Title 5 — Government Organization and EmployeesRelease 119-73
§3324 Appointments to positions classified above GS–15
Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart B— - Employment and Retention › Chapter CHAPTER 33— - EXAMINATION, SELECTION, AND PLACEMENT › Subchapter SUBCHAPTER I— - EXAMINATION, CERTIFICATION, AND APPOINTMENT › § 3324
Summary
Appointments to jobs above GS–15 under section 5108 must have the Director of the Office of Personnel Management approve the person’s qualifications. The agency must set the qualification standards, and those standards must follow rules the OPM Director requires. The rule does not apply to four kinds of jobs: ones filled by the Chief Judge of the U.S. Tax Court, by the President, or by the Librarian of Congress; and jobs paid from certain Executive Office of the President appropriations (under the headings “The White House Office”, “Special Projects”, “Council of Economic Advisers”, or “National Security Council”) or from the “Emergency Fund for the President” in the Treasury, Post Office, and Executive Office Appropriation Act, 1966, or later similar laws. The OPM may make rules to carry out these requirements.
Full Legal Text
Title 5, §3324
Government Organization and Employees — Source: USLM XML via OLRC
(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 Director of the Office of Personnel Management on the basis of qualification standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director. 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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1105(i).
June 20, 1958, Pub. L. 85–462, § 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, § 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 section 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 ActThis section amends 5 U.S.C. 3324(a)(4)(A) to correct typographical errors.
Editorial Notes
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
2008—Subsec. (a). Pub. L. 110–372 substituted “the Director of the Office of Personnel Management on the basis of qualification standards developed by the agency involved in accordance with criteria specified in
Regulations
prescribed by the Director” for “the Office of Personnel Management” in introductory provisions. 1992—Pub. L. 102–378, § 2(11)(A), substituted “GS–15” for “GA–15” in section catchline. Subsec. (a)(1). Pub. L. 102–378, § 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, § 529 [title I, § 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, § 529 [title I, § 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”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2008 AmendmentAmendment by Pub. L. 110–372 effective on the first day of the first pay period beginning on or after the 180th day following Oct. 8, 2008, see section 2(d) of Pub. L. 110–372, set out as a note under section 5376 of this title.
Effective Date
of 1992 AmendmentAmendment 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 AmendmentAmendment 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, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.
Effective Date
of 1979 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
5 U.S.C. § 3324
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73