 
                   CHAPTER 48--DEPARTMENT OF EDUCATION
 
                SUBCHAPTER IV--ADMINISTRATIVE PROVISIONS
 
                      Part A--Personnel Provisions
 
Sec. 3461. Officers and employees


(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, 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) At the request of the Secretary, the Director of the Office of 
Personnel Management shall, under section 3104 of title 5, provide for 
the establishment in the Office created by section 3419 of this title of 
a number of scientific, professional, and technical positions outside of 
the General Schedule equal to the number of such positions 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.
    (3) Appointments to positions provided for under this subsection may 
be made without regard to the provisions of section 3324 of title 5, 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 position 
shall terminate when the person first appointed to fill such position 
ceases to hold such position.
    (5) For purposes of section 414(a)(3)(A) of the Civil Service Reform 
Act of 1978, an individual appointed under this subsection shall be 
deemed to occupy the same position as the individual occupied on the day 
preceding May 4, 1980.

(c) Repealed. Pub. L. 99-498, title XIV, Sec. 1401(d), Oct. 17, 1986, 
        100 Stat. 1597

(d) Senior Executive Service

    Notwithstanding any other provision of law, the Director of the 
Office of Personnel Management shall establish positions within the 
Senior Executive Service for 15 limited-term appointees. The Secretary 
shall appoint individuals to such positions as provided by section 3394 
of title 5. Such positions shall expire on the later of three years 
after May 4, 1980, or three years after the initial appointment to each 
position. Positions in effect under this subsection shall be taken into 
account in applying the limitations on positions prescribed under 
section 3134(e) and section 5108 of such title.

(e) Indian preference laws

    Nothing in this chapter shall be construed to prevent the 
application of any Indian preference law in effect on the day before 
October 17, 1979, to any function or office transferred by this chapter 
and subject to any such law on the day before October 17, 1979. Any 
function or office transferred by this chapter and subject to any such 
law shall continue to be subject to any such law.

(Pub. L. 96-88, title IV, Sec. 401, Oct. 17, 1979, 93 Stat. 681; Pub. L. 
99-145, title XII, Sec. 1204(a)(1), Nov. 8, 1985, 99 Stat. 720; Pub. L. 
99-498, title XIV, Sec. 1401(d), Oct. 17, 1986, 100 Stat. 1597; Pub. L. 
103-382, title II, Sec. 271(a)(3)(A), Oct. 20, 1994, 108 Stat. 3929.)

                       References in Text

    The civil service laws, referred to in subsec. (a), are set forth in 
Title 5, Government Organization and Employees. See, particularly, 
section 3301 et seq. of Title 5.
    Section 414(a)(3)(A) of the Civil Service Reform Act of 1978, 
referred to in subsec. (b)(5), is section 414(a)(3)(A) of Pub. L. 95-
454, title IV, Oct. 13, 1978, 92 Stat. 1178, which is set out as a note 
under sections 3104 and 5108 of Title 5.

                          Codification

    In subsecs. (a) and (d), ``May 4, 1980'' substituted for ``the 
effective date of this chapter'' pursuant to section 601 of Pub. L. 96-
88, set out as an Effective Date note under section 3401 of this title.


                               Amendments

    1994--Subsec. (b)(2). Pub. L. 103-382 made technical amendment to 
reference to section 3419 of this title to reflect renumbering of 
corresponding section of original act.
    1986--Subsec. (c). Pub. L. 99-498 struck out subsec. (c) which read 
as follows: ``The Secretary may appoint, without regard to the 
provisions of title 5 governing appointment in the competitive service, 
up to 175 scientific, technical, or professional employees of the Office 
created by section 3419 of this title and may compensate employees so 
appointed without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of title 5 relating to classification and General 
Schedule pay rates. The rate of basic compensation for such employees 
shall not be equal to or in excess of the minimum rate of pay currently 
paid for GS-16 of the General Schedule under section 5332 of such 
title.''
    1985--Subsec. (f). Pub. L. 99-145 struck out subsec. (f) which 
deemed any reference to ``civilian component'' as including a reference 
to overseas personnel of the overseas dependents' education system for 
purposes of any status of forces agreement between the United States and 
any other country or any international organization.


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.
