5 U.S.C. § 3324 — Untitled legal text

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- thority’’ is substituted for ‘‘officer’’ in recognition of the several appointing authorities named in section 2105(a)(1). In subsection (d), the words ‘‘Notwithstanding sub- section (a) of this section’’ are substituted for ‘‘The provisions of section 715a of title 5 shall not be so con- strued as to prevent’’ to reflect the codification of former section 715a in subsection (a) of this section, and to conform to the style of this section. The words ‘‘under section 569a of title 33’’ are substituted for ‘‘under agreement as authorized by sections 569a, 584a and 607a of title 33’’ on authority of the provision con- tained in section 569a of title 33. The word ‘‘employee’’ is coextensive with and substituted for ‘‘civilian em- ployee’’ in view of the definition of ‘‘employee’’ in sec- tion 2105. The last sentence is restated for clarity. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes REFERENCES IN TEXT Section 812 of the Foreign Service Act of 1980, re- ferred to in subsec. (c), is classified to section 4052 of Title 22, Foreign Relations and Intercourse. AMENDMENTS 1992—Subsec. (b)(1). Pub. L. 102–378 substituted ‘‘an- nuitant, as defined by section 8331 or 8401,’’ for ‘‘annu- itant as defined by section 8331 of this title’’. 1984—Subsec. (b). Pub. L. 98–224 designated existing provisions as par. (1), substituted ‘‘the annuitant’’ for ‘‘he’’ and inserted ‘‘, other than an annuitant re- appointed under paragraph (2) of this subsection,’’, and added par. (2). 1980—Subsec. (c). Pub. L. 96–465 substituted ‘‘member of the Foreign Service retired under section 812 of the Foreign Service Act of 1980’’ for ‘‘Foreign Service offi- cer retired under section 1001 or 1002 of title 22 or a For- eign Service staff officer or employee retired under sec- tion 1063 of title 22’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. § 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 sec- tion 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 Li- brarian 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 ‘‘Na- tional 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 nec- essary for the administration of this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 422; Pub. L. 90–83, § 1(10), Sept. 11, 1967, 81 Stat. 197; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(17), Aug. 14, 1979, 93 Stat. 382; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(C)(i), (ii)], Nov. 5, 1990, 104 Stat. 1427, 1441; Pub. L. 102–378, § 2(11), Oct. 2, 1992, 106 Stat. 1347; Pub. L. 110–372, § 2(c)(2), Oct. 8, 2008, 122 Stat. 4044.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1105(i). June 20, 1958, Pub. L. 85–462, § 10 ‘‘(i)’’, 72 Stat. 213. Sept. 13, 1960, Pub. L. 86–768, 74 Stat. 910. In subsection (a), the words ‘‘in GS–16, 17, and 18’’ are substituted for ‘‘in grades 16, 17, and 18 of the General Schedule’’. In subsection (a)(2), the words ‘‘by the President’’ are coextensive with and substituted for ‘‘by the President alone or by the President by and with the advice and consent of the Senate’’. In subsection (a)(4)(A), the words ‘‘Office of Emer- gency Planning’’ are substituted for ‘‘Office of Defense Mobilization’’ on authority of 1958 Reorg. Plan No. 1, § 2(a), effective July 1, 1958, 72 Stat. 1799, as amended Aug. 26, 1958, Pub. L. 85–763, 72 Stat. 861, and Sept. 22, 1961, Pub. L. 87–296, 75 Stat. 630. Reference to ‘‘Presi- dent’s Advisory Committee on Government Organiza- Page 401 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3325 tion’’ is omitted since the Committee was abolished by Executive Order No. 10917, February 10, 1961. In subsection (a)(4)(B), the words ‘‘ ‘Emergency Fund for the President’ by the Treasury, Post Office, and Ex- ecutive Office Appropriation Act, 1966’’ are substituted for ‘‘ ‘Emergency Fund for the President, National De- fense’ by the General Government Matters Appropria- tion Act, 1959’’ to reflect the heading and title of the current appropriation Act. Subsection (b) is added on authority of former sec- tions 1072 and 1072a, which are carried into section 5115. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT This section amends 5 U.S.C. 3324(a)(4)(A) to correct typographical errors. Editorial Notes REFERENCES IN TEXT The Treasury, Post Office, and Executive Office Ap- propriation Act, 1966, referred to in subsec. (a)(4)(B), is Pub. L. 89–57, June 30, 1965, 79 Stat. 196. For classifica- tion of this Act to the Code, see Tables. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–372 substituted ‘‘the Di- rector of the Office of Personnel Management on the basis of qualification standards developed by the agen- cy involved in accordance with criteria specified in reg- ulations prescribed by the Director’’ for ‘‘the Office of Personnel Management’’ in introductory provisions. 1992—Pub. L. 102–378, § 2(11)(A), substituted ‘‘GS–15’’ for ‘‘GA–15’’ in section catchline. Subsec. (a)(1). Pub. L. 102–378, § 2(11)(B), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘provided for in section 5108(c)(2) of this title;’’. 1990—Pub. L. 101–509, § 529 [title I, § 101(b)(9)(C)(ii)], which directed that ‘‘to positions classified above GA–15’’ be substituted for ‘‘at GS–16, 17, or 18’’ in sec- tion catchline, was executed by making the substi- tution for ‘‘at GS–16, 17, and 18’’, as the probable intent of Congress. Subsec. (a). Pub. L. 101–509, § 529 [title I, § 101(b)(9)(C)(i)], substituted ‘‘classified above GS–15 pursuant to section 5108’’ for ‘‘in GS–16, 17, or 18’’. 1979—Subsec. (a)(4)(A). Pub. L. 96–54 struck out ref- erence to Office of Emergency Planning. 1978—Subsecs. (a), (b). Pub. L. 95–454 substituted ‘‘Of- fice of Personnel Management’’ for ‘‘Civil Service Com- mission’’ and ‘‘Office’’ for ‘‘Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–372 effective on the first day of the first pay period beginning on or after the 180th day following Oct. 8, 2008, see section 2(d) of Pub. L. 110–372, set out as a note under section 5376 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–378 effective May 4, 1991, see section 9(b)(4) of Pub. L. 102–378, set out as a note under section 6303 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. 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 1967 AMENDMENT Amendment by Pub. L. 90–83 effective as of Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title. § 3325. Appointments to scientific and profes- sional positions (a) Positions established under section 3104 of this title are in the competitive service. How- ever, appointments to the positions are made without competitive examination on approval of the qualifications of the proposed appointee by the Office of Personnel Management on the basis of standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director of the Office of Per- sonnel Management. (b) This section does not apply to positions es- tablished under section 3104(c). (c) The Director of the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out the purpose of this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 423; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 102–378, § 2(12), Oct. 2, 1992, 106 Stat. 1347; Pub. L. 110–372, § 2(c)(3), Oct. 8, 2008, 122 Stat. 4044.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 1162(a). Oct. 4, 1961, Pub. L. 87–367, § 202 ‘‘Sec. 2(a)’’, 75 Stat. 790. (b) ............. 5 U.S.C. 1161(g) (2d sentence). Oct. 11, 1962, Pub. L. 87–793, § 1001(a)(2) ‘‘(g) (2d sen- tence)’’, 76 Stat. 863. In subsection (a), the words ‘‘or its designee’’ are sub- stituted for ‘‘or such officers or agents as the Commis- sion may designate’’. For repeal of the Act of Aug. 1, 1947, ch. 433, 61 Stat. 715, as amended, see revision note for section 3104. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–372, § 2(c)(3)(A), sub- stituted ‘‘on the basis of standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director of the Office of Personnel Management’’ for ‘‘or its designee for this purpose’’. Subsec. (c). Pub. L. 110–372, § 2(c)(3)(B), added subsec. (c). 1992—Subsec. (b). Pub. L. 102–378 substituted ‘‘section 3104(c)’’ for ‘‘section 3104(a)(7) of this title’’. 1978—Subsec. (a). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commis- sion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–372 effective on the first day of the first pay period beginning on or after the