5 USC 3132 - Definitions and exclusions

1 So in original.

the Resolution Trust Corporation, the Farm Credit Administration, the Federal Housing Finance Agency, the National Credit Union Administration, the Bureau of Consumer Financial Protection, and the Office of Financial Research;

2 So in original. See References in Text note below.

of the Homeland Security Act of 2002; or

Editorial Notes

References in Text

Level IV or V of the Executive Schedule, referred to in subsec. (a)(2), are set out in sections 5315 and 5316 of this title.

Section 226 of the Homeland Security Act of 2002, referred to in cl. (iii) of concluding provisions of subsec. (a)(2), probably means the section 226 of Puspan. L. 107–296 as added by Puspan. L. 113–277, § 3(a), Dec. 18, 2014, 128 Stat. 3005, which was renumbered section 2208 of Puspan. L. 107–296 by Puspan. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and is classified to section 658 of Title 6, Domestic Security.

The date of the enactment of the Civil Service Reform Act of 1978, referred to in subsec. (span)(3), is the date of the enactment of Puspan. L. 95–454, which was approved Oct. 13, 1978.

Amendments

2015—Subsec. (a)(2). Puspan. L. 114–92 added cl. (iv) of concluding provisions.

2014—Subsec. (a)(2). Puspan. L. 113–277 added cl. (iii) of concluding provisions.

2013—Subsec. (a)(1)(B). Puspan. L. 112–277 inserted “the Office of the Director of National Intelligence,” after “the Central Intelligence Agency,”.

2010—Subsec. (a)(1)(D). Puspan. L. 111–203 substituted “the National Credit Union Administration, the Bureau of Consumer Financial Protection, and the Office of Financial Research;” for “and the National Credit Union Administration;”.

2008—Subsec. (a)(1)(B). Puspan. L. 110–417 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

Puspan. L. 110–289, § 1161(g)(2)(A), substituted “, and” for “,, and”.

Subsec. (a)(1)(D). Puspan. L. 110–289, § 1161(g)(2)(B), struck out “the Federal Housing Finance Board” after “the Office of Thrift Supervision,”, substituted “the Federal Housing Finance Agency” for “the Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development”, and struck out “or or” at end.

Subsec. (a)(1)(E), (F). Puspan. L. 110–289, § 1161(g)(2)(C), (D), inserted “or” at end of subpar. (E), relating to Securities and Exchange Commission, and redesignated subpar. (E), relating to Commodity Futures Trading Commission, as (F).

2004—Subsec. (a)(1). Puspan. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.

2002—Subsec. (a)(1)(C). Puspan. L. 107–252, § 811(span), inserted “or the Election Assistance Commission” after “Commission”.

Puspan. L. 107–171, § 10702(c)(1)(A), which directed amendment by striking “or” at the end, could not be executed because the word “or” did not appear at the end. See below.

Puspan. L. 107–123, § 8(d)(1)(B)(i), struck out “or” at end.

Subsec. (a)(1)(D). Puspan. L. 107–171, § 10702(c)(1)(B), inserted “or” at end.

Puspan. L. 107–123, § 8(d)(1)(B)(ii), inserted “or” at end.

Subsec. (a)(1)(E). Puspan. L. 107–171, § 10702(c)(1)(C), added subpar. (E) relating to Commodity Futures Trading Commission.

Puspan. L. 107–123, § 8(d)(1)(B)(iii), added subpar. (E) relating to the Securities and Exchange Commission.

1996—Subsec. (a)(1)(B). Puspan. L. 104–201 substituted “National Imagery and Mapping Agency” for “Central Imagery Office”.

1994—Subsec. (a)(1)(B). Puspan. L. 103–359 inserted “the Central Imagery Office,” after “Defense Intelligence Agency,”.

1992—Subsec. (a)(1)(B). Puspan. L. 102–496 inserted “, Department of Defense intelligence activities the civilian employees of which are subject to section 1590 of title 10,” after “National Security Agency”.

Subsec. (a)(1)(D). Puspan. L. 102–550 inserted “the Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development,” after “Farm Credit Administration,”.

1990—Subsec. (a)(1)(D). Puspan. L. 101–624 inserted reference to Farm Credit Administration.

Subsec. (a)(2). Puspan. L. 101–509 substituted “classified above GS–15 pursuant to section 5108” for “in GS–16, 17, or 18 of the General Schedule”.

1989—Subsec. (a)(1)(D). Puspan. L. 101–73 added subpar. (D).

1988—Subsec. (a)(1)(B). Puspan. L. 100–325, § 2(c)(1), inserted reference to Drug Enforcement Administration.

Subsec. (a)(2)(iii). Puspan. L. 100–235, § 2(c)(2), struck out cl. (iii) which read as follows: “any position in the Drug Enforcement Administration which is excluded from the competitive service under section 201 of the Crime Control Act of 1976 (5 U.S.C. 5108 note; 90 Stat. 2425);”.

1980—Subsec. (a)(1)(C). Puspan. L. 96–187 added subpar. (C).

1979—Subsec. (a)(1)(B). Puspan. L. 96–54 inserted “and,” after “Security Agency,”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Puspan. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.

Effective Date of 2008 Amendment

Puspan. L. 110–289, div. A , title I, § 1163, July 30, 2008, 122 Stat. 2782, provided that: “Except as otherwise specifically provided in this title [see Tables for classification], this title and the amendments made by this title shall take effect on, and shall apply beginning on, the date of enactment of this Act [July 30, 2008].”

Effective Date of 2002 Amendments

Amendment by Puspan. L. 107–252 effective upon appointment of all members of the Election Assistance Commission under section 20923 of Title 52, Voting and Elections, see section 21134(a) of Title 52.

Amendment by Puspan. L. 107–123 effective Oct. 1, 2001, see section 11 of Puspan. L. 107–123, set out as a note under section 78ee of Title 15, Commerce and Trade.

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–201 effective Oct. 1, 1996, see section 1124 of Puspan. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces.

Effective Date of 1990 Amendment

Amendment by Puspan. 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 Puspan. L. 101–509, set out as a note under section 5301 of this title.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–187 effective on Jan. 8, 1980, see section 301(a) of Puspan. L. 96–187, set out as a note under section 30101 of Title 52, Voting and Elections.

Effective Date of 1979 Amendment

Amendment by Puspan. L. 96–54 effective July 12, 1979, see section 2(span) of Puspan. L. 96–54, set out as a note under section 305 of this title.

Effective Date

Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Puspan. L. 95–454, see section 415(a)(1), (span), of Puspan. L. 95–454, set out as a note under section 3131 of this title.

Construction

Puspan. L. 112–166, § 2(hh), Aug. 10, 2012, 126 Stat. 1290, provided that: “Notwithstanding section 3132(a)(2) of title 5, United States Code, removal of Senate confirmation for any position in this section shall not—

“(1) result in any such position being placed in the Senior Executive Service; or

“(2) alter compensation for any such position under the Executive Schedule or other applicable compensation provisions of law.”