5 U.S.C. § 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)

section 3132(a) of this title The provisions of subsection (a) of this section shall not apply to any Senior Executive Service position (as defined in ).

(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.

Pub. L. 89–554Sept. 6, 196680 Stat. 415 Pub. L. 90–83, § 1(7)Sept. 11, 196781 Stat. 196 Pub. L. 91–375, § 6(c)(5)Aug. 12, 197084 Stat. 776 Pub. L. 95–454, title IV, § 414(a)(2)(B)Oct. 13, 197892 Stat. 1178 Pub. L. 99–386, title I, § 101(b)Aug. 22, 1986100 Stat. 821 Pub. L. 102–378, § 2(7)Oct. 2, 1992106 Stat. 1346 Pub. L. 110–372, § 2(c)(1)Oct. 8, 2008122 Stat. 4044(, , ; , , ; , , ; , (C), title VIII, § 801(a)(3)(C), , , 1221; , , ; , , ; , , .)

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)	5 U.S.C. 1161 (less 2d sentence of (g)).	Oct. 4, 1961, Pub. L. 87–367, § 202 “Sec. 1”, 75 Stat. 789. Oct. 11, 1962, Pub. L. 87–793, § 1001(a)(2) “(g) (less 2d sentence)”, 76 Stat. 863.
(b)	5 U.S.C. 1162(c).	Oct. 4, 1961, Pub. L. 87–367, § 202 “Sec. 2(c)”, 75 Stat. 790.
(c)	5 U.S.C. 1163.	Oct. 4, 1961, Pub. L. 87–367, § 202 “Sec. 3”, 75 Stat. 790.

In subsection (a), the authority to fix pay is omitted and carried into section 5361.

February 1, 1958In subsection (b), the words “subsequent to ” appearing in former section 1162(c) are omitted as obsolete.

Act of Aug. 1, 1947, ch. 433 61 Stat. 715Oct. 4, 1961Pub. L. 87–367, § 202 75 Stat. 789The , , as amended by the following Acts is omitted from the derivation and repealed (see Table II) as superseded by the Act of , , , which is carried into this section and sections 3325 and 5361:

June 24, 1948, ch. 624 62 Stat. 604, .

July 13, 1949, ch. 332 63 Stat. 410, .

July 31, 1956, ch. 804 70 Stat. 761 § 501(a), .

Aug. 10, 1956, ch. 1041, § 28 70A Stat. 631, .

June 20, 1958Pub. L. 85–462, § 12(a)72 Stat. 213, –(d), A.

Sept. 23, 1959Pub. L. 86–370, § 4 73 Stat. 651, , .

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
Section of title 5	Source (U.S. Code)	Source (Statutes at Large)
3104(a)(5)	5 App.: 1161(e).	July 5, 1966, Pub. L. 89–492 § 5, 80 Stat. 262.

5 U.S.C. 3104(a)(5)Public Law 89–492The amendment to reflects , section 5.

5 U.S.C. 3104 section 302 of the act of July 20, 1958 Public Law 85–568 72 Stat. 433 42 U.S.C. 2453March 15, 1960section 2 of Public Law 86–377 10 U.S.C. 1581 10 U.S.C. 1582The other amendments to are based on , (), , and transfer plan, effective , 25 Federal Register 2151, section (2)(a)(2), (b) of which in effect transferred from the Department of Defense to the National Aeronautics and Space Administration 12 of the 450 scientific and professional positions authorized by (). Provisions relating to the date for reporting to Congress are based on .

Editorial Notes

References in Text

section 5332 of this titleThe General Schedule, referred to in subsec. (a), is set out under .

Amendments

Pub. L. 110–3722008—Subsec. (a). substituted “prescribes and publishes in such form as the Director may determine” for “prescribes”.

Pub. L. 102–3781992—Subsec. (a). struck out “(not to exceed 517)” after “positions” in first sentence and amended second sentence generally, substituting provisions authorizing establishment of positions by Director and by agency action for provisions specifying that only Director may establish positions.

Pub. L. 99–3861986— struck out subsec. (b) relating to reports to Congress, redesignated pars. (1), (2), and (3) of subsec. (a) as subsecs. (a), (b), and (c), respectively, and substituted “subsection (a) of this section” for “paragraph (1) of this subsection” wherever appearing in subsecs. (b) and (c) as redesignated.

Pub. L. 95–454, § 414(a)(2)(B)1978—Subsec. (a). , substituted provisions authorizing the Director to establish the maximum number of scientific or professional positions, excepting Senior Executive Service positions, and authorizing the Librarian to establish not more than 8 such positions for provisions authorizing the head of certain named agencies to establish a specified number of scientific or professional positions.

Pub. L. 95–454, § 414(a)(2)(B)section 5361 of this title section 5361 of this titleSubsec. (b). , (C), struck out subsec. (b), redesignated subsec. (c) as (b), and substituted in subsec. (b), as redesignated, “to fix under the pay for positions established under this section” for “to establish and fix the pay of positions under this section and ”.

Pub. L. 95–454, § 801(a)(3)(C)section 5371 of this title section 5361 of this title, substituted in subsec. (b), as redesignated, “” for “”.

Pub. L. 95–454, § 414(a)(2)(C)(i)Subsec. (c). , redesignated subsec. (c) as (b).

Pub. L. 91–3751970—Subsec. (a)(5). repealed provision for employment in Post Office Department in scientific or professional positions of not more than 6 qualified individuals.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–372Oct. 8, 2008section 2(d) of Pub. L. 110–372 section 5376 of this titleAmendment by effective on the first day of the first pay period beginning on or after the 180th day following , see , set out as a note under .

Effective Date of 1978 Amendment

section 801(a)(3)(C) of Pub. L. 95–454Oct. 13, 1978section 801(a)(4) of Pub. L. 95–454 section 5361 of this titleAmendment by effective on first day of first applicable pay period beginning on or after 90th day after , see , set out as an Effective Date note under .

Pub. L. 95–454Oct. 13, 1978section 415(a)(3) of Pub. L. 95–454 section 3131 of this titleAmendment by section 414(a)(2)(B), (C) of effective 180 days after , see , set out as an Effective Date note under .

Effective Date of 1970 Amendment

Pub. L. 91–375Aug. 12, 1970section 15(a) of Pub. L. 91–375 section 101 of Title 39Amendment by effective within 1 year after , on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see , set out as an Effective Date note preceding , Postal Service.

Retention Pay for Employees Subject to a Reduction in Pay Upon Termination of Bureau’s Personnel Management Demonstration Project

Pub. L. 114–113, div. B, title II, § 206Dec. 18, 2015129 Stat. 2312

Public Law 107–296 28 U.S.C. 599BProvidedsection 5363 of title 5Provided furthersection 5304(g)(1) of title 5“Funds appropriated by this or any other Act, with respect to any fiscal year, under the heading ‘Bureau of Alcohol, Tobacco, Firearms and Explosives, Salaries and Expenses’ shall be available for retention pay for any employee who would otherwise be subject to a reduction in pay upon termination of the Bureau’s Personnel Management Demonstration Project (as transferred to the Attorney General by section 1115 of the Homeland Security Act of 2002, ()): , That such retention pay shall comply with , United States Code, and related Office of Personnel Management regulations, except as provided in this section: , That such retention pay shall be paid at the employee’s rate of pay immediately prior to the termination of the demonstration project and shall not be subject to the limitation set forth in , United States Code, and related regulations.”

, , , provided that:

Experimental Personnel Program for Scientific and Technical Personnel

Pub. L. 105–261, div. A, title XI, § 1101Oct. 17, 1998112 Stat. 2139 Pub. L. 106–65, div. A, title X, § 1067(3)Oct. 5, 1999113 Stat. 774 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 Pub. L. 108–136, div. A, title IX, § 921(g)Nov. 24, 2003117 Stat. 1570 Pub. L. 109–364, div. A, title XI, § 1103Oct. 17, 2006120 Stat. 2408 Pub. L. 110–181, div. A, title XI, § 1108Jan. 28, 2008122 Stat. 358 Pub. L. 111–84, div. A, title XI, § 1104Oct. 28, 2009123 Stat. 2485 Pub. L. 112–81, div. A, title XI, § 1110Dec. 31, 2011125 Stat. 1615 Pub. L. 112–239, div. A, title X, § 1076(c)(2)(A)(vi)Jan. 2, 2013126 Stat. 1950 Pub. L. 113–291, div. A, title XI, § 1104Dec. 19, 2014128 Stat. 3525 Pub. L. 114–92, div. A, title XNov. 25, 2015129 Stat. 997Oct. 17, 1998Sept. 30, 2019Pub. L. 114–328, div. A, title XI, § 1121(b)Dec. 23, 2016130 Stat. 2452 section 4092 of Title 10, , , as amended by , , ; title X, § 1087(d)(6), title XI, § 1113], , , 1654A–293, 1654A–314; , title XI, § 1116, , , 1636; , , ; , , ; , , ; , , ; , title XI, § 1102(a), , , 1973; , , ; , §§ 1075(b), 1081(b)(5), , , 1001, allowed Secretary of Defense, from , to , to carry out a program of experimental use of special personnel management authority to facilitate recruitment of eminent experts in science or engineering for certain research and development projects, prior to repeal by , , . See , Armed Forces.

FBI Personnel Management System for Non-Special Agent Employees; Secretary of the Treasury

Pub. L. 113–235, div. B, title II, § 206Dec. 16, 2014128 Stat. 2197

September 30, 2015Public Law 107–296 28 U.S.C. 599B“The Attorney General is authorized to extend through , the Personnel Management Demonstration Project transferred to the Attorney General pursuant to [former] section 1115 of the Homeland Security Act of 2002 (; ) without limitation on the number of employees or the positions covered.”

, , , provided that:

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 113–76, div. B, title II, § 206Jan. 17, 2014128 Stat. 67, , .

Pub. L. 113–6, div. B, title II, § 206Mar. 26, 2013127 Stat. 257, , .

Pub. L. 112–55, div. B, title II, § 206Nov. 18, 2011125 Stat. 619, , .

Pub. L. 111–117, div. B, title II, § 206Dec. 16, 2009123 Stat. 3139, , .

Pub. L. 111–8, div. B, title II, § 206Mar. 11, 2009123 Stat. 585, , .

Pub. L. 110–161, div. B, title II, § 206Dec. 26, 2007121 Stat. 1913, , .

Pub. L. 109–108, title I, § 106Nov. 22, 2005119 Stat. 2304, , .

Pub. L. 108–447, div. B, title I, § 109Dec. 8, 2004118 Stat. 2868, , .

Pub. L. 105–119, title I, § 122Nov. 26, 1997111 Stat. 2469 Pub. L. 105–277, div. C, title I, § 102Oct. 21, 1998112 Stat. 2681–585 Pub. L. 107–67, title I, § 120Nov. 12, 2001115 Stat. 525 Pub. L. 108–7, div. J, title I, § 119Feb. 20, 2003117 Stat. 439 Pub. L. 108–199, div. F, title II, § 216Jan. 23, 2004118 Stat. 320 Pub. L. 108–447, div. H, title II, § 216Dec. 8, 2004118 Stat. 3241 Pub. L. 109–115, div. A, title II, § 216Nov. 30, 2005119 Stat. 2439 Pub. L. 110–161, div. D, title I, § 115Dec. 26, 2007121 Stat. 1978 Pub. L. 111–8, div. D, title I, § 113Mar. 11, 2009123 Stat. 637 Pub. L. 111–117, div. C, title I, § 113Dec. 16, 2009123 Stat. 3166 Pub. L. 112–74, div. C, title I, § 111Dec. 23, 2011125 Stat. 890Nov. 26, 1997Oct. 21, 1998Nov. 26, 2000, , , as amended by , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , , provided that during 3-year period beginning on , Director of the Federal Bureau of Investigation could, with approval of Attorney General, establish personnel management system providing for compensation and performance management of not more than 3,000 non-Special Agent employees to fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in Federal Bureau of Investigation, further authorized Secretary of the Treasury to establish, for period of 14 years from , personnel management demonstration project providing for compensation and performance management of not more than combined total of 950 employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in Bureau of Alcohol, Tobacco and Firearms, and further provided for submittal of reports to Congress and termination of authority to establish demonstration project on .

section 599B of Title 28[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 , Judiciary and Judicial Procedure.]

Termination of Authority To Establish Scientific or Professional Positions Outside the General Schedule

Pub. L. 95–454, title IV, § 414(a)(2)(A)Oct. 13, 197892 Stat. 1177

section 3104 of title 5“Notwithstanding any other provision of law (other than , United States Code), the authority granted to an agency (as defined in section 5102(a)(1) of such title 5) to establish scientific or professional positions outside of the General Schedule is hereby terminated.”

, , , provided that:

Pub. L. 95–454, title IV, § 415(a)(3)Oct. 13, 197892 Stat. 1179Oct. 13, 1978, , , provided that the provisions of section 414(a)(2)(A) take effect 180 days after .

October 12, 1978Limitations on Executive Positions Not To Apply to Individuals Occupying Those Positions on

Pub. L. 95–454, title IV, § 414(a)(3)Oct. 13, 197892 Stat. 1178

“(A)

Oct. 13, 1978 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 [] continues to occupy such position.

“(B)

The Director—

“(i)

section 5108 of title 5 in establishing under , 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.”

, , , provided that:

Pub. L. 95–454, title IV, § 415(a)(3)Oct. 13, 197892 Stat. 1179Oct. 13, 1978[, , , provided that the provisions of section 414(a)(3) are effective 180 days after .]

Pub. L. 101–509 section 5376 of this title[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 , set out in a note under .]