### **CHAPTER 33—EXAMINATION, SELECTION, AND PLACEMENT**

#### 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Repealed.]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Repealed.]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.
Voluntary separation before resolution of personnel investigation.
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.
3330d.
Appointment of military and Department of Defense civilian spouses.
3330e.
Review of official personnel file of former Federal employees before rehiring.
3330f.
Government policy and supporting position data.

#### 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.
3349e.
Presidential explanation of failure to nominate an Inspector General. 1

#### 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.

#### Amendment of Analysis

Pub. L. 118–31, div. A, title XI, §1119(d), Dec. 22, 2023, 137 Stat. 435, provided that, effective Dec. 31, 2028, the amendment made by section 1119(b) of Pub. L. 118–31 would expire. See 2023 Amendment note below.

Pub. L. 115–232, div. A, title XI, §1107(c), (d), Aug. 13, 2018, 132 Stat. 2005, provided that, effective on the date on which the Director of the Office of Personnel Management issues final regulations for implementation, with such regulations due not later than one year after Aug. 13, 2018, this analysis is amended by striking items 3317, 3318, and 3319 and inserting new items 3317 "Competitive service; certification using numerical ratings", 3318 "Competitive service; selection using numerical ratings", and 3319 "Competitive service; selection using category rating". See 2018 Amendment note below.

Pub. L. 115–232, div. A, title V, §573(e), Aug. 13, 2018, 132 Stat. 1779, as amended by Pub. L. 117–263, div. A, title XI, §1111(a), Dec. 23, 2022, 136 Stat. 2820, provided that, effective Dec. 31, 2028, the amendment made by section 573(b) of Pub. L. 115–232 would expire. See 2018 Amendment note below.

#### **Editorial Notes**

#### Amendments

**2023**—Pub. L. 118–31, div. A, title XI, §1119(b), (d), Dec. 22, 2023, 137 Stat. 434, 435, which directed the amendment of the table of sections for subchapter I of this chapter by adding item 3330d "Appointment of military and Department of Defense civilian spouses" and striking out former item 3330d "Appointment of military spouses", was executed to the table of sections for this chapter and was treated as temporary to reflect the probable intent of Congress, notwithstanding termination provision in sections 573(e) of Pub. L. 115–232 and 1119(d) of Pub. L. 118–31, which effectively undid the amendments made to section 3330d of this title but only provided that the amendment made to this analysis would expire. See Termination Date of 2018 Amendment and Termination Date of 2023 Amendment notes set out under section 3330d of this title.

**2022**—Pub. L. 117–263, div. E, title LII, §5221(b), title LIII, §5322(a)(2), Dec. 23, 2022, 136 Stat. 3234, 3259, which directed amendment of the analyses for subchapter I of this chapter by adding item 3330f and for subchapter III of this chapter by adding item 3349e, was executed by adding items 3330f and 3349e to the analysis for this chapter to reflect the probable intent of Congress.

**2018**—Pub. L. 115–232, div. A, title XI, §1107(c), Aug. 13, 2018, 132 Stat. 2005, substituted "certification using numerical ratings" for "certification from registers." in item 3317, "selection using numerical ratings" for "selection from certificates." in item 3318, and "Competitive service; selection using category rating" for "Alternative ranking and selection procedures." in item 3319.

Pub. L. 115–232, div. A, title V, §573(b), (e), Aug. 13, 2018, 132 Stat. 1779, which amended analysis by adding item 3330d "Appointment of military spouses" and striking out former item 3330d, "Appointment of certain military spouses", was treated as temporary to reflect the probable intent of Congress, notwithstanding termination provision in section 573(e) of Pub. L. 115–232, which effectively undid the amendments made to section 3330d of this title but only provided that the amendment made to this analysis would expire. See Termination Date of 2018 Amendment note set out under section 3330d of this title.

**2016**—Pub. L. 114–328, div. A, title XI, §§1136(c), 1140(c), Dec. 23, 2016, 130 Stat. 2460, 2471, which directed the amendment of the table of sections of subchapter I of chapter 33 by adding item 3330e at end and inserting item 3322 after item 3321, respectively, was executed to the table of sections for this chapter, to reflect the probable intent of Congress.

**2013**—Pub. L. 112–239, div. A, title V, §566(c), Jan. 2, 2013, 126 Stat. 1751, added item 3330d.

**2002**—Pub. L. 107–296, title XIII, §§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, §3(b), Oct. 31, 1998, 112 Stat. 3184, added items 3330a to 3330c.

Pub. L. 105–277, div. C, title I, §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, §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, §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, §4(2). See 1995 Amendment note below.

**1995**—Pub. L. 104–52, title IV, §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, §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, §544(b), div. D, title XLIV, §4431(b), Oct. 23, 1992, 106 Stat. 2415, 2720, added two items 3329.

Pub. L. 102–378, §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, §529 [title I, §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, §2(a)(2), Oct. 12, 1990, 104 Stat. 903, added item 3342.

**1989**—Pub. L. 101–194, title V, §506(a)(2), Nov. 30, 1989, 103 Stat. 1758, added item 3393a.

Pub. L. 101–12, §5(b), Apr. 10, 1989, 103 Stat. 33, added item 3352.

**1988**—Pub. L. 100–398, §7(a)(3), Aug. 17, 1988, 102 Stat. 988, inserted "agency" after "Executive" in item 3345.

**1985**—Pub. L. 99–145, title XVI, §1622(a)(2), Nov. 8, 1985, 99 Stat. 777, added item 3328.

**1979**—Pub. L. 96–54, §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, §§303(b), 307(h)(2), 309(b), title IV, §403(b), title IX, §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, §3(b), Oct. 10, 1978, 92 Stat. 1058, added heading for subchapter VII and items 3391 to 3398.

Pub. L. 95–256, §5(b)(2), Apr. 6, 1978, 92 Stat. 191, struck out item 3322 "Competitive service; temporary appointments after age 70".

Pub. L. 95–251, §2(c)(3), Mar. 27, 1978, 92 Stat. 184, substituted "administrative law judges" for "hearing examiners" in item 3344.

Pub. L. 95–228, §2(a), Feb. 10, 1978, 92 Stat. 25, struck out item 3306 "Competitive service; departmental service; apportionment".

**1975**—Pub. L. 94–183, §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, §§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, §402(b), Jan. 5, 1971, 84 Stat. 1925, added heading for subchapter VI and items 3371 to 3376.

**1970**—Pub. L. 91–375, §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, §1(b), Oct. 11, 1967, 81 Stat. 273, added item 3304a.

Pub. L. 90–83, §1(9)(B), Sept. 11, 1967, 81 Stat. 197, added item 3315a.

**1966**—Pub. L. 89–762, §1(b), Nov. 5, 1966, 80 Stat. 1312, struck out item 3342 "Details; field to departmental service prohibited".

1  So in original. Does not conform to section catchline.