
                                              Sec. 204(c), 63 Stat. 957. 
                                             Sept. 1, 1954, ch. 1208,    
                                              Sec. 105(b), 68 Stat. 1106.
    --------------------------------------------------------------------

      Former sections 1083 and 1084(c) are combined and restated for
    clarity. The words "hereinafter referred to as the Commission" in
    former section 1083 are omitted as unnecessary. The exception from
    "section 1082 (except paragraph (7) thereof)" in former section
    1084(c) is carried into section 5102(d).
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

                                AMENDMENTS                            
      1978 - Pub. L. 95-454 substituted "Office of Personnel
    Management" for "Civil Service Commission".

                     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.

-End-



-CITE-
    5 USC Sec. 5104                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5104. Basis for grading positions

-STATUTE-
      The General Schedule, the symbol for which is "GS", is the basic
    pay schedule for positions to which this chapter applies. The
    General Schedule is divided into grades of difficulty and
    responsibility of work, as follows:
        (1) Grade GS-1 includes those classes of positions the duties
      of which are to perform, under immediate supervision, with little
      or no latitude for the exercise of independent judgment - 
          (A) the simplest routine work in office, business, or fiscal
        operations; or
          (B) elementary work of a subordinate technical character in a
        professional, scientific, or technical field.

        (2) Grade GS-2 includes those classes of positions the duties
      of which are - 
          (A) to perform, under immediate supervision, with limited
        latitude for the exercise of independent judgment, routine work
        in office, business, or fiscal operations, or comparable
        subordinate technical work of limited scope in a professional,
        scientific, or technical field, requiring some training or
        experience; or
          (B) to perform other work of equal importance, difficulty,
        and responsibility, and requiring comparable qualifications.

        (3) Grade GS-3 includes those classes of positions the duties
      of which are - 
          (A) to perform, under immediate or general supervision,
        somewhat difficult and responsible work in office, business, or
        fiscal operations, or comparable subordinate technical work of
        limited scope in a professional, scientific, or technical
        field, requiring in either case - 
            (i) some training or experience;
            (ii) working knowledge of a special subject matter; or
            (iii) to some extent the exercise of independent judgment
          in accordance with well-established policies, procedures, and
          techniques; or

          (B) to perform other work of equal importance, difficulty,
        and responsibility, and requiring comparable qualifications.

        (4) Grade GS-4 includes those classes of positions the duties
      of which are - 
          (A) to perform, under immediate or general supervision,
        moderately difficult and responsible work in office, business,
        or fiscal operations, or comparable subordinate technical work
        in a professional, scientific, or technical field, requiring in
        either case - 
            (i) a moderate amount of training and minor supervisory or
          other experience;
            (ii) good working knowledge of a special subject matter or
          a limited field of office, laboratory, engineering,
          scientific, or other procedure and practice; and
            (iii) the exercise of independent judgment in accordance
          with well-established policies, procedures, and techniques;
          or

          (B) to perform other work of equal importance, difficulty,
        and responsibility, and requiring comparable qualifications.

        (5) Grade GS-5 includes those classes of positions the duties
      of which are - 
          (A) to perform, under general supervision, difficult and
        responsible work in office, business, or fiscal administration,
        or comparable subordinate technical work in a professional,
        scientific, or technical field, requiring in either case - 
            (i) considerable training and supervisory or other
          experience;
            (ii) broad working knowledge of a special subject matter or
          of office, laboratory, engineering, scientific, or other
          procedure and practice; and
            (iii) the exercise of independent judgment in a limited
          field;

          (B) to perform, under immediate supervision, and with little
        opportunity for the exercise of independent judgment, simple
        and elementary work requiring professional, scientific, or
        technical training; or
          (C) to perform other work of equal importance, difficulty,
        and responsibility, and requiring comparable qualifications.

        (6) Grade GS-6 includes those classes of positions the duties
      of which are - 
          (A) to perform, under general supervision, difficult and
        responsible work in office, business, or fiscal administration,
        or comparable subordinate technical work in a professional,
        scientific, or technical field, requiring in either case - 
            (i) considerable training and supervisory or other
          experience;
            (ii) broad working knowledge of a special and complex
          subject matter, procedure, or practice, or of the principles
          of the profession, art, or science involved; and
            (iii) to a considerable extent the exercise of independent
          judgment; or

          (B) to perform other work of equal importance, difficulty,
        and responsibility, and requiring comparable qualifications.

        (7) Grade GS-7 includes those classes of positions the duties
      of which are - 
          (A) to perform, under general supervision, work of
        considerable difficulty and responsibility along special
        technical or supervisory lines in office, business, or fiscal
        administration, or comparable subordinate technical work in a
        professional, scientific, or technical field, requiring in
        either case - 
            (i) considerable specialized or supervisory training and
          experience;
            (ii) comprehensive working knowledge of a special and
          complex subject matter; procedure, or practice, or of the
          principles of the profession, art, or science involved; and
            (iii) to a considerable extent the exercise of independent
          judgment;

          (B) under immediate or general supervision, to perform
        somewhat difficult work requiring - 
            (i) professional, scientific, or technical training; and
            (ii) to a limited extent, the exercise of independent
          technical judgment; or

          (C) to perform other work of equal importance, difficulty,
        and responsibility, and requiring comparable qualifications.

        (8) Grade GS-8 includes those classes of positions the duties
      of which are - 
          (A) to perform, under general supervision, very difficult and
        responsible work along special technical or supervisory lines
        in office, business, or fiscal administration, requiring - 
            (i) considerable specialized or supervisory training and
          experience;
            (ii) comprehensive and thorough working knowledge of a
          specialized and complex subject matter, procedure, or
          practice, or of the principles of the profession, art, or
          science involved; and
            (iii) to a considerable extent the exercise of independent
          judgment; or

          (B) to perform other work of equal importance, difficulty,
        and responsibility, and requiring comparable qualifications.

        (9) Grade GS-9 includes those classes of positions the duties
      of which are - 
          (A) to perform, under general supervision, very difficult and
        responsible work along special technical, supervisory, or
        administrative lines in office, business, or fiscal
        administration, requiring - 
            (i) somewhat extended specialized training and considerable
          specialized, supervisory, or administrative experience which
          has demonstrated capacity for sound independent work;
            (ii) thorough and fundamental knowledge of a special and
          complex subject matter, or of the profession, art, or science
          involved; and
            (iii) considerable latitude for the exercise of independent
          judgment;

          (B) with considerable latitude for the exercise of
        independent judgment, to perform moderately difficult and
        responsible work, requiring - 
            (i) professional, scientific, or technical training
          equivalent to that represented by graduation from a college
          or university of recognized standing; and
            (ii) considerable additional professional, scientific, or
          technical training or experience which has demonstrated
          capacity for sound independent work; or

          (C) to perform other work of equal importance, difficulty,
        and responsibility, and requiring comparable qualifications.

        (10) Grade GS-10 includes those classes of positions the duties
      of which are - 
          (A) to perform, under general supervision, highly difficult
        and responsible work along special technical, supervisory, or
        administrative lines in office, business, or fiscal
        administration, requiring - 
            (i) somewhat extended specialized, supervisory, or
          administrative training and experience which has demonstrated
          capacity for sound independent work;
            (ii) thorough and fundamental knowledge of a specialized
          and complex subject matter, or of the profession, art, or
          science involved; and
            (iii) considerable latitude for the exercise of independent
          judgment; or

          (B) to perform other work of equal importance, difficulty,
        and responsibility, and requiring comparable qualifications.

        (11) Grade GS-11 includes those classes of positions the duties
      of which are - 
          (A) to perform, under general administrative supervision and
        with wide latitude for the exercise of independent judgment,
        work of marked difficulty and responsibility along special
        technical, supervisory, or administrative lines in office,
        business, or fiscal administration, requiring - 
            (i) extended specialized, supervisory, or administrative
          training and experience which has demonstrated important
          attainments and marked capacity for sound independent action
          or decision; and
            (ii) intimate grasp of a specialized and complex subject
          matter, or of the profession, art, or science involved, or of
          administrative work of marked difficulty;

          (B) with wide latitude for the exercise of independent
        judgment, to perform responsible work of considerable
        difficulty requiring somewhat extended professional,
        scientific, or technical training and experience which has
        demonstrated important attainments and marked capacity for
        independent work; or
          (C) to perform other work of equal importance, difficulty,
        and responsibility, and requiring comparable qualifications.

        (12) Grade GS-12 includes those classes of positions the duties
      of which are - 
          (A) to perform, under general administrative supervision,
        with wide latitude for the exercise of independent judgment,
        work of a very high order of difficulty and responsibility
        along special technical, supervisory, or administrative lines
        in office, business, or fiscal administration, requiring - 
            (i) extended specialized, supervisory, or administrative
          training and experience which has demonstrated leadership and
          attainments of a high order in specialized or administrative
          work; and
            (ii) intimate grasp of a specialized and complex subject
          matter or of the profession, art, or science involved;

          (B) under general administrative supervision, and with wide
        latitude for the exercise of independent judgment, to perform
        professional, scientific, or technical work of marked
        difficulty and responsibility requiring extended professional,
        scientific, or technical training and experience which has
        demonstrated leadership and attainments of a high order in
        professional, scientific, or technical research, practice, or
        administration; or
          (C) to perform other work of equal importance, difficulty,
        and responsibility, and requiring comparable qualifications.

        (13) Grade GS-13 includes those classes of positions the duties
      of which are - 
          (A) to perform, under administrative direction, with wide
        latitude for the exercise of independent judgment, work of
        unusual difficulty and responsibility along special technical,
        supervisory, or administrative lines, requiring extended
        specialized, supervisory, or administrative training and
        experience which has demonstrated leadership and marked
        attainments;
          (B) to serve as assistant head of a major organization
        involving work of comparable level within a bureau;
          (C) to perform, under administrative direction, with wide
        latitude for the exercise of independent judgment, work of
        unusual difficulty and responsibility requiring extended
        professional, scientific, or technical training and experience
        which has demonstrated leadership and marked attainments in
        professional, scientific, or technical research, practice, or
        administration; or
          (D) to perform other work of equal importance, difficulty,
        and responsibility, and requiring comparable qualifications.

        (14) Grade GS-14 includes those classes of positions the duties
      of which are - 
          (A) to perform, under general administrative direction, with
        wide latitude for the exercise of independent judgment, work of
        exceptional difficulty and responsibility along special
        technical, supervisory, or administrative lines which has
        demonstrated leadership and unusual attainments;
          (B) to serve as head of a major organization within a bureau
        involving work of comparable level;
          (C) to plan and direct or to plan and execute major
        professional, scientific, technical, administrative, fiscal, or
        other specialized programs, requiring extended training and
        experience which has demonstrated leadership and unusual
        attainments in professional, scientific, or technical research,
        practice, or administration, or in administrative, fiscal, or
        other specialized activities; or
          (D) to perform consulting or other professional, scientific,
        technical, administrative, fiscal, or other specialized work of
        equal importance, difficulty, and responsibility, and requiring
        comparable qualifications.

        (15) Grade GS-15 includes those classes of positions the duties
      of which are - 
          (A) to perform, under general administrative direction, with
        very wide latitude for the exercise of independent judgment,
        work of outstanding difficulty and responsibility along special
        technical, supervisory, or administrative lines which has
        demonstrated leadership and exceptional attainments;
          (B) to serve as head of a major organization within a bureau
        involving work of comparable level;
          (C) to plan and direct or to plan and execute specialized
        programs of marked difficulty, responsibility, and national
        significance, along professional, scientific, technical,
        administrative, fiscal, or other lines, requiring extended
        training and experience which has demonstrated leadership and
        unusual attainments in professional, scientific, or technical
        research, practice, or administration, or in administrative,
        fiscal, or other specialized activities; or
          (D) to perform consulting or other professional, scientific,
        technical, administrative, fiscal, or other specialized work of
        equal importance, difficulty, and responsibility, and requiring
        comparable qualifications.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 446; Pub. L. 101-509,
    title V, Sec. 529 [title I, Sec. 102(b)(1)], Nov. 5, 1990, 104
    Stat. 1427, 1443.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 1111.           Oct. 28, 1949, ch. 782,     
                                              Sec. 601, 63 Stat. 959.    
                                             Sept. 1, 1954, ch. 1208,    
                                              Sec. 107, 68 Stat. 1108.   
                    5 U.S.C. 1112.           Oct. 28, 1949, ch. 782,     
                                              Sec. 602, 63 Stat. 959.    
                                             Sept. 1, 1954, ch. 1208,    
                                              Sec. 108, 68 Stat. 1108.   
                                             June 20, 1958, Pub. L.      
                                              85-462, Sec. 13(a), 72     
                                              Stat. 214.                 
    --------------------------------------------------------------------

      Former sections 1111 and 1112 are combined and restated.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Schedule, referred to in text, is set out under
    section 5332 of this title.


-MISC2-
                                AMENDMENTS                            
      1990 - Pub. L. 101-509 struck out "18" before "grades" in
    introductory provisions and struck out pars. (16) to (18) which
    described grades GS-16 to GS-18.

                     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, Sec. 305] of Pub. L. 101-509, set out as a note under section
    5301 of this title.

                     JOB EVALUATION POLICY ACT OF 1970                 
      Pub. L. 91-216, May 17, 1970, 84 Stat. 72, provided: "That this
    Act may be cited as the 'Job Evaluation Policy Act of 1970'.

     "TITLE I - CONGRESSIONAL FINDINGS WITH RESPECT TO JOB EVALUATION
                    AND RANKING IN THE EXECUTIVE BRANCH
      "Sec. 101. The Congress hereby finds that - 
        "(1) the tremendous growth required in the activities of the
      Federal Government in order to meet the country's needs during
      the past several decades has led to the need for employees in an
      ever-increasing and changing variety of occupations and
      professions, many of which did not exist when the basic
      principles of job evaluation and ranking were established by the
      Classification Act of 1923 [Act Mar. 4, 1923, ch. 265, 42 Stat.
      1488]. The diverse and constantly changing nature of these
      occupations and professions requires that the Federal Government
      reassess its approach to job evaluation and ranking better to
      fulfill its role as an employer and assure efficient economical
      administration;
        "(2) the large number and variety of job evaluation and ranking
      systems in the executive branch have resulted in significant
      inequities in selection, promotion, and pay of employees in
      comparable positions among these systems;
        "(3) little effort has been made by Congress or the executive
      branch to consolidate or coordinate the various job evaluation
      and ranking systems, and there has been no progress toward the
      establishment of a coordinated system in which job evaluation and
      ranking, regardless of the methods used, is related to a unified
      set of principles providing coherence and equity throughout the
      executive branch;
        "(4) within the executive branch, there has been no significant
      study of, or experimentation with the several recognized methods
      of job evaluation and ranking to determine which of those methods
      are most appropriate for use and application to meet the present
      and future needs of the Federal Government; and
        "(5) notwithstanding the recommendations resulting from the
      various studies conducted during the last twenty years, the
      Federal Government has not taken the initiative to implement
      those recommendations with respect to the job evaluation and
      ranking systems within the executive branch, with the result that
      such systems have not, in many cases, been adapted or
      administered to meet the rapidly changing needs of the Federal
      Government.

                      "TITLE II - STATEMENT OF POLICY                  
      "Sec. 201. It is the sense of Congress that - 
        "(1) the executive branch shall, in the interest of equity,
      efficiency, and good administration, operate under a coordinated
      job evaluation and ranking system for all civilian positions, to
      the greatest extent practicable;
        "(2) the system shall be designed so as to utilize such methods
      of job evaluation and ranking as are appropriate for use in the
      executive branch, taking into account the various occupational
      categories of positions therein; and
        "(3) the United States Civil Service Commission shall be
      authorized to exercise general supervision and control over such
      a system.

     "TITLE III - PREPARATION OF A JOB EVALUATION AND RANKING PLAN BY
      THE CIVIL SERVICE COMMISSION AND REPORTS AND RECOMMENDATIONS TO
                                 CONGRESS
      "Sec. 301. The Civil Service Commission, through such
    organizational unit which it shall establish within the Commission
    and which shall report directly to the Commission, shall prepare a
    comprehensive plan for the establishment of a coordinated system of
    job evaluation and ranking for civilian positions, in the executive
    branch. The plan shall include, among other things - 
        "(1) provision for the establishment of a method or methods for
      evaluating jobs and alining them by level;
        "(2) a time schedule for the conversion of existing job
      evaluation and ranking systems into the coordinated system;
        "(3) provision that the Civil Service Commission shall have
      general supervision of and control over the coordinated job
      evaluation and ranking system, including, if the Commission deems
      it appropriate, the authority to approve or disapprove the
      adoption, use and administration in the executive branch of the
      method or methods established under that system;
        "(4) provision for the establishment of procedures for the
      periodic review by the Civil Service Commission of the
      effectiveness of the method or methods adopted for use under the
      system; and
        "(5) provision for maintenance of the system to meet the
      changing needs of the executive branch in the future.
      "Sec. 302. In carrying out its functions under section 301 of
    this Act, the Commission shall consider all recognized methods of
    job evaluation and ranking.
      "Sec. 303. The Civil Service Commission is authorized to secure
    directly from any executive agency, as defined by section 105 of
    title 5, United States Code, or any bureau, office, or part
    thereof, information, suggestions, estimates, statistics, and
    technical assistance for the purposes of this Act; and each such
    executive agency or bureau, office, or part thereof is authorized
    and directed to furnish such information, suggestions, estimates,
    statistics, and technical assistance directly to the Civil Service
    Commission upon request by the Commission.
      "Sec. 304. (a) Within one year after the date of enactment of
    this Act, the Commission shall submit to the President and the
    Congress an interim progress report on the current status and
    results of its activities under this Act, together with its current
    findings.
      "(b) Within two years after the date of enactment of this Act
    [Mar. 17, 1970] - 
        "(1) the Civil Service Commission shall complete its functions
      under this Act and shall transmit to the President a
      comprehensive report of the result of its activities, together
      with its recommendations (including its draft of proposed
      legislation to carry out such recommendations), and
        "(2) the President shall transmit that report (including the
      recommendations and draft of proposed legislation of the
      Commission) to the Congress, together with such recommendations
      as the President deems appropriate.
      "(c) The Commission shall submit to the Committees on Post Office
    and Civil Service of the Senate and House of Representatives once
    each calendar month, or at such other intervals as may be directed
    by those committees, or either of them, an interim progress report
    on the then current status and results of the activities of the
    Commission under this Act, together with the then current findings
    of the Commission.
      "(d) The Commission shall periodically consult with, and solicit
    the views of, appropriate employee and professional organizations.
      "(e) The organizational unit established under section 301 of
    this Act shall cease to exist upon the submission of the report to
    the Congress under subsection (b) of this section."

-End-



-CITE-
    5 USC Sec. 5105                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5105. Standards for classification of positions

-STATUTE-
      (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 agencies, on request of the Office, shall furnish
    information for and cooperate in the preparation of the standards.
    In the standards, which shall be published in such form as the
    Office may determine, the Office shall - 
        (1) define the various classes of positions in terms of duties,
      responsibilities, and qualification 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 standards.
      (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
    organizational or other titles for internal administration, public
    convenience, law enforcement, or similar purposes.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 452; Pub. L. 95-454, title
    IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 1094.           Oct. 28, 1949, ch. 782,     
                                              Sec. 401, 63 Stat. 957.    
    --------------------------------------------------------------------

      The section is restated for clarity.
      In subsection (b), the requirement that the Commission keep the
    standards up to date is omitted as included 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 definitions
    applicable and the style of this title as outlined in the preface
    to the report.

                                AMENDMENTS                            
      1978 - Subsecs. (a), (b). Pub. L. 95-454 substituted "Office of
    Personnel Management" and "Office" for "Civil Service Commission"
    and "Commission", respectively, wherever appearing.

                     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.

-End-



-CITE-
    5 USC Sec. 5106                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5106. Basis for classifying positions

-STATUTE-
      (a) Each position shall be placed in its appropriate class. The
    basis for determining the appropriate 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 appropriate grade. The
    basis for determining the appropriate grade is the level of
    difficulty, responsibility, 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 supervised, the degree and scope
    of responsibility delegated to the supervisor, and the kind,
    degree, and character of the supervision exercised.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 453.)

-MISC1-



                       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,     
                                              Sec. 302, 63 Stat. 957.    
    (c)             5 U.S.C. 1093.           Oct. 28, 1949, ch. 782,     
                                              Sec. 303, 63 Stat. 957.    
    --------------------------------------------------------------------

      In subsection (c), the prohibition is restated in positive 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 definitions
    applicable and the style of this title as outlined in the preface
    to the report.

-End-



-CITE-
    5 USC Sec. 5107                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5107. Classification of positions

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 453; Pub. L. 95-454, title
    VIII, Sec. 801(a)(3)(E), title IX, Sec. 906(a)(2), (3), Oct. 13,
    1978, 92 Stat. 1222, 1224.)

-MISC1-



                       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,     
                                              Sec. 502(a), 63 Stat. 958. 
    --------------------------------------------------------------------

      The words "to which this chapter applies" are omitted as
    unnecessary in view of section 5102. The words "Subject to section
    5337 of this title" are added to reflect the qualification imposed
    by that section.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

                                AMENDMENTS                            
      1978 - Pub. L. 95-454 substituted "Office of Personnel
    Management" for "Civil Service Commission", "Office" for
    "Commission", and "subchapter VI of chapter 53" for "section 5337".

                     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 Management for
    reference to Civil Service Commission, 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.

-End-



-CITE-
    5 USC Sec. 5108                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5108. Classification of positions above GS-15

-STATUTE-
      (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 (including requiring
      agencies, where necessary in the judgment of the Office, to
      obtain the prior approval of the Office) 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
    Enforcement Administration Senior Executive Service.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 453; Pub. L. 89-632, Sec.
    1(a)-(d), Oct. 8, 1966, 80 Stat. 878; Pub. L. 90-83, Sec. 1(12),
    Sept. 11, 1967, 81 Stat. 197; Pub. L. 91-187, Sec. 1, Dec. 30,
    1969, 83 Stat. 850; Pub. L. 91-206, Sec. 5(a), Mar. 10, 1970, 84
    Stat. 51; Pub. L. 91-596, Sec. 30, Dec. 29, 1970, 84 Stat. 1619;
    Pub. L. 91-644, title I, Sec. 11, Jan. 2, 1971, 84 Stat. 1889; Pub.
    L. 91-656, Sec. 9, Jan. 8, 1971, 84 Stat. 1955; Pub. L. 91-261,
    Sec. 12, Mar. 24, 1972, 86 Stat. 112; Pub. L. 90-351, title I, Sec.
    506(c), as added Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211;
    Pub. L. 93-282, title III, Sec. 301, May 14, 1974, 88 Stat. 137;
    Pub. L. 93-406, title I, Sec. 507(b), title II, Sec. 1051(b)(2),
    title IV, Sec. 4002(c), Sept. 2, 1974, 88 Stat. 894, 951, 1005;
    Pub. L. 93-415, title II, Sec. 201(g), Sept. 7, 1974, 88 Stat.
    1113; Pub. L. 93-463, title IV, Sec. 410, Oct. 23, 1974, 88 Stat.
    1414; Pub. L. 93-516, title II, Sec. 208(b), Dec. 7, 1974, 88 Stat.
    1629; Pub. L. 93-651, title II, Sec. 208(b), Nov. 21, 1974, 89
    Stat. 2-14; Pub. L. 94-183, Sec. 2(14), (15), Dec. 31, 1975, 89
    Stat. 1057; Pub. L. 94-233, Sec. 13, Mar. 15, 1976, 90 Stat. 233;
    Pub. L. 94-503, title II, Sec. 202(a), Oct. 15, 1976, 90 Stat.
    2426; Pub. L. 95-91, title VII, Sec. 710(b), Aug. 4, 1977, 91 Stat.
    609; Pub. L. 95-190, Sec. 11(a), Nov. 16, 1977, 91 Stat. 1398; Pub.
    L. 95-219, Sec. 3(c), Dec. 28, 1977, 91 Stat. 1614; Pub. L. 95-251,
    Sec. 1, Mar. 27, 1978, 92 Stat. 183; Pub. L. 95-454, title IV, Sec.
    414(a)(1)(A), (C), (D), Oct. 13, 1978, 92 Stat. 1177; Pub. L. 95-
    486, Sec. 10, Oct. 20, 1978, 92 Stat. 1634; Pub. L. 95-563, Sec.
    14(g), Nov. 1, 1978, 92 Stat. 2390; Pub. L. 95-612, Sec. 3(b), Nov.
    8, 1978, 92 Stat. 3091; Pub. L. 95-624, Sec. 22, Nov. 9, 1978, 92
    Stat. 3466; Pub. L. 95-630, title V, Sec. 502(c), Nov. 10, 1978, 92
    Stat. 3681; Pub. L. 96-54, Sec. 2(a)(23), Aug. 14, 1979, 93 Stat.
    382; Pub. L. 96-191, Sec. 8(c), Feb. 15, 1980, 94 Stat. 33; Pub. L.
    100-325, Sec. 2(g), May 30, 1988, 102 Stat. 581; Pub. L. 100-702,
    title I, Sec. 104(c)(2), Nov. 19, 1988, 102 Stat. 4645; Pub. L. 101-
    474, Sec. 5(i), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101-509,
    title V, Sec. 529 [title I, Sec. 102(b)(2)], Nov. 5, 1990, 104
    Stat. 1427, 1443; Pub. L. 102-378, Sec. 2(23), Oct. 2, 1992, 106
    Stat. 1348.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1966 ACT                             
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
    (a), (b),       5 U.S.C.                 Oct. 28, 1949, ch. 782,     
     (c)             1105(a)-(h), (j)-(l).     Sec. 505, 63 Stat. 959.    
     (1)-(7),                                                            
     (d).                                                                
                                             Sept. 1, 1954, ch. 1208,    
                                              Sec. 101(a), 68 Stat. 1105.
                                             June 28, 1955, ch. 189,     
                                              Sec. 12(a), 69 Stat. 179.  
                                             July 31, 1956, ch. 804,     
                                              Sec. 502, 70 Stat. 762.    
                                             Aug. 14, 1957, Pub. L.      
                                              85-136, 71 Stat. 352.      
                                             June 20, 1958, Pub. L.      
                                              85-462, Secs. 10 (less     
                                              "(i)"), 11, 72 Stat. 213,  
                                              213A.                      
                                             Sept. 23, 1959, Pub. L.     
                                              86-370, Sec. 2(a), (b), 73 
                                              Stat. 650.                 
                                             Sept. 23, 1959, Pub. L.     
                                              86-377, Sec. 1(a), 73 Stat.
                                              700.                       
                                             July 1, 1960, Pub. L.       
                                              86-568, Sec. 203, 74 Stat. 
                                              305.                       
                                             Sept. 26, 1961, Pub. L.     
                                              87-322, Sec. 1, 75 Stat.   
                                              685.                       
                                             Oct. 4, 1961, Pub. L.       
                                              87-367, Secs. 102(a), (b), 
                                              103(1), 75 Stat. 786, 787. 
                                             Oct. 11, 1962, Pub. L.      
                                              87-793, Sec. 606, 76 Stat. 
                                              848.                       
                                             Aug. 14, 1964, Pub. L.      
                                              88-426, Sec. 103(b), 78    
                                              Stat. 402.                 
    (c)(8)          5 U.S.C. 298a.           July 7, 1955, ch. 279, Sec. 
                                              201 (2d proviso on p. 273),
                                              69 Stat. 273.              
                                             Oct. 11, 1962, Pub. L.      
                                              87-793, Sec. 607(b), 76    
                                              Stat. 850.                 
    (c)(9)          45 U.S.C. 228j(b)(4)     Sept. 6, 1958, Pub. L.      
                     (4th sentence).          85-927, Sec. 3, 72 Stat.   
                                              1781.                      
    --------------------------------------------------------------------

      The section is reorganized for clarity.
      In subsection (a)(2), the date "October 4, 1961" is substituted
    for "the date of enactment of this subparagraph".
      Subsection (c)(6) is added on authority of section 302 of the Act
    of July 29, 1958, Pub. L. 85-568, 72 Stat. 433, 42 U.S.C. 2453, and
    Transfer Plan, effective March 15, 1960, 25 F.R. 2151, section 2(c)
    of which in effect transferred from the Department of Defense to
    the National Aeronautics and Space Administration 5 of the 372
    positions authorized to be placed in GS-16, 17, and 18 pursuant to
    section 1(a) of the Act of Sept. 23, 1959, Pub. L. 86-377, 73 Stat.
    700.
      In subsection (c)(8), the words "on and after July 7, 1955" are
    omitted as obsolete.
      In subsection (d), the words "subsequent to February 1, 1958" are
    omitted as obsolete and the words "of the Government" are omitted
    as unnecessary.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

                                 1967 ACT                             
      The amendment to 5 U.S.C. 5108(c)(5) corrects a typographical
    error and conforms to the source law (act of October 11, 1962,
    Public Law 87-793, section 606(b), 76 Stat. 849; former 5 U.S.C.
    1105(j)).

                                AMENDMENTS                            
      1992 - Subsec. (a)(2). Pub. L. 102-378 substituted a period for
    semicolon at end.
      1990 - Pub. L. 101-509 amended section generally, substituting
    provisions relating to classification of positions above GS-15,
    consisting of subsecs. (a) and (b), for provisions relating to
    classification of provisions at GS-16, 17, and 18, consisting of
    subsecs. (a) to (c).
      Subsec. (c). Pub. L. 101-474 redesignated pars. (2) and (3) as
    (1) and (2), respectively, and struck out former par. (1), which
    read as follows: "the Director of the Administrative Office of the
    United States Courts, subject to the standards and procedures
    prescribed by this chapter, may place a total of 17 positions in GS-
    16, 17, and 18; and".
      1988 - Subsec. (a). Pub. L. 100-325 added cl. (iii) and
    substituted "the Federal Bureau of Investigation and Drug
    Enforcement Administration Senior Executive Service" for "GS-16,
    17, and 18 in the Federal Bureau of Investigation" in last
    sentence.
      Subsec. (c)(1). Pub. L. 100-702 substituted "17 positions" for
    "15 positions".
      1980 - Subsec. (c). Pub. L. 96-191 struck out par. (1) which
    authorized Comptroller General, subject to procedures prescribed by
    this section, to place a total of 90 positions in General
    Accounting Office in GS-16, 17, and 18, and redesignated pars. (2)
    to (4) as (1) to (3), respectively.
      1979 - Subsec. (c)(4), (17). Pub. L. 96-54 redesignated par.
    (17), relating to executive departments or agencies in which boards
    of contracts appeals are established, as par. (4).
      1978 - Subsec. (a). Pub. L. 95-630 substituted "3,310" for
    "3,301".
      Pub. L. 95-612 substituted "3362" for "3301".
      Pub. L. 95-454, Sec. 414(a)(1)(C), substituted provisions
    authorizing Director of Office of Personnel Management to establish
    the maximum number of positions, not to exceed 10,777, which may be
    placed in GS-16, 17, and 18, and the Senior Executive Service and
    to place positions in GS-16, 17, or 18, and requiring the President
    to carry out the Director's authority for proposed positions in the
    Federal Bureau of Investigation for provisions authorizing a
    majority of the Civil Service Commissioners to establish the
    maximum number of positions, not to exceed 3362 (in addition to
    certain specified positions), which may be placed in GS-16, 17, and
    18, placing a percentage limitation on the number of positions
    placed in GS-17 and 18, and requiring the approval of a majority of
    the Commissioners to place positions in GS-16, 17, or 18.
      Pub. L. 95-251 substituted "340 administrative law judge" for
    "240 hearing examiner".
      Subsec. (c)(2). Pub. L. 95-454, Sec. 414(a)(1)(A)(i), (D)(i),
    redesignated par. (3), relating to the Director of the
    Administrative Office of the United States, as (2) and repealed
    former par. (2) relating to the Federal Bureau of Investigation.
      Subsec. (c)(3). Pub. L. 95-486 inserted provision subjecting the
    Director of the Administrative Office of the United States Courts
    to the standards and procedures prescribed by this chapter and
    substituted provision authorizing placement of 15 positions in GS-
    16, 17, and 18 for provision authorizing placement of 4 positions
    in GS-17.
      Pub. L. 95-454, Sec. 414(a)(1)(D), redesignated par. (12),
    relating to the Chief Judge of the United States Tax Court, as par.
    (3). Former par. (3) redesignated (2).
      Subsec. (c)(4) to (11). Pub. L. 95-454, Sec. 414(a)(1)(A)(i),
    repealed par. (4) relating to the Commissioner of Immigration and
    Naturalization, par. (5) relating to the Secretary of Defense, par.
    (6) relating to the Administrator of the National Aeronautics and
    Space Administration, pars. (7) and (8) relating to the Attorney
    General, par. (9) relating to the Railroad Retirement Board, par.
    (10) relating to the Secretary of Labor and the Occupational Safety
    and Health Review Commission, and par. (11) relating to the Law
    Enforcement Assistance Administration.
      Subsec. (c)(8). Pub. L. 95-624 substituted "45" for "32".
      Subsec. (c)(12). Pub. L. 95-454, Sec. 414(a)(1)(D)(i),
    redesignated par. (12) relating to the Chief Judge of the United
    States Tax Court, as (3).
      Subsec. (c)(13) to (16). Pub. L. 95-454, Sec. 414(a)(1)(A)(i),
    repealed par. (13) relating to the Commodity Futures Trading
    Commission, par. (14) relating to the Secretary of Health,
    Education, and Welfare, par. (15) relating to the Chairman of the
    Equal Employment Opportunity Commission, and par. (16) relating to
    the Secretary of Health, Education, and Welfare.
      Subsec. (c)(17). Pub. L. 95-563 added par. (17).
      Subsec. (d). Pub. L. 95-454, Sec. 414(a)(1)(A)(ii), repealed
    subsec. (d) which provided the order for reducing the positions
    authorized to be placed in grades GS-16, 17, and 18 under this
    section when a general authorization statute authorized additional
    positions in these grades.
      Subsec. (e). Pub. L. 95-454, Sec. 414(a)(1)(A)(ii), repealed
    subsec. (e) which authorized Commissioner of Internal Revenue to
    place 20 additional positions in grades GS-16 and 17.
      Subsec. (f). Pub. L. 95-454, Sec. 414(a)(1)(A)(ii), repealed
    subsec. (f) which authorized Secretary of Labor to place additional
    positions in grades GS-16, 17, and 18.
      Subsec. (g). Pub. L. 95-454, Sec. 414(a)(1)(A)(ii), repealed
    subsec. (g) which authorized Pension Benefit Guaranty Corporation
    to place additional positions in grades GS-16, 17, and 18.
      1977 - Subsec. (a). Pub. L. 95-219 substituted "3301" for "3293".
      Pub. L. 95-190 substituted "3293" for "3243".
      Pub. L. 95-91 substituted "3243" for "2754".
      1976 - Subsec. (c)(7). Pub. L. 94-233 restructured provisions
    and, as restructured, deleted authority relating to 8 positions of
    Member of the Board of Parole in GS-17.
      Subsec. (c)(8). Pub. L. 94-503 substituted provision that the
    Attorney General, without regard to any other provision of this
    section, may place a total of 32 positions in GS-16, 17, and 18 for
    provision that the Attorney General, without regard to this chapter
    (except section 5114), may place 1 position in GS-16.
      1975 - Subsec. (c)(11). Pub. L. 94-183, Sec. 2(14), increased to
    twenty-five the number of positions which the Law Enforcement
    Assistance Administration may place in GS-16, 17, and 18. The
    increase required no change in text in view of the 1974 amendment
    by Pub. L. 93-415, which called for an identical increase.
      Subsec. (c)(13) to (16). Pub. L. 94-183, Sec. 2(15), redesignated
    par. (12) relating to the Commodity Futures Trading Commission,
    par. (12) relating to the Secretary of Health, Education, and
    Welfare and the Office for the Blind and Visually Handicapped of
    the Rehabilitation Services Administration, par. (13) relating to
    the Chairman of the Equal Employment Opportunity Commission, and
    par. (14) relating to the Secretary of Health, Education, and
    Welfare and the National Institute on Alcohol Abuse and Alcoholism,
    as pars. (13) to (16), respectively.
      1974 - Subsec. (c)(11). Pub. L. 93-415 increased from twenty-two
    to twenty-five the number of positions which the Law Enforcement
    Assistance Administration may place in GS-16, 17, and 18. Amendment
    has been executed to subsec. (c)(11) as the probable intent of
    Congress notwithstanding direction in section 210 (g) of Pub. L. 93-
    415 that the amendment be executed to subsec. (c) (10).
      Subsec. (c)(11) to (14). Pub. L. 93-282 redesignated par. (10)
    relating to Law Enforcement Assistance Administration, par. (10)
    relating to Chief Judge of the United States Tax Court, par. (11)
    relating to Chairman of the Equal Employment Opportunity
    Commission, as pars. (11) to (13), respectively, and added par.
    (14) relating to GS-16, 17, and 18 positions in the National
    Institute on Alcohol Abuse and Alcoholism.
      Subsec. (c)(12). Pub. L. 93-651 and Pub. L. 93-516 amended
    section identically, adding par. (12) relating to Secretary of
    Health, Education, and Welfare and the Office for the Blind and
    Visually Handicapped of the Rehabilitation Services Administration.
      Subsec. (c)(12). Pub. L. 93-463 added par. (12) relating to
    Commodity Futures Trading Commission.
      Subsec. (e). Pub. L. 93-406, Sec. 1051(b)(2), added subsec. (e).
      Subsec. (f). Pub. L. 93-406, Sec. 507(b), added subsec. (f).
      Subsec. (g). Pub. L. 93-406, Sec. 4002(c), added subsec. (g).
      1973 - Subsec. (c)(10). Pub. L. 93-83 substituted in par. (10) as
    added by Pub. L. 91-644 "twenty-two" for "twenty".
      1972 - Subsec. (c). Pub. L. 92-261 added par. (11).
      1971 - Subsec. (a). Pub. L. 91-656, Sec. 9(b), substituted
    "2,754" for "2,734".
      Subsec. (c)(10). Pub. L. 91-656, Sec. 9(a), added par. (10)
    relating to Chief Judge of the United States Tax Court.
      Pub. L. 91-644 added par. (10) relating to Law Enforcement
    Assistance Administration.
      1970 - Subsec. (a). Pub. L. 91-206 substituted "2,734" for
    "2,727".
      Subsec. (c)(10). Pub. L. 91-596 added par. (10) relating to
    positions in the Department of Labor.
      1969 - Subsec. (a). Pub. L. 91-187, Sec. 1(a), substituted
    "2,727" for "2,577".
      Subsec. (b)(2). Pub. L. 91-187, Sec. 1(b), increased number of
    positions in Library of Congress from 28 to 44.
      Subsec. (c)(1). Pub. L. 91-187, Sec. 1(c), increased number of
    positions in GAO from 64 to 90.
      Subsec. (c)(2). Pub. L. 91-187, Sec. 1(d), increased number of
    positions in FBI from 110 to 140.
      1966 - Subsec. (a). Pub. L. 89-632, Sec. 1(a), increased number
    of positions authorized to be established from 2,400 to 2,577,
    struck out cl. (1) designation preceding the provision limiting
    number of positions to be placed in GS-17 and GS-18, and struck out
    cls. (2) to (5), which made positions available only for allocation
    as follows: 50, with Presidential approval, for an agency or
    function created after Oct. 4, 1961, 14 to the United States Arms
    Control and Disarmament Agency, 6 to the Immigration and
    Naturalization Service, and 4 to the Federal Home Loan Bank Board,
    respectively.
      Subsec. (b). Pub. L. 89-632, Sec. 1(b), designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (c)(1). Public L. 89-632, Sec. 1(c), increased number of
    positions in GAO from 39 to 64.
      Subsec. (c)(2). Pub. L. 89-632, Sec. 1(d), increased number of
    positions in FBI from 75 to 110.

                     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, Sec. 305] of Pub. L. 101-509, set out as a note under section
    5301 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Pub. L. 100-702, title I, Sec. 109, Nov. 19, 1988, 102 Stat.
    4645, provided that: "This title [amending this section] shall
    become effective on January 1, 1989."

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-191 effective Oct. 1, 1980, see section
    10(a) of Pub. L. 96-191.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-54 effective July 12, 1979, see section
    2(b) of Pub. L. 96-54, set out as a note under section 305 of this
    title.

                     EFFECTIVE DATE OF 1978 AMENDMENTS                 
      Amendment by Pub. L. 95-630 effective on expiration of 120 days
    after Nov. 10, 1978, see section 509 of Pub. L. 95-630, set out as
    a note under section 1752 of Title 12, Banks and Banking.
      Amendment by Pub. L. 95-612 effective Oct. 1, 1978, or some later
    date related to availability of funds under appropriation acts
    authorized by appropriations authorization, see section 7 of Pub.
    L. 95-612, set out as a note under section 276c-2 of Title 22,
    Foreign Relations and Intercourse.
      Amendment by Pub. L. 95-563 effective with respect to contracts
    entered into 120 days after Nov. 1, 1978 and, at the election of
    the contractor, with respect to any claim pending at such time
    before the contracting officer or initiated thereafter, see section
    16 of Pub. L. 95-563, set out as an Effective Date note under
    section 601 of Title 41, Public Contracts.
       Amendment by Pub. L. 95-454 effective 180 days after Oct. 13,
    1978, see section 415(a)(3) of Pub. L. 95-454, set out as an
    Effective Date note under section 3131 of this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-233 effective on sixtieth day following
    Mar. 15, 1976, see section 16(b) of Pub. L. 94-233, set out as an
    Effective Date note under section 4201 of Title 18, Crimes and
    Criminal Procedure.

                     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, set out as an Effective Date note under
    section 5601 of Title 42, The Public Health and Welfare.
      Amendment by Pub. L. 93-406, Sec. 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, Sec. 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, Sec. 3(b), Nov. 8, 1978, 92 Stat. 3091, cited as
    a credit to this section, was repealed by Pub. L. 97-258, Sec.
    5(b), Sept. 13, 1982, 96 Stat. 1068.

         ADDITIONAL GS-16, GS-17, AND GS-18 POSITIONS; SOURCE FOR
     APPOINTMENTS; ELIGIBILITY OF APPOINTEES; TERMINATION OF AUTHORITY
        ON LEAVING POSITIONS; DETERMINATION OF AGGREGATE NUMBER OF
             POSITIONS AUTHORIZED FOR PLACEMENT IN SUCH GRADES
      Pub. L. 95-612, Sec. 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, Sec. 5(b), Sept. 13,
    1982, 96 Stat. 1068.

    TERMINATION OF AUTHORITY TO PLACE POSITIONS IN GS-16, 17, OR 18 OF
                           THE GENERAL SCHEDULE
      Section 414(a)(1)(B) of Pub. L. 95-454 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 section 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 OCTOBER 12, 1978
      Section 414(a)(3) of Pub. L. 95-454 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 positions 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 subparagraph (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 specified sections of this title,
    see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set
    out in a note under section 5376 of this title.]

          ADDITIONAL POSITIONS IN OFFICE OF MANAGEMENT AND BUDGET      
      Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 94, authorizing 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 section 5108 of this title, was repealed by Pub. L.
    97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068.

               PREFERENCE TO BLIND IN SELECTION OF PERSONNEL           
      Preference to be given to blind individuals in selection 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.

-End-



-CITE-
    5 USC Sec. 5109                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5109. Positions classified by statute

-STATUTE-
      (a) The position held by an employee of the Department of
    Agriculture while he, under section 450d of title 7, 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 Department of Transportation shall
    be classified in accordance with this chapter, but not lower than
    GS-12.
      (2) The position held by a railroad safety specialist of the
    Department shall be classified in accordance with this chapter, but
    not lower than GS-13.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 455; Pub. L. 91-34, Sec.
    2(b), June 30, 1969, 83 Stat. 41; Pub. L. 93-406, title II, Sec.
    1051(b)(1), Sept. 2, 1974, 88 Stat. 951; Pub. L. 95-454, title IX,
    Sec. 906(b), Oct. 13, 1978, 92 Stat. 1226; Pub. L. 99-514, Sec. 2,
    Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-509, title V, Sec. 529
    [title I, Sec. 101(b)(9)(G)], Nov. 5, 1990, 104 Stat. 1427, 1441;
    Pub. L. 103-272, Sec. 4(b)(1), July 5, 1994, 108 Stat. 1361; Pub.
    L. 105-206, title I, Sec. 1102(e)(2), July 22, 1998, 112 Stat.
    704.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
    (a)             5 U.S.C. 516b (3d        Apr. 4, 1940, ch. 75, Sec.  
                     sentence).               2 (3d sentence), 54 Stat.  
                                              81.                        
    (b)             5 U.S.C. 3013(a)         Sept. 28, 1959, Pub. L.     
                     (10th through 24th       86-382, Sec. 14(a) (10th   
                     words of 1st             through 24th words of 1st  
                     sentence, and 2d         sentence, and 2d sentence),
                     sentence).               73 Stat. 716.              
    (c)             40 U.S.C. 193w.          Sept. 23, 1959, Pub. L.     
                                              86-379, Sec. 1, 73 Stat.   
                                              702.                       
    --------------------------------------------------------------------

      In subsection (a), the words "section 450d of title 7" are
    substituted for "this section" to reflect the scheduled 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 definitions
    applicable and the style of this title as outlined in the preface
    to the report.

                                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 employee 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 addition 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, Sec. 906(b),
    redesignated subsec. (c) as (b). Former subsec. (b), which related
    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.

                     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, Sec. 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 Effective Date note under section
    5375 of this title.

                        REDUCTION OF BASIC PAY RATE                    
      Rate of basic pay not to be reduced by reason of enactment 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.

-End-



-CITE-
    5 USC Sec. 5110                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5110. Review of classification of positions

-STATUTE-
      (a) The Office of Personnel Management, from time to time, shall
    review such number of positions in each agency as will enable the
    Office to determine whether the agency is placing positions 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 published 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 appropriate officials of the agency concerned, place the
    position in its appropriate class and grade and shall certify this
    action to the agency. The agency shall act in accordance with the
    certificate, and the certificate is binding on all administrative,
    certifying, payroll, disbursing, and accounting officials.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 455; Pub. L. 95-454, title
    IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-



                       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,     
                                              Sec. 502(b), 63 Stat. 958. 
    (b)             5 U.S.C. 1103.           Oct. 28, 1949, ch. 782,     
                                              Sec. 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 "administrative, 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
    "officer" and "employee".
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

                                AMENDMENTS                            
      1978 - Subsecs. (a), (b). Pub. L. 95-454 substituted "Office of
    Personnel Management" and "Office" for "Civil Service Commission"
    and "Commission", respectively.

                     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.

-End-



-CITE-
    5 USC Sec. 5111                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5111. Revocation and restoration of authority to classify
      positions

-STATUTE-
      (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
    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.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 455; Pub. L. 95-454, title
    IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 1104.           Oct. 28, 1949, ch. 782,     
                                              Sec. 504, 63 Stat. 959.    
    --------------------------------------------------------------------

      In subsection (a), the words "in whole or in part" are omitted as
    unnecessary in view of the specific authority to limit the
    revocation or suspension. The words "The Commission may limit the
    revocation or suspension to" are substituted for "Such revocations
    or suspensions may be limited, in the discretion of the Commission,
    to" to eliminate redundancy.
      In subsection (b), the words "After revocation or suspension" are
    substituted for "After all or part of the authority of the
    department has been revoked or suspended". The words "may restore"
    are substituted for "may at any time restore" to eliminate
    redundancy.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

                                AMENDMENTS                            
      1978 - Subsecs. (a), (b). Pub. L. 95-454 substituted "Office of
    Personnel Management" and "Office" for "Civil Service Commission"
    and "Commission", respectively, wherever appearing.

                     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.

-End-



-CITE-
    5 USC Sec. 5112                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5112. General authority of the Office of Personnel Management

-STATUTE-
      (a) Notwithstanding section 5107 of this title, the Office of
    Personnel Management may - 
        (1) ascertain currently the facts as to the duties,
      responsibilities, and qualification requirements 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 appropriate class and
      grade; and
        (4) change a position from one class or grade to another class
      or grade when the facts warrant.

    The Office shall certify to the agency concerned its action under
    paragraph (2) or (4) of this subsection. The agency shall act in
    accordance with the certificate, and the certificate is binding on
    all administrative, certifying, payroll, disbursing, and accounting
    officials.
      (b) An employee affected or an agency may request 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.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 456; Pub. L. 95-454, title
    IX, Sec. 906(a)(2), (3), (17), Oct. 13, 1978, 92 Stat. 1224, 1226.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 1101.           Oct. 28, 1949, ch. 782,     
                                              Sec. 501, 63 Stat. 958.    
    --------------------------------------------------------------------

      In subsection (a), the words "which may be exercised at any time
    in its discretion" are omitted as redundant. The words "is binding
    on all administrative, certifying, payroll, disbursing, and
    accounting officials" are substituted for "shall be binding on all
    administrative, certifying, payroll, disbursing, and accounting
    officers of the Government" to preserve the application to members
    of the uniformed services.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

                                AMENDMENTS                            
      1978 - Pub. L. 95-454, Sec. 906(a)(17), substituted "Office of
    Personnel Management" for "Civil Service Commission" in section
    catchline.
      Subsecs. (a), (b). Pub. L. 95-454, Sec. 906(a)(2), (3),
    substituted "Office of Personnel Management" and "Office" for
    "Civil Service Commission" and "Commission", respectively, wherever
    appearing.

                     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.

-End-



-CITE-
    5 USC Sec. 5113                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5113. Classification records

-STATUTE-
      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 responsibilities of positions and information as to
      the reasons for placing a position in a class or grade.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 456; Pub. L. 95-454, title
    IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 1106.           Oct. 28, 1949, ch. 782,     
                                              Sec. 506, 63 Stat. 959.    
    --------------------------------------------------------------------

      In paragraph (1), the words "to which this chapter applies" are
    omitted as unnecessary in view of section 5102.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

                                AMENDMENTS                            
      1978 - Pub. L. 95-454 substituted "Office of Personnel
    Management" for "Civil Service Commission".

                     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.

-End-



-CITE-
    5 USC Sec. 5114                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5114. Repealed.

-MISC1-
    [Sec. 5114. Repealed. Pub. L. 99-386, title I, Sec. 110(a), Aug.
      22, 1986, 100 Stat. 822].
      Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 456; Pub. L. 95-
    454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224,
    related to reports to Congress on positions in GS-16, 17, and 18.

-End-



-CITE-
    5 USC Sec. 5115                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart D - Pay and Allowances
    CHAPTER 51 - CLASSIFICATION

-HEAD-
    Sec. 5115. Regulations

-STATUTE-
      The Office of Personnel Management may prescribe regulations
    necessary for the administration of this chapter, except sections
    5109 and 5114.(!1)


-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 457; Pub. L. 95-454, title
    IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 1072.           Oct. 28, 1949, ch. 782,     
                                              Sec. 1101, 63 Stat. 971.   
                    5 U.S.C. 1072a.          Sept. 1, 1954, ch. 1208,    
                                              Sec. 113, 68 Stat. 1108.   
    --------------------------------------------------------------------

      Former sections 1072 and 1072a are combined and restated for
    clarity. The remainder of the authority is carried into sections
    3324, 5338, and 7154.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5114, referred to in text, was repealed by Pub. L. 99-
    386, title I, Sec. 110(a), Aug. 22, 1986, 100 Stat. 822.


-MISC2-
                                AMENDMENTS                            
      1978 - Pub. L. 95-454 substituted "Office of Personnel
    Management" for "Civil Service Commission".

                     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.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-