5 USC 3302 Competitive service; rules

Page 217

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(3) except as provided in paragraph (4) of this subsection, service as a fellow shall confer no right to further Federal employment in either the competitive or
excepted service upon the expiration of the fellow’s appointment; and
(4) competitive civil service status may be granted to
a fellow who satisfactorily completes the Program and
meets such other requirements as the Director of OPM
may prescribe. A fellow appointed by an agency excepted from the competitive service may also be appointed to a permanent position in an excepted service
agency without further competition.
SEC. 5. The Director of OPM shall provide for an orderly transition, including with respect to nominations, selection processes, and appointments, from the
Presidential Management Intern Program established
by Executive Order 12364 [formerly set out above] of
May 24, 1982, to the Presidential Management Fellows
Program established by this order. Until that transition is provided for, individuals who were selected or
appointed under the provisions of Executive Order 12364
and who have not completed their scheduled periods of
excepted service are hereby redesignated as Presidential Management Fellows, and continue their internships under the terms of Executive Order 12364.
SEC. 6. The Director of OPM shall prescribe such regulations as may be necessary to carry out the purposes
of this order.
SEC. 7. Executive Order 12364 [formerly set out above]
is superseded, except as provided in section 5 of this
order.
SEC. 8. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or
any other person.
GEORGE W. BUSH.

§ 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.
95–454, title VII, § 703(c)(1), Oct. 13, 1978, 92 Stat.
1217; Pub. L. 96–54, § 2(a)(16), Aug. 14, 1979, 93
Stat. 382; Pub. L. 103–94, § 2(b)(1), Oct. 6, 1993, 107
Stat. 1004.)
HISTORICAL AND REVISION NOTES
Derivation
..................

U.S. Code
5 U.S.C. 633(1) (less
function of Civil
Service Commission), (2)8 (last
sentence).

Revised Statutes and
Statutes at Large
Jan. 16, 1883, ch. 27, § 2(1)
(less function of Civil
Service Commission), (2) 8
(last sentence), 22 Stat.
403, 404.

The reference to the competitive service is substituted for the reference to the Act creating that service. The reference to reasons for the exceptions is omitted as covered by section 1308 of this title. The words
‘‘provide for’’ are substituted for ‘‘provide and declare’’.
Paragraph (1) is supplied to preserve the President’s
power to except positions from the competitive service,

§ 3302

previously implied from the power to except from the
first rule in former section 633(2). Authority to make
exceptions to so much of former section 633(2) as is restated in this section and section 1302(a) is omitted as
meaningless. Authority to make exceptions to so much
of former section 633(2) as is restated in section 3318(a)
is omitted as superseded by former section 857, which is
carried into section 3318(a). In the last sentence, the
words ‘‘Each officer and individual employed in an
agency’’ are substituted for ‘‘officers of the United
States in the departments and offices’’ because of the
restrictive definition of ‘‘officer’’ in section 2104.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined
in the preface to the report.
AMENDMENTS
1993—Par. (2). Pub. L. 103–94 substituted ‘‘and 7203’’
for ‘‘7203, 7321, and 7322’’.
1979—Par. (2). Pub. L. 96–54 amended par. (2) in same
manner as amendment by section 703(c)(1) of Pub. L.
95–454. See 1978 Amendment note below.
1978—Par. (2). Pub. L. 95–454 substituted ‘‘7202, 7203’’
for ‘‘7152, 7153’’.
Pub. L. 95–228 struck out reference to section
3306(a)(1) of this title. Amendments by section 703(c)(1)
and (c)(2) of Pub. L. 95–454 appear to have been inadvertently reversed. Subsec. (c)(1) purported to amend
subsec. (c)(1) of section 2105 of this title, and subsec.
(c)(2) purported to amend par. (2) of this section. However, the amendments specified by Pub. L. 95–454,
§ 703(c)(1) and (2), were impossible to execute literally.
Thus, amendment by Pub. L. 95–454, § 703(c)(2) was executed to section 2105 of this title, and amendment by
section 703(c)(1) was executed to this section as the
probable intent of Congress.
EFFECTIVE DATE OF 1993 AMENDMENT; SAVINGS
PROVISION
Amendment by Pub. L. 103–94 effective 120 days after
Oct. 6, 1993, but not to release or extinguish any penalty, forfeiture, or liability incurred under amended
provision, which is to be treated as remaining in force
for purpose of sustaining any proper proceeding or action for enforcement of that penalty, forfeiture, or liability, and no provision of Pub. L. 103–94 to affect any
proceedings with respect to which charges were filed on
or before 120 days after Oct. 6, 1993, with orders to be
issued in such proceedings and appeals taken therefrom
as if Pub. L. 103–94 had not been enacted, see section 12
of Pub. L. 103–94, set out as an Effective Date; Savings
Provision note under section 7321 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–54 effective July 12, 1979,
see section 2(b) of Pub. L. 96–54, set out as a note under
section 305 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–454 effective 90 days after
Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as
a note under section 1101 of this title.
EX. ORD. NO. 11521. VETERANS READJUSTMENT
APPOINTMENT FOR VETERANS OF VIETNAM ERA
Ex. Ord. No. 11521, Mar. 26, 1970, 35 F.R. 5311, as
amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R.
1055, provided:
WHEREAS this Nation has an obligation to assist
veterans of the armed forces in readjusting to civilian
life;
WHEREAS the Federal Government, as an employer,
should reflect its recognition of this obligation in its
personnel policies and practices;
WHEREAS veterans, by virtue of their military service, have lost opportunities to pursue education and
training oriented toward civilian careers;
WHEREAS the Federal Government is continuously
concerned with building an effective workforce, and
veterans constitute a major recruiting source; and

§ 3303

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

WHEREAS the development of skills is most effectively achieved through a program combining employment with education or training:
NOW, THEREFORE, by virtue of the authority vested
in me by the Constitution of the United States, by sections 3301 and 3302 of title 5, United States Code, and as
President of the United States, it is ordered as follows:
SECTION 1. (a) Subject to paragraph (b) of this section,
the head of an agency may make an excepted appointment, to be known as a ‘‘veterans readjustment appointment’’, to any position in the competitive service
up to and including GS–5 or the equivalent thereof, of
a veteran or disabled veteran as defined in section
2108(1), (2), of title 5, United States Code, who:
(1) served on active duty in the armed forces of the
United States during the Vietnam era;
(2) at the time of his appointment has completed not
more than fourteen years of education; and
(3) is found qualified to perform the duties of the position.
(b) Employment under paragraph (a) of this section is
authorized only under a training or educational program developed by an agency in accordance with guidelines established by the Office of Personnel Management.
(c) An employee given a veterans readjustment appointment under paragraph (a) of this section shall
serve subject to:
(1) the satisfactory performance of assigned duties;
and
(2) participation in the training or educational program under which he is appointed.
(d) An employee who does not satisfactorily meet the
conditions set forth in paragraph (c) of this section
shall be removed in accordance with appropriate procedures.
(e) An employee serving under a veterans readjustment appointment may be promoted, reassigned, or
transferred.
(f) An employee who completes the training or educational program and who has satisfactorily completed
two years of substantially continuous service under a
veterans readjustment appointment shall be converted
to career-conditional or career employment. An employee converted under this paragraph shall automatically acquire a competitive status.
(g) In selecting an applicant for appointment under
this section, an agency shall not discriminate because
of race, color, religion, sex, national origin, or political
affiliation.
SEC. 2. (a) A person eligible for appointment under
section 1 of this order may be appointed only within
one year after his separation from the armed forces, or
one year following his release from hospitalization or
treatment immediately following his separation from
the armed forces, or one year after involuntary separation without cause from (i) a veterans readjustment appointment or (ii) a transitional appointment, or one
year after the effective date of this order if he is serving under a transitional appointment.
(b) The Office of Personnel Management may determine the circumstances under which service under a
transitional appointment may be deemed service under
a veterans readjustment appointment for the purpose
of paragraph (f) of section 1 of this order.
SEC. 3. Any law, Executive order, or regulation which
would disqualify an applicant for appointment in the
competitive service shall also disqualify a person otherwise eligible for appointment under section 1 of this
order.
SEC. 4. For the purpose of this order:
(a) ‘‘agency’’ means a military department as defined
in section 102 of title 5, United States Code, an executive agency (other than the General Accounting Office
[now Government Accountability Office]) as defined in
section 105 of title 5, United States Code, and those portions of the legislative and judicial branches of the
Federal Government and of the government of the District of Columbia having positions in the competitive
service; and

Page 218

(b) ‘‘Vietnam era’’ means the period beginning August 5, 1964, and ending on such date thereafter as may
be determined by Presidential proclamation or concurrent resolution of the Congress.
SEC. 5. The Office of Personnel Management shall prescribe such regulations as may be necessary to carry
out the provisions of this order.
SEC. 6. Executive Order No. 11397 of February 9, 1968,
is revoked. Such revocation shall not affect the right of
an employee to be converted to career-conditional or
career employment if he meets the requirements of section 1(d) of Executive Order No. 11397 after the effective
date of this order.
SEC. 7. This order is effective 14 days after its date.

§ 3303. Competitive service; recommendations of
Senators or Representatives
An individual concerned in examining an applicant for or appointing him in the competitive
service may not receive or consider a recommendation of the applicant by a Senator or
Representative, except as to the character or
residence of the applicant.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 418; Pub. L.
103–94, § 8(a), Oct. 6, 1993, 107 Stat. 1006; Pub. L.
104–197, title III, § 315(a), Sept. 16, 1996, 110 Stat.
2416.)
HISTORICAL AND REVISION NOTES
Derivation
..................

Revised Statutes and
Statutes at Large

U.S. Code
5 U.S.C. 642.

Jan. 16, 1883, ch. 27, § 10, 22
Stat. 406.

The prohibition is restated in positive form. The
words ‘‘An individual concerned in examining an applicant for or appointing him in the competitive service’’
are substituted for ‘‘any person concerned in making
any examination or appointment under this act’’. The
word ‘‘applicant’’ is substituted for ‘‘person who shall
apply for office or place under the provisions of this
act’’. The word ‘‘Representative’’ is substituted for
‘‘Member of the House of Representatives’’.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined
in the preface to the report.
AMENDMENTS
1996—Pub. L. 104–197 substituted ‘‘Competitive service; recommendations of Senators or Representatives’’
for ‘‘Political recommendations’’ in section catchline
and amended text generally, substituting provisions
prohibiting receipt or consideration of recommendations of applicants in competitive service made by Senators or Representatives for provisions which directed
that personnel actions be taken without solicitation of
or regard to such recommendations from Members of
Congress, congressional employees, any elected official
of the government of any State (including D.C. and
Puerto Rico) or subdivision thereof, or political party
official, prohibited such persons from making such recommendations, prohibited employees or applicants
from soliciting such recommendations and required notification of such prohibition, but allowed for certain
exceptions regarding solicitation and consideration of
recommendations if subject of recommendation was
limited to factors pertinent to work performance, ability, aptitude, general qualifications, related to suitability or security standards, or furnished pursuant to
law or regulation.
1993—Pub. L. 103–94 substituted ‘‘Political recommendations’’ for ‘‘Competitive service; recommendations of Senators or Representatives’’ as section catchline and amended text generally. Prior to amendment,
text read as follows: ‘‘An individual concerned in examining an applicant for or appointing him in the com-