5 U.S.C. § 3307 — Competitive service; maximum-age entrance requirements; exceptions
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 390 words · no verdicts yet
Appropriated money generally cannot pay an employee who imposes a maximum age for entering the competitive service. The section creates specific age-limit exceptions for air-traffic controllers, park police, law-enforcement officers, firefighters, nuclear-materials couriers, and customs and border protection officers.
(a) Except as subsections (b) through (f) provide, appropriated funds may not pay an employee who establishes a maximum age for entering the competitive service.
(b) The Secretary, with the designated presidential agent’s agreement, may set the maximum age for an original appointment as an air traffic controller.
(c) The Secretary of the Interior may set minimum and maximum ages for original appointments to the United States Park Police.
(d) An agency head may set minimum and maximum ages for an original appointment as a law enforcement officer or firefighter, as defined in section 8331(20) and (21).
(e)(1) Unless paragraph (2) applies, an agency head may set the maximum age for an original appointment as a firefighter or law enforcement officer, as defined in section 8401(14) or (17). (2)(A) When an agency function changes from contractor performance to performance by agency employees, the agency head may, after consulting the Office of Personnel Management Director, waive an age limit set under paragraph (1) if needed to recruit or appoint experienced personnel. (B) Here “agency” means the Department of Defense or a military department. “Head of the agency” means the Secretary of Defense for the Department of Defense, or the Secretary of the military department for a military department.
(f) The Secretary of Energy may set the maximum age for an original appointment as a nuclear materials courier, as defined in section 8331(27) or 8401(33).
(g) The Secretary of Homeland Security may set the maximum age for an original appointment as a customs and border protection officer, as defined in section 8401(36).
Except as provided in subsections (b), (c), (d), (e), and (f) of this section appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service.
The Secretary may, with the concurrence of such agent as the President may designate, determine and fix the maximum limit of age within which an original appointment to a position as an air traffic controller may be made.
The Secretary of the Interior may determine and fix the minimum and maximum limits of age within which original appointments to the United States Park Police may be made.
The head of any agency may determine and fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section 8331(20) and (21), respectively, of this title.
Except as provided in paragraph (2), the head of an agency may determine and fix the maximum age limit for an original appointment to a position as a firefighter or law enforcement officer, as defined by section 8401(14) or (17), respectively, of this title.
In the case of the conversion of an agency function from performance by a contractor to performance by an employee of the agency, the head of the agency, in consultation with the Director of the Office of Personnel Management, may waive any maximum limit of age, determined or fixed for positions within such agency under paragraph (1), if necessary in order to promote the recruitment or appointment of experienced personnel.
For purposes of this paragraph—
the term “agency” means the Department of Defense or a military department; and
the term “head of the agency” means—
in the case of the Department of Defense, the Secretary of Defense; and
in the case of a military department, the Secretary of such military department.
The Secretary of Energy may determine and fix the maximum age limit for an original appointment to a position as a nuclear materials courier, as defined by section 8331(27) or 8401(33).
The Secretary of Homeland Security may determine and fix the maximum age limit for an original appointment to a position as a customs and border protection officer, as defined by section 8401(36).
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419; Pub. L. 92–297, § 2(a), May 16, 1972, 86 Stat. 141; Pub. L. 93–350, § 1, July 12, 1974, 88 Stat. 355; Pub. L. 96–347, § 1(b), Sept. 12, 1980, 94 Stat. 1150; Pub. L. 100–238, title I, § 103(a)(1), Jan. 8, 1988, 101 Stat. 1744; Pub. L. 105–261, div. C, title XXXI, § 3154(a), Oct. 17, 1998, 112 Stat. 2254; Pub. L. 110–161, div. E, title V, § 535(c), Dec. 26, 2007, 121 Stat. 2076; Pub. L. 112–81, div. A, title XI, § 1107, Dec. 31, 2011, 125 Stat. 1614.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 419
- 1972Amended · Pub. L. 92-297 · 86 Stat. 141
- 1974Amended · Pub. L. 93-350 · 88 Stat. 355
- 1980Amended · Pub. L. 96-347 · 94 Stat. 1150
- 1988Amended · Pub. L. 100-238 · 101 Stat. 1744
- 1998Amended · Pub. L. 105-261 · 112 Stat. 2254
- 2007Amended · Pub. L. 110-161 · 121 Stat. 2076
- 2011Amended · Pub. L. 112-81 · 125 Stat. 1614
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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