2013 US Code
Title 5 - Government Organization and Employees
Part III - EMPLOYEES (§§ 2101 - 10210)
Subpart D - Pay and Allowances (§§ 5101 - 5949)
Chapter 51 - CLASSIFICATION (§§ 5101 - 5115)
Section 5112 - General authority of the Office of Personnel Management
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 51 - CLASSIFICATION Sec. 5112 - General authority of the Office of Personnel Management |
Contains | section 5112 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 456; Pub. L. 95-454, title IX, §906(a)(2), (3), (17), Oct. 13, 1978, 92 Stat. 1224, 1226. |
Statutes at Large References | 63 Stat. 958 80 Stat. 456 92 Stat. 1224 |
Public Law References | Public Law 89-554, Public Law 95-454 |
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(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 456; Pub. L. 95–454, title IX, §906(a)(2), (3), (17), Oct. 13, 1978, 92 Stat. 1224, 1226.)
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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5 U.S.C. 1101. | Oct. 28, 1949, ch. 782, §501, 63 Stat. 958. |
In subsection (a), the words “which may be exercised at any time in its discretion” are omitted as 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.
AMENDMENTS1978—Pub. L. 95–454, §906(a)(17), substituted “Office of Personnel Management” for “Civil Service Commission” in section catchline.
Subsecs. (a), (b). Pub. L. 95–454, §906(a)(2), (3), substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.
EFFECTIVE DATE OF 1978 AMENDMENTAmendment 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.
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