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20 U.S.C. § 3461 — Officers and employees

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 3461 — Officers and employees

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Stable record: federal_law:legal_authorities:record_usc_110590f64ee81c4856146716
Source file: Laws/federal/codes/united-states-code/title-20/section-3461-officers-and-employees--b0b25c4b65.md
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Source location: Title 20, Chapter 48, § 3461; chapter-048-department-of-education.md

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**(a) Appointment and compensation** The Secretary is authorized to appoint and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out the functions of the Secretary and the Department. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5. **(b) Applicability of General Schedule; termination of authority; exemption from limitations on executive positions** (1) At the request of the Secretary, the Director of the Office of Personnel Management shall, under [section 5108 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5108&num=0&edition=prelim), provide for the establishment in each of the grade levels GS–16, GS–17, and GS–18 of a number of positions in the Department equal to the number of positions in that grade level which were used primarily for the performance of functions and offices transferred under this chapter and which were assigned and filled on the day before May 4, 1980. (2) Repealed. Pub. L. 107–279, title IV, § 403(3), Nov. 5, 2002, 116 Stat. 1985. (3) Appointments to positions provided for under this subsection may be made without regard to the provisions of [section 3324 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3324&num=0&edition=prelim), if the individual appointed in such position is an individual who is transferred in connection with the transfer of functions and offices under this chapter and, on the day preceding May 4, 1980, holds a position and has duties comparable to those of the position to which appointed hereunder. (4) The authority under this subsection with respect to any position shall terminate when the person first appointed to fill such position ceases to hold such position. (5) For purposes of section 414(a)(3)(A) of the Civil Service Reform Act of 1978, an individual appointed under this subsection shall be deemed to occupy the same position as the individual occupied on the day preceding May 4, 1980. **(c) Repealed. Pub. L. 99–498, title XIV, § 1401(d), Oct. 17, 1986, 100 Stat. 1597** **(d) Senior Executive Service** Notwithstanding any other provision of law, the Director of the Office of Personnel Management shall establish positions within the Senior Executive Service for 15 limited-term appointees. The Secretary shall appoint individuals to such positions as provided by [section 3394 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3394&num=0&edition=prelim). Such positions shall expire on the later of three years after May 4, 1980, or three years after the initial appointment to each position. Positions in effect under this subsection shall be taken into account in applying the limitations on positions prescribed under section 3134(e) and section 5108 of such title. **(e) Indian preference laws** Nothing in this chapter shall be construed to prevent the application of any Indian preference law in effect on the day before October 17, 1979, to any function or office transferred by this chapter and subject to any such law on the day before October 17, 1979. Any function or office transferred by this chapter and subject to any such law shall continue to be subject to any such law.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5108 — Classification of positions above GS–15

**(a)** The Office of Personnel Management may, for any Executive agency— (1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS–15; and (2) establish standards and procedures published by the Director of the Office of Personnel Management in such form as the Director may determine (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS–15. **(b)** The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. **(c)** The Librarian of Congress may classify positions in the Library of Congress above GS–15 pursuant to standards established by the Office in subsection (a)(2).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3104 — Employment of specially qualified scientific and professional personnel

**(a)** The Director of the Office of Personnel Management may establish, and from time to time revise, the maximum number of scientific or professional positions for carrying out research and development functions which require the services of specially qualified personnel which may be established outside of the General Schedule. Any such position may be established by action of the Director or, under such standards and procedures as the Office prescribes and publishes in such form as the Director may determine (including procedures under which the prior approval of the Director may be required), by agency action. **(b)** The provisions of subsection (a) of this section shall not apply to any Senior Executive Service position (as defined in [section 3132(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a&num=0&edition=prelim)). **(c)** In addition to the number of positions authorized by subsection (a) of this section, the Librarian of Congress may establish, without regard to the second sentence of subsection (a) of this section, not more than 8 scientific or professional positions to carry out the research and development functions of the Library of Congress which require the services of specially qualified personnel.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 3419 — Institute of Education Sciences

There shall be in the Department of Education the Institute of Education Sciences, which shall be administered in accordance with the Education Sciences Reform Act of 2002 [[20 U.S.C. 9501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9501&num=0&edition=prelim) et seq.] by the Director appointed under section 114(a) of that Act [[20 U.S.C. 9514(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9514/a&num=0&edition=prelim)].

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5376 — Pay for certain senior-level positions

**(a)** This section applies to— (1) positions that are classified above GS–15 pursuant to section 5108; and (2) scientific or professional positions established under section 3104; but does not apply to— (A) any Senior Executive Service position under section 3132; or (B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. **(b)** (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— (A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. (2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate. (3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”. (4) No employee may suffer a reduction in pay by reaso

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5376

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3324 — Appointments to positions classified above GS–15

**(a)** An appointment to a position classified above GS–15 pursuant to section 5108 may be made only on approval of the qualifications of the proposed appointee by the Director of the Office of Personnel Management on the basis of qualification standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director. This section does not apply to a position— (1) to which appointment is made by the Chief Judge of the United States Tax Court; (2) to which appointment is made by the President; (3) to which appointment is made by the Librarian of Congress; or (4) the incumbent of which is paid from— (A) appropriations for the Executive Office of the President under the heading “The White House Office”, “Special Projects”, “Council of Economic Advisers”, or “National Security Council”; or (B) funds appropriated to the President under the heading “Emergency Fund for the President” by the Treasury, Post Office, and Executive Office Appropriation Act, 1966, or a later statute making appropriations for the same purpose. **(b)** The Office may prescribe regulations necessary for the administration of this section.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3394 — Noncareer and limited appointments

**(a)** Each noncareer appointee, limited term appointee, and limited emergency appointee shall meet the qualifications of the position to which appointed, as determined in writing by the appointing authority. **(b)** An individual may not be appointed as a limited term appointee or as a limited emergency appointee without the prior approval of the exercise of such appointing authority by the Office of Personnel Management.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 3401 — Congressional findings

The Congress finds that— (1) education is fundamental to the development of individual citizens and the progress of the Nation; (2) there is a continuing need to ensure equal access for all Americans to educational opportunities of a high quality, and such educational opportunities should not be denied because of race, creed, color, national origin, or sex; (3) parents have the primary responsibility for the education of their children, and States, localities, and private institutions have the primary responsibility for supporting that parental role; (4) in our Federal system, the primary public responsibility for education is reserved respectively to the States and the local school systems and other instrumentalities of the States; (5) the American people benefit from a diversity of educational settings, including public and private schools, libraries, museums and other institutions, the workplace, the community, and the home; (6) the importance of education is increasing as new technologies and alternative approaches to traditional education are considered, as society becomes more complex, and as equal opportunities in education and employment are promoted; (7) there is a need for improvement in the management and coordination of Federal education programs to support more effectively State, local, and private institutions, students, and parents in carrying out their educational responsibilities; (8) the dispersion of education programs across a large number of Federal agencies has led to fragmented, duplicative, and often inconsistent Federal policies relating to education; (9) Presidential and public consideration of issues relating to Federal education programs is hindered by the present organizational position of education programs in the executive branch

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 3461 — Officers and employees

Page 1175 TITLE 20—EDUCATION § 3461 Editorial Notes PRIOR PROVISIONS A prior section 306 of Pub. L. 96–88 was renumbered section 305 and is classified to section 3446 of this title. SUBCHAPTER IV—ADMINISTRATIVE PROVISIONS PART A—PERSONNEL PROVISIONS § 3461. Officers and employees (a) Appointment and compensation The Secretary is authorized to appoint and fix the compensation of such officers and employ- ees, including attorneys, as may be necessary to carry out the functions of the Secretary and the Department. Except as otherwise provided by law, such officers and employees shall be ap- pointed in accordance with the civil service laws and their compensation fixed in accordance with title 5. (b) Applicability of General Schedule; termi- nation of authority; exemption from limita- tions on executive positions (1) At the request of the Secretary, the Direc- tor of the Office of Personnel Management shall, under section 5108 of title 5, provide for the es- tablishment in each of the grade levels GS–16, GS–17, and GS–18 of a number of positions in the Department equal to the number of positions in that grade level which were used primarily for the performance of functions and offices trans- ferred under this chapter and which were as- signed and filled on the day before May 4, 1980. (2) Repealed. Pub. L. 107–279, title IV, § 403(3), Nov. 5, 2002, 116 Stat. 1985. (3) Appointments to positions provided for under this subsection may be made without re- gard to the provisions of section 3324 of title 5, if the individual appointed in such position is an individual who is transferred in connection with the transfer of functions and offices under this chapter and, on the day preceding May 4, 1980, holds a position and has duties comparable to those

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