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pdf§ 3301
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
3372.
3373.
General provisions.
Assignments of employees to State or local
governments.1
3374.
Assignments of employees from State or local
governments.
3375.
Travel expenses.
3376.
Regulations.
SUBCHAPTER VII—AIR TRAFFIC CONTROLLERS
3381.
Training.
3382.
Involuntary separation for retirement.
3383.
Determinations; review procedures.
3384.
Regulations.
3385.
Effect on other authority.
SUBCHAPTER
VIII—APPOINTMENT,
REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN THE
SENIOR EXECUTIVE SERVICE
3391.
3392.
3393.
[3393a.
3394.
3395.
3396.
3397.
Definitions.
General appointment provisions.
Career appointments.
Repealed.]
Noncareer and limited appointments.
Reassignment and transfer within the Senior
Executive Service.
Development for and within the Senior Executive Service.
Regulations.
AMENDMENTS
2002—Pub. L. 107–296, title XIII, §§ 1312(b), 1321(a)(1)(C),
Nov. 25, 2002, 116 Stat. 2291, 2296, added item 3319 and
struck out item 3393a ‘‘Recertification’’.
1998—Pub. L. 105–339, § 3(b), Oct. 31, 1998, 112 Stat. 3184,
added items 3330a to 3330c.
Pub. L. 105–277, div. C, title I, § 151(c)(1), Oct. 21, 1998,
112 Stat. 2681–616, substituted ‘‘DETAILS, VACANCIES,
AND APPOINTMENTS’’ for ‘‘DETAILS’’ in heading for
subchapter III, ‘‘Acting officer’’ for ‘‘Details; to office
of head of Executive agency or military department’’ in
item 3345, ‘‘Time limitation’’ for ‘‘Details; to subordinate offices’’ in item 3346, ‘‘Exclusivity’’ for ‘‘Details;
Presidential authority’’ in item 3347, ‘‘Vacant office’’
for ‘‘Details; limited in time’’ in item 3348, and ‘‘Reporting of vacancies’’ for ‘‘Details; to fill vacancies; restrictions’’ in item 3349 and added items 3349a to 3349d.
1996—Pub. L. 104–197, title III, § 315(b)(1), Sept. 16, 1996,
110 Stat. 2416, substituted ‘‘Competitive service; recommendations of Senators or Representatives’’ for ‘‘Political recommendations’’ in item 3303.
Pub. L. 104–106, div. A, title X, § 1037(b)(2), Feb. 10,
1996, 110 Stat. 432, which directed substitution of ‘‘3330.
Government-wide list of vacant positions’’ for the item
relating to section 3329, as added by section 4431(b) of
Pub. L. 102–484, could not be executed because of the intervening amendment by Pub. L. 104–52, § 4(2). See 1995
Amendment note below.
1995—Pub. L. 104–52, title IV, § 4(2), Nov. 19, 1995, 109
Stat. 490, redesignated item 3329 ‘‘Government-wide list
of vacant positions’’ as item 3330.
1993—Pub. L. 103–94, § 8(b), Oct. 6, 1993, 107 Stat. 1007,
substituted ‘‘Political recommendations’’ for ‘‘Competitive service; recommendations of Senators or Representatives’’ in item 3303.
1992—Pub. L. 102–484, div. A, title V, § 544(b), div. D,
title XLIV, § 4431(b), Oct. 23, 1992, 106 Stat. 2415, 2720,
added two items 3329.
Pub. L. 102–378, § 2(13)(B), Oct. 2, 1992, 106 Stat. 1347,
struck out item 3342 ‘‘Federal participants in executive
exchange programs’’.
1990—Pub. L. 101–509, title V, § 529 [title I,
§ 101(b)(9)(C)(iii)], Nov. 5, 1990, 104 Stat. 1427, 1441, substituted ‘‘Appointments to positions classified above
GS–15’’ for ‘‘Appointments at GS–16, 17, and 18’’ in item
3324.
Pub. L. 101–416, § 2(a)(2), Oct. 12, 1990, 104 Stat. 903,
added item 3342.
1989—Pub. L. 101–194, title V, § 506(a)(2), Nov. 30, 1989,
103 Stat. 1758, added item 3393a.
Pub. L. 101–12, § 5(b), Apr. 10, 1989, 103 Stat. 33, added
item 3352.
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1988—Pub. L. 100–398, § 7(a)(3), Aug. 17, 1988, 102 Stat.
988, inserted ‘‘agency’’ after ‘‘Executive’’ in item 3345.
1985—Pub. L. 99–145, title XVI, § 1622(a)(2), Nov. 8, 1985,
99 Stat. 777, added item 3328.
1979—Pub. L. 96–54, § 2(a)(13), Aug. 14, 1979, 93 Stat. 382,
struck out item 3315a ‘‘Registers; individuals receiving
compensation for work injuries’’.
1978—Pub. L. 95–454, title III, §§ 303(b), 307(h)(2), 309(b),
title IV, § 403(b), title IX, § 906(c)(4), Oct. 13, 1978, 92
Stat. 1146, 1149, 1152, 1165, 1227, substituted ‘‘probationary period’’ for ‘‘probation; period of’’ in item 3321,
struck out item 3319 ‘‘Competitive service; selection;
members of family restriction’’, added items 3327 and
3391 to 3397, and struck out items 3391 to 3398.
Pub. L. 95–437, § 3(b), Oct. 10, 1978, 92 Stat. 1058, added
heading for subchapter VII and items 3391 to 3398.
Pub. L. 95–256, § 5(b)(2), Apr. 6, 1978, 92 Stat. 191,
struck out item 3322 ‘‘Competitive service; temporary
appointments after age 70’’.
Pub. L. 95–251, § 2(c)(3), Mar. 27, 1978, 92 Stat. 184, substituted ‘‘administrative law judges’’ for ‘‘hearing examiners’’ in item 3344.
Pub. L. 95–228, § 2(a), Feb. 10, 1978, 92 Stat. 25, struck
out item 3306 ‘‘Competitive service; departmental service; apportionment’’.
1975—Pub. L. 94–183, § 2(7), Dec. 31, 1975, 89 Stat. 1057,
struck out item 3364 ‘‘Promotion; substitute employees
in the postal field service’’.
1972—Pub. L. 92–297, §§ 2(b), 3(b), May 16, 1972, 86 Stat.
142, 144, substituted ‘‘maximum age entrance requirements, exceptions’’ for ‘‘maximum age requirement; restriction on use of appropriated funds’’ in item 3307,
and added subchapter VII and items 3381 to 3385.
1971—Pub. L. 91–648, title IV, § 402(b), Jan. 5, 1971, 84
Stat. 1925, added heading for subchapter VI and items
3371 to 3376.
1970—Pub. L. 91–375, § 6(c)(7)(B), Aug. 12, 1970, 84 Stat.
776, struck out item 3327 ‘‘Postmasters; standards for
determination of qualifications’’.
1967—Pub. L. 90–105, § 1(b), Oct. 11, 1967, 81 Stat. 273,
added item 3304a.
Pub. L. 90–83, § 1(9)(B), Sept. 11, 1967, 81 Stat. 197,
added item 3315a.
1966—Pub. L. 89–762, § 1(b), Nov. 5, 1966, 80 Stat. 1312,
struck out item 3342 ‘‘Details; field to departmental
service prohibited’’.
SUBCHAPTER I—EXAMINATION,
CERTIFICATION, AND APPOINTMENT
§ 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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 417.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
..................
5 U.S.C. 631 (less last
16 words).
Revised Statutes and
Statutes at Large
R.S. § 1753
words).
(less
last
16
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
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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
into which he seeks to enter’’ as the latter are archaic
since there are no ‘‘branches’’ within the executive
branch. The word ‘‘applicant’’ is substituted for ‘‘candidate’’.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined
in the preface to the report.
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–277, div. C, title I, § 151(a), Oct. 21, 1998, 112
Stat. 2681–611, provided that: ‘‘This section [enacting
sections 3345 to 3349d of this title, repealing former sections 3345 to 3349 of this title, and enacting provisions
set out as a note under section 3345 of this title] may
be cited as the ‘Federal Vacancies Reform Act of 1998’.’’
SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102–175, § 1, Dec. 2, 1991, 105 Stat. 1222, provided
that: ‘‘This Act [amending sections 3395, 3396, 5383, and
7701 of this title] may be cited as the ‘Senior Executive
Service Improvements Act’.’’
MODIFICATIONS TO NATIONAL SECURITY EDUCATION
PROGRAM
Pub. L. 107–296, title XIII, § 1332(a), Nov. 25, 2002, 116
Stat. 2299, provided that:
‘‘(a) FINDINGS AND POLICIES.—
‘‘(1) FINDINGS.—Congress finds that—
‘‘(A) the United States Government actively encourages and financially supports the training, education, and development of many United States
citizens;
‘‘(B) as a condition of some of those supports,
many of those citizens have an obligation to seek
either compensated or uncompensated employment
in the Federal sector; and
‘‘(C) it is in the United States national interest to
maximize the return to the Nation of funds invested in the development of such citizens by seeking to employ them in the Federal sector.
‘‘(2) POLICY.—It shall be the policy of the United
States Government to—
‘‘(A) establish procedures for ensuring that
United States citizens who have incurred service
obligations as the result of receiving financial support for education and training from the United
States Government and have applied for Federal positions are considered in all recruitment and hiring
initiatives of Federal departments, bureaus, agencies, and offices; and
‘‘(B) advertise and open all Federal positions to
United States citizens who have incurred service
obligations with the United States Government as
the result of receiving financial support for education and training from the United States Government.’’
TEMPORARY MEASURES TO FACILITATE REEMPLOYMENT
OF CERTAIN DISPLACED FEDERAL EMPLOYEES
Pub. L. 102–484, div. D, title XLIV, § 4432, Oct. 23, 1992,
106 Stat. 2720, directed executive agencies and the Department of Defense, in filling vacant positions, to give
full consideration to the applications of certain individuals who became displaced employees before Oct. 1,
1997, before selecting any candidate from outside the
agency for the position.
NATIONAL ADVISORY COUNCIL ON THE PUBLIC SERVICE
Pub. L. 101–363, Aug. 14, 1990, 104 Stat. 424, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘National Advisory
Council on the Public Service Act of 1990’.
‘‘SEC. 2. FINDINGS.
‘‘The Congress finds that—
‘‘(1) recognition of the services rendered by Federal
employees (hereinafter in this Act referred to as ‘na-
§ 3301
tional public service’) should be accorded a high and
continuing place on the national agenda;
‘‘(2) the National Commission on the Public Service, through its good works, has documented the need
for greater advocacy on behalf of those performing
national public service;
‘‘(3) although public service is an honorable profession, members of the public do not always perceive it
favorably;
‘‘(4) serious obstacles often hinder the Government’s efforts to recruit and retain the best and the
brightest for national public service;
‘‘(5) just as the public has a right to expect Federal
employees to adhere to the highest standards of excellence and ethicality, so Federal employees have a
right to expect an atmosphere of trust and respect,
and a sense of accomplishment from their work; and
‘‘(6) an advisory council is needed to provide the
President and the Congress with bipartisan, objective
assessments of, and recommendations concerning, the
Federal workforce.
‘‘SEC. 3. ESTABLISHMENT.
‘‘There shall be established a council to be known as
the National Advisory Council on the Public Service
(hereinafter in this Act referred to as the ‘Council’).
‘‘SEC. 4. FUNCTIONS.
‘‘The Council shall—
‘‘(1) regularly assess the state of the Federal workforce;
‘‘(2) in conjunction with the President, the Congress, and the Judiciary, seek to attract individuals
of the highest caliber to careers involving national
public service, and encourage them and others of
similar distinction who are already part of the Federal workforce to make a continuing commitment to
national public service;
‘‘(3) promote better public understanding of the role
of Federal employees in implementing Government
programs and policies, and otherwise seek to improve
the public perception of Federal employees;
‘‘(4) encourage efforts to build student interest in
performing national public service (whether those efforts are undertaken at the community level, in the
classroom, or otherwise); and
‘‘(5) develop methods for improving motivation and
excellence among Federal employees.
‘‘SEC. 5. MEMBERSHIP.
‘‘(a) NUMBER AND APPOINTMENT.—The Council shall be
composed of 15 members as follows:
‘‘(1) 2 Members of the Senate, 1 of whom shall be appointed by the majority leader of the Senate and the
other of whom shall be appointed by the minority
leader of the Senate.
‘‘(2) 2 Members of the House of Representatives, 1 of
whom shall be appointed by the Speaker of the House
of Representatives and the other of whom shall be appointed by the minority leader of the House of Representatives.
‘‘(3) The Director of the Administrative Office of
the United States Courts (or his delegate).
‘‘(4) 10 individuals appointed by the President—
‘‘(A) 4 of whom shall be chosen from among officers serving in the executive branch;
‘‘(B) 1 of whom shall be chosen from among career
employees in the civil service;
‘‘(C) 1 of whom shall be a Federal employee who
is a member of a labor organization (as defined by
section 7103(a)(4) of title 5, United States Code); and
‘‘(D) 4 of whom shall be chosen from among members of the public who do not hold any Government
office or position.
‘‘(b) CONTINUATION OF MEMBERSHIP.—If any member of
the Council whose appointment is based on that individual’s holding a Government office or position leaves
such office or position, or if any member of the Council
under subsection (a)(4)(D) is appointed or elected to a
Government office or position, that individual may
continue to serve as such a member for not longer than
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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
the 90-day period beginning on the date of leaving that
office or position, or entering into that office or position, as the case may be.
‘‘(c) TERMS.—Members of the Council shall be appointed for the life of the Council.
‘‘(d) VACANCIES.—A vacancy in the Council shall be
filled in the manner in which the original appointment
was made.
‘‘(e) COMPENSATION.—(1) Members of the Council shall
not be entitled to pay (or, in the case of members holding any Government office or position, pay in addition
to any to which they are otherwise entitled for service
in such office or position) by virtue of membership on
the Council.
‘‘(2) While serving away from their homes or regular
places of business in the performance of duties for the
Council, members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same
manner as authorized by section 5703 of title 5, United
States Code, for persons employed intermittently in
Government service.
‘‘(f) QUORUM.—Eight members of the Council shall
constitute a quorum.
‘‘(g) CHAIRMAN.—The Chairman of the Council shall
be designated by the President from among the members appointed under subsection (a)(4)(D).
‘‘(h) MEETINGS.—The Council shall meet at the call of
the Chairman or a majority of its members, and shall
meet on at least a quarterly basis.
‘‘SEC. 6. DIRECTOR AND STAFF; EXPERTS AND
CONSULTANTS.
‘‘(a) DIRECTOR.—With the approval of the Council, the
Chairman may appoint a Director and fix the pay of
such Director at a rate not to exceed the rate for level
IV of the Executive Schedule [5 U.S.C. 5315]. The Director shall be a person who, by reason of demonstrated
ability in the area of management, government, or public administration, is especially well qualified to serve.
‘‘(b) STAFF.—With the approval of the Chairman, the
Director may appoint and fix the pay of such personnel
as may be necessary to carry out the functions of the
Council. The staff of the Council shall be appointed
subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and
shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
‘‘(c) EXPERTS AND CONSULTANTS.—The Council may
procure temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates
for individuals not to exceed the daily equivalent of the
maximum rate payable under the General Schedule.
‘‘(d) STAFF OF FEDERAL AGENCIES.—Upon the request
of the Chairman, the head of a Federal agency may detail, on a reimbursable or nonreimbursable basis, any
personnel of such agency to the Council to assist the
Council in carrying out its functions under this Act.
‘‘SEC. 7. POWERS.
‘‘(a) MAILS.—The Council may use the United States
mails in the same manner and under the same conditions as other Federal agencies.
‘‘(b) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of General Services shall provide to the Council, on a reimbursable basis, such administrative support services as the Council may request.
‘‘(c) OFFICIAL DATA.—The Council may secure directly from any Federal agency information necessary
to carry out its functions under this Act. Each such
agency is authorized and directed to furnish, to the extent permitted by law, any information requested by
the Council.
‘‘(d) GIFTS.—The Council—
‘‘(1) may accept money and other property donated,
bequeathed, or devised to the Council without condition or restriction (other than that it be used to
carry out the work of the Council); and
‘‘(2) may use, sell, or otherwise dispose of any such
property to carry out its functions under this Act, except that, upon the termination of the Council, any
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such property shall be disposed of in accordance with
applicable provisions of law governing the disposal of
Federal property.
‘‘SEC. 8. REPORTS.
‘‘The Council shall transmit to the President and
each House of the Congress—
‘‘(1) within 1 and 2 years, respectively, after the
date on which the Council first meets, reports containing its preliminary findings and recommendations; and
‘‘(2) within 3 years after the date on which the
Council first meets, a final report containing a detailed statement of the findings and conclusions of
the Council, together with its recommendations for
such legislation or administrative actions as it considers appropriate.
‘‘SEC. 9. COMMENCEMENT; TERMINATION.
‘‘(a) COMMENCEMENT.—Appointments under section 5
shall be made, and the Council shall first meet, within
90 days after the date of the enactment of this Act
[Aug. 14, 1990].
‘‘(b) TERMINATION.—The Council shall cease to exist
upon transmitting its final report under section 8(2).
‘‘SEC. 10. AUTHORIZATION.
‘‘There is authorized to be appropriated such sums as
may be necessary to carry out this Act.’’
EX. ORD. NO. 8743. EXTENDING THE CLASSIFIED CIVIL
SERVICE
Ex. Ord. No. 8743, Apr. 23, 1941, as amended by Ex.
Ord. No. 9230, Aug. 20, 1942; Ex. Ord. No. 9678, Jan. 14,
1946; Ex. Ord. No. 9712, Apr. 13, 1946; Ex. Ord. No. 12107,
Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by section 1
of the act of November 26, 1940, entitled ‘‘Extending the
Classified Executive Civil Service of the United States’’
(54 Stat. 1211), by the Civil Service Act (22 Stat. 403),
and by section 1753 of the Revised Statutes of the
United States [sections 3301 and 7301 of this title], it is
hereby ordered as follows:
SECTION 1. All offices and positions in the executive
civil service of the United States except (1) those that
are temporary, (2) those expressly excepted from the
provisions of section 1 of the said act of November 26,
1940, (3) those excepted from the classified service
under Schedules A and B of the Civil Service Rules, and
(4) those which now have a classified status, are hereby
covered into the classified civil service of the Government.
SECTION 2. Section 1 of this order shall become effective on January 1, 1942, except that as to positions affected thereby which are vacant at any time after June
30, 1941, and before January 1, 1942, it shall become effective when the vacancies first exist during such period, and appointments to such vacant positions shall
be made in accordance with the Civil Service Rules as
amended by section 3 of this order, unless prior express
permission is given by the Office of Personnel Management for appointment without regard thereto.
SECTION 3. (a) Upon consideration of the report of the
Committee on Civil Service Improvement (House Document No. 118, 77th Congress) appointed by Executive
Order No. 8044 of January 31, 1939, it is hereby found
and determined that the regulations and procedures
hereinafter prescribed in this section with respect to
attorney positions in the classified civil service are required by the conditions of good administration.
(b) There is hereby created in the Office of Personnel
Management (hereinafter referred to as the Office) a
board to be known as the Board of Legal Examiners
(hereinafter referred to as the Board). The Board shall
consist of the Solicitor General of the United States
and the chief law officer of the Office of Personnel Management, as members ex officio, and nine members to be
appointed by the President, four of whom shall be attorneys chosen from the chief officers of the Executive
departments, agencies or corporate instrumentalities
of the Government, two from the law-teaching profes-
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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
sion, 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.
§ 3301
(j) The incumbent of any attorney position covered
into the classified service by section 1 of this order may
acquire a classified civil-service status in accordance
with the provisions of Section 2(a) of the act of November 26, 1940 (54 Stat. 1211) or, in the discretion of the
Board and when applicable, Section 6, of Civil Service
Rule II: Provided, That the noncompetitive examination required thereunder shall be prescribed by the Office with the approval of the Board.
(k) The Office with the approval of the Board shall
appoint a competent person to act as Executive Secretary to the Board; and the Office shall furnish such
further professionals, clerical, stenographic, and other
assistants as may be necessary to carry out the provisions of this section.
(l) The Civil Service Rules are hereby amended to the
extent necessary to give effect to the provisions of this
section.
SECTION 4. The noncompetitive examinations prescribed pursuant to sections 3 and 6 of this order and
section 2(a) of the said act of November 26, 1940, shall,
among other things, require any person taking such examination to meet such reasonable standards of physical fitness and personal suitability as the Office of
Personnel Management may prescribe.
SECTION 5. Persons who on the effective date of section 1 of this order are on furlough or leave without pay
from any position covered into the classified service by
that section may be recalled to duty within one year of
the date that they are furloughed or given leave without pay, and may be continued in such positions thereafter but shall not thereby acquire a classified civilservice status. If they are not recalled to duty within
the time specified herein, they shall be separated from
the service.
SECTION 6. (a) Any person who, in order to perform active service with the military or naval forces of the
United States, has left a position (other than a temporary position) which is covered into the classified
civil service under section 1 of this order, shall be reinstated in such position or to a position of like seniority, status, and pay in the same department or agency,
and may, upon reinstatement, acquire a classified civilservice status: Provided, (1) that he has been honorably
discharged from the military or naval service, (2) that
he makes application for reinstatement within 90 days
after termination of his service with the armed forces
or of hospitalization continuing after discharge for a
period of not more than one year, and (3) that he qualifies in such suitable noncompetitive examination as
the Office may prescribe.
(b) Any person who, in order to perform active service
with the military or naval forces of the United States,
has left a position in any department or agency (other
than a temporary position) which is covered into the
classified civil service under section 1 of this order,
may, upon his applications and upon the request of the
head of the same or any other department or agency, be
reinstated in any position for which the Office finds he
is qualified, and upon reinstatement shall acquire a
classified civil-service status: Provided, (1) that he has
been honorably discharged from the military or naval
service, and (2) that he qualifies in such suitable noncompetitive examination as the Office may prescribe.
SECTION 7. Executive Order No. 8044 of January 31,
1939, is hereby revoked so far as it applies to positions
covered into the classified civil service by this order.
EXECUTIVE ORDER NO. 9367
Ex. Ord. No. 9367, Aug. 4, 1943, 8 F.R. 11017, which prohibited, with certain exceptions, instructions of applicants for civil service and foreign service examinations
by officers or employees of the government, was revoked by Ex. Ord. No. 11408, Apr. 25, 1968, 33 F.R. 6459.
EX. ORD. NO. 10577. CIVIL SERVICE RULES
Ex. Ord. No. 10577, Nov. 22, 1954, 19 F.R. 7521, eff. Jan.
23, 1955, as amended by Ex. Ord. No. 10675, Aug. 21, 1956,
21 F.R. 6327; Ex. Ord. No. 10745, Dec. 12, 1957, 22 F.R.
§ 3301
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
10025; Ex. Ord. No. 12107, § 2–101(a), Dec. 28, 1978, 44 F.R.
1055, amended generally the Civil Service Rules, provided for transition from the indefinite appointment
system to the career-conditional appointment system,
and revoked Ex. Ord. No. 9830, Feb. 24, 1947, 12 F.R. 1259;
Ex. Ord. No. 9973, June 28, 1948, 13 F.R. 3600; Ex. Ord.
No. 10180, Nov. 13, 1950, 15 F.R. 7745; Ex. Ord. No. 10440,
Mar. 31, 1953, 18 F.R. 1823; and Ex. Ord. No. 10463, June
25, 1953, 18 F.R. 3655. The Civil Service Rules are set out
in Parts 1 to 10 of Title 5, Code of Federal Regulations.
The Civil Service Rules were also amended by the following Executive Orders:
Ex. Ord. No. 10641, Oct. 26, 1955, 20 F.R. 8137, as
amended by Ex. Ord. No. 12107, § 2–101(a), Dec. 28, 1978,
44 F.R. 1055.
Ex. Ord. No. 10869, Mar. 9, 1960, 25 F.R. 2073.
Ex. Ord. No. 11315, Nov. 17, 1966, 31 F.R. 14729, as
amended by Ex. Ord. No. 12107, § 2–101(a), Dec. 28, 1978,
44 F.R. 1055.
Ex. Ord. No. 11839, Feb. 15, 1975, 40 F.R. 7351.
Ex. Ord. No. 11856, May 7, 1975, 40 F.R. 20259.
Ex. Ord. No. 11887, Nov. 4, 1975, 40 F.R. 51411.
Ex. Ord. No. 11935, Sept. 2, 1976, 41 F.R. 37301, as
amended by Ex. Ord. No. 12107, § 2–101(a), Dec. 28, 1978,
44 F.R. 1055.
Ex. Ord. No. 12021, Nov. 30, 1977, 42 F.R. 61237.
Ex. Ord. No. 12043, Mar. 7, 1978, 43 F.R. 9773, as amended by Ex. Ord. No. 12107, § 2–101(a), Dec. 28, 1978, 44 F.R.
1055.
Ex. Ord. No. 12125, Mar. 15, 1979, 44 F.R. 16879.
Ex. Ord. No. 12148, § 5–212, July 20, 1979, 44 F.R. 43239,
set out in a note under section 5195 of Title 42, The Public Health and Welfare.
Ex. Ord. No. 12300, Mar. 23, 1981, 46 F.R. 18683, which
was superseded by Ex. Ord. No. 12940, Nov. 28, 1994, 59
F.R. 61519.
Ex. Ord. No. 12748, § 8(a), Feb. 1, 1991, 56 F.R. 4521, set
out as a note under section 5301 of this title.
Ex. Ord. No. 12896, Feb. 3, 1994, 59 F.R. 5515.
Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 61519.
Ex. Ord. No. 13124, § 2(b), June 4, 1999, 64 F.R. 31103.
Ex. Ord. No. 13197, Jan. 18, 2001, 66 F.R. 7853.
EXECUTIVE ORDER NO. 10590
Ex. Ord. No. 10590, Jan. 18, 1955, 20 F.R. 409, as amended by Ex. Ord. No. 10722, Aug. 7, 1957, 22 F.R. 6287; Ex.
Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No.
10782, Sept. 8, 1958, 23 F.R. 6971, which established the
President’s Committee on Government Employment
Policy, was superseded by Ex. Ord. No. 11246, Sept. 24,
1965, 30 F.R. 12319, set out as a note under section 2000e
of Title 42, The Public Health and Welfare.
EXECUTIVE ORDER NO. 10880
Ex. Ord. No. 10880, June 7, 1960, 25 F.R. 5131, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055,
which provided for conversion of indefinite or temporary appointments to career or career-conditional
appointments, was revoked by Ex. Ord. No. 12608, Sept.
9, 1987, 52 F.R. 34617.
EXECUTIVE ORDER NO. 10925
Ex. Ord. No. 10925, Mar. 7, 1961, 26 F.R. 1977, as amended by Ex. Ord. No. 11114, June 24, 1963, 28 F.R. 6485; Ex.
Ord. No. 11162, July 28, 1964, 29 F.R. 10563, which established the President’s Committee on Equal Employment Opportunity, was superseded by Ex. Ord. No.
11246, Sept. 24, 1965, 30 F.R. 12319, set out as a note
under section 2000e of Title 42, The Public Health and
Welfare.
EXECUTIVE ORDER NO. 11114
Ex. Ord. No. 11114, June 24, 1963, 28 F.R. 6485, as
amended by Ex. Ord. No. 11162, July 28, 1964, 29 F.R.
10563, which extended the authority of the President’s
Committee on Equal Employment Opportunity, was superseded by Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R.
12319, set out as a note under section 2000e of Title 42,
The Public Health and Welfare.
Page 214
EX. ORD. NO. 11141. DISCRIMINATION ON THE BASIS OF AGE
Ex. Ord. No. 11141, Feb. 12, 1964, 29 F.R. 2477, provided:
WHEREAS the principle of equal employment opportunity is now an established policy of our Government
and applies equally to all who wish to work and are capable of doing so; and
WHEREAS discrimination in employment because of
age, except upon the basis of a bona fide occupational
qualification, retirement plan, or statutory requirement, is inconsistent with that principle and with the
social and economic objectives of our society; and
WHEREAS older workers are an indispensable source
of productivity and experience which our Nation can ill
afford to lose; and
WHEREAS President Kennedy, mindful that maximum national growth depends on the utilization of all
manpower resources, issued a memorandum on March
14, 1963, reaffirming the policy of the Executive Branch
of the Government of hiring and promoting employees
on the basis of merit alone and emphasizing the need to
assure that older people are not discriminated against
because of their age and receive fair and full consideration for employment and advancement in Federal employment; and
WHEREAS, to encourage and hasten the acceptance
of the principle of equal employment opportunity for
older persons by all sectors of the economy, private and
public, the Federal Government can and should provide
maximum leadership in this regard by adopting that
principle as an express policy of the Federal Government not only with respect to Federal employees but
also with respect to persons employed by contractors
and subcontractors engaged in the performance of Federal contracts:
NOW, THEREFORE, by virtue of the authority vested
in me by the Constitution and statutes of the United
States and as President of the United States, I hereby
declare that it is the policy of the Executive Branch of
the Government that (1) contractors and subcontractors engaged in the performance of Federal contracts
shall not, in connection with the employment, advancement, or discharge of employees, or in connection with
the terms, conditions, or privileges of their employment, discriminate against persons because of their age
except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement,
and (2) that contractors and subcontractors, or persons
acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is
based upon a bona fide occupational qualification, retirement plan, or statutory requirement. The head of
each department and agency shall take appropriate action to enunciate this policy, and to this end the Federal Procurement Regulations and the Armed Services
Procurement Regulation shall be amended by the insertion therein of a statement giving continuous notice of
the existence of the policy declared by this order.
LYNDON B. JOHNSON.
EXECUTIVE ORDER NO. 11162
Ex. Ord. No. 11162, July 28, 1964, 29 F.R. 10563, which
related to membership of the President’s Committee on
Equal Employment Opportunity, was superseded by Ex.
Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, set out as a
note under section 2000e of Title 42, The Public Health
and Welfare.
EXECUTIVE ORDER NO. 11202
Ex. Ord. No. 11202, Mar. 5, 1965, 30 F.R. 3185, which established career or career-conditional appointments for
student trainees, was revoked by Ex. Ord. No. 11813,
Oct. 7, 1974, 39 F.R. 36317, formerly set out below.
EX. ORD. NO. 11203. CAREER APPOINTMENTS TO CERTAIN
QUALIFIED EMPLOYEES OF TREASURY DEPARTMENT
Ex. Ord No. 11203, Mar. 12, 1965; 30 F.R. 3417, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
Page 215
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3301
By virtue of the authority vested in me by Section 2
of the Civil Service Act (22 Stat. 403) and Section 1753
of the Revised Statutes of the United States (5 U.S.C.
631) [sections 3301 and 7301 of this title] and as President of the United States, it is hereby ordered as follows—
SECTION 1. Any employee of the Treasury Department
serving under an appointment under Schedule B of the
Civil Service Rules in a position concerned with the
protection of the life and safety of the President, members of his immediate family, or other persons for
whom similar protective services are provided by law
(which responsibility is hereinafter referred to as the
protective function) may have his appointment converted to a career appointment if:
(1) he has completed at least three years of full-time
continuous service in a position concerned with the
protective function;
(2) The Secretary of the Treasury, or his designee,
recommends the conversion of the employee’s appointment within 90 days after the employee meets the service requirements of this section, or within 90 days after
the date of this Order, whichever is later;
(3) he shall have passed a competitive examination
appropriate for the position he is occupying or meets
noncompetitive examination standards the Office of
Personnel Management prescribes for his position; and
(4) he meets all other requirements prescribed by the
Office pursuant to Section 5 of this Order.
SEC. 2. For the purposes of Section 1—
(1) ‘‘full-time continuous service’’ means service
without a break of more than 30 calendar days;
(2) except as provided in paragraph (3) of this section,
active service in the Armed Forces of the United States
shall be deemed to be full-time continuous service in a
position concerned with the protective function if the
employee concerned shall have left a position concerned with the protective function to enter the Armed
Forces and shall have been re-employed in a position
concerned with the protective function within 120 days
after he shall have been discharged from the Armed
Forces under honorable conditions; and
(3) active service in the Armed Forces shall not be
deemed to be full-time continuous service in a position
concerned with the protective function if such active
service exceeds a total of four years plus any period of
additional service imposed pursuant to law.
SEC. 3. Any employee who shall have left a position
concerned with the protective function to enter active
service in the Armed Forces of the United States, who
is re-employed in such a position within 120 days after
his discharge under honorable conditions from such
service, and who meets the requirements of Section 1 as
the result of being credited with his period of active
service in the Armed Forces pursuant to Section 2(2),
may have his appointment converted if the Secretary
of the Treasury or his designee, recommends that conversion within 90 days after his re-employment.
SEC. 4. Whenever the Secretary of the Treasury, or
his designee, decides not to recommend conversion of
the appointment of an employee under this Order or
whenever the Secretary, or his designee, recommends
conversion and the employee fails to qualify, the employee shall be separated by the date on which his current Schedule B appointment expires.
SEC. 5. The Office of Personnel Management shall prescribe such regulations as may be necessary to carry
out the purposes of this Order.
present or former member of the Foreign Service may
be appointed in the competitive service if he:
(a) Is qualified for the position in the competitive
service;
(b) Was appointed in the Foreign Service under authority of the Foreign Service Act of 1946 as amended
[former section 801 et seq. of Title 22, Foreign Relations
and Intercourse], the Foreign Service Act of 1980 [section 3901 et seq. of Title 22], or legislation that supplements or replaces the latter Act;
(c) Served in the Foreign Service under an unlimited,
career-type appointment and, immediately before his
separation from that appointment, he completed at
least one year of continuous service under one or more
nontemporary appointments in the Foreign Service
which may include the service that made him eligible
for his career-type appointment; and
(d) Is appointed within 3 years after his separation
from the Foreign Service, or he completed at least 3
years of substantially continuous service under one or
more nontemporary appointments in the Foreign Service immediately before his separation from the unlimited, career-type appointment in that Service which
may include the service that made him eligible for such
appointment, or he is entitled to preference under section 2 of the Veterans’ Preference Act of 1944, as
amended [sections 1302 and 2108 of this title].
SEC. 2. (a) Except as provided in paragraph (b) of this
section, a person appointed under Section 1 of this
Order becomes a career conditional employee.
(b) A person appointed under Section 1 of this Order
becomes a career employee when he:
(1) Has completed at least 3 years of substantially
continuous service under one or more nontemporary
appointments in the Foreign Service immediately before his separation from the unlimited, career-type appointment in that Service which may include the service that made him eligible for such appointment;
(2) Is appointed to a position in the competitive service required by law or Executive order to be filled on a
permanent or career basis; or
(3) Has completed the service requirement for career
tenure in the competitive service.
EX. ORD. NO. 11219. APPOINTMENT IN COMPETITIVE
SERVICE OF FOREIGN SERVICE OFFICERS AND EMPLOYEES
Ex. Ord. No. 11315, Nov. 17, 1966, 31 F.R. 14729, as
amended by Ex. Ord. No. 12107, § 2–101(a), Dec. 28, 1978,
44 F.R. 1055, added Civil Service Rule IX and amended
Civil Service Rule VI, provided for transition to the
full establishment of executive assignments under Rule
IX, and delegated responsibility for the administration
of the executive assignment system established by this
Order to the Office of Personnel Management and heads
of agencies affected by Rule IX. Civil Service Rule IX,
as established by this Order, was revoked by Ex. Ord.
No. 12748, § 8(a), Feb. 1, 1991, 56 F.R. 4521, set out under
section 5301 of this title.
Ex. Ord. No. 11219, May 6, 1965, 30 F.R. 6381, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex.
Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:
By virtue of the authority vested in me by section
1753 of the Revised Statutes [sections 3301 and 7301 of
this title] and the Civil Service Act (22 Stat. 403), and
as President of the United States, it is hereby ordered
as follows:
SECTION 1. Under regulations and conditions prescribed by the Office of Personnel Management, a
For the purpose of subparagraph (3) of this paragraph,
service in the Foreign Service is creditable in meeting
the service requirement only if the person concerned is
appointed to a nontemporary position in the competitive service under Section 1 of this Order within 30 days
after his separation from the Foreign Service.
SEC. 3. A person appointed to a nontemporary position in the competitive service under Section 1 of this
Order acquires a competitive status automatically on
appointment.
SEC. 4. Any law, Executive order, or regulation that
would disqualify an applicant for appointment in the
competitive service shall also disqualify a person for
appointment under Section 1 of this Order.
SEC. 5. For the purpose of this Order, a person is
deemed to be a member of the ‘‘Foreign Service’’ if he
was appointed in any agency under authority of the
Foreign Service Act of 1946, as amended [former section
801 et seq. of Title 22, Foreign Relations and Intercourse], the Foreign Service Act of 1980 [section 3901 et
seq. of Title 22], or legislation that supplements or replaces the latter Act.
EXECUTIVE ORDER NO. 11315
§ 3301
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
EXECUTIVE ORDER NO. 11598
Ex. Ord. No. 11598, June 16, 1971, 36 F.R. 11711, formerly set out as a note under this section, which related to the listing of certain job vacancies by federal
agencies and government contractors and subcontractors, was superseded by Ex. Ord. No. 11701, Jan. 24, 1973,
38 F.R. 2675, set out as a note under section 4212 of Title
38, Veterans’ Benefits.
EXECUTIVE ORDER NO. 11813
Ex. Ord. No. 11813, Oct. 7, 1974, 39 F.R. 36317, which related to career or career-conditional appointments for
cooperative education students, was revoked by Ex.
Ord. No. 12015, Oct. 26, 1977, 42 F.R. 56947, set out below.
EX. ORD. NO. 11955. CAREER OR CAREER-CONDITIONAL APPOINTMENT TO CERTAIN QUALIFIED EMPLOYEES OF NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Ex. Ord. No. 11955, Jan. 10, 1977, 42 F.R. 2499, as
amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R.
1055, provided:
By virtue of the authority vested in me by section
3301 of title 5 of the United States Code [this section],
and as President of the United States of America, it is
hereby ordered as follows:
SECTION 1. The appointment of a Command Pilot,
Pilot or Mission Specialist candidate to a position in
the Space Shuttle Astronaut Program of the National
Aeronautics and Space Administration, which is listed
under Schedule B of the Schedule of Excepted Positions, may be converted to career or career-conditional
appointment if:
(a) the candidate has successfully completed two
years of service as a candidate in an appropriate training program;
(b) the Administrator of the National Aeronautics
and Space Administration, or the Administrator’s designee, recommends the conversion of the candidate’s
appointment within ninety days of completion of the
requirements of section 1(a);
(c) the candidate meets noncompetitive examination
standards prescribed by the Office of Personnel Management; and
(d) the candidate meets all other requirements prescribed by the Office of Personnel Management pursuant to section 3 of this order.
SEC. 2. Whenever the Administrator of the National
Aeronautics and Space Administration, or the Administrator’s designee, decides not to recommend conversion
of an appointment under this order or whenever the Administrator, or the Administrator’s designee, recommends conversion and the candidate fails to qualify,
the candidate shall be separated not later than the date
of expiration of the current Schedule B appointment,
unless the appointment can be converted through appropriate competitive examination or the candidate
can be assigned to a suitable position under another excepted authority prior to the expiration date.
SEC. 3. The Office of Personnel Management shall prescribe such regulations as may be necessary to carry
out the purpose of this order.
EXECUTIVE ORDER NO. 12008
Ex. Ord. No. 12008, Aug. 25, 1977, 42 F.R. 43373, as
amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R.
1055, which established a Presidential Management Intern Program, was revoked by Ex. Ord. No. 12364, May
24, 1982, 47 F.R. 22931, formerly set out below.
EX. ORD. NO. 12015. CAREER OR CAREER-CONDITIONAL APPOINTMENTS IN COMPETITIVE SERVICE FOR STUDENTS
COMPLETING APPROVED CAREER-RELATED WORK-STUDY
PROGRAMS
Ex. Ord. No. 12015, Oct. 26, 1977, 42 F.R. 56947, as
amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R.
1055; Ex. Ord. No. 13024, Nov. 7, 1996, 61 F.R. 58125, provided:
By virtue of the authority vested in me by Sections
3301 and 3302 of Title 5 of the United States Code, and
Page 216
as President of the United States of America, it is hereby ordered as follows:
SECTION 1. As used in this order ‘‘career-related workstudy programs’’ are those programs established by the
Office of Personnel Management which provide for a
formally-arranged schedule of periods of attendance at
an accredited school combined with periods of careerrelated work in a Federal agency under a Schedule B
appointment.
SEC. 2. The appointment of a student to a position in
a career-related work-study program may be converted
noncompetitively to a term, career, or career-conditional appointment if the student:
(a) has completed within the preceding 120 days an
educational program that meets the provisions established by the Office of Personnel Management;
(b) has satisfied all course requirements leading to
completion of the related curriculum at an accredited
school;
(c) is recommended for such an appointment by the
employing agency in which the career-related work was
performed; and,
(d) satisfies such other requirements and conditions
as the Office of Personnel Management may prescribe
for term, career, or career-conditional appointment of
an individual in career-related work-study programs.
SEC. 3. The Office of Personnel Management shall prescribe such regulations as it deems necessary to carry
out the provisions of this order and to provide for the
continuation of planning, implementation and evaluation of employment programs for students throughout
the Government. These regulations shall provide for
the periodic evaluation of the work of each student and
require that each student’s continuation in the program shall be dependent upon a finding of satisfactory
performance.
SEC. 4. Students converted to term appointment
under section 2 may subsequently be converted noncompetitively to a career or career-conditional appointment before the term appointment expires.
SEC. 5. Executive Order No. 11813 of October 7, 1974, is
hereby revoked.
[Ex. Ord. No. 12015, set out above, is revoked on the
effective date of final regulations promulgated by the
Director of OPM to implement the Internship Program,
see Ex. Ord. No. 13562, § 8(b), Dec. 27, 2010, 75 F.R. 82588,
set out below.]
EXECUTIVE ORDER NO. 12026
For provisions relating to eligibility for reinstatement in the competitive civil service of certain employees of the Energy Department, see Ex. Ord. No.
12026, Dec. 5, 1977, 42 F.R. 61849, set out as a note under
section 7292 of Title 42, The Public Health and Welfare.
EXECUTIVE ORDER NO. 12257
Ex. Ord. No. 12257, Dec. 18, 1980, 45 F.R. 84005, which
provided for noncompetitive conversion of participants
in the Comprehensive Employment and Training Act
program to career or career-conditional Civil Service
status, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986,
51 F.R. 7237.
EXECUTIVE ORDER NO. 12362
Ex. Ord. No. 12362, May 12, 1982, 47 F.R. 21231, as
amended by Ex. Ord. No. 12585, Mar. 3, 1987, 52 F.R. 6773,
which related to appointment to competitive status of
certain overseas employees upon return to the United
States, was revoked by Ex. Ord. No. 12721, July 30, 1990,
55 F.R. 31349, set out below.
EXECUTIVE ORDER NO. 12364
Ex. Ord. No. 12364, May 24, 1982, 47 F.R. 22931, as
amended by Ex. Ord. No. 12645, July 12, 1988, 53 F.R.
26750, which related to the Presidential Management
Intern Program, was superseded by Ex. Ord. No. 13318,
Nov. 21, 2003, 68 F.R. 66317, set out below.
EX. ORD. NO. 12505. CAREER APPOINTMENTS TO CERTAIN
OFFICE OF MANAGEMENT AND BUDGET EMPLOYEES
Ex. Ord. No. 12505, Feb. 12, 1985, 50 F.R. 6151, provided:
Page 217
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
By the authority vested in me as President by the
laws of the United States of America, including Section
3301 and 3302 of Title 5, and Section 521 of Title 31 of the
United States Code, it is hereby ordered as follows:
SECTION 1. No later than April 1, 1985, any employee
of the Office of Management and Budget serving under
an appointment under Schedule A in a position not limited to one year or less, concerned with implementation of the President’s paperwork reduction and regulatory review and planning programs, may have his or
her appointment converted to a career or career-conditional appointment if the Director of the Office of Management and Budget determines that:
(a) The employee has completed at least one year of
full-time continuous service in a position concerned
with the paperwork reduction and regulatory program;
(b) There is a continuing need for the position filled
by the employee;
(c) The employee’s past performance has been satisfactory and the employee possesses the qualifications
necessary to continue in the position; and
(d) The employee meets the citizenship requirements
and qualification standards appropriate for the position.
SEC. 2. If the Director determines not to convert an
employee’s appointment to career or career-conditional
status under the preceding Section, the employee shall
be separated not later than the date of expiration of
the current appointment.
SEC. 3. Employees whose appointments are converted
under this Order shall become career-conditional employees, or career employees if they have completed
the service requirements for career tenure, and all converted employees shall acquire a competitive status.
RONALD REAGAN.
EXECUTIVE ORDER NO. 12596
Ex. Ord. No. 12596, May 7, 1987, 52 F.R. 17537, which
provided for noncompetitive conversion to career
status of certain employees in professional and administrative career positions, was revoked by Ex. Ord. No.
13162, July 6, 2000, 65 F.R. 43212, set out as a note below.
EX. ORD. NO. 12685. NONCOMPETITIVE CONVERSION OF
PERSONAL ASSISTANTS TO EMPLOYEES WITH DISABILITIES
Ex. Ord. No. 12685, July 28, 1989, 54 F.R. 31796, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including sections 3301 and 3302 of title 5, United States
Code, it is hereby ordered as follows:
SECTION 1. Upon recommendation by the employing
agency, and subject to qualifications and other requirements prescribed by the Office of Personnel Management, an employee in a position in the excepted service
under 5 C.F.R. 213.3102(11) as a reader, interpreter, or
personal assistant for a handicapped employee, whose
employment in such position is no longer necessary and
who has completed at least 1 year of satisfactory service in such position under a non-temporary appointment, may be converted noncompetitively to a career
or career-conditional appointment.
SEC. 2. This order shall be effective upon publication
in the Federal Register.
GEORGE BUSH.
EX. ORD. NO. 12718. PRESIDENT’S ADVISORY COMMISSION
ON THE PUBLIC SERVICE
Ex. Ord. No. 12718, June 29, 1990, 55 F.R. 27451, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Federal Advisory Committee Act, as
amended (5 U.S.C. App.), and in order to provide a continuing source of advice on the public service from outstanding leaders in various walks of private life, it is
hereby ordered as follows:
SECTION 1. Establishment. The President’s Advisory
Commission on the Public Service (‘‘Commission’’) is
§ 3301
hereby established. The Commission shall be comprised
of 13 members to be appointed by the President from
among leading citizens in private life. The members
shall be appointed for 2-year terms, except that initial
appointments shall include six members appointed to
serve 1-year terms. Any vacancy in the Commission
shall be filled by an appointment for the remainder of
the term for which the original appointment was made,
and a member whose term has expired may serve until
his or her successor has been appointed. The President
shall designate one of the members of the Commission
to serve as Chairperson.
SEC. 2. Functions. (a) The Commission shall meet
from time to time at the request of the Chairperson
and shall consider ways to enhance the public service
in American life, including:
(1) improving the efficiency and attractiveness of the
Federal civil service;
(2) increasing the interest among American students
in pursuing careers in the public service; and
(3) strengthening the image of the public service in
American life.
(b) The Commission shall submit a report on its activities to the Director of the Office of Personnel Management and the President each year.
SEC. 3. Administrative Provisions. (a) The members of
the Commission shall serve without compensation, but
may receive travel expenses, including per diem in lieu
of subsistence, in accordance with sections 5702 and 5703
of title 5, United States Code.
(b) All executive agencies are directed, to the extent
permitted by law, to provide such information, advice,
and assistance to the Commission as the Commission
may request.
(c) The Director of the Office of Personnel Management shall, to the extent permitted by law and subject
to the availability of funds, provide the Commission
with administrative services, staff support, and necessary expenses.
SEC. 4. General. Notwithstanding any other Executive
order, the functions of the President under the Federal
Advisory Committee Act, as amended [5 U.S.C. App.],
except that of reporting to the Congress, which are applicable to the Commission, shall be performed by the
Office of Personnel Management in accordance with the
guidelines and procedures established by the Administrator of General Services.
GEORGE BUSH.
EX. ORD. NO. 12721. ELIGIBILITY OF OVERSEAS
EMPLOYEES FOR NONCOMPETITIVE APPOINTMENTS
Ex. Ord. No. 12721, July 30, 1990, 55 F.R. 31349, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including sections 3301 and 3302 of title 5 and section 301
of title 3 of the United States Code, and in order to permit certain overseas employees to acquire competitive
status upon returning to the United States, it is hereby
ordered as follows:
SECTION 1. A United States citizen who is a family
member of a Federal civilian employee, of a nonappropriated fund employee, or of a member of a uniformed service and who meets the qualifications and
other requirements established by the Director of the
Office of Personnel Management, including an appropriate period of satisfactory service under one or more
overseas appointments in the excepted or competitive
civil service, may be appointed noncompetitively to a
competitive service position in the executive branch
within the United States (including Guam, Puerto
Rico, and the Virgin Islands). The employing agency in
the United States may waive a requirement for a written test for an individual appointed under this order if
the agency determines that the duties and responsibilities of the position occupied overseas were similar
enough to those of the position to which the individual
is being appointed under this order to make the written
test unnecessary.
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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
SEC. 2. The Director of the Office of Personnel Management shall prescribe such regulations as may be
necessary to implement this order.
SEC. 3. To the extent there is any conflict between
this order and Civil Service Rule 8.2 (5 CFR 8.2), the
provisions of this order shall control.
SEC. 4. (a) Executive Order No. 12362 of May 12, 1982,
as amended, and Executive Order No. 12585 of March 3,
1987, are revoked.
(b) Existing regulations prescribed by the Director of
the Office of Personnel Management under Executive
Order No. 12362, as amended, shall continue in effect
until modified or superseded by the Director of the Office of Personnel Management.
SEC. 5. This order shall be effective upon publication
in the Federal Register.
GEORGE BUSH.
EX. ORD. NO. 13124. AMENDING THE CIVIL SERVICE RULES
RELATING TO FEDERAL EMPLOYEES WITH PSYCHIATRIC
DISABILITIES
Ex. Ord. No. 13124, June 4, 1999, 64 F.R. 31103, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 3301 and 3302 of title 5,
United States Code, and in order to give individuals
with psychiatric disabilities the same hiring opportunities as persons with severe physical disabilities or mental retardation under the Civil Service Rules, and to
permit individuals with psychiatric disabilities to obtain Civil Service competitive status, it is hereby ordered as follows:
SECTION 1. Policy.
(a) It is the policy of the United States to assure
equality of opportunity, full participation, independent
living, and economic self-sufficiency for persons with
disabilities. The Federal Government as an employer
should serve as a model for the employment of persons
with disabilities and utilize the full potential of these
talented citizens.
(b) The Civil Service Rules governing appointment of
persons with psychiatric disabilities were adopted
years ago when attitudes about mental illness were different than they are today, which led to stricter standards for hiring persons with psychiatric disabilities
than for persons with mental retardation or severe
physical disabilities. The Civil Service Rules provide
that persons with mental retardation, severe physical
disabilities, or psychiatric disabilities may be hired
under excepted appointing authorities. While persons
with mental retardation or severe physical disabilities
may be appointed for more than 2 years and may convert to competitive status after completion of 2 years
of satisfactory service in their excepted position, people with psychiatric disabilities may not.
(c) The Office of Personnel Management (OPM) and
the President’s Task Force on Employment of Adults
with Disabilities believe that the Federal Government
could better benefit from the contributions of persons
with psychiatric disabilities if they were given the
same opportunities available to people with mental retardation or severe physical disabilities.
SEC. 2. Implementation.
(a) The Director of the Office of Personnel Management shall, consistent with OPM authority, provide
that persons with psychiatric disabilities are subject to
the same hiring rules as persons with mental retardation or severe physical disabilities.
(b) [Amended Civil Service Rule III.]
SEC. 3. The Director of the Office of Personnel Management shall prescribe such regulations as may be
necessary to implement this order.
WILLIAM J. CLINTON.
EXECUTIVE ORDER NO. 13162
Ex. Ord. No. 13162, July 6, 2000, 65 F.R. 43211, which established the Federal Career Intern Program and provided for its oversight by the Office of Personnel Management, was revoked, effective Mar. 1, 2011, by Ex.
Page 218
Ord. No. 13562, § 8(a), Dec. 27, 2010, 75 F.R. 82588, set out
as a note below.
EX. ORD. NO. 13318. PRESIDENTIAL MANAGEMENT
FELLOWS PROGRAM
Ex. Ord. No. 13318, Nov. 21, 2003, 68 F.R. 66317, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 3301 and 3302 of title 5,
United States Code, and in order to provide for the recruitment and selection of outstanding employees for
service in public sector management, it is hereby ordered as follows:
SECTION 1. There is hereby constituted the Presidential Management Fellows Program. The purpose of
the Program is to attract to the Federal service outstanding men and women from a variety of academic
disciplines and career paths who have a clear interest
in, and commitment to, excellence in the leadership
and management of public policies and programs. Individuals selected for the Program shall be known as
Presidential Management Fellows (PMFs) or Senior
Presidential Management Fellows (Senior PMFs).
SEC. 2. (a) Individuals eligible for appointment as a
PMF under this order are those who, in pursuing a
course of study at the graduate level, have demonstrated both exceptional ability and the commitment to which section 1 refers. Such individuals at the
time of application must have received, or must expect
to receive soon thereafter, an appropriate advanced degree as defined by the Director of the Office of Personnel Management (OPM).
(b) Individuals eligible for appointment as a Senior
PMF under this order are those who have, through extensive work experience, demonstrated both exceptional leadership or analytical ability and the commitment to which section 1 refers.
SEC. 3. The Director of OPM shall prescribe appropriate merit-based rules for the recruitment, nomination, assessment, selection, appointment, placement,
and continuing career development of fellows, including rules that:
(a) reserve to the head of a department or agency or
component within the Executive Office of the President
(EOP) the authority to appoint a fellow who is to be
employed in that department, agency, or component;
(b) provide for nomination by universities and colleges, through competitive selection processes, of eligible individuals for consideration for appointment as
PMFs;
(c) carry out the policy of the United States to ensure
equal employment opportunities for employees without
discrimination because of race, color, religion, sex, or
national origin; and
(d) ensure the application of appropriate veterans’
preference criteria.
SEC. 4. (a) Fellows shall be appointed to positions in
either:
(1) Schedule A of the excepted service; or
(2) an agency or component within the EOP excepted
from the competitive service.
(b) Appointments under subsection (a) shall not exceed 2 years in duration unless extended by the head of
the department or agency or component within the
EOP, with the concurrence of the Director of OPM, for
a period not to exceed 1 additional year.
(c) The following principles and policies shall govern
service and tenure by fellows:
(1) responsibilities assigned to a PMF shall be consistent with the PMF’s educational background and career interests, and the purposes of the Program; and responsibilities assigned to a Senior PMF shall be consistent with the Senior PMF’s experience and career interests, and the purposes of the Program;
(2) continuation of a fellow’s appointment shall be
contingent upon satisfactory performance by the fellow
throughout the fellowship appointment;
(3) except as provided in paragraph (4) of this subsection, service as a fellow shall confer no right to fur-
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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
ther Federal employment in either the competitive or
excepted service upon the expiration of the fellow’s appointment; and
(4) competitive civil service status may be granted to
a fellow who satisfactorily completes the Program and
meets such other requirements as the Director of OPM
may prescribe. A fellow appointed by an agency excepted from the competitive service may also be appointed to a permanent position in an excepted service
agency without further competition.
SEC. 5. The Director of OPM shall provide for an orderly transition, including with respect to nominations, selection processes, and appointments, from the
Presidential Management Intern Program established
by Executive Order 12364 [formerly set out above] of
May 24, 1982, to the Presidential Management Fellows
Program established by this order. Until that transition is provided for, individuals who were selected or
appointed under the provisions of Executive Order 12364
and who have not completed their scheduled periods of
excepted service are hereby redesignated as Presidential Management Fellows, and continue their internships under the terms of Executive Order 12364.
SEC. 6. The Director of OPM shall prescribe such regulations as may be necessary to carry out the purposes
of this order.
SEC. 7. Executive Order 12364 [formerly set out above]
is superseded, except as provided in section 5 of this
order.
SEC. 8. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or
any other person.
GEORGE W. BUSH.
[Ex. Ord. No. 13318, set out above, is revoked on the
effective date of final regulations promulgated by the
Director of OPM to implement required changes to the
PMF Program, see Ex. Ord. No. 13562, § 8(c), Dec. 27,
2010, 75 F.R. 82588, set out below.]
EX. ORD. NO. 13473. TO AUTHORIZE CERTAIN NONCOMPETITIVE APPOINTMENTS IN THE CIVIL SERVICE FOR SPOUSES
OF CERTAIN MEMBERS OF THE ARMED FORCES
Ex. Ord. No. 13473, Sept. 25, 2008, 73 F.R. 56703, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 3301 and 3302 of title 5,
United States Code, it is hereby ordered as follows:
SECTION 1. Policy. It shall be the policy of the United
States to provide for the appropriately expedited recruitment and selection of spouses of members of the
Armed Forces for appointment to positions in the competitive service of the Federal civil service as part of
the effort of the United States to recruit and retain in
military service, skilled and experienced members of
the Armed Forces and to recognize and honor the service of such members injured, disabled, or killed in connection with their service.
SEC. 2. Definitions. As used in this order:
(a) the term ‘‘agency’’ has the meaning specified for
the term ‘‘executive agency’’ in section 105 of title 5,
United States Code, but does not include the Government Accountability Office;
(b) the term ‘‘Armed Forces’’ has the meaning specified for that term in section 101 of title 10, United
States Code;
(c) the term ‘‘active duty’’ means full-time duty in an
armed force and includes full-time National Guard
duty, except that, for Reserve Component members, the
term ‘‘active duty’’ does not include training duties or
attendance at service schools.
(d) the term ‘‘permanent change of station’’ means
the assignment, detail, or transfer of a member of the
Armed Forces serving at a present permanent duty station to a different permanent duty station under a
competent authorization or order that does not:
§ 3301
(i) specify the duty as temporary;
(ii) provide for assignment, detail, or transfer, after
that different permanent duty station, to a further
different permanent duty station; or (iii) [sic] direct
return to the present permanent duty station; and
(e) the term ‘‘totally disabled retired or separated
member’’ means a member of the Armed Forces who:
(i) retired under chapter 61 of title 10, United States
Code, with a disability rating at the time of retirement of 100 per cent; or (ii) [sic] retired or separated
from the Armed Forces and has a disability rating of
100 percent from the Department of Veterans Affairs.
SEC. 3. Noncompetitive Appointment Authority. Consistent with the policy set forth in section 1 of this order
and such regulations as the Director of the Office of
Personnel Management may prescribe, the head of an
agency may make a noncompetitive appointment to
any position in the competitive service, for which the
individual is qualified, of an individual who is:
(a) the spouse of a member of the Armed Forces who,
as determined by the Secretary of Defense, is performing active duty pursuant to orders that authorize a permanent change of station move, if such spouse relocates to the member’s new permanent duty station;
(b) the spouse of a totally disabled retired or separated member of the Armed Forces; or
(c) the unremarried widow or widower of a member of
the Armed Forces killed while performing active duty.
SEC. 4. Administrative Provisions. The heads of agencies
shall employ, as appropriate, appointment authority
available to them, in addition to the authority granted
by section 3 of this order, to carry out the policy set
forth in section 1.
SEC. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or
agency or the head thereof; and
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative functions.
(b) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other
person.
GEORGE W. BUSH.
EX. ORD. NO. 13518. EMPLOYMENT OF VETERANS IN THE
FEDERAL GOVERNMENT
Ex. Ord. No. 13518, Nov. 9, 2009, 74 F.R. 58533, provided:
By the authority vested in me by the Constitution
and the laws of the United States of America, including
section 301 of title 3 of the United States Code, I hereby
order as follows:
SECTION 1. Policy. Veterans have served and sacrificed
in defense of our Nation. When they complete their
service, we must do everything in our power to assist
them in re-entering civilian life and finding employment. Government as well as private employers should
play a prominent role in helping veterans who may be
struggling to find jobs. As one of the Nation’s leading
employers, the Federal Government is in need of highly
skilled individuals to meet agency staffing needs and to
support mission objectives. Our veterans, who have
benefited from training and development during their
military service, possess a wide variety of skills and experiences, as well as the motivation for public service,
that will help fulfill Federal agencies’ staffing needs. It
is therefore the policy of my Administration to enhance recruitment of and promote employment opportunities for veterans within the executive branch, consistent with merit system principles and veterans’ preferences prescribed by law. The Federal Government
will thereby help lead by example in promoting veterans’ employment.
SEC. 2. Council on Veterans Employment. There is hereby established an interagency Council on Veterans Employment (Council), to be co-chaired by the Secretaries
§ 3301
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
of Labor and Veterans Affairs. The Director of the Office of Personnel Management (OPM) shall serve as
Vice Chair of the Council.
(a) Mission and Function of the Council. The Council
shall:
(i) advise and assist the President and the Director of
OPM in establishing a coordinated Government-wide
effort to increase the number of veterans employed by
the Federal Government by enhancing recruitment and
training;
(ii) serve as a national forum for promoting veterans’
employment opportunities in the executive branch; and
(iii) establish performance measures to assess the effectiveness of, and submit an annual report to the
President on the status of, the Veterans Employment
Initiative described in section 3 of this order.
(b) Membership of the Council. The Council shall consist of the heads of the following agencies and such
other executive branch agencies as the President may
designate:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of the Interior;
(vi) the Department of Agriculture;
(vii) the Department of Commerce;
(viii) the Department of Labor;
(ix) the Department of Health and Human Services;
(x) the Department of Housing and Urban Development;
(xi) the Department of Transportation;
(xii) the Department of Energy;
(xiii) the Department of Education;
(xiv) the Department of Veterans Affairs;
(xv) the Department of Homeland Security;
(xvi) the Environmental Protection Agency;
(xvii) the National Aeronautics and Space Administration;
(xviii) the Agency for International Development;
(xix) the General Services Administration;
(xx) the National Science Foundation;
(xxi) the Nuclear Regulatory Commission;
(xxii) the Office of Personnel Management;
(xxiii) the Small Business Administration; and
(xxiv) the Social Security Administration.
A member of the Council may designate, to perform
the Council functions of the member, a senior official
who is part of the member’s agency, and who is a fulltime officer or employee of the Federal Government.
(c) Administration of the Council. The Co-Chairs
shall convene meetings of the Council, determine its
agenda, and direct its work. At the direction of the CoChairs, the Council may establish subgroups consisting
exclusively of Council members or their designees, as
appropriate. The Vice Chair shall designate an Executive Director for the Council to support the Vice Chair
in managing the Council’s activities. The OPM shall
provide administrative support for the Council to the
extent permitted by law and within existing appropriations.
(d) Steering Committee. There is established within
the Council a Steering Committee consisting of the
Secretaries of Defense, Labor, Veterans Affairs, and
Homeland Security, the Director of OPM, and any
other Council member designated by the Co-Chairs.
The Steering Committee shall be responsible for providing leadership, accountability, and strategic direction to the Council.
SEC. 3. Veterans Employment Initiative. The agencies
represented on the Council shall participate in a Veterans Employment Initiative (Initiative). Under the Initiative, each participating agency shall, to the extent
permitted by law:
(a) develop an agency-specific Operational Plan for
promoting employment opportunities for veterans, consistent with the Government-wide Veterans Recruitment and Employment Strategic Plan described in section 4 of this order, merit system principles, the agency’s strategic human capital plan, and other applicable
workforce planning strategies and initiatives;
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(b) within 120 days of the date of this order, establish
a Veterans Employment Program Office, or designate
an agency officer or employee with full-time responsibility for its Veterans Employment Program, to be
responsible for enhancing employment opportunities
for veterans within the agency, consistent with law and
merit system principles, including developing and implementing the agency’s Operational Plan, veterans recruitment programs, and training programs for veterans with disabilities, and for coordinating employment
counseling to help match the career aspirations of veterans to the needs of the agency;
(c) provide mandatory annual training to agency
human resources personnel and hiring managers concerning veterans’ employment, including training on
veterans’ preferences and special authorities for the
hiring of veterans;
(d) identify key occupations for which the agency
will provide job counseling and training to better enable veterans to meet agency staffing needs associated
with those occupations; and
(e) coordinate with the Departments of Defense and
Veterans Affairs to promote further development and
application
of
technology
designed
to
assist
transitioning service members and veterans with disabilities.
SEC. 4. Additional Responsibilities of the Director of the
Office of Personnel Management. The Director of OPM
shall, in consultation with the Council and to the extent permitted by law:
(a) develop a Government-wide Veterans Recruitment
and Employment Strategic Plan, to be updated at least
every 3 years, addressing barriers to the employment of
veterans in the executive branch and focusing on:
(i) identifying actions that agency leaders should
take to improve employment opportunities for veterans;
(ii) developing the skills of transitioning military
service members and veterans;
(iii) marketing the Federal Government as an employer of choice to transitioning service members and
veterans;
(iv) marketing the talent, experience, and dedication
of transitioning service members and veterans to Federal agencies; and
(v) disseminating Federal employment information
to veterans and hiring officials;
(b) provide Government-wide leadership in recruitment and employment of veterans in the executive
branch;
(c) identify key occupations, focusing on positions in
high-demand occupations where talent is needed to
meet Government-wide staffing needs, for which the
Federal Government will provide job counseling and
training under section 5(a) of this order to veterans and
transitioning military service personnel;
(d) develop mandatory training for both human resources personnel and hiring managers on veterans’
employment, including veterans’ preference and special
hiring authorities;
(e) compile and post on the OPM website Government-wide statistics on the hiring of veterans; and
(f) within 1 year of the date of this order and with the
advice of the Council, provide recommendations to the
President on improving the ability of veterans’ preference laws to meet the needs of the new generation of
veterans, especially those transitioning from the conflicts in Iraq and Afghanistan, and the needs of Federal
hiring officials.
SEC. 5. Responsibilities of the Secretaries of Defense,
Labor, Veterans Affairs, and Homeland Security. The Secretaries of Defense, Labor, Veterans Affairs, and Homeland Security shall take the following actions, to the
extent permitted by law:
(a) The Secretaries of Defense, Labor, Veterans Affairs, and Homeland Security shall, in consultation
with OPM, develop and implement counseling and
training programs to align veterans’ and transitioning
service members’ skills and career aspirations to Federal employment opportunities, targeting Federal oc-
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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
cupations that are projected to have heavy recruitment
needs.
(b) The Secretary of Labor shall conduct employment
workshops for veterans and transitioning military service personnel as part of the Transition Assistance Program (TAP), and integrate in those workshops information about the Federal hiring process, veterans’ preference laws, special hiring authorities, and Federal job
opportunities.
(c) The Secretary of Defense and Secretary of Homeland Security (with respect to the Coast Guard) shall:
(i) reinforce military leadership’s commitment and
support of the service members’ transition process; and
(ii) institute policies that encourage every eligible
service member to take the opportunity to enroll in
any or all of the four components of the TAP.
(d) The Secretaries of Labor and Veterans Affairs
shall:
(i) assist veterans and transitioning service members
in translating military skills, training, and education
to Federal occupations through programs developed
under subsection (a) of this section; and
(ii) provide training to employment and rehabilitation counselors on the Federal hiring process, veterans’
preferences, special hiring authorities, and identifying
Federal employment opportunities for veterans.
SEC. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.
EX. ORD. NO. 13562. RECRUITING AND HIRING STUDENTS
AND RECENT GRADUATES
Ex. Ord. No. 13562, Dec. 27, 2010, 75 F.R. 82585, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 3301 and 3302 of title 5,
United States Code, it is hereby ordered as follows:
SECTION 1. Policy. The Federal Government benefits
from a diverse workforce that includes students and recent graduates, who infuse the workplace with their enthusiasm, talents, and unique perspectives. The existing competitive hiring process for the Federal civil
service, however, is structured in a manner that, even
at the entry level, favors job applicants who have significant previous work experience. This structure,
along with the complexity of the rules governing admission to the career civil service, creates a barrier to
recruiting and hiring students and recent graduates. It
places the Federal Government at a competitive disadvantage compared to private-sector employers when
it comes to hiring qualified applicants for entry-level
positions.
To compete effectively for students and recent graduates, the Federal Government must improve its recruiting efforts; offer clear paths to Federal internships
for students from high school through post-graduate
school; offer clear paths to civil service careers for recent graduates; and provide meaningful training, mentoring, and career-development opportunities. Further,
exposing students and recent graduates to Federal jobs
through internships and similar programs attracts
them to careers in the Federal Government and enables
agency employers to evaluate them on the job to determine whether they are likely to have successful careers
in Government.
§ 3301
Accordingly, pursuant to my authority under 5 U.S.C.
3302(1), and in order to achieve a workforce that represents all segments of society as provided in 5 U.S.C.
2301(b)(1), I find that conditions of good administration
(specifically, the need to promote employment opportunities for students and recent graduates in the Federal
workforce) make necessary an exception to the competitive hiring rules for certain positions in the Federal civil service.
SEC. 2. Establishment. There are hereby established
the Internship Program and the Recent Graduates Program, which, along with the Presidential Management
Fellows Program, as modified herein, shall collectively
be known as the Pathways Programs. I therefore direct
the Director of the Office of Personnel Management
(OPM) to issue regulations implementing the Pathways
Programs consistent with this order, including:
(a) a description of the positions that executive departments and agencies (agencies) may fill through the
Pathways Programs because conditions of good administration necessitate excepting those positions from
the competitive hiring rules;
(b) rules governing whether, to what extent, and in
what manner public notice should be provided of job
opportunities in the Pathways Programs;
(c) a description of career-development, training, and
mentorship opportunities for participants in the Pathways Programs;
(d) requirements that managers meaningfully assess
the performance of participants in the Pathways Programs to identify those who should be considered for
conversion to career civil service positions;
(e) a description of OPM oversight of agency use of
the Pathways Programs to ensure that (i) they serve as
a supplement to, and not a substitute for, the competitive hiring process, and (ii) agencies are using the
Pathways Programs in a genuine effort to develop talent for careers in the civil service;
(f) a description of OPM plans to evaluate agencies’
effectiveness in recruiting and retaining talent using
the Pathways Programs and of the satisfaction of Pathways Programs participants and their hiring managers;
and
(g) standard naming conventions across agencies, so
that students and recent graduates can clearly understand and compare the career pathway opportunities
available to them in the Federal Government.
SEC. 3. Internship Program. The Internship Program
shall provide students in high schools, community colleges, 4-year colleges, trade schools, career and technical education programs, and other qualifying educational institutions and programs, as determined by
OPM, with paid opportunities to work in agencies and
explore Federal careers while still in school. The Internship Program would replace the existing Student
Career Experience Program, established pursuant to
Executive Order 12015 of October 26, 1977. The following
principles and policies shall govern the Internship Program:
(a) Participants in the program shall be referred to as
‘‘Interns’’ and shall be students enrolled, or accepted
for enrollment, in qualifying educational institutions
and programs, as determined by OPM.
(b) Subject to any exceptions OPM may establish by
regulation, agencies shall provide Interns with meaningful developmental work and set clear expectations
regarding the work experience of the intern.
(c) Students employed by third-party internship providers but placed in agencies may, to the extent permitted by OPM regulations, be treated as participants
in the Internship Program.
SEC. 4. Recent Graduates Program. The Recent Graduates Program shall provide individuals who have recently graduated from qualifying educational institutions or programs with developmental experiences in
the Federal Government intended to promote possible
careers in the civil service. The following principles
and policies shall govern the Recent Graduates Program:
(a) Participants in the program shall be referred to as
‘‘Recent Graduates’’ and must have obtained a qualify-
§ 3301
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
ing degree, or completed a qualifying career or technical education program, as determined by OPM, within the preceding 2 years, except that veterans who, due
to their military service obligation, were precluded
from participating in the Recent Graduates Program
during the 2-year period after obtaining a qualifying
degree or completing a qualifying program shall be eligible to participate in the Program within 6 years of
obtaining a qualifying degree or completing a qualifying program.
(b) Responsibilities assigned to a Recent Graduate
shall be consistent with his or her qualifications, educational background, and career interests, the purpose
of the Recent Graduates Program, and agency needs.
SEC. 5. Presidential Management Fellows Program. The
Presidential Management Fellows (PMF) Program is an
existing program established pursuant to Executive
Order 13318 of November 21, 2003, that aims to attract
to the Federal service outstanding men and women
from a variety of academic disciplines at the graduate
level who have a clear interest in, and commitment to,
the leadership and management of public policies and
programs. The following requirements shall govern the
PMF Program upon the revocation of Executive Order
13318, as provided in section 8 of this order:
(a) Participants in this program shall continue to be
known as Presidential Management Fellows (PMFs or
Fellows) and must have received, within the preceding
2 years, a qualifying advanced degree, as determined by
OPM.
(b) Responsibilities assigned to a PMF shall be consistent with the PMF’s qualifications, educational
background, and career interests, the purposes of the
PMF Program, and agency needs.
(c) OPM shall establish the eligibility requirements
and minimum qualifications for the program, as well as
a process for assessing eligible individuals for consideration for appointment as PMFs.
SEC. 6. Appointment and Conversion. (a) Appointments
to any of the Pathways Programs shall be under Schedule D of the excepted service, as established by section
7 of this order.
(b) Appointments to the Recent Graduates or PMF
Programs shall not exceed 2 years, unless extended by
the employing agency for up to 120 days thereafter.
(c) Appointment to a Pathways Program shall confer
no right to further Federal employment in either the
competitive or excepted service upon the expiration of
the appointment, except that agencies may convert eligible participants noncompetitively to term, career, or
career conditional appointments after satisfying requirements to be established by OPM, and agencies
may noncompetitively convert participants who were
initially converted to a term appointment under this
section to a career or career-conditional appointment
before the term appointment expires.
SEC. 7. Implementation. (a) [Amended Civil Service
Rule VI.]
(b) The Director of OPM shall:
(i) promulgate such regulations as the Director determines may be necessary to implement this order;
(ii) provide oversight of the Pathways Programs;
(iii) establish, if appropriate, a Government-wide cap
on the number of noncompetitive conversions to the
competitive service of Interns, Recent Graduates, or
PMFs (or a Government-wide combined conversion cap
applicable to all three categories together);
(iv) administer, and review and revise annually or as
needed, any Government-wide cap established pursuant
to this subsection;
(v) provide guidance on conducting an orderly transition from existing student and internship programs to
the Pathways Programs established pursuant to this
order; and
(vi) consider for publication in the Federal Register
at an appropriate time a proposed rule seeking public
comment on the elimination of the Student Temporary
Employment Program, established through OPM regulations at 5 CFR 213.3202(a).
(c) In accordance with regulations prescribed pursuant to this order and applicable law, agencies shall:
Page 222
(i) use appropriate merit-based procedures for recruitment, assessment, placement, and ongoing career
development for participants in the Pathways Programs;
(ii) provide for equal employment opportunity in the
Pathways Programs without regard to race, ethnicity,
color, religion, sex, national origin, age, disability, sexual orientation, or any other non-merit-based factor;
(iii) apply veterans’ preference criteria; and
(iv) within 45 days of the date of this order, designate
a Pathways Programs Officer (at the agency level, or at
bureaus or components within the agency) to administer Pathways Programs, to serve as liaison with
OPM, and to report to OPM on the implementation of
the Pathways Programs and the individuals hired
under them.
SEC. 8. Prior Executive Orders. (a) Effective March 1,
2011, Executive Order 13162 (Federal Career Intern Program) is superseded and revoked. Any individuals serving in appointments under that order on March 1, 2011,
shall be converted to the competitive service, effective
on that date, with no loss of pay or benefits.
(b) On the effective date of final regulations promulgated by the Director of OPM to implement the Internship Program, Executive Order 12015 (pursuant to which
the Student Career Experience Program was established), as amended, is superseded and revoked.
(c) On the effective date of final regulations promulgated by the Director of OPM to implement changes to
the PMF Program required by this order, Executive
Order 13318 (Presidential Management Fellows Program), as amended, is superseded and revoked.
SEC. 9. General Provisions. (a) This order shall be implemented consistent with applicable law and subject
to the availability of appropriations.
(b) Nothing in this order shall be construed to impair
or otherwise affect:
(i) authority granted by law, regulation, Executive
Order, or Presidential Directive to an executive department, agency, or head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.
IMPROVING THE FEDERAL RECRUITMENT AND HIRING
PROCESS
Memorandum of President of the United States, May
11, 2010, 75 F.R. 27157, provided:
Memorandum for the Heads of Executive Departments and Agencies
To deliver the quality services and results the American people expect and deserve, the Federal Government must recruit and hire highly qualified employees,
and public service should be a career of choice for the
most talented Americans. Yet the complexity and inefficiency of today’s Federal hiring process deters many
highly qualified individuals from seeking and obtaining
jobs in the Federal Government.
I therefore call on executive departments and agencies (agencies) to overhaul the way they recruit and
hire our civilian workforce. Americans must be able to
apply for Federal jobs through a commonsense hiring
process and agencies must be able to select high-quality candidates efficiently and quickly. Moreover, agency managers and supervisors must assume a leadership
role in recruiting and selecting employees from all segments of our society. Human resource offices must provide critical support for these efforts. The ability of
agencies to perform their missions effectively and efficiently depends on a talented and engaged workforce,
and we must reform our hiring system to further
strengthen that workforce.
By the authority vested in me as President by the
Constitution and the laws of the United States, includ-
Page 223
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
ing section 3301 of title 5, United States Code, I hereby
direct the following:
SECTION 1. Directions to Agencies. Agency heads shall
take the following actions no later than November 1,
2010:
(a) consistent with merit system principles and other
requirements of title 5, United States Code, and subject
to guidance to be issued by the Office of Personnel
Management (OPM), adopt hiring procedures that:
(1) eliminate any requirement that applicants respond to essay-style questions when submitting their
initial application materials for any Federal job;
(2) allow individuals to apply for Federal employment
by submitting resumes and cover letters or completing
simple, plain language applications, and assess applicants using valid, reliable tools; and
(3) provide for selection from among a larger number
of qualified applicants by using the ‘‘category rating’’
approach (as authorized by section 3319 of title 5,
United States Code), rather than the ‘‘rule of 3’’ approach, under which managers may only select from
among the three highest scoring applicants;
(b) require that managers and supervisors with responsibility for hiring are:
(1) more fully involved in the hiring process, including planning current and future workforce requirements, identifying the skills required for the job, and
engaging actively in the recruitment and, when applicable, the interviewing process; and
(2) accountable for recruiting and hiring highly qualified employees and supporting their successful transition into Federal service, beginning with the first performance review cycle starting after November 1, 2010;
(c) provide the OPM and the Office of Management
and Budget (OMB) timelines and targets to:
(1) improve the quality and speed of agency hiring by:
(i) reducing substantially the time it takes to hire
mission-critical and commonly filled positions;
(ii) measuring the quality and speed of the hiring
process; and
(iii) analyzing the causes of agency hiring problems
and actions that will be taken to reduce them; and
(2) provide every agency hiring manager training on
effective, efficient, and timely ways to recruit and hire
well-qualified individuals;
(d) notify individuals applying for Federal employment through USAJOBS, an OPM-approved Federal
web-based employment search portal, about the status
of their application at key stages of the application
process; and
(e) identify a senior official accountable for leading
agency implementation of this memorandum.
SEC. 2. Directions to the OPM. The OPM shall take the
following actions no later than 90 days after the date of
this memorandum:
(a) establish a Government-wide performance review
and improvement process for hiring reform actions described in section 1 of this memorandum, including:
(1) a timeline, benchmarks, and indicators of
progress; [and]
(2) a goal-focused, data-driven system for holding
agencies accountable for improving the quality and
speed of agency hiring, achieving agency hiring reform
targets, and satisfying merit system principles and veterans’ preference requirements; and [sic]
(b) develop a plan to promote diversity in the Federal
workforce, consistent with the merit system principle
(codified at 5 U.S.C. 2301(b)(1)) that the Federal Government should endeavor to achieve a workforce from all
segments of society;
(c) evaluate the Federal Career Intern Program established by Executive Order 13162 of July 6, 2000, provide recommendations concerning the future of that
program, and propose a framework for providing effective pathways into the Federal Government for college
students and recent college graduates;
(d) provide guidance or propose regulations, as appropriate, to streamline and improve the quality of job announcements for Federal employment to make sure
they are easily understood by applicants;
§ 3302
(e) evaluate the effectiveness of shared registers used
in filling positions common across multiple agencies
and develop a strategy for improving agencies’ use of
these shared registers for commonly filled Government-wide positions;
(f) develop a plan to increase the capacity of
USAJOBS to provide applicants, hiring managers, and
human resource professionals with information to improve the recruitment and hiring processes; and
(g) take such further administrative action as appropriate to implement sections 1 and 2 of this memorandum.
SEC. 3. Senior Administration Officials. Agency heads
and other senior administration officials visiting university or college campuses on official business are encouraged to discuss career opportunities in the Federal
Government with students.
SEC. 4. Reporting. (a) The OPM, in coordination with
the OMB and in consultation with other agencies, shall
develop a public human resources website to:
(1) track key human resource data, including
progress on hiring reform implementation; and
(2) assist senior agency leaders, hiring managers, and
human resource professionals with identifying and replicating best practices within the Federal Government
for improving new employee quality and the hiring
process.
(b) Each agency shall regularly review its key human
resource performance and work with the OPM and the
OMB to achieve timelines and targets for correcting
agency hiring problems.
(c) The OPM shall submit to the President an annual
report on the impact of hiring initiatives set forth in
this memorandum, including its recommendations for
further improving the Federal Government’s hiring
process.
SEC. 5. General Provisions. (a) Except as expressly
stated herein, nothing in this memorandum shall be
construed to impair or otherwise affect:
(1) authority granted by law or Executive Order to an
agency, or the head thereof; or
(2) functions of the Director of the OMB relating to
budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability
of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Director of the OPM, in consultation with the
OMB, may grant an exception to any of the requirements set forth in section 1 of this memorandum to an
agency that demonstrates that exceptional circumstances prevent it from complying with that requirement.
SEC. 6. Publication. The Director of the OPM is hereby
authorized and directed to publish this memorandum in
the Federal Register.
BARACK OBAMA.
§ 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 sections 2951, 3304(a), 3321, 7202, and 7203 of
this title.
Each officer and individual employed in an agency to which the rules apply shall aid in carrying
out the rules.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 417; Pub. L.
95–228, § 2(b), Feb. 10, 1978, 92 Stat. 25; Pub. L.
| File Type | application/pdf |
| File Modified | 2012-05-07 |
| File Created | 2012-05-07 |