
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3307]

 
             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
 
Sec. 3307. Competitive service; maximum-age entrance 
        requirements; exceptions
        
    (a) 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.
    (b) 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.
    (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.
    (d) 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.
    (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.
    (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).

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 419; Pub. L. 92-297, Sec. 2(a), 
May 16, 1972, 86 Stat. 141; Pub. L. 93-350, Sec. 1, July 12, 1974, 88 
Stat. 355; Pub. L. 96-347, Sec. 1(b), Sept. 12, 1980, 94 Stat. 1150; 
Pub. L. 100-238, title I, Sec. 103(a)(1), Jan. 8, 1988, 101 Stat. 1744; 
Pub. L. 105-261, div. C, title XXXI, Sec. 3154(a), Oct. 17, 1998, 112 
Stat. 2254.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 638b (less           June 27, 1956, ch.
                      proviso).                     452, Sec.  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.

                       References in Text

    For definition of Secretary, referred to in subsec. (b), see section 
2109 of this title.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-261, Sec. 3154(a)(1), substituted 
``(d), (e), and (f)'' for ``and (d)''.
    Subsec. (f). Pub. L. 105-261, Sec. 3154(a)(2), added subsec. (f).
    1988--Subsec. (d). Pub. L. 100-238, Sec. 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, Sec. 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, Sec. 1(1), inserted reference to 
subsec. (d).
    Subsec. (d). Pub. L. 93-350, Sec. 1(2), added subsec. (d).
    1972--Pub. L. 92-297 designated existing provisions as subsec. (a) 
and added subsecs. (b) and (c).


                    Effective Date of 1988 Amendment

    Section 103(f) of Pub. L. 100-238 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 January 1, 
1987.''


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12, 
1980, see section 3 of Pub. L. 96-347, set out as a note under section 
2109 of this title.


                    Effective Date of 1974 Amendment

    Section 7 of Pub. L. 93-350 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 [July 12, 
1974]. 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 December 
31, 1974. The amendment made by section 4 of this Act [amending section 
8335 of this title] shall become effective on January 1, 1978.''


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-297 effective on 90th day after May 16, 
1972, see section 10 of Pub. L. 92-297, set out as an Effective Date 
note under section 3381 of this title.


     United States Park Police; Age Limits for Original Appointments

    Pub. L. 91-73, Sept. 26, 1969, 83 Stat. 116, which provided for age 
limits for appointments to the United States Park Police, was repealed 
by Pub. L. 92-297, Sec. 11, May 16, 1972, 86 Stat. 145, effective at the 
end of the 89th day after May 16, 1972. The Secretary of the Interior 
may fix age limits for appointment under subsec. (c) of this section.

 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, Nov. 5, 1974, 39 F.R. 39427, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 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 
July 12, 1974 (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 October 15, 
1974.
