5 U.S.C. § 5111: Revocation and restoration of…

Summary

The Office of Personnel Management (OPM) can take away or pause an agency’s power to assign jobs to official classes and pay grades if the agency is not following published standards. While paused, the agency must get OPM’s approval before a job classification can affect pay or personnel. OPM can limit the pause to parts of an agency, a geographic area, certain units, kinds of classification actions, particular job groups or grades, or jobs that lack published standards. OPM can give the power back when it is sure future classifications will follow the standards.

Title 5, §5111

Government Organization and Employees, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1104.Oct. 28, 1949, ch. 782, § 504, 63 Stat. 959. In subsection (a), the words “in whole or in part” are omitted as unnecessary in view of the specific 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words “After revocation or suspension” are substituted for “After all or part of the authority of the department has been revoked or suspended”.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.

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

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.

§5111 Revocation and Restoration of Authority to Classify Positions