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Title 5 — Government Organization and EmployeesRelease 119-73

§3325 Appointments to scientific and professional positions

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 › § 3325

Last updated Apr 6, 2026|Official source

Summary

Positions created under section 3104 are part of the competitive service, but agencies can hire for those jobs without a competitive exam if the Office of Personnel Management (OPM) approves the person’s qualifications. OPM’s approval must be based on standards the agency sets that follow OPM’s rules. It does not apply to jobs under section 3104(c). The OPM Director must write any regulations needed to carry out these rules.

Full Legal Text

Title 5, §3325

Government Organization and Employees — Source: USLM XML via OLRC

(a)Positions established under section 3104 of this title are in the competitive service. However, appointments to the positions are made without competitive examination on approval of the qualifications of the proposed appointee by the Office of Personnel Management on the basis of standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director of the Office of Personnel Management.
(b)This section does not apply to positions established under section 3104(c).
(c)The Director of the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out the purpose of this section.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 1162(a).Oct. 4, 1961, Pub. L. 87–367, § 202 “Sec. 2(a)”, 75 Stat. 790. (b)5 U.S.C. 1161(g) (2d sentence).Oct. 11, 1962, Pub. L. 87–793, § 1001(a)(2) “(g) (2d sentence)”, 76 Stat. 863. In subsection (a), the words “or its designee” are substituted for “or such officers or agents as the Commission may designate”. For repeal of the Act of Aug. 1, 1947, ch. 433, 61 Stat. 715, as amended, see revision note for section 3104. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–372, § 2(c)(3)(A), substituted “on the basis of standards developed by the agency involved in accordance with criteria specified in

Regulations

prescribed by the Director of the Office of Personnel Management” for “or its designee for this purpose”. Subsec. (c). Pub. L. 110–372, § 2(c)(3)(B), added subsec. (c). 1992—Subsec. (b). Pub. L. 102–378 substituted “section 3104(c)” for “section 3104(a)(7) of this title”. 1978—Subsec. (a). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service 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 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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3325

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73