United States Code (Last Updated: May 24, 2014) |
Title 5. GOVERNMENT ORGANIZATION AND EMPLOYEES |
Part III. EMPLOYEES |
SubPart B. Employment and Retention |
Chapter 33. EXAMINATION, SELECTION, AND PLACEMENT |
SubChapter I. EXAMINATION, CERTIFICATION, AND APPOINTMENT |
§ 3324. Appointments to positions classified above GS–15
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(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.
Historical And Revision
Historical and Revision Notes | ||
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1966 Act | ||
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| 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 Emergency Planning” are substituted for “Office of Defense Mobilization” on authority of 1958 Reorg. Plan No. 1, § 2(a), effective
In subsection (a)(4)(B), the words “ ‘Emergency Fund for the President’ by the Treasury, Post Office, and Executive Office Appropriation Act, 1966” are substituted for “ ‘Emergency Fund for the President, National Defense’ by the General Government Matters Appropriation Act, 1959” to reflect the heading and title of the current appropriation Act.
Subsection (b) is added on authority of former sections 1072 and 1072a, which are carried into section 5115.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
This section amends 5 U.S.C. 3324(a)(4)(A) to correct typographical errors.
References In Text
The Treasury, Post Office, and Executive Office Appropriation Act, 1966, referred to in subsec. (a)(4)(B), is Pub. L. 89–57,
Amendments
2008—Subsec. (a). Pub. L. 110–372 substituted “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” 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 follows: “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 section catchline, was executed by making the substitution 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 reference to Office of Emergency Planning.
1978—Subsecs. (a), (b). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission”.
Effective Date Of 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
Amendment by Pub. L. 102–378 effective
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
Amendment by Pub. L. 96–54 effective
Amendment by Pub. L. 95–454 effective 90 days after
Amendment by Pub. L. 90–83 effective as of