Browse Arkansas Code titles and sections
5 U.S.C. § 3324 — Appointments to positions classified above GS–15
Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3324
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 75736dd7d0eb197147d3d115ba1ab6891138a0dfb779ee7e634c112c1e226840. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_ae058b8249f422a1cb23c255
Source file: Laws/federal/codes/united-states-code/title-5/section-3324-appointments-to-positions-classified-above-gs15--8edc64b1dd.md
Pages: Not recorded – Not recorded
Passage SHA-256: b8cb04cc408ddb2d8a04341e102f47ab6b7f542533461c2a1010cb9b30878761
Source location: Title 5, Chapter 33, § 3324; chapter-033-examination-selection-and-placement.md
Stored source content
**(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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this chapter—
(1) “agency” means—
(A) an Executive agency;
(B) the Library of Congress;
(C) the Botanic Garden;
(D) the Government Publishing Office;
(E) the Office of the Architect of the Capitol; and
(F) the government of the District of Columbia;
but does not include—
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Islands Corporation;
(iv) the Atomic Energy Commission;
(v) the Central Intelligence Agency;
(vi) the National Security Agency, Department of Defense;
(vii) the Government Accountability Office;
(viii) the Office of the Director of National Intelligence;
(ix) the Defense Intelligence Agency, Department of Defense; or
(x) the National Geospatial-Intelligence Agency, Department of Defense;
(2) “employee” means an individual employed in or under an agency;
(3) “position” means the work, consisting of the duties and responsibilities, assignable to an employee;
(4) “class” or “class of positions” includes all positions which are sufficiently similar, as to—
(A) kind or subject-matter of work;
(B) level of difficulty and responsibility; and
(C) the qualification requirements of the work;
to warrant similar treatment in personnel and pay administration; and
(5) “grade” includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to—
(A) level of difficulty and responsibility; and
(B) level of qualification requirements of the work;
to warrant their inclusion within one range of rates of basic pay in the General Schedule.
**(b)** Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5102
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section, “agency” means an Executive agency, but does not include—
(1) a Government controlled corporation;
(2) the Tennessee Valley Authority;
(3) the Virgin Islands Corporation;
(4) the Atomic Energy Commission;
(5) the Central Intelligence Agency;
(6) the Panama Canal Commission; or
(7) the National Security Agency, Department of Defense.
**(b)** Under regulations prescribed and administered by the President, each agency shall review systematically the operations of each of its activities, functions, or organization units, on a continuing basis.
**(c)** The purpose of the reviews includes—
(1) determining the degree of efficiency and economy in the operation of the agency’s activities, functions, or organization units;
(2) identifying the units that are outstanding in those respects; and
(3) identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 305
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee is entitled to annual leave with pay which accrues as follows—
(1) one-half day for each full biweekly pay period for an employee with less than 3 years of service;
(2) three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of service; and
(3) one day for each full biweekly pay period for an employee with 15 or more years of service.
In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of chapter 83, and for all service which is creditable by virtue of subsection (e). However, an employee who is a retired member of a uniformed service as defined by [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501&num=0&edition=prelim) is entitled to credit for active military service only if—
(A) his retirement was based on disability—
(i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 1101 of title 38;
(B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days.
The determination of years of service may be made on the basis of an affidavit of the employee. Leave
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6303
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that—
(1) there be equal pay for substantially equal work within each local pay area;
(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions;
(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and
(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5301
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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 po
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3461
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary to appoint and fix compensation** In the performance of his functions the Secretary is authorized to appoint and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out such functions. Except as otherwise provided in this section, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5.
**(b) Appointment of scientific, engineering, etc., personnel without regard to civil service laws; compensation; termination of authority**
(1) Subject to the limitations provided in paragraph (2) and to the extent the Secretary deems such action necessary to the discharge of his functions, he may appoint not more than three hundred eleven of the scientific, engineering, professional, and administrative personnel of the department without regard to the civil service laws, and may fix the compensation of such personnel not in excess of the maximum rate payable for GS–18 of the General Schedule under [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim).
(2) The Secretary’s authority under this subsection to appoint an individual to such a position without regard to the civil service laws shall cease—
(A) when a person appointed, within four years after October 1, 1977, to fill such position under paragraph (1) leaves such position, or
(B) on the day which is four years after such date,
whichever is later.
**(c) Placement of GS–16, GS–17, and GS–18 positions without regard to [section 3324 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3324&num=0&edition=prelim); termination of authority**
(1) Subj
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7232
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 400
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3324
HISTORICAL AND REVISION NOTES—CONTINUED
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(c) .............
22 U.S.C. 915(c).
Sept. 8, 1960, Pub. L. 86–723,
§ 10(d), 74 Stat. 832.
(d) .............
33 U.S.C. 544a, 701l.
June 20, 1938, ch. 535, § 5, 52
Stat. 805.
In subsection (a), the words ‘‘On and after July 1,
1932’’ are omitted as executed. The words ‘‘heretofore
or hereafter’’ are omitted as unnecessary. The words
‘‘in the civil service’’ are substituted for ‘‘civilian serv-
ice in any branch or service of the United States Gov-
ernment’’ and ‘‘to any appointive office, position, or
employment under the United States’’ in view of the
definition of ‘‘civil service’’ in section 2101.
In subsection (b), the words ‘‘receiving annuity from
the Civil Service Retirement and Disability Fund’’ are
substituted for ‘‘heretofore or hereafter retired under
this chapter’’. The word ‘‘authority’’ is substituted for
‘‘officer’’ in recognition of the several appointing au-
thorities named in section 2105(a)(1).
In subsection (c), the words ‘‘Notwithstanding sub-
section (a) of this section’’ are substituted for ‘‘Not-
withstanding the provisions of sections 62 and 715a of
title 5’’ to reflect the codification of former section
715a in subsection (a) of this section and in view of the
repeal of section 62 of title 5 by § 402(a)(7) of the Act of
Aug. 19, 1964, Pub. L. 88–448, 78 Stat. 492. The words
‘‘heretofore or hereafter’’ and ‘‘hereafter’’ are omitted
as unnecessary. The words ‘‘in a position in the civil
service’’ are substituted for ‘‘in Federal Government
service in any appointive position’’ in view of the defi-
nition of ‘‘civil service’’ in section 2101. The word ‘‘au-
thorit
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3324
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.