PRIA, Government Policy, Made Personal

Summary

Even if section 5107 says something different, the Office of Personnel Management (OPM) may check the facts about a job’s duties and required skills; put a new job or a job newly covered here into the proper class and grade; decide if a job is already in the right class and grade; and change a job’s class or grade when the facts support it. When OPM places or changes a job under paragraph (2) or (4), it must give the agency a certificate. The agency must follow that certificate, and it is binding on all administrative, certifying, payroll, disbursing, and accounting officials. An affected employee or an agency can ask OPM to use these powers at any time, and OPM must act on the request.

Title 5, §5112

Government Organization and Employees, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1101.Oct. 28, 1949, ch. 782, § 501, 63 Stat. 958. In subsection (a), the words “which may be exercised at any time in its discretion” are omitted as 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.

Editorial Notes

Amendments

1978—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.

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.

§5112 General Authority of the Office of Personnel Management