US (United States) Code. Title 5. Chapter 33: Examination, selection and placement

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

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5 USC CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

.

-HEAD-

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

-MISC1-

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

Sec.

3301. Civil service; generally.

3302. Competitive service; rules.

3303. Competitive service; recommendations of Senators or

Representatives.

3304. Competitive service; examinations.

3304a. Competitive service; career appointment after 3 years'

temporary service.

3305. Competitive service; examinations; when held.

(3306. Repealed.)

3307. Competitive service; maximum-age entrance requirements;

exceptions.

3308. Competitive service; examinations; educational requirements

prohibited; exceptions.

3309. Preference eligibles; examinations; additional points for.

3310. Preference eligibles; examinations; guards, elevator

operators, messengers, and custodians.

3311. Preference eligibles; examinations; crediting experience.

3312. Preference eligibles; physical qualifications; waiver.

3313. Competitive service; registers of eligibles.

3314. Registers; preference eligibles who resigned.

3315. Registers; preference eligibles furloughed or separated.

(3315a. Repealed.)

3316. Preference eligibles; reinstatement.

3317. Competitive service; certification from registers.

3318. Competitive service; selection from certificates.

3319. Alternative ranking and selection procedures.

3320. Excepted service; government of the District of Columbia;

selection.

3321. Competitive service; probationary period.

(3322. Repealed.)

3323. Automatic separations; reappointment; reemployment of

annuitants.

3324. Appointments to positions classified above GS-15.

3325. Appointments to scientific and professional positions.

3326. Appointments of retired members of the armed forces to

positions in the Department of Defense.

3327. Civil service employment information.

3328. Selective Service registration.

3329. Appointments of military reserve technicians to positions in

the competitive service.

3330. Government-wide list of vacant positions.

3330a. Preference eligibles; administrative redress.

3330b. Preference eligibles; judicial redress.

3330c. Preference eligibles; remedy.

SUBCHAPTER II - OATH OF OFFICE

3331. Oath of office.

3332. Officer affidavit; no consideration paid for appointment.

3333. Employee affidavit; loyalty and striking against the

Government.

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

3341. Details; within Executive or military departments.

(3342. Repealed.)

3343. Details; to international organizations.

3344. Details; administrative law judges.

3345. Acting officer.

3346. Time limitation.

3347. Exclusivity.

3348. Vacant office.

3349. Reporting of vacancies.

3349a. Presidential inaugural transitions.

3349b. Holdover provisions relating to certain independent

establishments. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Does not conform to section

catchline.

3349c. Exclusion of certain officers.

3349d. Notification of intent to nominate during certain recesses

or adjournments.

SUBCHAPTER IV - TRANSFERS

3351. Preference eligibles; transfer; physical qualifications;

waiver.

3352. Preference in transfers for employees making certain

disclosures.

SUBCHAPTER V - PROMOTION

3361. Promotion; competitive service; examination.

3362. Promotion; effect of incentive award.

3363. Preference eligibles; promotion; physical qualifications;

waiver.

(3364. Repealed.)

SUBCHAPTER VI - ASSIGNMENTS TO AND FROM STATES

3371. Definitions.

3372. General provisions.

3373. Assignments of employees to State or local governments.

(FOOTNOTE 1)

3374. Assignments of employees from State or local governments.

3375. Travel expenses.

3376. Regulations.

SUBCHAPTER VII - AIR TRAFFIC CONTROLLERS

3381. Training.

3382. Involuntary separation for retirement.

3383. Determinations; review procedures.

3384. Regulations.

3385. Effect on other authority.

SUBCHAPTER VIII - APPOINTMENT, REASSIGNMENT, TRANSFER, AND

DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE

3391. Definitions.

3392. General appointment provisions.

3393. Career appointments.

(3393a. Repealed.)

3394. Noncareer and limited appointments.

3395. Reassignment and transfer within the Senior Executive

Service.

3396. Development for and within the Senior Executive Service.

3397. Regulations.

AMENDMENTS

2002 - Pub. L. 107-296, title XIII, Sec. 1312(b), 1321(a)(1)(C),

Nov. 25, 2002, 116 Stat. 2291, 2296, added item 3319 and struck out

item 3393a ''Recertification''.

1998 - Pub. L. 105-339, Sec. 3(b), Oct. 31, 1998, 112 Stat. 3184,

added items 3330a to 3330c.

Pub. L. 105-277, div. C, title I, Sec. 151(c)(1), Oct. 21, 1998,

112 Stat. 2681-616, substituted ''DETAILS, VACANCIES, AND

APPOINTMENTS'' for ''DETAILS'' in heading for subchapter III,

''Acting officer'' for ''Details; to office of head of Executive

agency or military department'' in item 3345, ''Time limitation''

for ''Details; to subordinate offices'' in item 3346,

''Exclusivity'' for ''Details; Presidential authority'' in item

3347, ''Vacant office'' for ''Details; limited in time'' in item

3348, and ''Reporting of vacancies'' for ''Details; to fill

vacancies; restrictions'' in item 3349 and added items 3349a to

3349d.

1996 - Pub. L. 104-197, title III, Sec. 315(b)(1), Sept. 16,

1996, 110 Stat. 2416, substituted ''Competitive service;

recommendations of Senators or Representatives'' for ''Political

recommendations'' in item 3303.

Pub. L. 104-106, div. A, title X, Sec. 1037(b)(2), Feb. 10,

1996, 110 Stat. 432, which directed substitution of ''3330.

Government-wide list of vacant positions'' for the item relating to

section 3329, as added by section 4431(b) of Pub. L. 104-484, could

not be executed because of the intervening amendment by Pub. L.

104-52, Sec. 4(2). See 1995 Amendment note below.

1995 - Pub. L. 104-52, title IV, Sec. 4(2), Nov. 19, 1995, 109

Stat. 490, redesignated item 3329 ''Government-wide list of vacant

positions'' as item 3330.

1993 - Pub. L. 103-94, Sec. 8(b), Oct. 6, 1993, 107 Stat. 1007,

substituted ''Political recommendations'' for ''Competitive

service; recommendations of Senators or Representatives'' in item

3303.

1992 - Pub. L. 102-484, div. A, title V, Sec. 544(b), div. D,

title XLIV, Sec. 4431(b), Oct. 23, 1992, 106 Stat. 2415, 2720,

added two items 3329.

Pub. L. 102-378, Sec. 2(13)(B), Oct. 2, 1992, 106 Stat. 1347,

struck out item 3342 ''Federal participants in executive exchange

programs''.

1990 - Pub. L. 101-509, title V, Sec. 529 (title I, Sec.

101(b)(9)(C)(iii)), Nov. 5, 1990, 104 Stat. 1427, 1441, substituted

''Appointments to positions classified above GS-15'' for

''Appointments at GS-16, 17, and 18'' in item 3324.

Pub. L. 101-416, Sec. 2(a)(2), Oct. 12, 1990, 104 Stat. 903,

added item 3342.

1989 - Pub. L. 101-194, title V, Sec. 506(a)(2), Nov. 30, 1989,

103 Stat. 1758, added item 3393a.

Pub. L. 101-12, Sec. 5(b), Apr. 10, 1989, 103 Stat. 33, added

item 3352.

1988 - Pub. L. 100-398, Sec. 7(a)(3), Aug. 17, 1988, 102 Stat.

988, inserted ''agency'' after ''Executive'' in item 3345.

1985 - Pub. L. 99-145, title XVI, Sec. 1622(a)(2), Nov. 8, 1985,

99 Stat. 777, added item 3328.

1979 - Pub. L. 96-54, Sec. 2(a)(13), Aug. 14, 1979, 93 Stat. 382,

struck out item 3315a ''Registers; individuals receiving

compensation for work injuries''.

1978 - Pub. L. 95-454, title III, Sec. 303(b), 307(h)(2), 309(b),

title IV, Sec. 403(b), title IX, Sec. 906(c)(4), Oct. 13, 1978, 92

Stat. 1146, 1149, 1152, 1165, 1227, substituted ''probationary

period'' for ''probation; period of'' in item 3321, struck out item

3319 ''Competitive service; selection; members of family

restriction'', added items 3327 and 3391 to 3397, and struck out

items 3391 to 3398.

Pub. L. 95-437, Sec. 3(b), Oct. 10, 1978, 92 Stat. 1058, added

heading for subchapter VII and items 3391 to 3398.

Pub. L. 95-256, Sec. 5(b)(2), Apr. 6, 1978, 92 Stat. 191, struck

out item 3322 ''Competitive service; temporary appointments after

age 70''.

Pub. L. 95-251, Sec. 2(c)(3), Mar. 27, 1978, 92 Stat. 184,

substituted ''administrative law judges'' for ''hearing examiners''

in item 3344.

Pub. L. 95-228, Sec. 2(a), Feb. 10, 1978, 92 Stat. 25, struck out

item 3306 ''Competitive service; departmental service;

apportionment''.

1975 - Pub. L. 94-183, Sec. 2(7), Dec. 31, 1975, 89 Stat. 1057,

struck out item 3364 ''Promotion; substitute employees in the

postal field service''.

1972 - Pub. L. 92-297, Sec. 2(b), 3(b), May 16, 1972, 86 Stat.

142, 144, substituted ''maximum age entrance requirements,

exceptions'' for ''maximum age requirement; restriction on use of

appropriated funds'' in item 3307, and added subchapter VII and

items 3381 to 3385.

1971 - Pub. L. 91-648, title IV, Sec. 402(b), Jan. 5, 1971, 84

Stat. 1925, added heading for subchapter VI and items 3371 to 3376.

1970 - Pub. L. 91-375, Sec. 6(c)(7)(B), Aug. 12, 1970, 84 Stat.

776, struck out item 3327 ''Postmasters; standards for

determination of qualifications''.

1967 - Pub. L. 90-105, Sec. 1(b), Oct. 11, 1967, 81 Stat. 273,

added item 3304a.

Pub. L. 90-83, Sec. 1(9)(B), Sept. 11, 1967, 81 Stat. 197, added

item 3315a.

1966 - Pub. L. 89-762, Sec. 1(b), Nov. 5, 1966, 80 Stat. 1312,

struck out item 3342 ''Details; field to departmental service

prohibited''.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 20 section 1018; title 31

section 3801; title 35 section 3; title 36 sections 511, 151307,

151707, 152407; title 40 sections 311, 581, 701, 3308, 3704, 8502,

8711; title 42 sections 290aa, 2297b-4.

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5 USC SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND

APPOINTMENT 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

.

-HEAD-

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 9510 of this title;

title 10 sections 1599c, 1744; title 16 section 3198; title 38

section 7403; title 44 section 2105.

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5 USC Sec. 3301 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3301. Civil service; generally

-STATUTE-

The President may -

(1) prescribe such regulations for the admission of individuals

into the civil service in the executive branch as will best

promote the efficiency of that service;

(2) ascertain the fitness of applicants as to age, health,

character, knowledge, and ability for the employment sought; and

(3) appoint and prescribe the duties of individuals to make

inquiries for the purpose of this section.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 417.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 631 (less R.S. Sec. 1753 (less

last 16 words). last 16 words).

-------------------------------

The words ''civil service in the executive branch'' are

substituted for ''civil service of the United States'' to confirm

the grant of authority in view of the definition of ''civil

service'' in section 2101. The word ''will'' is substituted for

''may''. The words ''for the employment sought'' are substituted

for ''for the branch of service into which he seeks to enter'' as

the latter are archaic since there are no ''branches'' within the

executive branch. The word ''applicant'' is substituted for

''candidate''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-277, div. C, title I, Sec. 151(a), Oct. 21, 1998,

112 Stat. 2681-611, provided that: ''This section (enacting

sections 3345 to 3349d of this title, repealing former sections

3345 to 3349 of this title, and enacting provisions set out as a

note under section 3345 of this title) may be cited as the 'Federal

Vacancies Reform Act of 1998'.''

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102-175, Sec. 1, Dec. 2, 1991, 105 Stat. 1222, provided

that: ''This Act (amending sections 3395, 3396, 5383, and 7701 of

this title) may be cited as the 'Senior Executive Service

Improvements Act'.''

MODIFICATIONS TO NATIONAL SECURITY EDUCATION PROGRAM

Pub. L. 107-296, title XIII, Sec. 1332(a), Nov. 25, 2002, 116

Stat. 2299, provided that:

''(a) Findings and Policies. -

''(1) Findings. - Congress finds that -

''(A) the United States Government actively encourages and

financially supports the training, education, and development

of many United States citizens;

''(B) as a condition of some of those supports, many of those

citizens have an obligation to seek either compensated or

uncompensated employment in the Federal sector; and

''(C) it is in the United States national interest to

maximize the return to the Nation of funds invested in the

development of such citizens by seeking to employ them in the

Federal sector.

''(2) Policy. - It shall be the policy of the United States

Government to -

''(A) establish procedures for ensuring that United States

citizens who have incurred service obligations as the result of

receiving financial support for education and training from the

United States Government and have applied for Federal positions

are considered in all recruitment and hiring initiatives of

Federal departments, bureaus, agencies, and offices; and

''(B) advertise and open all Federal positions to United

States citizens who have incurred service obligations with the

United States Government as the result of receiving financial

support for education and training from the United States

Government.''

TEMPORARY MEASURES TO FACILITATE REEMPLOYMENT OF CERTAIN DISPLACED

FEDERAL EMPLOYEES

Pub. L. 102-484, div. D, title XLIV, Sec. 4432, Oct. 23, 1992,

106 Stat. 2720, provided that:

''(a) Definitions. - For the purpose of this section -

''(1) the term 'agency' means an Executive agency (as defined

by section 105 of title 5, United States Code), excluding the

General Accounting Office and the Department of Defense; and

''(2) the term 'displaced employee' means any individual who is

-

''(A) an employee of the Department of Defense who has been

given specific notice that such employee is to be separated due

to a reduction in force; or

''(B) a former employee of the Department of Defense who was

involuntarily separated therefrom due to a reduction in force.

''(b) Method of Consideration. - In accordance with regulations

which the Office of Personnel Management shall prescribe,

consistent with otherwise applicable provisions of law, an agency

shall, in filling a vacant position for which a qualified displaced

employee has applied in timely fashion, give full consideration to

the application of the displaced employee before selecting any

candidate from outside the agency for the position.

''(c) Limitation. - A displaced employee is entitled to

consideration in accordance with this section for the 24-month

period beginning on the date such employee receives the specific

notice referred to in subsection (a)(2)(A), except that, if the

employee is separated pursuant to such notice, the right to such

consideration shall continue through the end of the 24-month period

beginning on the date of separation.

''(d) Applicability. - (1) This section shall apply to any

individual who -

''(A) became a displaced employee within the 12-month period

ending immediately before the date of the enactment of this Act

(Oct. 23, 1992); or

''(B) becomes a displaced employee on or after the date of the

enactment of this Act and before October 1, 1997.

''(2) In the case of a displaced employee described in paragraph

(1)(A), for purposes of computing any period of time under

subsection (c), the date of the specific notice described in

subsection (a)(2)(A) (or, if the employee was separated as

described in subsection (a)(2)(B) before the date of enactment of

this Act, the date of separation) shall be deemed to have occurred

on such date of enactment.

''(3) Nothing in this section shall be considered to apply with

respect to any position -

''(A) which has been filled as of the date of enactment of this

Act; or

''(B) which has been excepted from the competitive service

because of its confidential, policy-determining, policy-making or

policy-advocating character.''

NATIONAL ADVISORY COUNCIL ON THE PUBLIC SERVICE

Pub. L. 101-363, Aug. 14, 1990, 104 Stat. 424, provided that:

''SECTION 1. SHORT TITLE.

''This Act may be cited as the 'National Advisory Council on the

Public Service Act of 1990'.

''SEC. 2. FINDINGS.

''The Congress finds that -

''(1) recognition of the services rendered by Federal employees

(hereinafter in this Act referred to as 'national public

service') should be accorded a high and continuing place on the

national agenda;

''(2) the National Commission on the Public Service, through

its good works, has documented the need for greater advocacy on

behalf of those performing national public service;

''(3) although public service is an honorable profession,

members of the public do not always perceive it favorably;

''(4) serious obstacles often hinder the Government's efforts

to recruit and retain the best and the brightest for national

public service;

''(5) just as the public has a right to expect Federal

employees to adhere to the highest standards of excellence and

ethicality, so Federal employees have a right to expect an

atmosphere of trust and respect, and a sense of accomplishment

from their work; and

''(6) an advisory council is needed to provide the President

and the Congress with bipartisan, objective assessments of, and

recommendations concerning, the Federal workforce.

''SEC. 3. ESTABLISHMENT.

''There shall be established a council to be known as the

National Advisory Council on the Public Service (hereinafter in

this Act referred to as the 'Council').

''SEC. 4. FUNCTIONS.

''The Council shall -

''(1) regularly assess the state of the Federal workforce;

''(2) in conjunction with the President, the Congress, and the

Judiciary, seek to attract individuals of the highest caliber to

careers involving national public service, and encourage them and

others of similar distinction who are already part of the Federal

workforce to make a continuing commitment to national public

service;

''(3) promote better public understanding of the role of

Federal employees in implementing Government programs and

policies, and otherwise seek to improve the public perception of

Federal employees;

''(4) encourage efforts to build student interest in performing

national public service (whether those efforts are undertaken at

the community level, in the classroom, or otherwise); and

''(5) develop methods for improving motivation and excellence

among Federal employees.

''SEC. 5. MEMBERSHIP.

''(a) Number and Appointment. - The Council shall be composed of

15 members as follows:

''(1) 2 Members of the Senate, 1 of whom shall be appointed by

the majority leader of the Senate and the other of whom shall be

appointed by the minority leader of the Senate.

''(2) 2 Members of the House of Representatives, 1 of whom

shall be appointed by the Speaker of the House of Representatives

and the other of whom shall be appointed by the minority leader

of the House of Representatives.

''(3) The Director of the Administrative Office of the United

States Courts (or his delegate).

''(4) 10 individuals appointed by the President -

''(A) 4 of whom shall be chosen from among officers serving

in the executive branch;

''(B) 1 of whom shall be chosen from among career employees

in the civil service;

''(C) 1 of whom shall be a Federal employee who is a member

of a labor organization (as defined by section 7103(a)(4) of

title 5, United States Code); and

''(D) 4 of whom shall be chosen from among members of the

public who do not hold any Government office or position.

''(b) Continuation of Membership. - If any member of the Council

whose appointment is based on that individual's holding a

Government office or position leaves such office or position, or if

any member of the Council under subsection (a)(4)(D) is appointed

or elected to a Government office or position, that individual may

continue to serve as such a member for not longer than the 90-day

period beginning on the date of leaving that office or position, or

entering into that office or position, as the case may be.

''(c) Terms. - Members of the Council shall be appointed for the

life of the Council.

''(d) Vacancies. - A vacancy in the Council shall be filled in

the manner in which the original appointment was made.

''(e) Compensation. - (1) Members of the Council shall not be

entitled to pay (or, in the case of members holding any Government

office or position, pay in addition to any to which they are

otherwise entitled for service in such office or position) by

virtue of membership on the Council.

''(2) While serving away from their homes or regular places of

business in the performance of duties for the Council, members

shall be allowed travel expenses, including per diem in lieu of

subsistence, in the same manner as authorized by section 5703 of

title 5, United States Code, for persons employed intermittently in

Government service.

''(f) Quorum. - Eight members of the Council shall constitute a

quorum.

''(g) Chairman. - The Chairman of the Council shall be designated

by the President from among the members appointed under subsection

(a)(4)(D).

''(h) Meetings. - The Council shall meet at the call of the

Chairman or a majority of its members, and shall meet on at least a

quarterly basis.

''SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

''(a) Director. - With the approval of the Council, the Chairman

may appoint a Director and fix the pay of such Director at a rate

not to exceed the rate for level IV of the Executive Schedule (5

U.S.C. 5315). The Director shall be a person who, by reason of

demonstrated ability in the area of management, government, or

public administration, is especially well qualified to serve.

''(b) Staff. - With the approval of the Chairman, the Director

may appoint and fix the pay of such personnel as may be necessary

to carry out the functions of the Council. The staff of the Council

shall be appointed subject to the provisions of title 5, United

States Code, governing appointments in the competitive service, and

shall be paid in accordance with the provisions of chapter 51 and

subchapter III of chapter 53 of such title relating to

classification and General Schedule pay rates.

''(c) Experts and Consultants. - The Council may procure

temporary or intermittent services under section 3109(b) of title

5, United States Code, but at rates for individuals not to exceed

the daily equivalent of the maximum rate payable under the General

Schedule.

''(d) Staff of Federal Agencies. - Upon the request of the

Chairman, the head of a Federal agency may detail, on a

reimbursable or nonreimbursable basis, any personnel of such agency

to the Council to assist the Council in carrying out its functions

under this Act.

''SEC. 7. POWERS.

''(a) Mails. - The Council may use the United States mails in the

same manner and under the same conditions as other Federal

agencies.

''(b) Administrative Support Services. - The Administrator of

General Services shall provide to the Council, on a reimbursable

basis, such administrative support services as the Council may

request.

''(c) Official Data. - The Council may secure directly from any

Federal agency information necessary to carry out its functions

under this Act. Each such agency is authorized and directed to

furnish, to the extent permitted by law, any information requested

by the Council.

''(d) Gifts. - The Council -

''(1) may accept money and other property donated, bequeathed,

or devised to the Council without condition or restriction (other

than that it be used to carry out the work of the Council); and

''(2) may use, sell, or otherwise dispose of any such property

to carry out its functions under this Act, except that, upon the

termination of the Council, any such property shall be disposed

of in accordance with applicable provisions of law governing the

disposal of Federal property.

''SEC. 8. REPORTS.

''The Council shall transmit to the President and each House of

the Congress -

''(1) within 1 and 2 years, respectively, after the date on

which the Council first meets, reports containing its preliminary

findings and recommendations; and

''(2) within 3 years after the date on which the Council first

meets, a final report containing a detailed statement of the

findings and conclusions of the Council, together with its

recommendations for such legislation or administrative actions as

it considers appropriate.

''SEC. 9. COMMENCEMENT; TERMINATION.

''(a) Commencement. - Appointments under section 5 shall be made,

and the Council shall first meet, within 90 days after the date of

the enactment of this Act (Aug. 14, 1990).

''(b) Termination. - The Council shall cease to exist upon

transmitting its final report under section 8(2).

''SEC. 10. AUTHORIZATION.

''There is authorized to be appropriated such sums as may be

necessary to carry out this Act.''

-EXEC-

EX. ORD. NO. 8743. EXTENDING THE CLASSIFIED CIVIL SERVICE

Ex. Ord. No. 8743, Apr. 23, 1941, as amended by Ex. Ord. No.

9230, Aug. 20, 1942; Ex. Ord. No. 9678, Jan. 14, 1946; Ex. Ord. No.

9712, Apr. 13, 1946; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R.

1055, provided:

By virtue of the authority vested in me by section 1 of the act

of November 26, 1940, entitled ''Extending the Classified Executive

Civil Service of the United States'' (54 Stat. 1211), by the Civil

Service Act (22 Stat. 403), and by section 1753 of the Revised

Statutes of the United States (sections 3301 and 7301 of this

title), it is hereby ordered as follows:

Section 1. All offices and positions in the executive civil

service of the United States except (1) those that are temporary,

(2) those expressly excepted from the provisions of section 1 of

the said act of November 26, 1940, (3) those excepted from the

classified service under Schedules A and B of the Civil Service

Rules, and (4) those which now have a classified status, are hereby

covered into the classified civil service of the Government.

Section 2. Section 1 of this order shall become effective on

January 1, 1942, except that as to positions affected thereby which

are vacant at any time after June 30, 1941, and before January 1,

1942, it shall become effective when the vacancies first exist

during such period, and appointments to such vacant positions shall

be made in accordance with the Civil Service Rules as amended by

section 3 of this order, unless prior express permission is given

by the Office of Personnel Management for appointment without

regard thereto.

Section 3. (a) Upon consideration of the report of the Committee

on Civil Service Improvement (House Document No. 118, 77th

Congress) appointed by Executive Order No. 8044 of January 31,

1939, it is hereby found and determined that the regulations and

procedures hereinafter prescribed in this section with respect to

attorney positions in the classified civil service are required by

the conditions of good administration.

(b) There is hereby created in the Office of Personnel Management

(hereinafter referred to as the Office) a board to be known as the

Board of Legal Examiners (hereinafter referred to as the Board).

The Board shall consist of the Solicitor General of the United

States and the chief law officer of the Office of Personnel

Management, as members ex officio, and nine members to be appointed

by the President, four of whom shall be attorneys chosen from the

chief officers of the Executive departments, agencies or corporate

instrumentalities of the Government, two from the law-teaching

profession, and three from attorneys engaged in private practice.

The President shall designate the chairman of the Board. Five

members shall constitute a quorum, and the Board may transact

business notwithstanding vacancies thereon. Members of the Board

shall receive no salary as such, but shall be entitled to necessary

expenses incurred in the performance of their duties hereunder.

(c) It shall be the duty of the Board to promote the development

of a merit system for the recruitment, selection, appointment,

promotion, and transfer of attorneys in the classified civil

service in accordance with the general procedures outlined in Plan

A of the report of the Committee on Civil Service Improvement,

appointed by Executive Order No. 8044 of January 31, 1939.

(d) The Board, in consultation with the Office, shall determine

the regulations and procedures under this section governing the

recruitment and examination of applicants for attorney positions,

and the selection, appointment, promotion and transfer of

attorneys, in the classified service.

(e) The Office shall in the manner determined by the Board

establish a register or registers for attorney positions in the

classified service and such positions shall thereafter be filled

from such registers as are designated by the Board. Unless

otherwise determined by the Board, any register so established

shall not be in effect for a period longer than one year from the

date of its establishment. Upon request of the Board, the Office

shall appoint regional or local boards of examiners composed of

persons approved by the Board, within or without the Federal

service, to interview and examine applicants as the Board shall

direct.

(f) The number of names to be placed upon any register of

eligibles for attorney positions shall be limited to the number

recommended by the Board; and such registers shall not be ranked

according to the ratings received by the eligibles, except that

persons entitled to veterans' preference as defined in section 1 of

Civil Service Rule VI shall be appropriately designated thereon.

(g) Any person whose name has been placed upon three registers of

eligibles covering positions of the same grade, and who has not

been appointed therefrom, shall not thereafter be eligible for

placement upon any subsequently established register covering

positions of such grade.

(h) So far as practicable and consistent with good

administration, the eligibles on any register for attorney

positions and appointments for such register shall be apportioned

among the several States and Territories and the District of

Columbia upon the basis of population as ascertained in the last

preceding census. The Office shall certify to the appointing

officer for each vacancy all the eligibles on the appropriate

register except those whose appointment would, in the determination

of the Board, be inconsistent with the apportionment policy herein

prescribed. The appointing officer shall make selections for any

vacancy or vacancies in attorney positions from the register so

certified, with sole reference to merit and fitness.

(i) Any position affected by this section may be filled before

appropriate registers have been established pursuant to this

section only by a person whose appointment is approved by the

Board. The Board may require as a condition of its approval that

persons thus proposed for appointment pass a noncompetitive

examination and may designate examining committees composed of

persons within or without the Federal service to conduct such

examinations. Persons whose appointment was approved by the Board

prior to March 16, 1942, and who pass a noncompetitive examination

prescribed by the Board shall be eligible for a classified

civil-service status after the expiration of six months from the

date of appointment upon compliance with the provisions of Section

6 of Civil Service Rule II other than those provisions relating to

examination. Effective March 16, 1942, all appointments to

attorney and law clerk (trainee) positions shall be for the

duration of the present war and for six months thereafter unless

specifically limited to a shorter period.

(j) The incumbent of any attorney position covered into the

classified service by section 1 of this order may acquire a

classified civil-service status in accordance with the provisions

of Section 2(a) of the act of November 26, 1940 (54 Stat. 1211) or,

in the discretion of the Board and when applicable, Section 6, of

Civil Service Rule II: Provided, That the noncompetitive

examination required thereunder shall be prescribed by the Office

with the approval of the Board.

(k) The Office with the approval of the Board shall appoint a

competent person to act as Executive Secretary to the Board; and

the Office shall furnish such further professionals, clerical,

stenographic, and other assistants as may be necessary to carry out

the provisions of this section.

(l) The Civil Service Rules are hereby amended to the extent

necessary to give effect to the provisions of this section.

Section 4. The noncompetitive examinations prescribed pursuant to

sections 3 and 6 of this order and section 2(a) of the said act of

November 26, 1940, shall, among other things, require any person

taking such examination to meet such reasonable standards of

physical fitness and personal suitability as the Office of

Personnel Management may prescribe.

Section 5. Persons who on the effective date of section 1 of this

order are on furlough or leave without pay from any position

covered into the classified service by that section may be recalled

to duty within one year of the date that they are furloughed or

given leave without pay, and may be continued in such positions

thereafter but shall not thereby acquire a classified civil-service

status. If they are not recalled to duty within the time specified

herein, they shall be separated from the service.

Section 6. (a) Any person who, in order to perform active service

with the military or naval forces of the United States, has left a

position (other than a temporary position) which is covered into

the classified civil service under section 1 of this order, shall

be reinstated in such position or to a position of like seniority,

status, and pay in the same department or agency, and may, upon

reinstatement, acquire a classified civil-service status: Provided,

(1) that he has been honorably discharged from the military or

naval service, (2) that he makes application for reinstatement

within 90 days after termination of his service with the armed

forces or of hospitalization continuing after discharge for a

period of not more than one year, and (3) that he qualifies in such

suitable noncompetitive examination as the Office may prescribe.

(b) Any person who, in order to perform active service with the

military or naval forces of the United States, has left a position

in any department or agency (other than a temporary position) which

is covered into the classified civil service under section 1 of

this order, may, upon his applications and upon the request of the

head of the same or any other department or agency, be reinstated

in any position for which the Office finds he is qualified, and

upon reinstatement shall acquire a classified civil-service status:

Provided, (1) that he has been honorably discharged from the

military or naval service, and (2) that he qualifies in such

suitable noncompetitive examination as the Office may prescribe.

Section 7. Executive Order No. 8044 of January 31, 1939, is

hereby revoked so far as it applies to positions covered into the

classified civil service by this order.

EXECUTIVE ORDER NO. 9367

Ex. Ord. No. 9367, Aug. 4, 1943, 8 F.R. 11017, which prohibited,

with certain exceptions, instructions of applicants for civil

service and foreign service examinations by officers or employees

of the government, was revoked by Ex. Ord. No. 11408, Apr. 25,

1968, 33 F.R. 6459.

EX. ORD. NO. 10577. CIVIL SERVICE RULES

Ex. Ord. No. 10577, Nov. 22, 1954, 19 F.R. 7521, eff. Jan. 23,

1955, as amended by Ex. Ord. No. 10641, Oct. 26, 1955, 20 F.R.

8137; Ex. Ord. No. 10675, Aug. 21, 1956, 21 F.R. 6327 Jan. 23,

1956; Ex. Ord. No. 10745, Dec. 12, 1957, 22 F.R. 10025; Ex. Ord.

No. 10869, Mar. 9, 1960, 25 F.R. 2073; Ex. Ord. No. 11315, Nov. 17,

1966, 31 F.R. 14729; Ex. Ord. No. 11839, Feb. 15, 1975, 40 F.R.

7351; Ex. Ord. No. 11856, May 7, 1975, 40 F.R. 20259; Ex. Ord. No.

11887, Nov. 4, 1975, 40 F.R. 51411; Ex. Ord. No. 11935; Sept. 2,

1976, 41 F.R. 37301; Ex. Ord. No. 12021, Nov. 30, 1977, 42 F.R.

61237; Ex. Ord. No. 12043, Mar. 7, 1978, 43 F.R. 9773; Ex. Ord. No.

12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12125, Mar. 15,

1979, 44 F.R. 16879; Ex. Ord. No. 12148, July 20, 1979, 44 F.R.

43239; Ex. Ord. No. 12300, Mar. 23, 1981, 46 F.R. 18683; Ex. Ord.

No. 12748, Feb. 1, 1991, 56 F.R. 4521; Ex. Ord. No. 12896, Feb. 3,

1994, 59 F.R. 5515; Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R.

61519; Ex. Ord. No. 13124, Sec. 2(b), June 4, 1999, 64 F.R. 31103;

Ex. Ord. No. 13197, Jan. 18, 2001, 66 F.R. 7853; provided:

PART I - CIVIL SERVICE RULES

Section 101. The Civil Service Rules are hereby amended to read

as follows:

RULE I - COVERAGE AND DEFINITIONS

SEC. 1.1. POSITIONS AND EMPLOYEES AFFECTED BY THESE RULES

These Rules shall apply to all positions in the competitive

service and to all incumbents of such positions. Except as

expressly provided in the Rule concerned, these Rules shall not

apply to positions and employees in the excepted service.

SEC. 1.2. EXTENT OF THE COMPETITIVE SERVICE

The competitive service shall include: (a) All civilian positions

in the executive branch of the Government unless specifically

excepted therefrom by or pursuant to statute or by the Office of

Personnel Management (hereafter referred to in these Rules as the

Office) under section 6.1 of Rule VI; and (b) all positions in the

legislative and judicial branches of the Federal Government and in

the Government of the District of Columbia which are specifically

made subject to the civil-service laws by statute. The Office is

authorized and directed to determine finally whether a position is

in the competitive service.

SEC. 1.3. DEFINITIONS

As used in these Rules:

(a) ''Competitive service'' shall have the same meaning as the

words ''classified service'', or ''classified (competitive)

service'', or ''classified civil service'' as defined in existing

statutes and executive orders.

(b) ''Competitive position'' shall mean a position in the

competitive service.

(c) ''Competitive status'' shall mean basic eligibility to be

noncompetitively selected to fill a vacancy in a competitive

position. A competitive status shall be acquired by

career-conditional or career appointment through open competitive

examination upon satisfactory completion of a probationary period,

or may be granted by statute, executive order, or the Civil Service

Rules without competitive examination. A person with competitive

status may be promoted, transferred, reassigned, reinstated, or

demoted without taking an open competitive examination, subject to

the conditions prescribed by the Civil Service Rules and

Regulations.

(d) An employee shall be considered as being in the competitive

service when he has a competitive status and occupies a competitive

position unless he is serving under a temporary appointment:

Provided, That an employee who is in the competitive service at the

time his position is first listed under Schedule A, B, or C shall

be considered as continuing in the competitive service as long as

he continues to occupy such position.

(e) ''Tenure'' shall mean the period of time an employee may

reasonably expect to serve under his current appointment. Tenure

shall be granted and governed by the type of appointment under

which an employee is currently serving without regard to whether he

has a competitive status or whether his appointment is to a

competitive position or an excepted position.

SEC. 1.4. EXTENT OF THE EXCEPTED SERVICE

(a) The excepted service shall include all civilian positions in

the executive branch of the Government which are specifically

excepted from the requirements of the Civil Service Act or from the

competitive service by or pursuant to statute or by the Office

under section 6.1 of Rule VI.

(b) ''Excepted service'' shall have the same meaning as the words

''unclassified service'', or ''unclassified civil service'', or

''positions outside the competitive civil service'' as used in

existing statutes and executive orders.

(c) ''Excepted position'' shall have the same meaning as

''unclassified position'', or ''position excepted by law'', or

''position excepted by executive order'', or ''position excepted by

Civil Service Rule'', or ''position outside the competitive

service'' as used in existing statutes and executive orders.

RULE II - APPOINTMENT THROUGH THE COMPETITIVE SYSTEM

SEC. 2.1. COMPETITIVE EXAMINATIONS AND ELIGIBLE REGISTERS

(a) The Office shall be responsible for open competitive

examinations for admission to the competitive service which will

fairly test the relative capacity and fitness of the persons

examined for the position to be filled. The Office is authorized

to establish standards with respect to citizenship, age, education,

training and experience, suitability, and physical and mental

fitness, and for residence or other requirements which applicants

must meet to be admitted to or rated in examinations.

(b) In addition to the names of persons who qualify in

competitive examinations, the names of persons who have lost

eligibility on a career or career-conditional register because of

service in the armed forces, and the names of persons who lost

opportunity for certification or who have served under career or

career-conditional appointment when the Office determines that they

should be given certification, may also be entered at such places

on appropriate registers and under such conditions as the Office

may prescribe.

(c) Whenever the Office of Personnel Management (1) is unable to

certify a sufficient number of names to permit the appointing

officer to consider three eligibles for appointment to a

fourth-class postmaster position in accordance with the regular

procedure, or (2) finds that a particular rate of compensation for

fourth-class postmaster positions is too low to warrant regular

competitive examinations for such positions, it may authorize

appointment to any such position or positions in accordance with

such procedure as may be prescribed by the Office. Persons

appointed under this subsection may acquire competitive status

subject to satisfactory completion of a probationary period

prescribed by the Office.

SEC. 2.2. APPOINTMENTS

(a) The Office shall establish and administer a

career-conditional appointment system for positions subject to

competitive examination which will permit adjustment of the career

service to necessary fluctuations in Federal employment, and

provide an equitable and orderly system for stabilizing the Federal

work force. A competitive status shall be acquired by a

career-conditional appointee upon satisfactory completion of a

probationary period, but the appointee shall have

career-conditional tenure for a period of service to be prescribed

by regulation of the Office. When an employee has completed the

required period of service his appointment shall be converted to a

career appointment without time limitation: Provided, That his

career-conditional appointment shall not be converted to a career

appointment if the limitation on the number of permanent employees

in the Federal civil service established under subsection (b) of

this section would be exceeded thereby. Persons selected from

competitive civil service registers for other than temporary

appointment shall be given career-conditional appointments:

Provided, That career appointments shall be given to the following

classes of eligibles: (1) Persons whose appointments are required

by statute to be made on a permanent basis; (2) employees serving

under career appointments at the time of selections from such

registers; (3) former employees who have eligibility for career

appointments upon reinstatement; and (4) to the extent permitted by

law, persons appointed to positions in the field service of the

Post Office Department for which salary rates are fixed by the act

of July 6, 1945, 59 Stat. 435, as heretofore or hereafter amended

and supplemented.

(b) Under the career-conditional appointment system there shall

be a limit on the number of permanent employees in the Federal

civil service which shall be the ceiling established by section

1310 of the Supplemental Appropriation Act, 1952 (65 Stat. 757), as

amended (set out as a note under section 3101 of this title). In

the event section 1310, supra, is repealed, the Office is

authorized to fix such limitation on the number of permanent

employees in the Federal civil service as it finds necessary to

meet the needs of the service.

(c) The Office may determine the types, duration, and conditions

of indefinite and temporary appointments, and may prescribe the

method for replacing persons holding such appointments.

SEC. 2.3. APPORTIONMENT

Subject to such modifications as the Office finds to be necessary

in the interest of good administration, appointments to positions

in agencies' headquarters offices which are located within the

metropolitan area of Washington, D.C., shall be made so as to

maintain the apportionment of appointments among the several

States, Territories, and the District of Columbia upon the basis of

population.

SEC. 2.4. PROBATIONARY PERIOD

Persons selected from registers of eligibles for career or

career-conditional appointment and employees promoted, transferred,

or otherwise assigned, for the first time, to supervisory or

managerial positions shall be required to serve a probationary

period under terms and conditions prescribed by the Office.

RULE III - NONCOMPETITIVE ACQUISITION OF STATUS

SEC. 3.1. CLASSES OF PERSONS WHO MAY NONCOMPETITIVELY ACQUIRE

STATUS

(a) Upon recommendation by the agency concerned, and subject to

such noncompetitive examination, time limits, or other requirements

as the Office may prescribe, the following classes of persons may

acquire a competitive status without competitive examination:

(1) A person holding a permanent position when it is placed in

the competitive service by statute or executive order or is

otherwise made subject to competitive examination.

(2) A disabled veteran who, in a manner satisfactory to the

Office, has completed a course of training in the executive branch

of the Government prescribed by the Administrator of Veterans'

Affairs in accordance with the act of March 24, 1943, 57 Stat. 43.

(3) An employee who has served at least two years in the

immediate office of the President or on the White House Staff and

who is transferred to a competitive position at the request of an

agency.

(4) An employee who was serving when his name was reached for

certification on a civil-service register appropriate for the

position in which he was serving: Provided, That the recommendation

for competitive status is made prior to expiration of the register

on which his name appears or is made during a period of continuous

service since his name was reached: Provided further, That the

register was being used for appointments conferring competitive

status at the time his name was reached.

(b) Upon recommendation by the employing agency, and subject to

such requirements as the Office of Personnel Management may

prescribe, the following classes of handicapped employees may

acquire competitive status without competitive examination:

(1) A severely physically handicapped employee who completes at

least two years of satisfactory service in a position excepted from

the competitive service.

(2) A mentally retarded employee who completes at least two years

of satisfactory service in a position excepted from the competitive

service.

(3) An employee with psychiatric disabilities who completes at

least 2 years of satisfactory service in a position excepted from

the competitive service.

SEC. 3.2. APPOINTMENTS WITHOUT COMPETITIVE EXAMINATION IN RARE

CASES

Subject to receipt of satisfactory evidence of the qualifications

of the person to be appointed, the Office may authorize an

appointment in the competitive service without competitive

examination whenever it finds that the duties or compensation of

the position are such, or that qualified persons are so rare, that,

in the interest of good civil-service administration, the position

cannot be filled through open competitive examination. Any person

heretofore or hereafter appointed under this section shall acquire

a competitive status upon completion of at least one year of

satisfactory service and compliance with such requirements as the

Office may prescribe. Detailed statements of the reasons for the

noncompetitive appointments made under this section shall be

published in the Office's annual reports.

SEC. 3.3. CONVERSION OF APPOINTMENTS

Any person who acquires a competitive status under this Rule

shall have his appointment converted to career-conditional

appointment unless he meets the service requirement for career

appointment prescribed under section 2.2 (a) of Rule II.

RULE IV - PROHIBITED PRACTICES

SEC. 4.1. (REVOKED BY EX. ORD. NO. 12896, FEB. 3, 1994, 59 F.R.

5515.)

SEC. 4.2. PROHIBITION AGAINST RACIAL, POLITICAL OR RELIGIOUS

DISCRIMINATION

No person employed in the executive branch of the Federal

Government who has authority to take or recommend any personnel

action with respect to any person who is an employee in the

competitive service or any eligible or applicant for a position in

the competitive service shall make any inquiry concerning the race,

political affiliation or religious beliefs of any such employee,

eligible, or applicant. All disclosures concerning such matters

shall be ignored, except as to such membership in political parties

or organizations as constitutes by law a disqualification for

Government employment. No discrimination shall be exercised,

threatened, or promised by any person in the executive branch of

the Federal Government against or in favor of any employee in the

competitive service, or any eligible or applicant for a position in

the competitive service because of his race, political affiliation

or religious beliefs, except as may be authorized or required by

law.

SEC. 4.3. PROHIBITION AGAINST SECURING WITHDRAWAL FROM COMPETITION

No person shall influence another person to withdraw from

competition for any position in the competitive service for the

purpose of either improving or injuring the prospects of any

applicant for appointment.

RULE V - REGULATIONS, INVESTIGATIONS, EVALUATION, AND ENFORCEMENT

SEC. 5.1. CIVIL SERVICE REGULATIONS

The Director, Office of Personnel Management, shall promulgate

and enforce regulations necessary to carry out the provisions of

the Civil Service Act and the Veterans' Preference Act, as

reenacted in Title 5, United States Code (now covered by this

chapter and chapter 35 of this title), the Civil Service Rules, and

all other statutes and Executive orders imposing responsibilities

on the Office. The Director is authorized, whenever there are

practical difficulties and unnecessary hardships in complying with

the strict letter of the regulation, to grant a variation from the

strict letter of the regulation if such a variation is within the

spirit of the regulations, and the efficiency of the Government and

the integrity of the competitive service are protected and

promoted. Whenever a variation is granted the Director shall note

the official record to show: (1) the particular practical

difficulty or hardship involved, (2) what is permitted in place of

what is required by regulation, (3) the circumstances which protect

or promote the efficiency of the Government and the integrity of

the competitive service, and (4) a statement limiting the

application of the variation to the continuation of the conditions

which gave rise to it. Like variations shall be granted whenever

like conditions exist. All such decisions and information

concerning variations noted in the official record shall be

published promptly in a Federal Personnel Manual, Letter or

Bulletin and in the Director's next annual report.

SEC. 5.2. INVESTIGATION AND EVALUATIONS

The Director may secure effective implementation of the civil

service laws, rules, and regulations, and all Executive orders

imposing responsibilities on the Office by:

(a) Investigating the qualifications and suitability of

applicants for positions in the competitive service. The Director

may require appointments to be made subject to investigation to

enable the Director to determine, after appointment, that the

requirements of law or the civil service rules and regulations have

been met.

(b) Evaluating the effectiveness of: (1) personnel policies,

programs, and operations of Executive and other Federal agencies

subject to the jurisdiction of the Office, including their

effectiveness with regard to merit selection and employee

development; (2) agency compliance with and enforcement of

applicable laws, rules, regulations and office directives; and (3)

agency personnel management evaluation systems.

(c) Investigating, or directing an agency to investigate and

report on, apparent violations of applicable laws, rules,

regulations, or directives requiring corrective action, found in

the course of an evaluation.

SEC. 5.3. ENFORCEMENT

(a) The Director is authorized to ensure enforcement of the civil

service laws, rules, and regulations, and all applicable Executive

orders, by:

(1) Instructing an agency to separate or take other action

against an employee serving an appointment subject to investigation

when the Director finds that the employee is disqualified for

Federal employment. Where the employee or the agency appeals the

Director's finding that a separation or other action is necessary,

the Director may instruct the agency as to whether or not the

employee should remain on duty and continue to receive pay pending

adjudication of the appeal: Provided, That when an agency separates

or takes other action against an employee pursuant to the

Director's instructions, and the Director, on the basis of new

evidence, subsequently reverses the initial decision as to the

employee's qualifications and suitability, the agency shall, upon

request of the Director, restore the employee to duty or otherwise

reverse any action taken.

(2) Reporting the results of evaluation or investigations to the

head of the agency concerned with instructions for any corrective

action necessary, including cancellation of personnel actions where

appropriate. The Director's findings resulting from evaluations or

investigations are binding unless changed as a result of agency

evidence and arguments against them. If, during the course of any

evaluation or investigation under this Section, the Director finds

evidence of matters which come within the investigative and

prosecutorial jurisdiction of the Special Counsel of the Merit

Systems Protection Board, the Director shall refer this evidence to

the Special Counsel for appropriate disposition.

(b) Whenever the Director issues specific instructions as to

separation or other corrective action with regard to an employee,

including cancellation of a personnel action, the head of the

agency concerned shall comply with the Director's instructions.

(c) If the agency head fails to comply with the specific

instructions of the Director as to separation or other corrective

action with regard to an employee, including cancellation of a

personnel action, the Director may certify to the Comptroller

General of the United States the agency's failure to act together

with such additional information as the Comptroller General may

require, and shall furnish a copy of such certification to the head

of the agency concerned. The individual with respect to whom such

separation or other corrective action was instructed shall be

entitled thereafter to no pay or only to such pay as appropriate to

effectuate the Director's instructions.

SEC. 5.4. INFORMATION AND TESTIMONY

When required by the Office, the Merit Systems Protection Board,

or the Special Counsel of the Merit Systems Protection Board, or by

authorized representatives of these bodies, agencies shall make

available to them, or to their authorized representatives,

employees to testify in regard to matters inquired of under the

civil service laws, rules, and regulations, and records pertinent

to these matters. All such employees, and all applicants or

eligibles for positions covered by these rules, shall give to the

Office, the Merit Systems Protection Board, the Special Counsel, or

to their authorized representatives, all information, testimony,

documents, and material in regard to the above matters, the

disclosure of which is not otherwise prohibited by law or

regulation. These employees, applicants, and eligibles shall sign

testimony given under oath or affirmation before an officer

authorized by law to administer oaths. Employees are performing

official duty when testifying or providing evidence pursuant to

this section.

RULE VI - EXCEPTIONS FROM THE COMPETITIVE SERVICE

SEC. 6.1. AUTHORITY TO EXCEPT POSITIONS FROM THE COMPETITIVE

SERVICE

(a) The Office may except positions from the competitive service

when it determines that appointments thereto through competitive

examination are not practicable. These positions shall be listed

in the Office's annual report for the fiscal year in which the

exceptions are made.

(b) The Office shall decide whether the duties of any particular

position are such that it may be filled as an excepted position

under the appropriate schedule.

(c) Notice of the Office's decision granting authority to make

appointments to an excepted position under the appropriate schedule

shall be published in the Federal Register.

SEC. 6.2. SCHEDULES OF EXCEPTED POSITIONS

The Office shall list positions that it excepts from the

competitive service in Schedules A, B, and C, which schedules shall

constitute parts of this Rule, as follows:

SCHEDULE A

Positions other than those of a confidential or

policy-determining character for which it is not practicable to

examine shall be listed in Schedule A.

SCHEDULE B

Positions other than those of a confidential or

policy-determining character for which it is not practicable to

hold a competitive examination shall be listed in Schedule B.

Appointments to these positions shall be subject to such

noncompetitive examinations as may be prescribed by the Office.

SCHEDULE C

Positions of a confidential or policy-determining character shall

be listed in Schedule C.

SEC. 6.3. METHOD OF FILLING EXCEPTED POSITIONS AND STATUS OF

INCUMBENTS

(a) The head of an agency may fill excepted positions by the

appointment of persons without civil service eligibility or

competitive status and such persons shall not acquire competitive

status by reason of such appointment: Provided, That the Office, in

its discretion, may by regulation prescribe conditions under which

excepted positions may be filled in the same manner as competitive

positions are filled and conditions under which persons so

appointed may acquire a competitive status in accordance with the

Civil Service Rules and Regulations.

(b) To the extent permitted by law and the provisions of this

Rule, appointments and position changes in the excepted service

shall be made in accordance with such regulations and practices as

the head of the agency concerned finds necessary.

SEC. 6.4. REMOVAL OF INCUMBENTS OF EXCEPTED POSITIONS

Except as may be required by statute, the Civil Service Rules and

Regulations shall not apply to removals from positions listed in

Schedules A and C or from positions excepted from the competitive

service by statute. The Civil Service Rules and Regulations shall

apply to removals from positions listed in Schedule B of persons

who have competitive status.

SEC. 6.5. ASSIGNMENT OF EXCEPTED EMPLOYEES

No person who is serving under an excepted appointment shall be

assigned to the work of a position in the competitive service

without prior approval of the Office.

SEC. 6.6. REVOCATION OF EXCEPTIONS

The Office may remove any position from or may revoke in whole or

in part any provision of Schedule A, B, or C. Notice of the

Office's decision making these changes shall be published in the

Federal Register.

SEC. 6.7. MOVEMENT OF PERSONS BETWEEN THE CIVIL-SERVICE SYSTEM AND

OTHER MERIT SYSTEMS

Whenever the Office and any Federal agency having an established

merit system determine it to be in the interest of good

administration and consistent with the intent of the civil-service

laws and any other applicable laws, they may enter into an

agreement prescribing conditions under which persons may be moved

from one system to the other and defining the status and tenure

that the persons affected shall acquire upon such movement.

SEC. 6.8. SPECIFIED EXCEPTIONS

(a) Positions in the Department of the Interior and in the

Department of Commerce whose incumbents serve as the principal

representative of the Secretary in their respective regions shall

be listed in Schedule C for grades not exceeding grade GS-15 of the

General Schedule, and shall be designated Noncareer Executive

Assignments for positions graded higher than GS-15. Incumbents of

these positions who are, on February 15, 1975, in the competitive

service shall not be affected by the foregoing provisions of this

Section.

(b) Positions in the Community Services Administration and ACTION

(now Corporation for National and Community Service) whose

incumbents serve as regional director or regional administrator

shall be listed in Schedule C for grades not exceeding GS-15 of the

General Schedule and shall be designated Noncareer Executive

Assignments for positions graded higher than GS-15. Incumbents of

these positions who are, on November 29, 1977, in the competitive

service shall not be affected by the foregoing provisions of this

subsection.

(c) Within the Department of Agriculture, positions the

incumbents of which serve as State Executive Directors of the

Consolidated Farm Service Agency and positions the incumbents of

which serve as State Directors or State Directors-at-Large for

Rural Economic and Community Development shall be listed in

Schedule C for all grades of the General Schedule.

RULE VII - GENERAL PROVISIONS

SEC. 7.1. DISCRETION IN FILLING VACANCIES

In his discretion, an appointing officer may fill any position in

the competitive service either by competitive appointment from a

civil-service register or by noncompetitive selection of a present

or former Federal employee, in accordance with the Civil Service

Regulations. He shall exercise his discretion in all personnel

actions solely on the basis of merit and fitness and without regard

to political or religious affiliations, marital status, or race.

SEC. 7.2. REEMPLOYMENT RIGHTS

The Office, whenever it determines it to be necessary, shall

prescribe regulations governing the release of employees (both

within the competitive service and the excepted service) by any

agency in the executive branch of the Government for employment in

any other agency, and governing the establishment, granting, and

exercise of rights to reemployment in the agencies from which

employees are released.

SEC. 7.3. CITIZENSHIP

(a) No person shall be admitted to competitive examination unless

such person is a citizen or national of the United States.

(b) No person shall be given any appointment in the competitive

service unless such person is a citizen or national of the United

States.

(c) The Office may, as an exception to this rule and to the

extent permitted by law, authorize the appointment of aliens to

positions in the competitive service when necessary to promote the

efficiency of the service in specific cases or for temporary

appointments.

RULE VIII - APPOINTMENTS TO OVERSEAS POSITIONS

SEC. 8.1. ADDITIONAL AUTHORITY OF THE OFFICE

In addition to authorizing the recruitment and appointment of

persons to overseas positions under regulations issued under the

preceding Rules, the Office may, by the regulations prescribed by

it, authorize the recruitment and appointment of persons to such

positions as provided in section 2 of this Rule. As used in this

Rule, ''overseas positions'' means positions in foreign countries

and in other areas beyond the continental limits of the United

States, except as provided in section 8.4 hereof.

SEC. 8.2. APPOINTMENT OF UNITED STATES CITIZENS

United States citizens may be recruited overseas for appointment

to overseas positions in the competitive service without regard to

the competitive requirements of the Civil Service Act. Persons so

recruited who meet the qualification standards and other

requirements of the Office for overseas positions may be given

appointments to be known as ''overseas limited appointments.'' Such

appointments shall be of temporary or indefinite duration, and

shall not confer the right to acquire a competitive status. The

Office may authorize overseas limited appointments for United

States citizens recruited within the continental limits of the

United States whenever it determines that it is not feasible to

appoint from a civil-service register. Persons serving under

appointments made pursuant to this section are hereby excluded from

the operation of the Civil Service Retirement Act of May 29, 1930,

as amended (section 8301 et seq. of this title), unless eligible

for retirement benefits by continuity of service or otherwise.

SEC. 8.3. APPOINTMENT OF PERSONS NOT CITIZENS OF THE UNITED STATES

Persons who are not citizens of the United States may be

recruited overseas and appointed to overseas positions without

regard to the Civil Service Act.

SEC. 8.4. POSITIONS EXCEPTED FROM THE APPLICATION OF THIS RULE

This Rule shall not apply to positions in Hawaii, Puerto Rico,

the Virgin Islands, and Alaska, and on the Isthmus of Panama.

RULE IX - WORKFORCE INFORMATION

9.1 DEFINITION

As used in this rule, ''Executive agency'' means an Executive

department, a Government corporation, and an independent

establishment, as those terms are defined in chapter 1 of title 5,

United States Code, but does not include the Federal Bureau of

Investigation, the Central Intelligence Agency, the Defense

Intelligence Agency, the National Imagery and Mapping Agency, the

National Security Agency, and, as determined by the President, any

Executive agency or unit within an Executive agency which has as

its principal function the conduct of foreign intelligence or

counterintelligence activities.

9.2 REPORTING WORKFORCE INFORMATION

The Director of the Office of Personnel Management may require

all Executive agencies to report information relating to civilian

employees, including positions and employees in the competitive,

excepted, and Senior Executive services, in a manner and at times

prescribed by the Director. The Director shall establish standards

for workforce information submissions under this section, and

agencies shall ensure that their submissions meet these standards

consistent with the Privacy Act (5 U.S.C. 552a). The Director may

exempt from this section a specific agency or group of employees

when the Director determines that an exemption is appropriate

because of special circumstances.

RULE X - AGENCY ACCOUNTABILITY SYSTEMS; OPM AUTHORITY TO REVIEW

PERSONNEL MANAGEMENT PROGRAMS

10.1 DEFINITIONS

For purposes of this rule -

(a) ''agency'' means an Executive agency as defined in Rule IX,

but does not include a Government corporation or the General

Accounting Office; and

(b) ''merit system principles'' means the principles for Federal

personnel management that are set forth in section 2301(b) of title

5, United States Code.

10.2. ACCOUNTABILITY SYSTEMS

The Director of the Office of Personnel Management may require an

agency to establish and maintain a system of accountability for

merit system principles that (1) sets standards for applying the

merit system principles, (2) measures the agency's effectiveness in

meeting these standards, and (3) corrects any deficiencies in

meeting these standards.

10.3. OPM AUTHORITY TO REVIEW PERSONNEL MANAGEMENT PROGRAMS AND

PRACTICES

The Office of Personnel Management may review the human resources

management programs and practices of any agency and report to the

head of the agency and the President on the effectiveness of these

programs and practices, including whether they are consistent with

the merit system principles.

(Revoked by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521.)

PART II - SPECIAL PROVISIONS FOR TRANSITION FROM INDEFINITE

APPOINTMENT SYSTEM TO CAREER-CONDITIONAL APPOINTMENT SYSTEM

SEC. 201

(a) Under such conditions as the Office of Personnel Management

may prescribe, all employees serving under indefinite appointments

in the competitive service on the effective date of this order who

were appointed by selection in regular order from appropriate

competitive civil-service registers established subsequent to

February 4, 1946, shall, as of the effective date of this order,

have their appointments converted to career-conditional

appointments if they have had less than three years of creditable

service, and to career appointments if they have had three or more

years of such service since they were appointed: Provided, That any

such employees who left their positions prior to the effective date

of this order to enter the armed forces of the United States and

are reemployed in the competitive service after the effective date

of this order pursuant to application for employment made within

ninety days after honorable discharge, or after hospitalization

continuing after discharge for not more than one year, shall have

their former indefinite appointments converted to

career-conditional or career appointments in accordance with this

section: Provided further, That employees serving in excepted

positions who would meet the conditions for career-conditional or

career appointments if they were serving in competitive positions

shall be granted competitive status upon completion of a

probationary period.

(b) The Office may prescribe the conditions under which employees

who are serving under indefinite appointments in the competitive

service on the effective date of this order and who were not

appointed by selection in regular order from competitive

civil-service registers may be examined and have their names

entered on existing competitive civil-service registers. When such

employees are within reach for appointment from such registers they

shall be eligible for career-conditional appointments if, since

they were given indefinite appointments, they have had less than

three years of creditable service, and for career appointments if

they have had three or more years of such service.

(c) All employees in the competitive service who on the effective

date of this order are serving under indefinite appointments made

noncompetitively based upon prior service with a competitive status

shall, as of the effective date of this order, have their

appointments converted to career-conditional appointments if they

have had less than three years of creditable service and to career

appointments if they have had three or more years of such service

under either permanent or indefinite appointment: Provided, That

any such employees who left their positions prior to the effective

date of this order to enter the armed forces of the United States

and are reemployed in the competitive service after the effective

date of this order pursuant to application for employment made

within ninety days after honorable discharge, or after

hospitalization continuing after discharge for not more than one

year, shall have their former indefinite appointments converted to

career-conditional or career appointments in accordance with this

section: Provided further, That any such employees in the field

service of the Post Office Department whose salary rates are fixed

by the act of July 6, 1945, 59 Stat. 435, as heretofore or

hereafter amended and supplemented, shall have their appointments

converted to career appointments if they are serving in positions

in the authorized complement of permanent positions (consisting of

regular positions and positions within the authorized quota of

substitutes).

(d) The Office shall define ''creditable service'' and shall

prescribe the conditions for completion of the period of creditable

service required for career appointment.

(e) Except as provided in section 201(c) hereof, this section

shall not apply to employees serving under indefinite appointments

in the field service of the Post Office Department whose salary

rates are fixed by the act of July 6, 1945, 59 Stat. 435, as

heretofore or hereafter amended and supplemented.

SEC. 202

(a) Notwithstanding the provisions of section 201(a) of this

order, and subject to such noncompetitive examination or other

requirements as the Office may prescribe, any employee entitled to

veteran preference who has a compensable service-connected

disability of ten per centum or more may, upon recommendation of

the agency concerned, noncompetitively acquire a competitive status

subject to completion of a probationary period: Provided, That he

is serving under an indefinite appointment, a temporary appointment

pending establishment of a register, or a temporary appointment for

job employment which has been continuous for more than one year:

Provided further, That recommendation for acquisition of status

under this section is made not later than December 31, 1957.

(b) Any employee who is recommended for noncompetitive

acquisition of competitive status under section 202(a) hereof and

who satisfies the noncompetitive examination and other requirements

of the Office shall have the appointment under which he is serving

converted to a career appointment if he has completed a

probationary period or to a career-conditional appointment if he

has not completed a probationary period. The career-conditional

appointment of such an employee shall be converted to a career

appointment upon completion of probation.

(c) An employee in the field service of the Post Office

Department whose salary rate is fixed by the act of July 6, 1945,

59 Stat. 435, as heretofore or hereafter amended and supplemented,

may not be recommended for competitive status under section 202(a)

hereof unless he can be appointed to a vacancy in the authorized

complement of permanent positions (consisting of regular positions

and positions within the authorized quota of substitutes). When

such an employee is recommended for noncompetitive acquisition of

competitive status and satisfies the noncompetitive examination and

other requirements of the Office, his appointment shall be

converted to a career appointment subject to satisfactory

completion of a probationary period.

SEC. 203

The career-conditional appointment of any employee entitled to

veteran preference who has a compensable service-connected

disability of ten per centum or more may be converted to a career

appointment: Provided, That he received his career-conditional

appointment prior to January 1, 1958, and that, not later than

December 31, 1958, the agency in which he is employed recommends

such conversion and certifies to the Office that he has

satisfactorily completed a one-year probationary period: Provided

further, That any such employee who is not certified for career

appointment under this section shall have his career-conditional

appointment converted to a career appointment when he has completed

the service requirement for such appointment prescribed under

section 2.2(a) of Civil Service Rule II.

SEC. 204

In order to effectuate the purposes of section 1310 of the

Supplemental Appropriations Act, 1952 (65 Stat. 757), as amended

(set out as a note under section 3101 of this title), the Office

shall, after consultation with the agencies concerned, determine

the division of allowable permanent appointments within and between

the excepted service and the competitive service.

SEC. 205

The Office shall issue such regulations and instructions as may

be necessary to effectuate the purposes of this part.

PART III

SEC. 301

The following-described executive orders and parts of executive

orders are hereby revoked:

Part II of Executive Order No. 9830 of February 24, 1947,

amending the Civil Service Rules: Provided, That the positions

listed in Schedules A, B, and C as provided for in Civil Service

Rule VI of that order, as amended, shall be considered as being

listed in Schedules A, B, and C, respectively, as provided for in

Civil Service Rule VI of this order, unless and until they are

removed therefrom by the Office.

Executive Orders No. 9973 of June 28, 1948, No. 10440 of March

31, 1953, and No. 10463 of June 25, 1953, amending Civil Service

Rule VI.

Executive Order No. 10180 of November 13, 1950, establishing

special personnel procedures in the interest of national defense.

PART IV

SEC. 401

This order shall become effective on the first Sunday after the

sixtieth day after the date hereof.

EXECUTIVE ORDER NO. 10590

Ex. Ord. No. 10590, Jan. 18, 1955, 20 F.R. 409, as amended by Ex.

Ord. No. 10722, Aug. 7, 1957, 22 F.R. 6287; Ex. Ord. No. 10773,

July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23

F.R. 6971, which established the President's Committee on

Government Employment Policy, was superseded by Ex. Ord. No. 11246,

Sept. 24, 1965, 30 F.R. 12319, set out as a note under section

2000e of Title 42, The Public Health and Welfare.

EXECUTIVE ORDER NO. 10880

Ex. Ord. No. 10880, June 7, 1960, 25 F.R. 5131, as amended by Ex.

Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which provided for

conversion of indefinite or temporary appointments to career or

career-conditional appointments, was revoked by Ex. Ord. No. 12608,

Sept. 9, 1987, 52 F.R. 34617.

EXECUTIVE ORDER NO. 10925

Ex. Ord. No. 10925, Mar. 7, 1961, 26 F.R. 1977, as amended by Ex.

Ord. No. 11114, June 24, 1963, 28 F.R. 6485; Ex. Ord. No. 11162,

July 28, 1964, 29 F.R. 10563, which established the President's

Committee on Equal Employment Opportunity, was superseded by Ex.

Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, set out as a note

under section 2000e of Title 42, The Public Health and Welfare.

EXECUTIVE ORDER NO. 11114

Ex. Ord. No. 11114, June 24, 1963, 28 F.R. 6485, as amended by

Ex. Ord. No. 11162, July 28, 1964, 29 F.R. 10563, which extended

the authority of the President's Committee on Equal Employment

Opportunity, was superseded by Ex. Ord. No. 11246, Sept. 24, 1965,

30 F.R. 12319, set out as a note under section 2000e of Title 42,

The Public Health and Welfare.

EX. ORD. NO. 11141. DISCRIMINATION ON THE BASIS OF AGE

Ex. Ord. No. 11141, Feb. 12, 1964, 29 F.R. 2477, provided:

WHEREAS the principle of equal employment opportunity is now an

established policy of our Government and applies equally to all who

wish to work and are capable of doing so; and

WHEREAS discrimination in employment because of age, except upon

the basis of a bona fide occupational qualification, retirement

plan, or statutory requirement, is inconsistent with that principle

and with the social and economic objectives of our society; and

WHEREAS older workers are an indispensable source of productivity

and experience which our Nation can ill afford to lose; and

WHEREAS President Kennedy, mindful that maximum national growth

depends on the utilization of all manpower resources, issued a

memorandum on March 14, 1963, reaffirming the policy of the

Executive Branch of the Government of hiring and promoting

employees on the basis of merit alone and emphasizing the need to

assure that older people are not discriminated against because of

their age and receive fair and full consideration for employment

and advancement in Federal employment; and

WHEREAS, to encourage and hasten the acceptance of the principle

of equal employment opportunity for older persons by all sectors of

the economy, private and public, the Federal Government can and

should provide maximum leadership in this regard by adopting that

principle as an express policy of the Federal Government not only

with respect to Federal employees but also with respect to persons

employed by contractors and subcontractors engaged in the

performance of Federal contracts:

NOW, THEREFORE, by virtue of the authority vested in me by the

Constitution and statutes of the United States and as President of

the United States, I hereby declare that it is the policy of the

Executive Branch of the Government that (1) contractors and

subcontractors engaged in the performance of Federal contracts

shall not, in connection with the employment, advancement, or

discharge of employees, or in connection with the terms,

conditions, or privileges of their employment, discriminate against

persons because of their age except upon the basis of a bona fide

occupational qualification, retirement plan, or statutory

requirement, and (2) that contractors and subcontractors, or

persons acting on their behalf, shall not specify, in solicitations

or advertisements for employees to work on Government contracts, a

maximum age limit for such employment unless the specified maximum

age limit is based upon a bona fide occupational qualification,

retirement plan, or statutory requirement. The head of each

department and agency shall take appropriate action to enunciate

this policy, and to this end the Federal Procurement Regulations

and the Armed Services Procurement Regulation shall be amended by

the insertion therein of a statement giving continuous notice of

the existence of the policy declared by this order.

Lyndon B. Johnson.

EXECUTIVE ORDER NO. 11162

Ex. Ord. No. 11162, July 28, 1964, 29 F.R. 10563, which related

to membership of the President's Committee on Equal Employment

Opportunity, was superseded by Ex. Ord. No. 11246, Sept. 24, 1965,

30 F.R. 12319, set out as a note under section 2000e of Title 42,

The Public Health and Welfare.

EXECUTIVE ORDER NO. 11202

Ex. Ord. No. 11202, Mar. 5, 1965, 30 F.R. 3185, which established

career or career-conditional appointments for student trainees, was

revoked by Ex. Ord. No. 11813, Oct. 7, 1974, 39 F.R. 36317,

formerly set out below.

EX. ORD. NO. 11203. CAREER APPOINTMENTS TO CERTAIN QUALIFIED

EMPLOYEES OF TREASURY DEPARTMENT

Ex. Ord No. 11203, Mar. 12, 1965; 30 F.R. 3417, as amended by Ex.

Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me by Section 2 of the Civil

Service Act (22 Stat. 403) and Section 1753 of the Revised Statutes

of the United States (5 U.S.C. 631) (sections 3301 and 7301 of this

title) and as President of the United States, it is hereby ordered

as follows -

Section 1. Any employee of the Treasury Department serving under

an appointment under Schedule B of the Civil Service Rules in a

position concerned with the protection of the life and safety of

the President, members of his immediate family, or other persons

for whom similar protective services are provided by law (which

responsibility is hereinafter referred to as the protective

function) may have his appointment converted to a career

appointment if:

(1) he has completed at least three years of full-time continuous

service in a position concerned with the protective function;

(2) The Secretary of the Treasury, or his designee, recommends

the conversion of the employee's appointment within 90 days after

the employee meets the service requirements of this section, or

within 90 days after the date of this Order, whichever is later;

(3) he shall have passed a competitive examination appropriate

for the position he is occupying or meets noncompetitive

examination standards the Office of Personnel Management prescribes

for his position; and

(4) he meets all other requirements prescribed by the Office

pursuant to Section 5 of this Order.

Sec. 2. For the purposes of Section 1 -

(1) ''full-time continuous service'' means service without a

break of more than 30 calendar days;

(2) except as provided in paragraph (3) of this section, active

service in the Armed Forces of the United States shall be deemed to

be full-time continuous service in a position concerned with the

protective function if the employee concerned shall have left a

position concerned with the protective function to enter the Armed

Forces and shall have been re-employed in a position concerned with

the protective function within 120 days after he shall have been

discharged from the Armed Forces under honorable conditions; and

(3) active service in the Armed Forces shall not be deemed to be

full-time continuous service in a position concerned with the

protective function if such active service exceeds a total of four

years plus any period of additional service imposed pursuant to

law.

Sec. 3. Any employee who shall have left a position concerned

with the protective function to enter active service in the Armed

Forces of the United States, who is re-employed in such a position

within 120 days after his discharge under honorable conditions from

such service, and who meets the requirements of Section 1 as the

result of being credited with his period of active service in the

Armed Forces pursuant to Section 2(2), may have his appointment

converted if the Secretary of the Treasury or his designee,

recommends that conversion within 90 days after his re-employment.

Sec. 4. Whenever the Secretary of the Treasury, or his designee,

decides not to recommend conversion of the appointment of an

employee under this Order or whenever the Secretary, or his

designee, recommends conversion and the employee fails to qualify,

the employee shall be separated by the date on which his current

Schedule B appointment expires.

Sec. 5. The Office of Personnel Management shall prescribe such

regulations as may be necessary to carry out the purposes of this

Order.

EX. ORD. NO. 11219. APPOINTMENT IN COMPETITIVE SERVICE OF FOREIGN

SERVICE OFFICERS AND EMPLOYEES

Ex. Ord. No. 11219, May 6, 1965, 30 F.R. 6381, as amended by Ex.

Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12292,

Feb. 23, 1981, 46 F.R. 13967, provided:

By virtue of the authority vested in me by section 1753 of the

Revised Statutes (sections 3301 and 7301 of this title) and the

Civil Service Act (22 Stat. 403), and as President of the United

States, it is hereby ordered as follows:

Section 1. Under regulations and conditions prescribed by the

Office of Personnel Management, a present or former member of the

Foreign Service may be appointed in the competitive service if he:

(a) Is qualified for the position in the competitive service;

(b) Was appointed in the Foreign Service under authority of the

Foreign Service Act of 1946 as amended (former section 801 et seq.

of Title 22, Foreign Relations and Intercourse), the Foreign

Service Act of 1980 (section 3901 et seq. of Title 22), or

legislation that supplements or replaces the latter Act;

(c) Served in the Foreign Service under an unlimited, career-type

appointment and, immediately before his separation from that

appointment, he completed at least one year of continuous service

under one or more nontemporary appointments in the Foreign Service

which may include the service that made him eligible for his

career-type appointment; and

(d) Is appointed within 3 years after his separation from the

Foreign Service, or he completed at least 3 years of substantially

continuous service under one or more nontemporary appointments in

the Foreign Service immediately before his separation from the

unlimited, career-type appointment in that Service which may

include the service that made him eligible for such appointment, or

he is entitled to preference under section 2 of the Veterans'

Preference Act of 1944, as amended (sections 1302 and 2108 of this

title).

Sec. 2. (a) Except as provided in paragraph (b) of this section,

a person appointed under Section 1 of this Order becomes a career

conditional employee.

(b) A person appointed under Section 1 of this Order becomes a

career employee when he:

(1) Has completed at least 3 years of substantially continuous

service under one or more nontemporary appointments in the Foreign

Service immediately before his separation from the unlimited,

career-type appointment in that Service which may include the

service that made him eligible for such appointment;

(2) Is appointed to a position in the competitive service

required by law or Executive order to be filled on a permanent or

career basis; or

(3) Has completed the service requirement for career tenure in

the competitive service.

For the purpose of subparagraph (3) of this paragraph, service in

the Foreign Service is creditable in meeting the service

requirement only if the person concerned is appointed to a

nontemporary position in the competitive service under Section 1 of

this Order within 30 days after his separation from the Foreign

Service.

Sec. 3. A person appointed to a nontemporary position in the

competitive service under Section 1 of this Order acquires a

competitive status automatically on appointment.

Sec. 4. Any law, Executive order, or regulation that would

disqualify an applicant for appointment in the competitive service

shall also disqualify a person for appointment under Section 1 of

this Order.

Sec. 5. For the purpose of this Order, a person is deemed to be a

member of the ''Foreign Service'' if he was appointed in any agency

under authority of the Foreign Service Act of 1946, as amended

(former section 801 et seq. of Title 22, Foreign Relations and

Intercourse), the Foreign Service Act of 1980 (section 3901 et seq.

of Title 22), or legislation that supplements or replaces the

latter Act.

EX. ORD. NO. 11315. AMENDING THE CIVIL SERVICE RULES TO AUTHORIZE

AN EXECUTIVE ASSIGNMENT SYSTEM FOR POSITIONS IN GRADES 16, 17, AND

18 OF THE GENERAL SCHEDULE

Ex. Ord. No. 11315, Nov. 17, 1966, 31 F.R. 14729, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

WHEREAS, the increasing complexities of Government require

personnel of the highest attainable qualifications who are capable

of assuming and discharging efficiently major and varied duties and

responsibilities in the Executive Branch in response to present and

future needs; and

WHEREAS, this need for high quality can best be met by the

establishment of an executive assignment system for the top three

grades of the General Schedule, extending and adapting merit

principles in recruitment, selection, and development, combined

with improvements in the identification, assignment and utilization

of key personnel:

NOW, THEREFORE, by virtue of the authority vested in me by the

Constitution of the United States, by 5 U.S.C. 3301 and 3302, and

as President of the United States, it is ordered as follows:

PART I. CIVIL SERVICE RULES

Section 1. The Civil Service Rules are amended by the addition of

Civil Service Rule IX reading as follows:

(Civil Service Rule IX, as established by Ex. Ord. No. 11315, as

amended, was revoked by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R.

4521. See Ex. Ord. No. 10577, as amended, set out above.)

CIVIL SERVICE RULE VI

Sec. 2. Civil Service Rule VI is amended in pertinent part as

follows:

(a) Section 6.1(a) is amended to read as follows:

''(a) The Office may except positions from the competitive

service when it determines that appointments thereto through

competitive examination are not practicable. These positions shall

be listed in the Office's annual report for the fiscal year in

which the exceptions are made. The exception from the competitive

service is effective on publication in the Federal Register.''

(b) Section 6.6 is amended to read as follows:

''Section 6.6 Revocation of exceptions. The Office may remove

any position from or may revoke in whole or in part any provision

of Schedule A, B, or C. These changes are effective on publication

in the Federal Register.''

PART II. SPECIAL PROVISIONS FOR TRANSITION TO THE FULL

ESTABLISHMENT OF EXECUTIVE ASSIGNMENTS UNDER RULE IX

Sec. 3. Effective dates. This order, except section 1, is

effective upon filing for publication in the Federal Register.

Section 1 of this order is effective not later than one year from

the date of this order, or at such earlier dates as the Office of

Personnel Management may specify for individual agencies or

positions.

Sec. 4. Interim appointments. After the date of this order and

before Civil Service Rule IX has become effective as to a position,

an appointing officer may fill the position in accordance with the

appointment system in effect on the day of the appointment.

Sec. 5. Conversion of incumbents. On the day Civil Service Rule

IX becomes effective as to a position, the appointment of the

incumbent of that position shall be changed as follows:

(a) If he is serving under a career or career-conditional

appointment in the competitive service, he shall be converted to a

Career Executive Assignment;

(b) If he is serving in the excepted service under a nontemporary

appointment, he shall be converted to a Noncareer Executive

Assignment;

(c) If he is serving in the competitive service under an

indefinite or temporary appointment without definite time limit

and:

(1) if he has served under this type of appointment for at least

five years, he shall be:

(i) converted to a Career Executive Assignment, or appointed to a

continuing position in the competitive service in grade GS-15, or

below;

(ii) converted to a Noncareer Executive Assignment; or

(iii) separated from the service; or

(2) if he has served under this type of appointment for less than

five years, he shall be:

(i) converted to a Noncareer Executive Assignment;

(ii) separated from the service; or

(iii) allowed to continue to serve until he has served five

years, at which time the appointing officer shall take one of the

actions provided for in subparagraph (1) of this paragraph.

An incumbent who is serving under any other type of appointment

shall continue under that appointment until it is terminated.

PART III. ADMINISTRATION

Sec. 6. Office responsibilities. The Office of Personnel

Management is responsible to the President for the effective

implementation and administration of the executive assignment

system established by this Order. The Office shall continuously

review operations under this system, shall recommend promptly to

the President any changes that are necessary to improve this

system, and shall report periodically to the President any

significant developments in the operation of the system. The

Office shall recommend to the President a program of special honors

and awards for the recognition of persons assigned to Career

Executive Assignments and a program for the development and

training of persons assigned to Career Executive Assignments. The

training program shall include the establishment of special

training and educational facilities, and provide for the relevant

use of outside training facilities.

Sec. 7. Responsibilities of the agencies. The head of each

agency in which there are positions covered by Civil Service Rule

IX shall periodically review with the Office of Personnel

Management his plans for staffing. The head of a newly established

agency shall initially review with the Office his plans for

staffing as soon as practicable after the establishment of the

agency. The head of each agency shall cooperate fully with the

Office in the establishment of special facilities and special

boards and panels that are required under Civil Service Rule IX as

a means of recruiting persons of the highest quality.

Sec. 8. Regulations. The Office of Personnel Management shall

prescribe such regulations as may be necessary to carry out the

purpose and intent of this Order.

EXECUTIVE ORDER NO. 11598

Ex. Ord. No. 11598, June 16, 1971, 36 F.R. 11711, formerly set

out as a note under this section, which related to the listing of

certain job vacancies by federal agencies and government

contractors and subcontractors, was superseded by Ex. Ord. No.

11701, Jan. 24, 1973, 38 F.R. 2675, set out as a note under section

4212 of Title 38, Veterans' Benefits.

EXECUTIVE ORDER NO. 11813

Ex. Ord. No. 11813, Oct. 7, 1974, 39 F.R. 36317, which related to

career or career-conditional appointments for cooperative education

students, was revoked by Ex. Ord. No. 12015, Oct. 26, 1977, 42 F.R.

56947, set out below.

EX. ORD. NO. 11839. AMENDING THE CIVIL SERVICE RULES TO EXCEPT

CERTAIN POSITIONS IN REGIONAL OFFICES FROM THE CAREER SERVICE

Ex. Ord. No. 11839, Feb. 15, 1975, 40 F.R. 7351, provided:

The program to decentralize Federal policy and decision making

and to involve local governments and other interested parties in

Federal, State, and local policy and program development requires a

capability for deep involvement in the development and advocacy of

Administration proposals and policies, and support of their

controversial aspects, on the part of certain senior regional

officials.

NOW, THEREFORE, by virtue of the authority vested in me by the

Constitution of the United States and Sections 3301 and 3302 of

Title 5 of the United States Code, and as President of the United

States of America, it is hereby ordered as follows:

Section 1. Civil Service Rule VI is amended by adding the

following Section:

''SECTION 6.8. SPECIFIED EXCEPTIONS

''Positions in the Department of the Interior whose incumbents

serve as the principal representative of the Secretary in their

respective regions shall be listed in Schedule C for grades not

exceeding grade GS-15 of the General Schedule and shall be

designated Noncareer Executive Assignments for positions graded

higher than GS-15. Incumbents of these positions who are, on

February 15, 1975, in the competitive service shall not be affected

by the foregoing provisions of this Section.''

Sec. 2. Civil Service Rule IX is amended by adding the following:

''SEC. 9.11. SPECIFIED NONCAREER EXECUTIVE ASSIGNMENTS

''The regional director, regional administrator, or the

Secretary's principal regional representative positions in the

Department of Health, Education, and Welfare, Housing and Urban

Development, Transportation and Labor, and those positions in the

Environmental Protection Agency shall be designated Noncareer

Executive Assignments; and, the Limited Executive Assignments of

any incumbents of these positions on February 15, 1975, are

converted to Noncareer Executive Assignments. Incumbents of these

positions serving in Career Executive Assignments on February 15,

1975, shall not be affected by the foregoing provisions of this

Section.'' Gerald R. Ford.

EX. ORD. NO. 11856. AMENDING THE CIVIL SERVICE RULES TO EXCEPT

CERTAIN POSITIONS IN REGIONAL OFFICES FROM THE CAREER SERVICE

Ex. Ord. No. 11856, May 7, 1975, 40 F.R. 20259, provided:

By virtue of the authority vested in me by the Constitution of

the United States of America and Sections 3301 and 3302 of Title 5

of the United States Code, and as President of the United States of

America, Section 9.11 of Civil Service Rule IX is amended by adding

''and the Small Business Administration'' after ''Environmental

Protection Agency.'' Gerald R. Ford.

EX. ORD. NO. 11887. AMENDING THE CIVIL SERVICE RULES TO EXCEPT

CERTAIN POSITIONS FROM THE CAREER SERVICE

Ex. Ord. No. 11887, Nov. 4, 1975, 40 F.R. 51411, provided:

By virtue of the authority vested in me by the Constitution of

the United States of America and Sections 3301 and 3302 of Title 5

of the United States Code, and as President of the United States of

America, Section 6.8 of Civil Service Rule VI is amended by adding

''and in the Department of Commerce'' after ''Department of the

Interior''. Gerald R. Ford.

EX. ORD. NO. 11935. AMENDING THE CIVIL SERVICE RULES CONCERNING

CITIZENSHIP REQUIREMENTS FOR FEDERAL EMPLOYMENT

Ex. Ord. No. 11935, Sept. 2, 1976, 41 F.R. 37301, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me by the Constitution and

statutes of the United States of America, including Sections 3301

and 3302 of Title 5 of the United States Code, and as President of

the United States of America, Civil Service Rule VII (5 CFR Part 7)

is hereby amended by adding thereto the following new section:

''SECTION 7.4. CITIZENSHIP

''(a) No person shall be admitted to competitive examination

unless such person is a citizen or national of the United States.

''(b) No person shall be given any appointment in the competitive

service unless such person is a citizen or national of the United

States.

''(c) The Office may, as an exception to this rule and to the

extent permitted by law, authorize the appointment of aliens to

positions in the competitive service when necessary to promote the

efficiency of the service in specific cases or for temporary

appointments.''.

EX. ORD. NO. 11955. CAREER OR CAREER-CONDITIONAL APPOINTMENT TO

CERTAIN QUALIFIED EMPLOYEES OF NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION

Ex. Ord. No. 11955, Jan. 10, 1977, 42 F.R. 2499, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me by section 3301 of title

5 of the United States Code (this section), and as President of the

United States of America, it is hereby ordered as follows:

Section 1. The appointment of a Command Pilot, Pilot or Mission

Specialist candidate to a position in the Space Shuttle Astronaut

Program of the National Aeronautics and Space Administration, which

is listed under Schedule B of the Schedule of Excepted Positions,

may be converted to career or career-conditional appointment if:

(a) the candidate has successfully completed two years of service

as a candidate in an appropriate training program;

(b) the Administrator of the National Aeronautics and Space

Administration, or the Administrator's designee, recommends the

conversion of the candidate's appointment within ninety days of

completion of the requirements of section 1(a);

(c) the candidate meets noncompetitive examination standards

prescribed by the Office of Personnel Management; and

(d) the candidate meets all other requirements prescribed by the

Office of Personnel Management pursuant to section 3 of this order.

Sec. 2. Whenever the Administrator of the National Aeronautics

and Space Administration, or the Administrator's designee, decides

not to recommend conversion of an appointment under this order or

whenever the Administrator, or the Administrator's designee,

recommends conversion and the candidate fails to qualify, the

candidate shall be separated not later than the date of expiration

of the current Schedule B appointment, unless the appointment can

be converted through appropriate competitive examination or the

candidate can be assigned to a suitable position under another

excepted authority prior to the expiration date.

Sec. 3. The Office of Personnel Management shall prescribe such

regulations as may be necessary to carry out the purpose of this

order.

EXECUTIVE ORDER NO. 12008

Ex. Ord. No. 12008, Aug. 25, 1977, 42 F.R. 43373, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which established

a Presidential Management Intern Program, was revoked by Ex. Ord.

No. 12364, May 24, 1982, 47 F.R. 22931, set out below.

EX. ORD. NO. 12015. CAREER OR CAREER-CONDITIONAL APPOINTMENTS IN

COMPETITIVE SERVICE FOR STUDENTS COMPLETING APPROVED CAREER-RELATED

WORK-STUDY PROGRAMS

Ex. Ord. No. 12015, Oct. 26, 1977, 42 F.R. 56947, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No.

13024, Nov. 7, 1996, 61 F.R. 58125, provided:

By virtue of the authority vested in me by Sections 3301 and 3302

of Title 5 of the United States Code, and as President of the

United States of America, it is hereby ordered as follows:

Section 1. As used in this order ''career-related work-study

programs'' are those programs established by the Office of

Personnel Management which provide for a formally-arranged schedule

of periods of attendance at an accredited school combined with

periods of career-related work in a Federal agency under a Schedule

B appointment.

Sec. 2. The appointment of a student to a position in a

career-related work-study program may be converted noncompetitively

to a term, career, or career-conditional appointment if the

student:

(a) has completed within the preceding 120 days an educational

program that meets the provisions established by the Office of

Personnel Management;

(b) has satisfied all course requirements leading to completion

of the related curriculum at an accredited school;

(c) is recommended for such an appointment by the employing

agency in which the career-related work was performed; and,

(d) satisfies such other requirements and conditions as the

Office of Personnel Management may prescribe for term, career, or

career-conditional appointment of an individual in career-related

work-study programs.

Sec. 3. The Office of Personnel Management shall prescribe such

regulations as it deems necessary to carry out the provisions of

this order and to provide for the continuation of planning,

implementation and evaluation of employment programs for students

throughout the Government. These regulations shall provide for the

periodic evaluation of the work of each student and require that

each student's continuation in the program shall be dependent upon

a finding of satisfactory performance.

Sec. 4. Students converted to term appointment under section 2

may subsequently be converted noncompetitively to a career or

career-conditional appointment before the term appointment expires.

Sec. 5. Executive Order No. 11813 of October 7, 1974, is hereby

revoked.

EX. ORD. NO. 12021. AMENDING THE CIVIL SERVICE RULES TO EXCEPT

CERTAIN POSITIONS FROM THE CAREER SERVICE

Ex. Ord. No. 12021, Nov. 30, 1977, 42 F.R. 61237, provided:

By virtue of the authority vested in me by the Constitution of

the United States of America, and Sections 3301 and 3302 of Title 5

of the United States Code, and as President of the United States of

America, it is hereby ordered as follows:

Section 1. That portion of Section 6.8 of Civil Service Rule VI

following the heading ''Specified Exceptions.'' (5 C.F.R. 6.8) is

designated subsection (a) and a new subsection (b) is added as

follows:

''(b) Positions in the Community Services Administration and

ACTION (now Corporation for National and Community Service) whose

incumbents serve as regional director or regional administrator

shall be listed in Schedule C for grades not exceeding GS-15 of the

General Schedule and shall be designated Noncareer Executive

Assignments for positions graded higher than GS-15. Incumbents of

these positions who are, on November 29, 1977, in the competitive

service shall not be affected by the foregoing provisions of this

subsection.''.

Sec. 2. That portion of Section 9.11 of Civil Service Rule IX

following the heading ''Career Executive Assignments; selection and

assignment.'' (5 C.F.R. 9.11) is designated subsection (a) and a

new subsection (b) is added as follows:

''(b) The regional director or regional administrator positions

in the Defense Civil Preparedness Agency and the General Services

Administration shall be designated as Noncareer Executive

Assignments and the Limited Executive Assignments of any incumbents

of these positions on November 29, 1977, are converted to Noncareer

Executive Assignments. Incumbents of these positions who are, on

November 29, 1977, serving in Career Executive Assignments shall

not be affected by the foregoing provisions of this subsection.''.

Jimmy Carter.

EXECUTIVE ORDER NO. 12026

For provisions relating to eligibility for reinstatement in the

competitive civil service of certain employees of the Energy

Department, see Ex. Ord. No. 12026, Dec. 5, 1977, 42 F.R. 61849,

set out as a note under section 7292 of Title 42, The Public Health

and Welfare.

EX. ORD. NO. 12043. AMENDING THE CIVIL SERVICE RULES REGARDING

NOTICE OF EXEMPTIONS FROM THE COMPETITIVE SERVICE

Ex. Ord. No. 12043, Mar. 7, 1978, 43 F.R. 9773, as amended by Ex.

Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me by the Constitution of

the United States of America, and Sections 3301 and 3302 of Title 5

of the United States Code, and as President of the United States of

America, it is hereby ordered as follows:

Section 1. Section 6.1 of Civil Service Rule VI (5 CFR 6.1) is

amended by deleting the third sentence in subsection (a) thereof

and by adding a new subsection (c) as follows:

''(c) Notice of the Office's decision granting authority to make

appointments to an excepted position under the appropriate schedule

shall be published in the Federal Register.''.

Sec. 2. Section 6.6 of the Civil Service Rule VI (5 CFR 6.6) is

amended by deleting the second sentence thereof and substituting

''Notice of the Office's decision making these changes shall be

published in the Federal Register.''.

Sec. 3. Section 9.6 of the Civil Service Rule IX (5 CFR 9.6) is

amended by adding a new subsection (c) as follows:

''(c) The Office shall include in its annual report a current

listing, by agency, of all positions authorized to be filled by

Limited Executive Assignment.''.

Sec. 4. Section 9.20 of Civil Service Rule IX (5 CFR 9.20) is

amended by adding a new subsection (f) as follows:

''(f) The Office shall include in its annual report a current

listing, by agency, of all positions authorized to be filled by

Noncareer Executive Assignment.''. Jimmy Carter.

EX. ORD. NO. 12125. AMENDING THE CIVIL SERVICE RULES RELATING TO

COMPETITIVE STATUS FOR HANDICAPPED FEDERAL EMPLOYEES

Ex. Ord. No. 12125, Mar. 15, 1979, 44 F.R. 16879, provided:

By the authority vested in me as President of the United States

of America by Sections 3301 and 3302 of Title 5 of the United

States Code, and in order to permit severely physically handicapped

and mentally retarded individuals to obtain civil service

competitive status, Civil Service Rule 3.1 (5 CFR 3.1) is hereby

amended by adding the following new subsection:

''(b) Upon recommendation by the employing agency, and subject to

such requirements as the Office of Personnel Management may

prescribe, the following classes of handicapped employees may

acquire competitive status without competitive examination:

''(1) A severely physically handicapped employee who completes at

least two years of satisfactory service in a position excepted from

the competitive service.

''(2) A mentally retarded employee who completes at least two

years of satisfactory service in a position excepted from the

competitive service.''. Jimmy Carter.

EXECUTIVE ORDER NO. 12257

Ex. Ord. No. 12257, Dec. 18, 1980, 45 F.R. 84005, which provided

for noncompetitive conversion of participants in the Comprehensive

Employment and Training Act program to career or career-conditional

Civil Service status, was revoked by Ex. Ord. No. 12553, Feb. 25,

1986, 51 F.R. 7237.

EXECUTIVE ORDER NO. 12300

Ex. Ord. No. 12300, Mar. 23, 1981, 46 F.R. 18683, which amended

section 6.8 of Civil Service Rule VI by adding subsec. (c),

excepting certain positions in Department of Agriculture from the

competitive service, was superseded by Ex. Ord. No. 12940, Nov. 28,

1994, 59 F.R. 61519, set out below.

EXECUTIVE ORDER NO. 12362

Ex. Ord. No. 12362, May 12, 1982, 47 F.R. 21231, as amended by

Ex. Ord. No. 12585, Mar. 3, 1987, 52 F.R. 6773, which related to

appointment to competitive status of certain overseas employees

upon return to the United States, was revoked by Ex. Ord. No.

12721, July 30, 1990, 55 F.R. 31349, set out below.

EX. ORD. NO. 12364. PRESIDENTIAL MANAGEMENT INTERN PROGRAM

Ex. Ord. No. 12364, May 24, 1982, 47 F.R. 22931, as amended by

Ex. Ord. No. 12645, July 12, 1988, 53 F.R. 26750, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including Sections 3301

and 3302 of Title 5 of the United States Code, and in order to

provide for the recruitment and selection of outstanding employees

for careers in public sector management, it is hereby ordered as

follows:

Section 1. There is hereby reconstituted the Presidential

Management Intern Program. The purpose of the Program is to attract

to the Federal service outstanding men and women from a variety of

academic disciplines who have a clear interest in, and commitment

to, a career in the analysis and management of public policies and

programs. Individuals selected for the Program will be known as

Presidential Management Interns.

Sec. 2. Eligible individuals are those who have pursued a course

of study at the graduate level which demonstrates both an

exceptional ability and the commitment stated above. Such

individuals at the time of application must have recently received

or must expect to receive soon an appropriate advanced degree.

Sec. 3. (a) The Office of Personnel Management shall provide

specific guidance as to what constitutes an appropriate advanced

degree.

(b) The Office of Personnel Management shall develop appropriate

procedures for the recruitment, nomination, screening, placement

and continuing career development of outstanding individuals

possessing the qualifications described above.

(c) In developing those procedures, the Office of Personnel

Management shall be guided by the following principles and

policies:

(1) The number of new Presidential Management Interns selected

shall not exceed four hundred in any fiscal year.

(2) Final placement of Presidential Management Interns shall be

made by the head of the department, agency, or component within the

Executive Office of the President in which the Intern is to be

employed, or by the designee thereof.

(3) Universities and colleges participating in the Program shall

make nominations for the Program. In making nominations, they shall

establish competitive selection processes and procedures to ensure

that all applicants receive careful and thorough review.

(4) The procedures so developed shall provide for such

affirmative actions as the Office of Personnel Management deems

appropriate to assure equal employment opportunity. The procedures

shall also provide for the application of appropriate veterans

preference criteria.

Sec. 4. (a) Successful candidates shall be appointed as

Presidential Management Interns to positions in Schedule A of the

excepted service. The appointment shall not exceed two years

unless extended by the Federal department or agency, with the

concurrence of the Office of Personnel Management, for up to one

additional year.

(b) Tenure for the Presidential Management Interns shall be

governed by the following principles and policies:

(1) Assigned responsibilities shall be consistent with an

Intern's educational background and career interests, and the

purposes of this Program.

(2) Continuation in the Program shall be contingent upon

satisfactory performance by the Interns throughout the internship

period.

(3) Except as provided in subsection (4) of this Section, service

as an Intern shall confer no rights to further Federal employment

in either the competitive or excepted service upon the expiration

of the internship period.

(4) Competitive civil service status may be granted to Interns

who satisfactorily complete their internships and meet all other

requirements prescribed by the Office of Personnel Management.

Sec. 5. Those individuals who are currently undergoing the

process of selection, or who were selected or appointed under the

provisions of Executive Order No. 12008 (formerly set out as a note

above) and who have not at this time completed their scheduled

period of excepted service, may continue their internships under

the terms of this Order.

Sec. 6. The Office of Personnel Management shall prescribe such

regulations as may be necessary to carry out the purposes of this

Order.

Sec. 7. Executive Order No. 12008 of August 25, 1977 is revoked.

Ronald Reagan.

EX. ORD. NO. 12505. CAREER APPOINTMENTS TO CERTAIN OFFICE OF

MANAGEMENT AND BUDGET EMPLOYEES

Ex. Ord. No. 12505, Feb. 12, 1985, 50 F.R. 6151, provided:

By the authority vested in me as President by the laws of the

United States of America, including Section 3301 and 3302 of Title

5, and Section 521 of Title 31 of the United States Code, it is

hereby ordered as follows:

Section 1. No later than April 1, 1985, any employee of the

Office of Management and Budget serving under an appointment under

Schedule A in a position not limited to one year or less, concerned

with implementation of the President's paperwork reduction and

regulatory review and planning programs, may have his or her

appointment converted to a career or career-conditional appointment

if the Director of the Office of Management and Budget determines

that:

(a) The employee has completed at least one year of full-time

continuous service in a position concerned with the paperwork

reduction and regulatory program;

(b) There is a continuing need for the position filled by the

employee;

(c) The employee's past performance has been satisfactory and the

employee possesses the qualifications necessary to continue in the

position; and

(d) The employee meets the citizenship requirements and

qualification standards appropriate for the position.

Sec. 2. If the Director determines not to convert an employee's

appointment to career or career-conditional status under the

preceding Section, the employee shall be separated not later than

the date of expiration of the current appointment.

Sec. 3. Employees whose appointments are converted under this

Order shall become career-conditional employees, or career

employees if they have completed the service requirements for

career tenure, and all converted employees shall acquire a

competitive status. Ronald Reagan.

EXECUTIVE ORDER NO. 12596

Ex. Ord. No. 12596, May 7, 1987, 52 F.R. 17537, which provided

for noncompetitive conversion to career status of certain employees

in professional and administrative career positions, was revoked by

Ex. Ord. No. 13162, July 6, 2000, 65 F.R. 43212, set out as a note

below.

EX. ORD. NO. 12685. NONCOMPETITIVE CONVERSION OF PERSONAL

ASSISTANTS TO EMPLOYEES WITH DISABILITIES

Ex. Ord. No. 12685, July 28, 1989, 54 F.R. 31796, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including sections 3301

and 3302 of title 5, United States Code, it is hereby ordered as

follows:

Section 1. Upon recommendation by the employing agency, and

subject to qualifications and other requirements prescribed by the

Office of Personnel Management, an employee in a position in the

excepted service under 5 C.F.R. 213.3102(11) as a reader,

interpreter, or personal assistant for a handicapped employee,

whose employment in such position is no longer necessary and who

has completed at least 1 year of satisfactory service in such

position under a non-temporary appointment, may be converted

noncompetitively to a career or career-conditional appointment.

Sec. 2. This order shall be effective upon publication in the

Federal Register. George Bush.

EX. ORD. NO. 12718. PRESIDENT'S ADVISORY COMMISSION ON THE PUBLIC

SERVICE

Ex. Ord. No. 12718, June 29, 1990, 55 F.R. 27451, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the Federal

Advisory Committee Act, as amended (5 U.S.C. App.), and in order to

provide a continuing source of advice on the public service from

outstanding leaders in various walks of private life, it is hereby

ordered as follows:

Section 1. Establishment. The President's Advisory Commission on

the Public Service (''Commission'') is hereby established. The

Commission shall be comprised of 13 members to be appointed by the

President from among leading citizens in private life. The members

shall be appointed for 2-year terms, except that initial

appointments shall include six members appointed to serve 1-year

terms. Any vacancy in the Commission shall be filled by an

appointment for the remainder of the term for which the original

appointment was made, and a member whose term has expired may serve

until his or her successor has been appointed. The President shall

designate one of the members of the Commission to serve as

Chairperson.

Sec. 2. Functions. (a) The Commission shall meet from time to

time at the request of the Chairperson and shall consider ways to

enhance the public service in American life, including:

(1) improving the efficiency and attractiveness of the Federal

civil service;

(2) increasing the interest among American students in pursuing

careers in the public service; and

(3) strengthening the image of the public service in American

life.

(b) The Commission shall submit a report on its activities to the

Director of the Office of Personnel Management and the President

each year.

Sec. 3. Administrative Provisions. (a) The members of the

Commission shall serve without compensation, but may receive travel

expenses, including per diem in lieu of subsistence, in accordance

with sections 5702 and 5703 of title 5, United States Code.

(b) All executive agencies are directed, to the extent permitted

by law, to provide such information, advice, and assistance to the

Commission as the Commission may request.

(c) The Director of the Office of Personnel Management shall, to

the extent permitted by law and subject to the availability of

funds, provide the Commission with administrative services, staff

support, and necessary expenses.

Sec. 4. General. Notwithstanding any other Executive order, the

functions of the President under the Federal Advisory Committee

Act, as amended (5 U.S.C. App.), except that of reporting to the

Congress, which are applicable to the Commission, shall be

performed by the Office of Personnel Management in accordance with

the guidelines and procedures established by the Administrator of

General Services. George Bush.

EX. ORD. NO. 12721. ELIGIBILITY OF OVERSEAS EMPLOYEES FOR

NONCOMPETITIVE APPOINTMENTS

Ex. Ord. No. 12721, July 30, 1990, 55 F.R. 31349, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including sections 3301

and 3302 of title 5 and section 301 of title 3 of the United States

Code, and in order to permit certain overseas employees to acquire

competitive status upon returning to the United States, it is

hereby ordered as follows:

Section 1. A United States citizen who is a family member of a

Federal civilian employee, of a nonappropriated fund employee, or

of a member of a uniformed service and who meets the qualifications

and other requirements established by the Director of the Office of

Personnel Management, including an appropriate period of

satisfactory service under one or more overseas appointments in the

excepted or competitive civil service, may be appointed

noncompetitively to a competitive service position in the executive

branch within the United States (including Guam, Puerto Rico, and

the Virgin Islands). The employing agency in the United States may

waive a requirement for a written test for an individual appointed

under this order if the agency determines that the duties and

responsibilities of the position occupied overseas were similar

enough to those of the position to which the individual is being

appointed under this order to make the written test unnecessary.

Sec. 2. The Director of the Office of Personnel Management shall

prescribe such regulations as may be necessary to implement this

order.

Sec. 3. To the extent there is any conflict between this order

and Civil Service Rule 8.2 (5 CFR 8.2) (set out above), the

provisions of this order shall control.

Sec. 4. (a) Executive Order No. 12362 of May 12, 1982, as

amended, and Executive Order No. 12585 of March 3, 1987, are

revoked.

(b) Existing regulations prescribed by the Director of the Office

of Personnel Management under Executive Order No. 12362, as

amended, shall continue in effect until modified or superseded by

the Director of the Office of Personnel Management.

Sec. 5. This order shall be effective upon publication in the

Federal Register. George Bush.

EX. ORD. NO. 12940. AMENDMENT TO CIVIL SERVICE RULE VI

Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 61519, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

3301 and 3302 of title 5, United States Code, and having determined

that it is necessary and warranted by conditions of good

administration that certain positions in the Department of

Agriculture continue to be excluded from the coverage of section

2302 of title 5, United States Code, and excepted from the

competitive service because of their confidential,

policy-determining, policy-making, or policy-advocating character,

in order to ensure their deep involvement in the development and

advocacy of Administration proposals and policies and to ensure

their effective and vigorous implementation, and as a result of a

reorganization of the Department of Agriculture carried out

pursuant to Public Law 103-354 (7 U.S.C. 6901 et seq.), it is

hereby ordered that subsection (c) of section 6.8 of Civil Service

Rule VI (5 C.F.R. 6.8) is revised to read as follows:

''(c) Within the Department of Agriculture, positions the

incumbents of which serve as State Executive Directors of the

Consolidated Farm Service Agency and positions the incumbents of

which serve as State Directors or State Directors-at-Large for

Rural Economic and Community Development shall be listed in

Schedule C for all grades of the General Schedule.''

This order supersedes Executive Order No. 12300.

William J. Clinton.

EX. ORD. NO. 13124. AMENDING THE CIVIL SERVICE RULES RELATING TO

FEDERAL EMPLOYEES WITH PSYCHIATRIC DISABILITIES

Ex. Ord. No. 13124, June 4, 1999, 64 F.R. 31103, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

3301 and 3302 of title 5, United States Code, and in order to give

individuals with psychiatric disabilities the same hiring

opportunities as persons with severe physical disabilities or

mental retardation under the Civil Service Rules, and to permit

individuals with psychiatric disabilities to obtain Civil Service

competitive status, it is hereby ordered as follows:

Section 1. Policy.

(a) It is the policy of the United States to assure equality of

opportunity, full participation, independent living, and economic

self-sufficiency for persons with disabilities. The Federal

Government as an employer should serve as a model for the

employment of persons with disabilities and utilize the full

potential of these talented citizens.

(b) The Civil Service Rules governing appointment of persons with

psychiatric disabilities were adopted years ago when attitudes

about mental illness were different than they are today, which led

to stricter standards for hiring persons with psychiatric

disabilities than for persons with mental retardation or severe

physical disabilities. The Civil Service Rules provide that

persons with mental retardation, severe physical disabilities, or

psychiatric disabilities may be hired under excepted appointing

authorities. While persons with mental retardation or severe

physical disabilities may be appointed for more than 2 years and

may convert to competitive status after completion of 2 years of

satisfactory service in their excepted position, people with

psychiatric disabilities may not.

(c) The Office of Personnel Management (OPM) and the President's

Task Force on Employment of Adults with Disabilities believe that

the Federal Government could better benefit from the contributions

of persons with psychiatric disabilities if they were given the

same opportunities available to people with mental retardation or

severe physical disabilities.

Sec. 2. Implementation.

(a) The Director of the Office of Personnel Management shall,

consistent with OPM authority, provide that persons with

psychiatric disabilities are subject to the same hiring rules as

persons with mental retardation or severe physical disabilities.

(b) Civil Service Rule III (5 CFR Part 3) is amended by adding

the following new paragraph to subsection (b) of section 3.1:

''(3) An employee with psychiatric disabilities who completes at

least 2 years of satisfactory service in a position excepted from

the competitive service.''

Sec. 3. The Director of the Office of Personnel Management shall

prescribe such regulations as may be necessary to implement this

order. William J. Clinton.

EX. ORD. NO. 13162. FEDERAL CAREER INTERN PROGRAM

Ex. Ord. No. 13162, July 6, 2000, 65 F.R. 43211, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

3301 and 3302 of title 5, United States Code, and in order to

provide for the recruitment and selection of exceptional employees

for careers in the public sector, it is hereby ordered as follows:

Section 1. There is hereby constituted the Federal Career Intern

Program (Program). The purpose of the Program is to attract

exceptional men and women to the Federal workforce who have diverse

professional experiences, academic training, and competencies, and

to prepare them for careers in analyzing and implementing public

programs. ''Career Intern'' is a generic term, and agencies may use

occupational titles as appropriate.

Sec. 2. The Program is another step in the Administration's

effort to recruit the highest caliber people to the Federal

Government, develop their professional abilities, and retain them

in Federal departments and agencies. Cabinet secretaries and

agency administrators should view the Program as complementary to

existing programs that provide career enhancement opportunities for

Federal employees, and departments and agencies are encouraged to

identify and make use of those programs, as well as the new

Program, to meet department and agency needs.

Sec. 3. (a) The Office of Personnel Management (OPM) shall

develop appropriate merit-based procedures for the recruitment,

screening, placement, and continuing career development of Career

Interns.

(b) In developing those procedures, the OPM shall provide for

such actions as deemed appropriate to assure equal employment

opportunity and the application of appropriate veterans' preference

criteria.

Sec. 4. (a) A successful candidate shall be appointed to a

position in Schedule B of the excepted service at the GS-5, 7, or 9

(and equivalent) or other trainee level appropriate for the

Program, unless otherwise approved by the OPM. The appointment

shall not exceed 2 years unless extended by the Federal department

or agency, with the concurrence of the OPM, for up to 1 additional

year.

(b) Tenure for a Career Intern shall be governed by the following

principles and policies:

(1) Assigned responsibilities shall be consistent with a Career

Intern's competencies and career interests, and the purposes of

the Program.

(2) Continuation in the Program shall be contingent upon

satisfactory performance by the Career Intern throughout the

internship period.

(3) Except as provided in subsections (4) and (5) of this

section, service as a Career Intern confers no rights to further

Federal employment in either the competitive or excepted service

upon the expiration of the internship period.

(4) Competitive civil service status may be granted to a Career

Intern who satisfactorily completes the internship and meets all

other requirements prescribed by the OPM.

(5) Within an agency, an employee who formerly held a career or

career-conditional appointment immediately before entering the

Career Intern Program, and who fails to complete the Career

Intern Program for reasons unrelated to misconduct or

suitability, shall be placed in a career or career-conditional

position in the current agency at no lower grade or pay than the

one the employee left to accept the position in the Career Intern

Program.

Sec. 5. A Career Intern shall participate in a formal program of

training and job assignments to develop competencies that the OPM

identifies as core to the Program, and the employing agency

identifies as appropriate to the agency's mission and needs.

Sec. 6. The OPM shall prescribe such regulations as it determines

necessary to carry out the purpose of this order.

Sec. 7. The OPM shall provide oversight of the Program.

Sec. 8. Executive Order 12596 of May 7, 1987, is revoked.

Sec. 9. Judicial Review. This order is intended only to improve

the internal management of the executive branch. It does not

create any right or benefit, substantive or procedural, enforceable

in law or equity, by a party against the United States, its

agencies, its officers or employees, or any other person.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3304, 3361 of this title;

title 25 section 2a.

-CITE-

5 USC Sec. 3302 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3302. Competitive service; rules

-STATUTE-

The President may prescribe rules governing the competitive

service. The rules shall provide, as nearly as conditions of good

administration warrant, for -

(1) necessary exceptions of positions from the competitive

service; and

(2) necessary exceptions from the provisions of sections 2951,

3304(a), 3321, 7202, and 7203 of this title.

Each officer and individual employed in an agency to which the

rules apply shall aid in carrying out the rules.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 417; Pub. L. 95-228, Sec.

2(b), Feb. 10, 1978, 92 Stat. 25; Pub. L. 95-454, title VII, Sec.

703(c)(1), Oct. 13, 1978, 92 Stat. 1217; Pub. L. 96-54, Sec.

2(a)(16), Aug. 14, 1979, 93 Stat. 382; Pub. L. 103-94, Sec.

2(b)(1), Oct. 6, 1993, 107 Stat. 1004.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 633(1) Jan. 16, 1883, ch.

(less function of 27, Sec. 2(1) (less

Civil Service function of Civil

Commission), (2)8 Service

(last sentence). Commission), (2) 8

(last sentence), 22

Stat. 403, 404.

-------------------------------

The reference to the competitive service is substituted for the

reference to the Act creating that service. The reference to

reasons for the exceptions is omitted as covered by section 1308 of

this title. The words ''provide for'' are substituted for

''provide and declare''. Paragraph (1) is supplied to preserve the

President's power to except positions from the competitive service,

previously implied from the power to except from the first rule in

former section 633(2). Authority to make exceptions to so much of

former section 633(2) as is restated in this section and section

1302(a) is omitted as meaningless. Authority to make exceptions to

so much of former section 633(2) as is restated in section 3318(a)

is omitted as superseded by former section 857, which is carried

into section 3318(a). In the last sentence, the words ''Each

officer and individual employed in an agency'' are substituted for

''officers of the United States in the departments and offices''

because of the restrictive definition of ''officer'' in section

2104.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1993 - Par. (2). Pub. L. 103-94 substituted ''and 7203'' for

''7203, 7321, and 7322''.

1979 - Par. (2). Pub. L. 96-54 amended par. (2) in same manner as

amendment by section 703(c)(1) of Pub. L. 95-454. See 1978

Amendment note below.

1978 - Par. (2). Pub. L. 95-454 substituted ''7202, 7203'' for

''7152, 7153''.

Pub. L. 95-228 struck out reference to section 3306(a)(1) of this

title. Amendments by section 703(c)(1) and (c)(2) of Pub. L.

95-454 appear to have been inadvertently reversed. Subsec. (c)(1)

purported to amend subsec. (c)(1) of section 2105 of this title,

and subsec. (c)(2) purported to amend par. (2) of this section.

However, the amendments specified by Pub. L. 95-454, Sec. 703(c)(1)

and (2), were impossible to execute literally. Thus, amendment by

Pub. L. 95-454, Sec. 703(c)(2) was executed to section 2105 of this

title, and amendment by section 703(c)(1) was executed to this

section as the probable intent of Congress.

EFFECTIVE DATE OF 1993 AMENDMENT; SAVINGS PROVISION

Amendment by Pub. L. 103-94 effective 120 days after Oct. 6,

1993, but not to release or extinguish any penalty, forfeiture, or

liability incurred under amended provision, which is to be treated

as remaining in force for purpose of sustaining any proper

proceeding or action for enforcement of that penalty, forfeiture,

or liability, and no provision of Pub. L. 103-94 to affect any

proceedings with respect to which charges were filed on or before

120 days after Oct. 6, 1993, with orders to be issued in such

proceedings and appeals taken therefrom as if Pub. L. 103-94 had

not been enacted, see section 12 of Pub. L. 103-94, set out as an

Effective Date; Savings Provision note under section 7321 of this

title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-EXEC-

EX. ORD. NO. 11521. VETERANS READJUSTMENT APPOINTMENT FOR VETERANS

OF VIETNAM ERA

Ex. Ord. No. 11521, Mar. 26, 1970, 35 F.R. 5311, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

WHEREAS this Nation has an obligation to assist veterans of the

armed forces in readjusting to civilian life;

WHEREAS the Federal Government, as an employer, should reflect

its recognition of this obligation in its personnel policies and

practices;

WHEREAS veterans, by virtue of their military service, have lost

opportunities to pursue education and training oriented toward

civilian careers;

WHEREAS the Federal Government is continuously concerned with

building an effective workforce, and veterans constitute a major

recruiting source; and

WHEREAS the development of skills is most effectively achieved

through a program combining employment with education or training:

NOW, THEREFORE, by virtue of the authority vested in me by the

Constitution of the United States, by sections 3301 and 3302 of

title 5, United States Code, and as President of the United States,

it is ordered as follows:

Section 1. (a) Subject to paragraph (b) of this section, the head

of an agency may make an excepted appointment, to be known as a

''veterans readjustment appointment'', to any position in the

competitive service up to and including GS-5 or the equivalent

thereof, of a veteran or disabled veteran as defined in section

2108(1), (2), of title 5, United States Code, who:

(1) served on active duty in the armed forces of the United

States during the Vietnam era;

(2) at the time of his appointment has completed not more than

fourteen years of education; and

(3) is found qualified to perform the duties of the position.

(b) Employment under paragraph (a) of this section is authorized

only under a training or educational program developed by an agency

in accordance with guidelines established by the Office of

Personnel Management.

(c) An employee given a veterans readjustment appointment under

paragraph (a) of this section shall serve subject to:

(1) the satisfactory performance of assigned duties; and

(2) participation in the training or educational program under

which he is appointed.

(d) An employee who does not satisfactorily meet the conditions

set forth in paragraph (c) of this section shall be removed in

accordance with appropriate procedures.

(e) An employee serving under a veterans readjustment appointment

may be promoted, reassigned, or transferred.

(f) An employee who completes the training or educational program

and who has satisfactorily completed two years of substantially

continuous service under a veterans readjustment appointment shall

be converted to career-conditional or career employment. An

employee converted under this paragraph shall automatically acquire

a competitive status.

(g) In selecting an applicant for appointment under this section,

an agency shall not discriminate because of race, color, religion,

sex, national origin, or political affiliation.

Sec. 2. (a) A person eligible for appointment under section 1 of

this order may be appointed only within one year after his

separation from the armed forces, or one year following his release

from hospitalization or treatment immediately following his

separation from the armed forces, or one year after involuntary

separation without cause from (i) a veterans readjustment

appointment or (ii) a transitional appointment, or one year after

the effective date of this order if he is serving under a

transitional appointment.

(b) The Office of Personnel Management may determine the

circumstances under which service under a transitional appointment

may be deemed service under a veterans readjustment appointment for

the purpose of paragraph (f) of section 1 of this order.

Sec. 3. Any law, Executive order, or regulation which would

disqualify an applicant for appointment in the competitive service

shall also disqualify a person otherwise eligible for appointment

under section 1 of this order.

Sec. 4. For the purpose of this order:

(a) ''agency'' means a military department as defined in section

102 of title 5, United States Code, an executive agency (other than

the General Accounting Office) as defined in section 105 of title

5, United States Code, and those portions of the legislative and

judicial branches of the Federal Government and of the government

of the District of Columbia having positions in the competitive

service; and

(b) ''Vietnam era'' means the period beginning August 5, 1964,

and ending on such date thereafter as may be determined by

Presidential proclamation or concurrent resolution of the Congress.

Sec. 5. The Office of Personnel Management shall prescribe such

regulations as may be necessary to carry out the provisions of this

order.

Sec. 6. Executive Order No. 11397 of February 9, 1968, is

revoked. Such revocation shall not affect the right of an employee

to be converted to career-conditional or career employment if he

meets the requirements of section 1(d) of Executive Order No. 11397

after the effective date of this order.

Sec. 7. This order is effective 14 days after its date.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3304, 3361 of this title;

title 10 section 1784.

-CITE-

5 USC Sec. 3303 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3303. Competitive service; recommendations of Senators or

Representatives

-STATUTE-

An individual concerned in examining an applicant for or

appointing him in the competitive service may not receive or

consider a recommendation of the applicant by a Senator or

Representative, except as to the character or residence of the

applicant.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 418; Pub. L. 103-94, Sec.

8(a), Oct. 6, 1993, 107 Stat. 1006; Pub. L. 104-197, title III,

Sec. 315(a), Sept. 16, 1996, 110 Stat. 2416.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 642. Jan. 16, 1883, ch.

27, Sec. 10, 22

Stat. 406.

-------------------------------

The prohibition is restated in positive form. The words ''An

individual concerned in examining an applicant for or appointing

him in the competitive service'' are substituted for ''any person

concerned in making any examination or appointment under this

act''. The word ''applicant'' is substituted for ''person who

shall apply for office or place under the provisions of this

act''. The word ''Representative'' is substituted for ''Member of

the House of Representatives''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1996 - Pub. L. 104-197 substituted ''Competitive service;

recommendations of Senators or Representatives'' for ''Political

recommendations'' in section catchline and amended text generally,

substituting provisions prohibiting receipt or consideration of

recommendations of applicants in competitive service made by

Senators or Representatives for provisions which directed that

personnel actions be taken without solicitation of or regard to

such recommendations from Members of Congress, congressional

employees, any elected official of the government of any State

(including D.C. and Puerto Rico) or subdivision thereof, or

political party official, prohibited such persons from making such

recommendations, prohibited employees or applicants from soliciting

such recommendations and required notification of such prohibition,

but allowed for certain exceptions regarding solicitation and

consideration of recommendations if subject of recommendation was

limited to factors pertinent to work performance, ability,

aptitude, general qualifications, related to suitability or

security standards, or furnished pursuant to law or regulation.

1993 - Pub. L. 103-94 substituted ''Political recommendations''

for ''Competitive service; recommendations of Senators or

Representatives'' as section catchline and amended text generally.

Prior to amendment, text read as follows: ''An individual concerned

in examining an applicant for or appointing him in the competitive

service may not receive or consider a recommendation of the

applicant by a Senator or Representative, except as to the

character or residence of the applicant.''

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-197 effective 30 days after Sept. 16,

1996, see section 315(c) of Pub. L. 104-197, set out as a note

under section 2302 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT; SAVINGS PROVISION

Amendment by Pub. L. 103-94 effective 120 days after Oct. 6,

1993, but not to release or extinguish any penalty, forfeiture, or

liability incurred under amended provision, which is to be treated

as remaining in force for purpose of sustaining any proper

proceeding or action for enforcement of that penalty, forfeiture,

or liability, and no provision of Pub. L. 103-94 to affect any

proceedings with respect to which charges were filed on or before

120 days after Oct. 6, 1993, with orders to be issued in such

proceedings and appeals taken therefrom as if Pub. L. 103-94 had

not been enacted, see section 12 of Pub. L. 103-94, set out as an

Effective Date; Savings Provision note under section 7321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 7403.

-CITE-

5 USC Sec. 3304 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3304. Competitive service; examinations

-STATUTE-

(a) The President may prescribe rules which shall provide, as

nearly as conditions of good administration warrant, for -

(1) open, competitive examinations for testing applicants for

appointment in the competitive service which are practical in

character and as far as possible relate to matters that fairly

test the relative capacity and fitness of the applicants for the

appointment sought;

(2) noncompetitive examinations when competent applicants do

not compete after notice has been given of the existence of the

vacancy; and

(3) authority for agencies to appoint, without regard to the

provision of sections 3309 through 3318, candidates directly to

positions for which -

(A) public notice has been given; and

(B) the Office of Personnel Management has determined that

there exists a severe shortage of candidates or there is a

critical hiring need.

The Office shall prescribe, by regulation, criteria for identifying

such positions and may delegate authority to make determinations

under such criteria.

(b) An individual may be appointed in the competitive service

only if he has passed an examination or is specifically excepted

from examination under section 3302 of this title. This subsection

does not take from the President any authority conferred by section

3301 of this title that is consistent with the provisions of this

title governing the competitive service.

(c)(1) For the purpose of this subsection, the term

''technician'' has the meaning given such term by section

8337(h)(1) of this title.

(2) Notwithstanding a contrary provision of this title or of the

rules and regulations prescribed under this title for the

administration of the competitive service, an individual who served

for at least 3 years as a technician acquires a competitive status

for transfer to the competitive service if such individual -

(A) is involuntarily separated from service as a technician

other than by removal for cause on charges of misconduct or

delinquency;

(B) passes a suitable noncompetitive examination; and

(C) transfers to the competitive service within 1 year after

separating from service as a technician.

(d) The Office of Personnel Management shall promulgate

regulations on the manner and extent that experience of an

individual in a position other than the competitive service, such

as the excepted service (as defined under section 2103) in the

legislative or judicial branch, or in any private or nonprofit

enterprise, may be considered in making appointments to a position

in the competitive service (as defined under section 2102). In

promulgating such regulations OPM shall not grant any preference

based on the fact of service in the legislative or judicial

branch. The regulations shall be consistent with the principles of

equitable competition and merit based appointments.

(e) Employees at any place outside the District of Columbia where

the President or the Office of Personnel Management directs that

examinations be held shall allow the reasonable use of public

buildings for, and in all proper ways facilitate, holding the

examinations.

(f)(1) Preference eligibles or veterans who have been separated

from the armed forces under honorable conditions after 3 years or

more of active service may not be denied the opportunity to compete

for vacant positions for which the agency making the announcement

will accept applications from individuals outside its own workforce

under merit promotion procedures.

(2) If selected, a preference eligible or veteran described in

paragraph (1) shall receive a career or career-conditional

appointment, as appropriate.

(3) This subsection shall not be construed to confer an

entitlement to veterans' preference that is not otherwise required

by law.

(4) The area of consideration for all merit promotion

announcements which include consideration of individuals of the

Federal workforce shall indicate that preference eligibles and

veterans who have been separated from the armed forces under

honorable conditions after 3 years or more of active service are

eligible to apply. The announcements shall be publicized in

accordance with section 3327.

(5) The Office of Personnel Management shall prescribe

regulations necessary for the administration of this subsection.

The regulations shall ensure that an individual who has completed

an initial tour of active duty is not excluded from the application

of this subsection because of having been released from such tour

of duty shortly before completing 3 years of active service, having

been honorably released from such duty.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 418; Pub. L. 95-454, title

IX, Sec. 906(a)(5), Oct. 13, 1978, 92 Stat. 1225; Pub. L. 99-586,

Oct. 29, 1986, 100 Stat. 3325; Pub. L. 104-65, Sec. 16(a), (b),

17(a), Dec. 19, 1995, 109 Stat. 703; Pub. L. 104-186, title II,

Sec. 215(2), Aug. 20, 1996, 110 Stat. 1745; Pub. L. 105-339, Sec.

2, Oct. 31, 1998, 112 Stat. 3182; Pub. L. 106-117, title V, Sec.

511(c), Nov. 30, 1999, 113 Stat. 1575; Pub. L. 107-296, title XIII,

Sec. 1312(a)(1), Nov. 25, 2002, 116 Stat. 2290.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 633(2)1. Jan. 16, 1883, ch.

27, Sec. 2(2)1, 22

Stat. 403.

5 U.S.C. 633(2)7 Jan. 16, 1883, ch.

(less last 17 27, Sec. 2(2)7

words). (less last 17

words), 22 Stat.

404.

(b) 5 U.S.C. 638 (as Jan. 16, 1883, ch.

applicable to 27, Sec. 7 (as

appointment). applicable to

appointment), 22

Stat. 406.

(c) 5 U.S.C. 631b(b). Nov. 26, 1940, ch.

919, Sec. 2(b), 54

Stat. 1212. Feb.

12, 1946, ch. 3, 60

Stat. 3. May 29,

1958, Pub. L. 85-

432, Sec. 5, 72

Stat. 151.

5 U.S.C. 631b(c). June 24, 1952, ch.

456, 66 Stat. 155.

(d) 5 U.S.C. 635 (7th Jan. 16, 1883, ch.

sentence). 27, Sec. 3 (7th

sentence), 22 Stat.

404.

-------------------------------

In subsection (a), the authority of the President to prescribe

rules is added on authority of former section 633(1), which is

carried into section 3302. The words ''competitive service'' are

substituted for ''public service'' since the requirements do not

apply to the excepted or uniformed service.

In subsection (b), the words ''That after the expiration of six

months from the passage of this act'' are omitted as executed. The

words ''in the competitive service'' are substituted for ''in

either of the said classes now existing, or that may be arranged

hereunder pursuant to said rules'' because of the definition of

''competitive service'' in section 2102. In the second sentence,

the words ''the provisions of this title governing the competitive

service'' are substituted for ''this act''.

In subsection (c), the provisions of former section 631b(b) and

(c) are combined and restated for clarity. The words ''From and

after the effective date of this Act'' and ''From and after the

date of approval of this Act'' are omitted as executed. The words

''competitive service'' are substituted for ''classified civil

service'' in view of the definition of ''competitive service'' in

section 2102. The words ''or as a clerical employee of the Senate

or House of Representatives'' are omitted as included in the

reference to ''an individual . . . in the legislative branch in a

position in which he was paid by the Secretary of the Senate or the

Clerk of the House of Representatives''. The words ''and nothing in

this Act shall be construed to impair any right of retransfer

provided for under civil service laws or regulations made

thereunder'' are omitted as unnecessary.

In subsection (d), the word ''Employees'' is substituted for

''collector, postmaster, and other officers of the United States''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-296 added par. (3).

1999 - Subsec. (f)(2), (3). Pub. L. 106-117, Sec. 511(c)(2), (3),

added par. (2) and redesignated former par. (2) as (3). Former par.

(3) redesignated (4).

Subsec. (f)(4). Pub. L. 106-117, Sec. 511(c)(1), (2),

redesignated par. (3) as (4) and struck out former par. (4) which

read as follows: ''The Office of Personnel Management shall

establish an appointing authority to appoint such preference

eligibles and veterans.''

Subsec. (f)(5). Pub. L. 106-117, Sec. 511(c)(4), added par. (5).

1998 - Subsec. (f). Pub. L. 105-339 added subsec. (f).

1996 - Subsec. (c)(1). Pub. L. 104-186 substituted ''Chief

Administrative Officer'' for ''Clerk''.

1995 - Subsec. (c). Pub. L. 104-65, Sec. 16(a), (b), redesignated

subsec. (d) as (c) and struck out former subsec. (c) which read as

follows: ''Notwithstanding a contrary provision of this title or of

the rules and regulations prescribed under this title for the

administration of the competitive service, an individual who served

-

''(1) for at least 3 years in the legislative branch in a

position in which he was paid by the Secretary of the Senate or

the Chief Administrative Officer of the House of Representatives;

or

''(2) for at least 4 years as a secretary or law clerk, or

both, to a justice or judge of the United States;

acquires a competitive status for transfer to the competitive

service if he is involuntarily separated without prejudice from the

legislative or judicial branch, passes a suitable noncompetitive

examination, and transfers to the competitive service within 1 year

of the separation from the legislative or judicial branch. For the

purpose of this subsection, an individual who has served for at

least 2 years in a position in the legislative branch described by

paragraph (1) of this subsection and who is separated from that

position to enter the armed forces is deemed to have held that

position during his service in the armed forces.''

Subsec. (d). Pub. L. 104-65, Sec. 17(a), which directed amendment

of this section by adding subsec. (d) at the end thereof, was

executed by adding subsec. (d) after subsec. (c) to reflect the

probable intent of Congress.

Pub. L. 104-65, Sec. 16(b), redesignated subsec. (d) as (c).

1986 - Subsecs. (d), (e). Pub. L. 99-586 added subsec. (d) and

redesignated former subsec. (d) as (e).

1978 - Subsec. (d). Pub. L. 95-454 substituted ''the Office of

Personnel Management'' for ''a Civil Service Commission board of

examiners''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-117, title V, Sec. 511(d)(2), Nov. 30, 1999, 113

Stat. 1576, provided that: ''If pursuant to subsection (a) (113

Stat. 1575) the amendments specified in subsection (c) (amending

this section) are made, those amendments shall take effect as of

October 31, 1998, as if included in subsection (f) of section 3304

of title 5, United States Code, as enacted by section 2 of the

Veterans Employment Opportunities Act of 1998 (Public Law 105-339;

112 Stat. 3182).''

EFFECTIVE DATE OF 1995 AMENDMENT

Section 16(c) of Pub. L. 104-65 provided that: ''The repeal and

amendment made by this section (amending this section) shall take

effect 2 years after the date of the enactment of this Act (Dec.

19, 1995).''

Section 17(b) of Pub. L. 104-65 provided that: ''The amendment

made by this section (amending this section) shall take effect 2

years after the date of the enactment of this Act (Dec. 19, 1995),

except the Office of Personnel Management shall -

''(1) conduct a study on excepted service considerations for

competitive service appointments relating to such amendment; and

''(2) take all necessary actions for the regulations described

under such amendment to take effect as final regulations on the

effective date of this section.''

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3302, 3319 of this title;

title 22 sections 3008, 6918; title 40 section 8165.

-CITE-

5 USC Sec. 3304a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3304a. Competitive service; career appointment after 3 years'

temporary service

-STATUTE-

(a) An individual serving in a position in the competitive

service under an indefinite appointment or a temporary appointment

pending establishment of a register (other than an individual

serving under an overseas limited appointment, or in a position

classified above GS-15 pursuant to section 5108) acquires

competitive status and is entitled to have his appointment

converted to a career appointment, without condition, when -

(1) he completes, without break in service of more than 30

days, a total of at least 3 years of service in such a position;

(2) he passes a suitable noncompetitive examination;

(3) the appointing authority (A) recommends to the Office of

Personnel Management that the appointment of the individual be

converted to a career appointment and (B) certifies to the Office

that the work performance of the individual for the past 12

months has been satisfactory; and

(4) he meets Office qualification requirements for the position

and is otherwise eligible for career appointment.

(b) The employing agency shall terminate the appointment of an

individual serving in a position in the competitive service under

an indefinite or temporary appointment described in subsection (a)

of this section, not later than 90 days after he has completed the

3-year period referred to in subsection (a)(1) of this section, if,

prior to the close of such 90-day period, such individual has not

met the requirements and conditions of subparagraphs (2) to (4),

inclusive, of subsection (a) of this section.

(c) In computing years of service under subsection (a)(1) of this

section for an individual who leaves a position in the competitive

service to enter the armed forces and is reemployed in such a

position within 120 days after separation under honorable

conditions, the period from the date he leaves his position to the

date he is reemployed is included.

(d) The Office of Personnel Management may prescribe regulations

necessary for the administration of this section.

-SOURCE-

(Added Pub. L. 90-105, Sec. 1(a), Oct. 11, 1967, 81 Stat. 273;

amended Pub. L. 91-375, Sec. 6(c)(6), Aug. 12, 1970, 84 Stat. 776;

Pub. L. 95-454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92

Stat. 1224; Pub. L. 101-509, title V, Sec. 529 (title I, Sec.

101(b)(9)(B)), Nov. 5, 1990, 104 Stat. 1427, 1441.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-509, which directed the

substitution of ''in a position classified above GS-15 pursuant to

section 5108)'' for ''in GS-16, 17, or 18)'', was executed by

making the substitution for ''in GS-16, GS-17, or GS-18)'', as the

probable intent of Congress.

1978 - Subsec. (a). Pub. L. 95-454, Sec. 906(a)(2), (3),

substituted ''Office of Personnel Management'' and ''Office'' for

''Civil Service Commission'' and ''Commission'', respectively,

wherever appearing.

Subsec. (d). Pub. L. 95-454, Sec. 906(a)(2), substituted ''Office

of Personnel Management'' for ''Civil Service Commission''.

1970 - Subsec. (a). Pub. L. 91-375 struck out '', in the postal

field service,'' after ''limited appointment'' in introductory

parenthetical text.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. 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, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

EFFECTIVE DATE

Section 4 of Pub. L. 90-105 provided that:

''(a) This section and section 3 of this Act (amending provisions

set out as a note under section 3101 of this title) shall become

effective on the date of enactment of this Act (Oct. 11, 1967).

''(b) Subject to subsection (c) of this section, the first

section and section 2 of this Act (enacting this section and

section 3303 of former Title 39, The Postal Service) shall become

effective on the one hundred and twentieth day following the date

of enactment of this Act (Oct. 11, 1967).

''(c) For the purpose of the application of section 3304a(b) of

title 5, United States Code, as enacted by this Act, in the case of

an individual who, prior to the effective date prescribed by

subsection (b) of this section, shall have completed the 3-year

period referred to in such section 3304a(b), such individual shall

be deemed to have completed such 3-year period on such effective

date.''

-CITE-

5 USC Sec. 3305 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3305. Competitive service; examinations; when held

-STATUTE-

(a) The Office of Personnel Management shall hold examinations

for the competitive service at least twice a year in each State and

territory or possession of the United States where there are

individuals to be examined.

(b) The Office shall hold an examination for a position to which

an appointment has been made within the preceding 3 years, on the

application of an individual who qualifies as a preference eligible

under section 2108(3)(C)-(G) of this title. The examination shall

be held during the quarter following the application.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 418; Pub. L. 90-83, Sec.

1(8), Sept. 11, 1967, 81 Stat. 197; Pub. L. 96-54, Sec. 2(a)(14),

(15), Aug. 14, 1979, 93 Stat. 382.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 635 (last Jan. 16, 1883, ch.

24 words of 6th 27, Sec. 3 (last 24

sentence). words of 6th

sentence), 22 Stat.

404.

(b) 5 U.S.C. 859. June 27, 1944, ch.

287, Sec. 10, 58

Stat. 390. Jan. 19,

1948, ch. 1, Sec.

3, 62 Stat. 3. Dec.

27, 1950, ch. 1151,

Sec. 2(b), 64 Stat.

1117.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 ACT

This section amends various sections (Sec. 3305, 3309, 3318) of

title 5, United States Code, to reflect the redesignation of

paragraphs (3)(B) through (F) of section 2108 of title 5 as

paragraphs (3)(C) through (G) by section 1(6) of this bill.

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-54, Sec. 2(a)(14), substituted

''Office of Personnel Management'' for ''Civil Service

Commission''.

Subsec. (b). Pub. L. 96-54, Sec. 2(a)(15), substituted ''Office''

for ''Commission''.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2302 of this title; title

22 section 1438; title 40 section 8165.

-CITE-

5 USC Sec. 3306 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

(Sec. 3306. Repealed. Pub. L. 95-228, Sec. 1, Feb. 10, 1978, 92

Stat. 25)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 419, related to

apportionment of appointments in the departmental service in the

District of Columbia among the States, territories, etc.

-CITE-

5 USC Sec. 3307 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3307. Competitive service; maximum-age entrance requirements;

exceptions

-STATUTE-

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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).

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 419; Pub. L. 92-297, Sec.

2(a), May 16, 1972, 86 Stat. 141; Pub. L. 93-350, Sec. 1, July 12,

1974, 88 Stat. 355; Pub. L. 96-347, Sec. 1(b), Sept. 12, 1980, 94

Stat. 1150; Pub. L. 100-238, title I, Sec. 103(a)(1), Jan. 8, 1988,

101 Stat. 1744; Pub. L. 105-261, div. C, title XXXI, Sec. 3154(a),

Oct. 17, 1998, 112 Stat. 2254.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 638b (less June 27, 1956, ch.

proviso). 452, Sec. 302 (less

proviso), 70 Stat.

355.

-------------------------------

The prohibition is restated in positive form. The word

''officers'' is omitted as included in ''employees'' in view of the

definition of ''employee'' in section 2105.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

For definition of Secretary, referred to in subsec. (b), see

section 2109 of this title.

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-261, Sec. 3154(a)(1), substituted

''(d), (e), and (f)'' for ''and (d)''.

Subsec. (f). Pub. L. 105-261, Sec. 3154(a)(2), added subsec. (f).

1988 - Subsec. (d). Pub. L. 100-238, Sec. 103(a)(1)(A),

substituted ''may'' for ''may, with the concurrence of such agent

as the President may designate,''.

Subsec. (e). Pub. L. 100-238, Sec. 103(a)(1)(B), added subsec.

(e).

1980 - Subsec. (b). Pub. L. 96-347 substituted ''Secretary'' for

''Secretary of Transportation''.

1974 - Subsec. (a). Pub. L. 93-350, Sec. 1(1), inserted reference

to subsec. (d).

Subsec. (d). Pub. L. 93-350, Sec. 1(2), added subsec. (d).

1972 - Pub. L. 92-297 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 103(f) of Pub. L. 100-238 provided that: ''This section,

and the amendments made by this section (amending this section and

sections 8401 and 8704 of this title and enacting provisions set

out as a note under section 8334 of this title), shall be effective

as of January 1, 1987.''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12,

1980, see section 3 of Pub. L. 96-347, set out as a note under

section 2109 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 7 of Pub. L. 93-350 provided that: ''The amendments made

by the first section (amending this section), and sections 2(b), 5,

and 6 (amending sections 8331, 8336, and 8339 of this title), of

this Act shall become effective on the date of enactment of this

Act (July 12, 1974). The amendments made by sections 2(a) and 3

(amending sections 8331 and 8334 of this title) of this Act shall

become effective at the beginning of the first applicable pay

period which begins after December 31, 1974. The amendment made by

section 4 of this Act (amending section 8335 of this title) shall

become effective on January 1, 1978.''

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-297 effective on 90th day after May 16,

1972, see section 10 of Pub. L. 92-297, set out as an Effective

Date note under section 3381 of this title.

UNITED STATES PARK POLICE; AGE LIMITS FOR ORIGINAL APPOINTMENTS

Pub. L. 91-73, Sept. 26, 1969, 83 Stat. 116, which provided for

age limits for appointments to the United States Park Police, was

repealed by Pub. L. 92-297, Sec. 11, May 16, 1972, 86 Stat. 145,

effective at the end of the 89th day after May 16, 1972. The

Secretary of the Interior may fix age limits for appointment under

subsec. (c) of this section.

-EXEC-

EX. ORD. NO. 11817. OFFICE OF PERSONNEL MANAGEMENT DESIGNATED AGENT

TO CONCUR WITH AGENCY DETERMINATION FIXING AGE LIMITS FOR MAKING

ORIGINAL APPOINTMENTS RESPECTING LAW ENFORCEMENT OFFICER AND

FIREFIGHTER POSITIONS

Ex. Ord. No. 11817, Nov. 5, 1974, 39 F.R. 39427, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me by section 3307(d) of

title 5 of the United States Code, as added by the first section of

the Act of July 12, 1974 (Public Law 93-350; 88 Stat. 355), I

hereby designate the Office of Personnel Management as the agency

to concur with determinations made by agencies to 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 title 5

of the United States Code. The designation made by this order shall

be effective as of October 15, 1974.

-CITE-

5 USC Sec. 3308 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3308. Competitive service; examinations; educational

requirements prohibited; exceptions

-STATUTE-

The Office of Personnel Management or other examining agency may

not prescribe a minimum educational requirement for an examination

for the competitive service except when the Office decides that the

duties of a scientific, technical, or professional position cannot

be performed by an individual who does not have a prescribed

minimum education. The Office shall make the reasons for its

decision under this section a part of its public records.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 419; Pub. L. 95-454, title

IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 854 (less June 27, 1944, ch.

1st 2 sentences). 287, Sec. 5 (less

1st 2 sentences),

58 Stat. 388.

-------------------------------

The prohibition is restated in positive form. The words ''The

Civil Service Commission or other examining agency'' are added

because these are the only agencies to which the prohibition could

apply.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 substituted ''Office of Personnel

Management'' and ''Office'' for ''Civil Service Commission'' and

''Commission'', respectively, wherever appearing.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3320 of this title; title

22 section 1438; title 49 section 40122.

-CITE-

5 USC Sec. 3309 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3309. Preference eligibles; examinations; additional points

for

-STATUTE-

A preference eligible who receives a passing grade in an

examination for entrance into the competitive service is entitled

to additional points above his earned rating, as follows -

(1) a preference eligible under section 2108(3)(C)-(G) of this

title - 10 points; and

(2) a preference eligible under section 2108(3)(A)-(B) of this

title - 5 points.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 419; Pub. L. 90-83, Sec.

1(8), Sept. 11, 1967, 81 Stat. 197; Pub. L. 105-85, div. A, title

XI, Sec. 1102(b), Nov. 18, 1997, 111 Stat. 1922.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 852 (1st June 27, 1944, ch.

sentence). 287, Sec. 3 (less

proviso), 58 Stat.

388.

Jan. 19, 1948, ch.

1, Sec. 2, 62 Stat.

3.

Dec. 27, 1950, ch.

1151, Sec. 2(a), 64

Stat. 1117.

July 14, 1952, ch.

728, Sec. 2, 66

Stat. 627.

Aug. 14, 1953, ch.

485, Sec. 1(a)

''Sec. 3 (1st

sentence)'', 67

Stat. 581.

-------------------------------

The word ''competitive'' is added before ''service'' for

clarity. Application of this section to the excepted service in

the executive branch and to the government of the District of

Columbia, as provided in former section 858, is carried into

section 3320.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1997 - Par. (2). Pub. L. 105-85 substituted ''section

2108(3)(A)-(B)'' for ''section 2108(3)(A)''.

1967 - Cl. (1). Pub. L. 90-83 substituted ''section

2108(3)(C)-(G)'' for ''section 2108(3)(B)-(F).'' See Historical and

Revision Notes under section 3305 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 3304, 3313, 3320 of

this title; title 2 section 1316a; title 3 section 115; title 22

section 1438; title 49 section 40122.

-CITE-

5 USC Sec. 3310 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3310. Preference eligibles; examinations; guards, elevator

operators, messengers, and custodians

-STATUTE-

In examinations for positions of guards, elevator operators,

messengers, and custodians in the competitive service, competition

is restricted to preference eligibles as long as preference

eligibles are available.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 852 (2d June 27, 1944, ch.

sentence). 287, Sec. 3

(proviso), 58 Stat.

388. Aug. 14, 1953,

ch. 485, Sec. 1(a)

''Sec. 3 (2d

sentence)'', 67

Stat. 581.

-------------------------------

The words ''in the competitive service'' are added for clarity.

The reference to ''examinations held prior to December 31, 1954,

for positions of apprentices'' is omitted as obsolete. Application

of this section to the excepted service in the executive branch and

to the government of the District of Columbia, as provided in

former section 858, is carried into section 3320.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 3304, 3320 of this

title; title 2 section 1316a; title 3 section 115; title 22 section

1438; title 49 section 40122.

-CITE-

5 USC Sec. 3311 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3311. Preference eligibles; examinations; crediting experience

-STATUTE-

In examinations for the competitive service in which experience

is an element of qualification, a preference eligible is entitled

to credit -

(1) for service in the armed forces when his employment in a

similar vocation to that for which examined was interrupted by

the service; and

(2) for all experience material to the position for which

examined, including experience gained in religious, civic,

welfare, service, and organizational activities, regardless of

whether he received pay therefor.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 853. June 27, 1944, ch.

287, Sec. 4, 58

Stat. 388.

-------------------------------

The words ''for the competitive service'' are added after

''examinations'' for clarity. Application of this section to the

excepted service in the executive branch and to the government of

the District of Columbia, as provided in former section 858, is

carried into section 3320.

In paragraph (1), the words ''service in the armed forces'' are

substituted for ''in the military or naval service of the United

States'' on authority of the Act of July 26, 1947, ch. 343, Sec.

305(a), 61 Stat. 508. The word ''actual'' is omitted as surplusage.

In paragraph (2), the words ''material to the position for which

examined'' are substituted for ''valuable'' for clarity.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 3304, 3320 of this

title; title 2 section 1316a; title 3 section 115; title 22 section

1438; title 49 section 40122.

-CITE-

5 USC Sec. 3312 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3312. Preference eligibles; physical qualifications; waiver

-STATUTE-

(a) In determining qualifications of a preference eligible for

examination for, appointment in, or reinstatement in the

competitive service, the Office of Personnel Management or other

examining agency shall waive -

(1) requirements as to age, height, and weight, unless the

requirement is essential to the performance of the duties of the

position; and

(2) physical requirements if, in the opinion of the Office or

other examining agency, after considering the recommendation of

an accredited physician, the preference eligible is physically

able to perform efficiently the duties of the position.

(b) If an examining agency determines that, on the basis of

evidence before it, a preference eligible under section 2108(3)(C)

of this title who has a compensable service-connected disability of

30 percent or more is not able to fulfill the physical requirements

of the position, the examining agency shall notify the Office of

the determination and, at the same time, the examining agency shall

notify the preference eligible of the reasons for the determination

and of the right to respond, within 15 days of the date of the

notification, to the Office. The Office shall require a

demonstration by the appointing authority that the notification was

timely sent to the preference eligible's last known address and

shall, before the selection of any other person for the position,

make a final determination on the physical ability of the

preference eligible to perform the duties of the position, taking

into account any additional information provided in any such

response. When the Office has completed its review of the proposed

disqualification on the basis of physical disability, it shall send

its findings to the appointing authority and the preference

eligible. The appointing authority shall comply with the findings

of the Office. The functions of the Office under this subsection

may not be delegated.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420; Pub. L. 95-454, title

III, Sec. 307(c), title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92

Stat. 1148, 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 854 (1st 2 June 27, 1944, ch.

sentences, less so 287, Sec. 5 (1st 2

much as relates to sentences, less so

promotion, much as relates to

retention, and promotion,

transfer). retention, and

transfer), 58 Stat.

388.

-------------------------------

The section is restated for clarity and conciseness. The words

''for which examination is given'' and ''for which the examination

is given'' are omitted as surplusage. The application of this

section to the excepted service in the executive branch and the

government of the District of Columbia is preserved by section

3320.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 designated existing provisions as subsec.

(a), substituted ''Office of Personnel Management'' and ''Office''

for ''Civil Service Commission'' and ''Commission'', respectively,

and added subsec. (b).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 3304, 3320 of this

title; title 2 section 1316a; title 3 section 115; title 22 section

1438; title 49 section 40122.

-CITE-

5 USC Sec. 3313 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3313. Competitive service; registers of eligibles

-STATUTE-

The names of applicants who have qualified in examinations for

the competitive service shall be entered on appropriate registers

or lists of eligibles in the following order -

(1) for scientific and professional positions in GS-9 or

higher, in the order of their ratings, including points added

under section 3309 of this title; and

(2) for all other positions -

(A) disabled veterans who have a compensable

service-connected disability of 10 percent or more, in order of

their ratings, including points added under section 3309 of

this title; and

(B) remaining applicants, in the order of their ratings,

including points added under section 3309 of this title.

The names of preference eligibles shall be entered ahead of others

having the same rating.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 856. June 27, 1944, 287,

Sec. 7, 58 Stat.

389. Aug. 14, 1953,

ch. 485, Sec. 1(b),

67 Stat. 581.

-------------------------------

The section is restated for clarity and conciseness. The words

''for the competitive service'' are added for clarity. Application

of this section to the excepted service in the executive branch and

to the government of the District of Columbia is carried into

section 3320. The words ''employment lists'' are omitted as

included in ''appropriate registers or lists of eligibles''.

In paragraph (1), the words ''in GS-9 or higher'' are substituted

for ''in grade 9 or higher of the General Schedule of the

Classification Act of 1949, as amended'' in view of the

codification of the Act in this title, and, in specific sections

5104 and 5332.

In paragraph (2)(A), the term ''disabled veterans'' is

substituted for ''preference eligibles'' in view of the definition

of ''disabled veteran'' in section 2108(2).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 3304, 3314, 3315,

3320 of this title; title 22 section 1438; title 49 section 40122.

-CITE-

5 USC Sec. 3314 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3314. Registers; preference eligibles who resigned

-STATUTE-

A preference eligible who resigns, on request to the Office of

Personnel Management, is entitled to have his name placed again on

all registers for which he may have been qualified, in the order

named by section 3313 of this title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420; Pub. L. 95-454, title

IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 865. June 27, 1944, ch.

287, Sec. 16, 58

Stat. 391.

-------------------------------

The last 28 words of former section 865 relating to

recertification and reappointments are omitted since under sections

3317 and 3318(a) certification and appointment follow from placing

on registers.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 substituted ''Office of Personnel

Management'' for ''Civil Service Commission''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 3304, 3320 of this

title; title 22 section 1438; title 49 section 40122.

-CITE-

5 USC Sec. 3315 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3315. Registers; preference eligibles furloughed or separated

-STATUTE-

(a) A preference eligible who has been separated or furloughed

without delinquency or misconduct, on request, is entitled to have

his name placed on appropriate registers and employment lists for

every position for which his qualifications have been established,

in the order named by section 3313 of this title. This subsection

applies to registers and employment lists maintained by the Office

of Personnel Management, an Executive agency, or the government of

the District of Columbia.

(b) The Office may declare a preference eligible who has been

separated or furloughed without pay under section 7512 of this

title to be entitled to the benefits of subsection (a) of this

section.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420; Pub. L. 96-54, Sec.

2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 864 (1st June 27, 1944, ch.

sentence). 287 Sec. 15 (1st

sentence), 58 Stat.

391.

(b) 5 U.S.C. 863 (2d June 27, 1944, ch.

proviso). 287, Sec. 14 (2d

proviso), 58 Stat.

391.

-------------------------------

In subsection (a), the term ''Executive agency'' is substituted

for ''any agency or project of the Federal Government'' on

authority of former section 869. The last 28 words of the 1st

sentence of former section 864 relating to recertification and

reappointment are omitted since under sections 3317 and 3318(a)

certification and appointment follow from placing on registers.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-54, Sec. 2(a)(14), substituted

''Office of Personnel Management'' for ''Civil Service

Commission''.

Subsec. (b). Pub. L. 96-54, Sec. 2(a)(15), substituted ''Office''

for ''Commission''.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 3304, 3320 of this

title; title 22 section 1438; title 49 section 40122.

-CITE-

5 USC Sec. 3315a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

(Sec. 3315a. Repealed. Pub. L. 93-416, Sec. 22(c), Sept. 7, 1974,

88 Stat. 1150)

-MISC1-

Section, added Pub. L. 90-83 Sec. 1(9)(A), Sept. 11, 1967, 81

Stat. 197, related to registration by Civil Service Commission of

employees receiving compensation for injuries for certification for

appointment to vacant positions.

-CITE-

5 USC Sec. 3316 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3316. Preference eligibles; reinstatement

-STATUTE-

On request of an appointing authority, a preference eligible who

has resigned or who has been dismissed or furloughed may be

certified for, and appointed to, a position for which he is

eligible in the competitive service, an Executive agency, or the

government of the District of Columbia.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 421.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 862. June 27, 1944, ch.

287, Sec. 13, 58

Stat. 390.

-------------------------------

The word ''authority'' is substituted for ''officer'' in

recognition of the several appointing authorities named in section

2105(a)(1).

The words ''in the competitive service, an Executive agency, or

the government of the District of Columbia'' are substituted for

''in the civil service, Federal, or District of Columbia, or in any

establishment, agency, bureau, administration, project, or

department, temporary or permanent'' on authority of former section

869.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 3304, 3320 of this

title; title 22 section 1438; title 49 section 40122.

-CITE-

5 USC Sec. 3317 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3317. Competitive service; certification from registers

-STATUTE-

(a) The Office of Personnel Management shall certify enough names

from the top of the appropriate register to permit a nominating or

appointing authority who has requested a certificate of eligibles

to consider at least three names for appointment to each vacancy in

the competitive service.

(b) When an appointing authority, for reasons considered

sufficient by the Office, has three times considered and passed

over a preference eligible who was certified from a register,

certification of the preference eligible for appointment may be

discontinued. However, the preference eligible is entitled to

advance notice of discontinuance of certification.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 421; Pub. L. 95-454, title

IX, Sec. 906(a)(3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-54,

Sec. 2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 857 (1st June 27, 1944, ch.

sentence and 2d 287, Sec. 8 (1st

proviso). sentence and 2d

proviso), 58 Stat.

389.

-------------------------------

In subsection (a), the word ''authority'' is substituted for

''officer'' in recognition of the several appointing authorities

named in section 2105(a)(1). The words ''in the competitive

service'' have been added for clarity. Application of the section

to the excepted service in the executive branch and to the

government of the District of Columbia, as provided in former

section 858, is carried into section 3320.

In subsection (b), the word ''thereafter'' is omitted as

unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-54, Sec. 2(a)(14), substituted

''Office of Personnel Management'' for ''Civil Service

Commission''.

Subsec. (b). Pub. L. 96-54, Sec. 2(a)(15), amended subsec. (b) in

same manner as amendment by Pub. L. 95-454. See 1978 Amendment note

set out below.

1978 - Subsec. (b). Pub. L. 95-454 which purported to amend

section 3317b of this title by substituting ''Office'' for

''Commission'' was executed to subsec. (b) of this section as the

probable intent of Congress.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 3110, 3304, 3318,

3319, 3320, 9510 of this title; title 22 section 1438; title 49

section 40122.

-CITE-

5 USC Sec. 3318 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3318. Competitive service; selection from certificates

-STATUTE-

(a) The nominating or appointing authority shall select for

appointment to each vacancy from the highest three eligibles

available for appointment on the certificate furnished under

section 3317(a) of this title, unless objection to one or more of

the individuals certified is made to, and sustained by, the Office

of Personnel Management for proper and adequate reason under

regulations prescribed by the Office.

(b)(1) If an appointing authority proposes to pass over a

preference eligible on a certificate in order to select an

individual who is not a preference eligible, such authority shall

file written reasons with the Office for passing over the

preference eligible. The Office shall make the reasons presented

by the appointing authority part of the record of the preference

eligible and may require the submission of more detailed

information from the appointing authority in support of the passing

over of the preference eligible. The Office shall determine the

sufficiency or insufficiency of the reasons submitted by the

appointing authority, taking into account any response received

from the preference eligible under paragraph (2) of this

subsection. When the Office has completed its review of the

proposed passover, it shall send its findings to the appointing

authority and to the preference eligible. The appointing authority

shall comply with the findings of the Office.

(2) In the case of a preference eligible described in section

2108(3)(C) of this title who has a compensable service-connected

disability of 30 percent or more, the appointing authority shall at

the same time it notifies the Office under paragraph (1) of this

subsection, notify the preference eligible of the proposed

passover, of the reasons therefor, and of his right to respond to

such reasons to the Office within 15 days of the date of such

notification. The Office shall, before completing its review under

paragraph (1) of this subsection, require a demonstration by the

appointing authority that the passover notification was timely sent

to the preference eligible's last known address.

(3) A preference eligible not described in paragraph (2) of this

subsection, or his representative, shall be entitled, on request,

to a copy of -

(A) the reasons submitted by the appointing authority in

support of the proposed passover, and

(B) the findings of the Office.

(4) In the case of a preference eligible described in paragraph

(2) of this subsection, the functions of the Office under this

subsection may not be delegated.

(c) When three or more names of preference eligibles are on a

reemployment list appropriate for the position to be filled, a

nominating or appointing authority may appoint from a register of

eligibles established after examination only an individual who

qualifies as a preference eligible under section 2108(3)(C)-(G) of

this title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 421; Pub. L. 90-83, Sec.

1(8), Sept. 11, 1967, 81 Stat. 197; Pub. L. 95-454, title III, Sec.

307(d), title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat.

1148, 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a), (b) 5 U.S.C. 633(2)2. Jan. 16, 1883, ch.

27, Sec. 2(2)2, 22

Stat. 404.

5 U.S.C. 857 (less June 27, 1944, ch.

1st sentence, 2d 287, Sec. 8 (less

proviso, and last 1st sentence, 2d

sentence). proviso, and last

sentence), 58 Stat.

389. Aug. 14, 1953,

ch. 485, Sec. 2, 67

Stat. 582.

(c) 5 U.S.C. 864 (less June 27, 1944, ch.

1st sentence). 287, Sec. 15 (less

1st sentence), 58

Stat. 391.

-------------------------------

The word ''authority'' is substituted for ''officer'' in

recognition of the several appointing authorities named in section

2105(a)(1).

In subsection (a), the provisions of former section 633(2)2 are

merged in the requirement of former section 857, since the

certificate must be of the three highest on the register and the

nominating or appointing employee may select one of the three.

In subsection (c), the prohibition in former section 864 is

restated in positive form. The words ''an individual who qualifies

as a preference eligible under section 2108(3)(B)-(F)'' are

substituted for ''ten-point preference eligibles''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-454, Sec. 906(a)(2), (3),

substituted ''Office of Personnel Management'' and ''Office'' for

''Civil Service Commission'' and ''Commission'', respectively.

Subsec. (b). Pub. L. 95-454, Sec. 307(d), designated existing

provisions as par. (1), substituted provisions respecting authority

of the Office with respect to the selection procedures applicable,

for provisions respecting authority of the Commission with respect

to the selection procedures applicable, and added pars. (2) to (4).

1967 - Subsec. (c). Pub. L. 90-83 substituted ''section

2108(3)(C)-(G)'' for ''section 2108(3)(B)-(F).'' See Historical and

Revision Notes under section 3305 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 3304, 3319, 3320,

9510 of this title; title 22 section 1438; title 49 section 40122.

-CITE-

5 USC Sec. 3319 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3319. Alternative ranking and selection procedures

-STATUTE-

(a) The Office, in exercising its authority under section 3304,

or an agency to which the Office has delegated examining authority

under section 1104(a)(2), may establish category rating systems for

evaluating applicants for positions in the competitive service,

under 2 or more quality categories based on merit consistent with

regulations prescribed by the Office of Personnel Management,

rather than assigned individual numerical ratings.

(b) Within each quality category established under subsection

(a), preference-eligibles shall be listed ahead of individuals who

are not preference eligibles. For other than scientific and

professional positions at GS-9 of the General Schedule (equivalent

or higher), qualified preference-eligibles who have a compensable

service-connected disability of 10 percent or more shall be listed

in the highest quality category.

(c)(1) An appointing official may select any applicant in the

highest quality category or, if fewer than 3 candidates have been

assigned to the highest quality category, in a merged category

consisting of the highest and the second highest quality

categories.

(2) Notwithstanding paragraph (1), the appointing official may

not pass over a preference-eligible in the same category from which

selection is made, unless the requirements of section 3317(b) or

3318(b), as applicable, are satisfied.

(d) Each agency that establishes a category rating system under

this section shall submit in each of the 3 years following that

establishment, a report to Congress on that system including

information on -

(1) the number of employees hired under that system;

(2) the impact that system has had on the hiring of veterans

and minorities, including those who are American Indian or Alaska

Natives, Asian, Black or African American, and native Hawaiian or

other Pacific Islanders; and

(3) the way in which managers were trained in the

administration of that system.

(e) The Office of Personnel Management may prescribe such

regulations as it considers necessary to carry out the provisions

of this section.

-SOURCE-

(Added Pub. L. 107-296, title XIII, Sec. 1312(a)(2), Nov. 25, 2002,

116 Stat. 2290.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (b), is set out

under section 5332 of this title.

-MISC2-

PRIOR PROVISIONS

A prior section 3319, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

421, related to prohibitions on employment of members of same

family in the competitive service, prior to repeal by Pub. L.

95-454, title III, Sec. 307(h)(1), title IX, Sec. 907, Oct. 13,

1978, 92 Stat. 1149, 1227, effective 90 days after Oct. 13, 1978.

EFFECTIVE DATE

Section effective 60 days after Nov. 25, 2002, see section 4 of

Pub. L. 107-296, set out as a note under section 101 of Title 6,

Domestic Security.

-CITE-

5 USC Sec. 3320 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3320. Excepted service; government of the District of

Columbia; selection

-STATUTE-

The nominating or appointing authority shall select for

appointment to each vacancy in the excepted service in the

executive branch and in the government of the District of Columbia

from the qualified applicants in the same manner and under the same

conditions required for the competitive service by sections

3308-3318 of this title. This section does not apply to an

appointment required by Congress to be confirmed by, or made with

the advice and consent of, the Senate.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 858. June 27, 1944, ch.

287, Sec. 9, 58

Stat. 389.

5 U.S.C. 869. June 27, 1944, ch.

287, Sec. 20, 58

Stat. 391.

-------------------------------

Former sections 858 and 869 are combined and restated for clarity

and to conform to section 3318(a). The word ''authority'' is

substituted for ''officer'' in recognition of the several

appointing authorities named in section 2105(a)(1). The words

''shall select for appointment to each vacancy in the expected

service in the executive branch and in the government of the

District of Columbia from the qualified applicants in the same

manner and under the same conditions required for the competitive

service by sections 3308-3318 of this title'' are substituted for

''In the unclassified Federal, and District of Columbia, civil

service, and in all other positions and employment hereinbefore

referred to in (c) of section 851 of this title . . . shall make

selection from the qualified applicants in accordance with the

provisions of this chapter''. The reference to the excepted

service ''in the executive branch'' is substituted for the

exception of the legislative and judicial branches in former

section 869. Former section 869 did not prohibit the application of

those provisions of the Act of June 27, 1944, which relate to the

competitive service in the legislative or judicial branch by reason

of the specific provisions of section 311 of the Act of June 10,

1921, as amended (31 U.S.C. 52); 28 U.S.C. 602; and Executive Order

No. 67 of June 13, 1895. The reference to appointments of

postmasters is omitted from this section since those referred to

are in the competitive service. The application of former section

869 to the remainder of the Act of June 27, 1944, is covered by the

sections into which the remainder is carried (see Table I).

This section merely continues, and does not in any way change,

the requirements in former section 858 relative to the selection of

applicants for positions in the excepted service. Under this

section, the Federal Bureau of Investigation and other agencies

having positions in the excepted service will continue to fill

those positions in the same manner that they have been filled under

former section 858. Such excepted appointments are appointments

authorized to be made without regard to the statutes, rules, and

regulations governing appointments in the competitive service and

this is not changed.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

ASSISTANCE OF UNITED STATES CIVIL SERVICE COMMISSION IN DEVELOPING

MERIT SYSTEM FOR DISTRICT OF COLUMBIA

Pub. L. 93-198, title VII, Sec. 734, Dec. 24, 1973, 87 Stat. 823,

authorized the United States Civil Service Commission to advise and

assist the District of Columbia Mayor and Council in the further

development of the merit system or systems required by the District

of Columbia charter, which was approved on May 7, 1974, and

authorized the Commission to enter into agreements with the

District government to make available its registers of eligibles as

a recruiting source to fill District positions as needed, with the

costs of any specific services furnished by the Civil Service

Commission to be compensated for under the provisions of section

685a of former Title 31, Money and Finance (31 U.S.C. 1537).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2302 of this title; title

22 section 1438; title 49 section 40122.

-CITE-

5 USC Sec. 3321 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3321. Competitive service; probationary period

-STATUTE-

(a) The President may take such action, including the issuance of

rules, regulations, and directives, as shall provide as nearly as

conditions of good administration warrant for a period of probation

-

(1) before an appointment in the competitive service becomes

final; and

(2) before initial appointment as a supervisor or manager

becomes final.

(b) An individual -

(1) who has been transferred, assigned, or promoted from a

position to a supervisory or managerial position, and

(2) who does not satisfactorily complete the probationary

period under subsection (a)(2) of this section,

shall be returned to a position of no lower grade and pay than the

position from which the individual was transferred, assigned, or

promoted. Nothing in this section prohibits an agency from taking

an action against an individual serving a probationary period under

subsection (a)(2) of this section for cause unrelated to

supervisory or managerial performance.

(c) Subsections (a) and (b) of this section shall not apply with

respect to appointments in the Senior Executive Service or the

Federal Bureau of Investigation and Drug Enforcement Administration

Senior Executive Service.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422; Pub. L. 95-454, title

III, Sec. 303(a), Oct. 13, 1978, 92 Stat. 1146; Pub. L. 100-325,

Sec. 2(d), May 30, 1988, 102 Stat. 581.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 633(2)4. Jan. 16, 1883, ch.

27. Sec. 2(2)4, 22

Stat. 404.

-------------------------------

The authority of the President to prescribe rules is added on

authority of former section 633(1), which is carried into section

3302. Wording is changed because in practice an appointment is not

made after probation. The words ''or employment'' are omitted as

included within ''appointment''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-325 inserted reference to Federal

Bureau of Investigation and Drug Enforcement Administration Senior

Executive Service.

1978 - Pub. L. 95-454 substituted ''probationary period'' for

''probation; period of'' in section catchline, designated existing

provisions as subsec. (a), substituted provisions authorizing the

President to take necessary action, for provisions authorizing the

President to prescribe rules, and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3302, 4303, 7512, 9510 of

this title.

-CITE-

5 USC Sec. 3322 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

(Sec. 3322. Repealed. Pub. L. 95-256, Sec. 5(b)(1), Apr. 6, 1978,

92 Stat. 191)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422, related to

temporary appointments after age 70 in the competitive service.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 30, 1978, see section 5(f) of Pub. L.

95-256, set out as an Effective Date of 1978 Amendment note under

section 633a of Title 29, Labor.

-CITE-

5 USC Sec. 3323 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3323. Automatic separations; reappointment; reemployment of

annuitants

-STATUTE-

(a) An individual who reaches the retirement age prescribed for

automatic separation applicable to him may not be continued in the

civil service or in the government of the District of Columbia. An

individual separated on account of age under a statute or

regulation providing for retirement on account of age is not

eligible for appointment in the civil service or in the government

of the District of Columbia. The President, when in his judgment

the public interest so requires, may except an individual from this

subsection by Executive order. This subsection does not apply to

an individual named by a statute providing for the continuance of

the individual in the civil service or in the government of the

District of Columbia.

(b)(1) Notwithstanding other statutes, an annuitant, as defined

by section 8331 or 8401, receiving annuity from the Civil Service

Retirement and Disability Fund is not barred by reason of his

retired status from employment in an appointive position for which

the annuitant is qualified. An annuitant so reemployed, other than

an annuitant reappointed under paragraph (2) of this subsection,

serves at the will of the appointing authority.

(2) Subject to such regulations as the Director of the Office of

Personnel Management may prescribe, any annuitant to whom the first

sentence of paragraph (1) of this subsection applies and who has

served as an administrative law judge pursuant to an appointment

under section 3105 of this title may be reappointed an

administrative law judge under such section for a specified period

or for such period as may be necessary for such administrative law

judge to conduct and complete the hearing and disposition of one or

more specified cases. The provisions of this title that apply to

or with respect to administrative law judges appointed under

section 3105 of this title shall apply to or with respect to

administrative law judges reappointed under such section pursuant

to the first sentence of this paragraph.

(c) Notwithstanding subsection (a) of this section, a member of

the Foreign Service retired under section 812 of the Foreign

Service Act of 1980 is not barred by reason of his retired status

from employment in a position in the civil service for which he is

qualified. An annuitant so reemployed serves at the will of the

appointing authority.

(d) Notwithstanding subsection (a) of this section, the Chief of

Engineers of the Army, under section 569a of title 33, may employ a

retired employee whose expert assistance is needed in connection

with river and harbor or flood control works. There shall be

deducted from the pay of an employee so reemployed an amount equal

to the annuity or retired pay allocable to the period of actual

employment.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422; Pub. L. 96-465, title

II, Sec. 2314(a), Oct. 17, 1980, 94 Stat. 2167; Pub. L. 98-224,

Sec. 2, Mar. 2, 1984, 98 Stat. 47; Pub. L. 102-378, Sec. 2(10),

Oct. 2, 1992, 106 Stat. 1347.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 715a. June 30, 1932, ch.

314, Sec. 204, 47

Stat. 404.

(b) 5 U.S.C. 2263(a). July 31, 1956, ch.

804, Sec. 401

''Sec. 13(a)'', 70

Stat. 757.

(c) 22 U.S.C. 915(c). Sept. 8, 1960, Pub.

L. 86-723, Sec.

10(d), 74 Stat.

832.

(d) 33 U.S.C. 544a, June 20, 1938, ch.

701l. 535, Sec. 5, 52

Stat. 805.

-------------------------------

In subsection (a), the words ''On and after July 1, 1932'' are

omitted as executed. The words ''heretofore or hereafter'' are

omitted as unnecessary. The words ''in the civil service'' are

substituted for ''civilian service in any branch or service of the

United States Government'' and ''to any appointive office,

position, or employment under the United States'' in view of the

definition of ''civil service'' in section 2101.

In subsection (b), the words ''receiving annuity from the Civil

Service Retirement and Disability Fund'' are substituted for

''heretofore or hereafter retired under this chapter''. The word

''authority'' is substituted for ''officer'' in recognition of the

several appointing authorities named in section 2105(a)(1).

In subsection (c), the words ''Notwithstanding subsection (a) of

this section'' are substituted for ''Notwithstanding the provisions

of sections 62 and 715a of title 5'' to reflect the codification of

former section 715a in subsection (a) of this section and in view

of the repeal of section 62 of title 5 by Sec. 402(a)(7) of the Act

of Aug. 19, 1964, Pub. L. 88-448, 78 Stat. 492. The words

''heretofore or hereafter'' and ''hereafter'' are omitted as

unnecessary. The words ''in a position in the civil service'' are

substituted for ''in Federal Government service in any appointive

position'' in view of the definition of ''civil service'' in

section 2101. The word ''authority'' is substituted for ''officer''

in recognition of the several appointing authorities named in

section 2105(a)(1).

In subsection (d), the words ''Notwithstanding subsection (a) of

this section'' are substituted for ''The provisions of section 715a

of title 5 shall not be so construed as to prevent'' to reflect the

codification of former section 715a in subsection (a) of this

section, and to conform to the style of this section. The words

''under section 569a of title 33'' are substituted for ''under

agreement as authorized by sections 569a, 584a and 607a of title

33'' on authority of the provision contained in section 569a of

title 33. The word ''employee'' is coextensive with and substituted

for ''civilian employee'' in view of the definition of ''employee''

in section 2105. The last sentence is restated for clarity.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 812 of the Foreign Service Act of 1980, referred to in

subsec. (c), is classified to section 4052 of Title 22, Foreign

Relations and Intercourse.

-MISC2-

AMENDMENTS

1992 - Subsec. (b)(1). Pub. L. 102-378 substituted ''annuitant,

as defined by section 8331 or 8401,'' for ''annuitant as defined by

section 8331 of this title''.

1984 - Subsec. (b). Pub. L. 98-224 designated existing provisions

as par. (1), substituted ''the annuitant'' for ''he'' and inserted

'', other than an annuitant reappointed under paragraph (2) of this

subsection,'', and added par. (2).

1980 - Subsec. (c). Pub. L. 96-465 substituted ''member of the

Foreign Service retired under section 812 of the Foreign Service

Act of 1980'' for ''Foreign Service officer retired under section

1001 or 1002 of title 22 or a Foreign Service staff officer or

employee retired under section 1063 of title 22''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 sections 2386, 2512.

-CITE-

5 USC Sec. 3324 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3324. Appointments to positions classified above GS-15

-STATUTE-

(a) An appointment to a position classified above GS-15 pursuant

to section 5108 may be made only on approval of the qualifications

of the proposed appointee by the Office of Personnel Management.

This section does not apply to a position -

(1) to which appointment is made by the Chief Judge of the

United States Tax Court;

(2) to which appointment is made by the President;

(3) to which appointment is made by the Librarian of Congress;

or

(4) the incumbent of which is paid from -

(A) appropriations for the Executive Office of the President

under the heading ''The White House Office'', ''Special

Projects'', ''Council of Economic Advisers'', or ''National

Security Council''; or

(B) funds appropriated to the President under the heading

''Emergency Fund for the President'' by the Treasury, Post

Office, and Executive Office Appropriation Act, 1966, or a

later statute making appropriations for the same purpose.

(b) The Office may prescribe regulations necessary for the

administration of this section.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422; Pub. L. 90-83, Sec.

1(10), Sept. 11, 1967, 81 Stat. 197; Pub. L. 95-454, title IX, Sec.

906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-54, Sec.

2(a)(17), Aug. 14, 1979, 93 Stat. 382; Pub. L. 101-509, title V,

Sec. 529 (title I, Sec. 101(b)(9)(C)(i), (ii)), Nov. 5, 1990, 104

Stat. 1427, 1441; Pub. L. 102-378, Sec. 2(11), Oct. 2, 1992, 106

Stat. 1347.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 1105(i). June 20, 1958, Pub.

L. 85-462, Sec. 10

''(i)'', 72 Stat.

213. Sept. 13,

1960, Pub. L. 86-

768, 74 Stat. 910.

-------------------------------

In subsection (a), the words ''in GS-16, 17, and 18'' are

substituted for ''in grades 16, 17, and 18 of the General

Schedule''.

In subsection (a)(2), the words ''by the President'' are

coextensive with and substituted for ''by the President alone or by

the President by and with the advice and consent of the Senate''.

In subsection (a)(4)(A), the words ''Office of Emergency

Planning'' are substituted for ''Office of Defense Mobilization''

on authority of 1958 Reorg. Plan No. 1, Sec. 2(a), effective July

1, 1958, 72 Stat. 1799, as amended Aug. 26, 1958, Pub. L. 85-763,

72 Stat. 861, and Sept. 22, 1961, Pub. L. 87-296, 75 Stat. 630.

Reference to ''President's Advisory Committee on Government

Organization'' is omitted since the Committee was abolished by

Executive Order No. 10917, February 10, 1961.

In subsection (a)(4)(B), the words '' 'Emergency Fund for the

President' by the Treasury, Post Office, and Executive Office

Appropriation Act, 1966'' are substituted for '' 'Emergency Fund

for the President, National Defense' by the General Government

Matters Appropriation Act, 1959'' to reflect the heading and title

of the current appropriation Act.

Subsection (b) is added on authority of former sections 1072 and

1072a, which are carried into section 5115.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 ACT

This section amends 5 U.S.C. 3324(a)(4)(A) to correct

typographical errors.

-REFTEXT-

REFERENCES IN TEXT

The Treasury, Post Office, and Executive Office Appropriation

Act, 1966, referred to in subsec. (a)(4)(B), is Pub. L. 89-57, June

30, 1965, 79 Stat. 196. For classification of this Act to the Code,

see Tables.

-MISC2-

AMENDMENTS

1992 - Pub. L. 102-378, Sec. 2(11)(A), substituted ''GS-15'' for

''GA-15'' in section catchline.

Subsec. (a)(1). Pub. L. 102-378, Sec. 2(11)(B), amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

''provided for in section 5108(c)(2) of this title;''.

1990 - Pub. L. 101-509, Sec. 529 (title I, Sec.

101(b)(9)(C)(ii)), which directed that ''to positions classified

above GA-15'' be substituted for ''at GS-16, 17, or 18'' in section

catchline, was executed by making the substitution for ''at GS-16,

17, and 18'', as the probable intent of Congress.

Subsec. (a). Pub. L. 101-509, Sec. 529 (title I, Sec.

101(b)(9)(C)(i)), substituted ''classified above GS-15 pursuant to

section 5108'' for ''in GS-16, 17, or 18''.

1979 - Subsec. (a)(4)(A). Pub. L. 96-54 struck out reference to

Office of Emergency Planning.

1978 - Subsecs. (a), (b). Pub. L. 95-454 substituted ''Office of

Personnel Management'' for ''Civil Service Commission'' and

''Office'' for ''Commission''.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-378 effective May 4, 1991, see section

9(b)(4) of Pub. L. 102-378, set out as a note under section 6303 of

this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. 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, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-83 effective as of Sept. 6, 1966, for all

purposes, see section 9(h) of Pub. L. 90-83, set out as a note

under section 5102 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1204, 1212, 7204 of this

title; title 10 sections 4540, 7212, 9540; title 20 section 3461;

title 42 section 7231.

-CITE-

5 USC Sec. 3325 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3325. Appointments to scientific and professional positions

-STATUTE-

(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 or its designee for this purpose.

(b) This section does not apply to positions established under

section 3104(c).

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 423; Pub. L. 95-454, title

IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 102-378,

Sec. 2(12), Oct. 2, 1992, 106 Stat. 1347.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 1162(a). Oct. 4, 1961, Pub.

L. 87-367, Sec. 202

''Sec. 2(a)'', 75

Stat. 790.

(b) 5 U.S.C. 1161 (g) Oct. 11, 1962, Pub.

(2d sentence). L. 87-793, Sec.

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.

AMENDMENTS

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''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-CITE-

5 USC Sec. 3326 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3326. Appointments of retired members of the armed forces to

positions in the Department of Defense

-STATUTE-

(a) For the purpose of this section, ''member'' and ''Secretary

concerned'' have the meanings given them by section 101 of title

37.

(b) A retired member of the armed forces may be appointed to a

position in the civil service in or under the Department of Defense

(including a nonappropriated fund instrumentality under the

jurisdiction of the armed forces) during the period of 180 days

immediately after his retirement only if -

(1) the proposed appointment is authorized by the Secretary

concerned or his designee for the purpose, and, if the position

is in the competitive service, after approval by the Office of

Personnel Management;

(2) the minimum rate of basic pay for the position has been

increased under section 5305 of this title; or

(3) a state of national emergency exists.

(c) A request by appropriate authority for the authorization, or

the authorization and approval, as the case may be, required by

subsection (b)(1) of this section shall be accompanied by a

statement which shows the actions taken to assure that -

(1) full consideration, in accordance with placement and

promotion procedures of the department concerned, was given to

eligible career employees;

(2) when selection is by other than certification from an

established civil service register, the vacancy has been

publicized to give interested candidates an opportunity to apply;

(3) qualification requirements for the position have not been

written in a manner designed to give advantage to the retired

member; and

(4) the position has not been held open pending the retirement

of the retired member.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 423; Pub. L. 96-54, Sec.

2(a)(14), Aug. 14, 1979, 93 Stat. 382; Pub. L. 101-509, title V,

Sec. 529 (title I, Sec. 101(b)(3)(A)), Nov. 5, 1990, 104 Stat.

1427, 1439.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 3101 (as Aug. 19, 1964, Pub.

applicable to 5 L. 88-448, Sec. 101

U.S.C. 3103). (as applicable to

Sec. 204), 78 Stat.

484.

(b), (c) 5 U.S.C. 3103. Aug. 19, 1964, Pub.

L. 88-448, Sec.

204, 78 Stat. 487.

-------------------------------

In subsection (a), the definition of ''armed forces'' is omitted

as unnecessary in view of the definition in section 2101.

In subsection (b), the words ''position in the civil service''

are substituted for ''civilian office'' in view of the definition

of ''civil service'' in section 2101. The words ''(including a

nonappropriated fund instrumentality under the jurisdiction of the

armed forces)'' are added on authority of former section 3101(3).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1990 - Subsec. (b)(2). Pub. L. 101-509 substituted ''5305'' for

''5303''.

1979 - Subsec. (b)(1). Pub. L. 96-54 substituted ''Office of

Personnel Management'' for ''Civil Service Commission''.

SUSPENSION OF SECTION

Pub. L. 101-510, div. A, title XII, Sec. 1206(f), Nov. 5, 1990,

104 Stat. 1661, provided that: ''Section 3326 of title 5, United

States Code, shall not be in effect for the period beginning on the

date of the enactment of this Act (Nov. 5, 1990) and ending two

years after such date.''

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. 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, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

-CITE-

5 USC Sec. 3327 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3327. Civil service employment information

-STATUTE-

(a) The Office of Personnel Management shall provide that

information concerning opportunities to participate in competitive

examinations conducted by, or under authority delegated by, the

Office of Personnel Management shall be made available to the

employment offices of the United States Employment Service.

(b) Subject to such regulations as the Office may issue, each

agency shall promptly notify the Office and the employment offices

of the United States Employment Service of -

(1) each vacant position in the agency which is in the

competitive service or the Senior Executive Service and for which

the agency seeks applications from persons outside the Federal

service, and

(2) the period during which applications will be accepted.

As used in this subsection, ''agency'' means an agency as defined

in section 5102(a)(1) of this title other than an agency all the

positions in which are excepted by statute from the competitive

service.

-SOURCE-

(Added Pub. L. 95-454, title III, Sec. 309(a), Oct. 13, 1978, 92

Stat. 1151.)

-MISC1-

PRIOR PROVISIONS

A prior section 3327, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

424, which prescribed standards for determination of qualifications

of postmasters, including experience in postal field service,

seniority, length of service, level of difficulty and

responsibility of work, attendance, awards and commendations, and

performance rating, was repealed by Pub. L. 91-375, Sec.

6(c)(7)(A), Aug. 12, 1970, 84 Stat. 776. See section 1001 of Title

39, Postal Service.

EFFECTIVE DATE

Section effective 90 days after Oct. 13, 1978, see section 907 of

Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note

under section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3304, 3330 of this title.

-CITE-

5 USC Sec. 3328 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3328. Selective Service registration

-STATUTE-

(a) An individual -

(1) who was born after December 31, 1959, and is or was

required to register under section 3 of the Military Selective

Service Act (50 U.S.C. App. 453); and

(2) who is not so registered or knowingly and willfully did not

so register before the requirement terminated or became

inapplicable to the individual,

shall be ineligible for appointment to a position in an Executive

agency.

(b) The Office of Personnel Management, in consultation with the

Director of the Selective Service System, shall prescribe

regulations to carry out this section. Such regulations shall

include provisions prescribing procedures for the adjudication of

determinations of whether a failure to register was knowing and

willful. Such procedures shall require that such a determination

may not be made if the individual concerned shows by a

preponderance of the evidence that the failure to register was

neither knowing nor willful. Such procedures may provide that

determinations of eligibility under the requirements of this

section shall be adjudicated by the Executive agency making the

appointment for which the eligibility is determined.

-SOURCE-

(Added Pub. L. 99-145, title XVI, Sec. 1622(a)(1), Nov. 8, 1985, 99

Stat. 777; amended Pub. L. 100-180, div. A, title XII, Sec. 1249,

Dec. 4, 1987, 101 Stat. 1167.)

-MISC1-

AMENDMENTS

1987 - Subsec. (b). Pub. L. 100-180 struck out ''within the

Office'' after ''for the adjudication'' in second sentence and

inserted at end ''Such procedures may provide that determinations

of eligibility under the requirements of this section shall be

adjudicated by the Executive agency making the appointment for

which the eligibility is determined.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 1599c; title 38

section 7403.

-CITE-

5 USC Sec. 3329 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3329. Appointments of military reserve technicians to

positions in the competitive service

-STATUTE-

(a) For the purpose of this section, the term ''military reserve

technician'' has the meaning given the term ''military technician

(dual status)'' by section 8401(30).

(b) The Secretary of Defense shall take such steps as may be

necessary to ensure that, except as provided in subsection (d), any

military reserve technician who is involuntarily separated from

technician service, after completing at least 15 years of such

service and 20 years of service creditable under section 12732 of

title 10, by reason of ceasing to satisfy the condition described

in section 8401(30)(B) (FOOTNOTE 1) shall, if appropriate written

application is submitted within 1 year after the date of

separation, be provided placement consideration in a position

described in subsection (c) through a priority placement program of

the Department of Defense.

(FOOTNOTE 1) See References in Text note below.

(c)(1) The position for which placement consideration shall be

provided to a former military technician under subsection (b) shall

be a position -

(A) in either the competitive service or the excepted service;

(B) within the Department of Defense; and

(C) in which the person is qualified to serve, taking into

consideration whether the employee in that position is required

to be a member of a reserve component of the armed forces as a

condition of employment.

(2) To the maximum extent practicable, the position shall also be

in a pay grade or other pay classification sufficient to ensure

that the rate of basic pay of the former military technician, upon

appointment to the position, is not less than the rate of basic pay

last received by the former military technician for technician

service before separation.

(d) This section shall not apply in the case of -

(1) an involuntary separation for cause on charges of

misconduct or delinquency; or

(2) a technician who, as of the date of application under this

section, is eligible for immediate (including for disability) or

early retirement under subchapter III of chapter 83 or under

chapter 84.

(e) The Secretary of Defense shall, in consultation with the

Director of the Office of Personnel Management, prescribe such

regulations as may be necessary to carry out this section.

-SOURCE-

(Added Pub. L. 102-484, div. A, title V, Sec. 544(a), Oct. 23,

1992, 106 Stat. 2415; amended Pub. L. 104-106, div. A, title X,

Sec. 1037(a), Feb. 10, 1996, 110 Stat. 431; Pub. L. 105-85, div.

A, title XI, Sec. 1103, Nov. 18, 1997, 111 Stat. 1923; Pub. L.

106-398, Sec. 1 ((div. A), title X, Sec. 1087(f)(1)), Oct. 30,

2000, 114 Stat. 1654, 1654A-293.)

-REFTEXT-

REFERENCES IN TEXT

Section 8401(30) of this title, referred to in subsecs. (a) and

(b), was amended generally by Pub. L. 106-65, div. A, title V,

Sec. 522(c)(2), Oct. 5, 1999, 113 Stat. 597, and, as so amended, no

longer contains a subpar. (B).

-COD-

CODIFICATION

Another section 3329 was renumbered section 3330 of this title.

-MISC3-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 ((div. A), title X,

Sec. 1087(f)(1)(A)), substituted ''the term 'military technician

(dual status)' '' for ''such term''.

Subsec. (b). Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1087(f)(1)(B)), substituted ''section 12732 of title 10'' for

''section 1332 of title 10''.

1997 - Subsec. (b). Pub. L. 105-85 struck out ''a position

described in subsection (c) not later than 6 months after the date

of the application'' after ''program of the Department of

Defense''.

1996 - Subsec. (b). Pub. L. 104-106, Sec. 1037(a)(1), substituted

''be provided placement consideration in a position described in

subsection (c) through a priority placement program of the

Department of Defense'' for ''be offered''.

Subsec. (c). Pub. L. 104-106, Sec. 1037(a)(2), added subsec. (c)

and struck out former subsec. (c) which read as follows: ''The

position to be offered shall be a position -

''(1) in the competitive service;

''(2) within the Department of Defense;

''(3) for which the individual is qualified; and

''(4) the rate of basic pay for which is not less than the rate

last received for technician service before separation.''

-CITE-

5 USC Sec. 3330 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3330. Government-wide list of vacant positions

-STATUTE-

(a) For the purpose of this section, the term ''agency'' means an

Executive agency, excluding the General Accounting Office and any

agency (or unit thereof) whose principal function is the conduct of

foreign intelligence or counterintelligence activities, as

determined by the President.

(b) The Office of Personnel Management shall establish and keep

current a comprehensive list of all announcements of vacant

positions in the competitive service within each agency that are to

be filled by appointment for more than one year and for which

applications are being (or will soon be) accepted from outside the

agency's work force.

(c) Included for any position listed shall be -

(1) a brief description of the position, including its title,

tenure, location, and rate of pay;

(2) application procedures, including the period within which

applications may be submitted and procedures for obtaining

additional information; and

(3) any other information which the Office considers

appropriate.

(d) The list shall be available to members of the public.

(e) The Office shall prescribe such regulations as may be

necessary to carry out this section. Any requirement under this

section that agencies notify the Office as to the availability of

any vacant positions shall be designed so as to avoid any

duplication of information otherwise required to be furnished under

section 3327 of this title or any other provision of law.

(f) The Office may, to the extent it determines appropriate,

charge such fees to agencies for services provided under this

section and for related Federal employment information. The Office

shall retain such fees to pay the costs of providing such services

and information.

-SOURCE-

(Added Pub. L. 102-484, div. D, title XLIV, Sec. 4431(a), Oct. 23,

1992, 106 Stat. 2719, Sec. 3329; renumbered Sec. 3330 and amended

Pub. L. 104-52, title IV, Sec. 4(1), Nov. 19, 1995, 109 Stat. 490;

Pub. L. 104-106, div. A, title X, Sec. 1037(b)(1), Feb. 10, 1996,

110 Stat. 432.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106, which directed renumbering of the section

3329 of this title that was added by Pub. L. 102-484, Sec. 4431, as

section 3330 of this title, could not be executed because of the

intervening renumbering of that section by Pub. L. 104-52, Sec.

4(1)(A). See 1995 Amendment note below.

1995 - Pub. L. 104-52, Sec. 4(1)(A), renumbered section 3329 of

this title, relating to government-wide list of vacant positions,

as this section.

Subsec. (f). Pub. L. 104-52, Sec. 4(1)(B), added subsec. (f).

-CITE-

5 USC Sec. 3330a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3330a. Preference eligibles; administrative redress

-STATUTE-

(a)(1) A preference eligible who alleges that an agency has

violated such individual's rights under any statute or regulation

relating to veterans' preference may file a complaint with the

Secretary of Labor.

(2)(A) A complaint under this subsection must be filed within 60

days after the date of the alleged violation.

(B) Such complaint shall be in writing, be in such form as the

Secretary may prescribe, specify the agency against which the

complaint is filed, and contain a summary of the allegations that

form the basis for the complaint.

(3) The Secretary shall, upon request, provide technical

assistance to a potential complainant with respect to a complaint

under this subsection.

(b)(1) The Secretary of Labor shall investigate each complaint

under subsection (a).

(2) In carrying out any investigation under this subsection, the

Secretary's duly authorized representatives shall, at all

reasonable times, have reasonable access to, for purposes of

examination, and the right to copy and receive, any documents of

any person or agency that the Secretary considers relevant to the

investigation.

(3) In carrying out any investigation under this subsection, the

Secretary may require by subpoena the attendance and testimony of

witnesses and the production of documents relating to any matter

under investigation. In case of disobedience of the subpoena or

contumacy and on request of the Secretary, the Attorney General may

apply to any district court of the United States in whose

jurisdiction such disobedience or contumacy occurs for an order

enforcing the subpoena.

(4) Upon application, the district courts of the United States

shall have jurisdiction to issue writs commanding any person or

agency to comply with the subpoena of the Secretary or to comply

with any order of the Secretary made pursuant to a lawful

investigation under this subsection and the district courts shall

have jurisdiction to punish failure to obey a subpoena or other

lawful order of the Secretary as a contempt of court.

(c)(1)(A) If the Secretary of Labor determines as a result of an

investigation under subsection (b) that the action alleged in a

complaint under subsection (a) occurred, the Secretary shall

attempt to resolve the complaint by making reasonable efforts to

ensure that the agency specified in the complaint complies with

applicable provisions of statute or regulation relating to

veterans' preference.

(B) The Secretary of Labor shall make determinations referred to

in subparagraph (A) based on a preponderance of the evidence.

(2) If the efforts of the Secretary under subsection (b) with

respect to a complaint under subsection (a) do not result in the

resolution of the complaint, the Secretary shall notify the person

who submitted the complaint, in writing, of the results of the

Secretary's investigation under subsection (b).

(d)(1) If the Secretary of Labor is unable to resolve a complaint

under subsection (a) within 60 days after the date on which it is

filed, the complainant may elect to appeal the alleged violation to

the Merit Systems Protection Board in accordance with such

procedures as the Merit Systems Protection Board shall prescribe,

except that in no event may any such appeal be brought -

(A) before the 61st day after the date on which the complaint

is filed; or

(B) later than 15 days after the date on which the complainant

receives written notification from the Secretary under subsection

(c)(2).

(2) An appeal under this subsection may not be brought unless -

(A) the complainant first provides written notification to the

Secretary of such complainant's intention to bring such appeal;

and

(B) appropriate evidence of compliance with subparagraph (A) is

included (in such form and manner as the Merit Systems Protection

Board may prescribe) with the notice of appeal under this

subsection.

(3) Upon receiving notification under paragraph (2)(A), the

Secretary shall not continue to investigate or further attempt to

resolve the complaint to which the notification relates.

(e)(1) This section shall not be construed to prohibit a

preference eligible from appealing directly to the Merit Systems

Protection Board from any action which is appealable to the Board

under any other law, rule, or regulation, in lieu of administrative

redress under this section.

(2) A preference eligible may not pursue redress for an alleged

violation described in subsection (a) under this section at the

same time the preference eligible pursues redress for such

violation under any other law, rule, or regulation.

-SOURCE-

(Added Pub. L. 105-339, Sec. 3(a), Oct. 31, 1998, 112 Stat. 3182.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3330b, 3330c of this

title.

-CITE-

5 USC Sec. 3330b 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3330b. Preference eligibles; judicial redress

-STATUTE-

(a) In lieu of continuing the administrative redress procedure

provided under section 3330a(d), a preference eligible may elect,

in accordance with this section, to terminate those administrative

proceedings and file an action with the appropriate United States

district court not later than 60 days after the date of the

election.

(b) An election under this section may not be made -

(1) before the 121st day after the date on which the appeal is

filed with the Merit Systems Protection Board under section

3330a(d); or

(2) after the Merit Systems Protection Board has issued a

judicially reviewable decision on the merits of the appeal.

(c) An election under this section shall be made, in writing, in

such form and manner as the Merit Systems Protection Board shall by

regulation prescribe. The election shall be effective as of the

date on which it is received, and the administrative proceeding to

which it relates shall terminate immediately upon the receipt of

such election.

-SOURCE-

(Added Pub. L. 105-339, Sec. 3(a), Oct. 31, 1998, 112 Stat. 3184.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3330c of this title.

-CITE-

5 USC Sec. 3330c 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT

-HEAD-

Sec. 3330c. Preference eligibles; remedy

-STATUTE-

(a) If the Merit Systems Protection Board (in a proceeding under

section 3330a) or a court (in a proceeding under section 3330b)

determines that an agency has violated a right described in section

3330a, the Board or court (as the case may be) shall order the

agency to comply with such provisions and award compensation for

any loss of wages or benefits suffered by the individual by reason

of the violation involved. If the Board or court determines that

such violation was willful, it shall award an amount equal to

backpay as liquidated damages.

(b) A preference eligible who prevails in an action under section

3330a or 3330b shall be awarded reasonable attorney fees, expert

witness fees, and other litigation expenses.

-SOURCE-

(Added Pub. L. 105-339, Sec. 3(a), Oct. 31, 1998, 112 Stat. 3184.)

-CITE-

5 USC SUBCHAPTER II - OATH OF OFFICE 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER II - OATH OF OFFICE

.

-HEAD-

SUBCHAPTER II - OATH OF OFFICE

-CITE-

5 USC Sec. 3331 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER II - OATH OF OFFICE

-HEAD-

Sec. 3331. Oath of office

-STATUTE-

An individual, except the President, elected or appointed to an

office of honor or profit in the civil service or uniformed

services, shall take the following oath: ''I, AB, do solemnly swear

(or affirm) that I will support and defend the Constitution of the

United States against all enemies, foreign and domestic; that I

will bear true faith and allegiance to the same; that I take this

obligation freely, without any mental reservation or purpose of

evasion; and that I will well and faithfully discharge the duties

of the office on which I am about to enter. So help me God.'' This

section does not affect other oaths required by law.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 424.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 16. R.S. Sec. 1757. May

13, 1884, ch. 46,

Sec. 2, 3, 23 Stat.

22.

-------------------------------

All but the quoted language in R.S. Sec. 1757 is omitted as

obsolete since R.S. Sec. 1757 was originally an alternative oath to

the oath prescribed in R.S. Sec. 1756 which oath was repealed by

the Act of May 13, 1884, ch. 46, Sec. 2, 23 Stat. 22. The words

''An individual, except the President, . . . in the civil service

or uniformed services'' are substituted for ''any person . . .

either in the civil, military, or naval service, except the

President of the United States''. The second sentence of former

section 16 is changed to read, ''This section does not affect other

oaths required by law.''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2903, 2904, 2905, 2906,

3332 of this title; title 2 section 64-1; title 10 sections 578,

603, 626, 12201, 14309; title 14 sections 273, 735; title 22

section 2504; title 33 sections 854a-2, 3031; title 42 sections

1971, 4954.

-CITE-

5 USC Sec. 3332 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER II - OATH OF OFFICE

-HEAD-

Sec. 3332. Officer affidavit; no consideration paid for appointment

-STATUTE-

An officer, within 30 days after the effective date of his

appointment, shall file with the oath of office required by section

3331 of this title an affidavit that neither he nor anyone acting

in his behalf has given, transferred, promised, or paid any

consideration for or in the expectation or hope of receiving

assistance in securing the appointment.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 424.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 21a. Dec. 11, 1926, ch.

4, Sec. 1, 44 Stat.

918. Mar. 2, 1927,

ch. 284, 44 Stat.

1346. Sept. 23,

1950, ch. 1010,

Sec. 10, 64 Stat.

987.

-------------------------------

The section is restated for clarity and conciseness. The term

''officer'' is coextensive with and substituted for ''Each

individual appointed hereafter as a civil officer of the United

States by the President, by and with the advice and consent of the

Senate, or by the President alone, or by a court of law, or by the

head of a department'' in view of the definition of ''officer'' in

section 2104.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5507 of this title; title

22 section 4001; title 42 section 211.

-CITE-

5 USC Sec. 3333 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER II - OATH OF OFFICE

-HEAD-

Sec. 3333. Employee affidavit; loyalty and striking against the

Government

-STATUTE-

(a) Except as provided by subsection (b) of this section, an

individual who accepts office or employment in the Government of

the United States or in the government of the District of Columbia

shall execute an affidavit within 60 days after accepting the

office or employment that his acceptance and holding of the office

or employment does not or will not violate section 7311 of this

title. The affidavit is prima facie evidence that the acceptance

and holding of office or employment by the affiant does not or will

not violate section 7311 of this title.

(b) An affidavit is not required from an individual employed by

the Government of the United States or the government of the

District of Columbia for less than 60 days for sudden emergency

work involving the loss of human life or the destruction of

property. This subsection does not relieve an individual from

liability for violation of section 7311 of this title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 424.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 118q. Aug. 9, 1955, ch.

690, Sec. 2, 69

Stat. 624.

(Uncodified). June 29, 1956, ch.

479, Sec. 3 (as

applicable to the

Act of Aug. 9,

1955, ch. 690, Sec.

2, 69 Stat. 624),

70 Stat. 453.

-------------------------------

The section is restated for clarity and to conform to the style

of section 3332.

In subsection (a), the words ''after August 9, 1955'' are omitted

as executed. The words ''if the affidavit is executed prior to

acceptance of such office or employment'' are omitted as

unnecessary. The words ''From and after July 1, 1956'', appearing

in the Act of June 29, 1956, are omitted as executed.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 4001; title 39

section 410.

-CITE-

5 USC SUBCHAPTER III - DETAILS, VACANCIES, AND

APPOINTMENTS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

.

-HEAD-

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277, div. C, title I, Sec. 151(c)(2), Oct.

21, 1998, 112 Stat. 2681-616, substituted ''DETAILS, VACANCIES, AND

APPOINTMENTS'' for ''DETAILS'' as subchapter heading.

ANNUAL REPORT TO CONGRESS ON EMPLOYEES OR MEMBERS OF ARMED SERVICES

DETAILED TO EXECUTIVE AGENCIES; EXEMPTIONS

Pub. L. 103-329, title VI, Sec. 619, Sept. 30, 1993, 108 Stat.

2420, which directed each Executive agency detailing personnel

submit an annual report to Senate and House Committees on

Appropriations on all employees or members of armed services

detailed to Executive agencies, listing grade, position, and

offices of each person detailed and agency to which each such

person was detailed, with exemptions for certain intelligence

agencies, terminated, effective May 15, 2000, see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and page 151 of House Document No.

103-7. Similar provisions were contained in the following prior

appropriations acts:

Pub. L. 103-123, title VI, Sec. 617, Oct. 28, 1993, 107 Stat.

1263.

Pub. L. 102-393, title VI, Sec. 619, Oct. 6, 1992, 106 Stat.

1769; repealed by Pub. L. 104-66, title III, Sec. 3001(h), Dec. 21,

1995, 109 Stat. 734.

Pub. L. 102-141, title VI, Sec. 619, Oct. 28, 1991, 105 Stat.

871.

Pub. L. 101-509, title VI, Sec. 616, Nov. 5, 1990, 104 Stat.

1474.

Pub. L. 101-136, title VI, Sec. 616, Nov. 3, 1989, 103 Stat. 819.

Pub. L. 100-440, title VI, Sec. 616, Sept. 22, 1988, 102 Stat.

1754.

Pub. L. 100-202, Sec. 101(m) (title VI, Sec. 621), Dec. 22, 1987,

101 Stat. 1329-390, 1329-427.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 6 section 113; title 42

section 6635.

-CITE-

5 USC Sec. 3341 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-HEAD-

Sec. 3341. Details; within Executive or military departments

-STATUTE-

(a) The head of an Executive department or military department

may detail employees among the bureaus and offices of his

department, except employees who are required by law to be

exclusively engaged on some specific work.

(b)(1) Details under subsection (a) of this section may be made

only by written order of the head of the department, and may be for

not more than 120 days. These details may be renewed by written

order of the head of the department, in each particular case, for

periods not exceeding 120 days.

(2) The 120-day limitation in paragraph (1) for details and

renewals of details does not apply to the Department of Defense in

the case of a detail -

(A) made in connection with the closure or realignment of a

military installation pursuant to a base closure law or an

organizational restructuring of the Department as part of a

reduction in the size of the armed forces or the civilian

workforce of the Department; and

(B) in which the position to which the employee is detailed is

eliminated on or before the date of the closure, realignment, or

restructuring.

(c) For purposes of this section -

(1) the term ''base closure law'' means -

(A) section 2687 of title 10;

(B) title II of the Defense Authorization Amendments and Base

Closure and Realignment Act (10 U.S.C. 2687 note); and

(C) the Defense Base Closure and Realignment Act of 1990 (10

U.S.C. 2687 note); and

(2) the term ''military installation'' -

(A) in the case of an installation covered by section 2687 of

title 10, has the meaning given such term in subsection (e)(1)

of such section;

(B) in the case of an installation covered by the Act

referred to in subparagraph (B) of paragraph (1), has the

meaning given such term in section 209(6) of such Act; and

(C) in the case of an installation covered by the Act

referred to in subparagraph (C) of that paragraph, has the

meaning given such term in section 2910(4) of such Act.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 424; Pub. L. 104-106,

div. A, title X, Sec. 1033(a), Feb. 10, 1996, 110 Stat. 429.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 38. R.S. Sec. 166. May

28, 1896, ch. 252,

Sec. 3, 29 Stat.

179.

-------------------------------

The words ''Executive department'' are substituted for

''department'' as the definition of ''department'' applicable to

this section is coextensive with the definition of ''Executive

department'' in section 101.

The words ''or military department'' are inserted to preserve the

application of the source law. Before enactment of the National

Security Act Amendments of 1949 (63 Stat. 578), the Department of

the Army, the Department of the Navy, and the Department of the Air

Force were Executive departments. The National Security Act

Amendments of 1949 established the Department of Defense as an

Executive Department including the Department of the Army, the

Department of the Navy, and the Department of the Air Force as

military departments, not as Executive departments. However, the

source law for this section, which was in effect in 1949, remained

applicable to the Secretaries of the military departments by virtue

of section 12(g) of the National Security Act Amendments of 1949

(63 Stat. 591), which is set out in the reviser's note for section

301.

The word ''detail'' is coextensive with and is substituted for

''alter the distribution''. The word ''clerks'' is omitted as

included in ''employees''. The words ''as he may find it necessary

and proper to do'' and ''from time to time'' are omitted as

surplusage.

This section was part of title IV of the Revised Statutes. The

Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949,

ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which

provides ''Except to the extent inconsistent with the provisions of

this Act (National Security Act of 1947), the provisions of title

IV of the Revised Statutes as now or hereafter amended shall be

applicable to the Department of Defense'' is omitted from this

title but is not repealed.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 209(6) of such Act, referred to in subsec. (c)(2)(B),

means section 209(6) of Pub. L. 100-526, which is set out as a note

under section 2687 of Title 10, Armed Forces.

Section 2910(4) of such Act, referred to in subsec. (c)(2)(C),

means section 2910(4) of Pub. L. 101-510, which is set out as a

note under section 2687 of Title 10.

-MISC2-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-106 designated existing

provisions as par. (1) and added par. (2).

Subsec. (c). Pub. L. 104-106, Sec. 1033(a)(2), added subsec. (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1033(b) of Pub. L. 104-106 provided that: ''The

amendments made by subsection (a) (amending this section) apply to

details made before the date of the enactment of this Act (Feb. 10,

1996) but still in effect on that date and details made on or after

that date.''

TRANSFER OF APPROPRIATED FUNDS; FUNDING OF DETAILED EMPLOYEES

For restriction on availability of funds for salaries of

employees reassigned on temporary detail basis to another position

without independent approval by head of employing department or

agency, see section 515(3) of Pub. L. 103-333, set out as a note

under section 1301 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9510 of this title; title

15 sections 652, 7103; title 42 section 5667g-2.

-CITE-

5 USC Sec. 3342 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-HEAD-

(Sec. 3342. Repealed. Pub. L. 102-378, Sec. 2(13)(A), Oct. 2, 1992,

106 Stat. 1347)

-MISC1-

Section, added Pub. L. 101-416, Sec. 2(a)(1), Oct. 12, 1990, 104

Stat. 902, related to Federal participants in executive exchange

programs.

A prior section 3342, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

425, which prohibited details of employees from field service to

Executive department in District of Columbia except for temporary

duty, details specifically provided for by law, or detailing of one

employee from Bureau of Customs for duty in District of Columbia,

was repealed by Pub. L. 89-762, Sec. 1(a), Nov. 5, 1966, 80 Stat.

1312.

EFFECTIVE DATE OF REPEAL

Section repealed effective Oct. 1, 1991, see section 9(b)(3) of

Pub. L. 102-378, set out as an Effective Date of 1992 Amendment

note under section 6303 of this title.

-CITE-

5 USC Sec. 3343 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-HEAD-

Sec. 3343. Details; to international organizations

-STATUTE-

(a) For the purpose of this section -

(1) ''agency'', ''employee'', and ''international

organization'' have the meanings given them by section 3581 of

this title; and

(2) ''detail'' means the assignment or loan of an employee to

an international organization without a change of position from

the agency by which he is employed to an international

organization.

(b) The head of an agency may detail, for a period of not more

than 5 years, an employee of his agency to an international

organization which requests services, except that under special

circumstances, where the President determines it to be in the

national interest, he may extend the 5-year period for up to an

additional 3 years.

(c) An employee detailed under subsection (b) of this section is

deemed, for the purpose of preserving his allowances, privileges,

rights, seniority, and other benefits, an employee of the agency

from which detailed, and he is entitled to pay, allowances, and

benefits from funds available to that agency. The authorization

and payment of these allowances and other benefits from

appropriations available therefor is deemed to comply with section

5536 of this title.

(d) Details may be made under subsection (b) of this section -

(1) without reimbursement to the United States by the

international organization; or

(2) with agreement by the international organization to

reimburse the United States for all or part of the pay, travel

expenses, and allowances payable during the detail, and the

reimbursement shall be credited to the appropriation, fund, or

account used for paying the amounts reimbursed.

(e) An employee detailed under subsection (b) of this section may

be paid or reimbursed by an international organization for

allowances or expenses incurred in the performance of duties

required by the detail, without regard to section 209 of title 18.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 91-175, pt.

V, Sec. 502(a), Dec. 30, 1969, 83 Stat. 825.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 2331. Aug. 28, 1958, Pub.

L. 85-795, Sec. 2,

72 Stat. 959.

(b)-(e) 5 U.S.C. 2332. Aug. 28, 1958, Pub.

L. 85-795, Sec. 3,

72 Stat. 959.

-------------------------------

In subsection (a)(2), the words ''without a change of position

from the agency by which he is employed to an international

organization'' are substituted for ''without the employee's

transfer from the Federal agency by which he is employed'' to

eliminate the necessity of carrying into this section the

definition of ''transfer'' appearing in former section 2331(5).

In subsection (e), the words ''section 209 of title 18'' are

substituted for ''section 1914 of title 18'' on authority of the

Act of Oct. 23, 1962, Pub. L. 87-849, Sec. 2, 76 Stat. 1126.

Other definitions appearing in former section 2331 are omitted

from this section as inappropriate but are carried into section

3581.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1969 - Subsec. (b). Pub. L. 91-175 substituted ''5'' for ''3''

and inserted provision enabling President, regarding an agency

employee detailed to an international organization for 5 years, to

extend the 5-year period for up to an additional 3 years.

DETAILS TO INTERNATIONAL ORGANIZATIONS

For provisions concerning the providing for details of Federal

employees to international organizations and the delegation of

Presidential authority, concerning the extension of a detail under

this section, to the Secretary of State, see Ex. Ord. No. 11552,

Aug. 24, 1970, 35 F.R. 13569, set out as a note under section 3584

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3584 of this title; title

26 section 3121; title 42 section 410.

-CITE-

5 USC Sec. 3344 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-HEAD-

Sec. 3344. Details; administrative law judges

-STATUTE-

An agency as defined by section 551 of this title which

occasionally or temporarily is insufficiently staffed with

administrative law judges appointed under section 3105 of this

title may use administrative law judges selected by the Office of

Personnel Management from and with the consent of other agencies.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 95-251, Sec.

2(a)(1), (b)(2), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95-454, title

IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 1010 (4th June 11, 1946, ch.

sentence). 324, Sec. 11 (4th

sentence), 60 Stat.

244.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 substituted ''Office of Personnel

Management'' for ''Civil Service Commission''.

Pub. L. 95-251 substituted references to administrative law

judges for references to hearing examiners in section catchline and

wherever appearing in text.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 559, 1305 of this title;

title 15 sections 1541, 1715; title 29 section 661; title 30

section 823; title 31 section 3801; title 42 sections 2000e-4,

3608, 3787.

-CITE-

5 USC Sec. 3345 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-HEAD-

Sec. 3345. Acting officer

-STATUTE-

(a) If an officer of an Executive agency (including the Executive

Office of the President, and other than the General Accounting

Office) whose appointment to office is required to be made by the

President, by and with the advice and consent of the Senate, dies,

resigns, or is otherwise unable to perform the functions and duties

of the office -

(1) the first assistant to the office of such officer shall

perform the functions and duties of the office temporarily in an

acting capacity subject to the time limitations of section 3346;

(2) notwithstanding paragraph (1), the President (and only the

President) may direct a person who serves in an office for which

appointment is required to be made by the President, by and with

the advice and consent of the Senate, to perform the functions

and duties of the vacant office temporarily in an acting capacity

subject to the time limitations of section 3346; or

(3) notwithstanding paragraph (1), the President (and only the

President) may direct an officer or employee of such Executive

agency to perform the functions and duties of the vacant office

temporarily in an acting capacity, subject to the time

limitations of section 3346, if -

(A) during the 365-day period preceding the date of death,

resignation, or beginning of inability to serve of the

applicable officer, the officer or employee served in a

position in such agency for not less than 90 days; and

(B) the rate of pay for the position described under

subparagraph (A) is equal to or greater than the minimum rate

of pay payable for a position at GS-15 of the General Schedule.

(b)(1) Notwithstanding subsection (a)(1), a person may not serve

as an acting officer for an office under this section, if -

(A) during the 365-day period preceding the date of the death,

resignation, or beginning of inability to serve, such person -

(i) did not serve in the position of first assistant to the

office of such officer; or

(ii) served in the position of first assistant to the office

of such officer for less than 90 days; and

(B) the President submits a nomination of such person to the

Senate for appointment to such office.

(2) Paragraph (1) shall not apply to any person if -

(A) such person is serving as the first assistant to the office

of an officer described under subsection (a);

(B) the office of such first assistant is an office for which

appointment is required to be made by the President, by and with

the advice and consent of the Senate; and

(C) the Senate has approved the appointment of such person to

such office.

(c)(1) Notwithstanding subsection (a)(1), the President (and only

the President) may direct an officer who is nominated by the

President for reappointment for an additional term to the same

office in an Executive department without a break in service, to

continue to serve in that office subject to the time limitations in

section 3346, until such time as the Senate has acted to confirm or

reject the nomination, notwithstanding adjournment sine die.

(2) For purposes of this section and sections 3346, 3347, 3348,

3349, 3349a, and 3349d, the expiration of a term of office is an

inability to perform the functions and duties of such office.

-SOURCE-

(Added Pub. L. 105-277, div. C, title I, Sec. 151(b), Oct. 21,

1998, 112 Stat. 2681-611.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (a)(3)(B), is set

out under section 5332 of this title.

-MISC2-

PRIOR PROVISIONS

A prior section 3345, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

425; Pub. L. 100-398, Sec. 7(a)(1), (2), Aug. 17, 1988, 102 Stat.

988, provided for details to office of head of Executive agency or

military department, prior to repeal by Pub. L. 105-277, div. C,

title I, Sec. 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681-611,

2681-616, effective 30 days after Oct. 21, 1998.

EFFECTIVE DATE

Pub. L. 105-277, div. C, title I, Sec. 151(d), Oct. 21, 1998,

112 Stat. 2681-616, provided that:

''(1) Effective date. - Subject to paragraph (2), this section

(enacting this section and sections 3346 to 3349d of this title,

repealing former sections 3345 to 3349 of this title, and enacting

provisions set out as a note under section 3301 of this title) and

the amendments made by this section shall take effect 30 days after

the date of enactment of this section (Oct. 21, 1998).

''(2) Application. -

''(A) In general. - This section shall apply to any office that

becomes vacant after the effective date of this section.

''(B) Immediate application of time limitation. -

Notwithstanding subparagraph (A), for any office vacant on the

effective date of this section, the time limitations under

section 3346 of title 5, United States Code (as amended by this

section) shall apply to such office. Such time limitations shall

apply as though such office first became vacant on the effective

date of this section.

''(C) Certain nominations. - If the President submits to the

Senate the nomination of any person after the effective date of

this section for an office for which such person had been

nominated before such date, the next nomination of such person

after such date shall be considered a first nomination of such

person to that office for purposes of sections 3345 through 3349

and section 3349d of title 5, United States Code (as amended by

this section).''

ORDER OF SUCCESSION WITHIN DEPARTMENT OF HOMELAND SECURITY

For order of succession within the Department of Homeland

Security, see Ex. Ord. No. 13286, Sec. 88, Feb. 28, 2003, 68 F.R.

10632, set out as a note under section 111 of Title 6, Domestic

Security.

-EXEC-

EXECUTIVE ORDER NO. 10513

Ex. Ord. No. 10513, Jan. 19, 1954, 19 F.R. 369, which designated

certain officers of the Department of Labor to act as Secretary of

Labor during any period of unavailability of both the Secretary and

the Deputy Secretary of Labor, was revoked by Ex. Ord. No. 13245,

Sec. 4, Dec. 8, 2001, 66 F.R. 66269, set out below.

EXECUTIVE ORDER NO. 11274

Ex. Ord. No. 11274, Mar. 30, 1966, 31 F.R. 5243, as amended by

Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 112(c)), Nov. 5,

1990, 104 Stat. 1427, 1454, which designated certain officers of

the Department of Housing and Urban Development to act as Secretary

of Housing and Urban Development during any period of

unavailability of the Secretary, was revoked by Ex. Ord. No. 13243,

Sec. 4, Dec. 18, 2001, 66 F.R. 66263, set out below.

EXECUTIVE ORDER NO. 11487

Ex. Ord. No. 11487, Oct. 6, 1969, 34 F.R. 15593, as amended by

Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 112(c)), Nov. 5,

1990, 104 Stat. 1427, 1454, which designated certain officers of

the Department of the Interior to act as Secretary of the Interior

during any period of unavailability of both the Secretary and the

Deputy Secretary of the Interior, was revoked by Ex. Ord. No.

13244, Sec. 4, Dec. 18, 2001, 66 F.R. 66267, set out below.

EXECUTIVE ORDER NO. 11822

Ex. Ord. No. 11822, Dec. 10, 1974, 39 F.R. 43275, which

designated certain officers of the Department of the Treasury to

act as Secretary of the Treasury during any period of

unavailability of both the Secretary and the Deputy Secretary of

the Treasury, was revoked by Ex. Ord. No. 13246, Sec. 4, Dec. 18,

2001, 66 F.R. 66270, set out below.

EXECUTIVE ORDER NO. 11880

Ex. Ord. No. 11880, Oct. 2, 1975, 40 F.R. 46089, as amended by

Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No.

12998, Apr. 5, 1996, 61 F.R. 15873, which designated certain

officers of the Department of Commerce to act as Secretary of

Commerce during any period of unavailability of both the Secretary

and the Deputy Secretary of Commerce, was revoked by Ex. Ord. No.

13242, Sec. 4, Dec. 18, 2001, 66 F.R. 66261, set out below.

EXECUTIVE ORDER NO. 11957

Ex. Ord. No. 11957, Jan. 13, 1977, 42 F.R. 3295, which designated

certain officers of the Department of Agriculture to act as

Secretary of Agriculture during any period of unavailability of

both the Secretary and the Deputy Secretary of Agriculture, was

revoked by Ex. Ord. No. 13241, Sec. 4, Dec. 18, 2001, 66 F.R.

66259, set out below.

EXECUTIVE ORDER NO. 12343

Ex. Ord. No. 12343, Jan. 27, 1982, 47 F.R. 4225, which designated

certain officers of the Department of State to act as Secretary of

State during any period of unavailability of both the Secretary and

the Deputy Secretary of State, was revoked by Ex. Ord. No. 13251,

Sec. 4, Dec. 28, 2001, 67 F.R. 1599, set out below.

EX. ORD. NO. 12879. ORDER OF SUCCESSION OF OFFICERS TO ACT AS

SECRETARY OF THE NAVY

Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including (former)

section 3347 of title 5, United States Code, it is hereby ordered

as follows:

Section 1. Succession to the Authority of the Secretary of the

Navy.

(a) In the event of the death, permanent disability, or

resignation of the Secretary of the Navy, the incumbents holding

the positions designated below, in the order indicated, shall act

for and exercise the powers of the Secretary of the Navy:

(1) The Under Secretary of the Navy.

(2) The Assistant Secretaries and General Counsel of the Navy, in

the order fixed by their length of services as permanent appointees

in such positions.

(3) The Chief of Naval Operations.

(4) The Commandant of the Marine Corps.

(b) In the event of the temporary absence or temporary disability

of the Secretary of the Navy, the incumbents holding the Department

of the Navy positions designated in paragraph (a) of this section,

in the order indicated, shall act for and exercise the powers of

the Secretary of the Navy.

(1) In these instances, the designation of an Acting Secretary of

the Navy applies only for the duration of the Secretary's absence

or disability, and does not affect the authority of the Secretary

to resume the powers of his office upon his return.

(2) In the event that the Secretary of the Navy is merely absent

from this position, the Secretary of the Navy may continue to

exercise the powers and fulfill the duties of his office during his

absence, notwithstanding the provisions of this order.

(c) Precedence among those officers designated in paragraph (a)

of this section who have the same date of appointment shall be

determined by the Secretary of the Navy at the time that such

appointments are made.

(d) Notwithstanding paragraph (a) and (b) of this section, an

officer shall not act for or exercise the powers of the Secretary

of the Navy under this order if that officer serves only in an

acting capacity in the position that would otherwise entitle him to

do so.

Sec. 2. Temporary Nature of Succession. Succession to act for and

exercise the powers of the Secretary of the Navy pursuant to this

order shall be on a temporary or interim basis and shall not have

the effect of vacating the statutory appointment held by the

successor. William J. Clinton.

EX. ORD. NO. 12908. ORDER OF SUCCESSION OF OFFICERS TO ACT AS

SECRETARY OF THE ARMY

Ex. Ord. No. 12908, Apr. 22, 1994, 59 F.R. 21907, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including (former)

section 3347 of title 5, United States Code, it is hereby ordered

as follows:

Section 1. Succession To Act as the Secretary of the Army.

(a) In the event of the death, permanent disability, or

resignation of the Secretary of the Army, the incumbents holding

the positions designated below, in the order indicated, shall act

for and exercise the powers of the Secretary of the Army:

(1) The Under Secretary of the Army.

(2) The Assistant Secretaries and General Counsel of the Army,

in the order fixed by their length of service as permanent

appointees in such positions.

(3) The Chief of Staff of the Army.

(b) In the event of the absence or temporary disability of the

Secretary of the Army, the incumbents holding the Department of the

Army positions designated in paragraph (a) of this section, in the

order indicated, shall act for and exercise the powers of the

Secretary of the Army.

(1) The designation of an Acting Secretary of the Army under

this subsection applies only for the duration of the Secretary's

absence or disability, and does not affect the authority of the

Secretary to resume the powers of the Secretary's office.

(2) When the Secretary of the Army is temporarily absent from

the position, the Secretary of the Army may continue to exercise

the powers and fulfill the duties of his office during his

absence, notwithstanding the provisions of this order.

(c) Precedence among those officers designated in paragraph (a)

of this section who have the same date of appointment shall be

determined by the Secretary of the Army at the time that such

appointments are made.

(d) Notwithstanding paragraphs (a) and (b) of this section, an

officer shall not act for or exercise the powers of the Secretary

of the Army under this order if that officer serves only in an

acting capacity in the position that would otherwise entitle him to

do so.

Sec. 2. Temporary Nature of Succession. Succession to act for and

exercise the powers of the Secretary of the Army pursuant to this

order shall be on a temporary or interim basis and shall not have

the effect of vacating the statutory appointment held by the

successor. William J. Clinton.

EX. ORD. NO. 12909. ORDER OF SUCCESSION OF OFFICERS TO ACT AS

SECRETARY OF THE AIR FORCE

Ex. Ord. No. 12909, Apr. 22, 1994, 59 F.R. 21909, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including (former)

section 3347 of title 5, United States Code, it is hereby ordered

as follows:

Section 1. Succession To Act as the Secretary of the Air Force.

(a) In the event of the death, permanent disability, or

resignation of the Secretary of the Air Force, the incumbents

holding the positions designated below, in the order indicated,

shall act for and exercise the powers of the Secretary of the Air

Force:

(1) The Under Secretary of the Air Force.

(2) The Assistant Secretaries and General Counsel of the Air

Force, in the order fixed by their length of service as permanent

appointees in such positions.

(3) The Chief of Staff of the Air Force.

(b) In the event of the absence or temporary disability of the

Secretary of the Air Force, the incumbents holding the Department

of the Air Force positions designated in paragraph (a) of this

section, in the order indicated, shall act for and exercise the

powers of the Secretary of the Air Force.

(1) The designation of an Acting Secretary of the Air Force

applies only for the duration of the Secretary's absence or

disability, and does not affect the authority of the Secretary to

resume the powers of the Secretary's office.

(2) In the event that the Secretary of the Air Force is

temporarily absent from the position, the Secretary of the Air

Force may continue to exercise the powers and fulfill the duties

of his office during the absence, notwithstanding the provisions

of this order.

(c) Precedence among those officers designated in paragraph (a)

of this section who have the same date of appointment shall be

determined by the Secretary of the Air Force at the time that such

appointments are made.

(d) Notwithstanding paragraphs (a) and (b) of this section, an

officer shall not act for or exercise the powers of the Secretary

of the Air Force under this order if that officer serves only in an

acting capacity in the position that would otherwise entitle him to

do so.

Sec. 2. Temporary Nature of Succession. Succession to act for and

exercise the powers of the Secretary of the Air Force pursuant to

this order shall be on a temporary or interim basis and shall not

have the effect of vacating the statutory appointment held by the

successor. William J. Clinton.

EX. ORD. NO. 13000. ORDER OF SUCCESSION OF OFFICERS TO ACT AS

SECRETARY OF DEFENSE

Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 18483, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including (former)

section 3347 of title 5, United States Code, it is hereby ordered

as follows:

Section 1. Succession to Act as the Secretary of Defense. (a) In

the event of the death, permanent disability, or resignation of the

Secretary of Defense, the incumbents holding the Department of

Defense positions designated below, in the order indicated, shall

act for and exercise the powers of the Secretary of Defense as

Acting Secretary of Defense:

(1) Deputy Secretary of Defense.

(2) Secretary of the Army.

(3) Secretary of the Navy.

(4) Secretary of the Air Force.

(5) Under Secretary of Defense for Acquisition and Technology

(now Under Secretary of Defense for Acquisition, Technology, and

Logistics).

(6) Under Secretary of Defense for Policy.

(7) Under Secretary of Defense (Comptroller).

(8) Under Secretary of Defense for Personnel and Readiness.

(9) Deputy Under Secretary of Defense for Acquisition and

Technology.

(10) Deputy Under Secretary of Defense for Policy.

(11) Director of Defense Research and Engineering.

(12) The Assistant Secretaries of Defense, the Director of

Operational Test and Evaluation, and the General Counsel of the

Department of Defense, in the order fixed by their length of

service as permanent appointees in such positions.

(13) Under Secretaries of the Army, the Navy, and the Air Force,

in the order fixed by their length of service as permanent

appointees in such positions.

(14) Assistant Secretaries of the Army, the Navy, and the Air

Force whose appointments are vested in the President, and General

Counsels of the Army, the Navy, and the Air Force, in the order

fixed by their length of service as permanent appointees in such

positions.

(b) In the event of the temporary absence or temporary disability

of the Secretary of Defense, the incumbents holding the Department

of Defense positions designated in paragraph (a) of this section,

in the order indicated, shall act for and exercise the powers of

the Secretary of Defense as Acting Secretary of Defense.

(1) In these instances, the designation of an Acting Secretary of

Defense applies only for the duration of the Secretary's absence or

disability, and does not affect the authority of the Secretary to

resume the powers of his office upon his return.

(2) In the event that the Secretary of Defense is temporarily

absent from his position, the Secretary may continue to exercise

the powers and fulfill the duties of this office during his

absence, notwithstanding the provisions of this order.

(c) Precedence among those officers designated in paragraphs

(a)(12)-(14) of this section who have the same appointment date

shall be determined by the Secretary of Defense at the time that

such appointments are made.

(d) Notwithstanding paragraphs (a) and (b) of this section, an

officer shall not act for or exercise the powers of the Secretary

of Defense under this order if that officer serves only in an

acting capacity in the position that would otherwise entitle him to

do so.

Sec. 2. Temporary Nature of Succession. Succession to act for and

exercise the powers of the Secretary of Defense pursuant to this

order shall be on a temporary or interim basis and shall not have

the effect of vacating the statutory appointment held by the

successor.

Sec. 3. Revocation of Prior Executive Order. Executive Order No.

12787 of December 31, 1991, is hereby revoked.

William J. Clinton.

EX. ORD. NO. 13241. PROVIDING AN ORDER OF SUCCESSION WITHIN THE

DEPARTMENT OF AGRICULTURE

Ex. Ord. No. 13241, Dec. 18, 2001, 66 F.R. 66258, as amended by

Ex. Ord. No. 13261, Sec. 4(a), Mar. 19, 2002, 67 F.R. 13243,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including Subchapter

III of Chapter 33 of title 5 of the United States Code, it is

hereby ordered that:

Section 1. Subject to the provisions of section 3 of this

Executive Order, the officers named in section 2, in the order

listed, shall act as and perform the functions and duties of the

office of Secretary of Agriculture (Secretary) during any period

when both the Secretary and the Deputy Secretary of Agriculture

(Deputy Secretary) have died, resigned, or are otherwise unable to

perform the functions and duties of the office of Secretary.

Sec. 2. Order of Succession.

(a) Under Secretary of Agriculture for Farm and Foreign

Agricultural Services;

(b) Under Secretary of Agriculture for Marketing and Regulatory

Programs;

(c) Under Secretary of Agriculture for Rural Development;

(d) Under Secretary of Agriculture for Food, Nutrition, and

Consumer Services;

(e) Under Secretary of Agriculture for Natural Resources and

Environment;

(f) Under Secretary of Agriculture for Research, Education, and

Economics;

(g) Under Secretary of Agriculture for Food Safety;

(h) General Counsel of the Department of Agriculture;

(i) Assistant Secretary of Agriculture for Administration; and

(j) Assistant Secretary of Agriculture for Congressional

Relations.

Sec. 3. Exceptions.

(a) No individual who is serving in an office listed in section

2(a)-(j) in an acting capacity shall, by virtue of so serving, act

as Secretary pursuant to this order.

(b) Notwithstanding the provisions of this Executive Order, the

President retains discretion, to the extent permitted by Subchapter

III of Chapter 33 of title 5 of the United States Code, to depart

from this Executive Order in designating an acting Secretary.

Sec. 4. Executive Order 11957 of January 13, 1977, is hereby

revoked. George W. Bush.

EX. ORD. NO. 13242. PROVIDING AN ORDER OF SUCCESSION WITHIN THE

DEPARTMENT OF COMMERCE

Ex. Ord. No. 13242, Dec. 18, 2001, 66 F.R. 66260, as amended by

Ex. Ord. No. 13261, Sec. 4(b), Mar. 19, 2002, 67 F.R. 13243,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including Subchapter

III of Chapter 33 of title 5 of the United States Code, it is

hereby ordered that:

Section 1. Subject to the provisions of section 3 of this

Executive Order, the officers named in section 2, in the order

listed, shall act as and perform the functions and duties of the

office of Secretary of Commerce (Secretary) during any period when

both the Secretary and the Deputy Secretary of Commerce (Deputy

Secretary) have died, resigned, or are otherwise unable to perform

the functions and duties of the office of Secretary.

Sec. 2. Order of Succession.

(a) General Counsel of the Department of Commerce;

(b) Under Secretary of Commerce for International Trade;

(c) Under Secretary of Commerce for Economic Affairs;

(d) Under Secretary of Commerce for Oceans and Atmosphere and

Administrator of the National Oceanic and Atmospheric

Administration;

(e) Under Secretary of Commerce for Technology;

(f) Under Secretary of Commerce for Export Administration;

(g) Chief Financial Officer of the Department of Commerce and

Assistant Secretary of Commerce in charge of Administration; and

(h) Assistant Secretary of Commerce in charge of Legislative and

Intergovernmental Affairs.

Sec. 3. Exceptions.

(a) No individual who is serving in an office listed in section

2(a)-(h) in an acting capacity shall, by virtue of so serving, act

as Secretary pursuant to this order.

(b) Notwithstanding the provisions of this Executive Order, the

President retains discretion, to the extent permitted by Subchapter

III of Chapter 33 of title 5 of the United States Code, to depart

from this Executive Order in designating an acting Secretary.

Sec. 4. Executive Order 11880 of October 2, 1975, Executive Order

12998 of April 5, 1996, and section 26 of Executive Order 12608 of

September 9, 1987, are hereby revoked. George W. Bush.

EX. ORD. NO. 13243. PROVIDING AN ORDER OF SUCCESSION WITHIN THE

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Ex. Ord. No. 13243, Dec. 18, 2001, 66 F.R. 66262, as amended by

Ex. Ord. No. 13261, Sec. 4(c), Mar. 19, 2002, 67 F.R. 13244,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including Subchapter

III of Chapter 33 of title 5 of the United States Code, it is

hereby ordered that:

Section 1. Subject to the provisions of section 3 of this

Executive Order, the officers named in section 2, in the order

listed, shall act as and perform the functions and duties of the

office of Secretary of Housing and Urban Development (Secretary)

during any period when both the Secretary and the Deputy Secretary

of Housing and Urban Development (Deputy Secretary) have died,

resigned, or are otherwise unable to perform the functions and

duties of the office of Secretary.

Sec. 2. Order of Succession.

(a) General Counsel of the Department of Housing and Urban

Development;

(b) Assistant Secretary of Housing and Urban Development in

charge of Housing-Federal Housing Commission;

(c) Assistant Secretary of Housing and Urban Development in

charge of Community, Planning and Development;

(d) Assistant Secretary of Housing and Urban Development in

charge of Public and Indian Housing;

(e) Assistant Secretary of Housing and Urban Development in

charge of Policy Development and Research;

(f) Assistant Secretary of Housing and Urban Development in

charge of Fair Housing and Equal Opportunity;

(g) Assistant Secretary of Housing and Urban Development in

charge of Congressional and Intergovernmental Relations;

(h) Assistant Secretary of Housing and Urban Development in

charge of Administration; and

(i) Assistant Secretary of Housing and Urban Development in

charge of Public Affairs.

Sec. 3. Exceptions.

(a) No individual who is serving in an office listed in section

2(a)-(i) in an acting capacity shall, by virtue of so serving, act

as Secretary pursuant to this order.

(b) Notwithstanding the provisions of this Executive Order, the

President retains discretion, to the extent permitted by Subchapter

III of Chapter 33 of title 5 of the United States Code, to depart

from this Executive Order in designating an acting Secretary.

Sec. 4. Executive Order 11274 of March 30, 1996, is hereby

revoked. George W. Bush.

EX. ORD. NO. 13244. PROVIDING AN ORDER OF SUCCESSION WITHIN THE

DEPARTMENT OF THE INTERIOR

Ex. Ord. No. 13244, Dec. 18, 2001, 66 F.R. 66267, as amended by

Ex. Ord. No. 13261, Sec. 4(d), Mar. 19, 2002, 67 F.R. 13244,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including Subchapter

III of Chapter 33 of title 5 of the United States Code, it is

hereby ordered that:

Section 1. Subject to the provisions of section 3 of this

Executive Order, the officers named in section 2, in the order

listed, shall act as and perform the functions and duties of the

office of Secretary of the Interior (Secretary) during any period

when both the Secretary and the Deputy Secretary of the Interior

(Deputy Secretary) have died, resigned, or are otherwise unable to

perform the functions and duties of the office of Secretary.

Sec. 2. Order of Succession.

(a) Solicitor of the Department of the Interior;

(b) Assistant Secretary of the Interior in charge of Policy,

Management and Budget;

(c) Assistant Secretary of the Interior in charge of Land and

Minerals Management;

(d) Assistant Secretary of the Interior in charge of Water and

Science;

(e) Assistant Secretary of the Interior for Fish and Wildlife and

Parks; and

(f) Assistant Secretary of the Interior for Indian Affairs.

Sec. 3. Exceptions.

(a) No individual who is serving in an office listed in section

2(a)-(f) in an acting capacity shall, by virtue of so serving, act

as Secretary pursuant to this order.

(b) Notwithstanding the provisions of this Executive Order, the

President retains discretion, to the extent permitted by Subchapter

III of Chapter 33 of title 5 of the United States Code, to depart

from this Executive Order in designating an acting Secretary.

Sec. 4. Executive Order 11487 of October 6, 1969, is hereby

revoked. George W. Bush.

EX. ORD. NO. 13245. PROVIDING AN ORDER OF SUCCESSION WITHIN THE

DEPARTMENT OF LABOR

Ex. Ord. No. 13245, Dec. 18, 2001, 66 F.R. 66268, as amended by

Ex. Ord. No. 13261, Sec. 4(e), Mar. 19, 2002, 67 F.R. 13244,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including Subchapter

III of Chapter 33 of title 5 of the United States Code, it is

hereby ordered that:

Section 1. Subject to the provisions of section 3 of this

Executive Order, the officers named in section 2, in the order

listed, shall act as and perform the functions and duties of the

office of Secretary of Labor (Secretary) during any period when

both the Secretary and the Deputy Secretary of Labor (Deputy

Secretary) have died, resigned, or are otherwise unable to perform

the functions and duties of the office of Secretary.

Sec. 2. Order of Succession.

(a) Solicitor of Labor;

(b) Assistant Secretary of Labor in charge of Administration and

Management;

(c) Assistant Secretary of Labor in charge of Policy;

(d) Assistant Secretary of Labor in charge of Congressional and

Intergovernmental Affairs;

(e) Assistant Secretary of Labor in charge of the Employment and

Training Administration;

(f) Assistant Secretary of Labor in charge of the Employment

Standards Administration;

(g) Assistant Secretary of Labor in charge of the Pension and

Welfare Benefits Administration;

(h) Assistant Secretary of Labor for Occupational Safety and

Health;

(i) Assistant Secretary of Labor for Mine Safety and Health;

(j) Assistant Secretary of Labor in charge of the Office of

Public Affairs;

(k) Assistant Secretary of Labor for Veterans' Employment and

Training; and

(l) Assistant Secretary of Labor in charge of the Office of

Disability Employment Policy.

Sec. 3. Exceptions.

(a) No individual who is serving in an office listed in section

2(a)-(l) in an acting capacity shall, by virtue of so serving, act

as Secretary pursuant to this order.

(b) Notwithstanding the provisions of this Executive Order, the

President retains discretion, to the extent permitted by Subchapter

III of Chapter 33 of title 5 of the United States Code, to depart

from this Executive Order in designating an acting Secretary.

Sec. 4. Executive Order 10513 of January 19, 1954, is hereby

revoked. George W. Bush.

EX. ORD. NO. 13246. PROVIDING AN ORDER OF SUCCESSION WITHIN THE

DEPARTMENT OF THE TREASURY

Ex. Ord. No. 13246, Dec. 18, 2001, 66 F.R. 66270, as amended by

Ex. Ord. No. 13261, Sec. 4(f), Mar. 19, 2002, 67 F.R. 13244,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including Subchapter

III of Chapter 33 of title 5 of the United States Code, it is

hereby ordered that:

Section 1. Subject to the provisions of section 3 of this

Executive Order, the officers named in section 2, in the order

listed, shall act as and perform the functions and duties of the

office of Secretary of the Treasury (Secretary) during any period

when both the Secretary and the Deputy Secretary of the Treasury

(Deputy Secretary) have died, resigned, or are otherwise unable to

perform the functions and duties of the office of Secretary.

Sec. 2. Order of Succession.

(a) Under Secretaries of the Treasury (including the Under

Secretary of the Treasury for Enforcement), in the order in which

they shall have taken the oath of office as such officers;

(b) General Counsel of the Department of the Treasury; and

(c) Deputy Under Secretaries of the Treasury and those Assistant

Secretaries of the Treasury appointed by the President by and with

the consent of the Senate, in the order in which they shall have

taken the oath of office as such officers.

Sec. 3. Exceptions.

(a) No individual who is serving in an office listed in section

2(a)-(c) in an acting capacity shall, by virtue of so serving, act

as Secretary pursuant to this order.

(b) Notwithstanding the provisions of this Executive Order, the

President retains discretion, to the extent permitted by Subchapter

III of Chapter 33 of title 5 of the United States Code, to depart

from this Executive Order in designating an acting Secretary.

Sec. 4. Executive Order 11822 of December 10, 1974, is hereby

revoked. George W. Bush.

EX. ORD. NO. 13247. PROVIDING AN ORDER OF SUCCESSION WITHIN THE

DEPARTMENT OF VETERANS AFFAIRS

Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, as amended by

Ex. Ord. No. 13261, Sec. 4(g), Mar. 19, 2002, 67 F.R. 13244,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including Subchapter

III of Chapter 33 of title 5 of the United States Code, it is

hereby ordered that:

Sec. 1. Subject to the provisions of section 3 of this Executive

Order, the officers named in section 2, in the order listed, shall

act as and perform the functions and duties of the office of

Secretary of Veterans Affairs (Secretary) during any period when

both the Secretary and the Deputy Secretary of Veterans Affairs

(Deputy Secretary) have died, resigned, or are otherwise unable to

perform the functions and duties of the office of Secretary.

Sec. 2. Order of Succession.

(a) Under Secretary of Veterans Affairs for Health;

(b) Under Secretary of Veterans Affairs for Benefits;

(c) Under Secretary of Veterans Affairs for Memorial Affairs;

(d) General Counsel of the Department of Veterans Affairs;

(e) Assistant Secretaries of Veterans Affairs, in the order in

which they shall have taken the oath of office as Assistant

Secretaries, other than the Chief Financial Officer and, if an

Assistant Secretary, the Chief Information Officer;

(f) Chief Information Officer of the Department of Veterans

Affairs, if the Chief Information Officer is an officer appointed

by the President by and with the consent of the Senate;

(g) Chief Financial Officer of the Department of Veterans

Affairs; and

(h) Chairman, Board of Veterans' Appeals.

Sec. 3. Exceptions.

(a) No individual who is serving in an office listed in section

2(a)-(h) in an acting capacity shall, by virtue of so serving, act

as Secretary pursuant to this order.

(b) Notwithstanding the provisions of this Executive Order, the

President retains discretion, to the extent permitted by Subchapter

III of Chapter 33 of title 5 of the United States Code, to depart

from this Executive Order in designating an acting Secretary.

George W. Bush.

EX. ORD. NO. 13250. PROVIDING AN ORDER OF SUCCESSION WITHIN THE

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Ex. Ord. No. 13250, Dec. 28, 2001, 67 F.R. 1597, as amended by

Ex. Ord. No. 13261, Sec. 4(h), Mar. 19, 2002, 67 F.R. 13244,

provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the Federal

Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby

ordered that:

Section 1. Subject to the provisions of section 3 of this order,

the officers named in section 2, in the order listed, shall act as

and perform the functions and duties of the Office of the Secretary

of Health and Human Services (Secretary) during any period when

both the Secretary and the Deputy Secretary of Health and Human

Services (Deputy Secretary) have died, resigned, or become

otherwise unable to perform the functions and duties of the office

of Secretary.

Sec. 2. Order of Succession.

(a) The Assistant Secretaries of Health and Human Services

appointed by the President and confirmed by the Senate, in the

order in which they shall have taken the oath of office as such;

(b) The General Counsel of the Department of Health and Human

Services; and

(c) Other officers within the Department of Health and Human

Services who have been appointed by the President by and with the

consent of the Senate, in the order in which they shall have taken

the oath of office as such.

Sec. 3. Exceptions.

(a) No individual who is serving in an office listed in section

2(a)-(c) in an acting capacity shall, by virtue of so serving, act

as Secretary pursuant to this order.

(b) Notwithstanding the provisions of this order, the President

retains discretion, to the extent permitted by the Federal

Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to depart from

this order in designating an acting Secretary. George W. Bush.

EX. ORD. NO. 13251. PROVIDING AN ORDER OF SUCCESSION WITHIN THE

DEPARTMENT OF STATE

Ex. Ord. No. 13251, Dec. 28, 2001, 67 F.R. 1599, as amended by

Ex. Ord. No. 13261, Sec. 4(i), Mar. 19, 2002, 67 F.R. 13244,

provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the Federal

Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby

ordered that:

Section 1. Subject to the provisions of section 3 of this order,

the officers named in section 2, in the order listed, shall act as,

and perform the duties of, the office of Secretary of State

(Secretary) during any period in which the Secretary has died,

resigned, or otherwise become unable to perform the functions and

duties of the office of Secretary.

Sec. 2. Order of Succession.

(a) Deputy Secretary of State;

(b) Deputy Secretary of State for Management and Resources;

(c) Under Secretary of State designated for political affairs

pursuant to section 2651a(b) of title 22, United States Code;

(d) Under Secretary of State designated for management affairs

pursuant to section 2651a(b) of title 22, United States Code;

(e) The remaining Under Secretaries of State, in the order in

which they shall have taken the oath of office as such;

(f) Assistant Secretaries of State designated for regional

bureaus pursuant to section 2651a(c) of title 22, United States

Code, in the order in which they shall have taken the oath of

office as such;

(g) The following officers, in the order in which they shall have

taken the oath of office as such:

(1) Remaining Assistant Secretaries of State;

(2) Coordinator for Counterterrorism;

(3) Director General of the Foreign Service; and

(4) Legal Adviser;

(h) United States Representative to the United Nations (New

York);

(i) Deputy United States Representative to the United Nations

(New York);

(j) The following other United States Representatives to the

United Nations (New York), in the order in which they shall have

taken the oath of office as such:

(1) United States Representative to the United Nations for

United Nations Management and Reform;

(2) United States Representative to the United Nations on the

Economic and Social Council of the United Nations; and

(3) Alternate United States Representative to the United

Nations for Special Political Affairs in the United Nations;

(k) The following Chiefs of Mission, in the order listed:

(1) United States Ambassador to the United Kingdom;

(2) United States Ambassador to Canada;

(3) United States Ambassador to Australia;

(4) United States Ambassador to Mexico;

(5) United States Ambassador to Japan; and

(6) United States Ambassador to India;

(l) The following officers, in the order in which they shall have

taken the oath of office as such:

(1) United States Ambassadors at Large;

(2) Counselor; and

(3) Special Representatives of the President; and

(m) The remaining Chiefs of Mission, in the order in which they

shall have taken the oath of office as such.

Sec. 3. Exceptions.

(a) No individual who has not been appointed by the President by

and with the consent of the Senate shall act as Secretary pursuant

to this order.

(b) No individual who is serving in an office listed in section

2(a)-(m) in an acting capacity shall, by virtue of so serving, act

as Secretary pursuant to this order.

(c) Notwithstanding the provisions of this order, the President

retains discretion, to the extent permitted by the Federal

Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to depart from

this order in designating an acting Secretary.

(d) A successor office, intended to be the equivalent of an

office identified in section 2 of this order, shall be deemed to be

the position identified in section 2 for purposes of this order.

Sec. 4. Executive Order 12343 of January 27, 1982, is hereby

revoked. George W. Bush.

EX. ORD. NO. 13261. PROVIDING AN ORDER OF SUCCESSION IN THE

ENVIRONMENTAL PROTECTION AGENCY AND AMENDING CERTAIN ORDERS ON

SUCCESSION

Ex. Ord. No. 13261, Mar. 19, 2002, 67 F.R. 13243, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Federal

Vacancies Reform Act of 1998, 5 U.S.C. 3345, et seq., it is hereby

ordered that:

Section 1. Subject to the provisions of section 3 of this order,

the officers named in section 2, in the order listed, shall act as

and perform the functions and duties of the office of the

Administrator of the Environmental Protection Agency

(Administrator) during any period when both the Administrator and

the Deputy Administrator of the Environmental Protection Agency

have died, resigned, or become otherwise unable to perform the

functions and duties of the office of Administrator.

Sec. 2. Order of Succession.

(a) Assistant Administrator for Toxic Substances;

(b) Assistant Administrator (Air and Radiation);

(c) Assistant Administrator, Office of Solid Waste;

(d) Assistant Administrator (Water Programs);

(e) Assistant Administrator (General Counsel);

(f) Assistant Administrator (Enforcement and Compliance

Assurance);

(g) Chief Financial Officer;

(h) Assistant Administrator (Research and Development);

(i) Assistant Administrator (International Activities);

(j) Assistant Administrator (Administration and Resources

Management); and

(k) Assistant Administrator (Environmental Information).

Sec. 3. Exceptions.

(a) No individual who is serving in an office listed in section

2(a)-(k) in an acting capacity, by virtue of so serving, shall act

as Administrator pursuant to this order.

(b) Notwithstanding the provisions of this order, the President

retains discretion, to the extent permitted by the Federal

Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to depart from

this order in designating an acting Administrator.

Sec. 4. Amendments to Certain Executive Orders providing Orders

of Succession. Executive Orders 13241, 13242, 13243, 13244, 13245,

13246, and 13247 of December 18, 2001, and Executive Orders 13250

and 13251 of December 28, 2001, are hereby amended as follows:

(a) (Amended Ex. Ord. No. 13241, set out above;)

(b) (Amended Ex. Ord. No. 13242, set out above;)

(c) (Amended Ex. Ord. No. 13243, set out above;)

(d) (Amended Ex. Ord. No. 13244, set out above;)

(e) (Amended Ex. Ord. No. 13245, set out above;)

(f) (Amended Ex. Ord. No. 13246, set out above;)

(g) (Amended Ex. Ord. No. 13247, set out above;)

(h) (Amended Ex. Ord. No. 13250, set out above; and)

(i) (Amended Ex. Ord. No. 13251, set out above.)

George W. Bush.

DESIGNATION OF OFFICERS OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY

TO ACT AS DIRECTOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY

Memorandum of President of the United States, Nov. 26, 2002, 67

F.R. 79513, provided:

Memorandum for the Director of the Federal Emergency Management

Agency

By the authority vested in me as President under the Constitution

and laws of the United States of America and pursuant to the

Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., I

hereby order that:

Section 1. Order of Succession.

During any period when both the Director of the Federal Emergency

Management Agency (Director) and the Deputy Director of the Federal

Emergency Management Agency (Deputy Director) have died, resigned,

or otherwise become unable to perform the functions and duties of

the office of Director, the following officers of the Federal

Emergency Management Agency, in the order listed, shall perform the

functions and duties of the office of Director, if they are

eligible to act as Director under the provisions of the Federal

Vacancies Reform Act of 1998, until such time as the Director or

Deputy Director is able to perform the functions and duties of the

office of Director:

Administrator of the United States Fire Administration;

Administrator of the Federal Insurance and Mitigation

Administration;

Assistant Director, Administration and Resource Planning

Directorate; and

Regional Director, Region IV.

Section 2. Exceptions.

(a) No individual who is serving in an office listed in section 1

in an acting capacity, by virtue of so serving, shall act as

Director pursuant to this memorandum.

(b) Not withstanding the provisions of this memorandum, the

President retains discretion, to the extent permitted by the

Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345-3349d, to

depart from this order in designating an acting Director.

Section 3. Termination.

This memorandum shall terminate immediately upon the transfer of

the authorities, functions, personnel, and assets of the Federal

Emergency Management Agency to the Department of Homeland Security.

Section 4. Publication.

The Director is authorized and directed to publish this

memorandum in the Federal Register. George W. Bush.

(For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.)

DESIGNATION OF OFFICERS OF THE DEPARTMENT OF VETERANS AFFAIRS TO

ACT AS SECRETARY OF VETERANS AFFAIRS

Memorandum of President of the United States, Feb. 12, 2003, 68

F.R. 10141, provided:

Memorandum for the Secretary of Veterans Affairs

By the authority vested in me as President under the Constitution

and laws of the United States of America and pursuant to the

Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., I

hereby order that:

Section 1.Order of Succession.

During any period when the Secretary of Veterans Affairs

(Secretary), the Deputy Secretary of Veterans Affairs (Deputy

Secretary), and the officers designated by Executive Order 13247 of

December 18, 2001 (set out above), to perform the functions and

duties of the office of Secretary have died, resigned, or otherwise

become unable to perform the functions and duties of the office of

Secretary, the following officers of the Department of Veterans

Affairs, in the order listed, shall perform the functions and

duties of the office of Secretary, if they are eligible to act as

Secretary under the provisions of the Federal Vacancies Reform Act

of 1998, until such time as at least one of the officers mentioned

above is able to perform the functions and duties of the office of

Secretary:

Veterans Integrated Service Network (VISN) 8 Director, Veterans

Health Administration;

VISN 7 Director, Veterans Health Administration;

Veterans Benefits Administration Southern Area Director; and

North Florida/South Georgia Healthcare System Director.

Sec. 2. Exceptions.

(a) No individual who is serving in an office listed in section 1

in an acting capacity, by virtue of so serving, shall act as

Secretary pursuant to this memorandum.

(b) Notwithstanding the provisions of this memorandum, the

President retains discretion, to the extent permitted by the

Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to

depart from this memorandum in designating an acting Secretary.

Sec. 3. Publication.

You are authorized and directed to publish this memorandum in the

Federal Register. George W. Bush.

DESIGNATION OF OFFICERS OF THE OFFICE OF PERSONNEL MANAGEMENT TO

ACT AS DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT

Memorandum of President of the United States, Mar. 11, 2003, 68

F.R. 12281, provided:

Memorandum for the Director of the Office of Personnel Management

By the authority vested in me as President under the Constitution

and laws of the United States of America and pursuant to the

Federal Vacancies Reform Act of 1998, 5 U.S.C. 345 (3345) et seq.,

I hereby order that:

Section 1. Order of Succession.

During any period when the Director of the Office of Personnel

Management (Director), or the Deputy Director of the Office of

Personnel Management, has died, resigned, or otherwise become

unable to perform the functions and duties of the office of

Director, the following officers of the Office of Personnel

Management, in the order listed, shall perform the functions and

duties of the office of Director, if they are eligible to act as

Director under the provisions of the Federal Vacancies Reform Act

of 1998, until such time as at least one of the officers mentioned

above is able to perform the functions and duties of the office of

Director:

Chief of Staff;

General Counsel;

Associate Director, Management and Chief Financial Officer;

Associate Director, Human Resources Policy;

Associate Director, Human Resources Products and Services;

Associate Director, Human Capital Leadership and Merit Systems

Accountability;

Deputy Associate Director, Center for Investigations Services;

Director, Office of Congressional Relations;

Director, Office of Communications;

Senior Advisor, Homeland Security; and

Senior Advisor, Learning and Knowledge Management.

Sec. 2. Exceptions.

(a) No individual who is serving in an office listed in section 1

in an acting capacity, by virtue of so serving, shall act as

Director pursuant to this memorandum.

(b) Notwithstanding the provisions of this memorandum, the

President retains discretion, to the extent permitted by the

Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345-3349d, to

depart from this memorandum in designating an acting Director.

Sec. 3. Publication.

You are authorized and directed to publish this memorandum in the

Federal Register. George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3346, 3347, 3348, 3349,

3349b, 3349c, 3349d, 5535 of this title; title 7 section 2211;

title 28 section 508.

-CITE-

5 USC Sec. 3346 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-HEAD-

Sec. 3346. Time limitation

-STATUTE-

(a) Except in the case of a vacancy caused by sickness, the

person serving as an acting officer as described under section 3345

may serve in the office -

(1) for no longer than 210 days beginning on the date the

vacancy occurs; or

(2) subject to subsection (b), once a first or second

nomination for the office is submitted to the Senate, from the

date of such nomination for the period that the nomination is

pending in the Senate.

(b)(1) If the first nomination for the office is rejected by the

Senate, withdrawn, or returned to the President by the Senate, the

person may continue to serve as the acting officer for no more than

210 days after the date of such rejection, withdrawal, or return.

(2) Notwithstanding paragraph (1), if a second nomination for the

office is submitted to the Senate after the rejection, withdrawal,

or return of the first nomination, the person serving as the acting

officer may continue to serve -

(A) until the second nomination is confirmed; or

(B) for no more than 210 days after the second nomination is

rejected, withdrawn, or returned.

(c) If a vacancy occurs during an adjournment of the Congress

sine die, the 210-day period under subsection (a) shall begin on

the date that the Senate first reconvenes.

-SOURCE-

(Added Pub. L. 105-277, div. C, title I, Sec. 151(b), Oct. 21,

1998, 112 Stat. 2681-612.)

-MISC1-

PRIOR PROVISIONS

A prior section 3346, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

426, provided for details to subordinate offices, prior to repeal

by Pub. L. 105-277, div. C, title I, Sec. 151(b), (d)(1), Oct. 21,

1998, 112 Stat. 2681-611, 2681-616, effective 30 days after Oct.

21, 1998. See section 3345 of this title.

EFFECTIVE DATE

Section effective 30 days after Oct. 21, 1998, and applicable to

any office that becomes vacant after such effective date, with

certain exceptions, see section 151(d) of Pub. L. 105-277, set out

as a note under section 3345 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3345, 3347, 3348, 3349,

3349a, 3349b, 3349c, 3349d, 5535 of this title.

-CITE-

5 USC Sec. 3347 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-HEAD-

Sec. 3347. Exclusivity

-STATUTE-

(a) Sections 3345 and 3346 are the exclusive means for

temporarily authorizing an acting official to perform the functions

and duties of any office of an Executive agency (including the

Executive Office of the President, and other than the General

Accounting Office) for which appointment is required to be made by

the President, by and with the advice and consent of the Senate,

unless -

(1) a statutory provision expressly -

(A) authorizes the President, a court, or the head of an

Executive department, to designate an officer or employee to

perform the functions and duties of a specified office

temporarily in an acting capacity; or

(B) designates an officer or employee to perform the

functions and duties of a specified office temporarily in an

acting capacity; or

(2) the President makes an appointment to fill a vacancy in

such office during the recess of the Senate pursuant to clause 3

of section 2 of article II of the United States Constitution.

(b) Any statutory provision providing general authority to the

head of an Executive agency (including the Executive Office of the

President, and other than the General Accounting Office) to

delegate duties statutorily vested in that agency head to, or to

reassign duties among, officers or employees of such Executive

agency, is not a statutory provision to which subsection (a)(1)

applies.

-SOURCE-

(Added Pub. L. 105-277, div. C, title I, Sec. 151(b), Oct. 21,

1998, 112 Stat. 2681-613; amended Pub. L. 106-31, title V, Sec.

5011, May 21, 1999, 113 Stat. 112.)

-MISC1-

PRIOR PROVISIONS

A prior section 3347, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

426, provided for Presidential authority relating to details, prior

to repeal by Pub. L. 105-277, div. C, title I, Sec. 151(b),

(d)(1), Oct. 21, 1998, 112 Stat. 2681-611, 2681-616, effective 30

days after Oct. 21, 1998. See section 3345 of this title.

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-31 substituted ''subsection

(a)(1)'' for ''subsection (a)(2)''.

EFFECTIVE DATE

Section effective 30 days after Oct. 21, 1998, and applicable to

any office that becomes vacant after such effective date, with

certain exceptions, see section 151(d) of Pub. L. 105-277, set out

as a note under section 3345 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3345, 3348, 3349, 3349b,

3349c, 3349d, 5535 of this title; title 10 sections 3017, 5017,

8017.

-CITE-

5 USC Sec. 3348 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-HEAD-

Sec. 3348. Vacant office

-STATUTE-

(a) In this section -

(1) the term ''action'' includes any agency action as defined

under section 551(13); and

(2) the term ''function or duty'' means any function or duty of

the applicable office that -

(A)(i) is established by statute; and

(ii) is required by statute to be performed by the applicable

officer (and only that officer); or

(B)(i)(I) is established by regulation; and

(II) is required by such regulation to be performed by the

applicable officer (and only that officer); and

(ii) includes a function or duty to which clause (i)(I) and

(II) applies, and the applicable regulation is in effect at any

time during the 180-day period preceding the date on which the

vacancy occurs.

(b) Unless an officer or employee is performing the functions and

duties in accordance with sections 3345, 3346, and 3347, if an

officer of an Executive agency (including the Executive Office of

the President, and other than the General Accounting Office) whose

appointment to office is required to be made by the President, by

and with the advice and consent of the Senate, dies, resigns, or is

otherwise unable to perform the functions and duties of the office

-

(1) the office shall remain vacant; and

(2) in the case of an office other than the office of the head

of an Executive agency (including the Executive Office of the

President, and other than the General Accounting Office), only

the head of such Executive agency may perform any function or

duty of such office.

(c) If the last day of any 210-day period under section 3346 is a

day on which the Senate is not in session, the second day the

Senate is next in session and receiving nominations shall be deemed

to be the last day of such period.

(d)(1) An action taken by any person who is not acting under

section 3345, 3346, or 3347, or as provided by subsection (b), in

the performance of any function or duty of a vacant office to which

this section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c

apply shall have no force or effect.

(2) An action that has no force or effect under paragraph (1) may

not be ratified.

(e) This section shall not apply to -

(1) the General Counsel of the National Labor Relations Board;

(2) the General Counsel of the Federal Labor Relations

Authority;

(3) any Inspector General appointed by the President, by and

with the advice and consent of the Senate;

(4) any Chief Financial Officer appointed by the President, by

and with the advice and consent of the Senate; or

(5) an office of an Executive agency (including the Executive

Office of the President, and other than the General Accounting

Office) if a statutory provision expressly prohibits the head of

the Executive agency from performing the functions and duties of

such office.

-SOURCE-

(Added Pub. L. 105-277, div. C, title I, Sec. 151(b), Oct. 21,

1998, 112 Stat. 2681-613.)

-MISC1-

PRIOR PROVISIONS

A prior section 3348, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

426; Pub. L. 100-398, Sec. 7(b), Aug. 17, 1988, 102 Stat. 988,

provided for time limitations relating to details, prior to repeal

by Pub. L. 105-277, div. C, title I, Sec. 151(b), (d)(1), Oct. 21,

1998, 112 Stat. 2681-611, 2681-616, effective 30 days after Oct.

21, 1998. See section 3346 of this title.

EFFECTIVE DATE

Section effective 30 days after Oct. 21, 1998, and applicable to

any office that becomes vacant after such effective date, with

certain exceptions, see section 151(d) of Pub. L. 105-277, set out

as a note under section 3345 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3345, 3349, 3349a, 3349b,

3349c, 3349d of this title.

-CITE-

5 USC Sec. 3349 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-HEAD-

Sec. 3349. Reporting of vacancies

-STATUTE-

(a) The head of each Executive agency (including the Executive

Office of the President, and other than the General Accounting

Office) shall submit to the Comptroller General of the United

States and to each House of Congress -

(1) notification of a vacancy in an office to which this

section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c,

and 3349d apply and the date such vacancy occurred immediately

upon the occurrence of the vacancy;

(2) the name of any person serving in an acting capacity and

the date such service began immediately upon the designation;

(3) the name of any person nominated to the Senate to fill the

vacancy and the date such nomination is submitted immediately

upon the submission of the nomination; and

(4) the date of a rejection, withdrawal, or return of any

nomination immediately upon such rejection, withdrawal, or

return.

(b) If the Comptroller General of the United States makes a

determination that an officer is serving longer than the 210-day

period including the applicable exceptions to such period under

section 3346 or section 3349a, the Comptroller General shall report

such determination immediately to -

(1) the Committee on Governmental Affairs of the Senate;

(2) the Committee on Government Reform and Oversight of the

House of Representatives;

(3) the Committees on Appropriations of the Senate and House of

Representatives;

(4) the appropriate committees of jurisdiction of the Senate

and House of Representatives;

(5) the President; and

(6) the Office of Personnel Management.

-SOURCE-

(Added Pub. L. 105-277, div. C, title I, Sec. 151(b), Oct. 21,

1998, 112 Stat. 2681-614.)

-MISC1-

PRIOR PROVISIONS

A prior section 3349, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

426, provided for restrictions relating to details to fill

vacancies, prior to repeal by Pub. L. 105-277, div. C, title I,

Sec. 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681-611, 2681-616,

effective 30 days after Oct. 21, 1998. See section 3347 of this

title.

-CHANGE-

CHANGE OF NAME

Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-MISC4-

EFFECTIVE DATE

Section effective 30 days after Oct. 21, 1998, and applicable to

any office that becomes vacant after such effective date, with

certain exceptions, see section 151(d) of Pub. L. 105-277, set out

as a note under section 3345 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3345, 3348, 3349b, 3349c,

3349d of this title.

-CITE-

5 USC Sec. 3349a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-HEAD-

Sec. 3349a. Presidential inaugural transitions

-STATUTE-

(a) In this section, the term ''transitional inauguration day''

means the date on which any person swears or affirms the oath of

office as President, if such person is not the President on the

date preceding the date of swearing or affirming such oath of

office.

(b) With respect to any vacancy that exists during the 60-day

period beginning on a transitional inauguration day, the 210-day

period under section 3346 or 3348 shall be deemed to begin on the

later of the date occurring -

(1) 90 days after such transitional inauguration day; or

(2) 90 days after the date on which the vacancy occurs.

-SOURCE-

(Added Pub. L. 105-277, div. C, title I, Sec. 151(b), Oct. 21,

1998, 112 Stat. 2681-615.)

-MISC1-

EFFECTIVE DATE

Section effective 30 days after Oct. 21, 1998, and applicable to

any office that becomes vacant after such effective date, with

certain exceptions, see section 151(d) of Pub. L. 105-277, set out

as a note under section 3345 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3345, 3348, 3349, 3349b,

3349c, 3349d of this title.

-CITE-

5 USC Sec. 3349b 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-HEAD-

Sec. 3349b. Holdover provisions

-STATUTE-

Sections 3345 through 3349a shall not be construed to affect any

statute that authorizes a person to continue to serve in any office

-

(1) after the expiration of the term for which such person is

appointed; and

(2) until a successor is appointed or a specified period of

time has expired.

-SOURCE-

(Added Pub. L. 105-277, div. C, title I, Sec. 151(b), Oct. 21,

1998, 112 Stat. 2681-615.)

-MISC1-

EFFECTIVE DATE

Section effective 30 days after Oct. 21, 1998, and applicable to

any office that becomes vacant after such effective date, with

certain exceptions, see section 151(d) of Pub. L. 105-277, set out

as a note under section 3345 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3348, 3349, 3349c, 3349d

of this title.

-CITE-

5 USC Sec. 3349c 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-HEAD-

Sec. 3349c. Exclusion of certain officers

-STATUTE-

Sections 3345 through 3349b shall not apply to -

(1) any member who is appointed by the President, by and with

the advice and consent of the Senate to any board, commission, or

similar entity that -

(A) is composed of multiple members; and

(B) governs an independent establishment or Government

corporation;

(2) any commissioner of the Federal Energy Regulatory

Commission;

(3) any member of the Surface Transportation Board; or

(4) any judge appointed by the President, by and with the

advice and consent of the Senate, to a court constituted under

article I of the United States Constitution.

-SOURCE-

(Added Pub. L. 105-277, div. C, title I, Sec. 151(b), Oct. 21,

1998, 112 Stat. 2681-615.)

-MISC1-

EFFECTIVE DATE

Section effective 30 days after Oct. 21, 1998, and applicable to

any office that becomes vacant after such effective date, with

certain exceptions, see section 151(d) of Pub. L. 105-277, set out

as a note under section 3345 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3348, 3349, 3349d of this

title.

-CITE-

5 USC Sec. 3349d 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER III - DETAILS, VACANCIES, AND APPOINTMENTS

-HEAD-

Sec. 3349d. Notification of intent to nominate during certain

recesses or adjournments

-STATUTE-

(a) The submission to the Senate, during a recess or adjournment

of the Senate in excess of 15 days, of a written notification by

the President of the President's intention to submit a nomination

after the recess or adjournment shall be considered a nomination

for purposes of sections 3345 through 3349c if such notification

contains the name of the proposed nominee and the office for which

the person is nominated.

(b) If the President does not submit a nomination of the person

named under subsection (a) within 2 days after the end of such

recess or adjournment, effective after such second day the

notification considered a nomination under subsection (a) shall be

treated as a withdrawn nomination for purposes of sections 3345

through 3349c.

-SOURCE-

(Added Pub. L. 105-277, div. C, title I, Sec. 151(b), Oct. 21,

1998, 112 Stat. 2681-615.)

-MISC1-

EFFECTIVE DATE

Section effective 30 days after Oct. 21, 1998, and applicable to

any office that becomes vacant after such effective date, with

certain exceptions, see section 151(d) of Pub. L. 105-277, set out

as a note under section 3345 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3345, 3349 of this title.

-CITE-

5 USC SUBCHAPTER IV - TRANSFERS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER IV - TRANSFERS

.

-HEAD-

SUBCHAPTER IV - TRANSFERS

-CITE-

5 USC Sec. 3351 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER IV - TRANSFERS

-HEAD-

Sec. 3351. Preference eligibles; transfer; physical qualifications;

waiver

-STATUTE-

In determining qualifications of a preference eligible for

transfer to another position in the competitive service, an

Executive agency, or the government of the District of Columbia,

the Office of Personnel Management or other examining agency shall

waive -

(1) requirements as to age, height, and weight, unless the

requirement is essential to the performance of the duties of the

position; and

(2) physical requirements if, in the opinion of the Office or

other examining agency, after considering the recommendation of

an accredited physician, the preference eligible is physically

able to perform efficiently the duties of the position.

This section does not apply to an appointment required by Congress

to be confirmed by, or made with the advice and consent of, the

Senate.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 426; Pub. L. 94-183, Sec.

2(4), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, title IX, Sec.

906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 854 (1st 2 June 27, 1944, ch.

sentences, so much 287, Sec. 5 (1st 2

as relates to sentences, so much

transfer). as relates to

transfer), 58 Stat.

388.

-------------------------------

The section is restated to conform to section 3312.

The words ''in the competitive service, an Executive agency, or

the government of the District of Columbia'' are added on authority

of former sections 851, 858, and 869, which are carried into this

title. The last sentence is added on authority of former section

869.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 substituted ''Office of Personnel

Management'' and ''Office'' for ''Civil Service Commission'' and

''Commission'', respectively.

1975 - Pub. L. 94-183 struck out '', except an appointment made

under section 3311 of title 39'' after ''or made with the advice

and consent of, the Senate''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2302 of this title; title

22 section 1438.

-CITE-

5 USC Sec. 3352 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER IV - TRANSFERS

-HEAD-

Sec. 3352. Preference in transfers for employees making certain

disclosures

-STATUTE-

(a) Subject to the provisions of subsections (d) and (e), in

filling a position within any Executive agency, the head of such

agency may give preference to any employee of such agency, or any

other Executive agency, to transfer to a position of the same

status and tenure as the position of such employee on the date of

applying for a transfer under subsection (b) if -

(1) such employee is otherwise qualified for such position;

(2) such employee is eligible for appointment to such position;

and

(3) the Merit Systems Protection Board makes a determination

under the provisions of chapter 12 that a prohibited personnel

action described under section 2302(b)(8) was taken against such

employee.

(b) An employee who meets the conditions described under

subsection (a)(1), (2), and (3) may voluntarily apply for a

transfer to a position, as described in subsection (a), within the

Executive agency employing such employee or any other Executive

agency.

(c) If an employee applies for a transfer under the provisions of

subsection (b) and the selecting official rejects such application,

the selecting official shall provide the employee with a written

notification of the reasons for the rejection within 30 days after

receiving such application.

(d) An employee whose application for transfer is rejected under

the provisions of subsection (c) may request the head of such

agency to review the rejection. Such request for review shall be

submitted to the head of the agency within 30 days after the

employee receives notification under subsection (c). Within 30 days

after receiving a request for review, the head of the agency shall

complete the review and provide a written statement of findings to

the employee and the Merit Systems Protection Board.

(e) The provisions of subsection (a) shall apply with regard to

any employee -

(1) for no more than 1 transfer;

(2) for a transfer from or within the agency such employee is

employed at the time of a determination by the Merit Systems

Protection Board that a prohibited personnel action as described

under section 2302(b)(8) was taken against such employee; and

(3) no later than 18 months after such a determination is made

by the Merit Systems Protection Board.

(f) Notwithstanding the provisions of subsection (a), no

preference may be given to any employee applying for a transfer

under subsection (b), with respect to a preference eligible (as

defined under section 2108(3)) applying for the same position.

-SOURCE-

(Added Pub. L. 101-12, Sec. 5(a), Apr. 10, 1989, 103 Stat. 32.)

-MISC1-

EFFECTIVE DATE

Section effective 90 days following Apr. 10, 1989, see section 11

of Pub. L. 101-12, set out as an Effective Date of 1989 Amendment

note under section 1201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2302 of this title.

-CITE-

5 USC SUBCHAPTER V - PROMOTION 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER V - PROMOTION

.

-HEAD-

SUBCHAPTER V - PROMOTION

-CITE-

5 USC Sec. 3361 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER V - PROMOTION

-HEAD-

Sec. 3361. Promotion; competitive service; examination

-STATUTE-

An individual may be promoted in the competitive service only if

he has passed an examination or is specifically excepted from

examination under section 3302 of this title. This section does

not take from the President any authority conferred by section 3301

of this title that is consistent with the provisions of this title

governing the competitive service.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 426.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 638 (as Jan. 16, 1883, ch.

applicable to 27, Sec. 7 (as

promotion). applicable to

promotion), 22

Stat. 406.

-------------------------------

The words ''That after the expiration of six months from the

passage of this act'' are omitted as executed. The words ''in the

competitive service'' are substituted for ''in either of the said

classes now existing, or that may be arranged hereunder pursuant to

said rules'' because of the definition of ''competitive service''

in section 2102. In the second sentence, the words ''the provisions

of this title governing the competitive service'' are substituted

for ''this act''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 3362 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER V - PROMOTION

-HEAD-

Sec. 3362. Promotion; effect of incentive award

-STATUTE-

An agency, in qualifying and selecting an employee for promotion,

shall give due weight to an incentive award under chapter 45 of

this title. For the purpose of this section, ''agency'' and

''employee'' have the meanings given them by section 4501 of this

title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 426.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2123(f). Sept. 1, 1954, ch.

1208, Sec. 304(f),

68 Stat. 1113.

-------------------------------

The word ''incentive'' is added for clarification. The second

sentence is added on authority of former section 2122, which is

carried into section 4501.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 3363 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER V - PROMOTION

-HEAD-

Sec. 3363. Preference eligibles; promotion; physical

qualifications; waiver

-STATUTE-

In determining qualifications of a preference eligible for

promotion to another position in the competitive service, an

Executive agency, or the government of the District of Columbia,

the Office of Personnel Management or other examining agency shall

waive -

(1) requirements as to age, height, and weight, unless the

requirement is essential to the performance of the duties of the

position; and

(2) physical requirements if, in the opinion of the Office or

other examining agency, after considering the recommendation of

an accredited physician, the preference eligible is physically

able to perform efficiently the duties of the position.

This section does not apply to an appointment required by Congress

to be confirmed by, or made with the advice and consent of, the

Senate.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 427; Pub. L. 94-183, Sec.

2(5), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, title IX, Sec.

906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 854 (1st 2 June 27, 1944, ch.

sentences, so much 287, Sec. 5 (1st 2

as relates to sentences, so much

promotion). as relates to

promotion), 58

Stat. 388.

-------------------------------

The section is restated to conform to section 3312.

The words ''in the competitive service, an Executive agency, or

the government of the District of Columbia'' are added on authority

of former sections 851, 858, and 869, which are carried into this

title. The last sentence is added on authority of former section

869.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 substituted ''Office of Personnel

Management'' and ''Office'' for ''Civil Service Commission'' and

''Commission'', respectively.

1975 - Pub. L. 94-183 struck out '', except an appointment made

under section 3311 of title 39'' after ''or made with the advice

and consent of, the Senate''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2302 of this title; title

22 section 1438.

-CITE-

5 USC Sec. 3364 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER V - PROMOTION

-HEAD-

(Sec. 3364. Repealed. Pub. L. 94-183, Sec. 2(6), Dec. 31, 1975, 89

Stat. 1057)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 427, related to

promotion to regular force of substitute employees in postal field

service.

-CITE-

5 USC SUBCHAPTER VI - ASSIGNMENTS TO AND FROM STATES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VI - ASSIGNMENTS TO AND FROM STATES

.

-HEAD-

SUBCHAPTER VI - ASSIGNMENTS TO AND FROM STATES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 22 sections 2514, 4081;

title 41 section 419; title 42 section 11708.

-CITE-

5 USC Sec. 3371 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VI - ASSIGNMENTS TO AND FROM STATES

-HEAD-

Sec. 3371. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) ''State'' means -

(A) a State of the United States, the District of Columbia,

the Commonwealth of Puerto Rico, the Trust Territory of the

Pacific Islands, and a territory or possession of the United

States; and

(B) an instrumentality or authority of a State or States as

defined in subparagraph (A) of this paragraph (1) and a

Federal-State authority or instrumentality;

(2) ''local government'' means -

(A) any political subdivision, instrumentality, or authority

of a State or States as defined in subparagraph (A) of

paragraph (1);

(B) any general or special purpose agency of such a political

subdivision, instrumentality, or authority; and

(C) any Indian tribe, band, nation, or other organized group

or community, including any Alaska Native village as defined in

the Alaska Native Claims Settlement Act (85 Stat. 688), which

is recognized as eligible for the special programs and services

provided by the United States to Indians because of their

status as Indians and includes any tribal organization as

defined in section 4 of the Indian Self-Determination and

Education Assistance Act;

(3) ''Federal agency'' means an Executive agency, military

department, a court of the United States, the Administrative

Office of the United States Courts, the Library of Congress, the

Botanic Garden, the Government Printing Office, the Congressional

Budget Office, the United States Postal Service, the Postal Rate

Commission, the Office of the Architect of the Capitol, the

Office of Technology Assessment, and such other similar agencies

of the legislative and judicial branches as determined

appropriate by the Office of Personnel Management; and

(4) ''other organization'' means -

(A) a national, regional, State-wide, area-wide, or

metropolitan organization representing member State or local

governments;

(B) an association of State or local public officials;

(C) a nonprofit organization which has as one of its

principal functions the offering of professional advisory,

research, educational, or development services, or related

services, to governments or universities concerned with public

management; or

(D) a federally funded research and development center.

-SOURCE-

(Added Pub. L. 91-648, title IV, Sec. 402(a), Jan. 5, 1971, 84

Stat. 1920; amended Pub. L. 93-638, title I, Sec. 104(a), formerly

Sec. 105(a), Jan. 4, 1975, 88 Stat. 2208, renumbered Sec. 104(a),

Pub. L. 100-472, title II, Sec. 203(a), Oct. 5, 1988, 102 Stat.

2290; Pub. L. 95-454, title VI, Sec. 603(a), Oct. 13, 1978, 92

Stat. 1189; Pub. L. 100-472, title II, Sec. 203(b), Oct. 5, 1988,

102 Stat. 2290; Pub. L. 101-301, Sec. 2(c), May 24, 1990, 104 Stat.

207; Pub. L. 103-337, div. A, title X, Sec. 1068(a), Oct. 5, 1994,

108 Stat. 2852.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par.

(2)(C), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

Section 4 of the Indian Self-Determination and Education

Assistance Act, referred to in par. (2)(C), is classified to

section 450b of Title 25, Indians.

-MISC2-

AMENDMENTS

1994 - Par. (4)(D). Pub. L. 103-337 added subpar. (D).

1990 - Par. (2)(C). Pub. L. 101-301 substituted ''section 4'' for

''section 4(m)''.

1988 - Par. (2)(C). Pub. L. 100-472, Sec. 203(b), amended Pub. L.

93-638, by substituting ''section 4(m)'' for ''section 4(c)'' in

the provision it added as par. (2)(C) of this section. See 1975

Amendment note below.

1978 - Par. (1)(A). Pub. L. 95-454, Sec. 603(a)(1), inserted

reference to the Trust Territory of the Pacific Islands.

Pars. (3), (4). Pub. L. 95-454, Sec. 603(a)(2), added pars. (3)

and (4).

1975 - Par. (2)(C). Pub. L. 93-638, as amended by Pub. L.

100-472, Sec. 203(b), added par. (2)(C).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

EFFECTIVE DATE

Section 404 of title IV of Pub. L. 91-648 provided that: ''This

title (enacting this subchapter and repealing sections 1881 to 1888

of Title 7, Agriculture, section 869b of Title 20, Education, and

section 246(f) of Title 42, The Public Health and Welfare, (less

applicability to commissioned officers of the Public Health

Service)) shall become effective sixty days after the date of

enactment of this Act (Jan. 5, 1971).''

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC5-

DECLARATION OF PURPOSE

Section 401 of title IV of Pub. L. 91-648, as amended by Pub. L.

95-454, title VI, Sec. 602(b), Oct. 13, 1978, 92 Stat. 1189,

provided that: ''The purpose of this title (see Effective Date note

above) is to provide for the temporary assignment of personnel

between the Federal Government and State and local governments,

institutions of higher education, and other organizations.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3372 of this title; title

22 section 2124c.

-CITE-

5 USC Sec. 3372 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VI - ASSIGNMENTS TO AND FROM STATES

-HEAD-

Sec. 3372. General provisions

-STATUTE-

(a) On request from or with the concurrence of a State or local

government, and with the consent of the employee concerned, the

head of a Federal agency may arrange for the assignment of -

(1) an employee of his agency, other than a noncareer

appointee, limited term appointee, or limited emergency appointee

(as such terms are defined in section 3132(a) of this title) in

the Senior Executive Service and an employee in a position which

has been excepted from the competitive service by reason of its

confidential, policy-determining, policy-making, or

policy-advocating character, to a State or local government; and

(2) an employee of a State or local government to his agency;

for work of mutual concern to his agency and the State or local

government that he determines will be beneficial to both. The

period of an assignment under this subchapter may not exceed two

years. However, the head of a Federal agency may extend the period

of assignment for not more than two additional years. In the case

of assignments made to Indian tribes or tribal organizations as

defined in section 3371(2)(C) of this subchapter, the head of an

executive agency may extend the period of assignment for any period

of time where it is determined that this will continue to benefit

both the executive agency and the Indian tribe or tribal

organization. If the assigned employee fails to complete the

period of assignment and there is another employee willing and

available to do so, the Secretary may assign the employee to

complete the period of assignment and may execute an agreement with

the tribal organization with respect to the replacement employee.

That agreement may provide for a different period of assignment as

may be agreed to by the Secretary and the tribal organization.

(b) This subchapter is authority for and applies to the

assignment of -

(1) an employee of a Federal agency to an institution of higher

education;

(2) an employee of an institution of higher education to a

Federal agency;

(3) an employee of a Federal agency to any other organization;

and

(4) an employee of an other organization to a Federal agency.

(c)(1) An employee of a Federal agency may be assigned under this

subchapter only if the employee agrees, as a condition of accepting

an assignment under this subchapter, to serve in the civil service

upon the completion of the assignment for a period equal to the

length of the assignment.

(2) Each agreement required under paragraph (1) of this

subsection shall provide that in the event the employee fails to

carry out the agreement (except for good and sufficient reason, as

determined by the head of the Federal agency from which assigned)

the employee shall be liable to the United States for payment of

all expenses (excluding salary) of the assignment. The amount

shall be treated as a debt due the United States.

(d) Where the employee is assigned to a tribal organization, the

employee shall be eligible for promotions, periodic step-increases,

and additional step-increases, as defined in chapter 53 of this

title, on the same basis as other Federal employees.

(e) Under regulations prescribed pursuant to section 3376 of this

title -

(1) an assignment of an employee of a Federal agency to an

other organization or an institution of higher education, and an

employee so assigned, shall be treated in the same way as an

assignment of an employee of a Federal agency to a State or local

government, and an employee so assigned, is treated under the

provisions of this subchapter governing an assignment of an

employee of a Federal agency to a State or local government,

except that the rate of pay of an employee assigned to a

federally funded research and development center may not exceed

the rate of pay that such employee would be paid for continued

service in the position in the Federal agency from which

assigned; and

(2) an assignment of an employee of an other organization or an

institution of higher education to a Federal agency, and an

employee so assigned, shall be treated in the same way as an

assignment of an employee of a State or local government to a

Federal agency, and an employee so assigned, is treated under the

provisions of this subchapter governing an assignment of an

employee of a State or local government to a Federal agency.

-SOURCE-

(Added Pub. L. 91-648, title IV, Sec. 402(a), Jan. 5, 1971, 84

Stat. 1921; amended Pub. L. 93-638, title I, Sec. 104(k), (l), as

added Pub. L. 100-472, title II, Sec. 203(f), Oct. 5, 1988, 102

Stat. 2290; Pub. L. 95-454, title VI, Sec. 603(b), (c), Oct. 13,

1978, 92 Stat. 1190; Pub. L. 98-146, title II, Nov. 4, 1983, 97

Stat. 946; Pub. L. 103-89, Sec. 3(b)(1)(A), Sept. 30, 1993, 107

Stat. 981; Pub. L. 103-337, div. A, title X, Sec. 1068(b), Oct. 5,

1994, 108 Stat. 2852.)

-MISC1-

AMENDMENTS

1994 - Subsec. (e). Pub. L. 103-337 added subsec. (e).

1993 - Subsec. (d). Pub. L. 103-89 substituted ''and additional

step-increases, as defined in chapter 53'' for ''additional

step-increases, merit pay, and cash awards, as defined in chapters

53 and 54''.

1988 - Subsecs. (a), (d). Pub. L. 100-472 added Pub. L. 93-638,

Sec. 104(k), (l). See 1975 Amendment note below.

1983 - Subsec. (a). Pub. L. 98-146 inserted sentence providing

that, in the case of assignments made to Indian tribes or tribal

organizations as defined in section 3371(2)(C) of this title, the

head of an executive agency may extend the period of assignment for

any period of time where it is determined that this will continue

to benefit both the executive agency and the Indian tribe or tribal

organization.

1978 - Subsec. (a). Pub. L. 95-454, Sec. 603(b), (c)(1),

substituted ''a Federal'' for ''an executive'' wherever appearing,

and in cl. (1) inserted provisions relating to a noncareer

appointee, limited term appointee, or limited emergency appointee,

and an employee excepted from the competitive service.

Subsec. (b). Pub. L. 95-454, Sec. 603(b), (c)(2)-(4), in cls. (1)

and (2) substituted ''a Federal'' for ''an executive'', and added

cls. (3) and (4).

Subsec. (c). Pub. L. 95-454, Sec. 603(c)(5), added subsec. (c).

1975 - Subsec. (a). Pub. L. 93-638, Sec. 104(k), as added by Pub.

L. 100-472, inserted at end ''If the assigned employee fails to

complete the period of assignment and there is another employee

willing and available to do so, the Secretary may assign the

employee to complete the period of assignment and may execute an

agreement with the tribal organization with respect to the

replacement employee. That agreement may provide for a different

period of assignment as may be agreed to by the Secretary and the

tribal organization.''

Subsec. (d). Pub. L. 93-638, Sec. 104(l), as added by Pub. L.

100-472, added subsec. (d).

EFFECTIVE DATE OF 1993 AMENDMENT

Section 3(c) of Pub. L. 103-89 provided that: ''The amendments

made by this section (amending this section and sections 4501,

4502, 5302, 5332, 5334 to 5336, 5361 to 5363, 5948, and 8473 of

this title, sections 1602, 1732, and 1733 of Title 10, Armed

Forces, and section 731 of Title 31, Money and Finance, repealing

sections 4302a and 5401 to 5410 of this title, and amending

provisions set out as a note under section 5304 of this title)

shall take effect as of November 1, 1993.''

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 1a-2, 471j;

title 25 section 450i.

-CITE-

5 USC Sec. 3373 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VI - ASSIGNMENTS TO AND FROM STATES

-HEAD-

Sec. 3373. Assignment of employees to State or local governments

-STATUTE-

(a) An employee of a Federal agency assigned to a State or local

government under this subchapter is deemed, during the assignment,

to be either -

(1) on detail to a regular work assignment in his agency; or

(2) on leave without pay from his position in the agency.

An employee assigned either on detail or on leave without pay

remains an employee of his agency. The Federal Tort Claims Act and

any other Federal tort liability statute apply to an employee so

assigned. The supervision of the duties of an employee on detail

may be governed by agreement between the Federal agency and the

State or local government concerned.

(b) The assignment of an employee of a Federal agency either on

detail or on leave without pay to a State or local government under

this subchapter may be made with or without reimbursement by the

State or local government for the travel and transportation

expenses to or from the place of assignment and for the pay, or

supplemental pay, or a part thereof, of the employee during

assignment. Any reimbursements shall be credited to the

appropriation of the Federal agency used for paying the travel and

transportation expenses or pay.

(c) For any employee so assigned and on leave without pay -

(1) if the rate of pay for his employment by the State or local

government is less than the rate of pay he would have received

had he continued in his regular assignment in the agency, he is

entitled to receive supplemental pay from the agency in an amount

equal to the difference between the State or local government

rate and the agency rate;

(2) he is entitled to annual and sick leave to the same extent

as if he had continued in his regular assignment in the agency;

and

(3) he is entitled, notwithstanding other statutes -

(A) to continuation of his insurance under chapter 87 of this

title, and coverage under chapter 89 of this title or other

applicable authority, so long as he pays currently into the

Employee's Life Insurance Fund and the Employee's Health

Benefits Fund or other applicable health benefits system

(through his employing agency) the amount of the employee

contributions;

(B) to credit the period of his assignment under this

subchapter toward periodic step-increases, retention, and leave

accrual purposes, and, on payment into the Civil Service

Retirement and Disability Fund or other applicable retirement

system of the percentage of his State or local government pay,

and of his supplemental pay, if any, that would have been

deducted from a like agency pay for the period of the

assignment and payment by the Federal agency into the fund or

system of the amount that would have been payable by the agency

during the period of the assignment with respect to a like

agency pay, to treat his service during that period as service

of the type performed in the agency immediately before his

assignment; and

(C) for the purpose of subchapter I of chapter 85 of this

title, to credit the service performed during the period of his

assignment under this subchapter as Federal service, and to

consider his State or local government pay (and his

supplemental pay, if any) as Federal wages. To the extent that

the service could also be the basis for entitlement to

unemployment compensation under a State law, the employee may

elect to claim unemployment compensation on the basis of the

service under either the State law or subchapter I of chapter

85 of this title.

However, an employee or his beneficiary may not receive benefits

referred to in subparagraphs (A) and (B) of this paragraph (3),

based on service during an assignment under this subchapter for

which the employee or, if he dies without making such an election,

his beneficiary elects to receive benefits, under any State or

local government retirement or insurance law or program, which the

Office of Personnel Management determines to be similar. The

Federal agency shall deposit currently in the Employee's Life

Insurance Fund, the Employee's Health Benefits Fund or other

applicable health benefits system, respectively, the amount of the

Government's contributions on account of service with respect to

which employee contributions are collected as provided in

subparagraphs (A) and (B) of this paragraph (3).

(d)(1) An employee so assigned and on leave without pay who dies

or suffers disability as a result of personal injury sustained

while in the performance of his duty during an assignment under

this subchapter shall be treated, for the purpose of subchapter I

of chapter 81 of this title, as though he were an employee as

defined by section 8101 of this title who had sustained the injury

in the performance of duty. When an employee (or his dependents in

case of death) entitled by reason of injury or death to benefits

under subchapter I of chapter 81 of this title is also entitled to

benefits from a State or local government for the same injury or

death, he (or his dependents in case of death) shall elect which

benefits he will receive. The election shall be made within one

year after the injury or death, or such further time as the

Secretary of Labor may allow for reasonable cause shown. When

made, the election is irrevocable unless otherwise provided by law.

(2) An employee who elects to receive benefits from a State or

local government may not receive an annuity under subchapter III of

chapter 83 of this title and benefits from the State or local

government for injury or disability to himself covering the same

period of time. This provision does not -

(A) bar the right of a claimant to the greater benefit

conferred by either the State or local government or subchapter

III of chapter 83 of this title for any part of the same period

of time;

(B) deny to an employee an annuity accruing to him under

subchapter III of chapter 83 of this title on account of service

performed by him; or

(C) deny any concurrent benefit to him from the State or local

government on account of the death of another individual.

-SOURCE-

(Added Pub. L. 91-648, title IV, Sec. 402(a), Jan. 5, 1971, 84

Stat. 1921; amended Pub. L. 95-454, title VI, Sec. 603(b), title

IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1190, 1224; Pub. L.

102-378, Sec. 2(14), Oct. 2, 1992, 106 Stat. 1347.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Tort Claims Act, referred to in subsec. (a), is

classified to sections 1346(b) and 2671 et seq. of Title 28,

Judiciary and Judicial Procedure.

-MISC2-

AMENDMENTS

1992 - Pub. L. 102-378 substituted ''or local'' for ''and local''

in section catchline.

1978 - Subsecs. (a), (b). Pub. L. 95-454, Sec. 603(b),

substituted ''a Federal'' for ''an executive'' and ''Federal

agency'' for ''executive agency''.

Subsec. (c). Pub. L. 95-454, Sec. 603(b), 906(a)(2), substituted

''Federal agency'' for ''executive agency'' wherever appearing, and

''Office of Personnel Management'' for ''Civil Service

Commission''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3396 of this title.

-CITE-

5 USC Sec. 3374 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VI - ASSIGNMENTS TO AND FROM STATES

-HEAD-

Sec. 3374. Assignments of employees from State or local governments

-STATUTE-

(a) An employee of a State or local government who is assigned to

a Federal agency under an arrangement under this subchapter may -

(1) be appointed in the Federal agency without regard to the

provisions of this title governing appointment in the competitive

service for the agreed period of the assignment; or

(2) be deemed on detail to the Federal agency.

(b) An employee given an appointment is entitled to pay in

accordance with chapter 51 and subchapter III of chapter 53 of this

title or other applicable law, and is deemed an employee of the

Federal agency for all purposes except -

(1) subchapter III of chapter 83 of this title or other

applicable retirement system;

(2) chapter 87 of this title; and

(3) chapter 89 of this title or other applicable health

benefits system unless his appointment results in the loss of

coverage in a group health benefits plan the premium of which has

been paid in whole or in part by a State or local government

contribution.

The above exceptions shall not apply to non-Federal employees who

are covered by chapters 83, 87, and 89 of this title by virtue of

their non-Federal employment immediately before assignment and

appointment under this section.

(c) During the period of assignment, a State or local government

employee on detail to a Federal agency -

(1) is not entitled to pay from the agency, except to the

extent that the pay received from the State or local government

is less than the appropriate rate of pay which the duties would

warrant under the applicable pay provisions of this title or

other applicable authority;

(2) is deemed an employee of the agency for the purpose of

chapter 73 of this title, the Ethics in Government Act of 1978,

section 27 of the Office of Federal Procurement Policy Act,

sections 203, 205, 207, 208, 209, 602, 603, 606, 607, 643, 654,

1905, and 1913 of title 18, sections 1343, 1344, and 1349(b) of

title 31, and the Federal Tort Claims Act and any other Federal

tort liability statute; and

(3) is subject to such regulations as the President may

prescribe.

The supervision of the duties of such an employee may be governed

by agreement between the Federal agency and the State or local

government concerned. A detail of a State or local government

employee to a Federal agency may be made with or without

reimbursement by the Federal agency for the pay, or a part thereof,

of the employee during the period of assignment, or for the

contribution of the State or local government, or a part thereof,

to employee benefit systems.

(d) A State or local government employee who is given an

appointment in a Federal agency for the period of the assignment or

who is on detail to a Federal agency and who suffers disability or

dies as a result of personal injury sustained while in the

performance of his duty during the assignment shall be treated, for

the purpose of subchapter I of chapter 81 of this title, as though

he were an employee as defined by section 8101 of this title who

had sustained the injury in the performance of duty. When an

employee (or his dependents in case of death) entitled by reason of

injury or death to benefits under subchapter I of chapter 81 of

this title is also entitled to benefits from a State or local

government for the same injury or death, he (or his dependents in

case of death) shall elect which benefits he will receive. The

election shall be made within 1 year after the injury or death, or

such further time as the Secretary of Labor may allow for

reasonable cause shown. When made, the election is irrevocable

unless otherwise provided by law.

(e) If a State or local government fails to continue the

employer's contribution to State or local government retirement,

life insurance, and health benefit plans for a State or local

government employee who is given an appointment in a Federal

agency, the employer's contributions covering the State or local

government employee's period of assignment, or any part thereof,

may be made from the appropriations of the Federal agency

concerned.

-SOURCE-

(Added Pub. L. 91-648, title IV, Sec. 402(a), Jan. 5, 1971, 84

Stat. 1923; amended Pub. L. 95-454, title VI, Sec. 603(b), (d),

Oct. 13, 1978, 92 Stat. 1190; Pub. L. 97-258, Sec. 3(a)(6), Sept.

13, 1982, 96 Stat. 1063; Pub. L. 107-107, div. A, title XI, Sec.

1117, Dec. 28, 2001, 115 Stat. 1241.)

-REFTEXT-

REFERENCES IN TEXT

The Ethics in Government Act of 1978, referred to in subsec.

(c)(2), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 101 of Pub. L. 95-521 in the

Appendix to this title and Tables.

Section 27 of the Office of Federal Procurement Policy Act,

referred to in subsec. (c)(2), is classified to section 423 of

Title 41, Public Contracts.

The Federal Tort Claims Act, referred to in subsec. (c)(2), is

classified to sections 1346(b) and 2671 et seq. of Title 28,

Judiciary and Judicial Procedure.

-MISC2-

AMENDMENTS

2001 - Subsec. (c)(2). Pub. L. 107-107 inserted ''the Ethics in

Government Act of 1978, section 27 of the Office of Federal

Procurement Policy Act,'' after ''chapter 73 of this title,''.

1982 - Subsec. (c)(2). Pub. L. 97-258 substituted ''sections

1343, 1344, and 1349(b)'' for ''section 638a''.

1978 - Subsec. (a). Pub. L. 95-454, Sec. 603(b), substituted ''a

Federal'' for ''an executive'', and ''Federal agency'' for

''executive agency'' in two places.

Subsec. (b). Pub. L. 95-454, Sec. 603(b), (d)(1), inserted

provisions relating to nonapplicability of exceptions to

non-Federal employees, and substituted ''Federal'' for

''executive''.

Subsec. (c). Pub. L. 95-454, Sec. 603(b), (d)(2), (3), inserted

provisions relating to pay received from the State or local

government at less than the appropriate rate of pay, and provisions

relating to contributions to employee benefit systems, and

substituted ''a Federal'' for ''an executive'' and ''Federal

agency'' for ''executive agency'' wherever appearing.

Subsec. (d). Pub. L. 95-454, Sec. 603(b), substituted ''a

Federal'' for ''an executive'' in two places.

Subsec. (e). Pub. L. 95-454, Sec. 603(b), substituted ''a

Federal'' for ''an executive'' and ''Federal'' for ''executive''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 21 section 878; title 25

section 2804.

-CITE-

5 USC Sec. 3375 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VI - ASSIGNMENTS TO AND FROM STATES

-HEAD-

Sec. 3375. Travel expenses

-STATUTE-

(a) Appropriations of a Federal agency are available to pay, or

reimburse, a Federal or State or local government employee in

accordance with -

(1) subchapter I of chapter 57 of this title, for the expenses

of -

(A) travel, including a per diem allowance, to and from the

assignment location;

(B) a per diem allowance at the assignment location during

the period of the assignment; and

(C) travel, including a per diem allowance, while traveling

on official business away from his designated post of duty

during the assignment when the head of the Federal agency

considers the travel in the interest of the United States;

(2) section 5724 of this title, for the expenses of

transportation of his immediate family and of his household goods

and personal effects to and from the assignment location;

(3) section 5724a(a) of this title, for the expenses of per

diem allowances for the immediate family of the employee to and

from the assignment location;

(4) section 5724a(c) of this title, for subsistence expenses of

the employee and his immediate family while occupying temporary

quarters at the assignment location and on return to his former

post of duty;

(5) section 5724a(g) of this title, to be used by the employee

for miscellaneous expenses related to change of station where

movement or storage of household goods is involved; and

(6) section 5726(c) of this title, for the expenses of

nontemporary storage of household goods and personal effects in

connection with assignment at an isolated location.

(b) Expenses specified in subsection (a) of this section, other

than those in paragraph (1)(C), may not be allowed in connection

with the assignment of a Federal or State or local government

employee under this subchapter, unless and until the employee

agrees in writing to complete the entire period of his assignment

or one year, whichever is shorter, unless separated or reassigned

for reasons beyond his control that are acceptable to the Federal

agency concerned. If the employee violates the agreement, the

money spent by the United States for these expenses is recoverable

from the employee as a debt due the United States. The head of the

Federal agency concerned may waive in whole or in part a right of

recovery under this subsection with respect to a State or local

government employee on assignment with the agency.

(c) Appropriations of a Federal agency are available to pay

expenses under section 5742 of this title with respect to a Federal

or State or local government employee assigned under this

subchapter.

-SOURCE-

(Added Pub. L. 91-648, title IV, Sec. 402(a), Jan. 5, 1971, 84

Stat. 1924; amended Pub. L. 95-454, title VI, Sec. 603(b), (e),

Oct. 13, 1978, 92 Stat. 1190, 1191; Pub. L. 104-201, div. A, title

XVII, Sec. 1723(a)(1)(A), Sept. 23, 1996, 110 Stat. 2758.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(3). Pub. L. 104-201, Sec. 1723(a)(1)(A)(i),

substituted ''section 5724a(a)'' for ''section 5724a(a)(1)''.

Subsec. (a)(4). Pub. L. 104-201, Sec. 1723(a)(1)(A)(ii),

substituted ''section 5724a(c)'' for ''section 5724a(a)(3)''.

Subsec. (a)(5). Pub. L. 104-201, Sec. 1723(a)(1)(A)(iii),

substituted ''section 5724a(g)'' for ''section 5724a(b)''.

1978 - Subsec. (a). Pub. L. 95-454, Sec. 603(b), (e), substituted

''a Federal agency'' for ''an executive agency'' in introductory

text, substituted ''Federal'' for ''executive'' in cl. (1), added

cl. (5), and redesignated former cl. (5) as (6).

Subsec. (b). Pub. L. 95-454, Sec. 603(b), substituted ''the

Federal'' for ''the executive''.

Subsec. (c). Pub. L. 95-454, Sec. 603(b), substituted ''a Federal

agency'' for ''an executive agency''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3703 of this title; title

22 section 4081.

-CITE-

5 USC Sec. 3376 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VI - ASSIGNMENTS TO AND FROM STATES

-HEAD-

Sec. 3376. Regulations

-STATUTE-

The President may prescribe regulations for the administration of

this subchapter.

-SOURCE-

(Added Pub. L. 91-648, title IV, Sec. 402(a), Jan. 5, 1971, 84

Stat. 1925.)

-EXEC-

EX. ORD. NO. 11589. DELEGATION OF FUNCTIONS TO OFFICE OF PERSONNEL

MANAGEMENT

Ex. Ord. No. 11589, Apr. 1, 1971, 36 F.R. 6343, as amended by Ex.

Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me by section 301 of title 3

of the United States Code, and as President of the United States,

it is ordered as follows:

Section 1. The Office of Personnel Management is hereby

designated and empowered to exercise, without the approval,

ratification, or other action of the President, the following:

(a) The authority of the President under section 3376 of title 5

of the United States Code (this section) to prescribe regulations

for the administration of subchapter VI, ''Assignments to and from

States,'' of chapter 33 of that title (this chapter).

(b) The authority of the President under section 205 (a)(4) of

the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App.

2286(a)(4)), and as affected by Reorganization Plan No. 1 of 1958

(72 Stat. 1799) (set out in the Appendix to this title), relating

to the establishment and maintenance of personnel standards on the

merit basis.

Sec. 2. To the extent that section 1(b) of this order is

inconsistent with the provisions of Executive Order No. 10952 of

July 20, 1961, as amended (formerly set out as a note under section

2271 of Title 50, Appendix, War and National Defense), section 1(b)

shall control.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3372 of this title.

-CITE-

5 USC SUBCHAPTER VII - AIR TRAFFIC CONTROLLERS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VII - AIR TRAFFIC CONTROLLERS

.

-HEAD-

SUBCHAPTER VII - AIR TRAFFIC CONTROLLERS

-CITE-

5 USC Sec. 3381 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VII - AIR TRAFFIC CONTROLLERS

-HEAD-

Sec. 3381. Training

-STATUTE-

(a) An air traffic controller with 5 years of service as a

controller who is to be removed as a controller because the

Secretary has determined -

(1) he is medically disqualified for duties as a controller;

(2) he is unable to maintain technical proficiency as a

controller; or

(3) such removal is necessary for the preservation of the

physical or mental health of the controller;

is entitled to not more than the full-time equivalent of 2 years of

training.

(b) During a period of training under this section, a controller

shall be -

(1) retained at his last assigned grade and rate of basic pay

as a controller;

(2) entitled to each increase in rate of basic pay provided

under law; and

(3) excluded from staffing limitations otherwise applicable.

(c) Upon completion of training under this section, a controller

may be -

(1) assigned to other duties in the Executive agency in which

the controller is employed;

(2) released for transfer to another Executive agency; or

(3) involuntarily separated from the service.

The involuntary separation of a controller under this subsection is

not a removal for cause on charges of misconduct, delinquency, or

inefficiency for purposes of section 5595 or section 8336 of this

title.

(d) The Secretary, without regard to section 3324(a) and (b) of

title 31, may pay, or reimburse a controller for, all or part of

the necessary expenses of training provided under this section,

including expenses authorized to be paid under chapter 41 and

subchapter I of chapter 57 of this title, and the costs of other

services or facilities directly related to the training of a

controller.

(e) Except as provided by subsection (d) of this section, the

provisions of chapter 41 of this title, other than sections 4105,

4107(a) and (b), (FOOTNOTE 1) and 4111, shall not apply to training

under this section.

(FOOTNOTE 1) See References in Text note below.

(f) The provisions of this section shall not otherwise affect the

authority of the Secretary to provide training under chapter 41 of

this title or under any other provision of law.

-SOURCE-

(Added Pub. L. 92-297, Sec. 3(a), May 16, 1972, 86 Stat. 142;

amended Pub. L. 96-347, Sec. 1(b), (c)(1), Sept. 12, 1980, 94 Stat.

1150; Pub. L. 97-258, Sec. 3(a)(7), Sept. 13, 1982, 96 Stat. 1063;

Pub. L. 103-226, Sec. 2(b)(1), Mar. 30, 1994, 108 Stat. 112.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Secretary, referred to in subsec. (a), see

section 2109 of this title.

Subsecs. (a) and (b) of section 4107 of this title, referred to

in subsec. (e), were struck out, and subsecs. (c) and (d) of

section 4107 were redesignated (a) and (b), respectively, by Pub.

L. 103-226, Sec. 2(a)(5)(B), Mar. 30, 1994, 108 Stat. 112.

Subsequently, section 4107 was amended generally by Pub. L.

107-296, title XIII, Sec. 1331(a), Nov. 25, 2002, 116 Stat. 2298.

-MISC2-

AMENDMENTS

1994 - Subsec. (e). Pub. L. 103-226 substituted ''4105,'' for

''4105(a),''.

1982 - Subsec. (d). Pub. L. 97-258 substituted ''section 3324(a)

and (b)'' for ''section 529''.

1980 - Subsec. (a). Pub. L. 96-347, Sec. 1(b), substituted

''Secretary'' for ''Secretary of Transportation''.

Subsec. (c)(1). Pub. L. 96-347, Sec. 1(c)(1), substituted ''in

the Executive agency in which the controller is employed'' for ''in

the Department of Transportation''.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 2(c) of Pub. L. 103-226 provided that: ''The amendments

made by this section (amending this section and sections 4101,

4103, 4105, 4107, 4108, 4113, and 4118 of this title and repealing

sections 4106 and 4114 of this title) shall become effective on the

date of enactment of this Act (Mar. 30, 1994).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12,

1980, see section 3 of Pub. L. 96-347, set out as a note under

section 2109 of this title.

EFFECTIVE DATE

Section 10 of Pub. L. 92-297 provided that: ''This Act (enacting

this subchapter and section 2109 of this title, amending sections

3307, 8332, 8334 to 8336, 8339, 8341, 8344 of this title, enacting

provisions set out as notes under this section and section 8335 of

this title, and repealing provisions set out as a note under

section 3307 of this title) shall become effective at the beginning

of the ninetieth day after the date of enactment of this Act (May

16, 1972).''

REPORT TO CONGRESS

Section 9 of Pub. L. 92-297 directed the Secretary of

Transportation to report to Congress no later than 5 years after

May 16, 1972, concerning his operations under the amendments made

by Pub. L. 92-297, including a detailed statement of the

effectiveness of Pub. L. 92-297 in meeting the needs of the Air

Traffic Controller career program and of the air traffic control

system plus recommendations for the management of the program or

the system.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3382, 3383 of this title.

-CITE-

5 USC Sec. 3382 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VII - AIR TRAFFIC CONTROLLERS

-HEAD-

Sec. 3382. Involuntary separation for retirement

-STATUTE-

An air traffic controller who is eligible for immediate

retirement under section 8336 of this title may be separated

involuntarily from the service if the Secretary determines that the

separation of the controller is necessary in the interest of -

(1) aviation safety;

(2) the efficient control of air traffic; or

(3) the preservation of the physical or mental health of the

controller.

Chapter 75 of this title does not apply to a determination or

action under this section. Separation under this section shall not

become final, without the consent of the controller, until the last

day of the second month following the day the controller receives a

notification of the determination by the Secretary under this

section, or, if a review is requested under section 3383 of this

title, the last day of the month in which a final decision is

issued by a board of review under section 3383(c) of this title,

whichever is later. A controller who is to be separated under this

section is entitled to training under section 3381 of this title.

Separation of such a controller who elects to receive training

under section 3381 shall not become final until the last day of the

month following the completion of his training.

-SOURCE-

(Added Pub. L. 92-297, Sec. 3(a), May 16, 1972, 86 Stat. 142;

amended Pub. L. 96-347, Sec. 1(b), Sept. 12, 1980, 94 Stat. 1150.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Secretary, referred to in text, see section

2109 of this title.

-MISC2-

AMENDMENTS

1980 - Pub. L. 96-347 in provisions preceding par. (1)

substituted ''Secretary determines'' for ''Secretary of

Transportation determines''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12,

1980, see section 3 of Pub. L. 96-347, set out as a note under

section 2109 of this title.

EFFECTIVE DATE

Section effective on 90th day after May 16, 1972, see section 10

of Pub. L. 92-297, set out as a note under section 3381 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3383 of this title.

-CITE-

5 USC Sec. 3383 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VII - AIR TRAFFIC CONTROLLERS

-HEAD-

Sec. 3383. Determinations; review procedures

-STATUTE-

(a) An air traffic controller subject to a determination by the

Secretary under section 3381(a) or section 3382 of this title,

shall be furnished a written notice of the determination and the

reasons therefor, and a notification that the controller has 15

days after the receipt of the notification within which to file a

written request for reconsideration of the determination. Unless

the controller files such a request within the 15 days, or unless

the determination is rescinded by the Secretary within the 15 days,

the determination shall be final.

(b) If the Secretary does not rescind his determination within 15

days after his receipt of the written request filed by the

controller under subsection (a) of this section, the Secretary

shall immediately convene a board of review, consisting of -

(1) a person designated by the controller;

(2) a representative of the Executive agency in which the

controller is employed designated by the Secretary; and

(3) a representative of the Merit Systems Protection Board,

designated by the Chairman, who shall serve as chairman of the

board of review.

(c) The board of review shall review evidence supporting and

inconsistent with the determination of the Secretary and, within a

period of 30 days after being convened, shall issue its findings

and furnish copies thereof to the Secretary and the controller.

The board may approve or rescind the determination of the

Secretary. A decision by the board under this subsection is final.

The Secretary shall take such action as may be necessary to carry

out the decision of the board.

(d) Except as provided under section 3382 of this title, the

review procedure of this section is in addition to any other review

or appeal procedures provided under any other provision of law, but

is the sole and exclusive administrative remedy available to a

controller within the Executive agency in which such controller is

employed.

-SOURCE-

(Added Pub. L. 92-297, Sec. 3(a), May 16, 1972, 86 Stat. 143;

amended Pub. L. 95-454, title IX, Sec. 906(a)(6), Oct. 13, 1978, 92

Stat. 1225; Pub. L. 96-347, Sec. 1(b), (c)(2), (3), Sept. 12, 1980,

94 Stat. 1150.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Secretary, referred to in text, see section

2109 of this title.

-MISC2-

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-347, Sec. 1(b), substituted

''Secretary under'' for ''Secretary of Transportation under''.

Subsec. (b)(2). Pub. L. 96-347, Sec. 1(c)(2), substituted ''the

Executive agency in which the controller is employed'' for ''the

Department of Transportation''.

Subsec. (d). Pub. L. 96-347, Sec. 1(c)(3), substituted ''within

the Executive agency in which such controller is employed'' for

''within the Department of Transportation''.

1978 - Subsec. (b)(3). Pub. L. 95-454 substituted ''Merit Systems

Protection Board'' for ''Civil Service Commission''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12,

1980, see section 3 of Pub. L. 96-347, set out as a note under

section 2109 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

EFFECTIVE DATE

Section effective on 90th day after May 16, 1972, see section 10

of Pub. L. 92-297, set out as a note under section 3381 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3382 of this title.

-CITE-

5 USC Sec. 3384 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VII - AIR TRAFFIC CONTROLLERS

-HEAD-

Sec. 3384. Regulations

-STATUTE-

The Secretary is authorized to issue regulations to carry out the

provisions of this subchapter.

-SOURCE-

(Added Pub. L. 92-297, Sec. 3(a), May 16, 1972, 86 Stat. 143;

amended Pub. L. 96-347, Sec. 1(b), Sept. 12, 1980, 94 Stat. 1150.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Secretary, referred to in text, see section

2109 of this title.

-MISC2-

AMENDMENTS

1980 - Pub. L. 96-347 substituted ''Secretary'' for ''Secretary

of Transportation''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12,

1980, see section 3 of Pub. L. 96-347, set out as a note under

section 2109 of this title.

EFFECTIVE DATE

Section effective on 90th day after May 16, 1972, see section 10

of Pub. L. 92-297, set out as a note under section 3381 of this

title.

-CITE-

5 USC Sec. 3385 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VII - AIR TRAFFIC CONTROLLERS

-HEAD-

Sec. 3385. Effect on other authority

-STATUTE-

This subchapter shall not limit the authority of the Secretary to

reassign temporarily an air traffic controller to other duties with

or without notice, in the interest of the safe or efficient

separation and control of air traffic or the physical or mental

health of a controller; or to reassign permanently or separate a

controller under any other provision of law.

-SOURCE-

(Added Pub. L. 92-297, Sec. 3(a), May 16, 1972, 86 Stat. 143;

amended Pub. L. 96-347, Sec. 1(b), Sept. 12, 1980, 94 Stat. 1150.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Secretary, referred to in text, see section

2109 of this title.

-MISC2-

AMENDMENTS

1980 - Pub. L. 96-347 substituted ''Secretary'' for ''Secretary

of Transportation''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12,

1980, see section 3 of Pub. L. 96-347, set out as a note under

section 2109 of this title.

EFFECTIVE DATE

Section effective on 90th day after May 16, 1972, see section 10

of Pub. L. 92-297, set out as a note under section 3381 of this

title.

-CITE-

5 USC SUBCHAPTER VIII - APPOINTMENT, REASSIGNMENT,

TRANSFER, AND DEVELOPMENT IN THE SENIOR

EXECUTIVE SERVICE 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VIII - APPOINTMENT, REASSIGNMENT, TRANSFER, AND

DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE

.

-HEAD-

SUBCHAPTER VIII - APPOINTMENT, REASSIGNMENT, TRANSFER, AND

DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE

-MISC1-

PRIOR PROVISIONS

A prior subchapter VIII, added Pub. L. 95-437, Sec. 3(a), Oct.

10, 1978, 92 Stat. 1056, which related to part-time career

employment opportunities, was redesignated as chapter 34 of this

title by Pub. L. 95-454, title IX, Sec. 906(c)(1)(A), Oct. 13,

1978, 92 Stat. 1226.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1204, 1212 of this

title; title 38 section 7425; title 42 section 7384o; title 44

section 2105.

-CITE-

5 USC Sec. 3391 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VIII - APPOINTMENT, REASSIGNMENT, TRANSFER, AND

DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 3391. Definitions

-STATUTE-

For the purpose of this subchapter, ''agency'', ''Senior

Executive Service position'', ''senior executive'', ''career

appointee'', ''limited term appointee'', ''limited emergency

appointee'', ''noncareer appointee'', and ''general position'' have

the meanings set forth in section 3132(a) of this title.

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 403(a), Oct. 13, 1978, 92

Stat. 1161.)

-MISC1-

PRIOR PROVISIONS

A prior section 3391, added Pub. L. 95-437, Sec. 3(a), Oct. 10,

1978, 92 Stat. 1056, which related to definitions for part-time

career employment opportunities, was renumbered as section 3401 of

this title by Pub. L. 95-454, title IX, Sec. 906(c)(1)(B), Oct. 13,

1978, 92 Stat. 1226.

EFFECTIVE DATE

Subchapter effective 9 months after Oct. 13, 1978, and

congressional review of provisions of sections 401 through 412 of

Pub. L. 95-454, see section 415(a)(1), (b) of Pub. L. 95-454, set

out as an Effective Date note under section 3131 of this title.

-CITE-

5 USC Sec. 3392 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VIII - APPOINTMENT, REASSIGNMENT, TRANSFER, AND

DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 3392. General appointment provisions

-STATUTE-

(a) Qualification standards shall be established by the head of

each agency for each Senior Executive Service position in the

agency -

(1) in accordance with requirements established by the Office

of Personnel Management, with respect to standards for career

reserved positions, and

(2) after consultation with the Office, with respect to

standards for general positions.

(b) Not more than 30 percent of the Senior Executive Service

positions authorized under section 3133 of this title may at any

time be filled by individuals who did not have 5 years of current

continuous service in the civil service immediately preceding their

initial appointment to the Senior Executive Service, unless the

President certifies to the Congress that the limitation would

hinder the efficiency of the Government. In applying the preceding

sentence, any break in service of 3 days or less shall be

disregarded.

(c)(1) If a career appointee is appointed by the President, by

and with the advice and consent of the Senate, to a civilian

position in the executive branch which is not in the Senior

Executive Service, and the rate of basic pay payable for which is

equal to or greater than the rate payable for level V of the

Executive Schedule, the career appointee may elect (at such time

and in such manner as the Office may prescribe) to continue to have

the provisions of this title relating to basic pay, performance

awards, awarding of ranks, severance pay, leave, and retirement

apply as if the career appointee remained in the Senior Executive

Service position from which he was appointed. Such provisions

shall apply in lieu of the provisions which would otherwise apply -

(A) to the extent provided under regulations prescribed by the

Office, and

(B) so long as the appointee continues to serve under such

Presidential appointment.

(2) An election under paragraph (1) may also be made by any

career appointee who is appointed to a civilian position in the

executive branch -

(A) which is not in the Senior Executive Service; and

(B) which is covered by the Executive Schedule, or the rate of

basic pay for which is fixed by statute at a rate equal to 1 of

the levels of the Executive Schedule.

An election under this paragraph shall remain effective so long as

the appointee continues to serve in the same position.

(d) Appointment or removal of a person to or from any Senior

Executive Service position in an independent regulatory commission

shall not be subject, directly or indirectly, to review or approval

by any officer or entity within the Executive Office of the

President.

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 403(a), Oct. 13, 1978, 92

Stat. 1161; amended Pub. L. 101-335, Sec. 7(a), July 17, 1990, 104

Stat. 325.)

-REFTEXT-

REFERENCES IN TEXT

The Executive Schedule, referred to in subsec. (c), is set out as

section 5311 et seq. of this title.

-MISC2-

PRIOR PROVISIONS

A prior section 3392, added Pub. L. 95-437, Sec. 3(a), Oct. 10,

1978, 92 Stat. 1056, which related to the establishment of

part-time career employment programs, was renumbered as section

3402 of this title by Pub. L. 95-454, title IX, Sec. 906(c)(1)(B),

Oct. 13, 1978, 92 Stat. 1226.

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-335 designated existing

provisions as par. (1), redesignated former pars. (1) and (2) as

subpars. (A) and (B), respectively, and added par. (2).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 7(b)(1) of Pub. L. 101-335 provided that: ''The

amendments made by this section (amending this section) shall take

effect on the date of enactment of this Act (July 17, 1990).''

ELECTION BY PERSONS PREVIOUSLY APPOINTED; RETROACTIVE PERFORMANCE

AWARDS

Section 7(b)(2), (3) of Pub. L. 101-335, as amended by Pub. L.

102-378, Sec. 7(a), Oct. 2, 1992, 106 Stat. 1359, provided that:

''(2) Election by persons previously appointed. - The Office of

Personnel Management shall prescribe regulations (including

procedures and deadlines) under which an election under section

3392(c)(2) of title 5, United States Code (as amended by this

section) may be made by any individual who -

''(A) on the date of enactment of this Act (July 17, 1990), is

serving in a civilian position in the executive branch which -

''(i) is not in the Senior Executive Service; and

''(ii) satisfies section 3392(c)(2)(B) of such title 5 (as so

amended);

''(B) was appointed to that position on or after November 1,

1986, and has served continuously in such position since then;

''(C) was a career appointee (within the meaning of section

3132(a)(4) of such title 5) immediately before having been so

appointed; and

''(D) was not, based on such individual's appointment to the

position described in subparagraph (A), eligible to make an

election under section 3392(c) of such title 5 (as then in

effect).

An election under this paragraph shall be effective as of the date

of appointment to the position described in subparagraph (A).

''(3) Retroactive performance awards. - If an individual elects

under paragraph (2) to continue to be subject to performance

awards, the head of the agency in which such individual is serving

shall determine whether to grant retroactive performance awards for

any fiscal years prior to fiscal year 1991 to such individual, and

the amount of any such awards, without regard to the provisions of

subsection (b) of section 5383 of title 5, United States Code, and

subsections (b) and (c) of section 5384 of such title. Before

granting an award, the head of the agency shall make a written

determination that the individual's performance during the fiscal

year for which the award is given was at least fully successful,

and shall consider the recommendation of the agency's performance

review board with respect to the award. No such award for

performance during any fiscal year may be less than 5 percent nor

more than 15 percent of the individual's rate of basic pay as of

the end of such fiscal year.''

(Pub. L. 102-378, Sec. 7(b), Oct. 2, 1992, 106 Stat. 1359,

provided that: ''The amendment made by subsection (a) (enacting

section 7(b)(3) of Pub. L. 101-335, set out above) shall be

effective as if enacted as a part of section 7 of the Thrift

Savings Plan Technical Amendments Act of 1990 (Pub. L. 101-335).'')

-CITE-

5 USC Sec. 3393 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VIII - APPOINTMENT, REASSIGNMENT, TRANSFER, AND

DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 3393. Career appointments

-STATUTE-

(a) Each agency shall establish a recruitment program, in

accordance with guidelines which shall be issued by the Office of

Personnel Management, which provides for recruitment of career

appointees from -

(1) all groups of qualified individuals within the civil

service; or

(2) all groups of qualified individuals whether or not within

the civil service.

(b) Each agency shall establish one or more executive resources

boards, as appropriate, the members of which shall be appointed by

the head of the agency from among employees of the agency or

commissioned officers of the uniformed services serving on active

duty in such agency. The boards shall, in accordance with merit

staffing requirements established by the Office, conduct the merit

staffing process for career appointees, including -

(1) reviewing the executive qualifications of each candidate

for a position to be filled by a career appointee; and

(2) making written recommendations to the appropriate

appointing authority concerning such candidates.

(c)(1) The Office shall establish one or more qualifications

review boards, as appropriate. It is the function of the boards to

certify the executive qualifications of candidates for initial

appointment as career appointees in accordance with regulations

prescribed by the Office. Of the members of each board more than

one-half shall be appointed from among career appointees.

Appointments to such boards shall be made on a non-partisan basis,

the sole selection criterion being the professional knowledge of

public management and knowledge of the appropriate occupational

fields of the intended appointee.

(2) The Office shall, in consultation with the various

qualification review boards, prescribe criteria for establishing

executive qualifications for appointment of career appointees. The

criteria shall provide for -

(A) consideration of demonstrated executive experience;

(B) consideration of successful participation in a career

executive development program which is approved by the Office;

and

(C) sufficient flexibility to allow for the appointment of

individuals who have special or unique qualities which indicate a

likelihood of executive success and who would not otherwise be

eligible for appointment.

(d) An individual's initial appointment as a career appointee

shall become final only after the individual has served a 1-year

probationary period as a career appointee.

(e) Each career appointee shall meet the executive qualifications

of the position to which appointed, as determined in writing by the

appointing authority.

(f) The title of each career reserved position shall be published

in the Federal Register.

(g) A career appointee may not be removed from the Senior

Executive Service or civil service except in accordance with the

applicable provisions of sections 1215,, (FOOTNOTE 1) 3592, 3595,

7532, or 7543 of this title.

(FOOTNOTE 1) So in original.

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 403(a), Oct. 13, 1978, 92

Stat. 1161; amended Pub. L. 97-35, title XVII, Sec. 1704(c), Aug.

13, 1981, 95 Stat. 758; Pub. L. 98-615, title III, Sec. 306(b)(1),

Nov. 8, 1984, 98 Stat. 3220; Pub. L. 101-12, Sec. 9(b), Apr. 10,

1989, 103 Stat. 35; Pub. L. 101-194, title V, Sec. 506(b)(2), Nov.

30, 1989, 103 Stat. 1758; Pub. L. 101-280, Sec. 6(d)(1), May 4,

1990, 104 Stat. 160; Pub. L. 107-296, title XIII, Sec.

1321(a)(1)(A), Nov. 25, 2002, 116 Stat. 2296.)

-MISC1-

PRIOR PROVISIONS

A prior section 3393, added Pub. L. 95-437, Sec. 3(a), Oct. 10,

1978, 92 Stat. 1057, which related to limitations concerning

part-time career employment opportunities, was renumbered as

section 3403 of this title by Pub. L. 95-454, title IX, Sec.

906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.

AMENDMENTS

2002 - Subsec. (g). Pub. L. 107-296 struck out ''3393a'' after

''1215,''.

1990 - Subsec. (g). Pub. L. 101-280 made technical correction to

directory language of Pub. L. 101-194, see 1989 Amendment below.

1989 - Subsec. (g). Pub. L. 101-194, as amended by Pub. L.

101-280, inserted ''3393a,'' after ''1215,''.

Pub. L. 101-12 substituted ''1215'' for ''1207''.

1984 - Subsec. (b). Pub. L. 98-615 inserted provision referring

to commissioned officers of the uniformed services serving on

active duty in such agency in provisions preceding par. (1).

1981 - Subsec. (g). Pub. L. 97-35 added subsec. (g).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1989 AMENDMENTS

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section

506(d) of Pub. L. 101-194, set out as a note under section 3151 of

this title.

Amendment by Pub. L. 101-12 effective 90 days following Apr. 10,

1989, see section 11 of Pub. L. 101-12, set out as a note under

section 1201 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 307 of title III of Pub. L. 98-615 provided that: ''The

amendments made by this title (enacting section 3595a of this

title, amending this section and sections 3135, 3593 to 3595, 4312,

5383, and 5384 of this title, and enacting provisions set out as a

note under section 3131 of this title) shall be effective following

the expiration of the 90-day period beginning on the date of

enactment of this Act (Nov. 8, 1984), except that the amendments

made by section 304 (amending sections 3395, 3595, 7543, and 8336

of this title) shall be effective as of such date of enactment.''

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective June 1, 1981, with certain

exceptions and conditions, see section 1704(e) of Pub. L. 97-35,

set out as an Effective Date note under section 3595 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3592, 3593, 3594, 3595,

7541 of this title.

-CITE-

5 USC Sec. 3393a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VIII - APPOINTMENT, REASSIGNMENT, TRANSFER, AND

DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE

-HEAD-

(Sec. 3393a. Repealed. Pub. L. 107-296, title XIII, Sec.

1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296)

-MISC1-

Section, added Pub. L. 101-194, title V, Sec. 506(a)(1), Nov. 30,

1989, 103 Stat. 1756, related to recertification of career

appointees.

EFFECTIVE DATE OF REPEAL

Repeal effective 60 days after Nov. 25, 2002, see section 4 of

Pub. L. 107-296, set out as an Effective Date note under section

101 of Title 6, Domestic Security.

-CITE-

5 USC Sec. 3394 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT

SUBCHAPTER VIII - APPOINTMENT, REASSIGNMENT, TRANSFER, AND

DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 3394. Noncareer and limited appointments

-STATUTE-

(a) Each noncareer appointee, limited term appointee, and limited

emergency appointee shall meet the qualifications of the position

to which appointed, as determined in writing by the appointing

authority.

(b) An individual may not be appointed as a limited term

appointee or as a limited emergency appointee without the prior

approval of the exercise of su