Title 5 — Government Organization and EmployeesRelease 119-73not60
§3325 Appointments to Scientific and Professional Positions
Title 5 › Part III— EMPLOYEES › Subpart B— Employment and Retention › Chapter 33— EXAMINATION, SELECTION, AND PLACEMENT › Subchapter I— EXAMINATION, CERTIFICATION, AND APPOINTMENT › § 3325
Summary
Jobs created under section 3104 are in the competitive service, but agencies can hire people without a competitive exam if the Office of Personnel Management (OPM) approves their qualifications under OPM’s rules. OPM’s Director must make those rules. It does not apply to positions under 3104(c).
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 3, 2026
Release point: 119-73not60