# § 5109. Positions classified by statute
**1** The position held by an employee of the Department of Agriculture while he, under section 450d of title 7,[^1] 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.
See References in Text note below.
**(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.
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**Source Credit**: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 455; Pub. L. 91–34, § 2(b), June 30, 1969, 83 Stat. 41; Pub. L. 93–406, title II, § 1051(b)(1), Sept. 2, 1974, 88 Stat. 951; Pub. L. 95–454, title IX, § 906(b), Oct. 13, 1978, 92 Stat. 1226; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(G)], Nov. 5, 1990, 104 Stat. 1427, 1441; Pub. L. 103–272, § 4(b)(1), July 5, 1994, 108 Stat. 1361; Pub. L. 105–206, title I, § 1102(e)(2), July 22, 1998, 112 Stat. 704.)
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| --- | --- | --- |
| (a) | 5 U.S.C. 516b (3d sentence). | Apr. 4, 1940, ch. 75, § 2 (3d sentence), 54 Stat. 81. |
| (b) | 5 U.S.C. 3013(a) (10th through 24th words of 1st sentence, and 2d sentence). | Sept. 28, 1959, Pub. L. 86–382, § 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, § 1, 73 Stat. 702. |
In subsection (a), the words “” 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.
## Editorial Notes
### References in Text
, referred to in subsec. (a), probably means section 2 of , which was formerly classified to , Agriculture, prior to editorial reclassification and renumbering as .
### Amendments
1998—Subsecs. (b), (c). 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). added subsec. (c).
1990—Subsec. (b). 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 ”.
1986—Subsec. (b). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
1978—Subsecs. (b), (c). , redesignated subsec. (c) as (b). Former subsec. (b), which related to classification of position held by an employee appointed under , was struck out.
1974—Subsec. (c). added subsec. (c). A prior subsec. (c) was repealed by .
1969—Subsec. (c). repealed subsec. (c) provisions classifying positions on National Zoological Park police force authorized pursuant to .
## Statutory Notes and Related Subsidiaries
### Effective Date of 1990 Amendment
Amendment by effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after , see section 529 [title III, § 305] of , set out as a note under .
### Effective Date of 1978 Amendment
Amendment by effective 90 days after , see , set out as a note under .
### Effective Date of 1974 Amendment
Amendment by effective on 90th day after , see , set out as a note under , Internal Revenue Code.
### Effective Date of 1969 Amendment
Amendment by effective at beginning of first pay period which commences on or after , see , set out as an Effective Date note under .
### Reduction of Basic Pay Rate
Rate of basic pay not to be reduced by reason of enactment of , which amended this section, see , set out as a note under .