Title 5 — Government Organization and Employees
Part III · Chapter 33 — Examination, Selection, and Placement
§ 3307. Competitive service; maximum-age entrance requirements; exceptions
Statutory text
Except as provided in subsections (b), (c), (d), (e), and (f) of this section appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service.
The Secretary may, with the concurrence of such agent as the President may designate, determine and fix the maximum limit of age within which an original appointment to a position as an air traffic controller may be made.
The Secretary of the Interior may determine and fix the minimum and maximum limits of age within which original appointments to the United States Park Police may be made.
The head of any agency may determine and fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section 8331(20) and (21), respectively, of this title.
Except as provided in paragraph (2), the head of an agency may determine and fix the maximum age limit for an original appointment to a position as a firefighter or law enforcement officer, as defined by section 8401(14) or (17), respectively, of this title.
In the case of the conversion of an agency function from performance by a contractor to performance by an employee of the agency, the head of the agency, in consultation with the Director of the Office of Personnel Management, may waive any maximum limit of age, determined or fixed for positions within such agency under paragraph (1), if necessary in order to promote the recruitment or appointment of experienced personnel.
For purposes of this paragraph—
the term “agency” means the Department of Defense or a military department; and
the term “head of the agency” means—
in the case of the Department of Defense, the Secretary of Defense; and
in the case of a military department, the Secretary of such military department.
The Secretary of Energy may determine and fix the maximum age limit for an original appointment to a position as a nuclear materials courier, as defined by section 8331(27) or 8401(33).
The Secretary of Homeland Security may determine and fix the maximum age limit for an original appointment to a position as a customs and border protection officer, as defined by section 8401(36).
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. § 3307
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419Pub. L. 92–297 § 2(a) · 86 Stat. 141
Amended · 5 U.S.C. § 3307
Pub. L. 92–297 designated existing provisions as subsec. (a)
Added · 5 U.S.C. § 3307
Pub. L. 92–297 added subsecs. (b) and (c)
Source evidence
Code amendment note
Pub. L. 92–297 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).Enacted provision · exact public law section
(a) Section 3307 of title 5, United States Code, is amended to read as follows: “§ 3307. Competitive service; maximum-age entrance requirements; exceptions “(a) Except as provided in subsections (b) and (c) of this section, appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service. “(b) The Secretary of Transportation may, with the concurrence of such agent as the President may designate, determine and fix the maximum limit of age within which an original appointment to a position as an air traffic controller may be made. “(c) The Secretary of the Interior may determine and fix the minimum and maximum limits of age within which original appointments to the United States Park Police may be made.”.Pub. L. 93–350 § 1(1) · 88 Stat. 355
Inserted · 5 U.S.C. § 3307(a)
Pub. L. 93–350, § 1(1), inserted reference to subsec. (d)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 93–350, § 1(1), inserted reference to subsec. (d).Enacted provision · exact public law section
(1) by striking out in subsection (a) thereof “subsections (b) and (c)” and inserting in lieu thereof “subsections (b) , (c), and (d)” ; andPub. L. 93–350 § 1(2) · 88 Stat. 355
Added · 5 U.S.C. § 3307(d)
Pub. L. 93–350, § 1(2), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 93–350, § 1(2), added subsec. (d).Enacted provision · exact public law section
(1) by striking out in subsection (a) thereof “subsections (b) and (c)” and inserting in lieu thereof “subsections (b) , (c), and (d)” ; andPub. L. 96–347 § 1(b) · 94 Stat. 1150
Substituted · 5 U.S.C. § 3307(b)
Pub. L. 96–347 substituted “Secretary” for “Secretary of Transportation”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–347 substituted “Secretary” for “Secretary of Transportation”.Enacted provision · exact public law section
(1) Section 3381(c)(1) of title 5, United States Code, is amended by striking out “in the Department of Transportation” and inserting in lieu thereof “in the Executive agency in which the controller is employed”.Pub. L. 100–238 § 103(a)(1)(A) · 101 Stat. 1744
Substituted · 5 U.S.C. § 3307(d)
Pub. L. 100–238, § 103(a)(1)(A), substituted “may” for “may, with the concurrence of such agent as the President may designate,”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 100–238, § 103(a)(1)(A), substituted “may” for “may, with the concurrence of such agent as the President may designate,”.Enacted provision · exact public law section
(A) in subsection (d), by striking “may, with the concurrence of such agent as the President may designate,” and inserting in lieu thereof “may”; andPub. L. 100–238 § 103(a)(1)(B) · 101 Stat. 1744
Added · 5 U.S.C. § 3307(e)
Pub. L. 100–238, § 103(a)(1)(B), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 100–238, § 103(a)(1)(B), added subsec. (e).Enacted provision · exact public law section
(B) by adding at the end the following: “(e) The head of an agency may determine and fix the maximum age limit for an original appointment to a position as a firefighter or law enforcement officer, as defined by section 8401 (14) or (17), respectively, of this title.”.Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
Pub. L. 105–261 § 3154(a)(1) · 112 Stat. 1920
Substituted · 5 U.S.C. § 3307(a)
Pub. L. 105–261, § 3154(a)(1), substituted “(d), (e), and (f)” for “and (d)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–261, § 3154(a)(1), substituted “(d), (e), and (f)” for “and (d)”.Enacted provision · exact public law section
(1) in subsection (a), by striking “and (d)” and inserting “(d), (e), and (f)”; andStrom Thurmond National Defense Authorization Act for Fiscal Year 1999
Pub. L. 105–261 § 3154(a)(2) · 112 Stat. 1920
Added · 5 U.S.C. § 3307(f)
Pub. L. 105–261, § 3154(a)(2), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 105–261, § 3154(a)(2), added subsec. (f).Enacted provision · exact public law section
(2) by adding at the end the following: “(f) The Secretary of Energy may determine and fix the maximum age limit for an original appointment to a position as a nuclear materials courier, as defined by section 8331(27) or 8401(33).”.Consolidated Appropriations Act, 2008
Pub. L. 110–161 div. E title V § 535(c) · 121 Stat. 1844
Added · 5 U.S.C. § 3307(g)
Pub. L. 110–161 added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 110–161 added subsec. (g).Enacted provision · exact public law section
Sec. 535. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.Effective date note
Pub. L. 110–161, div. E, title V, § 535(e), Dec. 26, 2007, 121 Stat. 2077, provided that:National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 div. A title XI § 1107 · 125 Stat. 1298
Amended · 5 U.S.C. § 3307(e)
Pub. L. 112–81 designated existing provisions as par. (1)
Substituted · 5 U.S.C. § 3307(e)
Pub. L. 112–81 substituted “Except as provided in paragraph (2), the” for “The”
Added · 5 U.S.C. § 3307(e)
Pub. L. 112–81 added par. (2)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 112–81 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the” for “The”, and added par. (2).Enacted provision · exact public law section
SEC. 1107. AUTHORITY TO WAIVE MAXIMUM-AGE LIMIT FOR CERTAIN APPOINTMENTS. Section 3307(e) of title 5, United States Code, is amended— (1) by striking “(e) The” and inserting “(e)(1) Except as provided in paragraph (2), the”; and (2) by adding at the end the following: “(2) (A) In the case of the conversion of an agency function from performance by a contractor to performance by an employee of the agency, the head of the agency, in consultation with the Director of the Office of Personnel Management, may waive any maximum limit of age, determined or fixed for positions within such agency under paragraph (1), if necessary in order to promote the recruitment or appointment of experienced personnel. “(B) For purposes of this paragraph— “(i) the term ‘agency’ means the Department of Defense or a military department; and “(ii) the term ‘head of the agency’ means— “(I) in the case of the Department of Defense, the Secretary of Defense; and “(II) in the case of a military department, the Secretary of such military department.” .
13 of 14 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| 5 U.S.C. 638b (less proviso). | June 27, 1956, ch. 452, § 302 (less proviso), 70 Stat. 355. | |
The prohibition is restated in positive form. The word “officers” is omitted as included in “employees” in view of the definition of “employee” in section 2105.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
For definition of Secretary, referred to in subsec. (b), see section 2109 of this title.
Amendments1972–2011 · 7 rounds
2011
Subsec. (e). Pub. L. 112–81 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the” for “The”, and added par. (2).
2007
Subsec. (g). Pub. L. 110–161 added subsec. (g).
1998
Subsec. (a). Pub. L. 105–261, § 3154(a)(1), substituted “(d), (e), and (f)” for “and (d)”.
Subsec. (f). Pub. L. 105–261, § 3154(a)(2), added subsec. (f).
1988
Subsec. (d). Pub. L. 100–238, § 103(a)(1)(A), substituted “may” for “may, with the concurrence of such agent as the President may designate,”.
Subsec. (e). Pub. L. 100–238, § 103(a)(1)(B), added subsec. (e).
1980
Subsec. (b). Pub. L. 96–347 substituted “Secretary” for “Secretary of Transportation”.
1974
Subsec. (a). Pub. L. 93–350, § 1(1), inserted reference to subsec. (d).
Subsec. (d). Pub. L. 93–350, § 1(2), added subsec. (d).
1972
Pub. L. 92–297 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment; Transition Rules
Pub. L. 110–161, div. E, title V, § 535(e), , 121 Stat. 2077, provided that:
“(1) Effective date.—
The amendments made by this section [amending this section and sections 8331, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425 of this title] shall become effective on the later of , or the first day of the first pay period beginning at least 6 months after the date of the enactment of this Act [].
“(2) Transition rules.—
“(A) Nonapplicability of mandatory separation provisions to certain individuals.—
The amendments made by subsections (a)(3) and (b)(6) [amending sections 8335 and 8425 of this title], respectively, shall not apply to an individual first appointed as a customs and border protection officer before the effective date under paragraph (1).
“(B) Treatment of prior cbpo service.—
“(i) General rule.—
Except as provided in clause (ii), nothing in this section [amending this section and sections 8331, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425 of this title and enacting provisions set out as a note under this section] or any amendment made by this section shall be considered to apply with respect to any service performed as a customs and border protection officer before the effective date under paragraph (1).
“(ii) Exception.—
Service described in section 8331(31) or 8401(36) of title 5, United States Code (as amended by this section) rendered before the effective date under paragraph (1) may be taken into account to determine if an individual who is serving on or after such effective date then qualifies as a customs and border protection officer by virtue of holding a supervisory or administrative position in the Department of Homeland Security.
“(C) Minimum annuity amount.—
The annuity of an individual serving as a customs and border protection officer on the effective date under paragraph (1) pursuant to an appointment made before that date shall, to the extent that its computation is based on service rendered as a customs and border protection officer on or after that date, be at least equal to the amount that would be payable—
“(i) to the extent that such service is subject to the Civil Service Retirement System, by applying section 8339(d) of title 5, United States Code, with respect to such service; and
“(ii) to the extent such service is subject to the Federal Employees’ Retirement System, by applying section 8415(d) [now 8415(e)] of title 5, United States Code, with respect to such service.
“(D) Rule of construction.—
Nothing in the amendment made by subsection (c) [amending this section] shall be considered to apply with respect to any appointment made before the effective date under paragraph (1).
“(3) Election.—
“(A) Incumbent defined.—
For purposes of this paragraph, the term ‘incumbent’ means an individual who is serving as a customs and border protection officer on the date of the enactment of this Act.
“(B) Notice requirement.—
Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall take measures reasonably designed to ensure that incumbents are notified as to their election rights under this paragraph, and the effect of making or not making a timely election.
“(C) Election available to incumbents.—
“(i) In general.—
An incumbent may elect, for all purposes, either—
“(I) to be treated in accordance with the amendments made by subsection (a) or (b) [amending sections 8331, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425 of this title], as applicable; or
“(II) to be treated as if subsections (a) and (b) had never been enacted.
“Failure to make a timely election under this paragraph shall be treated in the same way as an election made under subclause (I) on the last day allowable under clause (ii).
“(ii) Deadline.—
An election under this paragraph shall not be effective unless it is made at least 14 days before the effective date under paragraph (1).
“(4) Definition.—
For purposes of this subsection, the term ‘customs and border protection officer’ has the meaning given such term by section 8331(31) or 8401(36) of title 5, United States Code (as amended by this section).
“(5) Exclusion.—
Nothing in this section or any amendment made by this section shall be considered to afford any election or to otherwise apply with respect to any individual who, as of the day before the date of the enactment of this Act—
“(A) holds a position within U.S. Customs and Border Protection; and
“(B) is considered a law enforcement officer for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, by virtue of such position.”
Effective Date of 1988 Amendment
Pub. L. 100–238, title I, § 103(f), , 101 Stat. 1745, provided that: “This section, and the amendments made by this section [amending this section and sections 8401 and 8704 of this title and enacting provisions set out as a note under section 8334 of this title], shall be effective as of .”
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–347 effective on 90th day after , see section 3 of Pub. L. 96–347, set out as a note under section 2109 of this title.
Effective Date of 1974 Amendment
Pub. L. 93–350, § 7, , 88 Stat. 356, provided that: “The amendments made by the first section [amending this section], and sections 2(b), 5, and 6 [amending sections 8331, 8336, and 8339 of this title], of this Act shall become effective on the date of enactment of this Act []. The amendments made by sections 2(a) and 3 [amending sections 8331 and 8334 of this title] of this Act shall become effective at the beginning of the first applicable pay period which begins after . The amendment made by section 4 of this Act [amending section 8335 of this title] shall become effective on .”
Effective Date of 1972 Amendment
Amendment by Pub. L. 92–297 effective on 90th day after , see section 10 of Pub. L. 92–297, set out as an Effective Date note under section 3381 of this title.
Regulations
Pub. L. 110–161, div. E, title V, § 535(d), , 121 Stat. 2077, provided that: “Any regulations necessary to carry out the amendments made by this section [amending this section and sections 8331, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425 of this title] shall be prescribed by the Director of the Office of Personnel Management in consultation with the Secretary of Homeland Security.”
United States Park Police; Age Limits for Original Appointments
Pub. L. 91–73, , 83 Stat. 116, which provided for age limits for appointments to the United States Park Police, was repealed by Pub. L. 92–297, § 11, , 86 Stat. 145, effective at the end of the 89th day after . The Secretary of the Interior may fix age limits for appointment under subsec. (c) of this section.
Executive Documents
Ex. Ord. No. 11817. Office of Personnel Management Designated Agent To Concur With Agency Determination Fixing Age Limits for Making Original Appointments Respecting Law Enforcement Officer and Firefighter Positions
Ex. Ord. No. 11817, , 39 F.R. 39427, as amended by Ex. Ord. No. 12107, , 44 F.R. 1055, provided:
By virtue of the authority vested in me by section 3307(d) of title 5 of the United States Code, as added by the first section of the Act of (Public Law 93–350; 88 Stat. 355), I hereby designate the Office of Personnel Management as the agency to concur with determinations made by agencies to fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section 8331(20) and (21), respectively, of title 5 of the United States Code. The designation made by this order shall be effective as of .
Credits
1966–2011 · 8 acts
- 1966Pub. L. 89–554, , 80 Stat. 419
- 1972Pub. L. 92–297, § 2(a), , 86 Stat. 141
- 1974Pub. L. 93–350, § 1, , 88 Stat. 355
- 1980Pub. L. 96–347, § 1(b), , 94 Stat. 1150
- 1988Pub. L. 100–238, title I, § 103(a)(1), , 101 Stat. 1744
- 1998Pub. L. 105–261, div. C, title XXXI, § 3154(a), , 112 Stat. 2254
- 2007Pub. L. 110–161, div. E, title V, § 535(c), , 121 Stat. 2076
- 2011Pub. L. 112–81, div. A, title XI, § 1107, , 125 Stat. 1614.
Show as published
(Pub. L. 89–554, , 80 Stat. 419; Pub. L. 92–297, § 2(a), , 86 Stat. 141; Pub. L. 93–350, § 1, , 88 Stat. 355; Pub. L. 96–347, § 1(b), , 94 Stat. 1150; Pub. L. 100–238, title I, § 103(a)(1), , 101 Stat. 1744; Pub. L. 105–261, div. C, title XXXI, § 3154(a), , 112 Stat. 2254; Pub. L. 110–161, div. E, title V, § 535(c), , 121 Stat. 2076; Pub. L. 112–81, div. A, title XI, § 1107, , 125 Stat. 1614.)