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Title 20 — EducationRelease 119-73not60

§3461 Officers and Employees

Title 20 › Chapter 48— DEPARTMENT OF EDUCATION › Subchapter IV— ADMINISTRATIVE PROVISIONS › Part A— Personnel Provisions › § 3461

Last updated Apr 5, 2026|Official source

Summary

The Secretary can hire and set pay for the officers and employees needed to run the Department, including lawyers. These hires must follow the federal civil service rules and pay laws in Title 5, unless another law says otherwise. At the Secretary’s request, the head of personnel (OPM) must create GS‑16, GS‑17, and GS‑18 slots equal to the number of such grade slots that were used mainly for jobs moved under this chapter and that were filled on the day before May 4, 1980. Those slots can be filled without following a usual hiring rule for employees who were transferred and who held similar jobs on the day before May 4, 1980. The special authority for each slot ends when the first person in it leaves. For Civil Service Reform Act rules, a person hired this way is treated as occupying the same job they had on the day before May 4, 1980. OPM must also create 15 limited‑term Senior Executive Service positions for the Secretary to fill; each position expires on the later of three years after May 4, 1980 or three years after its first appointment, and these positions count toward the normal executive limits. Any Indian preference law in effect on the day before October 17, 1979 continues to apply to transferred functions or offices that were subject to it.

Full Legal Text

Title 20, §3461

Education — Source: USLM XML via OLRC

(a)The Secretary is authorized to appoint and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out the functions of the Secretary and the Department. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5.
(b)(1)At the request of the Secretary, the Director of the Office of Personnel Management shall, under section 5108 of title 5, provide for the establishment in each of the grade levels GS–16, GS–17, and GS–18 of a number of positions in the Department equal to the number of positions in that grade level which were used primarily for the performance of functions and offices transferred under this chapter and which were assigned and filled on the day before May 4, 1980.
(2)Repealed. Pub. L. 107–279, title IV, § 403(3), Nov. 5, 2002, 116 Stat. 1985.
(3)Appointments to positions provided for under this subsection may be made without regard to the provisions of section 3324 of title 5, if the individual appointed in such position is an individual who is transferred in connection with the transfer of functions and offices under this chapter and, on the day preceding May 4, 1980, holds a position and has duties comparable to those of the position to which appointed hereunder.
(4)The authority under this subsection with respect to any position shall terminate when the person first appointed to fill such position ceases to hold such position.
(5)For purposes of section 414(a)(3)(A) of the Civil Service Reform Act of 1978, an individual appointed under this subsection shall be deemed to occupy the same position as the individual occupied on the day preceding May 4, 1980.
(c)
(d)Notwithstanding any other provision of law, the Director of the Office of Personnel Management shall establish positions within the Senior Executive Service for 15 limited-term appointees. The Secretary shall appoint individuals to such positions as provided by section 3394 of title 5. Such positions shall expire on the later of three years after May 4, 1980, or three years after the initial appointment to each position. Positions in effect under this subsection shall be taken into account in applying the limitations on positions prescribed under section 3134(e) and section 5108 of such title.
(e)Nothing in this chapter shall be construed to prevent the application of any Indian preference law in effect on the day before October 17, 1979, to any function or office transferred by this chapter and subject to any such law on the day before October 17, 1979. Any function or office transferred by this chapter and subject to any such law shall continue to be subject to any such law.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 414(a)(3)(A) of the Civil Service Reform Act of 1978, referred to in subsec. (b)(5), is section 414(a)(3)(A) of Pub. L. 95–454, title IV, Oct. 13, 1978, 92 Stat. 1178, which is set out as a note under section 3104 and 5108 of Title 5. Codification In subsecs. (a) and (d), “May 4, 1980” substituted for “the

Effective Date

of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an

Effective Date

note under section 3401 of this title.

Amendments

2002—Subsec. (b)(2). Pub. L. 107–279 struck out par. (2) which read as follows: “At the request of the Secretary, the Director of the Office of Personnel Management shall, under section 3104 of title 5, provide for the establishment in the Office created by section 3419 of this title of a number of scientific, professional, and technical positions outside of the General Schedule equal to the number of such positions which were used primarily for the performance of functions and offices transferred under this chapter and which were assigned and filled on the day before May 4, 1980.” 1994—Subsec. (b)(2). Pub. L. 103–382 made technical amendment to reference to section 3419 of this title to reflect renumbering of corresponding section of original act. 1986—Subsec. (c). Pub. L. 99–498 struck out subsec. (c) which read as follows: “The Secretary may appoint, without regard to the provisions of title 5 governing appointment in the competitive service, up to 175 scientific, technical, or professional employees of the Office created by section 3419 of this title and may compensate employees so appointed without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates. The rate of basic compensation for such employees shall not be equal to or in excess of the minimum rate of pay currently paid for GS–16 of the General Schedule under section 5332 of such title.” 1985—Subsec. (f). Pub. L. 99–145 struck out subsec. (f) which deemed any reference to “civilian component” as including a reference to overseas personnel of the overseas dependents’ education system for purposes of any status of forces agreement between the United States and any other country or any international organization.

Statutory Notes and Related Subsidiaries

References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

Reference

Citations & Metadata

Citation

20 U.S.C. § 3461

Title 20 — Education

Last Updated

Apr 5, 2026

Release point: 119-73not60