-CITE-
    5 USC CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT    01/03/2007

-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      Repealed.]                                            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     Repealed.]                                            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.(!1)                                   
    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.(!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, Secs. 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. 102-484, 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, Secs. 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, Secs. 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".

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


-End-


-CITE-
    5 USC SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND
           APPOINTMENT                                     01/03/2007

-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    

-End-



-CITE-
    5 USC Sec. 3301                                             01/03/2007

-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. 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                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 631 (less       R.S. Sec. 1753 (less last   
                     last 16 words).          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, directed executive agencies and the Department of
    Defense, in filling vacant positions, to give full consideration to
    the applications of certain individuals who became displaced
    employees before Oct. 1, 1997, before selecting any candidate from
    outside the agency for the position.

              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. 10675, Aug. 21, 1956, 21 F.R.
    6327; Ex. Ord. No. 10745, Dec. 12, 1957, 22 F.R. 10025; Ex. Ord.
    No. 12107, Sec. 2-101(a), Dec. 28, 1978, 44 F.R. 1055, amended
    generally the Civil Service Rules, provided for transition from the
    indefinite appointment system to the career-conditional appointment
    system, and revoked Ex. Ord. No. 9830, Feb. 24, 1947, 12 F.R. 1259;
    Ex. Ord. No. 9973, June 28, 1948, 13 F.R. 3600; Ex. Ord. No. 10180,
    Nov. 13, 1950, 15 F.R. 7745; Ex. Ord. No. 10440, Mar. 31, 1953, 18
    F.R. 1823; and Ex. Ord. No. 10463, June 25, 1953, 18 F.R. 3655. The
    Civil Service Rules are set out in Parts 1 to 10 of Title 5, Code
    of Federal Regulations. The Civil Service Rules were also amended
    by the following Executive Orders:
      Ex. Ord. No. 10641, Oct. 26, 1955, 20 F.R. 8137, as amended by
    Ex. Ord. No. 12107, Sec. 2-101(a), Dec. 28, 1978, 44 F.R. 1055.
      Ex. Ord. No. 10869, Mar. 9, 1960, 25 F.R. 2073.
      Ex. Ord. No. 11315, Nov. 17, 1966, 31 F.R. 14729, as amended by
    Ex. Ord. No. 12107, Sec. 2-101(a), Dec. 28, 1978, 44 F.R. 1055.
      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, as amended by
    Ex. Ord. No. 12107, Sec. 2-101(a), Dec. 28, 1978, 44 F.R. 1055.
      Ex. Ord. No. 12021, Nov. 30, 1977, 42 F.R. 61237.
      Ex. Ord. No. 12043, Mar. 7, 1978, 43 F.R. 9773, as amended by Ex.
    Ord. No. 12107, Sec. 2-101(a), Dec. 28, 1978, 44 F.R. 1055.
      Ex. Ord. No. 12125, Mar. 15, 1979, 44 F.R. 16879.
      Ex. Ord. No. 12148, Sec. 5-212, July 20, 1979, 44 F.R. 43239, set
    out in a note under section 5195 of Title 42, The Public Health and
    Welfare.
      Ex. Ord. No. 12300, Mar. 23, 1981, 46 F.R. 18683, which was
    superseded by Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 61519.
      Ex. Ord. No. 12748, Sec. 8(a), Feb. 1, 1991, 56 F.R. 4521, set
    out as a note under section 5301 of this title.
      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.

                         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.

                         EXECUTIVE ORDER NO. 11315                     
      Ex. Ord. No. 11315, Nov. 17, 1966, 31 F.R. 14729, as amended by
    Ex. Ord. No. 12107, Sec. 2-101(a), Dec. 28, 1978, 44 F.R. 1055,
    added Civil Service Rule IX and amended Civil Service Rule VI,
    provided for transition to the full establishment of executive
    assignments under Rule IX, and delegated responsibility for the
    administration of the executive assignment system established by
    this Order to the Office of Personnel Management and heads of
    agencies affected by Rule IX. Civil Service Rule IX, as established
    by this Order, was revoked by Ex. Ord. No. 12748, Sec. 8(a), Feb.
    1, 1991, 56 F.R. 4521, set out under section 5301 of this title.

                         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. 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, formerly 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.

                         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.

                         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. 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.

                         EXECUTIVE ORDER NO. 12364                     
      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, which related to
    the Presidential Management Intern Program, was superseded by Ex.
    Ord. No. 13318, Nov. 21, 2003, 68 F.R. 66317, set out below.

       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), 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. 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) [Amended Civil Service Rule III.]
      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.

        EX. ORD. NO. 13318. PRESIDENTIAL MANAGEMENT FELLOWS PROGRAM    
      Ex. Ord. No. 13318, Nov. 21, 2003, 68 F.R. 66317, 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 outstanding employees
    for service in public sector management, it is hereby ordered as
    follows:
      Section 1. There is hereby constituted the Presidential
    Management Fellows Program. The purpose of the Program is to
    attract to the Federal service outstanding men and women from a
    variety of academic disciplines and career paths who have a clear
    interest in, and commitment to, excellence in the leadership and
    management of public policies and programs. Individuals selected
    for the Program shall be known as Presidential Management Fellows
    (PMFs) or Senior Presidential Management Fellows (Senior PMFs).
      Sec. 2. (a) Individuals eligible for appointment as a PMF under
    this order are those who, in pursuing a course of study at the
    graduate level, have demonstrated both exceptional ability and the
    commitment to which section 1 refers. Such individuals at the time
    of application must have received, or must expect to receive soon
    thereafter, an appropriate advanced degree as defined by the
    Director of the Office of Personnel Management (OPM).
      (b) Individuals eligible for appointment as a Senior PMF under
    this order are those who have, through extensive work experience,
    demonstrated both exceptional leadership or analytical ability and
    the commitment to which section 1 refers.
      Sec. 3. The Director of OPM shall prescribe appropriate merit-
    based rules for the recruitment, nomination, assessment,
    selection, appointment, placement, and continuing career
    development of fellows, including rules that:
      (a) reserve to the head of a department or agency or component
    within the Executive Office of the President (EOP) the authority to
    appoint a fellow who is to be employed in that department, agency,
    or component;
      (b) provide for nomination by universities and colleges, through
    competitive selection processes, of eligible individuals for
    consideration for appointment as PMFs;
      (c) carry out the policy of the United States to ensure equal
    employment opportunities for employees without discrimination
    because of race, color, religion, sex, or national origin; and
      (d) ensure the application of appropriate veterans' preference
    criteria.
      Sec. 4. (a) Fellows shall be appointed to positions in either:
      (1) Schedule A of the excepted service; or
      (2) an agency or component within the EOP excepted from the
    competitive service.
      (b) Appointments under subsection (a) shall not exceed 2 years in
    duration unless extended by the head of the department or agency or
    component within the EOP, with the concurrence of the Director of
    OPM, for a period not to exceed 1 additional year.
      (c) The following principles and policies shall govern service
    and tenure by fellows:
      (1) responsibilities assigned to a PMF shall be consistent with
    the PMF's educational background and career interests, and the
    purposes of the Program; and responsibilities assigned to a Senior
    PMF shall be consistent with the Senior PMF's experience and career
    interests, and the purposes of the Program;
      (2) continuation of a fellow's appointment shall be contingent
    upon satisfactory performance by the fellow throughout the
    fellowship appointment;
      (3) except as provided in paragraph (4) of this subsection,
    service as a fellow shall confer no right to further Federal
    employment in either the competitive or excepted service upon the
    expiration of the fellow's appointment; and
      (4) competitive civil service status may be granted to a fellow
    who satisfactorily completes the Program and meets such other
    requirements as the Director of OPM may prescribe. A fellow
    appointed by an agency excepted from the competitive service may
    also be appointed to a permanent position in an excepted service
    agency without further competition.
      Sec. 5. The Director of OPM shall provide for an orderly
    transition, including with respect to nominations, selection
    processes, and appointments, from the Presidential Management
    Intern Program established by Executive Order 12364 [formerly set
    out above] of May 24, 1982, to the Presidential Management Fellows
    Program established by this order. Until that transition is
    provided for, individuals who were selected or appointed under the
    provisions of Executive Order 12364 and who have not completed
    their scheduled periods of excepted service are hereby redesignated
    as Presidential Management Fellows, and continue their internships
    under the terms of Executive Order 12364.
      Sec. 6. The Director of OPM shall prescribe such regulations as
    may be necessary to carry out the purposes of this order.
      Sec. 7. Executive Order 12364 [formerly set out above] is
    superseded, except as provided in section 5 of this order.
      Sec. 8. This order is not intended to, and does not, create any
    right or benefit, substantive or procedural, enforceable at law or
    in equity by any party against the United States, its departments,
    agencies, instrumentalities or entities, its officers or employees,
    or any other person.
                                                         George W. Bush.

-End-



-CITE-
    5 USC Sec. 3302                                             01/03/2007

-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. 27, Sec. 
                     (less function of        2(1) (less function of     
                     Civil Service            Civil Service Commission), 
                     Commission), (2)8        (2) 8 (last sentence), 22  
                     (last sentence).         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 [now Government Accountability
    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.

-End-



-CITE-
    5 USC Sec. 3303                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3304                                             01/03/2007

-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)(i) the Office of Personnel Management has determined that
        there exists a severe shortage of candidates or there is a
        critical hiring need; or
          (ii) the candidate is a participant in the Science,
        Mathematics, and Research for Transformation (SMART) Defense
        Defense (!1) Education Program under section 2192a of title 10,
        United States Code.


    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, Secs. 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; Pub. L. 108-375,
    div. A, title XI, Sec. 1105(g), Oct. 28, 2004, 118 Stat. 2075; Pub.
    L. 109-163, div. A, title XI, Sec. 1104(e)(2), Jan. 6, 2006, 119
    Stat. 3450.)

-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. 27, Sec. 
                     (less last 17 words).     2(2)7 (less last 17 words),
                                              22 Stat. 404.              
    (b)             5 U.S.C. 638 (as         Jan. 16, 1883, ch. 27, Sec. 
                     applicable to            7 (as applicable to        
                     appointment).            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. 27, Sec. 
                     sentence).               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                            
      2006 - Subsec. (a)(3)(B)(ii). Pub. L. 109-163 substituted
    "Defense Education Program" for "Scholarship Pilot Program" and
    "section 2192a of title 10, United States Code." for "section 1105
    of the Ronald W. Reagan National Defense Authorization Act for
    Fiscal Year 2005."
      2004 - Subsec. (a)(3)(B). Pub. L. 108-375 added subpar. (B) and
    struck out former subpar. (B) which read as follows: "the Office of
    Personnel Management has determined that there exists a severe
    shortage of candidates or there is a critical hiring need."
      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.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    5 USC Sec. 3304a                                            01/03/2007

-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."

-End-



-CITE-
    5 USC Sec. 3305                                             01/03/2007

-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. 27, Sec. 
                     24 words of 6th          3 (last 24 words of 6th    
                     sentence).               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 [Secs. 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.

-End-



-CITE-
    5 USC Sec. 3306                                             01/03/2007

-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.

-MISC1-
    [Sec. 3306. Repealed. Pub. L. 95-228, Sec. 1, Feb. 10, 1978, 92
      Stat. 25].
      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.

-End-



-CITE-
    5 USC Sec. 3307                                             01/03/2007

-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. 452,     
                     proviso).                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.

-End-



-CITE-
    5 USC Sec. 3308                                             01/03/2007

-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. 287,     
                     1st 2 sentences).        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.

-End-



-CITE-
    5 USC Sec. 3309                                             01/03/2007

-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. 287,     
                     sentence).               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.

-End-



-CITE-
    5 USC Sec. 3310                                             01/03/2007

-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. 287,     
                     sentence).               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.

-End-



-CITE-
    5 USC Sec. 3311                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3312                                             01/03/2007

-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. 287,     
                     sentences, less so       Sec. 5 (1st 2 sentences,   
                     much as relates to       less so much as relates to 
                     promotion,               promotion, retention, and  
                     retention, and           transfer), 58 Stat. 388.   
                     transfer).                                          
    --------------------------------------------------------------------

      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.

-End-



-CITE-
    5 USC Sec. 3313                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3314                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3315                                             01/03/2007

-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. 287 Sec. 
                     sentence).               15 (1st sentence), 58 Stat.
                                              391.                       
    (b)             5 U.S.C. 863 (2d         June 27, 1944, ch. 287,     
                     proviso).                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.

-End-



-CITE-
    5 USC Sec. 3315a                                            01/03/2007

-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.

-MISC1-
    [Sec. 3315a. Repealed. Pub. L. 93-416, Sec. 22(c), Sept. 7, 1974,
      88 Stat. 1150].
      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.

-End-



-CITE-
    5 USC Sec. 3316                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3317                                             01/03/2007

-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. 287,     
                     sentence and 2d          Sec. 8 (1st sentence and 2d
                     proviso).                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.

-End-



-CITE-
    5 USC Sec. 3318                                             01/03/2007

-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. 287,     
                     1st sentence, 2d         Sec. 8 (less 1st sentence, 
                     proviso, and last        2d proviso, and last       
                     sentence).               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. 287,     
                     1st sentence).           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.

-End-



-CITE-
    5 USC Sec. 3319                                             01/03/2007

-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.


-MISC1-
                             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.

-End-



-CITE-
    5 USC Sec. 3320                                             01/03/2007

-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].

-End-



-CITE-
    5 USC Sec. 3321                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3322                                             01/03/2007

-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.

-MISC1-
    [Sec. 3322. Repealed. Pub. L. 95-256, Sec. 5(b)(1), Apr. 6, 1978,
      92 Stat. 191].
      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.

-End-



-CITE-
    5 USC Sec. 3323                                             01/03/2007

-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, 701l.    June 20, 1938, ch. 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.

-End-



-CITE-
    5 USC Sec. 3324                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3325                                             01/03/2007

-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. L.      
                     (2d sentence).           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.

-End-



-CITE-
    5 USC Sec. 3326                                             01/03/2007

-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. L.      
                     applicable to 5          88-448, Sec. 101 (as       
                     U.S.C. 3103).            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.

-End-



-CITE-
    5 USC Sec. 3327                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3328                                             01/03/2007

-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."

-End-



-CITE-
    5 USC Sec. 3329                                             01/03/2007

-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) (!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.

      (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.


-MISC1-
                                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."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    5 USC Sec. 3330                                             01/03/2007

-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 Government Accountability 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; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat.
    814.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      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).

-End-



-CITE-
    5 USC Sec. 3330a                                            01/03/2007

-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) 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.
      (B) A veteran described in section 3304(f)(1) who alleges that an
    agency has violated such section with respect to such veteran 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;
    amended Pub. L. 108-454, title VIII, Sec. 804(a), Dec. 10, 2004,
    118 Stat. 3626.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-454 designated existing
    provisions as subpar. (A) and added subpar. (B).

-End-



-CITE-
    5 USC Sec. 3330b                                            01/03/2007

-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, or a
    veteran described by section 3330a(a)(1)(B) with respect to a
    violation described by such section, 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;
    amended Pub. L. 108-454, title VIII, Sec. 804(b), Dec. 10, 2004,
    118 Stat. 3626.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-454, which directed insertion of
    ", or a veteran described by section 3330a(a)(1)(B) with respect to
    a violation described by such section," after "a preference
    eligible" in subsec. (a) of section 3330b, without specifying the
    Code title to be amended, was executed by making the insertion in
    subsec. (a) of this section, to reflect the probable intent of
    Congress.

-End-



-CITE-
    5 USC Sec. 3330c                                            01/03/2007

-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.)

-End-


-CITE-
    5 USC SUBCHAPTER II - OATH OF OFFICE                        01/03/2007

-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                  

-End-



-CITE-
    5 USC Sec. 3331                                             01/03/2007

-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, Secs. 
                                              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.

-End-



-CITE-
    5 USC Sec. 3332                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3333                                             01/03/2007

-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.

-End-


-CITE-
    5 USC SUBCHAPTER III - DETAILS, VACANCIES, AND
           APPOINTMENTS                                    01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3341                                             01/03/2007

-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, the term "base closure law" has
    the meaning given such term in section 101(a)(17) of title 10.

-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; Pub. L. 109-
    163, div. A, title X, Sec. 1056(a)(4), Jan. 6, 2006, 119 Stat.
    3439.)

-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.

                                AMENDMENTS                            
      2006 - Subsec. (c). Pub. L. 109-163 amended subsec. (c)
    generally. Prior to amendment, subsec. (c) defined the terms "base
    closure law" and "military installation" for purposes of this
    section.
      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.

-End-



-CITE-
    5 USC Sec. 3342                                             01/03/2007

-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.

-MISC1-
    [Sec. 3342. Repealed. Pub. L. 102-378, Sec. 2(13)(A), Oct. 2, 1992,
      106 Stat. 1347].
      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.

-End-



-CITE-
    5 USC Sec. 3343                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3344                                             01/03/2007

-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. 324,     
                     sentence).               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.

-End-



-CITE-
    5 USC Sec. 3345                                             01/03/2007

-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 Government
    Accountability 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; amended Pub. L. 108-271, Sec. 8(b), July
    7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Schedule, referred to in subsec. (a)(3)(B), is set
    out under section 5332 of this title.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office" in
    introductory provisions.

                             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.

                         EXECUTIVE ORDER NO. 13000                     
      Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 18483, which provided
    an order of succession of officers to act as Secretary of Defense,
    was revoked by Ex. Ord. No. 13394, Sec. 5, Dec. 22, 2005, 70 F.R.
    76666, set out below.

      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, as amended by
    Ex. Ord. No. 13344, July 7, 2004, 69 F.R. 41747, 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, Office of Solid Waste;
      (b) Assistant Administrator for Toxic Substances;
      (c) Assistant Administrator (Air and Radiation).[;]
      (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.

    EX. ORD. NO. 13370. PROVIDING AN ORDER OF SUCCESSION IN THE OFFICE
                         OF MANAGEMENT AND BUDGET
      Ex. Ord. No. 13370, Jan. 13, 2005, 70 F.R. 3137, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America and pursuant to the
    Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is
    hereby ordered that:
      Section 1. During any period when the Director of the Office of
    Management and Budget (Director) and the Deputy Director of the
    Office of Management and Budget (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
    Office of Management and Budget, 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:
        Deputy Director for Management;
        Executive Associate Director;
        Associate Director (National Security Programs);
        Associate Director (General Government Programs);
        Associate Director (Human Resource Programs);
        Associate Director (Natural Resource Programs);
        General Counsel;
        Administrator for Federal Procurement Policy;
        Administrator of the Office of Information and Regulatory
      Affairs;
        Controller, Office of Federal Financial Management; and
        Administrator of the Office of Electronic Government.
      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 order.
      (b) Notwithstanding the provisions of this order, the President
    retains discretion, to the extent permitted by law, to depart from
    this order in designating an acting Director.
                                                         George W. Bush.

      EX. ORD. NO. 13394. PROVIDING AN ORDER OF SUCCESSION WITHIN THE
                           DEPARTMENT OF DEFENSE
      Ex. Ord. No. 13394, Dec. 22, 2005, 70 F.R. 76665, 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 as follows:
      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 Defense (Secretary) during any period when the Secretary has
    died, resigned, or is otherwise unable to perform the functions and
    duties of the office of Secretary.
      Sec. 2. Order of Succession.
      (a) Deputy Secretary of Defense;
      (b) Under Secretary of Defense for Intelligence;
      (c) Under Secretary of Defense for Policy;
      (d) Under Secretary of Defense for Acquisition, Technology, and
    Logistics;
      (e) Secretary of the Army;
      (f) Secretary of the Air Force;
      (g) Secretary of the Navy;
      (h) Under Secretary of Defense for Personnel and Readiness and
    the Under Secretary of Defense (Comptroller);
      (i) Deputy Under Secretary of Defense for Acquisition and
    Technology, Deputy Under Secretary of Defense for Policy, and
    Deputy Under Secretary of Defense for Personnel and Readiness;
      (j) General Counsel of the Department of Defense, the Assistant
    Secretaries of Defense, and the Director of Operational Test and
    Evaluation;
      (k) Deputy Under Secretary of Defense for Logistics and Material
    Readiness and the Director of Defense Research and Engineering;
      (l) Under Secretaries of the Army, the Navy, and the Air Force;
    and
      (m) Assistant Secretaries of the Army, the Navy, and the Air
    Force, and General Counsels of the Army, the Navy, and the Air
    Force.
      Sec. 3. Exceptions. (a) No individual who is serving in an office
    listed in section 2(a)-(m) in an acting capacity shall act as
    Secretary pursuant to this order.
      (b) Precedence among officers designated within the same
    subsection of section 2 of this order shall be determined by the
    order in which they have been appointed to such office by the
    President. Where officers designated within the same subsection of
    section 2 of this order are appointed on the same date, precedence
    will be determined by the order in which they have taken the oath
    to serve in that office.
      (c) Notwithstanding the provisions of this order, the President
    retains discretion, to the extent permitted by law, to depart from
    this order in designating an acting Secretary.
      Sec. 4. Judicial Review. This order is intended to improve the
    internal management of the executive branch and is not intended to,
    and does not, create any right or benefit, substantive or
    procedural, enforceable at law or in equity by any party against
    the United States, its departments, agencies, entities, officers,
    employees or agents, or any other person.
      Sec. 5. Revocation. Executive Order No. 13000 of April 24, 1996
    [formerly set out above], and the President's memorandum of June 2,
    2005, entitled: "Order of Succession of Officers to Act as
    Secretary of Defense," [not set out in the Code] are hereby
    revoked.
                                                         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, which provided for an order of succession within the
    Federal Emergency Management Agency, terminated upon the transfer
    of the authorities, functions, personnel, and assets of the Federal
    Emergency Management Agency to the Department of Homeland Security.

     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, which provided for an order of succession within the
    Office of Personnel Management, was superseded by Memorandum of
    President of the United States, May 5, 2005, 70 F.R. 28773, set out
    below.
      Memorandum of President of the United States, May 5, 2005, 70
    F.R. 28773, 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. 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:
      General Counsel;
      Chief of Staff;
      Director, Office of Communications and Public Liaison;
      Director, Office of Congressional Relations;
      Associate Director, Human Resources Products and Services;
      Associate Director for Management;
      Associate Director, Strategic Human Resources Policy;
      Chief Financial Officer;
      Associate Director, Human Capital Leadership and Merit Systems
    Accountability;
      Deputy Associate Director, Center for Investigations Services;
    and
      Director, Federal Executive Institute.
      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. Prior Memorandum Superceded.
      This memorandum supercedes the Presidential Memorandum of March
    11, 2003 [formerly set out above], entitled, "Designation of
    Officers of the Office of Personnel Management to Act as Director
    of the Office of Personnel Management."
      Sec. 4. Publication.
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                         George W. Bush.

     DESIGNATION OF OFFICERS OF THE OFFICE OF THE DIRECTOR OF NATIONAL
         INTELLIGENCE TO ACT AS DIRECTOR OF NATIONAL INTELLIGENCE
      Memorandum of President of the United States, Dec. 20, 2005, 70
    F.R. 76375, provided:
      Memorandum for the Director of National Intelligence
      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 sections 3 and 4 of this
    memorandum, the officers of the Office of the Director of National
    Intelligence named in section 2, in the order listed, shall act as
    and perform the functions and duties of the office of the Director
    of National Intelligence (DNI), during any period in which the DNI
    and the Principal Deputy Director of National Intelligence have
    died, resigned, or otherwise become unable to perform the functions
    and duties of the office of the DNI, until such time as at least
    one of the officers listed in this section is able to perform the
    functions and duties of the DNI.
      Sec. 2. Order of Succession.
      (a) Deputy Director of National Intelligence for Management;
      (b) Deputy Director of National Intelligence for Collection;
      (c) Deputy Director of National Intelligence for Analysis;
      (d) Deputy Director of National Intelligence for Customer
    Outcomes;
      (e) Chief of Staff, Office of the Director of National
    Intelligence;
      (f) General Counsel, Office of the Director of National
    Intelligence; and
      (g) Chief Information Officer, Office of the Director of National
    Intelligence.
      Sec. 3. National Security Act of 1947. This memorandum shall not
    supercede the authority of the Principal Deputy Director of
    National Intelligence to act for, and exercise the powers of, the
    Director of National Intelligence during the absence or disability
    of the Director of National Intelligence or during a vacancy in the
    position of Director of National Intelligence, (National Security
    Act of 1947, as amended, 50 U.S.C. 403-3a).
      Sec. 4. Exceptions.
      (a) No individual who is serving in an office listed in section 2
    in an acting capacity shall act as the DNI pursuant to this
    section.
      (b) Notwithstanding the provisions of this memorandum, the
    President retains discretion, to the extent permitted by law, to
    depart from this memorandum in designating an acting DNI.
      Sec. 5. Publication.
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                         George W. Bush.

       DESIGNATION OF OFFICERS OF THE SOCIAL SECURITY ADMINISTRATION   
      Memorandum of President of the United States, Apr. 17, 2006, 71
    F.R. 20333, provided:
      Memorandum for the Commissioner of Social Security
      By the authority vested in me as President under 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., I hereby order
    that:
      Section 1. Order of Succession.
      During any period when both the Commissioner of Social Security
    (Commissioner) and the Deputy Commissioner of Social Security
    (Deputy Commissioner) have died, resigned, or otherwise become
    unable to perform the functions and duties of the office of
    Commissioner, the following officers of the Social Security
    Administration, in the order listed, shall perform the functions
    and duties of the office of Commissioner, if they are eligible to
    act as Commissioner under the provisions of the Federal Vacancies
    Reform Act of 1998, until such time as the Commissioner or Deputy
    Commissioner is able to perform the functions and duties of the
    office of Commissioner:
      Chief of Staff;
      Deputy Commissioner for Operations;
      Regional Commissioner, Philadelphia; and
      Regional Commissioner, Dallas.
      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
    Commissioner 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 Commissioner.
      Sec. 3. Prior Memorandum Superseded.
      This memorandum supersedes the Presidential Memorandum of May 9,
    2002, entitled "Designation of Officers of the Social Security
    Administration."
      Sec. 4. Publication.
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                         George W. Bush.

           DESIGNATION OF OFFICERS OF THE DEPARTMENT OF JUSTICE       
      Memorandum of President of the United States, Dec. 8, 2006, 71
    F.R. 74753, provided:
      Memorandum for the Attorney General
      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., I hereby order
    that:
      Section 1. Order of Succession. During any period when the
    Attorney General, the Deputy Attorney General, the Associate
    Attorney General, and the officers designated by the Attorney
    General pursuant to 28 U.S.C. 508 to act as Attorney General have
    died, resigned, or otherwise become unable to perform the functions
    and duties of the office of Attorney General, the following
    officers of the Department of Justice, in the order listed, shall
    perform the functions and duties of the office of Attorney General,
    if they are eligible to act as Attorney General under 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 Attorney General:
      United States Attorney for the Southern District of New York;
      United States Attorney for the Eastern District of Virginia; and
      United States Attorney for the Western District of Texas.
      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 Attorney General 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 Attorney
    General.
      Sec. 3. The Memorandum for the Attorney General of March 19,
    2002, entitled "Designation of Officers of the Department of
    Justice," is hereby revoked.
      Sec. 4. The Attorney General is authorized and directed to
    publish this memorandum in the Federal Register.
                                                         George W. Bush.

-End-



-CITE-
    5 USC Sec. 3346                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3347                                             01/03/2007

-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 Government
    Accountability 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 Government Accountability 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; Pub. L. 108-271, Sec. 8(b), July
    7, 2004, 118 Stat. 814.)


-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                            
      2004 - Pub. L. 108-271 substituted "Government Accountability
    Office" for "General Accounting Office" in introductory provisions
    of subsec. (a) and in subsec. (b).
      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.

-End-



-CITE-
    5 USC Sec. 3348                                             01/03/2007

-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 Government Accountability 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 Government Accountability 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 Government
      Accountability 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; amended Pub. L. 108-271, Sec. 8(b), July
    7, 2004, 118 Stat. 814.)


-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.

                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office" in two
    places.
      Subsec. (e)(5). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".

                              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.

-End-



-CITE-
    5 USC Sec. 3349                                             01/03/2007

-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 Government
    Accountability 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; amended Pub. L. 108-271, Sec. 8(b), July
    7, 2004, 118 Stat. 814.)


-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.

                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office" in
    introductory provisions.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.
      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.


-MISC2-
                              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.

-End-



-CITE-
    5 USC Sec. 3349a                                            01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3349b                                            01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3349c                                            01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3349d                                            01/03/2007

-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.

-End-


-CITE-
    5 USC SUBCHAPTER IV - TRANSFERS                             01/03/2007

-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                     

-End-



-CITE-
    5 USC Sec. 3351                                             01/03/2007

-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. 287,     
                     sentences, so much       Sec. 5 (1st 2 sentences, so
                     as relates to            much as relates to         
                     transfer).               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.

-End-



-CITE-
    5 USC Sec. 3352                                             01/03/2007

-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.

-End-


-CITE-
    5 USC SUBCHAPTER V - PROMOTION                              01/03/2007

-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                     

-End-



-CITE-
    5 USC Sec. 3361                                             01/03/2007

-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. 27, Sec. 
                     applicable to            7 (as applicable to        
                     promotion).              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.

-End-



-CITE-
    5 USC Sec. 3362                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3363                                             01/03/2007

-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. 287,     
                     sentences, so much       Sec. 5 (1st 2 sentences, so
                     as relates to            much as relates to         
                     promotion).              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.

-End-



-CITE-
    5 USC Sec. 3364                                             01/03/2007

-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.

-MISC1-
    [Sec. 3364. Repealed. Pub. L. 94-183, Sec. 2(6), Dec. 31, 1975, 89
      Stat. 1057].
      Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 427, related to
    promotion to regular force of substitute employees in postal field
    service.

-End-


-CITE-
    5 USC SUBCHAPTER VI - ASSIGNMENTS TO AND FROM STATES        01/03/2007

-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          

-End-



-CITE-
    5 USC Sec. 3371                                             01/03/2007

-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
      Regulatory 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; Pub. L. 109-435, title VI, Sec. 604(b), Dec. 20,
    2006, 120 Stat. 3241.)

-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.


-MISC1-
                                AMENDMENTS                            
      2006 - Par. (3). Pub. L. 109-435 substituted "Postal Regulatory
    Commission" for "Postal Rate Commission".
      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.


-MISC2-
     EMPLOYEE EXCHANGE PROGRAM BETWEEN FEDERAL EMPLOYEES AND EMPLOYEES
                      OF STATE AND LOCAL GOVERNMENTS
      Pub. L. 108-196, Sec. 3, Dec. 19, 2003, 117 Stat. 2896, provided
    that:
      "(a) Definitions. - In this section - 
        "(1) the term 'employing agency' means the Federal, State, or
      local government agency with which the participating employee was
      employed before an assignment under the Program;
        "(2) the term 'participating employee' means an employee who is
      participating in the Program; and
        "(3) the term 'Program' means the employee exchange program
      established under subsection (b).
      "(b) Establishment. - The President shall establish an employee
    exchange program between Federal agencies that perform law
    enforcement functions and agencies of State and local governments
    that perform law enforcement functions.
      "(c) Conduct of Program. - The Program shall be conducted in
    accordance with subchapter VI of chapter 33 of title 5, United
    States Code.
      "(d) Qualifications. - An employee of an employing agency who
    performs law enforcement functions may be selected to participate
    in the Program if the employee - 
        "(1) has been employed by that employing agency for a period of
      more than 3 years;
        "(2) has had appropriate training or experience to perform the
      work required by the assignment;
        "(3) has had an overall rating of satisfactory or higher on
      performance appraisals from the employing agency during the 3-
      year period before being assigned to another agency under this
      section; and
        "(4) agrees to return to the employing agency after completing
      the assignment for a period not less than the length of the
      assignment.
      "(e) Written Agreement. - An employee shall enter into a written
    agreement regarding the terms and conditions of the assignment
    before beginning the assignment with another agency."

                          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."

-End-



-CITE-
    5 USC Sec. 3372                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3373                                             01/03/2007

-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 title
    IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified
    principally to chapter 20 (Secs. 921, 922, 931-934, 941-946) of
    former Title 28, Judicial Code and Judiciary. Title IV of act Aug.
    2, 1946, was substantially repealed and reenacted as sections
    1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial
    Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first
    section of which enacted Title 28. The Federal Tort Claims Act is
    also commonly used to refer to chapter 171 of Title 28, Judiciary
    and Judicial Procedure. For complete classification of title IV to
    the Code, see Tables. For distribution of former sections of Title
    28 into the revised Title 28, see Table at the beginning of Title
    28.


-MISC1-
                                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, Secs. 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.

-End-



-CITE-
    5 USC Sec. 3374                                             01/03/2007

-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
    title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was
    classified principally to chapter 20 (Secs. 921, 922, 931-934, 941-
    946) of former Title 28, Judicial Code and Judiciary. Title IV of
    act Aug. 2, 1946, was substantially repealed and reenacted as
    sections 1346(b) and 2671 et seq. of Title 28, Judiciary and
    Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992,
    the first section of which enacted Title 28. The Federal Tort
    Claims Act is also commonly used to refer to chapter 171 of Title
    28, Judiciary and Judicial Procedure. For complete classification
    of title IV to the Code, see Tables. For distribution of former
    sections of Title 28 into the revised Title 28, see Table at the
    beginning of Title 28.


-MISC1-
                                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.

-End-



-CITE-
    5 USC Sec. 3375                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3376                                             01/03/2007

-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.

-End-


-CITE-
    5 USC SUBCHAPTER VII - AIR TRAFFIC CONTROLLERS              01/03/2007

-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             

-End-



-CITE-
    5 USC Sec. 3381                                             01/03/2007

-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),(!1) and 4111, shall not apply to training under
    this section.

      (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.


-MISC1-
                                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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    5 USC Sec. 3382                                             01/03/2007

-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.


-MISC1-
                                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.

-End-



-CITE-
    5 USC Sec. 3383                                             01/03/2007

-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.


-MISC1-
                                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.

-End-



-CITE-
    5 USC Sec. 3384                                             01/03/2007

-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.


-MISC1-
                                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.

-End-



-CITE-
    5 USC Sec. 3385                                             01/03/2007

-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.


-MISC1-
                                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.

-End-


-CITE-
    5 USC SUBCHAPTER VIII - APPOINTMENT, REASSIGNMENT,
           TRANSFER, AND DEVELOPMENT IN THE SENIOR
           EXECUTIVE SERVICE                               01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3391                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3392                                             01/03/2007

-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.


-MISC1-
                             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]."]

-End-



-CITE-
    5 USC Sec. 3393                                             01/03/2007

-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,, (!1) 3592, 3595, 7532, or
    7543 of this title.


-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.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    5 USC Sec. 3393a                                            01/03/2007

-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.

-MISC1-
    [Sec. 3393a. Repealed. Pub. L. 107-296, title XIII, Sec.
      1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296].
      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.

-End-



-CITE-
    5 USC Sec. 3394                                             01/03/2007

-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 such appointing authority by the Office
    of Personnel Management.

-SOURCE-
    (Added Pub. L. 95-454, title IV, Sec. 403(a), Oct. 13, 1978, 92
    Stat. 1162.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3394, added Pub. L. 95-437, Sec. 3(a), Oct. 10,
    1978, 92 Stat. 1057, which related to personnel ceilings, was
    renumbered as section 3404 of this title by Pub. L. 95-454, title
    IX, Sec. 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.

-End-



-CITE-
    5 USC Sec. 3395                                             01/03/2007

-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. 3395. Reassignment and transfer within the Senior Executive
      Service

-STATUTE-
      (a)(1) A career appointee in an agency - 
        (A) may, subject to paragraph (2) of this subsection, be
      reassigned to any Senior Executive Service position in the same
      agency for which the appointee is qualified; and
        (B) may transfer to a Senior Executive Service position in
      another agency for which the appointee is qualified, with the
      approval of the agency to which the appointee transfers.

      (2)(A) Except as provided in subparagraph (B) of this paragraph,
    a career appointee may be reassigned to any Senior Executive
    Service position only if the career appointee receives written
    notice of the reassignment at least 15 days before the effective
    date of such reassignment.
      (B)(i) A career appointee may not be reassigned to a Senior
    Executive Service position outside the career appointee's commuting
    area unless - 
        (I) before providing notice under subclause (II) of this clause
      (or seeking or obtaining the consent of the career appointee
      under clause (ii) of this subparagraph to waive such notice), the
      agency consults with the career appointee on the reasons for, and
      the appointee's preferences with respect to, the proposed
      reassignment; and
        (II) the career appointee receives written notice of the
      reassignment, including a statement of the reasons for the
      reassignment, at least 60 days before the effective date of the
      reassignment.

      (ii) Notice of reassignment under clause (i)(II) of this
    subparagraph may be waived with the written consent of the career
    appointee involved.
      (b)(1) Notwithstanding section 3394(b) of this title, a limited
    emergency appointee may be reassigned to another Senior Executive
    Service position in the same agency established to meet a bona
    fide, unanticipated, urgent need, except that the appointee may not
    serve in one or more positions in such agency under such
    appointment in excess of 18 months.
      (2) Notwithstanding section 3394(b) of this title, a limited term
    appointee may be reassigned to another Senior Executive Service
    position in the same agency the duties of which will expire at the
    end of a term of 3 years or less, except that the appointee may not
    serve in one or more positions in the agency under such appointment
    in excess of 3 years.
      (c) A limited term appointee or a limited emergency appointee may
    not be appointed to, or continue to hold, a position under such an
    appointment if, within the preceding 48 months, the individual has
    served more than 36 months, in the aggregate, under any combination
    of such types of appointment.
      (d) A noncareer appointee in an agency - 
        (1) may be reassigned to any general position in the agency for
      which the appointee is qualified; and
        (2) may transfer to a general position in another agency with
      the approval of the agency to which the appointee transfers.

      (e)(1) Except as provided in paragraph (2) of this subsection, a
    career appointee in an agency may not be involuntarily reassigned -
    
        (A) within 120 days after an appointment of the head of the
      agency; or
        (B) within 120 days after the appointment in the agency of the
      career appointee's most immediate supervisor who - 
          (i) is a noncareer appointee; and
          (ii) has the authority to make an initial appraisal of the
        career appointee's performance under subchapter II of chapter
        43.

      (2) Paragraph (1) of this subsection does not apply with respect
    to - 
        (A) any reassignment under section 4314(b)(3) of this title; or
        (B) any disciplinary action initiated before an appointment
      referred to in paragraph (1) of this subsection.

      (3) For the purpose of applying paragraph (1) to a career
    appointee, any days (not to exceed a total of 60) during which such
    career appointee is serving pursuant to a detail or other temporary
    assignment apart from such appointee's regular position shall not
    be counted in determining the number of days that have elapsed
    since an appointment referred to in subparagraph (A) or (B) of such
    paragraph.

-SOURCE-
    (Added Pub. L. 95-454, title IV, Sec. 403(a), Oct. 13, 1978, 92
    Stat. 1163; amended Pub. L. 98-615, title III, Sec. 304(a), Nov. 8,
    1984, 98 Stat. 3218; Pub. L. 102-175, Sec. 3, Dec. 2, 1991, 105
    Stat. 1222.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3395, added Pub. L. 95-437, Sec. 3(a), Oct. 10,
    1978, 92 Stat. 1057, which related to nonapplicability of part-time
    career employment opportunities program was renumbered as section
    3405 of this title by Pub. L. 95-454, title IX, Sec. 906(c)(1)(B),
    Oct. 13, 1978, 92 Stat. 1226.

                                AMENDMENTS                            
      1991 - Subsec. (e)(1)(B)(ii). Pub. L. 102-175, Sec. 3(1), amended
    cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:
    "has the authority to reassign the career appointee."
      Subsec. (e)(3). Pub. L. 102-175, Sec. 3(2), added par. (3).
      1984 - Subsec. (a)(2). Pub. L. 98-615 designated existing
    provisions as subpar. (A), inserted exception relating to subpar.
    (B), and added subpar. (B).

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-615 effective Nov. 8, 1984, see section
    307 of Pub. L. 98-615, set out as a note under section 3393 of this
    title.

-End-



-CITE-
    5 USC Sec. 3396                                             01/03/2007

-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. 3396. Development for and within the Senior Executive Service

-STATUTE-
      (a) The Office of Personnel Management shall establish programs
    for the systematic development of candidates for the Senior
    Executive Service and for the continuing development of senior
    executives, or require agencies to establish such programs which
    meet criteria prescribed by the Office.
      (b) The Office shall assist agencies in the establishment of
    programs required under subsection (a) of this section and shall
    monitor the implementation of the programs. If the Office finds
    that any agency's program under subsection (a) of this section is
    not in compliance with the criteria prescribed under such
    subsection, it shall require the agency to take such corrective
    action as may be necessary to bring the program into compliance
    with the criteria.
      (c)(1) The head of an agency may grant a sabbatical to any career
    appointee for not to exceed 11 months in order to permit the
    appointee to engage in study or uncompensated work experience which
    will contribute to the appointee's development and effectiveness. A
    sabbatical shall not result in loss of, or reduction in, pay, leave
    to which the career appointee is otherwise entitled, credit for
    time or service, or performance or efficiency rating. The head of
    the agency may authorize in accordance with chapter 57 of this
    title such travel expenses (including per diem allowances) as the
    head of the agency may determine to be essential for the study or
    experience.
      (2) A sabbatical under this subsection may not be granted to any
    career appointee - 
        (A) more than once in any 10-year period;
        (B) unless the appointee has completed 7 years of service - 
          (i) in one or more positions in the Senior Executive Service;
          (ii) in one or more other positions in the civil service the
        level of duties and responsibilities of which are equivalent to
        the level of duties and responsibilities of positions in the
        Senior Executive Service; or
          (iii) in any combination of such positions, except that not
        less than 2 years of such 7 years of service must be in the
        Senior Executive Service; and

        (C) if the appointee is eligible for voluntary retirement with
      a right to an immediate annuity under section 8336 of this title.

    Any period of assignment under section 3373 of this title, relating
    to assignments of employees to State and local governments, shall
    not be considered a period of service for the purpose of
    subparagraph (B) of this paragraph.
      (3)(A) Any career appointee in an agency may be granted a
    sabbatical under this subsection only if the appointee agrees, as a
    condition of accepting the sabbatical, to serve in the civil
    service upon the completion of the sabbatical for a period of 2
    consecutive years.
      (B) Each agreement required under subparagraph (A) of this
    paragraph shall provide that in the event the career appointee
    fails to carry out the agreement (except for good and sufficient
    reason as determined by the head of the agency who granted the
    sabbatical) the appointee shall be liable to the United States for
    payment of all expenses (including salary) of the sabbatical. The
    amount shall be treated as a debt due the United States.
      (d)(1) The Office shall encourage and assist individuals to
    improve their skills and increase their contribution by service in
    a variety of agencies as well as by accepting temporary placements
    in State or local governments or in the private sector.
      (2) In order to promote the professional development of career
    appointees and to assist them in achieving their maximum levels of
    proficiency, the Office shall, in a manner consistent with the
    needs of the Government provide appropriate informational services
    and otherwise encourage career appointees to take advantage of any
    opportunities relating to - 
        (A) sabbaticals;
        (B) training; or
        (C) details or other temporary assignments in other agencies,
      State or local governments, or the private sector.

-SOURCE-
    (Added Pub. L. 95-454, title IV, Sec. 403(a), Oct. 13, 1978, 92
    Stat. 1163; amended Pub. L. 102-175, Sec. 4, Dec. 2, 1991, 105
    Stat. 1223.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3396, added Pub. L. 95-437, Sec. 3(a), Oct. 10,
    1978, 92 Stat. 1057, which related to issuance of regulations, was
    renumbered as section 3406 of this title by Pub. L. 95-454, title
    IX, Sec. 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.

                                AMENDMENTS                            
      1991 - Subsec. (d). Pub. L. 102-175 designated existing
    provisions as par. (1) and added par. (2).

-End-



-CITE-
    5 USC Sec. 3397                                             01/03/2007

-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. 3397. Regulations

-STATUTE-
      The Office of Personnel Management shall prescribe regulations to
    carry out the purpose of this subchapter.

-SOURCE-
    (Added Pub. L. 95-454, title IV, Sec. 403(a), Oct. 13, 1978, 92
    Stat. 1164.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3397, added Pub. L. 95-437, Sec. 3(a), Oct. 10,
    1978, 92 Stat. 1058, which related to reports, was renumbered as
    section 3407 of this title by Pub. L. 95-454, title IX, Sec.
    906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.
      A prior section 3398, added Pub. L. 95-437, Sec. 3(a), Oct. 10,
    1978, 92 Stat. 1058, which related to representation by employee
    organizations of employees employed on a part-time career
    employment basis, was renumbered as section 3408 of this title by
    Pub. L. 95-454, title IX, Sec. 906(c)(1)(B), Oct. 13, 1978, 92
    Stat. 1226.

-End-