
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3324]

 
             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. 3324. Appointments to positions classified above GS-15

    (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 Office of Personnel Management. 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422; Pub. L. 90-83, Sec. 1(10), 
Sept. 11, 1967, 81 Stat. 197; Pub. L. 95-454, title IX, Sec. 906(a)(2), 
(3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-54, Sec. 2(a)(17), Aug. 
14, 1979, 93 Stat. 382; Pub. L. 101-509, title V, Sec. 529 [title I, 
Sec. 101(b)(9)(C)(i), (ii)], Nov. 5, 1990, 104 Stat. 1427, 1441; Pub. L. 
102-378, Sec. 2(11), Oct. 2, 1992, 106 Stat. 1347.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 1105(i).             June 20, 1958, Pub.
                                                    L. 85-462, Sec.  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, Sec. 2(a), effective July 1, 1958, 72 Stat. 
1799, as amended Aug. 26, 1958, Pub. L. 85-763, 72 Stat. 861, and Sept. 
22, 1961, Pub. L. 87-296, 75 Stat. 630. Reference to ``President's 
Advisory Committee on Government Organization'' is omitted since the 
Committee was abolished by Executive Order No. 10917, February 10, 1961.
    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.

                            1967 Act

    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, June 30, 1965, 
79 Stat. 196. For classification of this Act to the Code, see Tables.


                               Amendments

    1992--Pub. L. 102-378, Sec. 2(11)(A), substituted ``GS-15'' for 
``GA-15'' in section catchline.
    Subsec. (a)(1). Pub. L. 102-378, Sec. 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, Sec. 529 [title I, Sec. 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, Sec. 529 [title I, 
Sec. 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 1992 Amendment

    Amendment by Pub. L. 102-378 effective May 4, 1991, see section 
9(b)(4) of Pub. L. 102-378, set out as a note under section 6303 of this 
title.


                    Effective Date of 1990 Amendment

    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 Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-83 effective as of Sept. 6, 1966, for all 
purposes, see section 9(h) of Pub. L. 90-83, set out as a note under 
section 5102 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1204, 1212, 7204 of this 
title; title 10 sections 4540, 7212, 9540; title 20 section 3461; title 
42 section 7231.
