Staff Structure and Pay; Procedural Rules and Actions; Pre-DBCRC Closures; After Action Report; Environmental Research; Final Deliberations-Motions and Votes Page: 4 of 65
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ID: DEC 0 '3 II:29 I.L 'I F.'5
(2) engaged in the performance of a Federal function under authority
of law or an Executive act, and
(3) supervised and directed by a Federal official or employee.
1--5. AUTHORITY TO EMPLOY
a. General. Various statutes authorize agencies to
employ experts and consultants. The basic authorities available to most
agencies are discussed below.
b. Section 3109, title 5, United States Code. (1) Under this statute
agencies may, when authorized in an appropriation or other statute,
employ experts and consultants temporarily (one year or less) or
intermittently without regard to the laws for the competitive service,
position classification, and the General Schedule pay grades. This
excepted appointment authority imposes the following conditions:
(a) The positions must be bona fide expert or consultant positions;
(b) Persons employed must be experts or consultants qualified to
perform the duties of the positions;
(c) The needed services must be of such a nature that the agency can
meet the need by temporary (one year or less) or intermittent
employment. The agency may not use this authority to fill a continuing
(2) At times, agencies use section 3109 to employ an individual whose
nomination for a Presidential appointment is pending Senate
confirmation. By appointment under section 3109, such an individual
becomes a Federal employee and subject to the conditions which apply to
other Federal employees. As with any other use of section 3109,
agencies should be sure such employment meets the conditions of the
(3) Section 3109 states it may not be used as authority to fill Senior
Executive Service positions. Therefore, it is not appropriate to assign
experts or consultants to the policy making and managerial work which
characterizes the Senior Executive Service.
c. Other statutes. Under other statutes, individual agencies may
employ experts or consultants, or both, excepted from the competitive
service and, sometimes, exempted from the General Schedule. Use of
these authorities is subject to the provisions of this chapter except 5
when OPM concurs in an agency opinion as mentioned in section 1-i.
d. Schedule A. (1) Agencies may employ experts and consultants under
section 213.3102(1) of Schedule A in "positions requiring the temporary
or intermittent employment of professional, scientific, or technical
experts for consultation purposes." This authority excepts the
employees from OPM competitive examination but does not except the
position from the General Schedule pay and classification requirements.
The authority primarily is intended for agencies which do not have
authority to use section 3109 or other statutory expert and consultant
(2) The following conditions are applicable: (a) the needed service
must be of such a nature that the agency can meet the need by temporary
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United States. Defense Base Closure and Realignment Commission. Staff Structure and Pay; Procedural Rules and Actions; Pre-DBCRC Closures; After Action Report; Environmental Research; Final Deliberations-Motions and Votes, text, Date Unknown; (digital.library.unt.edu/ark:/67531/metadc26556/m1/4/: accessed May 21, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.