
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5346]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                 SUBCHAPTER IV--PREVAILING RATE SYSTEMS
 
Sec. 5346. Job grading system

    (a) The Office of Personnel Management, after consulting with the 
agencies and with employee organizations, shall establish and maintain a 
job grading system for positions to which this subchapter applies. In 
carrying out this subsection, the Office shall--
        (1) establish the basic occupational alinement and grade 
    structure or structures for the job grading system;
        (2) establish and define individual occupations and the 
    boundaries of each occupation;
        (3) establish job titles within occupations;
        (4) develop and publish job grading standards; and
        (5) provide a method to assure consistency in the application of 
    job standards.

    (b) The Office, from time to time, shall review such numbers of 
positions in each agency as will enable the Office to determine whether 
the agency is placing positions in occupations and grades in conformance 
with or consistently with published job standards. When the Office finds 
that a position is not placed in its proper occupation and grade in 
conformance with published standards or that a position for which there 
is no published standard is not placed in the occupation and grade 
consistently with published standards, it shall, after consultation with 
appropriate officials of the agency concerned, place the position in its 
appropriate occupation and grade and shall certify this action to the 
agency. The agency shall act in accordance with the certificate, and the 
certificate is binding on all administrative, certifying, payroll, 
disbursing, and accounting officials.
    (c) On application, made in accordance with regulations prescribed 
by the Office, by a prevailing rate employee for the review of the 
action of an employing agency in placing his position in an occupation 
and grade for pay purposes, the Office shall--
        (1) ascertain currently the facts as to the duties, 
    responsibilities, and qualification requirements of the position;
        (2) decide whether the position has been placed in the proper 
    occupation and grade; and
        (3) approve, disapprove, or modify, in accordance with its 
    decision, the action of the employing agency in placing the position 
    in an occupation and grade.

The Office shall certify to the agency concerned its action under 
paragraph (3) 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.

(Added Pub. L. 90-206, title II, Sec. 223(a), Dec. 16, 1967, 81 Stat. 
641, Sec. 5345; renumbered Sec. 5346 and amended Pub. L. 92-392, 
Sec. 1(a), Aug. 19, 1972, 86 Stat. 570; Pub. L. 95-454, title IX, 
Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)


                               Amendments

    1978--Subsecs. (a) to (c). Pub. L. 95-454 substituted ``Office of 
Personnel Management'' and ``Office'' for ``Civil Service Commission'' 
and ``Commission'', respectively, wherever appearing.
    1972--Subsecs. (a), (b). Pub. L. 92-392 added subsecs. (a) and (b).
    Subsec. (c). Pub. L. 92-392 designated existing provisions as 
subsec. (c) and substituted in introductory text ``Commission'', ``a 
prevailing rate of employee'' and ``in placing his position in an 
occupation and grade'' for ``Civil Service Commission'', ``an employee 
subject to section 5341(a) of this title'' and ``in classifying his 
position'', respectively, in par. (2) ``placed in the proper occupation 
and grade'' for ``properly classified'', in par. (3) ``in placing the 
position in an occupation and grade'' for ``in classifying the 
position'' and in last sentence ``subsection'' for ``section''.


                    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 1972 Amendment

    Amendment by Pub. L. 92-392 effective on first day of first 
applicable pay period beginning on or after 90th day after Aug. 19, 
1972, see section 15(a) of Pub. L. 92-392, set out as an Effective Date 
note under section 5341 of this title.

                  Section Referred to in Other Sections

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