Title 5 — Government Organization and Employees
Part III · Chapter 31 — Authority for Employment
§ 3104. Employment of specially qualified scientific and professional personnel
Statutory text
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.
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).
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 3104
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 415
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 415Postal Reorganization Act
Pub. L. 91–375 § 6(c)(5) · 84 Stat. 719
Repealed · 5 U.S.C. § 3104(a)(5)
Pub. L. 91–375 repealed provision for employment in Post Office Department in scientific or professional positions of not more than 6 qualified individuals
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 91–375 repealed provision for employment in Post Office Department in scientific or professional positions of not more than 6 qualified individuals.Enacted provision · exact public law section
(5) Section 3104(a)(5) is repealed.Pub. L. 95–454 § 414(a)(2)(B) · 92 Stat. 1111
Substituted · 5 U.S.C. § 3104(a)
Pub. L. 95–454, § 414(a)(2)(B), substituted provisions authorizing the Director to establish the maximum number of scientific or professional positions, excepting Senior Executive Service positions, and authorizing the Librarian to establish not more than 8 such positions for provisions authorizing the head of certain named agencies to establish a specified number of scientific or professional positions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–454, § 414(a)(2)(B), substituted provisions authorizing the Director to establish the maximum number of scientific or professional positions, excepting Senior Executive Service positions, and authorizing the Librarian to establish not more than 8 such positions for provisions authorizing the head of certain named agencies to establish a specified number of scientific or professional positions.Enacted provision · exact public law section
(B) Section 3104 of title 5, United States Code, is amended by striking out subsections (a) and (b) and inserting in lieu thereof the following: “(a) (1) The Director of the Office of Personnel Management may establish, and from time to time revise, the maximum number of scientific or professional positions (not to exceed 517) 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 only by action of the Director. “(2) The provisions of paragraph (1) of this subsection shall not apply to any Senior Executive Service position (as defined in section 3132(a) of this title). Ante, p. 1155. “(3) In addition to the number of positions authorized by paragraph (1) of this subsection, the Librarian of Congress may establish, without regard to the second sentence of paragraph (1) of this subsection, 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.”.Pub. L. 95–454 § 414(a)(2)(B) · 92 Stat. 1111
Struck · 5 U.S.C. § 3104(b)
Pub. L. 95–454, § 414(a)(2)(B), (C), struck out subsec. (b)
Redesignated · 5 U.S.C. § 3104(b)
Pub. L. 95–454, § 414(a)(2)(B), (C), redesignated subsec. (c) as (b)
Redesignated · 5 U.S.C. § 3104(b)
Pub. L. 95–454, § 414(a)(2)(B), (C), substituted in subsec. (b), as redesignated, “to fix under section 5361 of this title the pay for positions established under this section” for “to establish and fix the pay of positions under this section and section 5361 of this title”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–454, § 414(a)(2)(B), (C), struck out subsec. (b), redesignated subsec. (c) as (b), and substituted in subsec. (b), as redesignated, “to fix under section 5361 of this title the pay for positions established under this section” for “to establish and fix the pay of positions under this section and section 5361 of this title”.Enacted provision · exact public law section
(B) Section 3104 of title 5, United States Code, is amended by striking out subsections (a) and (b) and inserting in lieu thereof the following: “(a) (1) The Director of the Office of Personnel Management may establish, and from time to time revise, the maximum number of scientific or professional positions (not to exceed 517) 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 only by action of the Director. “(2) The provisions of paragraph (1) of this subsection shall not apply to any Senior Executive Service position (as defined in section 3132(a) of this title). Ante, p. 1155. “(3) In addition to the number of positions authorized by paragraph (1) of this subsection, the Librarian of Congress may establish, without regard to the second sentence of paragraph (1) of this subsection, 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.”.Pub. L. 95–454 § 801(a)(3)(C) · 92 Stat. 1111
Redesignated · 5 U.S.C. § 3104(b)
Pub. L. 95–454, § 801(a)(3)(C), substituted in subsec. (b), as redesignated, “section 5371 of this title” for “section 5361 of this title”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 95–454, § 801(a)(3)(C), substituted in subsec. (b), as redesignated, “section 5371 of this title” for “section 5361 of this title”.Enacted provision · exact public law section
(3) (A) Chapter 53 of title 5, United States Code, is amended— 5 USC 5301 et seq. (i) by redesignating subchapter VI as subchapter VII, and (ii) by redesignating sections 5361 through 5365 as sections 5371 through 5375, respectively. (B) (i) The analysis of chapter 53 of title 5, United States Code, is amended by striking out the items relating to subchapter VI thereof and inserting in lieu thereof the following:Pub. L. 95–454 § 414(a)(2)(C)(i) · 92 Stat. 1111
Redesignated · 5 U.S.C. § 3104(c)
Pub. L. 95–454, § 414(a)(2)(C)(i), redesignated subsec. (c) as (b)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 95–454, § 414(a)(2)(C)(i), redesignated subsec. (c) as (b).Enacted provision · exact public law section
(i) by striking out “(c)” and inserting in lieu thereof “(b)”; andCongressional Reports Elimination Act of 1986
Pub. L. 99–386 title I § 101(b) · 100 Stat. 821
Struck · 5 U.S.C. § 3104
Pub. L. 99–386 struck out subsec. (b) relating to reports to Congress
Redesignated · 5 U.S.C. § 3104
Pub. L. 99–386 redesignated pars. (1), (2), and (3) of subsec. (a) as subsecs. (a), (b), and (c), respectively
Redesignated · 5 U.S.C. § 3104
Pub. L. 99–386 substituted “subsection (a) of this section” for “paragraph (1) of this subsection” wherever appearing in subsecs. (b) and (c) as redesignated
Source evidence
Code amendment note
Pub. L. 99–386 struck out subsec. (b) relating to reports to Congress, redesignated pars. (1), (2), and (3) of subsec. (a) as subsecs. (a), (b), and (c), respectively, and substituted “subsection (a) of this section” for “paragraph (1) of this subsection” wherever appearing in subsecs. (b) and (c) as redesignated.Enacted provision · exact public law section
(b) Section 3104 of title 5, United States Code, is amended by— (1) striking out subsection (b); (2) redesignating paragraphs (1), (2), and (3) of subsection (a) as subsections (a), (b), and (c), respectively; and (3) striking out “paragraph (1) of this subsection” each place it appears in subsections (b) and (c) (as redesignated by paragraph (2) of this subsection) and inserting in lieu thereof “subsection (a) of this section”.Technical and Miscellaneous Civil Service Amendments Act of 1992
Pub. L. 102–378 § 2(7) · 106 Stat. 1346
Struck · 5 U.S.C. § 3104(a)
Pub. L. 102–378 struck out “(not to exceed 517)” after “positions” in first sentence
Amended · 5 U.S.C. § 3104(a)
Pub. L. 102–378 amended second sentence generally
Substituted · 5 U.S.C. § 3104(a)
Pub. L. 102–378 substituting provisions authorizing establishment of positions by Director and by agency action for provisions specifying that only Director may establish positions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–378 struck out “(not to exceed 517)” after “positions” in first sentence and amended second sentence generally, substituting provisions authorizing establishment of positions by Director and by agency action for provisions specifying that only Director may establish positions.Enacted provision · exact public law section
(7) in section 3104(a)— (A) by striking “(not to exceed 517)”; and (B) by amending the second sentence to read as follows: “Any such position may be established by action of the Director or, under such standards and procedures as the Office prescribes (including procedures under which the prior approval of the Director may be required), by agency action.”;Senior Professional Performance Act of 2008
Pub. L. 110–372 § 2(c)(1) · 122 Stat. 4043
Substituted · 5 U.S.C. § 3104(a)
Pub. L. 110–372 substituted “prescribes and publishes in such form as the Director may determine” for “prescribes”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–372 substituted “prescribes and publishes in such form as the Director may determine” for “prescribes”.Enacted provision · exact public law section
(1) in section 3104(a), in the second sentence, by striking “prescribes” and inserting “prescribes and publishes in such form as the Director may determine”;Effective date note
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.
14 of 15 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1966 Act | ||
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| (a) | 5 U.S.C. 1161 (less 2d sentence of (g)). | Oct. 4, 1961, Pub. L. 87–367, § 202 “Sec. 1”, 75 Stat. 789.Oct. 11, 1962, Pub. L. 87–793, § 1001(a)(2) “(g) (less 2d sentence)”, 76 Stat. 863. |
| (b) | 5 U.S.C. 1162(c). | Oct. 4, 1961, Pub. L. 87–367, § 202 “Sec. 2(c)”, 75 Stat. 790. |
| (c) | 5 U.S.C. 1163. | Oct. 4, 1961, Pub. L. 87–367, § 202 “Sec. 3”, 75 Stat. 790. |
In subsection (a), the authority to fix pay is omitted and carried into section 5361.
In subsection (b), the words “subsequent to ” appearing in former section 1162(c) are omitted as obsolete.
The Act of Aug. 1, 1947, ch. 433, 61 Stat. 715, as amended by the following Acts is omitted from the derivation and repealed (see Table II) as superseded by the Act of , Pub. L. 87–367, § 202, 75 Stat. 789, which is carried into this section and sections 3325 and 5361:
June 24, 1948, ch. 624, 62 Stat. 604.
July 13, 1949, ch. 332, 63 Stat. 410.
July 31, 1956, ch. 804 § 501(a), 70 Stat. 761.
Aug. 10, 1956, ch. 1041, § 28, 70A Stat. 631.
, Pub. L. 85–462, § 12(a)–(d), 72 Stat. 213A.
, Pub. L. 86–370, § 4, 73 Stat. 651.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
historicalAndRevision
| 1967 Act | ||
|---|---|---|
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
| 3104(a)(5) | 5 App.: 1161(e). | July 5, 1966, Pub. L. 89–492 § 5, 80 Stat. 262. |
The amendment to 5 U.S.C. 3104(a)(5) reflects Public Law 89–492, section 5.
The other amendments to 5 U.S.C. 3104 are based on section 302 of the act of July 20, 1958, Public Law 85–568 (72 Stat. 433), 42 U.S.C. 2453, and transfer plan, effective , 25 Federal Register 2151, section (2)(a)(2), (b) of which in effect transferred from the Department of Defense to the National Aeronautics and Space Administration 12 of the 450 scientific and professional positions authorized by section 2 of Public Law 86–377 (10 U.S.C. 1581). Provisions relating to the date for reporting to Congress are based on 10 U.S.C. 1582.
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (a), is set out under section 5332 of this title.
Amendments1970–2008 · 5 rounds
2008
Subsec. (a). Pub. L. 110–372 substituted “prescribes and publishes in such form as the Director may determine” for “prescribes”.
1992
Subsec. (a). Pub. L. 102–378 struck out “(not to exceed 517)” after “positions” in first sentence and amended second sentence generally, substituting provisions authorizing establishment of positions by Director and by agency action for provisions specifying that only Director may establish positions.
1986
Pub. L. 99–386 struck out subsec. (b) relating to reports to Congress, redesignated pars. (1), (2), and (3) of subsec. (a) as subsecs. (a), (b), and (c), respectively, and substituted “subsection (a) of this section” for “paragraph (1) of this subsection” wherever appearing in subsecs. (b) and (c) as redesignated.
1978
Subsec. (a). Pub. L. 95–454, § 414(a)(2)(B), substituted provisions authorizing the Director to establish the maximum number of scientific or professional positions, excepting Senior Executive Service positions, and authorizing the Librarian to establish not more than 8 such positions for provisions authorizing the head of certain named agencies to establish a specified number of scientific or professional positions.
Subsec. (b). Pub. L. 95–454, § 414(a)(2)(B), (C), struck out subsec. (b), redesignated subsec. (c) as (b), and substituted in subsec. (b), as redesignated, “to fix under section 5361 of this title the pay for positions established under this section” for “to establish and fix the pay of positions under this section and section 5361 of this title”.
Pub. L. 95–454, § 801(a)(3)(C), substituted in subsec. (b), as redesignated, “section 5371 of this title” for “section 5361 of this title”.
Subsec. (c). Pub. L. 95–454, § 414(a)(2)(C)(i), redesignated subsec. (c) as (b).
1970
Subsec. (a)(5). Pub. L. 91–375 repealed provision for employment in Post Office Department in scientific or professional positions of not more than 6 qualified individuals.
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 , see section 2(d) of Pub. L. 110–372, set out as a note under section 5376 of this title.
Effective Date of 1978 Amendment
Amendment by section 801(a)(3)(C) of Pub. L. 95–454 effective on first day of first applicable pay period beginning on or after 90th day after , see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of this title.
Amendment by section 414(a)(2)(B), (C) of Pub. L. 95–454 effective 180 days after , see section 415(a)(3) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375 effective within 1 year after , on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
Retention Pay for Employees Subject to a Reduction in Pay Upon Termination of Bureau’s Personnel Management Demonstration Project
Pub. L. 114–113, div. B, title II, § 206, , 129 Stat. 2312, provided that: “Funds appropriated by this or any other Act, with respect to any fiscal year, under the heading ‘Bureau of Alcohol, Tobacco, Firearms and Explosives, Salaries and Expenses’ shall be available for retention pay for any employee who would otherwise be subject to a reduction in pay upon termination of the Bureau’s Personnel Management Demonstration Project (as transferred to the Attorney General by section 1115 of the Homeland Security Act of 2002, Public Law 107–296 (28 U.S.C. 599B)): Provided, That such retention pay shall comply with section 5363 of title 5, United States Code, and related Office of Personnel Management regulations, except as provided in this section: Provided further, That such retention pay shall be paid at the employee’s rate of pay immediately prior to the termination of the demonstration project and shall not be subject to the limitation set forth in section 5304(g)(1) of title 5, United States Code, and related regulations.”
Experimental Personnel Program for Scientific and Technical Personnel
Pub. L. 105–261, div. A, title XI, § 1101, , 112 Stat. 2139, as amended by Pub. L. 106–65, div. A, title X, § 1067(3), , 113 Stat. 774; Pub. L. 106–398, § 1 [[div. A] title X, § 1087(d)(6), title XI, § 1113], , 114 Stat. 1654, 1654A–293, 1654A–314; Pub. L. 108–136, div. A, title IX, § 921(g), title XI, § 1116, , 117 Stat. 1570, 1636; Pub. L. 109–364, div. A, title XI, § 1103, , 120 Stat. 2408; Pub. L. 110–181, div. A, title XI, § 1108, , 122 Stat. 358; Pub. L. 111–84, div. A, title XI, § 1104, , 123 Stat. 2485; Pub. L. 112–81, div. A, title XI, § 1110, , 125 Stat. 1615; Pub. L. 112–239, div. A, title X, § 1076(c)(2)(A)(vi), title XI, § 1102(a), , 126 Stat. 1950, 1973; Pub. L. 113–291, div. A, title XI, § 1104, , 128 Stat. 3525; Pub. L. 114–92, div. A, title X, §§ 1075(b), 1081(b)(5), , 129 Stat. 997, 1001, allowed Secretary of Defense, from , to , to carry out a program of experimental use of special personnel management authority to facilitate recruitment of eminent experts in science or engineering for certain research and development projects, prior to repeal by Pub. L. 114–328, div. A, title XI, § 1121(b), , 130 Stat. 2452. See section 4092 of Title 10, Armed Forces.
FBI Personnel Management System for Non-Special Agent Employees; Secretary of the Treasury
Pub. L. 113–235, div. B, title II, § 206, , 128 Stat. 2197, provided that: “The Attorney General is authorized to extend through , the Personnel Management Demonstration Project transferred to the Attorney General pursuant to [former] section 1115 of the Homeland Security Act of 2002 (Public Law 107–296; 28 U.S.C. 599B) without limitation on the number of employees or the positions covered.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 113–76, div. B, title II, § 206, , 128 Stat. 67.
Pub. L. 113–6, div. B, title II, § 206, , 127 Stat. 257.
Pub. L. 112–55, div. B, title II, § 206, , 125 Stat. 619.
Pub. L. 111–117, div. B, title II, § 206, , 123 Stat. 3139.
Pub. L. 111–8, div. B, title II, § 206, , 123 Stat. 585.
Pub. L. 110–161, div. B, title II, § 206, , 121 Stat. 1913.
Pub. L. 109–108, title I, § 106, , 119 Stat. 2304.
Pub. L. 108–447, div. B, title I, § 109, , 118 Stat. 2868.
Pub. L. 105–119, title I, § 122, , 111 Stat. 2469, as amended by Pub. L. 105–277, div. C, title I, § 102, , 112 Stat. 2681–585; Pub. L. 107–67, title I, § 120, , 115 Stat. 525; Pub. L. 108–7, div. J, title I, § 119, , 117 Stat. 439; Pub. L. 108–199, div. F, title II, § 216, , 118 Stat. 320; Pub. L. 108–447, div. H, title II, § 216, , 118 Stat. 3241; Pub. L. 109–115, div. A, title II, § 216, , 119 Stat. 2439; Pub. L. 110–161, div. D, title I, § 115, , 121 Stat. 1978; Pub. L. 111–8, div. D, title I, § 113, , 123 Stat. 637; Pub. L. 111–117, div. C, title I, § 113, , 123 Stat. 3166; Pub. L. 112–74, div. C, title I, § 111, , 125 Stat. 890, provided that during 3-year period beginning on , Director of the Federal Bureau of Investigation could, with approval of Attorney General, establish personnel management system providing for compensation and performance management of not more than 3,000 non-Special Agent employees to fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in Federal Bureau of Investigation, further authorized Secretary of the Treasury to establish, for period of 14 years from , personnel management demonstration project providing for compensation and performance management of not more than combined total of 950 employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in Bureau of Alcohol, Tobacco and Firearms, and further provided for submittal of reports to Congress and termination of authority to establish demonstration project on .
[Personnel management demonstration project transferred to Attorney General for continued use by Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, and Secretary of the Treasury for continued use by Tax and Trade Bureau, see section 599B of Title 28, Judiciary and Judicial Procedure.]
Termination of Authority To Establish Scientific or Professional Positions Outside the General Schedule
Pub. L. 95–454, title IV, § 414(a)(2)(A), , 92 Stat. 1177, provided that: “Notwithstanding any other provision of law (other than section 3104 of title 5, United States Code), the authority granted to an agency (as defined in section 5102(a)(1) of such title 5) to establish scientific or professional positions outside of the General Schedule is hereby terminated.”
Pub. L. 95–454, title IV, § 415(a)(3), , 92 Stat. 1179, provided that the provisions of section 414(a)(2)(A) take effect 180 days after .
Limitations on Executive Positions Not To Apply to Individuals Occupying Those Positions on October 12, 1978
Pub. L. 95–454, title IV, § 414(a)(3), , 92 Stat. 1178, provided that:
“(A) The provisions of paragraphs (1) and (2) of this subsection [amending sections 3104 and 5108 of this title] shall not apply with respect to any position so long as the individual occupying such position on the day before the date of the enactment of this Act [] continues to occupy such position.
“(B) The Director—
“(i) in establishing under section 5108 of title 5, United States Code, the maximum number of positions which may be placed in GS–16, 17, and 18 of the General Schedule, and
“(ii) in establishing under section 3104 of such title 5 the maximum number of scientific or professional positions which may be established,
shall take into account positions to which subparagraph (A) of this paragraph applies.”
[Pub. L. 95–454, title IV, § 415(a)(3), , 92 Stat. 1179, provided that the provisions of section 414(a)(3) are effective 180 days after .]
[References in laws to rates of pay for GS–16, 17, or 18, or to maximum rates of pay under General Schedule, to be considered references to rates payable under specified sections of this title, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of this title.]
Credits
1966–2008 · 7 acts
- 1966Pub. L. 89–554, , 80 Stat. 415
- 1967Pub. L. 90–83, § 1(7), , 81 Stat. 196
- 1970Pub. L. 91–375, § 6(c)(5), , 84 Stat. 776
- 1978Pub. L. 95–454, title IV, § 414(a)(2)(B), (C), title VIII, § 801(a)(3)(C), , 92 Stat. 1178, 1221
- 1986Pub. L. 99–386, title I, § 101(b), , 100 Stat. 821
- 1992Pub. L. 102–378, § 2(7), , 106 Stat. 1346
- 2008Pub. L. 110–372, § 2(c)(1), , 122 Stat. 4044.
Show as published
(Pub. L. 89–554, , 80 Stat. 415; Pub. L. 90–83, § 1(7), , 81 Stat. 196; Pub. L. 91–375, § 6(c)(5), , 84 Stat. 776; Pub. L. 95–454, title IV, § 414(a)(2)(B), (C), title VIII, § 801(a)(3)(C), , 92 Stat. 1178, 1221; Pub. L. 99–386, title I, § 101(b), , 100 Stat. 821; Pub. L. 102–378, § 2(7), , 106 Stat. 1346; Pub. L. 110–372, § 2(c)(1), , 122 Stat. 4044.)