§3104. Employment of specially qualified scientific and professional personnel
(a) 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.
(b) 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).
(c) 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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | 5 U.S.C. 1161 (less 2d sentence of (g)). | Oct. 4, 1961,
Oct. 11, 1962,
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(b) | 5 U.S.C. 1162(c). | Oct. 4, 1961,
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(c) | 5 U.S.C. 1163. | Oct. 4, 1961,
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In subsection (a), the authority to fix pay is omitted and carried into section 5361.
In subsection (b), the words "subsequent to February 1, 1958" appearing in former section 1162(c) are omitted as obsolete.
The Act of Aug. 1, 1947, ch. 433,
June 24, 1948, ch. 624,
July 13, 1949, ch. 332,
July 31, 1956, ch. 804 §501(a),
Aug. 10, 1956, ch. 1041, §28,
June 20, 1958,
Sept. 23, 1959,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3104(a)(5) | 5 App.: 1161(e). | July 5, 1966, |
The amendment to 5 U.S.C. 3104(a)(5) reflects
The other amendments to 5 U.S.C. 3104 are based on section 302 of the act of July 20, 1958,
Amendments
2008-Subsec. (a).
1992-Subsec. (a).
1986-
1978-Subsec. (a).
Subsec. (b).
Subsec. (c).
1970-Subsec. (a)(5).
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by section 801(a)(3)(C) of
Amendment by section 414(a)(2)(B), (C) of
Effective Date of 1970 Amendment
Amendment by
Experimental Personnel Program for Scientific and Technical Personnel
"(a)
"(b)
"(1) without regard to any provision of title 5, United States Code, governing the appointment of employees in the civil service, appoint scientists and engineers from outside the civil service and uniformed services (as such terms are defined in section 2101 of such title) to-
"(A) not more than 40 scientific and engineering positions in the Defense Advanced Research Projects Agency;
"(B) not more than 40 scientific and engineering positions in the designated laboratories of each of the military services;
"(C) not more than a total of 10 scientific and engineering positions in the National Geospatial-Intelligence Agency and the National Security Agency; and
"(D) not more than a total of 10 scientific and engineering positions in the Office of the Assistant Secretary of Defense for Research and Engineering;
"(2) prescribe the rates of basic pay for positions to which employees are appointed under paragraph (1) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5, United States Code, as increased by locality-based comparability payments under section 5304 of such title, notwithstanding any provision of such title governing the rates of pay or classification of employees in the executive branch; and
"(3) pay any employee appointed under paragraph (1) payments in addition to basic pay within the limit applicable to the employee under subsection (d).
"(c)
"(2) The Secretary may, in the case of a particular employee, extend the period to which service is limited under paragraph (1) by up to 2 years if the Secretary determines that such action is necessary to promote the efficiency of the Defense Advanced Research Projects Agency.
"(d)
"(A) $50,000 in fiscal year 2010, which may be adjusted annually thereafter by the Secretary, with a percentage increase equal to one-half of 1 percentage point less than the percentage by which the Employment Cost Index, published quarterly by the Bureau of Labor Statistics, for the base quarter of the year before the preceding calendar year exceeds the Employment Cost Index for the base quarter of the second year before the preceding calendar year.
"(B) The amount equal to 50 percent of the employee's annual rate of basic pay.
"(2) In paragraph (1), the term 'base quarter' has the meaning given that term in section 5302(3) of title 5, United States Code.
"(3) Notwithstanding any other provision of this section or section 5307 of title 5, United States Code, no additional payments may be paid to an employee under subsection (b)(3) in any calendar year if, or to the extent that, the employee's total annual compensation in such calendar year will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3, United States Code.
"(4) An employee appointed under the program is not eligible for any bonus, monetary award, or other monetary incentive for service under the appointment other than payments authorized by this section.
"(e)
"(2) After the termination of the program-
"(A) no appointment may be made under paragraph (1) of subsection (b);
"(B) a rate of basic pay prescribed under paragraph (2) of that subsection may not take effect for a position; and
"(C) no period of service may be extended under subsection (c)(2).
"(f)
"(1) the termination of the program does not terminate the employee's employment in that position before the expiration of the lesser of-
"(A) the period for which the employee was appointed; or
"(B) the period to which the employee's service is limited under subsection (c), including any extension made under paragraph (2) of that subsection before the termination of the program; and
"(2) the rate of basic pay prescribed for the position under subsection (b)(2) may not be reduced for so long (within the period applicable to the employee under paragraph (1)) as the employee continues to serve in the position without a break in service.
"(g)
"(B) The committees of Congress specified in this subparagraph are-
"(i) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
"(ii) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.
"(2) The annual report shall contain, for the period covered by the report, the following:
"(A) A detailed discussion of the exercise of authority under this section.
"(B) The sources from which individuals appointed under subsection (b)(1) were recruited.
"(C) The methodology used for identifying and selecting such individuals.
"(D) Any additional information that the Secretary considers helpful for assessing the utility of the authority under this section."
[Except as otherwise provided, reference to maximum rate under section 5376 of this title before first day of first pay period beginning on or after 180th day after Oct. 8, 2008, considered reference to basic pay rate for level IV of Executive Schedule (5 U.S.C. 5315) and reference to maximum rate on or after first day of first pay period beginning on or after 180th day after Oct. 8, 2008, considered reference to basic pay rate for level III of Executive Schedule (5 U.S.C. 5314), or for level II of the Executive Schedule (5 U.S.C. 5313) for certain employees, see section 2(d)(3) of
FBI Personnel Management System for Non-Special Agent Employees; Secretary of the Treasury
Similar provisions were contained in the following prior appropriation acts:
[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
Section 414(a)(2)(A) of
Section 415(a)(3) of
Limitations on Executive Positions Not To Apply to Individuals Occupying Those Positions on October 12, 1978
Section 414(a)(3) of
"(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 [Oct. 13, 1978] 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."
[Section 415(a)(3) of
[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