
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: 5USC5109]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                       CHAPTER 51--CLASSIFICATION
 
Sec. 5109. Positions classified by 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.

(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.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 516b (3d sentence).  Apr. 4, 1940, ch. 75,
                                                    Sec.  2 (3d
                                                    sentence), 54 Stat.
                                                    81.
(b)................  5 U.S.C. 3013(a) (10th        Sept. 28, 1959, Pub.
                      through 24th words of 1st     L. 86-382, Sec.
                      sentence, and 2d sentence).   14(a) (10th through
                                                    24th words of 1st
                                                    sentence, and 2d
                                                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 5115 of this title.
