Subpart B—Employment and Retention
CHAPTER 31 —AUTHORITY FOR EMPLOYMENT
SUBCHAPTER I—EMPLOYMENT AUTHORITIES
SUBCHAPTER II—THE SENIOR EXECUTIVE SERVICE
SUBCHAPTER III—THE FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE
Amendments
1997—
1995—
1988—
1980—
1978—
1967—
SUBCHAPTER I—EMPLOYMENT AUTHORITIES
Amendments
1979—
§3101. General authority to employ
Each Executive agency, military department, and the government of the District of Columbia may employ such number of employees of the various classes recognized by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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R.S. §169. | ||
Sept. 21, 1944, ch. 412, §709, |
The authorization is restated to conform to the style of this title. The word "Executive agency" are substituted for "executive department, independent establishment" in view of the definitions in sections 103, 104, and 105. The source statute (an act to authorize the appointment of employees in the executive branch etc.) applied to the entire executive branch, and government corporations as well as other agencies in the executive branch were included within the words "independent establishment". The words "or a military department" are inserted to preserve the application of the source statute. Before enactment of the National Security Act Amendments of 1949 (
This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Reduction of Federal Full-Time Equivalent Positions
"(a)
"(b)
"(1) 2,084,600 during fiscal year 1994;
"(2) 2,043,300 during fiscal year 1995;
"(3) 2,003,300 during fiscal year 1996;
"(4) 1,963,300 during fiscal year 1997;
"(5) 1,922,300 during fiscal year 1998; and
"(6) 1,882,300 during fiscal year 1999.
"(c)
"(1) continuously monitor all agencies and make a determination on the first date of each quarter of each applicable fiscal year of whether the requirements under subsection (b) are met; and
"(2) notify the President and the Congress on the first date of each quarter of each applicable fiscal year of any determination that any requirement of subsection (b) is not met.
"(d)
"(e)
"(1)
"(A) the existence of a state of war or other national security concern so requires; or
"(B) the existence of an extraordinary emergency threatening life, health, safety, property, or the environment so requires.
"(2)
"(A) Subsection (d) may be waived, in the case of a particular position or category of positions in an agency, upon a determination of the President that the efficiency of the agency or the performance of a critical agency mission so requires.
"(B) Whenever the President grants a waiver pursuant to subparagraph (A), the President shall take all necessary actions to ensure that the overall limitations set forth in subsection (b) are not exceeded.
"(f)
"(1)
"(2)
"(3)
"(A)
"(i) paragraph (1) shall apply to vacancies created in such agency; and
"(ii) the reductions required pursuant to clause (i) shall be made in the number of funded employee positions in such agency.
"(B)
"(C)
"(g)
Limitation on Number of Civilian Employees in Executive Branch
Freeze on Hiring of Federal Civilian Employees
Memorandum of the President of the United States, dated Jan. 20, 1981, 46 F.R. 9907, provided for a freeze on the hiring of Federal civilian employees in the executive branch.
Citizenship Requirement for Employees Compensated From Appropriated Funds
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see
Similar provisions were contained in the following prior appropriation acts:
June 13, 1956, ch. 385, title II, §202,
June 29, 1955, ch. 226, title II, §202,
Aug. 26, 1954, ch. 935, Ch. XIII, §1302,
Aug. 7, 1953, ch. 340, Ch. XIII, §1302,
July 15, 1952, ch. 758, Ch. XIV, §1402,
Nov. 1, 1951, ch. 664, Ch. XIII, §1302,
Sept. 6, 1950, ch. 897, Ch. XII, §1202,
Aug. 24, 1949, ch. 506, title III, §302,
Apr. 20, 1948, ch. 219, title II, §202,
July 30, 1947, ch. 359, title II, §202,
Mar. 28, 1946, ch. 113, title II, §206,
May 3, 1945, ch. 106, title II, §206,
June 27, 1944, ch. 286, title II, §205,
June 26, 1943, ch. 145, title II, §205,
Citizenship requirement for permanent officers and employees of Census Bureau, see
Exceptions to citizenship requirement for—
Department of Defense personnel, see
Department of State employees, see
Department of the Navy personnel, see
Library of Congress positions, see
National Aeronautics and Space Administration employees, see
Employment of Personnel During National Emergency Proclaimed on Dec. 16, 1950
Section 1310 of act Nov. 1, 1951, ch. 664, Ch. XIII,
Ex. Ord. No. 12839. Reduction of 100,000 Federal Positions
Ex. Ord. No. 12839, Feb. 10, 1993, 58 F.R. 8515, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in title 3 section 107; title 10 section 10216; title 25 section 2a.
§3102. Employment of personal assistants for handicapped employees, including blind and deaf employees
(a) For the purpose of this section—
(1) "agency" means—
(A) an Executive agency; and
(B) the Library of Congress;
(2) "handicapped employee" means an individual employed by an agency who is blind or deaf or who otherwise qualifies as a handicapped individual within the meaning of section 501 of the Rehabilitation Act of 1973 (
(3) "nonprofit organization" means an organization determined by the Secretary of the Treasury to be an organization described in section 501(c) of the Internal Revenue Code of 1986 (
(b)(1) The head of each agency may employ one or more personal assistants who the head of the agency determines are necessary to enable a handicapped employee of that agency to perform the employee's official duties and who shall serve without pay from the agency without regard to—
(A) the provisions of this title governing appointment in the competitive service;
(B)
(C)
Such employment may include the employing of a reading assistant or assistants for a blind employee or an interpreting assistant or assistants for a deaf employee.
(2) A personal assistant, including a reading or interpreting assistant, employed under this subsection may receive pay for services performed by the assistant from the handicapped employee or a nonprofit organization, without regard to
(c) The head of each agency may also employ or assign one or more personal assistants who the head of the agency determines are necessary to enable a handicapped employee of that agency to perform the employee's official duties. Such employment may include the employing of a reading assistant or assistants for a blind employee or an interpreting assistant or assistants for a deaf employee.
(d)(1) In the case of any handicapped employee (including a blind or deaf employee) traveling on official business, the head of the agency may authorize the payment to an individual to accompany or assist (or both) the handicapped employee for all or a portion of the travel period involved. Any payment under this subsection to such an individual may be made either directly to that individual or by advancement or reimbursement to the handicapped employee.
(2) With respect to any individual paid to accompany or assist a handicapped employee under paragraph (1) of this subsection—
(A) the amount paid to that individual shall not exceed the limit or limits which the Office of Personnel Management shall prescribe by regulation to ensure that the payment does not exceed amounts (including pay and, if appropriate, travel expenses and per diem allowances) which could be paid to an employee assigned to accompany or assist the handicapped employee; and
(B) that individual shall be considered an employee, but only for purposes of
(e) This section may not be held or considered to prevent or limit in any way the assignment to a handicapped employee (including a blind or deaf employee) by an agency of clerical or secretarial assistance, at the expense of the agency under statutes and regulations currently applicable at the time, if that assistance normally is provided, or authorized to be provided, in that manner under currently applicable statutes and regulations.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Aug. 29, 1962, |
In subsection (a)(1), the word "agency" is substituted for "department". The words "Executive agency" are coextensive with and substituted for "each executive department of the Federal Government, each agency or independent establishment in the executive branch of such Government, each corporation wholly owned or controlled by such Government, and the General Accounting Office" in view of the definition of "Executive agency" in section 105.
In subsection (a)(3), the words "individual employed" are substituted for "employee" so as to include individuals employed by the government of the District of Columbia who are not employees as defined by section 2105.
In subsection (b), the word "may" is substituted for "is authorized" and the words "in his discretion" are omitted as unnecessary in view of the permissive nature of the authority. The words "in the provisions of this title governing appointment in the competitive service" are substituted for "the civil service rules". The words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 501 of the Rehabilitation Act of 1973, referred to in subsec. (a)(2), is classified to
Amendments
1986—Subsec. (a)(3).
1982—Subsec. (b)(1)(C).
1980—
1979—Subsec. (a)(2).
1978—
Subsec. (a)(4), (5).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1968—Subsec. (a)(2).
Effective Date of 1980 Amendment
Section 3 of
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 28 section 604; title 38 section 7281; title 39 section 410.
§3103. Employment at seat of Government only for services rendered
An individual may be employed in the civil service in an Executive department at the seat of Government only for services actually rendered in connection with and for the purposes of the appropriation from which he is paid. An individual who violates this section shall be removed from the service.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Aug. 5, 1882, ch. 389, §4 (less 255th through 316th words), |
||
Aug. 23, 1912, ch. 350, §5 (so much as relates to removal), |
The words "civil officer, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee" are omitted as obsolete language and "individual" is substituted therefor. The words "in the civil service" are added to preserve the application of former section 46 to civilian employees. The words "or subordinate bureaus or offices thereof" are omitted as surplusage. The words "and at the rate of pay usual and proper for the services" are omitted as surplusage since all pay rates are governed by statute.
All after the 75th words of section 4 of the Act of Aug. 5, 1882, as amended by section 7(b) of the Act of Sept. 23, 1950, except the 255th through 316th words, are omitted as executed. The 255th through 296th words are scheduled for repeal as superseded (see Table II–b), and the 297th through 316th words are codified in section 5501. The Act of Aug. 15, 1876, ch. 287, §5,
In the last sentence, the word "removed" is substituted for "summarily removed" because of the provisions of the Lloyd-LaFollette 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.
Cross References
Provisions relating to compensation, see
Section Referred to in Other Sections
This section is referred to in title 18 section 1916.
§3104. Employment of specially qualified scientific and professional personnel
(a) The Director of the Office of Personnel Management may establish, and from time to time revise, the maximum number of scientific or professional positions for carrying out research and development functions which require the services of specially qualified personnel which may be established outside of the General Schedule. Any such position may be established by action of the Director or, under such standards and procedures as the Office prescribes (including procedures under which the prior approval of the Director may be required), by agency action.
(b) The provisions of subsection (a) of this section shall not apply to any Senior Executive Service position (as defined in
(c) In addition to the number of positions authorized by subsection (a) of this section, the Librarian of Congress may establish, without regard to the second sentence of subsection (a) of this section, not more than 8 scientific or professional positions to carry out the research and development functions of the Library of Congress which require the services of specially qualified personnel.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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(a) | Oct. 4, 1961, Oct. 11, 1962, |
|
(b) | Oct. 4, 1961, |
|
(c) | Oct. 4, 1961, |
In subsection (a), the authority to fix pay is omitted and carried into section 5361.
In subsection (b), the words "subsequent to February 1, 1958" appearing in former section 1162(c) are omitted as obsolete.
The Act of Aug. 1, 1947, ch. 433,
June 24, 1948, ch. 624,
July 13, 1949, ch. 332,
July 31, 1956, ch. 804 §501(a),
Aug. 10, 1956, ch. 1041, §28,
June 20, 1958,
Sept. 23, 1959,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3104(a)(5) | 5 App.: 1161(e). | July 5, 1966, |
The amendment to
The other amendments to
Amendments
1992—Subsec. (a).
1986—
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
1970—Subsec. (a)(5).
Effective Date of 1978 Amendment
Amendment by section 801(a)(3)(C) of
Amendment by section 414(a)(2)(B), (C) of
Effective Date of 1970 Amendment
Amendment by
Defense Advanced Research Projects Agency Experimental Personnel Management Program for Technical Personnel
"(a)
"(b)
"(1) appoint scientists and engineers from outside the civil service and uniformed services (as such terms are defined in
"(2) prescribe the rates of basic pay for positions to which employees are appointed under paragraph (1) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under
"(3) pay any employee appointed under paragraph (1) payments in addition to basic pay within the limit applicable to the employee under subsection (d)(1).
"(c)
"(2) The Secretary may, in the case of a particular employee, extend the period to which service is limited under paragraph (1) by up to 2 years if the Secretary determines that such action is necessary to promote the efficiency of the Defense Advanced Research Projects Agency.
"(d)
"(A) $25,000.
"(B) The amount equal to 25 percent of the employee's annual rate of basic pay.
"(C) The amount of the limitation that is applicable for a calendar year under
"(2) An employee appointed under subsection (b)(1) is not eligible for any bonus, monetary award, or other monetary incentive for service except for payments authorized under subsection (b)(3).
"(e)
"(2) After the termination of the program—
"(A) no appointment may be made under paragraph (1) of subsection (b);
"(B) a rate of basic pay prescribed under paragraph (2) of that subsection may not take effect for a position; and
"(C) no period of service may be extended under subsection (c)(1) [(c)(2)].
"(f)
"(1) the termination of the program does not terminate the employee's employment in that position before the expiration of the lesser of—
"(A) the period for which the employee was appointed; or
"(B) the period to which the employee's service is limited under subsection (c), including any extension made under paragraph (2) of that subsection before the termination of the program; and
"(2) the rate of basic pay prescribed for the position under subsection (b)(2) may not be reduced for so long (within the period applicable to the employee under paragraph (1)) as the employee continues to serve in the position without a break in service.
"(g)
"(2) The annual report shall contain, for the period covered by the report, the following:
"(A) A detailed discussion of the exercise of authority under this section.
"(B) The sources from which individuals appointed under subsection (b)(1) were recruited.
"(C) The methodology used for identifying and selecting such individuals.
"(D) Any additional information that the Secretary considers helpful for assessing the utility of the authority under this section."
FBI Personnel Management System for Non-Special Agent Employees; Secretary of the Treasury
"(a) Notwithstanding any other provision of law relating to position classification or employee pay or performance, during the 3-year period beginning on the date of enactment of this Act [Nov. 26, 1997], the Director of the Federal Bureau of Investigation may, with the approval of the Attorney General, establish a personnel management system providing for the compensation and performance management of not more than 3,000 non-Special Agent employees to fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Federal Bureau of Investigation.
"(b) Except as otherwise provided by law, no employee compensated under any system established under this section may be paid at a rate in excess of the rate payable for a position at level III of the Executive Schedule [
"(c) Total payments to employees under any system established under this section shall be subject to the limitation on payments to employees set forth in
"(d) Not later than 90 days after the date of enactment of this Act [Nov. 26, 1997], the Director of the Federal Bureau of Investigation shall submit to the Committees on Appropriations and the Committees on the Judiciary of the House of Representatives and the Senate, the Committee on Government Reform and Oversight [now Committee on Government Reform] of the House of Representatives, and the Committee on Governmental Affairs of the Senate, an operating plan describing the Director's intended use of the authority under this section, and identifying any provisions of
"(e) Any performance management system established under this section shall have not less than 2 levels of performance above a retention standard.
"(f) Not later than March 31, 2000, the Director of the Federal Bureau of Investigation shall submit to Congress an evaluation of the performance management system established under this section, which shall include—
"(1) a comparison of—
"(A) the compensation, benefits, and performance management provisions governing personnel of similar employment classification series in other departments and agencies of the Federal Government; and
"(B) the costs, consistent with standards prescribed in Office of Management and Budget Circular A–76, of contracting for any services provided through those departments and agencies; and
"(2) if appropriate, a recommendation for legislation to extend the authority under this section.
"(g)(1) Notwithstanding any other provision of law and subject to paragraph (2), the Secretary of the Treasury is authorized to establish, for a period of three years from date of enactment of this provision [Nov. 26, 1997], a personnel management demonstration project providing for the compensation and performance management of not more than a combined total of 950 employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and Firearms, the United States Customs Service, and the United States Secret Service.
"(2) The provisions of subsections (b) through (f) and subsection (h) shall apply to the demonstration project authorized by paragraph (1) except that—
"(A) any reference in such subsections to the Director of the Federal Bureau of Investigation shall include a reference to the Secretary of the Treasury;
"(B) the operating plan required by subsection (d) shall be submitted not later than February 1, 1999 to the House and Senate Committees on Appropriations, the House Committee on Government Reform and Oversight [now House Committee on Government Reform], the Senate Committee on Governmental Affairs, the House Committee on Ways and Means, and the Senate Committee on Finance; and
"(C) the report required by subsection (f) shall be submitted not later than March 31, 2001.
"(h) The authority to establish a demonstration project under this section shall terminate on November 26, 2000."
Termination of Authority To Establish Scientific or Professional Positions Outside the General Schedule
Section 414(a)(2)(A) of
Section 415(a)(3) of
Limitations on Executive Positions Not To Apply to Individuals Occupying Those Positions on October 12, 1978
Section 414(a)(3) of
"(A) The provisions of paragraphs (1) and (2) of this subsection [amending
"(B) The Director—
"(i) in establishing under
"(ii) in establishing under section 3104 of such title 5 the maximum number of scientific or professional positions which may be established,
shall take into account positions to which subparagraph (A) of this paragraph applies."
[Section 415(a)(3) of
[References in laws to rates of pay for GS–16, 17, or 18, or to maximum rates of pay under General Schedule, to be considered references to rates payable under specified sections of this title, see section 529 [title I, §101(c)(1)] of
Cross References
Positions established under this section in the competitive service but without competitive examination, see
Section Referred to in Other Sections
This section is referred to in
§3105. Appointment of administrative law judges
Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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June 11, 1946, ch. 324, §11 (1st sentence), |
The words "Subject to the civil service" are omitted as unnecessary inasmuch as appointments are made subject to the civil service laws unless specifically excepted. The words "and other laws not inconsistent with this chapter" are omitted as unnecessary because of the organization of this title.
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—
References to Hearing Examiner Deemed References to Administrative Law Judge
Section 3 of
Hearing Examiners Employed by Department of Agriculture
Functions vested by
Hearing Examiners Employed by Department of Commerce
Functions vested by
Hearing Examiners Employed by Department of the Interior
Functions vested by
Hearing Examiners Employed by Department of Justice
Functions vested by
Hearing Examiners Employed by Department of Labor
Functions vested by
Hearing Examiners Employed by Department of the Treasury
Functions vested by
Hearing Examiners Appointed for Indian Probate Work
Hearing examiners appointed for Indian probate work pursuant to former
Cross References
Additional requirements imposed by statute or otherwise recognized by law not limited or repealed by this section, see
Communications Act, joint boards as having the same jurisdiction and powers as is conferred upon examiner by this section, see
Compensation, see
Matters involving selection or tenure of employees exempt from application of adjudicatory provisions of
Office of Personnel Management, investigations, reports, and regulations for purposes of this section as relating to administrative law judges, see
Removal, see
Subsequent statutes to be held to supersede or modify this section only to the extent that they do so expressly, see
Use of administrative law judges from other agencies in case of temporary or occasional insufficiency in an agency, see
Section Referred to in Other Sections
This section is referred to in
§3106. Employment of attorneys; restrictions
Except as otherwise authorized by law, the head of an Executive department or military department may not employ an attorney or counsel for the conduct of litigation in which the United States, an agency, or employee thereof is a party, or is interested, or for the securing of evidence therefor, but shall refer the matter to the Department of Justice. This section does not apply to the employment and payment of counsel under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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R.S. §189. Sept. 2, 1958, |
||
R.S. §365. Sept. 2, 1958, |
Sections 189 and 365 of the Revised Statutes, as amended, are combined and the section is revised to express the effect of the law since department heads have long employed, with the approval of Congress, attorneys to advise them in the conduct of their official duties. The law which concentrates the authority for the conduct of litigation in the Department of Justice is codified in
The words "Executive department" are substituted for "department" as the definition of "department" applicable to R.S. §189 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 (
R.S. §189 was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 1, 1949, ch. 412, §4,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 22 section 2698.
§3107. Employment of publicity experts; restrictions
Appropriated funds may not be used to pay a publicity expert unless specifically appropriated for that purpose.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Oct. 22, 1913, ch. 32, §1 (last par. under "Interstate Commerce Commission"), |
The prohibition is restated in positive form.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§3108. Employment of detective agencies; restrictions
An individual employed by the Pinkerton Detective Agency, or similar organization, may not be employed by the Government of the United States or the government of the District of Columbia.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Mar. 3, 1893, ch. 208 (5th par. under "Public Buildings"), |
The prohibition is restated in positive form.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§3109. Employment of experts and consultants; temporary or intermittent
(a) For the purpose of this section—
(1) "agency" has the meaning given it by
(2) "appropriation" includes funds made available by statute under
(b) When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to—
(1) the provisions of this title governing appointment in the competitive service;
(2)
(3)
However, an agency subject to
(c) Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section.
(d) The Office of Personnel Management shall prescribe regulations necessary for the administration of this section. Such regulations shall include—
(1) criteria governing the circumstances in which it is appropriate to employ an expert or consultant under the provisions of this section;
(2) criteria for setting the pay of experts and consultants under this section; and
(3) provisions to ensure compliance with such regulations.
(e) Each agency shall report to the Office of Personnel Management on an annual basis with respect to—
(1) the number of days each expert or consultant employed by the agency during the period was so employed; and
(2) the total amount paid by the agency to each expert and consultant for such work during the period.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Aug. 2, 1946, ch. 744, §15, |
In subsection (a), the definitions of "agency" and "appropriation" are added on authority of the Act of Aug. 2, 1946, ch. 744, §18,
In subsection (b), the words "the provisions of this title governing appointment in the competitive service" are substituted for "the civil-service laws". The words "
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—Subsecs. (d), (e).
1988—Subsec. (c).
1982—Subsec. (a)(2).
1978—Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
Appropriations Relating to Labor, Health and Human Services, and Education; Public Disclosure of Consulting Service Through Procurement Contract
Similar provisions were contained in the following prior appropriation acts:
Availability of Appropriations for Services
Similar provisions were contained in the following prior appropriation acts:
Appropriations Relating to Energy and Water Development; Public Disclosure of Consulting Service Through Procurement Contract
Cross References
Travel expenses of consultants or experts, see
Section Referred to in Other Sections
This section is referred to in
§3110. Employment of relatives; restrictions
(a) For the purpose of this section—
(1) agency means—
(A) an Executive agency;
(B) an office, agency, or other establishment in the legislative branch;
(C) an office, agency, or other establishment in the judicial branch; and
(D) the government of the District of Columbia;
(2) "public official" means an officer (including the President and a Member of Congress), a member of the uniformed service, an employee and any other individual, in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency; and
(3) "relative" means, with respect to a public official, an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
(b) A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a civilian position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual.
(c) An individual appointed, employed, promoted, or advanced in violation of this section is not entitled to pay, and money may not be paid from the Treasury as pay to an individual so appointed, employed, promoted, or advanced.
(d) The Office of Personnel Management may prescribe regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this section.
(e) This section shall not be construed to prohibit the appointment of an individual who is a preference eligible in any case in which the passing over of that individual on a certificate of eligibles furnished under
(Added
Amendments
1978—Subsec. (d).
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section 220(a)(1) of title II of
Retroactive Effect
Section 221(c) of
[Section 221(c) of
Section Referred to in Other Sections
This section is referred to in
§3111. Acceptance of volunteer service
(a) For the purpose of this section, "student" means an individual who is enrolled, not less than half-time, in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. An individual who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if such individual shows to the satisfaction of the Office of Personnel Management that the individual has a bona fide intention of continuing to pursue a course of study or training in the same or different educational institution during the school semester (or other period into which the school year is divided) immediately after the interim.
(b) Notwithstanding
(1) is performed by a student, with the permission of the institution at which the student is enrolled, as part of an agency program established for the purpose of providing educational experiences for the student;
(2) is to be uncompensated; and
(3) will not be used to displace any employee.
(c)(1) Except as provided in paragraph (2), any student who provides voluntary service under subsection (b) of this section shall not be considered a Federal employee for any purpose other than for purposes of
(2) In addition to being considered a Federal employee for the purposes specified in paragraph (1), any student who provides voluntary service as part of a program established under subsection (b) of this section in the Internal Revenue Service, Department of the Treasury, shall be considered an employee of the Department of the Treasury for purposes of—
(A)
(B) subsections (a)(1), (h)(1), (k)(6), and (l)(4) of
(C)
(D)
except that returns and return information (as defined in
(Added
Amendments
1983—Subsec. (c)(1).
Subsec. (c)(2).
1982—Subsec. (b).
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
§3112. Disabled veterans; noncompetitive appointment
Under such regulations as the Office of Personnel Management shall prescribe, an agency may make a noncompetitive appointment leading to conversion to career or career-conditional employment of a disabled veteran who has a compensable service-connected disability of 30 percent or more.
(Added
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
§3113. Restriction on reemployment after conviction of certain crimes
An employee shall be separated from service and barred from reemployment in the Federal service, if—
(1) the employee is convicted of a violation of
(2) such violation related to conduct prohibited under section 1010(a) of the Controlled Substances Import and Export Act (
(Added
Effective Date
Section 638(c) of
SUBCHAPTER II—THE SENIOR EXECUTIVE SERVICE
Subchapter Referred to in Other Sections
This subchapter is referred to in title 7 section 16; title 38 section 7425.
§3131. The Senior Executive Service
It is the purpose of this subchapter to establish a Senior Executive Service to ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality. The Senior Executive Service shall be administered so as to—
(1) provide for a compensation system, including salaries, benefits, and incentives, and for other conditions of employment, designed to attract and retain highly competent senior executives;
(2) ensure that compensation, retention, and tenure are contingent on executive success which is measured on the basis of individual and organizational performance (including such factors as improvements in efficiency, productivity, quality of work or service, cost efficiency, and timeliness of performance and success in meeting equal employment opportunity goals);
(3) assure that senior executives are accountable and responsible for the effectiveness and productivity of employees under them;
(4) recognize exceptional accomplishment;
(5) enable the head of an agency to reassign senior executives to best accomplish the agency's mission;
(6) provide for severance pay, early retirement, and placement assistance for senior executives who are removed from the Senior Executive Service for nondisciplinary reasons;
(7) protect senior executives from arbitrary or capricious actions;
(8) provide for program continuity and policy advocacy in the management of public programs;
(9) maintain a merit personnel system free of prohibited personnel practices;
(10) ensure accountability for honest, economical, and efficient Government;
(11) ensure compliance with all applicable civil service laws, rules, and regulations, including those related to equal employment opportunity, political activity, and conflicts of interest;
(12) provide for the initial and continuing systematic development of highly competent senior executives;
(13) provide for an executive system which is guided by the public interest and free from improper political interference; and
(14) appoint career executives to fill Senior Executive Service positions to the extent practicable, consistent with the effective and efficient implementation of agency policies and responsibilities.
(Added
References in Text
The civil service laws, referred to in par. (11), are set out in this title. See, particularly,
Effective Date
Section 415 of title IV of
"(a)(1) The provisions of this title, other than sections 413 and 414(a) [enacting this subchapter and
"(2) The provisions of
"(3) The provisions of
"(b)(1) The amendments made by
"(2) The continuity of a session is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 60-day period.
"(3) The provisions of subsections (d), (e), (f), (g), (h), (i), (j), and (k) of
"(4) During the 5-year period referred to in paragraph (1) of this subsection, the Director of the Office of Personnel Management shall include in each report required under
Congressional Findings Respecting Continuation of Senior Executive Service
Section Referred to in Other Sections
This section is referred to in
§3132. Definitions and exclusions
(a) For the purpose of this subchapter—
(1) "agency" means an Executive agency, except a Government corporation and the General Accounting Office, but does not include—
(A) any agency or unit thereof excluded from coverage by the President under subsection (c) of this section; or
(B) the Federal Bureau of Investigation, the Drug Enforcement Administration, the Central Intelligence Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Security Agency, Department of Defense intelligence activities the civilian employees of which are subject to
(C) the Federal Election Commission; or
(D) the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Housing Finance Board, the Resolution Trust Corporation, the Farm Credit Administration, the Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development, and the National Credit Union Administration;
(2) "Senior Executive Service position" means any position in an agency which is classified above GS–15 pursuant to section 5108 or in level IV or V of the Executive Schedule, or an equivalent position, which is not required to be filled by an appointment by the President by and with the advice and consent of the Senate, and in which an employee—
(A) directs the work of an organizational unit;
(B) is held accountable for the success of one or more specific programs or projects;
(C) monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to such goals;
(D) supervises the work of employees other than personal assistants; or
(E) otherwise exercises important policy-making, policy-determining, or other executive functions;
but does not include—
(i) any position in the Foreign Service of the United States; or
(ii) an administrative law judge position under
(3) "senior executive" means a member of the Senior Executive Service;
(4) "career appointee" means an individual in a Senior Executive Service position whose appointment to the position or previous appointment to another Senior Executive Service position was based on approval by the Office of Personnel Management of the executive qualifications of such individual;
(5) "limited term appointee" means an individual appointed under a nonrenewable appointment for a term of 3 years or less to a Senior Executive Service position the duties of which will expire at the end of such term;
(6) "limited emergency appointee" means an individual appointed under a nonrenewable appointment, not to exceed 18 months, to a Senior Executive Service position established to meet a bona fide, unanticipated, urgent need;
(7) "noncareer appointee" means an individual in a Senior Executive Service position who is not a career appointee, a limited term appointee, or a limited emergency appointee;
(8) "career reserved position" means a position which is required to be filled by a career appointee and which is designated under subsection (b) of this section; and
(9) "general position" means any position, other than a career reserved position, which may be filled by either a career appointee, noncareer appointee, limited emergency appointee, or limited term appointee.
(b)(1) For the purpose of paragraph (8) of subsection (a) of this section, the Office shall prescribe the criteria and regulations governing the designation of career reserved positions. The criteria and regulations shall provide that a position shall be designated as a career reserved position only if the filling of the position by a career appointee is necessary to ensure impartiality, or the public's confidence in the impartiality, of the Government. The head of each agency shall be responsible for designating career reserved positions in such agency in accordance with such criteria and regulations.
(2) The Office shall periodically review general positions to determine whether the positions should be designated as career reserved. If the Office determines that any such position should be so designated, it shall order the agency to make the designation.
(3) Notwithstanding the provisions of any other law, any position to be designated as a Senior Executive Service position (except a position in the Executive Office of the President) which—
(A) is under the Executive Schedule, or for which the rate of basic pay is determined by reference to the Executive Schedule, and
(B) on the day before the date of the enactment of the Civil Service Reform Act of 1978 was specifically required under
shall be designated as a career reserved position if the position entails direct responsibility to the public for the management or operation of particular government programs or functions.
(4) Not later than March 1 of each year, the head of each agency shall publish in the Federal Register a list of positions in the agency which were career reserved positions during the preceding calendar year.
(c) An agency may file an application with the Office setting forth reasons why it, or a unit thereof, should be excluded from the coverage of this subchapter. The Office shall—
(1) review the application and stated reasons,
(2) undertake a review to determine whether the agency or unit should be excluded from the coverage of this subchapter, and
(3) upon completion of its review, recommend to the President whether the agency or unit should be excluded from the coverage of this subchapter.
If the Office recommends that an agency or unit thereof be excluded from the coverage of this subchapter, the President may, on written determination, make the exclusion for the period determined by the President to be appropriate.
(d) Any agency or unit which is excluded from coverage under subsection (c) of this section shall make a sustained effort to bring its personnel system into conformity with the Senior Executive Service to the extent practicable.
(e) The Office may at any time recommend to the President that any exclusion previously granted to an agency or unit thereof under subsection (c) of this section be revoked. Upon recommendation of the Office, the President may revoke, by written determination, any exclusion made under subsection (c) of this section.
(f) If—
(1) any agency is excluded under subsection (c) of this section, or
(2) any exclusion is revoked under subsection (e) of this section,
the Office shall, within 30 days after the action, transmit to the Congress written notice of the exclusion or revocation.
(Added
References in Text
Level IV or V of the Executive Schedule, referred to in subsec. (a)(2), are set out in
The date of the enactment of the Civil Service Reform Act of 1978, referred to in subsec. (b)(3), is the date of the enactment of
Amendments
1996—Subsec. (a)(1)(B).
1994—Subsec. (a)(1)(B).
1992—Subsec. (a)(1)(B).
Subsec. (a)(1)(D).
1990—Subsec. (a)(1)(D).
Subsec. (a)(2).
1989—Subsec. (a)(1)(D).
1988—Subsec. (a)(1)(B).
Subsec. (a)(2)(iii).
1980—Subsec. (a)(1)(C).
1979—Subsec. (a)(1)(B).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3133. Authorization of positions; authority for appointment
(a) During each even-numbered calendar year, each agency shall—
(1) examine its needs for Senior Executive Service positions for each of the 2 fiscal years beginning after such calendar year; and
(2) submit to the Office of Personnel Management a written request for a specific number of Senior Executive Service positions for each of such fiscal years.
(b) Each agency request submitted under subsection (a) of this section shall—
(1) be based on the anticipated type and extent of program activities and budget requests of the agency for each of the 2 fiscal years involved, and such other factors as may be prescribed from time to time by the Office; and
(2) identify, by position title, positions which are proposed to be designated as or removed from designation as career reserved positions, and set forth justifications for such proposed actions.
(c) The Office of Personnel Management, in consultation with the Office of Management and Budget, shall review the request of each agency and shall authorize, for each of the 2 fiscal years covered by requests required under subsection (a) of this section, a specific number of Senior Executive Service positions for each agency.
(d)(1) The Office of Personnel Management may, on a written request of an agency or on its own initiative, make an adjustment in the number of positions authorized for any agency. Each agency request under this paragraph shall be submitted in such form, and shall be based on such factors, as the Office shall prescribe.
(2) The total number of positions in the Senior Executive Service may not at any time during any fiscal year exceed 105 percent of the total number of positions authorized under subsection (c) of this section for such fiscal year.
(e)(1) Not later than July 1, 1979, and from time to time thereafter as the Director of the Office of Personnel Management finds appropriate, the Director shall establish, by rule issued in accordance with
(2) The Director may, by rule, designate a number of career reserved positions which is less than the number required by paragraph (1) of this subsection only if the Director determines such lesser number necessary in order to designate as general positions one or more positions (other than positions described in
(A) involve policymaking responsibilities which require the advocacy or management of programs of the President and support of controversial aspects of such programs;
(B) involve significant participation in the major political policies of the President; or
(C) require the senior executives in the positions to serve as personal assistants of, or advisers to, Presidential appointees.
The Director shall provide a full explanation for his determination in each case.
(Added
References in Text
Section 413 of the Civil Service Reform Act of 1978, referred to in subsec. (e)(1), is set out as a note below.
The date of such Act, referred to in subsec. (e)(1), probably means Oct. 13, 1978, the date of the enactment of the Civil Service Reform Act of 1978.
Conversion to Senior Executive Service
Section 413 of
"(a) For the purpose of this section, 'agency', 'Senior Executive Service position', 'career appointee', 'career reserved position', 'limited term appointee', 'noncareer appointee', and 'general position' have the meanings set forth in
"(b)(1) Under the guidance of the Office of Personnel Management, each agency shall—
"(A) designate those positions which it considers should be Senior Executive Service positions and designate which of those positions it considers should be career reserved positions; and
"(B) submit to the Office a written request for—
"(i) a specific number of Senior Executive Service positions; and
"(ii) authority to employ a specific number of noncareer appointees.
"(2) The Office of Personnel Management shall review the designations and requests of each agency under paragraph (1) of this subsection, and shall establish interim authorizations in accordance with
"(c)(1) Each employee serving in a position at the time it is designated as a Senior Executive Service position under subsection (b) of this section shall elect to—
"(A) decline conversion and be appointed to a position under such employee's current type of appointment and pay system, retaining the grade, seniority, and other rights and benefits associated with such type of appointment and pay system; or
"(B) accept conversion and be appointed to a Senior Executive Service position in accordance with the provisions of subsections (d), (e), (f), (g), and (h) of this section.
The appointment of an employee in an agency because of an election under subparagraph (A) of this paragraph shall not result in the separation or reduction in grade of any other employee in such agency.
"(2) Any employee in a position which has been designated a Senior Executive Service position under this section shall be notified in writing of such designation, the election required under paragraph (1) of this subsection, and the provisions of subsections (d), (e), (f), (g), and (h) of this section. The employee shall be given 90 days from the date of such notification to make the election under paragraph (1) of this subsection.
"(d) Each employee who has elected to accept conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section and who is serving under—
"(1) a career or career-conditional appointment; or
"(2) a similar type of appointment in an excepted service position, as determined by the Office;
in a position which is designated as a Senior Executive Service position shall be appointed as a career appointee to such Senior Executive Service position without regard to section 3393(b)–(e) of
"(e) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section and who is serving under an excepted appointment in a position which is not designated a career reserved position in the Senior Executive Service, but is—
"(1) a position in Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations;
"(2) a position filled by noncareer executive assignment under subpart F of part 305 of title 5, Code of Federal Regulations; or
"(3) a position in the Executive Schedule under subchapter II of
shall be appointed as a noncareer appointee to a Senior Executive Service position.
"(f) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section, who is serving in a position described in paragraph (1), (2), or (3) of subsection (e) of this section, and whose position is designated as a career reserved position under subsection (b) of this section shall be appointed as a noncareer appointee to an appropriate general position in the Senior Executive Service or shall be separated.
"(g) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section, who is serving in a position described in paragraph (1), (2), or (3) of subsection (e) of this section, and whose position is designated as a Senior Executive Service position and who has reinstatement eligibility to a position in the competitive service, may, on request to the Office, be appointed as a career appointee to a Senior Executive Service position. The name of, and basis for reinstatement eligibility for, each employee appointed as a career appointee under this subsection shall be published in the Federal Register.
"(h) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section and who is serving under a limited executive assignment under subpart F of part 305 of title 5, Code of Federal Regulations, shall—
"(1) be appointed as a limited term appointee to a Senior Executive Service position if the position then held by such employee will terminate within 3 years of the date of such appointment;
"(2) be appointed as a noncareer appointee to a Senior Executive Service position if the position then held by such employee is designated as a general position; or
"(3) be appointed as a noncareer appointee to a general position if the position then held by such employee is designated as a career reserved position.
"(i) The rate of basic pay for any employee appointed to a Senior Executive Service position under this section shall be greater than or equal to the rate of basic pay payable for the position held by such employee at the time of such appointment.
"(j) Any employee who is aggrieved by any action by any agency under this section is entitled to appeal to the Merit Systems Protection Board under
"(k) The Office shall prescribe regulations to carry out the purpose of this section."
Section 415(a)(2) of
Cross References
Inspector General as "appointing authority" for members or positions within Senior Executive Service within office of an Inspector General, see Inspector General Act of 1978, §6(d), set out in the Appendix to this title.
Section Referred to in Other Sections
This section is referred to in
§3134. Limitations on noncareer and limited appointments
(a) During each calendar year, each agency shall—
(1) examine its needs for employment of noncareer appointees for the fiscal year beginning in the following year; and
(2) submit to the Office of Personnel Management, in accordance with regulations prescribed by the Office, a written request for authority to employ a specific number of noncareer appointees for such fiscal year.
(b) The number of noncareer appointees in each agency shall be determined annually by the Office on the basis of demonstrated need of the agency. The total number of noncareer appointees in all agencies may not exceed 10 percent of the total number of Senior Executive Service positions in all agencies.
(c) Subject to the 10 percent limitation of subsection (b) of this section, the Office may adjust the number of noncareer positions authorized for any agency under subsection (b) of this section if emergency needs arise that were not anticipated when the original authorizations were made.
(d) The number of Senior Executive Service positions in any agency which are filled by noncareer appointees may not at any time exceed the greater of—
(1) 25 percent of the total number of Senior Executive Service positions in the agency; or
(2) the number of positions in the agency which were filled on the date of the enactment of the Civil Service Reform Act of 1978 by—
(A) noncareer executive assignments under subpart F of part 305 of title 5, Code of Federal Regulations, as in effect on such date, or
(B) appointments to level IV or V of the Executive Schedule which were not required on such date to be made by and with the advice and consent of the Senate.
This subsection shall not apply in the case of any agency having fewer than 4 Senior Executive Service positions.
(e) The total number of limited emergency appointees and limited term appointees in all agencies may not exceed 5 percent of the total number of Senior Executive Service positions in all agencies.
(Added
References in Text
The date of enactment of the Civil Service Reform Act of 1978, referred to in subsec. (d)(2), is the date of enactment of
Level IV or V of the Executive Schedule, referred to in subsec. (d)(2)(B), are set out in
Section Referred to in Other Sections
This section is referred to in title 20 section 3461; title 38 section 709.
[§3135. Repealed. Pub. L. 104–66, title II, §2181(a)(1), Dec. 21, 1995, 109 Stat. 732 ]
Section, added
§3136. Regulations
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
(Added
SUBCHAPTER III—THE FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE
§3151. The Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service
(a) The Attorney General may by regulation establish a personnel system for senior personnel within the Federal Bureau of Investigation and the Drug Enforcement Administration to be known as the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service (hereinafter in this subchapter referred to as the "FBI–DEA Senior Executive Service"). The regulations establishing the FBI–DEA Senior Executive Service shall—
(1) meet the requirements set forth in section 3131 for the Senior Executive Service;
(2) provide that positions in the FBI–DEA Senior Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2);
(3) provide rates of pay for the FBI–DEA Senior Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted;
(4) provide a performance appraisal system for the FBI–DEA Senior Executive Service that conforms to the provisions of subchapter II of
(5) provide for—
(A) removal consistent with section 3592;
(B) reduction-in-force procedures consistent with section 3595(a), together with measures to ensure that a member of the FBI–DEA Senior Executive Service may not be removed due to a reduction in force unless reasonable efforts to place such member in another such position are first taken;
(C) procedures in accordance with which any furlough affecting the FBI–DEA Senior Executive Service shall be carried out;
(D) removal or suspension consistent with subsections (a), (b), and (c) of section 7543 (except that any hearing or appeal to which a member of the FBI–DEA Senior Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Attorney General); and
(E) recertification consistent with section 3393a;
(6) permit the payment of performance awards to members of the FBI–DEA Senior Executive Service consistent with the provisions applicable to performance awards under section 5384; and
(7) provide that members of the FBI–DEA Senior Executive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c).
(b)(1) Except as provided in subsection (a), the Attorney General may—
(A) make applicable to the FBI–DEA Senior Executive Service any of the provisions of this title applicable to applicants for or members of the Senior Executive Service; and
(B) appoint, promote, and assign individuals to positions established within the FBI–DEA Senior Executive Service without regard to the provisions of this title governing appointments and other personnel actions in the competitive service.
(2)(A) Notwithstanding any other provision of this section, an individual may not be selected for the FBI–DEA Senior Executive Service unless such individual is a career employee in the civil service.
(B) For the purpose of subparagraph (A), "career employee in the civil service" shall have such meaning as the Attorney General, in consultation with the Director of the Office of Personnel Management, by regulation prescribes.
(c) The President, based on the recommendations of the Attorney General, may award ranks to members of the FBI–DEA Senior Executive Service in a manner consistent with the provisions of section 4507.
(d) Notwithstanding any other provision of this section, the Attorney General may detail or assign any member of the FBI–DEA Senior Executive Service to serve in a position outside the Federal Bureau of Investigation or the Drug Enforcement Administration (as the case may be) in which the member's expertise and experience may be of benefit to the Federal Bureau of Investigation or the Drug Enforcement Administration (as the case may be) or another Government agency. Any such member shall not by reason of such detail or assignment lose any entitlement or status associated with membership in the FBI–DEA Senior Executive Service.
(e) The Attorney General shall each year submit to Congress, at the time the budget is submitted by the President to the Congress for the next fiscal year, a report on the FBI–DEA Senior Executive Service. The report shall include, in the aggregate and by agency—
(1) the number of FBI–DEA Senior Executive Service positions established as of the end of the preceding fiscal year;
(2) the number of individuals being paid at each rate of basic pay for the FBI–DEA Senior Executive Service as of the end of the preceding fiscal year;
(3) the number, distribution, and amount of awards paid to members of the FBI–DEA Senior Executive Service during the preceding fiscal year; and
(4) the number of individuals removed from the FBI–DEA Senior Executive Service during the preceding fiscal year—
(A) for less than fully successful performance;
(B) due to a reduction in force; or
(C) for any other reason.
(Added
References in Text
Provisions of this title governing appointments and other personnel actions in the competitive service, referred to in subsec. (b)(1)(B), are classified generally to
Amendments
1989—Subsec. (a)(5)(E).
Effective Date of 1989 Amendment
Section 506(d) of
Section Referred to in Other Sections
This section is referred to in
§3152. Limitation on pay
Members of the FBI–DEA Senior Executive Service shall be subject to the limitation under section 5307.
(Added
Amendments
1992—
CHAPTER 33 —EXAMINATION, SELECTION, AND PLACEMENT
SUBCHAPTER I—EXAMINATION, CERTIFICATION, AND APPOINTMENT
SUBCHAPTER II—OATH OF OFFICE
SUBCHAPTER III—DETAILS, VACANCIES, AND APPOINTMENTS
SUBCHAPTER IV—TRANSFERS
SUBCHAPTER V—PROMOTION
SUBCHAPTER VI—ASSIGNMENTS TO AND FROM STATES
SUBCHAPTER VII—AIR TRAFFIC CONTROLLERS
SUBCHAPTER VIII—APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE
Amendments
1998—
1996—
1995—
1993—
1992—
1990—
1989—
1988—
1985—
1979—
1978—
1975—
1972—
1971—
1970—
1967—
1966—
Chapter Referred to in Other Sections
This chapter is referred to in title 20 section 1018; title 31 section 3801; title 36 sections 510, 151307, 151707; title 42 sections 290aa, 2297b–4.
1 So in original. Does not conform to section catchline.
SUBCHAPTER I—EXAMINATION, CERTIFICATION, AND APPOINTMENT
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3301. Civil service; generally
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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §1753 (less last 16 words). |
The words "civil service in the executive branch" are substituted for "civil service of the United States" to confirm the grant of authority in view of the definition of "civil service" in section 2101. The word "will" is substituted for "may". The words "for the employment sought" are substituted for "for the branch of service into which he seeks to enter" as the latter are archaic since there are no "branches" within the executive branch. The word "applicant" is substituted for "candidate".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Short Title of 1998 Amendment
Short Title of 1991 Amendment
Temporary Measures To Facilitate Reemployment of Certain Displaced Federal Employees
"(a)
"(1) the term 'agency' means an Executive agency (as defined by
"(2) the term 'displaced employee' means any individual who is—
"(A) an employee of the Department of Defense who has been given specific notice that such employee is to be separated due to a reduction in force; or
"(B) a former employee of the Department of Defense who was involuntarily separated therefrom due to a reduction in force.
"(b)
"(c)
"(d)
"(A) became a displaced employee within the 12-month period ending immediately before the date of the enactment of this Act [Oct. 23, 1992]; or
"(B) becomes a displaced employee on or after the date of the enactment of this Act and before October 1, 1997.
"(2) In the case of a displaced employee described in paragraph (1)(A), for purposes of computing any period of time under subsection (c), the date of the specific notice described in subsection (a)(2)(A) (or, if the employee was separated as described in subsection (a)(2)(B) before the date of enactment of this Act, the date of separation) shall be deemed to have occurred on such date of enactment.
"(3) Nothing in this section shall be considered to apply with respect to any position—
"(A) which has been filled as of the date of enactment of this Act; or
"(B) which has been excepted from the competitive service because of its confidential, policy-determining, policy-making or policy-advocating character."
National Advisory Council on the Public Service
"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)
"(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
"(D) 4 of whom shall be chosen from among members of the public who do not hold any Government office or position.
"(b)
"(c)
"(d)
"(e)
"(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
"(f)
"(g)
"(h)
"SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
"(a)
"(b)
"(c)
"(d)
"SEC. 7. POWERS.
"(a)
"(b)
"(c)
"(d)
"(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)
"(b)
"SEC. 10. AUTHORIZATION.
"There is authorized to be appropriated such sums as may be necessary to carry out this Act."
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" (
(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 (
(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.
(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.
Executive Order No. 9367
Ex. Ord. No. 9367, Aug. 4, 1943, 8 F.R. 11017, which prohibited, with certain exceptions, instructions of applicants for civil service and foreign service examinations by officers or employees of the government, was revoked by Ex. Ord. No. 11408, Apr. 25, 1968, 33 F.R. 6459.
Ex. Ord. No. 10577. Civil Service Rules
Ex. Ord. No. 10577, Nov. 22, 1954, 19 F.R. 7521, eff. Jan. 23, 1955, as amended by Ex. Ord. No. 10641, Oct. 26, 1955, 20 F.R. 8137; Ex. Ord. No. 10675, Aug. 21, 1956, 21 F.R. 6327 Jan. 23, 1956; Ex. Ord. No. 10745, Dec. 12, 1957, 22 F.R. 10025; Ex. Ord. No. 10869, Mar. 9, 1960, 25 F.R. 2073; Ex. Ord. No. 11315, Nov. 17, 1966, 31 F.R. 14729; Ex. Ord. No. 11839, Feb. 15, 1975, 40 F.R. 7351; Ex. Ord. No. 11856, May 7, 1975, 40 F.R. 20259; Ex. Ord. No. 11887, Nov. 4, 1975, 40 F.R. 51411; Ex. Ord. No. 11935; Sept. 2, 1976, 41 F.R. 37301; Ex. Ord. No. 12021, Nov. 30, 1977, 42 F.R. 61237; Ex. Ord. No. 12043, Mar. 7, 1978, 43 F.R. 9773; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12125, Mar. 15, 1979, 44 F.R. 16879; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12300, Mar. 23, 1981, 46 F.R. 18683; Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521; Ex. Ord. No. 12896, Feb. 3, 1994, 59 F.R. 5515; Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 61519; Ex. Ord. No. 13124, §2(b), June 4, 1999, 64 F.R. 31103, provided:
PART I—CIVIL SERVICE RULES
Rule I—Coverage and Definitions
§1.1. Positions and Employees Affected by These Rules
These Rules shall apply to all positions in the competitive service and to all incumbents of such positions. Except as expressly provided in the Rule concerned, these Rules shall not apply to positions and employees in the excepted service.
§1.2. Extent of the Competitive Service
The competitive service shall include: (a) All civilian positions in the executive branch of the Government unless specifically excepted therefrom by or pursuant to statute or by the Office of Personnel Management (hereafter referred to in these Rules as the Office) under section 6.1 of Rule VI; and (b) all positions in the legislative and judicial branches of the Federal Government and in the Government of the District of Columbia which are specifically made subject to the civil-service laws by statute. The Office is authorized and directed to determine finally whether a position is in the competitive service.
§1.3. Definitions
As used in these Rules:
(a) "Competitive service" shall have the same meaning as the words "classified service", or "classified (competitive) service", or "classified civil service" as defined in existing statutes and executive orders.
(b) "Competitive position" shall mean a position in the competitive service.
(c) "Competitive status" shall mean basic eligibility to be noncompetitively selected to fill a vacancy in a competitive position. A competitive status shall be acquired by career-conditional or career appointment through open competitive examination upon satisfactory completion of a probationary period, or may be granted by statute, executive order, or the Civil Service Rules without competitive examination. A person with competitive status may be promoted, transferred, reassigned, reinstated, or demoted without taking an open competitive examination, subject to the conditions prescribed by the Civil Service Rules and Regulations.
(d) An employee shall be considered as being in the competitive service when he has a competitive status and occupies a competitive position unless he is serving under a temporary appointment: Provided, That an employee who is in the competitive service at the time his position is first listed under Schedule A, B, or C shall be considered as continuing in the competitive service as long as he continues to occupy such position.
(e) "Tenure" shall mean the period of time an employee may reasonably expect to serve under his current appointment. Tenure shall be granted and governed by the type of appointment under which an employee is currently serving without regard to whether he has a competitive status or whether his appointment is to a competitive position or an excepted position.
§1.4. Extent of the Excepted Service
(a) The excepted service shall include all civilian positions in the executive branch of the Government which are specifically excepted from the requirements of the Civil Service Act or from the competitive service by or pursuant to statute or by the Office under section 6.1 of Rule VI.
(b) "Excepted service" shall have the same meaning as the words "unclassified service", or "unclassified civil service", or "positions outside the competitive civil service" as used in existing statutes and executive orders.
(c) "Excepted position" shall have the same meaning as "unclassified position", or "position excepted by law", or "position excepted by executive order", or "position excepted by Civil Service Rule", or "position outside the competitive service" as used in existing statutes and executive orders.
Rule II—Appointment Through the Competitive System
§2.1. Competitive Examinations and Eligible Registers
(a) The Office shall be responsible for open competitive examinations for admission to the competitive service which will fairly test the relative capacity and fitness of the persons examined for the position to be filled. The Office is authorized to establish standards with respect to citizenship, age, education, training and experience, suitability, and physical and mental fitness, and for residence or other requirements which applicants must meet to be admitted to or rated in examinations.
(b) In addition to the names of persons who qualify in competitive examinations, the names of persons who have lost eligibility on a career or career-conditional register because of service in the armed forces, and the names of persons who lost opportunity for certification or who have served under career or career-conditional appointment when the Office determines that they should be given certification, may also be entered at such places on appropriate registers and under such conditions as the Office may prescribe.
(c) Whenever the Office of Personnel Management (1) is unable to certify a sufficient number of names to permit the appointing officer to consider three eligibles for appointment to a fourth-class postmaster position in accordance with the regular procedure, or (2) finds that a particular rate of compensation for fourth-class postmaster positions is too low to warrant regular competitive examinations for such positions, it may authorize appointment to any such position or positions in accordance with such procedure as may be prescribed by the Office. Persons appointed under this subsection may acquire competitive status subject to satisfactory completion of a probationary period prescribed by the Office.
§2.2. Appointments
(a) The Office shall establish and administer a career-conditional appointment system for positions subject to competitive examination which will permit adjustment of the career service to necessary fluctuations in Federal employment, and provide an equitable and orderly system for stabilizing the Federal work force. A competitive status shall be acquired by a career-conditional appointee upon satisfactory completion of a probationary period, but the appointee shall have career-conditional tenure for a period of service to be prescribed by regulation of the Office. When an employee has completed the required period of service his appointment shall be converted to a career appointment without time limitation: Provided, That his career-conditional appointment shall not be converted to a career appointment if the limitation on the number of permanent employees in the Federal civil service established under subsection (b) of this section would be exceeded thereby. Persons selected from competitive civil service registers for other than temporary appointment shall be given career-conditional appointments: Provided, That career appointments shall be given to the following classes of eligibles: (1) Persons whose appointments are required by statute to be made on a permanent basis; (2) employees serving under career appointments at the time of selections from such registers; (3) former employees who have eligibility for career appointments upon reinstatement; and (4) to the extent permitted by law, persons appointed to positions in the field service of the Post Office Department for which salary rates are fixed by the act of July 6, 1945,
(b) Under the career-conditional appointment system there shall be a limit on the number of permanent employees in the Federal civil service which shall be the ceiling established by section 1310 of the Supplemental Appropriation Act, 1952 (
(c) The Office may determine the types, duration, and conditions of indefinite and temporary appointments, and may prescribe the method for replacing persons holding such appointments.
§2.3. Apportionment
Subject to such modifications as the Office finds to be necessary in the interest of good administration, appointments to positions in agencies' headquarters offices which are located within the metropolitan area of Washington, D.C., shall be made so as to maintain the apportionment of appointments among the several States, Territories, and the District of Columbia upon the basis of population.
§2.4. Probationary Period
Persons selected from registers of eligibles for career or career-conditional appointment and employees promoted, transferred, or otherwise assigned, for the first time, to supervisory or managerial positions shall be required to serve a probationary period under terms and conditions prescribed by the Office.
Rule III—Noncompetitive Acquisition of Status
§3.1. Classes of Persons Who May Noncompetitively Acquire Status
(a) Upon recommendation by the agency concerned, and subject to such noncompetitive examination, time limits, or other requirements as the Office may prescribe, the following classes of persons may acquire a competitive status without competitive examination:
(1) A person holding a permanent position when it is placed in the competitive service by statute or executive order or is otherwise made subject to competitive examination.
(2) A disabled veteran who, in a manner satisfactory to the Office, has completed a course of training in the executive branch of the Government prescribed by the Administrator of Veterans' Affairs in accordance with the act of March 24, 1943,
(3) An employee who has served at least two years in the immediate office of the President or on the White House Staff and who is transferred to a competitive position at the request of an agency.
(4) An employee who was serving when his name was reached for certification on a civil-service register appropriate for the position in which he was serving: Provided, That the recommendation for competitive status is made prior to expiration of the register on which his name appears or is made during a period of continuous service since his name was reached: Provided further, That the register was being used for appointments conferring competitive status at the time his name was reached.
(b) Upon recommendation by the employing agency, and subject to such requirements as the Office of Personnel Management may prescribe, the following classes of handicapped employees may acquire competitive status without competitive examination:
(1) A severely physically handicapped employee who completes at least two years of satisfactory service in a position excepted from the competitive service.
(2) A mentally retarded employee who completes at least two years of satisfactory service in a position excepted from the competitive service.
(3) An employee with psychiatric disabilities who completes at least 2 years of satisfactory service in a position excepted from the competitive service.
§3.2. Appointments Without Competitive Examination in Rare Cases
Subject to receipt of satisfactory evidence of the qualifications of the person to be appointed, the Office may authorize an appointment in the competitive service without competitive examination whenever it finds that the duties or compensation of the position are such, or that qualified persons are so rare, that, in the interest of good civil-service administration, the position cannot be filled through open competitive examination. Any person heretofore or hereafter appointed under this section shall acquire a competitive status upon completion of at least one year of satisfactory service and compliance with such requirements as the Office may prescribe. Detailed statements of the reasons for the noncompetitive appointments made under this section shall be published in the Office's annual reports.
§3.3. Conversion of Appointments
Any person who acquires a competitive status under this Rule shall have his appointment converted to career-conditional appointment unless he meets the service requirement for career appointment prescribed under section 2.2 (a) of Rule II.
Rule IV—Prohibited Practices
§4.1. [Revoked by Ex. Ord. No. 12896, Feb. 3, 1994, 59 F.R. 5515.]
§4.2. Prohibition Against Racial, Political or Religious Discrimination
No person employed in the executive branch of the Federal Government who has authority to take or recommend any personnel action with respect to any person who is an employee in the competitive service or any eligible or applicant for a position in the competitive service shall make any inquiry concerning the race, political affiliation or religious beliefs of any such employee, eligible, or applicant. All disclosures concerning such matters shall be ignored, except as to such membership in political parties or organizations as constitutes by law a disqualification for Government employment. No discrimination shall be exercised, threatened, or promised by any person in the executive branch of the Federal Government against or in favor of any employee in the competitive service, or any eligible or applicant for a position in the competitive service because of his race, political affiliation or religious beliefs, except as may be authorized or required by law.
§4.3. Prohibition Against Securing Withdrawal From Competition
No person shall influence another person to withdraw from competition for any position in the competitive service for the purpose of either improving or injuring the prospects of any applicant for appointment.
Rule V—Regulations, Investigations, Evaluation, and Enforcement
§5.1. Civil Service Regulations
The Director, Office of Personnel Management, shall promulgate and enforce regulations necessary to carry out the provisions of the Civil Service Act and the Veterans' Preference Act, as reenacted in
§5.2. Investigation and Evaluations
The Director may secure effective implementation of the civil service laws, rules, and regulations, and all Executive orders imposing responsibilities on the Office by:
(a) Investigating the qualifications and suitability of applicants for positions in the competitive service. The Director may require appointments to be made subject to investigation to enable the Director to determine, after appointment, that the requirements of law or the civil service rules and regulations have been met.
(b) Evaluating the effectiveness of: (1) personnel policies, programs, and operations of Executive and other Federal agencies subject to the jurisdiction of the Office, including their effectiveness with regard to merit selection and employee development; (2) agency compliance with and enforcement of applicable laws, rules, regulations and office directives; and (3) agency personnel management evaluation systems.
(c) Investigating, or directing an agency to investigate and report on, apparent violations of applicable laws, rules, regulations, or directives requiring corrective action, found in the course of an evaluation.
(d) Requiring agencies to report, in a manner and at times as the Director may prescribe, personnel information the Director requests relating to civilian employees in the Executive branch of the Government, as defined by Section 311 of the Civil Service Reform Act of 1978 [set out as a note under
§5.3. Enforcement
(a) The Director is authorized to ensure enforcement of the civil service laws, rules, and regulations, and all applicable Executive orders, by:
(1) Instructing an agency to separate or take other action against an employee serving an appointment subject to investigation when the Director finds that the employee is disqualified for Federal employment. Where the employee or the agency appeals the Director's finding that a separation or other action is necessary, the Director may instruct the agency as to whether or not the employee should remain on duty and continue to receive pay pending adjudication of the appeal: Provided, That when an agency separates or takes other action against an employee pursuant to the Director's instructions, and the Director, on the basis of new evidence, subsequently reverses the initial decision as to the employee's qualifications and suitability, the agency shall, upon request of the Director, restore the employee to duty or otherwise reverse any action taken.
(2) Reporting the results of evaluation or investigations to the head of the agency concerned with instructions for any corrective action necessary, including cancellation of personnel actions where appropriate. The Director's findings resulting from evaluations or investigations are binding unless changed as a result of agency evidence and arguments against them. If, during the course of any evaluation or investigation under this Section, the Director finds evidence of matters which come within the investigative and prosecutorial jurisdiction of the Special Counsel of the Merit Systems Protection Board, the Director shall refer this evidence to the Special Counsel for appropriate disposition.
(b) Whenever the Director issues specific instructions as to separation or other corrective action with regard to an employee, including cancellation of a personnel action, the head of the agency concerned shall comply with the Director's instructions.
(c) If the agency head fails to comply with the specific instructions of the Director as to separation or other corrective action with regard to an employee, including cancellation of a personnel action, the Director may certify to the Comptroller General of the United States the agency's failure to act together with such additional information as the Comptroller General may require, and shall furnish a copy of such certification to the head of the agency concerned. The individual with respect to whom such separation or other corrective action was instructed shall be entitled thereafter to no pay or only to such pay as appropriate to effectuate the Director's instructions.
§5.4. Information and Testimony
When required by the Office, the Merit Systems Protection Board, or the Special Counsel of the Merit Systems Protection Board, or by authorized representatives of these bodies, agencies shall make available to them, or to their authorized representatives, employees to testify in regard to matters inquired of under the civil service laws, rules, and regulations, and records pertinent to these matters. All such employees, and all applicants or eligibles for positions covered by these rules, shall give to the Office, the Merit Systems Protection Board, the Special Counsel, or to their authorized representatives, all information, testimony, documents, and material in regard to the above matters, the disclosure of which is not otherwise prohibited by law or regulation. These employees, applicants, and eligibles shall sign testimony given under oath or affirmation before an officer authorized by law to administer oaths. Employees are performing official duty when testifying or providing evidence pursuant to this section.
Rule VI—Exceptions From the Competitive Service
§6.1. Authority To Except Positions From the Competitive Service
(a) The Office may except positions from the competitive service when it determines that appointments thereto through competitive examination are not practicable. These positions shall be listed in the Office's annual report for the fiscal year in which the exceptions are made.
(b) The Office shall decide whether the duties of any particular position are such that it may be filled as an excepted position under the appropriate schedule.
(c) Notice of the Office's decision granting authority to make appointments to an excepted position under the appropriate schedule shall be published in the
§6.2. Schedules of Excepted Positions
The Office shall list positions that it excepts from the competitive service in Schedules A, B, and C, which schedules shall constitute parts of this Rule, as follows:
schedule a
Positions other than those of a confidential or policy-determining character for which it is not practicable to examine shall be listed in Schedule A.
schedule b
Positions other than those of a confidential or policy-determining character for which it is not practicable to hold a competitive examination shall be listed in Schedule B. Appointments to these positions shall be subject to such noncompetitive examinations as may be prescribed by the Office.
schedule c
Positions of a confidential or policy-determining character shall be listed in Schedule C.
§6.3. Method of Filling Excepted Positions and Status of Incumbents
(a) The head of an agency may fill excepted positions by the appointment of persons without civil service eligibility or competitive status and such persons shall not acquire competitive status by reason of such appointment: Provided, That the Office, in its discretion, may by regulation prescribe conditions under which excepted positions may be filled in the same manner as competitive positions are filled and conditions under which persons so appointed may acquire a competitive status in accordance with the Civil Service Rules and Regulations.
(b) To the extent permitted by law and the provisions of this Rule, appointments and position changes in the excepted service shall be made in accordance with such regulations and practices as the head of the agency concerned finds necessary.
§6.4. Removal of Incumbents of Excepted Positions
Except as may be required by statute, the Civil Service Rules and Regulations shall not apply to removals from positions listed in Schedules A and C or from positions excepted from the competitive service by statute. The Civil Service Rules and Regulations shall apply to removals from positions listed in Schedule B of persons who have competitive status.
§6.5. Assignment of Excepted Employees
No person who is serving under an excepted appointment shall be assigned to the work of a position in the competitive service without prior approval of the Office.
§6.6. Revocation of Exceptions
The Office may remove any position from or may revoke in whole or in part any provision of Schedule A, B, or C. Notice of the Office's decision making these changes shall be published in the
§6.7. Movement of Persons Between the Civil-Service System and Other Merit Systems
Whenever the Office and any Federal agency having an established merit system determine it to be in the interest of good administration and consistent with the intent of the civil-service laws and any other applicable laws, they may enter into an agreement prescribing conditions under which persons may be moved from one system to the other and defining the status and tenure that the persons affected shall acquire upon such movement.
§6.8. Specified Exceptions
(a) Positions in the Department of the Interior and in the Department of Commerce whose incumbents serve as the principal representative of the Secretary in their respective regions shall be listed in Schedule C for grades not exceeding grade GS–15 of the General Schedule, and shall be designated Noncareer Executive Assignments for positions graded higher than GS–15. Incumbents of these positions who are, on February 15, 1975, in the competitive service shall not be affected by the foregoing provisions of this Section.
(b) Positions in the Community Services Administration and ACTION [now Corporation for National and Community Service] whose incumbents serve as regional director or regional administrator shall be listed in Schedule C for grades not exceeding GS–15 of the General Schedule and shall be designated Noncareer Executive Assignments for positions graded higher than GS–15. Incumbents of these positions who are, on November 29, 1977, in the competitive service shall not be affected by the foregoing provisions of this subsection.
(c) Within the Department of Agriculture, positions the incumbents of which serve as State Executive Directors of the Consolidated Farm Service Agency and positions the incumbents of which serve as State Directors or State Directors-at-Large for Rural Economic and Community Development shall be listed in Schedule C for all grades of the General Schedule.
Rule VII—General Provisions
§7.1. Discretion in Filling Vacancies
In his discretion, an appointing officer may fill any position in the competitive service either by competitive appointment from a civil-service register or by noncompetitive selection of a present or former Federal employee, in accordance with the Civil Service Regulations. He shall exercise his discretion in all personnel actions solely on the basis of merit and fitness and without regard to political or religious affiliations, marital status, or race.
§7.2. Personnel Reports
Each agency shall report to the Office, in such manner and at such times as the Office may prescribe, such personnel information as it may request relating to positions and officers and employees in the competitive service and in the excepted service, whether permanent or career, career-conditional, indefinite, temporary, emergency, or subject to contract.
§7.3. Reemployment Rights
The Office, whenever it determines it to be necessary, shall prescribe regulations governing the release of employees (both within the competitive service and the excepted service) by any agency in the executive branch of the Government for employment in any other agency, and governing the establishment, granting, and exercise of rights to reemployment in the agencies from which employees are released.
§7.4. Citizenship
(a) No person shall be admitted to competitive examination unless such person is a citizen or national of the United States.
(b) No person shall be given any appointment in the competitive service unless such person is a citizen or national of the United States.
(c) The Office may, as an exception to this rule and to the extent permitted by law, authorize the appointment of aliens to positions in the competitive service when necessary to promote the efficiency of the service in specific cases or for temporary appointments.
Rule VIII—Appointments to Overseas Positions
§8.1. Additional Authority of the Office
In addition to authorizing the recruitment and appointment of persons to overseas positions under regulations issued under the preceding Rules, the Office may, by the regulations prescribed by it, authorize the recruitment and appointment of persons to such positions as provided in section 2 of this Rule. As used in this Rule, "overseas positions" means positions in foreign countries and in other areas beyond the continental limits of the United States, except as provided in section 8.4 hereof.
§8.2. Appointment of United States Citizens
United States citizens may be recruited overseas for appointment to overseas positions in the competitive service without regard to the competitive requirements of the Civil Service Act. Persons so recruited who meet the qualification standards and other requirements of the Office for overseas positions may be given appointments to be known as "overseas limited appointments." Such appointments shall be of temporary or indefinite duration, and shall not confer the right to acquire a competitive status. The Office may authorize overseas limited appointments for United States citizens recruited within the continental limits of the United States whenever it determines that it is not feasible to appoint from a civil-service register. Persons serving under appointments made pursuant to this section are hereby excluded from the operation of the Civil Service Retirement Act of May 29, 1930, as amended [
§8.3. Appointment of Persons Not Citizens of the United States
Persons who are not citizens of the United States may be recruited overseas and appointed to overseas positions without regard to the Civil Service Act.
§8.4. Positions Excepted From the Application of This Rule
This Rule shall not apply to positions in Hawaii, Puerto Rico, the Virgin Islands, and Alaska, and on the Isthmus of Panama.
Rule IX—Executive, Assignment System for Positions in Grades GS–16, 17, and 18 of the General Schedule
[Revoked by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521.]
PART II—SPECIAL PROVISIONS FOR TRANSITION FROM INDEFINITE APPOINTMENT SYSTEM TO CAREER-CONDITIONAL APPOINTMENT SYSTEM
§201
(a) Under such conditions as the Office of Personnel Management may prescribe, all employees serving under indefinite appointments in the competitive service on the effective date of this order who were appointed by selection in regular order from appropriate competitive civil-service registers established subsequent to February 4, 1946, shall, as of the effective date of this order, have their appointments converted to career-conditional appointments if they have had less than three years of creditable service, and to career appointments if they have had three or more years of such service since they were appointed: Provided, That any such employees who left their positions prior to the effective date of this order to enter the armed forces of the United States and are reemployed in the competitive service after the effective date of this order pursuant to application for employment made within ninety days after honorable discharge, or after hospitalization continuing after discharge for not more than one year, shall have their former indefinite appointments converted to career-conditional or career appointments in accordance with this section: Provided further, That employees serving in excepted positions who would meet the conditions for career-conditional or career appointments if they were serving in competitive positions shall be granted competitive status upon completion of a probationary period.
(b) The Office may prescribe the conditions under which employees who are serving under indefinite appointments in the competitive service on the effective date of this order and who were not appointed by selection in regular order from competitive civil-service registers may be examined and have their names entered on existing competitive civil-service registers. When such employees are within reach for appointment from such registers they shall be eligible for career-conditional appointments if, since they were given indefinite appointments, they have had less than three years of creditable service, and for career appointments if they have had three or more years of such service.
(c) All employees in the competitive service who on the effective date of this order are serving under indefinite appointments made noncompetitively based upon prior service with a competitive status shall, as of the effective date of this order, have their appointments converted to career-conditional appointments if they have had less than three years of creditable service and to career appointments if they have had three or more years of such service under either permanent or indefinite appointment: Provided, That any such employees who left their positions prior to the effective date of this order to enter the armed forces of the United States and are reemployed in the competitive service after the effective date of this order pursuant to application for employment made within ninety days after honorable discharge, or after hospitalization continuing after discharge for not more than one year, shall have their former indefinite appointments converted to career-conditional or career appointments in accordance with this section: Provided further, That any such employees in the field service of the Post Office Department whose salary rates are fixed by the act of July 6, 1945,
(d) The Office shall define "creditable service" and shall prescribe the conditions for completion of the period of creditable service required for career appointment.
(e) Except as provided in section 201(c) hereof, this section shall not apply to employees serving under indefinite appointments in the field service of the Post Office Department whose salary rates are fixed by the act of July 6, 1945,
§202
(a) Notwithstanding the provisions of section 201(a) of this order, and subject to such noncompetitive examination or other requirements as the Office may prescribe, any employee entitled to veteran preference who has a compensable service-connected disability of ten per centum or more may, upon recommendation of the agency concerned, noncompetitively acquire a competitive status subject to completion of a probationary period: Provided, That he is serving under an indefinite appointment, a temporary appointment pending establishment of a register, or a temporary appointment for job employment which has been continuous for more than one year: Provided further, That recommendation for acquisition of status under this section is made not later than December 31, 1957.
(b) Any employee who is recommended for noncompetitive acquisition of competitive status under section 202(a) hereof and who satisfies the noncompetitive examination and other requirements of the Office shall have the appointment under which he is serving converted to a career appointment if he has completed a probationary period or to a career-conditional appointment if he has not completed a probationary period. The career-conditional appointment of such an employee shall be converted to a career appointment upon completion of probation.
(c) An employee in the field service of the Post Office Department whose salary rate is fixed by the act of July 6, 1945,
§203
The career-conditional appointment of any employee entitled to veteran preference who has a compensable service-connected disability of ten per centum or more may be converted to a career appointment: Provided, That he received his career-conditional appointment prior to January 1, 1958, and that, not later than December 31, 1958, the agency in which he is employed recommends such conversion and certifies to the Office that he has satisfactorily completed a one-year probationary period: Provided further, That any such employee who is not certified for career appointment under this section shall have his career-conditional appointment converted to a career appointment when he has completed the service requirement for such appointment prescribed under section 2.2(a) of Civil Service Rule II.
§204
In order to effectuate the purposes of section 1310 of the Supplemental Appropriations Act, 1952 (
§205
The Office shall issue such regulations and instructions as may be necessary to effectuate the purposes of this part.
PART III
§301
The following-described executive orders and parts of executive orders are hereby revoked:
Part II of Executive Order No. 9830 of February 24, 1947, amending the Civil Service Rules: Provided, That the positions listed in Schedules A, B, and C as provided for in Civil Service Rule VI of that order, as amended, shall be considered as being listed in Schedules A, B, and C, respectively, as provided for in Civil Service Rule VI of this order, unless and until they are removed therefrom by the Office.
Executive Orders No. 9973 of June 28, 1948, No. 10440 of March 31, 1953, and No. 10463 of June 25, 1953, amending Civil Service Rule VI.
Executive Order No. 10180 of November 13, 1950, establishing special personnel procedures in the interest of national defense.
PART IV
§401
This order shall become effective on the first Sunday after the sixtieth day after the date hereof.
Executive Order No. 10590
Ex. Ord. No. 10590, Jan. 18, 1955, 20 F.R. 409, as amended by Ex. Ord. No. 10722, Aug. 7, 1957, 22 F.R. 6287; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23 F.R. 6971, which established the President's Committee on Government Employment Policy, was superseded by Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, set out as a note under
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
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
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
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 (
(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.
(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.
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 [
(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
(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 [
(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.
Ex. Ord. No. 11315. Amending the Civil Service Rules To Authorize an Executive Assignment System for Positions in Grades 16, 17, and 18 of the General Schedule
Ex. Ord. No. 11315, Nov. 17, 1966, 31 F.R. 14729, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
WHEREAS, the increasing complexities of Government require personnel of the highest attainable qualifications who are capable of assuming and discharging efficiently major and varied duties and responsibilities in the Executive Branch in response to present and future needs; and
WHEREAS, this need for high quality can best be met by the establishment of an executive assignment system for the top three grades of the General Schedule, extending and adapting merit principles in recruitment, selection, and development, combined with improvements in the identification, assignment and utilization of key personnel:
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution of the United States, by
Part I. Civil Service Rules
[Civil Service Rule IX, as established by Ex. Ord. No. 11315, as amended, was revoked by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521. See Ex. Ord. No. 10577, as amended, set out above.]
civil service rule vi
(a) Section 6.1(a) is amended to read as follows:
"(a) The Office may except positions from the competitive service when it determines that appointments thereto through competitive examination are not practicable. These positions shall be listed in the Office's annual report for the fiscal year in which the exceptions are made. The exception from the competitive service is effective on publication in the Federal Register."
(b) Section 6.6 is amended to read as follows:
"Section 6.6 Revocation of exceptions. The Office may remove any position from or may revoke in whole or in part any provision of Schedule A, B, or C. These changes are effective on publication in the Federal Register."
Part II. Special Provisions for Transition to the Full Establishment of Executive Assignments Under Rule IX
(a) If he is serving under a career or career-conditional appointment in the competitive service, he shall be converted to a Career Executive Assignment;
(b) If he is serving in the excepted service under a nontemporary appointment, he shall be converted to a Noncareer Executive Assignment;
(c) If he is serving in the competitive service under an indefinite or temporary appointment without definite time limit and:
(1) if he has served under this type of appointment for at least five years, he shall be:
(i) converted to a Career Executive Assignment, or appointed to a continuing position in the competitive service in grade GS–15, or below;
(ii) converted to a Noncareer Executive Assignment; or
(iii) separated from the service; or
(2) if he has served under this type of appointment for less than five years, he shall be:
(i) converted to a Noncareer Executive Assignment;
(ii) separated from the service; or
(iii) allowed to continue to serve until he has served five years, at which time the appointing officer shall take one of the actions provided for in subparagraph (1) of this paragraph.
An incumbent who is serving under any other type of appointment shall continue under that appointment until it is terminated.
Part III. Administration
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
Executive Order No. 11813
Ex. Ord. No. 11813, Oct. 7, 1974, 39 F.R. 36317, which related to career or career-conditional appointments for cooperative education students, was revoked by Ex. Ord. No. 12015, Oct. 26, 1977, 42 F.R. 56947, set out below.
Ex. Ord. No. 11839. Amending the Civil Service Rules To Except Certain Positions in Regional Offices From the Career Service
Ex. Ord. No. 11839, Feb. 15, 1975, 40 F.R. 7351, provided:
The program to decentralize Federal policy and decision making and to involve local governments and other interested parties in Federal, State, and local policy and program development requires a capability for deep involvement in the development and advocacy of Administration proposals and policies, and support of their controversial aspects, on the part of certain senior regional officials.
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution of the United States and
"Section 6.8. Specified Exceptions
"Positions in the Department of the Interior whose incumbents serve as the principal representative of the Secretary in their respective regions shall be listed in Schedule C for grades not exceeding grade GS–15 of the General Schedule and shall be designated Noncareer Executive Assignments for positions graded higher than GS–15. Incumbents of these positions who are, on February 15, 1975, in the competitive service shall not be affected by the foregoing provisions of this Section."
"Sec. 9.11. Specified Noncareer Executive Assignments
"The regional director, regional administrator, or the Secretary's principal regional representative positions in the Department of Health, Education, and Welfare, Housing and Urban Development, Transportation and Labor, and those positions in the Environmental Protection Agency shall be designated Noncareer Executive Assignments; and, the Limited Executive Assignments of any incumbents of these positions on February 15, 1975, are converted to Noncareer Executive Assignments. Incumbents of these positions serving in Career Executive Assignments on February 15, 1975, shall not be affected by the foregoing provisions of this Section."
Gerald R. Ford.
Ex. Ord. No. 11856. Amending the Civil Service Rules To Except Certain Positions in Regional Offices From the Career Service
Ex. Ord. No. 11856, May 7, 1975, 40 F.R. 20259, provided:
By virtue of the authority vested in me by the Constitution of the United States of America and
Gerald R. Ford.
Ex. Ord. No. 11887. Amending the Civil Service Rules To Except Certain Positions From the Career Service
Ex. Ord. No. 11887, Nov. 4, 1975, 40 F.R. 51411, provided:
By virtue of the authority vested in me by the Constitution of the United States of America and
Gerald R. Ford.
Ex. Ord. No. 11935. Amending the Civil Service Rules Concerning Citizenship Requirements for Federal Employment
Ex. Ord. No. 11935, Sept. 2, 1976, 41 F.R. 37301, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including
"Section 7.4. Citizenship
"(a) No person shall be admitted to competitive examination unless such person is a citizen or national of the United States.
"(b) No person shall be given any appointment in the competitive service unless such person is a citizen or national of the United States.
"(c) The Office may, as an exception to this rule and to the extent permitted by law, authorize the appointment of aliens to positions in the competitive service when necessary to promote the efficiency of the service in specific cases or for temporary appointments.".
Ex. Ord. No. 11955. Career or Career-Conditional Appointment to Certain Qualified Employees of National Aeronautics and Space Administration
Ex. Ord. No. 11955, Jan. 10, 1977, 42 F.R. 2499, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by
(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.
Executive Order No. 12008
Ex. Ord. No. 12008, Aug. 25, 1977, 42 F.R. 43373, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which established a Presidential Management Intern Program, was revoked by Ex. Ord. No. 12364, May 24, 1982, 47 F.R. 22931, set out below.
Ex. Ord. No. 12015. Career or Career-Conditional Appointments in Competitive Service for Students Completing Approved Career-Related Work-Study Programs
Ex. Ord. No. 12015, Oct. 26, 1977, 42 F.R. 56947, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 13024, Nov. 7, 1996, 61 F.R. 58125, provided:
By virtue of the authority vested in me by
(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.
Ex. Ord. No. 12021. Amending the Civil Service Rules To Except Certain Positions From the Career Service
Ex. Ord. No. 12021, Nov. 30, 1977, 42 F.R. 61237, provided:
By virtue of the authority vested in me by the Constitution of the United States of America, and
"(b) Positions in the Community Services Administration and ACTION [now Corporation for National and Community Service] whose incumbents serve as regional director or regional administrator shall be listed in Schedule C for grades not exceeding GS–15 of the General Schedule and shall be designated Noncareer Executive Assignments for positions graded higher than GS–15. Incumbents of these positions who are, on November 29, 1977, in the competitive service shall not be affected by the foregoing provisions of this subsection.".
"(b) The regional director or regional administrator positions in the Defense Civil Preparedness Agency and the General Services Administration shall be designated as Noncareer Executive Assignments and the Limited Executive Assignments of any incumbents of these positions on November 29, 1977, are converted to Noncareer Executive Assignments. Incumbents of these positions who are, on November 29, 1977, serving in Career Executive Assignments shall not be affected by the foregoing provisions of this subsection.".
Jimmy Carter.
Executive Order No. 12026
For provisions relating to eligibility for reinstatement in the competitive civil service of certain employees of the Energy Department, see Ex. Ord. No. 12026, Dec. 5, 1977, 42 F.R. 61849, set out as a note under
Ex. Ord. No. 12043. Amending the Civil Service Rules Regarding Notice of Exemptions From the Competitive Service
Ex. Ord. No. 12043, Mar. 7, 1978, 43 F.R. 9773, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by the Constitution of the United States of America, and
"(c) Notice of the Office's decision granting authority to make appointments to an excepted position under the appropriate schedule shall be published in the
"(c) The Office shall include in its annual report a current listing, by agency, of all positions authorized to be filled by Limited Executive Assignment.".
"(f) The Office shall include in its annual report a current listing, by agency, of all positions authorized to be filled by Noncareer Executive Assignment.".
Jimmy Carter.
Ex. Ord. No. 12125. Amending the Civil Service Rules Relating to Competitive Status for Handicapped Federal Employees
Ex. Ord. No. 12125, Mar. 15, 1979, 44 F.R. 16879, provided:
By the authority vested in me as President of the United States of America by
"(b) Upon recommendation by the employing agency, and subject to such requirements as the Office of Personnel Management may prescribe, the following classes of handicapped employees may acquire competitive status without competitive examination:
"(1) A severely physically handicapped employee who completes at least two years of satisfactory service in a position excepted from the competitive service.
"(2) A mentally retarded employee who completes at least two years of satisfactory service in a position excepted from the competitive service.".
Jimmy Carter.
Executive Order No. 12257
Ex. Ord. No. 12257, Dec. 18, 1980, 45 F.R. 84005, which provided for noncompetitive conversion of participants in the Comprehensive Employment and Training Act program to career or career-conditional Civil Service status, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
Executive Order No. 12300
Ex. Ord. No. 12300, Mar. 23, 1981, 46 F.R. 18683, which amended section 6.8 of Civil Service Rule VI by adding subsec. (c), excepting certain positions in Department of Agriculture from the competitive service, was superseded by Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 61519, set out below.
Executive Order No. 12362
Ex. Ord. No. 12362, May 12, 1982, 47 F.R. 21231, as amended by Ex. Ord. No. 12585, Mar. 3, 1987, 52 F.R. 6773, which related to appointment to competitive status of certain overseas employees upon return to the United States, was revoked by Ex. Ord. No. 12721, July 30, 1990, 55 F.R. 31349, set out below.
Ex. Ord. No. 12364. Presidential Management Intern Program
Ex. Ord. No. 12364, May 24, 1982, 47 F.R. 22931, as amended by Ex. Ord. No. 12645, July 12, 1988, 53 F.R. 26750, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including
(b) The Office of Personnel Management shall develop appropriate procedures for the recruitment, nomination, screening, placement and continuing career development of outstanding individuals possessing the qualifications described above.
(c) In developing those procedures, the Office of Personnel Management shall be guided by the following principles and policies:
(1) The number of new Presidential Management Interns selected shall not exceed four hundred in any fiscal year.
(2) Final placement of Presidential Management Interns shall be made by the head of the department, agency, or component within the Executive Office of the President in which the Intern is to be employed, or by the designee thereof.
(3) Universities and colleges participating in the Program shall make nominations for the Program. In making nominations, they shall establish competitive selection processes and procedures to ensure that all applicants receive careful and thorough review.
(4) The procedures so developed shall provide for such affirmative actions as the Office of Personnel Management deems appropriate to assure equal employment opportunity. The procedures shall also provide for the application of appropriate veterans preference criteria.
(b) Tenure for the Presidential Management Interns shall be governed by the following principles and policies:
(1) Assigned responsibilities shall be consistent with an Intern's educational background and career interests, and the purposes of this Program.
(2) Continuation in the Program shall be contingent upon satisfactory performance by the Interns throughout the internship period.
(3) Except as provided in subsection (4) of this Section, service as an Intern shall confer no rights to further Federal employment in either the competitive or excepted service upon the expiration of the internship period.
(4) Competitive civil service status may be granted to Interns who satisfactorily complete their internships and meet all other requirements prescribed by the Office of Personnel Management.
Ronald Reagan.
Ex. Ord. No. 12505. Career Appointments to Certain Office of Management and Budget Employees
Ex. Ord. No. 12505, Feb. 12, 1985, 50 F.R. 6151, provided:
By the authority vested in me as President by the laws of the United States of America, including
(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.
Ronald Reagan.
Ex. Ord. No. 12596. Noncompetitive Conversion to Career Status of Certain Employees in Professional and Administrative Career Positions
Ex. Ord. No. 12596, May 7, 1987, 52 F.R. 17537, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including
Ronald Reagan.
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
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:
(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.
(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.
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
(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.
George Bush.
Ex. Ord. No. 12940. Amendment to Civil Service Rule VI
Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 61519, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
"(c) Within the Department of Agriculture, positions the incumbents of which serve as State Executive Directors of the Consolidated Farm Service Agency and positions the incumbents of which serve as State Directors or State Directors-at-Large for Rural Economic and Community Development shall be listed in Schedule C for all grades of the General Schedule."
This order supersedes Executive Order No. 12300.
William J. Clinton.
Ex. Ord. No. 13124. Amending the Civil Service Rules Relating To Federal Employees With Psychiatric Disabilities
Ex. Ord. No. 13124, June 4, 1999, 64 F.R. 31103, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(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.
(a) The Director of the Office of Personnel Management shall, consistent with OPM authority, provide that persons with psychiatric disabilities are subject to the same hiring rules as persons with mental retardation or severe physical disabilities.
(b) Civil Service Rule III (5 CFR Part 3) is amended by adding the following new paragraph to subsection (b) of section 3.1:
"(3) An employee with psychiatric disabilities who completes at least 2 years of satisfactory service in a position excepted from the competitive service."
William J. Clinton.
Cross References
President's authority to prescribe regulations for the conduct of employees in the executive branch, see
Removal and suspension of individuals in the competitive service for cause to promote the efficiency of the service, see
Section Referred to in Other Sections
This section is referred to in
§3302. Competitive service; rules
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
Each officer and individual employed in an agency to which the rules apply shall aid in carrying out the rules.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Jan. 16, 1883, ch. 27, §2(1) (less function of Civil Service Commission), (2) 8 (last sentence), |
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
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).
1979—Par. (2).
1978—Par. (2).
Effective Date of 1993 Amendment; Savings Provision
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
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
(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.
(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.
(a) "agency" means a military department as defined in
(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.
Section Referred to in Other Sections
This section is referred to in
§3303. Competitive service; recommendations of Senators or Representatives
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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Jan. 16, 1883, ch. 27, §10, |
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—
1993—
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1993 Amendment; Savings Provision
Amendment by
Section Referred to in Other Sections
This section is referred to in title 38 section 7403.
§3304. Competitive service; examinations
(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; and
(2) noncompetitive examinations when competent applicants do not compete after notice has been given of the existence of the vacancy.
(b) An individual may be appointed in the competitive service only if he has passed an examination or is specifically excepted from examination under
(c)(1) For the purpose of this subsection, the term "technician" has the meaning given such term by
(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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Jan. 16, 1883, ch. 27, §2(2)1, |
|
Jan. 16, 1883, ch. 27, §2(2)7 (less last 17 words), |
||
(b) | Jan. 16, 1883, ch. 27, §7 (as applicable to appointment), |
|
(c) | Nov. 26, 1940, ch. 919, §2(b), Feb. 12, 1946, ch. 3, May 29, 1958, |
|
June 24, 1952, ch. 456, |
||
(d) | Jan. 16, 1883, ch. 27, §3 (7th sentence), |
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
1999—Subsec. (f)(2), (3).
Subsec. (f)(4).
Subsec. (f)(5).
1998—Subsec. (f).
1996—Subsec. (c)(1).
1995—Subsec. (c).
"(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).
1986—Subsecs. (d), (e).
1978—Subsec. (d).
Effective Date of 1999 Amendment
Effective Date of 1995 Amendment
Section 16(c) of
Section 17(b) of
"(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
Cross References
President's power to grant exceptions from provisions of subsec. (a) of this section, see
Section Referred to in Other Sections
This section is referred to in
§3304a. Competitive service; career appointment after 3 years' temporary service
(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.
(Added
Amendments
1990—Subsec. (a).
1978—Subsec. (a).
Subsec. (d).
1970—Subsec. (a).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date
Section 4 of
"(a) This section and section 3 of this Act [amending provisions set out as a note under
"(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
§3305. Competitive service; examinations; when held
(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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Jan. 16, 1883, ch. 27, §3 (last 24 words of 6th sentence), |
|
(b) | June 27, 1944, ch. 287, §10, |
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 [§§3305, 3309, 3318] of
Amendments
1979—Subsec. (a).
Subsec. (b).
Effective Date of 1979 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[§3306. Repealed. Pub. L. 95–228, §1, Feb. 10, 1978, 92 Stat. 25 ]
Section,
§3307. Competitive service; maximum-age entrance requirements; exceptions
(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).
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1956, ch. 452, §302 (less proviso), |
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.
References in Text
For definition of Secretary, referred to in subsec. (b), see
Amendments
1998—Subsec. (a).
Subsec. (f).
1988—Subsec. (d).
Subsec. (e).
1980—Subsec. (b).
1974—Subsec. (a).
Subsec. (d).
1972—
Effective Date of 1988 Amendment
Section 103(f) of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1974 Amendment
Section 7 of
Effective Date of 1972 Amendment
Amendment by
United States Park Police; Age Limits for Original Appointments
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
§3308. Competitive service; examinations; educational requirements prohibited; exceptions
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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §5 (less 1st 2 sentences), |
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—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3309. Preference eligibles; examinations; additional points for
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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §3 (less proviso), |
||
Jan. 19, 1948, ch. 1, §2, |
||
Dec. 27, 1950, ch. 1151, §2(a), |
||
July 14, 1952, ch. 728, §2, |
||
Aug. 14, 1953, ch. 485, §1(a) "Sec. 3 (1st sentence)", |
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).
1967—Cl. (1).
Cross References
Definition of preference eligibles, see
Points granted by this section to be included in determining order of entry on registers and lists of eligibles, see
Regulations for administration of provisions giving preference to preference eligibles, see
Seniority not affected by transfer of postal ten-point preference eligibles, see
Section Referred to in Other Sections
This section is referred to in
§3310. Preference eligibles; examinations; guards, elevator operators, messengers, and custodians
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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §3 (proviso), Aug. 14, 1953, ch. 485, §1(a) "Sec. 3 (2d sentence)", |
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.
Cross References
Restriction on contract for services, see
Section Referred to in Other Sections
This section is referred to in
§3311. Preference eligibles; examinations; crediting experience
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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §4, |
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, §305(a),
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.
Section Referred to in Other Sections
This section is referred to in
§3312. Preference eligibles; physical qualifications; waiver
(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
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §5 (1st 2 sentences, less so much as relates to promotion, retention, and 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—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3313. Competitive service; registers of eligibles
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
(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
(B) remaining applicants, in the order of their ratings, including points added under
The names of preference eligibles shall be entered ahead of others having the same rating.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, 287, §7, |
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.
Section Referred to in Other Sections
This section is referred to in
§3314. Registers; preference eligibles who resigned
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
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §16, |
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—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3315. Registers; preference eligibles furloughed or separated
(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
(b) The Office may declare a preference eligible who has been separated or furloughed without pay under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | June 27, 1944, ch. 287 §15 (1st sentence), |
|
(b) | June 27, 1944, ch. 287, §14 (2d proviso), |
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).
Subsec. (b).
Effective Date of 1979 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[§3315a. Repealed. Pub. L. 93–416, §22(c), Sept. 7, 1974, 88 Stat. 1150 ]
Section, added
§3316. Preference eligibles; reinstatement
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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §13, |
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.
Section Referred to in Other Sections
This section is referred to in
§3317. Competitive service; certification from registers
(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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §8 (1st sentence and 2d proviso), |
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).
Subsec. (b).
1978—Subsec. (b).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3318. Competitive service; selection from certificates
(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
(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
(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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a), (b) | Jan. 16, 1883, ch. 27, §2(2)2, |
|
June 27, 1944, ch. 287, §8 (less 1st sentence, 2d proviso, and last sentence), |
||
(c) | June 27, 1944, ch. 287, §15 (less 1st sentence), |
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).
Subsec. (b).
1967—Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[§3319. Repealed. Pub. L. 95–454, title III, §307(h)(1), Oct. 13, 1978, 92 Stat. 1149 ]
Section,
Effective Date of Repeal
Repeal effective 90 days after Oct. 13, 1978, see section 907 of
§3320. Excepted service; government of the District of Columbia; selection
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
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §9, |
||
June 27, 1944, ch. 287, §20, |
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
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
Section Referred to in Other Sections
This section is referred to in
§3321. Competitive service; probationary period
(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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Jan. 16, 1883, ch. 27. §2(2)4, |
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).
1978—
Effective Date of 1978 Amendment
Amendment by
Cross References
President's power to grant exceptions from provisions of this section, see
Section Referred to in Other Sections
This section is referred to in
[§3322. Repealed. Pub. L. 95–256, §5(b)(1), Apr. 6, 1978, 92 Stat. 191 ]
Section,
Effective Date of Repeal
Repeal effective Sept. 30, 1978, see section 5(f) of
§3323. Automatic separations; reappointment; reemployment of annuitants
(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
(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
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | June 30, 1932, ch. 314, §204, |
|
(b) | July 31, 1956, ch. 804, §401 "Sec. 13(a)", |
|
(c) | Sept. 8, 1960, |
|
(d) | June 20, 1938, ch. 535, §5, |
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
In subsection (d), the words "Notwithstanding subsection (a) of this section" are substituted for "The provisions of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 812 of the Foreign Service Act of 1980, referred to in subsec. (c), is classified to
Amendments
1992—Subsec. (b)(1).
1984—Subsec. (b).
1980—Subsec. (c).
Effective Date of 1980 Amendment
Amendment by
Cross References
Mandatory separation, see
Section Referred to in Other Sections
This section is referred to in title 22 sections 2386, 2512.
§3324. Appointments to positions classified above GS–15
(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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 20, 1958, Sept. 13, 1960, |
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, §2(a), effective July 1, 1958,
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
References in Text
The Treasury, Post Office, and Executive Office Appropriation Act, 1966, referred to in subsec. (a)(4)(B), is
Amendments
1992—
Subsec. (a)(1).
1990—
Subsec. (a).
1979—Subsec. (a)(4)(A).
1978—Subsecs. (a), (b).
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Cross References
Antidiscrimination in employment in administration of this section, see
Section Referred to in Other Sections
This section is referred to in
§3325. Appointments to scientific and professional positions
(a) Positions established under
(b) This section does not apply to positions established under section 3104(c).
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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(a) | Oct. 4, 1961, |
|
(b) | Oct. 11, 1962, |
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,
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).
1978—Subsec. (a).
Effective Date of 1978 Amendment
Amendment by
§3326. Appointments of retired members of the armed forces to positions in the Department of Defense
(a) For the purpose of this section, "member" and "Secretary concerned" have the meanings given them by
(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
(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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Aug. 19, 1964, |
|
(b), (c) | Aug. 19, 1964, |
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).
1979—Subsec. (b)(1).
Suspension of Section
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
§3327. Civil service employment information
(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
(Added
Prior Provisions
A prior section 3327,
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
Section Referred to in Other Sections
This section is referred to in
§3328. Selective Service registration
(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 (
(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.
(Added
Amendments
1987—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in title 38 section 7403.
§3329. Appointments of military reserve technicians to positions in the competitive service
(a) For the purpose of this section, the term "military reserve technician" has the meaning given such term by section 8401(30).1
(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 1332 1 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
(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.
(Added
References in Text
Codification
Another section 3329 was renumbered
Amendments
1997—Subsec. (b).
1996—Subsec. (b).
Subsec. (c).
"(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."
1 See References in Text note below.
§3330. Government-wide list of vacant positions
(a) For the purpose of this section, the term "agency" means an Executive agency, excluding the General Accounting Office and any agency (or unit thereof) whose principal function is the conduct of foreign intelligence or counterintelligence activities, as determined by the President.
(b) The Office of Personnel Management shall establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency that are to be filled by appointment for more than one year and for which applications are being (or will soon be) accepted from outside the agency's work force.
(c) Included for any position listed shall be—
(1) a brief description of the position, including its title, tenure, location, and rate of pay;
(2) application procedures, including the period within which applications may be submitted and procedures for obtaining additional information; and
(3) any other information which the Office considers appropriate.
(d) The list shall be available to members of the public.
(e) The Office shall prescribe such regulations as may be necessary to carry out this section. Any requirement under this section that agencies notify the Office as to the availability of any vacant positions shall be designed so as to avoid any duplication of information otherwise required to be furnished under
(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.
(Added
Amendments
1996—
1995—
Subsec. (f).
§3330a. Preference eligibles; administrative redress
(a)(1) A preference eligible who alleges that an agency has violated such individual's rights under any statute or regulation relating to veterans' preference may file a complaint with the Secretary of Labor.
(2)(A) A complaint under this subsection must be filed within 60 days after the date of the alleged violation.
(B) Such complaint shall be in writing, be in such form as the Secretary may prescribe, specify the agency against which the complaint is filed, and contain a summary of the allegations that form the basis for the complaint.
(3) The Secretary shall, upon request, provide technical assistance to a potential complainant with respect to a complaint under this subsection.
(b)(1) The Secretary of Labor shall investigate each complaint under subsection (a).
(2) In carrying out any investigation under this subsection, the Secretary's duly authorized representatives shall, at all reasonable times, have reasonable access to, for purposes of examination, and the right to copy and receive, any documents of any person or agency that the Secretary considers relevant to the investigation.
(3) In carrying out any investigation under this subsection, the Secretary may require by subpoena the attendance and testimony of witnesses and the production of documents relating to any matter under investigation. In case of disobedience of the subpoena or contumacy and on request of the Secretary, the Attorney General may apply to any district court of the United States in whose jurisdiction such disobedience or contumacy occurs for an order enforcing the subpoena.
(4) Upon application, the district courts of the United States shall have jurisdiction to issue writs commanding any person or agency to comply with the subpoena of the Secretary or to comply with any order of the Secretary made pursuant to a lawful investigation under this subsection and the district courts shall have jurisdiction to punish failure to obey a subpoena or other lawful order of the Secretary as a contempt of court.
(c)(1)(A) If the Secretary of Labor determines as a result of an investigation under subsection (b) that the action alleged in a complaint under subsection (a) occurred, the Secretary shall attempt to resolve the complaint by making reasonable efforts to ensure that the agency specified in the complaint complies with applicable provisions of statute or regulation relating to veterans' preference.
(B) The Secretary of Labor shall make determinations referred to in subparagraph (A) based on a preponderance of the evidence.
(2) If the efforts of the Secretary under subsection (b) with respect to a complaint under subsection (a) do not result in the resolution of the complaint, the Secretary shall notify the person who submitted the complaint, in writing, of the results of the Secretary's investigation under subsection (b).
(d)(1) If the Secretary of Labor is unable to resolve a complaint under subsection (a) within 60 days after the date on which it is filed, the complainant may elect to appeal the alleged violation to the Merit Systems Protection Board in accordance with such procedures as the Merit Systems Protection Board shall prescribe, except that in no event may any such appeal be brought—
(A) before the 61st day after the date on which the complaint is filed; or
(B) later than 15 days after the date on which the complainant receives written notification from the Secretary under subsection (c)(2).
(2) An appeal under this subsection may not be brought unless—
(A) the complainant first provides written notification to the Secretary of such complainant's intention to bring such appeal; and
(B) appropriate evidence of compliance with subparagraph (A) is included (in such form and manner as the Merit Systems Protection Board may prescribe) with the notice of appeal under this subsection.
(3) Upon receiving notification under paragraph (2)(A), the Secretary shall not continue to investigate or further attempt to resolve the complaint to which the notification relates.
(e)(1) This section shall not be construed to prohibit a preference eligible from appealing directly to the Merit Systems Protection Board from any action which is appealable to the Board under any other law, rule, or regulation, in lieu of administrative redress under this section.
(2) A preference eligible may not pursue redress for an alleged violation described in subsection (a) under this section at the same time the preference eligible pursues redress for such violation under any other law, rule, or regulation.
(Added
Section Referred to in Other Sections
This section is referred to in
§3330b. Preference eligibles; judicial redress
(a) In lieu of continuing the administrative redress procedure provided under section 3330a(d), a preference eligible may elect, in accordance with this section, to terminate those administrative proceedings and file an action with the appropriate United States district court not later than 60 days after the date of the election.
(b) An election under this section may not be made—
(1) before the 121st day after the date on which the appeal is filed with the Merit Systems Protection Board under section 3330a(d); or
(2) after the Merit Systems Protection Board has issued a judicially reviewable decision on the merits of the appeal.
(c) An election under this section shall be made, in writing, in such form and manner as the Merit Systems Protection Board shall by regulation prescribe. The election shall be effective as of the date on which it is received, and the administrative proceeding to which it relates shall terminate immediately upon the receipt of such election.
(Added
Section Referred to in Other Sections
This section is referred to in
§3330c. Preference eligibles; remedy
(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.
(Added
SUBCHAPTER II—OATH OF OFFICE
§3331. Oath of office
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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §1757. |
All but the quoted language in R.S. §1757 is omitted as obsolete since R.S. §1757 was originally an alternative oath to the oath prescribed in R.S. §1756 which oath was repealed by the Act of May 13, 1884, ch. 46, §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.
Section Referred to in Other Sections
This section is referred to in
§3332. Officer affidavit; no consideration paid for appointment
An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Dec. 11, 1926, ch. 4, §1, |
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.
Cross References
Withholding of pay from officer until affidavit required under this section is filed, see
Section Referred to in Other Sections
This section is referred to in
§3333. Employee affidavit; loyalty and striking against the Government
(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
(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
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 9, 1955, ch. 690, §2, |
||
[Uncodified]. | June 29, 1956, ch. 479, §3 (as applicable to the Act of Aug. 9, 1955, ch. 690, §2, |
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.
Section Referred to in Other Sections
This section is referred to in title 22 section 4001; title 39 section 410.
SUBCHAPTER III—DETAILS, VACANCIES, AND APPOINTMENTS
Amendments
1998—
Annual Report to Congress on Employees or Members of Armed Services Detailed to Executive Agencies; Exemptions
Provisions directing that 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, were contained in the following appropriations acts:
Subchapter Referred to in Other Sections
This subchapter is referred to in title 42 section 6635.
§3341. Details; within Executive or military departments
(a) The head of an Executive department or military department may detail employees among the bureaus and offices of his department, except employees who are required by law to be exclusively engaged on some specific work.
(b)(1) Details under subsection (a) of this section may be made only by written order of the head of the department, and may be for not more than 120 days. These details may be renewed by written order of the head of the department, in each particular case, for periods not exceeding 120 days.
(2) The 120-day limitation in paragraph (1) for details and renewals of details does not apply to the Department of Defense in the case of a detail—
(A) made in connection with the closure or realignment of a military installation pursuant to a base closure law or an organizational restructuring of the Department as part of a reduction in the size of the armed forces or the civilian workforce of the Department; and
(B) in which the position to which the employee is detailed is eliminated on or before the date of the closure, realignment, or restructuring.
(c) For purposes of this section—
(1) the term "base closure law" means—
(A)
(B) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
(C) the Defense Base Closure and Realignment Act of 1990 (
(2) the term "military installation"—
(A) in the case of an installation covered by
(B) in the case of an installation covered by the Act referred to in subparagraph (B) of paragraph (1), has the meaning given such term in section 209(6) of such Act; and
(C) in the case of an installation covered by the Act referred to in subparagraph (C) of that paragraph, has the meaning given such term in section 2910(4) of such Act.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §166. |
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 (
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, §201(d), as added Aug. 10, 1949, ch. 412, §4,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 209(6) of such Act, referred to in subsec. (c)(2)(B), means section 209(6) of
Section 2910(4) of such Act, referred to in subsec. (c)(2)(C), means section 2910(4) of
Amendments
1996—Subsec. (b).
Subsec. (c).
Effective Date of 1996 Amendment
Section 1033(b) of
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
Cross References
Internal Revenue field personnel detailed to duty in District of Columbia, see
Railroad Retirement Board employees, see
Section Referred to in Other Sections
This section is referred to in
[§3342. Repealed. Pub. L. 102–378, §2(13)(A), Oct. 2, 1992, 106 Stat. 1347 ]
Section, added
A prior section 3342,
Effective Date of Repeal
Section repealed effective Oct. 1, 1991, see section 9(b)(3) of
§3343. Details; to international organizations
(a) For the purpose of this section—
(1) "agency", "employee", and "international organization" have the meanings given them by
(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
(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
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Aug. 28, 1958, |
|
(b)–(e) | Aug. 28, 1958, |
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 "
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).
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
Cross References
Authority of President to prescribe regulations necessary to carry out this section, see
Section Referred to in Other Sections
This section is referred to in
§3344. Details; administrative law judges
An agency as defined by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 11, 1946, ch. 324, §11 (4th sentence), |
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—
Effective Date of 1978 Amendment
Amendment by
Cross References
Additional requirements imposed by statute or otherwise recognized by law not limited or repealed by this section, see
Office of Personnel Management, investigations, reports, and regulations for purposes of this section as relating to administrative law judges, see
Subsequent statutes to be held to supersede or modify this section only to the extent that they do so expressly, see
Section Referred to in Other Sections
This section is referred to in
§3345. Acting officer
(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
(b)(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—
(i) did not serve in the position of first assistant to the office of such officer; or
(ii) served in the position of first assistant to the office of such officer for less than 90 days; and
(B) the President submits a nomination of such person to the Senate for appointment to such office.
(2) Paragraph (1) shall not apply to any person if—
(A) such person is serving as the first assistant to the office of an officer described under subsection (a);
(B) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
(C) the Senate has approved the appointment of such person to such office.
(c)(1) Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die.
(2) For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.
(Added
References in Text
The General Schedule, referred to in subsec. (a)(3)(B), is set out under
Prior Provisions
A prior section 3345,
Effective Date
"(1)
"(2)
"(A)
"(B)
"(C)
Ex. Ord. No. 10513. Designation of Officers To Act as Secretary of Labor
Ex. Ord. No. 10513, Jan. 19, 1954, 19 F.R. 369, provided:
I hereby authorize and direct the Assistant Secretaries of Labor and the Solicitor of Labor, in the order designated as hereinafter provided, to perform the duties of the office of the Secretary of Labor in case of the absence, sickness, resignation, or death of both the Secretary of Labor and the Under [Deputy] Secretary of Labor.
The Assistant Secretaries of Labor and the Solicitor of Labor shall act as Secretary of Labor as herein provided (1) in such order as the Secretary of Labor (or the Under [Deputy] Secretary when acting as Secretary) may by order designate from time to time, or (2) if no such designation order is in effect at the time, in the order of the respective dates of their commissions, or in the event that two or more of their commissions bear the same date, in the order in which they shall have taken their oath of office.
This order supersedes Executive Order No. 9968 of June 17, 1948, entitled "Designation of Certain Officers To Act as Secretary of Labor."
Dwight D. Eisenhower.
Ex. Ord. No. 11274. Order of Succession—Department of Housing and Urban Development
Ex. Ord. No. 11274, Mar. 30, 1966, 31 F.R. 5243, as amended by
By virtue of the authority vested in me by Section 179 of the Revised Statutes (
1. In the event of a vacancy in the Office of the Secretary of Housing and Urban Development or during the absence or disability of the Secretary, the Deputy Secretary shall act as Secretary of Housing and Urban Development.
2. During any period when, by reason of absence, disability, or vacancy in office, neither the Secretary nor the Deputy Secretary is available to exercise the powers or perform the duties of the Office of the Secretary, an Assistant Secretary or the General Counsel, in such order as the Secretary may from time to time prescribe, shall act as Secretary of Housing and Urban Development. If no such order of succession is in effect at that time, then they shall act in the order in which they shall have taken office as Assistant Secretaries or General Counsel.
Ex. Ord. No. 11487. Designation of Officers of the Department of the Interior To Act as Secretary of the Interior
Ex. Ord. No. 11487, Oct. 6, 1969, 34 F.R. 15593, as amended by
By virtue of the authority vested in me by [former]
Ex. Ord. No. 11822. Designation of Officers of the Department of the Treasury To Act as Secretary of the Treasury
Ex. Ord. No. 11822, Dec. 10, 1974, 39 F.R. 43275, provided:
By virtue of the authority vested in me by [former]
Gerald R. Ford.
Ex. Ord. No. 11880. Designation of Officers of the Department of Commerce To Act as Secretary of Commerce
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, provided:
By virtue of the authority vested in me by [former]
Ex. Ord. No. 11957. Designation of Certain Officers of the Department of Agriculture To Act as Secretary of Agriculture.
Ex. Ord. No. 11957, Jan. 13, 1977, 42 F.R. 3295, provided:
By virtue of the authority vested in me by [former]
Gerald R. Ford.
Ex. Ord. No. 12343. Designation of Certain Officers To Act as Secretary of State
Ex. Ord. No. 12343, Jan. 27, 1982, 47 F.R. 4225, provided:
By the authority vested in me as President of the United States of America by [former]
Ronald Reagan.
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]
(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.
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]
(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.
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]
(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.
William J. Clinton.
Ex. Ord. No. 13000. Order of Succession of Officers To Act as Secretary of Defense
Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 18483, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including [former]
(1) Deputy Secretary of Defense.
(2) Secretary of the Army.
(3) Secretary of the Navy.
(4) Secretary of the Air Force.
(5) Under Secretary of Defense for Acquisition and Technology [now Under Secretary of Defense for Acquisition, Technology, and Logistics].
(6) Under Secretary of Defense for Policy.
(7) Under Secretary of Defense (Comptroller).
(8) Under Secretary of Defense for Personnel and Readiness.
(9) Deputy Under Secretary of Defense for Acquisition and Technology.
(10) Deputy Under Secretary of Defense for Policy.
(11) Director of Defense Research and Engineering.
(12) The Assistant Secretaries of Defense, the Director of Operational Test and Evaluation, and the General Counsel of the Department of Defense, in the order fixed by their length of service as permanent appointees in such positions.
(13) Under Secretaries of the Army, the Navy, and the Air Force, in the order fixed by their length of service as permanent appointees in such positions.
(14) Assistant Secretaries of the Army, the Navy, and the Air Force whose appointments are vested in the President, and General Counsels of the Army, the Navy, and the Air Force, in the order fixed by their length of service as permanent appointees in such positions.
(b) In the event of the temporary absence or temporary disability of the Secretary of Defense, the incumbents holding the Department of Defense positions designated in paragraph (a) of this section, in the order indicated, shall act for and exercise the powers of the Secretary of Defense as Acting Secretary of Defense.
(1) In these instances, the designation of an Acting Secretary of Defense applies only for the duration of the Secretary's absence or disability, and does not affect the authority of the Secretary to resume the powers of his office upon his return.
(2) In the event that the Secretary of Defense is temporarily absent from his position, the Secretary may continue to exercise the powers and fulfill the duties of this office during his absence, notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraphs (a)(12)–(14) of this section who have the same appointment date shall be determined by the Secretary of Defense at the time that such appointments are made.
(d) Notwithstanding paragraphs (a) and (b) of this section, an officer shall not act for or exercise the powers of the Secretary of Defense under this order if that officer serves only in an acting capacity in the position that would otherwise entitle him to do so.
William J. Clinton.
Cross References
Additional pay prohibited for officer performing duties of vacant office as authorized by this section, see
Applicability to Deputy Secretary of Agriculture, see
Section Referred to in Other Sections
This section is referred to in
§3346. Time limitation
(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.
(Added
Prior Provisions
A prior section 3346,
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
Cross References
Additional pay prohibited for officer performing duties of vacant office as authorized by this section, see
Section Referred to in Other Sections
This section is referred to in
§3347. Exclusivity
(a) Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any office of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) for which appointment is required to be made by the President, by and with the advice and consent of the Senate, unless—
(1) a statutory provision expressly—
(A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
(B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
(2) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution.
(b) Any statutory provision providing general authority to the head of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) to delegate duties statutorily vested in that agency head to, or to reassign duties among, officers or employees of such Executive agency, is not a statutory provision to which subsection (a)(1) applies.
(Added
Prior Provisions
A prior section 3347,
Amendments
1999—Subsec. (b).
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
Cross References
Additional pay prohibited for officer performing duties of vacant office as authorized by this section, see
Section Referred to in Other Sections
This section is referred to in
§3348. Vacant office
(a) In this section—
(1) the term "action" includes any agency action as defined under section 551(13); and
(2) the term "function or duty" means any function or duty of the applicable office that—
(A)(i) is established by statute; and
(ii) is required by statute to be performed by the applicable officer (and only that officer); or
(B)(i)(I) is established by regulation; and
(II) is required by such regulation to be performed by the applicable officer (and only that officer); and
(ii) includes a function or duty to which clause (i)(I) and (II) applies, and the applicable regulation is in effect at any time during the 180-day period preceding the date on which the vacancy occurs.
(b) Unless an officer or employee is performing the functions and duties in accordance with sections 3345, 3346, and 3347, if an officer of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the office shall remain vacant; and
(2) in the case of an office other than the office of the head of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office), only the head of such Executive agency may perform any function or duty of such office.
(c) If the last day of any 210-day period under section 3346 is a day on which the Senate is not in session, the second day the Senate is next in session and receiving nominations shall be deemed to be the last day of such period.
(d)(1) An action taken by any person who is not acting under section 3345, 3346, or 3347, or as provided by subsection (b), in the performance of any function or duty of a vacant office to which this section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c apply shall have no force or effect.
(2) An action that has no force or effect under paragraph (1) may not be ratified.
(e) This section shall not apply to—
(1) the General Counsel of the National Labor Relations Board;
(2) the General Counsel of the Federal Labor Relations Authority;
(3) any Inspector General appointed by the President, by and with the advice and consent of the Senate;
(4) any Chief Financial Officer appointed by the President, by and with the advice and consent of the Senate; or
(5) an office of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) if a statutory provision expressly prohibits the head of the Executive agency from performing the functions and duties of such office.
(Added
Prior Provisions
A prior section 3348,
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
Section Referred to in Other Sections
This section is referred to in
§3349. Reporting of vacancies
(a) The head of each Executive agency (including the Executive Office of the President, and other than the General Accounting Office) shall submit to the Comptroller General of the United States and to each House of Congress—
(1) notification of a vacancy in an office to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply and the date such vacancy occurred immediately upon the occurrence of the vacancy;
(2) the name of any person serving in an acting capacity and the date such service began immediately upon the designation;
(3) the name of any person nominated to the Senate to fill the vacancy and the date such nomination is submitted immediately upon the submission of the nomination; and
(4) the date of a rejection, withdrawal, or return of any nomination immediately upon such rejection, withdrawal, or return.
(b) If the Comptroller General of the United States makes a determination that an officer is serving longer than the 210-day period including the applicable exceptions to such period under section 3346 or section 3349a, the Comptroller General shall report such determination immediately to—
(1) the Committee on Governmental Affairs of the Senate;
(2) the Committee on Government Reform and Oversight of the House of Representatives;
(3) the Committees on Appropriations of the Senate and House of Representatives;
(4) the appropriate committees of jurisdiction of the Senate and House of Representatives;
(5) the President; and
(6) the Office of Personnel Management.
(Added
Prior Provisions
A prior section 3349,
Change of Name
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
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
Section Referred to in Other Sections
This section is referred to in
§3349a. Presidential inaugural transitions
(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.
(Added
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
Section Referred to in Other Sections
This section is referred to in
§3349b. Holdover provisions
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.
(Added
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
Section Referred to in Other Sections
This section is referred to in
§3349c. Exclusion of certain officers
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.
(Added
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
Section Referred to in Other Sections
This section is referred to in
§3349d. Notification of intent to nominate during certain recesses or adjournments
(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.
(Added
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
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER IV—TRANSFERS
§3351. Preference eligibles; transfer; physical qualifications; waiver
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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §5 (1st 2 sentences, so much as relates to transfer), |
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—
1975—
Effective Date of 1978 Amendment
Amendment by
Cross References
Definition of preference eligible, see
Section Referred to in Other Sections
This section is referred to in
§3352. Preference in transfers for employees making certain disclosures
(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
(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.
(Added
Effective Date
Section effective 90 days following Apr. 10, 1989, see section 11 of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER V—PROMOTION
§3361. Promotion; competitive service; examination
An individual may be promoted in the competitive service only if he has passed an examination or is specifically excepted from examination under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Jan. 16, 1883, ch. 27, §7 (as applicable to promotion), |
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.
§3362. Promotion; effect of incentive award
An agency, in qualifying and selecting an employee for promotion, shall give due weight to an incentive award under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1208, §304(f), |
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.
§3363. Preference eligibles; promotion; physical qualifications; waiver
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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §5 (1st 2 sentences, so much as relates to promotion), |
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—
1975—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[§3364. Repealed. Pub. L. 94–183, §2(6), Dec. 31, 1975, 89 Stat. 1057 ]
Section,
SUBCHAPTER VI—ASSIGNMENTS TO AND FROM STATES
Subchapter Referred to in Other Sections
This subchapter is referred to in title 22 section 4081; title 41 section 419; title 42 section 11708.
§3371. Definitions
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 (
(3) "Federal agency" means an Executive agency, military department, a court of the United States, the Administrative Office of the United States Courts, the Library of Congress, the Botanic Garden, the Government Printing Office, the Congressional Budget Office, the United States Postal Service, the Postal Rate Commission, the Office of the Architect of the Capitol, the Office of Technology Assessment, and such other similar agencies of the legislative and judicial branches as determined appropriate by the Office of Personnel Management; and
(4) "other organization" means—
(A) a national, regional, State-wide, area-wide, or metropolitan organization representing member State or local governments;
(B) an association of State or local public officials;
(C) a nonprofit organization which has as one of its principal functions the offering of professional advisory, research, educational, or development services, or related services, to governments or universities concerned with public management; or
(D) a federally funded research and development center.
(Added
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (2)(C), is
Section 4 of the Indian Self-Determination and Education Assistance Act, referred to in par. (2)(C), is classified to
Amendments
1994—Par. (4)(D).
1990—Par. (2)(C).
1988—Par. (2)(C).
1978—Par. (1)(A).
Pars. (3), (4).
1975—Par. (2)(C).
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section 404 of title IV of
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Declaration of Purpose
Section 401 of title IV of
Section Referred to in Other Sections
This section is referred to in
§3372. General provisions
(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
(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,1 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
(e) Under regulations prescribed pursuant to
(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.
(Added
Amendments
1994—Subsec. (e).
1993—Subsec. (d).
1988—Subsecs. (a), (d).
1983—Subsec. (a).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
1975—Subsec. (a).
Subsec. (d).
Effective Date of 1993 Amendment
Section 3(c) of
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 16 sections 1a–2, 471j; title 25 section 450i.
1 So in original. Probably should be "this title,".
§3373. Assignment of employees to State or local governments
(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
(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
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
(2) An employee who elects to receive benefits from a State or local government may not receive an annuity under subchapter III of
(A) bar the right of a claimant to the greater benefit conferred by either the State or local government or subchapter III of
(B) deny to an employee an annuity accruing to him under subchapter III of
(C) deny any concurrent benefit to him from the State or local government on account of the death of another individual.
(Added
References in Text
The Federal Tort Claims Act, referred to in subsec. (a), is classified to
Amendments
1992—
1978—Subsecs. (a), (b).
Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3374. Assignments of employees from State or local governments
(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
(1) subchapter III of
(2)
(3)
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
(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
(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.
(Added
References in Text
The Federal Tort Claims Act, referred to in subsec. (c)(2), is classified to
Amendments
1982—Subsec. (c)(2).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 21 section 878; title 25 section 2804.
§3375. Travel expenses
(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
(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)
(3)
(4)
(5)
(6)
(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
(Added
Amendments
1996—Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 22 section 4081.
§3376. Regulations
The President may prescribe regulations for the administration of this subchapter.
(Added
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
(a) The authority of the President under
(b) The authority of the President under section 205 (a)(4) of the Federal Civil Defense Act of 1950, as amended (
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER VII—AIR TRAFFIC CONTROLLERS
§3381. Training
(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
(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
(e) Except as provided by subsection (d) of this section, the provisions of
(f) The provisions of this section shall not otherwise affect the authority of the Secretary to provide training under
(Added
References in Text
For definition of Secretary, referred to in subsec. (a), see
Subsecs. (a) and (b) of
Amendments
1994—Subsec. (e).
1982—Subsec. (d).
1980—Subsec. (a).
Subsec. (c)(1).
Effective Date of 1994 Amendment
Section 2(c) of
Effective Date of 1980 Amendment
Amendment by
Effective Date
Section 10 of
Report to Congress
Section 9 of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§3382. Involuntary separation for retirement
An air traffic controller who is eligible for immediate retirement under
(1) aviation safety;
(2) the efficient control of air traffic; or
(3) the preservation of the physical or mental health of the controller.
(Added
References in Text
For definition of Secretary, referred to in text, see
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
Effective Date
Section effective on 90th day after May 16, 1972, see section 10 of
Section Referred to in Other Sections
This section is referred to in
§3383. Determinations; review procedures
(a) An air traffic controller subject to a determination by the Secretary under section 3381(a) or
(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
(Added
References in Text
For definition of Secretary, referred to in text, see
Amendments
1980—Subsec. (a).
Subsec. (b)(2).
Subsec. (d).
1978—Subsec. (b)(3).
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section effective on 90th day after May 16, 1972, see section 10 of
Section Referred to in Other Sections
This section is referred to in
§3384. Regulations
The Secretary is authorized to issue regulations to carry out the provisions of this subchapter.
(Added
References in Text
For definition of Secretary, referred to in text, see
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
Effective Date
Section effective on 90th day after May 16, 1972, see section 10 of
§3385. Effect on other authority
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.
(Added
References in Text
For definition of Secretary, referred to in text, see
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
Effective Date
Section effective on 90th day after May 16, 1972, see section 10 of
SUBCHAPTER VIII—APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE
Prior Provisions
A prior subchapter VIII, added
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3391. Definitions
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
(Added
Prior Provisions
A prior section 3391, added
Effective Date
Subchapter effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§3392. General appointment provisions
(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
(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.
(Added
References in Text
The Executive Schedule, referred to in subsec. (c), is set out as
Prior Provisions
A prior section 3392, added
Amendments
1990—Subsec. (c).
Effective Date of 1990 Amendment
Section 7(b)(1) of
Election by Persons Previously Appointed; Retroactive Performance Awards
Section 7(b)(2), (3) of
"(2)
"(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)
[
§3393. Career appointments
(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
(Added
Prior Provisions
A prior section 3393, added
Amendments
1990—Subsec. (g).
1989—Subsec. (g).
1984—Subsec. (b).
1981—Subsec. (g).
Effective Date of 1989 Amendments
Amendment by
Amendment by
Effective Date of 1984 Amendment
Section 307 of title III of
Effective Date of 1981 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3393a. Recertification
(a)(1) In order to ensure that the performance of career appointees demonstrates the excellence needed to meet the goals of the Senior Executive Service, as set forth in section 3131, each career appointee shall be subject to recertification by the employing agency in accordance with the provisions of this section.
(2) Beginning in calendar year 1991, and recurring every third calendar year thereafter, the head of an agency shall determine a time during such calendar year when the performance of career appointees in the agency shall be subject to recertification. Recertification shall not be required of any career appointee who has not been continuously employed as a senior executive for the 156 weeks preceding the time determined for the recertification. For the purposes of the previous sentence, a break in service of 6 months shall be deemed not to interrupt the 156 weeks of continuous employment.
(b) The supervising official of each career appointee shall submit to a performance review board established by the agency under section 4314 a recommendation as to whether the career appointee's performance justifies recertification as a senior executive, based on such factors as the career appointee's performance ratings for the 3 preceding years under section 4314, any award or other recognition received by the career appointee, any developmental activities of the career appointee, and any other relevant factors. The supervising official's recommendation shall reflect that official's view as to whether the career appointee's overall performance over the 3 preceding years has demonstrated the excellence expected of a senior executive in relation to the written performance requirements for the career appointee's senior executive position as established under section 4312(b). The career appointee may submit to the performance review board a statement of accomplishments and other documentation giving evidence of the quality of the career appointee's performance.
(c)(1) After considering the recommendation and other information received under subsection (b), the performance review board shall submit to the appointing authority a recommendation as to whether the career appointee should be recertified, conditionally recertified, or not recertified as a senior executive. If the board proposes to recommend conditional recertification or nonrecertification, then the affected appointee shall be so notified and shall have the opportunity to appear before the performance review board. If the board is recommending that the career appointee be recertified, the board may also recommend that the career appointee's rate of basic pay be increased to a higher rate established under section 5382. If the board is recommending that the career appointee be conditionally recertified, the board may recommend that the career appointee's pay be reduced to the next lower rate established under section 5382. The board shall also provide to the appointing authority the recommendation and other information received under subsection (b).
(2) More than one-half of the members of a performance review board under this section shall consist of career appointees. The requirement of the preceding sentence shall not apply in any case in which the Office of Personnel Management determines that there exists an insufficient number of career appointees available to comply with the requirement.
(d)(1) If the appointing authority determines that the career appointee's performance during the preceding 3 years demonstrates the excellence expected of a senior executive, the appointing authority shall recommend to the head of the agency that the career appointee be recertified as a senior executive.
(2) If the appointing authority determines that the career appointee's performance has not demonstrated the excellence expected of a senior executive, the appointing authority shall recommend to the head of the agency that the career appointee be conditionally recertified as a senior executive or not be recertified as a senior executive.
(e)(1) If the head of the agency decides that the career appointee's performance warrants recertification as a senior executive, the career appointee shall continue in the Senior Executive Service. If a career appointee is recertified as a senior executive, the career appointee's rate of basic pay may not be reduced at the time of recertification.
(2) If the head of the agency decides that the career appointee's performance does not warrant full recertification, but does warrant conditional recertification, the career appointee—
(A) shall remain a career appointee in the Senior Executive Service;
(B) shall be subject to continuing close review of the career appointee's performance by the supervising official in coordination with an executive resources board established under section 3393, in accordance with a performance improvement plan developed by the supervising official and subject to the approval of the executive resources board;
(C) may, if the head of the agency so determines, be reduced to the next lower rate of basic pay established under section 5382; and
(D) shall be removed from the Senior Executive Service if the career appointee is not recertified as a senior executive at the end of the 12-month period following the conditional recertification.
If, at the end of the 12-month period following the conditional recertification, the career appointee is recertified as a senior executive, any reduction that was made in the career appointee's rate of basic pay under subparagraph (C) shall be restored prospectively.
(3) If the head of the agency decides that the career appointee's performance does not demonstrate that the career appointee qualifies for recertification or conditional recertification as a senior executive, the career appointee shall be removed from the Senior Executive Service in accordance with section 3592.
(f) The Office of Personnel Management shall prescribe standards and procedures to ensure consistency and fairness for the process of recertification under this section.
(Added
Effective Date
Section effective Jan. 1, 1991, see section 506(d) of
Section Referred to in Other Sections
This section is referred to in
§3394. Noncareer and limited appointments
(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.
(Added
Prior Provisions
A prior section 3394, added
Section Referred to in Other Sections
This section is referred to in
§3395. Reassignment and transfer within the Senior Executive Service
(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
(2) Notwithstanding
(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
(2) Paragraph (1) of this subsection does not apply with respect to—
(A) any reassignment under
(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.
(Added
Prior Provisions
A prior section 3395, added
Amendments
1991—Subsec. (e)(1)(B)(ii).
Subsec. (e)(3).
1984—Subsec. (a)(2).
Effective Date of 1984 Amendment
Amendment by
§3396. Development for and within the Senior Executive Service
(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
(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
Any period of assignment under
(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.
(Added
Prior Provisions
A prior section 3396, added
Amendments
1991—Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
§3397. Regulations
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
(Added
Prior Provisions
A prior section 3397, added
A prior section 3398, added
CHAPTER 34 —PART-TIME CAREER EMPLOYMENT OPPORTUNITIES
Amendments
1995—
1978—
Chapter Referred to in Other Sections
This chapter is referred to in title 38 section 7407.
§3401. Definitions
For the purpose of this chapter—
(1) "agency" means—
(A) an Executive agency;
(B) a military department;
(C) an agency in the judicial branch;
(D) the Library of Congress;
(E) the Botanic Garden; and
(F) the Office of the Architect of the Capitol; but does not include—
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Islands Corporation;
(iv) the Federal Bureau of Investigation, Department of Justice;
(v) the Central Intelligence Agency; and
(vi) the National Security Agency, Department of Defense; and
(2) "part-time career employment" means part-time employment of 16 to 32 hours a week (or 32 to 64 hours during a biweekly pay period in the case of a flexible or compressed work schedule under subchapter II of
(Added
Amendments
1996—Par. (1).
1992—Par. (1)(iii).
1983—Par. (1)(iii) to (viii).
1982—Par. (2).
1978—
Effective Date of 1983 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Short Title of 1978 Amendment
Section 1 of
Congressional Findings and Purpose
Section 2 of
"(a) The Congress finds that—
"(1) many individuals in our society possess great productive potential which goes unused because they cannot meet the requirements of a standard workweek; and
"(2) part-time permanent employment—
"(A) provides older individuals with a gradual transition into retirement;
"(B) provides employment opportunities to handicapped individuals or others who require a reduced workweek;
"(C) provides parents opportunities to balance family responsibilities with the need for additional income;
"(D) benefits students who must finance their own education or vocational training;
"(E) benefits the Government, as an employer, by increasing productivity and job satisfaction, while lowering turnover rates and absenteeism, offering management more flexibility in meeting work requirements, and filling shortages in various occupations; and
"(F) benefits society by offering a needed alternative for those individuals who require or prefer shorter hours (despite the reduced income), thus increasing jobs available to reduce unemployment while retaining the skills of individuals who have training and experience.
"(b) The purpose of this Act [enacting this chapter, amending
Section Referred to in Other Sections
This section is referred to in
§3402. Establishment of part-time career employment programs
(a)(1) In order to promote part-time career employment opportunities in all grade levels, the head of each agency, by regulation, shall establish and maintain a program for part-time career employment within such agency. Such regulations shall provide for—
(A) the review of positions which, after such positions become vacant, may be filled on a part-time career employment basis (including the establishment of criteria to be used in identifying such positions);
(B) procedures and criteria to be used in connection with establishing or converting positions for part-time career employment, subject to the limitations of
(C) annual goals for establishing or converting positions for part-time career employment, and a timetable setting forth interim and final deadlines for achieving such goals;
(D) a continuing review and evaluation of the part-time career employment program established under such regulations; and
(E) procedures for notifying the public of vacant part-time positions in such agency, utilizing facilities and funds otherwise available to such agency for the dissemination of information.
(2) The head of each agency shall provide for communication between, and coordination of the activities of, the individuals within such agency whose responsibilities relate to the part-time career employment program established within that agency.
(3) Regulations established under paragraph (1) of this subsection may provide for such exceptions as may be necessary to carry out the mission of the agency.
(b)(1) The Office of Personnel Management, by regulation, shall establish and maintain a program under which it shall, on the request of an agency, advise and assist such agency in the establishment and maintenance of its part-time career employment program under this chapter.
(2) The Office shall conduct a research and demonstration program with respect to part-time career employment within the Federal Government. In particular, such program shall be directed to—
(A) determining the extent to which part-time career employment may be used in filling positions which have not traditionally been open for such employment on any extensive basis, such as supervisory, managerial, and professional positions;
(B) determining the extent to which job-sharing arrangements may be established for various occupations and positions; and
(C) evaluating attitudes, benefits, costs, efficiency, and productivity associated with part-time career employment, as well as its various sociological effects as a mode of employment.
(Added
Amendments
1978—
Subsec. (a)(1)(B).
Subsec. (b)(1).
Subsec. (b)(2).
Effective Date of 1978 Amendment
Amendment by
§3403. Limitations
(a) An agency shall not abolish any position occupied by an employee in order to make the duties of such position available to be performed on a part-time career employment basis.
(b) Any person who is employed on a full-time basis in an agency shall not be required to accept part-time employment as a condition of continued employment.
(Added
Amendments
1978—
Section Referred to in Other Sections
This section is referred to in
§3404. Personnel ceilings
In administering any personnel ceiling applicable to an agency (or unit therein), an employee employed by such agency on a part-time career employment basis shall be counted as a fraction which is determined by dividing 40 hours into the average number of hours of such employee's regularly scheduled workweek. This section shall become effective on October 1, 1980.
(Added
Amendments
1978—
§3405. Nonapplicability
(a) If, on the date of enactment of this chapter, there is in effect with respect to positions within an agency a collective-bargaining agreement which establishes the number of hours of employment a week, then this chapter shall not apply to those positions.
(b) This chapter shall not require part-time career employment in positions the rate of basic pay for which is fixed at a rate equal to or greater than the minimum rate payable under section 5376.
(Added
References in Text
The date of enactment of this chapter, referred to in subsec. (a), is the date of the enactment of
Amendments
1990—Subsec. (b).
1978—
Subsecs. (a), (b).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§3406. Regulations
Before any regulation is prescribed under this chapter, a copy of the proposed regulation shall be published in the Federal Register and an opportunity provided to interested parties to present written comment and, where practicable, oral comment. Initial regulations shall be prescribed not later than 180 days after the date of the enactment of this chapter.
(Added
References in Text
The date of the enactment of this chapter, referred to in text, is the date of the enactment of
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
[§3407. Repealed. Pub. L. 104–66, title III, §3001(a)(1), Dec. 21, 1995, 109 Stat. 733 ]
Section, added
§3408. Employee organization representation
If an employee organization has been accorded exclusive recognition with respect to a unit within an agency, then the employee organization shall be entitled to represent all employees within that unit employed on a part-time career employment basis.
(Added
Amendments
1978—
CHAPTER 35 —RETENTION PREFERENCE, RESTORATION, AND REEMPLOYMENT
SUBCHAPTER I—RETENTION PREFERENCE
[SUBCHAPTER II—REPEALED]
SUBCHAPTER III—REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY
SUBCHAPTER IV—REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL ORGANIZATION
SUBCHAPTER V—REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE SERVICE
SUBCHAPTER VI—REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE FOREIGN SERVICE
Amendments
1994—
1984—
1981—
1980—
1978—
SUBCHAPTER I—RETENTION PREFERENCE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3501. Definitions; application
(a) For the purpose of this subchapter, except section 3504—
(1) "active service" has the meaning given it by
(2) "a retired member of a uniformed service" means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, or retainer pay on account of his service as such a member; and
(3) a preference eligible employee who is a retired member of a uniformed service is considered a preference eligible only if—
(A) his retirement was based on disability—
(i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by
(B) his service does not include twenty or more years of full-time active service, regardless of when performed but not including period of active duty for training; or
(C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days.
(b) Except as otherwise provided by this subsection and
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)(1), (2) | Aug. 19, 1964, |
|
(a)(3) | June 27, 1944, ch. 287, §12(b); added Aug. 19, 1964, |
In subsection (a), the definitions of "uniformed services" and "armed forces" are omitted as unnecessary in view of the definitions in section 2101. The definition of "civilian office" is omitted as unnecessary as subsection (b) of this section states the application of this subchapter.
In subsection (a)(3), the words "Notwithstanding any other provision of this Act" are omitted as unnecessary. The words "preference eligible employee" are coextensive with and substituted for "employee * * * included under section 2 of this Act" in view of the definition of preference eligible in section 2108. In paragraph (3)(C), the words "on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed" are substituted for "immediately prior to the effective date of this subsection, he was employed in a civilian office to which this Act applies and, on and after such date, he continues to be employed in any such office".
Subsection (b) is supplied on authority of sections 2, 12, and 20 of the Act of June 27, 1944, ch. 287,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preference to the report.
Amendments
1991—Subsec. (a)(3)(A)(ii).
1988—Subsec. (b).
1978—Subsec. (b).
1975—Subsec. (b).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3502. Order of retention
(a) The Office of Personnel Management shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to—
(1) tenure of employment;
(2) military preference, subject to
(3) length of service; and
(4) efficiency or performance ratings.
In computing length of service, a competing employee—
(A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces;
(B) who is a retired member of a uniformed service is entitled to credit for—
(i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(ii) the total length of time in active service in the armed forces if he is included under
(C) is entitled to credit for—
(i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and
(ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
(b) A preference eligible described in
(c) An employee who is entitled to retention preference and whose performance has not been rated unacceptable under a performance appraisal system implemented under
(d)(1) Except as provided under subsection (e), an employee may not be released, due to a reduction in force, unless—
(A) such employee and such employee's exclusive representative for collective-bargaining purposes (if any) are given written notice, in conformance with the requirements of paragraph (2), at least 60 days before such employee is so released; and
(B) if the reduction in force would involve the separation of a significant number of employees, the requirements of paragraph (3) are met at least 60 days before any employee is so released.
(2) Any notice under paragraph (1)(A) shall include—
(A) the personnel action to be taken with respect to the employee involved;
(B) the effective date of the action;
(C) a description of the procedures applicable in identifying employees for release;
(D) the employee's ranking relative to other competing employees, and how that ranking was determined; and
(E) a description of any appeal or other rights which may be available.
(3) Notice under paragraph (1)(B)—
(A) shall be given to—
(i) the appropriate State dislocated worker unit or office (referred to in section 311(b)(2) of the Job Training Partnership Act), or the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998; and
(ii) the chief elected official of such unit or each of such units of local government as may be appropriate; and
(B) shall consist of written notification as to—
(i) the number of employees to be separated from service due to the reduction in force (broken down by geographic area or on such other basis as may be required under paragraph (4));
(ii) when those separations will occur; and
(iii) any other matter which might facilitate the delivery of rapid response assistance or other services under the Job Training Partnership Act or under title I of the Workforce Investment Act of 1998.
(4) The Office shall prescribe such regulations as may be necessary to carry out this subsection. The Office shall consult with the Secretary of Labor on matters relating to the Job Training Partnership Act or title I of the Workforce Investment Act of 1998.
(e)(1) Subject to paragraph (3), upon request submitted under paragraph (2), the President may, in writing, shorten the period of advance notice required under subsection (d)(1)(A) and (B), with respect to a particular reduction in force, if necessary because of circumstances not reasonably foreseeable.
(2) A request to shorten notice periods shall be submitted to the President by the head of the agency involved, and shall indicate the reduction in force to which the request pertains, the number of days by which the agency head requests that the periods be shortened, and the reasons why the request is necessary.
(3) No notice period may be shortened to less than 30 days under this subsection.
(f)(1) The Secretary of Defense or the Secretary of a military department may—
(A) separate from service any employee who volunteers to be separated under this subparagraph even though the employee is not otherwise subject to separation due to a reduction in force; and
(B) for each employee voluntarily separated under subparagraph (A), retain an employee in a similar position who would otherwise be separated due to a reduction in force.
(2) The separation of an employee under paragraph (1)(A) shall be treated as an involuntary separation due to a reduction in force.
(3) An employee with critical knowledge and skills (as defined by the Secretary concerned) may not participate in a voluntary separation under paragraph (1)(A) if the Secretary concerned determines that such participation would impair the performance of the mission of the Department of Defense or the military department concerned.
(4) The regulations prescribed under this section shall incorporate the authority provided in this subsection.
(5) No authority under paragraph (1) may be exercised after September 30, 2001.
(
Amendment of Subsection (d)
(1) in paragraph (3)—
(A) in subparagraph (A), by striking clause (i) and inserting the following:
(i) the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998; and
(B) in subparagraph (B)(iii), by striking "under the Job Training Partnership Act or"; and
(2) in paragraph (4), in the second sentence, by striking "the Job Training Partnership Act or".
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | June 27, 1944, ch. 287, §12 (less 2d and 3d provisos), Aug. 19, 1964, |
|
(b) | June 27, 1944, ch. 287, §12 (2d proviso), |
In subsection (a), the words "reduction in force" are substituted for "reduction in personnel". The words "in any civilian service of any Federal agency" are omitted as unnecessary because of the application stated in section 3501. In the second sentence, the word "total" in the phrase "length of service" is omitted for consistency with paragraph (3), and the words "subject to subsection (c) of this section" are omitted as unnecessary in view of the supplied distinction between a competing employee who is not a retired member of a uniformed service and such an employee who is a retired member of a uniformed service. In paragraph (A), the words "total length of time in active service" are substituted for "length of time spent in active service" for consistency with paragraph (B)(ii).
In subsections (a) and (b), the references to "performance" ratings and ratings of "satisfactory" are added on authority of former section 2005, which is carried into section 4304.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 8(b) of the Soil Conservation and Allotment Act, referred to in subsec. (a)(C)(i), probably means section 8(b) of the Soil Conservation and Domestic Allotment Act, which is classified to
Section 10(b) of the Agricultural Adjustment Act, referred to in subsec. (a)(C)(i), is classified to
The Job Training Partnership Act, referred to in subsec. (d)(3), (4), is
The Workforce Investment Act of 1998, referred to in subsec. (d)(3), (4), is
Amendments
1998—Subsec. (d)(3)(A)(i).
Subsec. (d)(3)(B)(iii).
Subsec. (d)(4).
1996—Subsec. (a)(C)(ii).
Subsec. (f).
"(f)(1) The Secretary of Defense or the Secretary of a military department may—
"(A) release in a reduction in force an employee who volunteers for the release even though the employee is not otherwise subject to release in the reduction in force under the criteria applicable under the other provisions of this section; and
"(B) for each employee voluntarily released in the reduction in force under subparagraph (A), retain an employee in a similar position who would otherwise be released in the reduction in force under such criteria.
"(2) A voluntary release of an employee in a reduction in force pursuant to paragraph (1) shall be treated as an involuntary release in the reduction in force.
"(3) An employee with critical knowledge and skills (as defined by the Secretary concerned) may not participate in a voluntary release under paragraph (1) if the Secretary concerned determines that such participation would impair the performance of the mission of the Department of Defense or the military department concerned.
"(4) The regulations prescribed under this section shall incorporate the authority provided in this subsection.
"(5) The authority under paragraph (1) may not be exercised after September 30, 1996."
1992—Subsecs. (d), (e).
1990—Subsec. (a)(C).
1986—Subsec. (a)(C).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
1968—Subsec. (a).
Subsec. (a)(C).
Effective Date of 1998 Amendment
"(1)
"(2)
"(A)
"(B)
Effective Date of 1996 Amendment
Section 1043(d)(2) of
"(A) take effect on the date of the enactment of this Act [Feb. 10, 1996]; and
"(B) apply with respect to any reduction in force carried out on or after such date."
Effective Date of 1992 Amendment
Section 4433(a)(2) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Regulations
For provisions relating to promulgation of regulations necessary to carry out amendment by section 1043(d)(1) of
Interagency Placement Program for Federal Employees Affected by Reductions in Force
"(a)
"(2) For purposes of paragraph (1), an interagency placement program is a program that provides a system to require the offering of a position in an agency to an employee of another agency affected by a reduction in force if—
"(A) the position cannot be filled through a placement program of the agency in which the position is located;
"(B) the employee to whom the offer is made is qualified for the offered position; and
"(C) the geographic location of the offered position is within the commuting area of—
"(i) the residence of the employee; or
"(ii) the employee's present or last-held position.
"(3) The Director shall carry out this subsection in consultation with the Secretary of Defense.
"(4) The Director shall seek comments from the heads of all appropriate Federal agencies in conducting the study required by paragraph (1).
"(5) Not later than six months after the date of the enactment of this Act [Oct. 5, 1994], the Director shall submit to Congress a report on the results of the study required by paragraph (1) and on any action taken by the Director under subsection (b).
"(b)
"(2) If the Director establishes a program pursuant to paragraph (1), the report required by subsection (a)(5) shall identify each agency that does not agree to participate in the program and the reasons of the head of that agency for not agreeing to participate.
"(c)
"(1) The term 'agency' means an Executive agency as defined in
"(2) The term 'Federal employees affected by reductions in force' means Federal employees who are separated, or are scheduled to be separated, from service under a reduction in force pursuant to—
"(A) regulations prescribed under
"(B) procedures established under section 3595 of such title."
Special Rule on Application of Subsections (d) and (e)
Section 4433(b) of
"(1) The provisions of section 3502(d) and (e) of
"(2) The employees described in this paragraph are those employees of the Department of Defense who are to be separated, due to a reduction in force described in paragraph (1), effective on or after the last day of the 90-day period referred to in subsection (a)(2) [see Effective Date of 1992 Amendment note above] and before February 1, 2000.
"(3) Nothing in this subsection shall prevent the application of the amendment made by subsection (a) [amending this section] with respect to an employee if—
"(A) the preceding paragraphs of this subsection do not apply with respect to such employee; and
"(B) the amendment made by subsection (a) would otherwise apply with respect to such employee.
"(4) The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection."
Indian Preference Laws Applicable to Bureau of Indian Affairs and Indian Health Service Positions
Applicability of Indian preference laws to Bureau of Indian Affairs and Indian Health Service positions for purposes of reduction-in-force procedures under subsec. (a) of this section, see
Ex. Ord. No. 12828. Delegation of Certain Personnel Management Authorities
Ex. Ord. No. 12828, Jan. 5, 1993, 58 F.R. 2965, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(1) The authority of the President under
(2) The authority of the President under
George Bush.
Section Referred to in Other Sections
This section is referred to in
§3503. Transfer of functions
(a) When a function is transferred from one agency to another, each competing employee in the function shall be transferred to the receiving agency for employment in a position for which he is qualified before the receiving agency may make an appointment from another source to that position.
(b) When one agency is replaced by another, each competing employee in the agency to be replaced shall be transferred to the replacing agency for employment in a position for which he is qualified before the replacing agency may make an appointment from another source to that position.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §12 (3d proviso), |
In subsection (a), the words "a function" are substituted for "any or all of the functions". The word "receiving" is substituted for "replacing" in the phrase "receiving agency" to avoid confusion with subsection (b).
In subsections (a) and (b), the word "first" in the phrase "shall first be transferred" is omitted as redundant in view of the subsequent limitation imposed by the words following "before". The words "make an appointment from another source to that position" are substituted for "appoint additional employees from any other source for such position".
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—Subsecs. (a), (b).
1978—Subsecs. (a), (b).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3504. Preference eligibles; retention; physical qualifications; waiver
(a) In determining qualifications of a preference eligible for retention in a 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.
(b) If an examining agency determines that, on the basis of evidence before it, a preference eligible described in
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §5 (1st 2 sentences, so much as relates to retention), |
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 words "preference eligible" are substituted for "veteran".
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—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[SUBCHAPTER II—REPEALED]
[§3551. Repealed. Pub. L. 103–353, §2(b)(2)(B), Oct. 13, 1994, 108 Stat. 3169 ]
Section,
Effective Date of Repeal
Repeal effective with respect to reemployments initiated on or after first day after 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of
SUBCHAPTER III—REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY
§3571. Reinstatement or restoration; individuals suspended or removed for national security
An individual suspended or removed under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 26, 1950, ch. 803, §1 (1st 31 words of 3d proviso), |
The words "suspended or removed under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
SUBCHAPTER IV—REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL ORGANIZATION
§3581. Definitions
For the purpose of this subchapter—
(1) "agency" means—
(A) an Executive agency;
(B) a military department; and
(C) an employing authority in the legislative branch;
(2) "employee" means an employee in or under an agency;
(3) "international organization" means a public international organization or international-organization preparatory commission in which the Government of the United States participates;
(4) "transfer" means the change of position by an employee from an agency to an international organization; and
(5) "reemployment" means—
(A) the reemployment of an employee under
(B) the reemployment of a Congressional employee within 90 days from his separation from an international organization;
following a term of employment not extending beyond the period named by the head of the agency at the time of consent to transfer or, in the absence of a named period, not extending beyond the first 5 consecutive years, or any extension thereof, after entering the employ of the international organization.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 28, 1958, |
In paragraphs (1)(A) and (B), the terms "Executive agency" and "military department" are coextensive with and substituted for "any department or agency in the executive branch of the United States Government including independent establishments and Government owned or controlled corporations" in view of the definitions in sections 105 and 102.
In paragraph (2), the word "employee" is substituted for "any civilian appointive officer or employee" in view of the definition of "employee" in section 2105. The words "in or under an agency" are substituted for "in or under the executive or the legislative branch of the United States Government".
The definition of "Congressional employee" in former section 2331(4) is omitted as unnecessary because the term "Congressional employee", defined for the purpose of this title in section 2107, is coextensive with the definition in former section 2331(4).
The definition of "Detail" in former section 2331(6) is omitted from this section as inappropriate but is carried into section 3343.
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
1975—Subsec. (5)(A).
1969—Par. (5).
Delegation of Authority
Authority of President to extend a transfer of an employee under this section delegated to Secretary of State, see section 3 of Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§3582. Rights of transferring employees
(a) An employee serving under an appointment not limited to 1 year or less who transfers to an international organization with the consent of the head of his agency is entitled—
(1) to retain coverage, rights, and benefits under any system established by law for the retirement of employees, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the international organization are currently deposited in the system's fund or depository; and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable service under the system, except that such service shall not be considered creditable service for the purpose of any retirement system for transferring personnel, if such service forms the basis, in whole or in part, for an annuity or pension under the retirement system of the international organization;
(2) to retain coverage, rights, and benefits under chapters 87 and 89 of this title, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the international organization are currently deposited in the Employees' Life Insurance Fund and the Employees' Health Benefits Fund, as applicable, and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapters 87 and 89 of this title;
(3) to retain coverage, rights, and benefits under subchapter I of
(4) to elect to retain to his credit all accumulated and current accrued annual leave to which entitled at the time of transfer which would otherwise be liquidated by a lump-sum payment. On his request at any time before reemployment, he shall be paid for the annual leave retained. If he receives a lump-sum payment and is reemployed within 6 months after transfer, he shall refund to the agency the amount of the lump-sum payment. This paragraph does not operate to cause a forfeiture of retained annual leave following reemployment or to deprive an employee of a lump-sum payment to which he would otherwise be entitled.
(b) An employee entitled to the benefits of subsection (a) of this section is entitled to be reemployed within 30 days of his application for reemployment in his former position or a position of like seniority, status, and pay in the agency from which he transferred, if—
(1) he is separated from the international organization within 5 years, or any extension thereof, after entering on duty with the international organization or within such shorter period as may be named by the head of the agency at the time of consent to transfer; and
(2) he applies for reemployment not later than 90 days after the separation.
On reemployment, an employee entitled to the benefits of subsection (a) is entitled to the rate of basic pay to which the employee would have been entitled had the employee remained in the civil service. On reemployment, the agency shall restore the sick leave account of the employee, by credit or charge, to its status at the time of transfer. The period of separation caused by the employment of the employee with the international organization and the period necessary to effect reemployment are deemed creditable service for all appropriate civil service employment purposes. This subsection does not apply to a congressional employee.
(c) This section applies only with respect to so much of a period of employment with an international organization as does not exceed 5 years, or any extension thereof, or such shorter period named by the head of the agency at the time of consent to transfer, except that for retirement and insurance purposes this section continues to apply during the period after separation from the international organization in which—
(1) an employee, except a Congressional employee, is properly exercising or could exercise the reemployment right established by subsection (b) of this section; or
(2) a Congressional employee is effecting or could effect a reemployment.
During that reemployment period, the employee is deemed on leave without pay for retirement and insurance purposes.
(d) During the employee's period of service with the international organization, the agency from which the employee is transferred shall make contributions for retirement and insurance purposes from the appropriations or funds of that agency so long as contributions are made by the employee.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 28, 1958, |
In subsection (a), the words "Notwithstanding the provisions of any law, Executive order, or regulation" are omitted as unnecessary. In paragraph (2), the words "an employee under
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
1998—Subsec. (b).
1975—Subsec. (b).
1969—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Effective Date of 1998 Amendment
Delegation of Authority
Authority of President under subsec. (b) of this section delegated to Office of Personnel Management, and authority to define and specify pay, allowances, etc., to be paid by the agency, delegated to Secretary of State, see section 3 of Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§3583. Computations
A computation under this subchapter before reemployment is made in the same manner as if the employee had received basic pay, or basic pay plus additional pay in the case of a Congressional employee, at the rate at which it would have been payable had the employee continued in the position in which he was serving at the time of transfer.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 28, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§3584. Regulations
The President may prescribe regulations necessary to carry out this subchapter and
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 28, 1958, |
The words "civil service employment rights" are substituted for "Federal employment rights". The word "including" is substituted for "such as, but not limited to".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Executive Order No. 10804
Ex. Ord. No. 10804, Feb. 12, 1959, 24 F.R. 1147, which delegated to the United States Civil Service Commission the authority vested in the President by section 5 of the Federal Employees International Organization Service Act (
Ex. Ord. No. 11552. Providing for Details and Transfers of Federal Employees to International Organizations
Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by
(1) Vacancies in international organizations shall be brought to the notice of well-qualified agency employees whose abilities and levels of responsibility in the Federal service are commensurate with those required to fill such vacancies.
(2) Subject to prior approval of his agency, no leave shall be charged an employee who is absent for a maximum of three days for interview for a proposed detail or transfer at the formal request of an international organization of a Federal official; an agency may approve official travel for necessary travel within the United States in connection with such an interview.
(3) An agency, upon request of an appropriate authority, shall provide international organizations with detailed assessments of the technical or professional qualifications of individual employees being formally considered for details and transfers to specific positions.
(4) Upon return of an employee to his agency, the agency shall give due consideration to the employee's overall qualifications, including those which may have been acquired during his service with the international organization, in determining the position and grade in which he is reemployed.
(b) The following are hereby delegated to the Secretary of State:
(1) The authority vested in the President by
(2) The authority vested in the President by
SUBCHAPTER V—REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE SERVICE
Subchapter Referred to in Other Sections
This subchapter is referred to in title 38 section 7425.
§3591. Definitions
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
(Added
Effective Date
Subchapter effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§3592. Removal from the Senior Executive Service
(a) Except as provided in subsection (b) of this section, a career appointee may be removed from the Senior Executive Service to a civil service position outside of the Senior Executive Service—
(1) during the 1-year period of probation under
(2) at any time for less than fully successful executive performance as determined under subchapter II of
(3) if the career appointee is not recertified as a senior executive under section 3393a,
except that in the case of a removal under paragraph (2) of this subsection the career appointee shall, at least 15 days before the removal, be entitled, upon request, to an informal hearing before an official designated by the Merit Systems Protection Board at which the career appointee may appear and present arguments, but such hearing shall not give the career appointee the right to initiate an action with the Board under
(b)(1) Except as provided in paragraph (2) of this subsection, a career appointee in an agency may not be involuntarily removed—
(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 remove the career appointee.
(2) Paragraph (1) of this subsection does not apply with respect to—
(A) any removal under
(B) any disciplinary action initiated before an appointment referred to in paragraph (1) of this subsection.
(c) A limited emergency appointee, limited term appointee, or noncareer appointee may be removed from the service at any time.
(Added
Amendments
1989—Subsec. (a).
Subsec. (a)(3).
Effective Date of 1989 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3593. Reinstatement in the Senior Executive Service
(a) A former career appointee may be reinstated, without regard to section 3393(b) and (c) of this title, to any Senior Executive Service position for which the appointee is qualified if—
(1) the appointee has successfully completed the probationary period established under
(2) the appointee left the Senior Executive Service for reasons other than misconduct, neglect of duty, malfeasance, less than fully successful executive performance as determined under subchapter II of
(b) A career appointee who is appointed by the President to any civil service position outside the Senior Executive Service and who leaves the position for reasons other than misconduct, neglect of duty, or malfeasance shall be entitled to be placed in the Senior Executive Service if the appointee applies to the Office of Personnel Management within 90 days after separation from the Presidential appointment.
(c)(1) A former career appointee shall be reinstated, without regard to section 3393(b) and (c) of this title, to any vacant Senior Executive Service position in an agency for which the appointee is qualified if—
(A) the individual was a career appointee on May 31, 1981;
(B) the appointee was removed from the Senior Executive Service under
(C) before the removal occurred, the appointee successfully completed the probationary period established under
(D) the appointee applies for that vacant position within one year after the Office receives certification regarding that appointee pursuant to
(2) A career appointee is entitled to appeal to the Merit Systems Protection Board under
(Added
Amendments
1989—Subsec. (a)(2).
1984—Subsec. (c)(1)(B).
1981—Subsec. (c).
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
§3594. Guaranteed placement in other personnel systems
(a) A career appointee who was appointed from a civil service position held under a career or career-conditional appointment (or an appointment of equivalent tenure, as determined by the Office of Personnel Management) and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from the Senior Executive Service during the probationary period under
(b) A career appointee who has completed the probationary period under
(1) is removed from the Senior Executive Service for less than fully successful executive performance as determined under subchapter II of
(2) is removed from the Senior Executive Service under paragraph (4) or (5) of
(3) is removed from the Senior Executive Service for failure to be recertified under section 3393a;
shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency.
(c)(1) For purposes of subsections (a) and (b) of this section—
(A) the position in which any career appointee is placed under such subsections shall be a continuing position at GS–15 of the General Schedule or classified above GS–15 pursuant to section 5108, or an equivalent position, and, in the case of a career appointee referred to in subsection (a) of this section, the career appointee shall be entitled to an appointment of a tenure equivalent to the tenure of the appointment held in the position from which the career appointee was appointed;
(B) any career appointee placed under subsection (a) or (b) of this section shall be entitled to receive basic pay at the highest of—
(i) the rate of basic pay in effect for the position in which placed;
(ii) the rate of basic pay in effect at the time of the placement for the position the career appointee held in the civil service immediately before being appointed to the Senior Executive Service; or
(iii) the rate of basic pay in effect for the career appointee immediately before being placed under subsection (a) or (b) of this section; and
(C) the placement of any career appointee under subsection (a) or (b) of this section may not be made to a position which would cause the separation or reduction in grade of any other employee.
(2) An employee who is receiving basic pay under paragraph (1)(B)(ii) or (iii) of this subsection is entitled to have the basic pay rate of the employee increased by 50 percent of the amount of each increase in the maximum rate of basic pay for the grade of the position in which the employee is placed under subsection (a) or (b) of this section until the rate is equal to the rate in effect under paragraph (1)(B)(i) of this subsection for the position in which the employee is placed.
(Added
References in Text
GS–15 of the General Schedule, referred to in subsec. (c)(1)(A), is set out under
Amendments
1992—Subsec. (c)(1)(A).
1990—Subsec. (c)(1)(A).
1989—Subsec. (b)(3).
1984—Subsec. (b).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
§3595. Reduction in force in the Senior Executive Service
(a) An agency shall establish competitive procedures for determining who shall be removed from the Senior Executive Service in any reduction in force of career appointees within that agency. The competitive procedures shall be designed to assure that such determinations are primarily on the basis of performance, as determined under subchapter II of
(b)(1) This subsection applies to any career appointee who has successfully completed the probationary period prescribed under
(2) Except as provided in paragraphs (4) and (5), a career appointee may not be removed from the Senior Executive Service due to a reduction in force within an agency.
(3) A career appointee who, but for this subsection, would be removed from the Senior Executive Service due to a reduction in force within an agency—
(A) is entitled to be assigned by the head of that agency to a vacant Senior Executive Service position for which the career appointee is qualified; or
(B) if the agency head certifies, in writing, to the Office of Personnel Management that no such position is available in the agency, shall be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position.
The Office of Personnel Management shall take all reasonable steps to place a career appointee under subparagraph (B) and may require any agency to take any action which the Office considers necessary to carry out any such placement.
(4) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee declines a reasonable offer for placement in a Senior Executive Service position under paragraph (3)(B).
(5) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee is not placed in another Senior Executive Service position under paragraph (3)(B) within 45 days after the Office receives certification regarding that appointee under paragraph (3)(B).
(c) A career appointee is entitled to appeal to the Merit Systems Protection Board under
(d) For purposes of this section, "reduction in force" includes the elimination or modification of a position due to a reorganization, due to a lack of funds or curtailment of work, or due to any other factor.
(e) The Office shall prescribe regulations under which the rights accorded to a career appointee in the event of a transfer of function are comparable to the rights accorded to a competing employee under
(Added
Prior Provisions
A prior section 3595, added
Amendments
1984—Subsec. (b)(3)(B).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (c).
Subsec. (e).
1982—Subsec. (b)(3)(B).
Subsec. (c)(3).
Effective Date of 1984 Amendment
Amendment by section 303(c), (d) of
Effective Date of 1982 Amendment
Section 5(c) of
"(1) Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Oct. 15, 1982].
"(2) The amendments made by this section [amending this section] shall apply to an individual who is a career appointee on or after September 30, 1982, except that any individual who is a career appointee on September 30, 1982, and who is described in
Effective Date
Section 1704(e) of
"(1) Subject to paragraph (2), the amendments made by this section [enacting this section, redesignating former section 3595 as
"(2)(A) Except as provided in subparagraph (B), the amendments made by this section shall apply to any career appointee removed from the civil service after May 31, 1981, and before the date of the enactment of this section [Aug. 13, 1981] if, not later than 14 days after such date of enactment, application therefor is made to the Office of Personnel Management and to the head of the Agency in which the appointee was employed.
"(B) The provisions of section 3595(a), as added by subsection (a)(1), shall take effect on the date of the enactment of this Act [Aug. 13, 1981].
"(3) The effectiveness of the amendments made by this section shall be subject to section 415(b) of the Civil Service Reform Act of 1978 [
Section Referred to in Other Sections
This section is referred to in
§3595a. Furlough in the Senior Executive Service
(a) For the purposes of this section, "furlough" means the placement of a senior executive in a temporary status in which the senior executive has no duties and is not paid when the placement in such status is by reason of insufficient work or funds or for other nondisciplinary reasons.
(b) An agency may furlough a career appointee only in accordance with regulations issued by the Office of Personnel Management.
(c) A career appointee who is furloughed is entitled to appeal to the Merit Systems Protection Board under
(Added
Effective Date
Section effective following expiration of 90-day period beginning on Nov. 8, 1984, see section 307 of
§3596. Regulations
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
(Added
Amendments
1981—
SUBCHAPTER VI—REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE FOREIGN SERVICE
§3597. Reemployment following limited appointment in the Foreign Service
An employee of any agency who accepts, with the consent of the head of that agency, a limited appointment in the Foreign Service under section 309 of the Foreign Service Act of 1980 is entitled, upon the expiration of that appointment, to be reemployed in that employee's former position or in a corresponding or higher position in that agency. Upon reemployment under this section, an employee shall be entitled to any within-grade increases in pay which the employee would have received if the employee had remained in the former position in the agency.
(Added
References in Text
Section 309 of the Foreign Service Act of 1980, referred to in text, is classified to
Effective Date
Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of
Section Referred to in Other Sections
This section is referred to in title 22 section 3950.