
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5106]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                       CHAPTER 51--CLASSIFICATION
 
Sec. 5106. Basis for classifying positions

    (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.

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

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             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.
