
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: 5USC5112]

 
             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
        
    (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, 
Sec. 906(a)(2), (3), (17), Oct. 13, 1978, 92 Stat. 1224, 1226.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 1101.                Oct. 28, 1949, ch.
                                                    782, Sec.  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.


                               Amendments

    1978--Pub. L. 95-454, Sec. 906(a)(17), substituted ``Office of 
Personnel Management'' for ``Civil Service Commission'' in section 
catchline.
    Subsecs. (a), (b). Pub. L. 95-454, Sec. 906(a)(2), (3), substituted 
``Office of Personnel Management'' and ``Office'' for ``Civil Service 
Commission'' and ``Commission'', respectively, wherever appearing.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 5366 of this title.
