Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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type: "LegalText"
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title: "5 U.S.C. § 3303"
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description: "Competitive service; recommendations of Senators or Representatives"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "33"
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chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
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section: "3303"
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citation: "5 U.S.C. § 3303"
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---
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# 5 U.S.C. § 3303 - Competitive service; recommendations of Senators or Representatives
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## Text
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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.
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(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.)
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## Notes
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Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 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.
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Editorial Notes
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Amendments1996—Pub. L. 104–197 substituted “Competitive service; recommendations of Senators or Representatives” for “Political recommendations” in section catchline and amended text generally, substituting provisions prohibiting receipt or consideration of recommendations of applicants in competitive service made by Senators or Representatives for provisions which directed that personnel actions be taken without solicitation of or regard to such recommendations from Members of Congress, congressional employees, any elected official of the government of any State (including D.C. and Puerto Rico) or subdivision thereof, or political party official, prohibited such persons from making such recommendations, prohibited employees or applicants from soliciting such recommendations and required notification of such prohibition, but allowed for certain exceptions regarding solicitation and consideration of recommendations if subject of recommendation was limited to factors pertinent to work performance, ability, aptitude, general qualifications, related to suitability or security standards, or furnished pursuant to law or regulation. 1993—Pub. L. 103–94 substituted “Political recommendations” for “Competitive service; recommendations of Senators or Representatives” as section catchline and amended text generally. Prior to amendment, text read as follows: “An individual concerned in examining an applicant for or appointing him in the competitive service may not receive or consider a recommendation of the applicant by a Senator or Representative, except as to the character or residence of the applicant.”
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Statutory Notes and Related Subsidiaries
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Effective Date of 1996 AmendmentAmendment by Pub. L. 104–197 effective 30 days after Sept. 16, 1996, see section 315(c) of Pub. L. 104–197, set out as a note under section 2302 of this title.
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Effective Date of 1993 Amendment; Savings ProvisionAmendment 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.
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---
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type: "LegalText"
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title: "5 U.S.C. § 3304"
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description: "Competitive service; examinations"
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "33"
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chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
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section: "3304"
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citation: "5 U.S.C. § 3304"
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---
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# 5 U.S.C. § 3304 - Competitive service; examinations
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## Text
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(a) Definitions.— In this section:
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(1) Agency.— The term “agency” means an Executive agency.
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(2) Director.— The term “Director” means the Director of the Office.
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(3) Examination.— The term “examination” means the process by which an applicant demonstrates knowledge, skills, abilities, and competencies.
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(4) Examining agency.— The term “examining agency” means—
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(A) the Office; or
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(B) an agency to which the Director has delegated examining authority under section 1104(a)(2).
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(5) Office.— The term “Office” means the Office of Personnel Management.
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(6) Passing score.— The term “passing score” means a minimum acceptable score or rating, consistent with applicable law, that may include a quantitative or qualitative assessment that an applicant can pass or fail.
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(7) Relevant committees.— The term “relevant committees” means—
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(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
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(B) the Committee on Oversight and Accountability of the House of Representatives.
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(8) Subject matter expert.— The term “subject matter expert” means an employee or selecting official—
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(A) who possesses an understanding of the duties of, and knowledge, skills, and abilities required for, the position for which the employee or selecting official is developing or administering an examination; and
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(B) whom the delegated examining unit of the examining agency that employs the employee or selecting official designates to assist in the development and administration of technical assessments.
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(9) Technical assessment.— The term “technical assessment” means a position-specific tool that is relevant to the position for which the tool is developed that—
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(A) allows for the demonstration of job-related skills, abilities, knowledge, and competencies;
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(B) is based upon a job analysis; and
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(C) does not solely include or principally rely upon a self-assessment from an automated examination.
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(b) Rules.— The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, for—
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(1) open, competitive examinations for testing applicants for appointment in the competitive service which are practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of the applicants for the appointment sought;
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(2) noncompetitive examinations when competent applicants do not compete after notice has been given of the existence of the vacancy; and
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(3) authority for agencies to appoint, without regard to the provision of sections 3309 through 3318, candidates directly to positions for which—
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(A) public notice has been given; and
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(B) the Office of Personnel Management has determined that there exists a severe shortage of candidates (or, with respect to the Department of Veterans Affairs, that there exists a severe shortage of highly qualified candidates) or that there is a critical hiring need.
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The Office shall prescribe, by regulation, criteria for identifying such positions and may delegate authority to make determinations under such criteria.
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(c) Examinations.— (1) In general.— For the purpose of testing applicants for appointment for a position, or class of positions, in the competitive service, an examining agency shall conduct an examination pursuant to subsection (b).
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(2) Interim examination period.— (A) Preference for technical assessment.— During the 3-year period beginning on the date of enactment of the Chance to Compete Act of 2024, an examining agency shall preference the use of a technical assessment, to the maximum extent practicable, to assess the job-related skills, abilities, knowledge, and competencies of an applicant for a position in the competitive service.
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(B) Use of alternative assessment.— During the 3-year period beginning on the date of enactment of the Chance to Compete Act of 2024, if an examining agency determines that the use of a technical assessment to assess the job-related skills, abilities, knowledge, and competencies of an applicant for a position in the competitive service is not practicable, the examining agency may use an alternative assessment for that purpose if the examining agency includes a brief description of the rationale for the use of the alternative assessment in the job posting.
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(3) Transition planning.— (A) In general.— Not later 11 So in original. Probably should be followed by “than”. 18 months after the date of enactment of the Chance to Compete Act of 2024, the Director shall submit to the relevant committees a plan to transition Federal hiring practices to adopt technical assessments in accordance with subsection (d), which shall include—
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(i) the prioritization of—
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(I) job classifications; and
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(II) resource requirements; and
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(ii) a timeline for full implementation of the transition.
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(B) Additional consultation.— In developing the plan under subparagraph (A), the Director shall consult with, at minimum—
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(i) the Director of the Office of Management and Budget;
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(ii) the Chair of the Chief Human Capital Officers Council;
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(iii) employee representatives; and
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(iv) relevant external stakeholders.
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(4) Implementation of technical assessments.— (A) Implementation of plan.— Not later than 3 years after the date of enactment of the Chance to Compete Act of 2024, the Director shall implement the plan submitted under paragraph (3).
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(B) Adoption of technical assessments.— On and after the date that is 3 years after the date of enactment of the Chance to Compete Act of 2024, an examining agency shall use a technical assessment to examine applicants for positions in the competitive service in accordance with subsection (d).
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(C) Waiver.— (i) In general.— The requirement under subparagraph (B) shall not apply to an examining agency with respect to a particular job series if—
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(I) the examining agency determines that use of a technical assessment is impracticable for the job series; and
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(II) the head of the examining agency submits to the Director and the relevant committees a certification that use of the technical assessment is impracticable, which certification shall include—
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(aa) identification of the job series;
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(bb) identification of the number of positions that are included in the job series within the agency for which the examining agency is conducting examinations; and
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(cc) a description of the rationale for the determination.
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(ii) Effectiveness of waiver.— A waiver under this subparagraph shall be effective for the period—
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(I) beginning on the date that is 1 day after the date on which the applicable certification is submitted under clause (i)(II); and
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(II) ending on the date that is 3 years after the date on which the applicable certification is submitted under clause (i)(II).
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(iii) No delegation of certification authority.— The head of an examining agency may not delegate the authority to submit a certification under clause (i)(II).
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(d) Technical Assessment.— (1) In general.— For the purpose of conducting an examination for a position in the competitive service, an individual who is determined by an examining agency to be a subject matter expert in the subject and job field of the position may—
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(A) develop, in partnership with human resources employees of the examining agency, a position-specific assessment that is relevant to the position, based on job analysis, which may include—
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(i) a structured interview;
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(ii) a work-related exercise;
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(iii) a custom or generic procedure used to measure an applicant’s employment or career-related qualifications and interests; or
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(iv) another assessment that—
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(I) allows for the demonstration of job-related technical skills, abilities, and knowledge; and
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(II) is relevant to the position for which the assessment is developed; and
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(B) administer the assessment developed under subparagraph (A) to—
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(i) determine whether an applicant for the position has a passing score to be qualified for the position; or
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(ii) rank applicants for the position for category rating purposes under section 3319.
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(2) Feasibility study on sharing and customization of assessment.— Not later than 1 year after the date of enactment of the Chance to Compete Act of 2024, the Director shall—
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(A) conduct a feasibility study that examines the practicability, including a cost benefit analysis, of—
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(i) the sharing of technical assessments by an examining agency with another examining agency;
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(ii) mechanisms for each examining agency to maintain appropriate control over examination material that is shared by the examining agency as described in clause (i);
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(iii) limits on customization of a technical assessment that is shared as described in clause (i) and mechanisms to ensure that the resulting technical assessment satisfies the requirements under part 300 of title 5, Code of Federal Regulations (or any successor regulation); and
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(iv) the development of an online platform on which examining agencies can share and customize technical assessments as described in this subparagraph; and
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(B) submit to the relevant committees a report on the study conducted under subparagraph (A).
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(e) Federal Agency Talent Teams.— (1) In general.— An agency may establish 1 or more agency talent teams, including at the component level.
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(2) Duties.— An agency talent team shall provide hiring support to the agency, including by—
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(A) improving examinations;
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(B) facilitating the writing of job announcements for the competitive service;
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(C) sharing high-quality certificates of eligible applicants; and
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(D) facilitating hiring for the competitive service using examinations.
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(f) Office of Personnel Management Talent Team.— The Director may establish a Federal talent team to support agency talent teams by—
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(1) facilitating hiring actions across the Federal Government;
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(2) providing training;
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(3) creating tools and guides to facilitate hiring for the competitive service; and
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(4) developing technical assessments.
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(g) Rulemaking.— The Director shall promulgate such regulations as are necessary to implement and interpret this section.
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(h) Examination or Exception Required.— An individual may be appointed in the competitive service only if he has passed an examination or is specifically excepted from examination under section 3302 of this title. This subsection does not take from the President any authority conferred by section 3301 of this title that is consistent with the provisions of this title governing the competitive service.
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(i) Technicians.— (1) For the purpose of this subsection, the term “technician” has the meaning given such term by section 8337(h)(1) of this title.
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(2) Notwithstanding a contrary provision of this title or of the rules and regulations prescribed under this title for the administration of the competitive service, an individual who served for at least 3 years as a technician acquires a competitive status for transfer to the competitive service if such individual—
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(A) is involuntarily separated from service as a technician other than by removal for cause on charges of misconduct or delinquency;
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(B) passes a suitable noncompetitive examination; and
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(C) transfers to the competitive service within 1 year after separating from service as a technician.
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(j) Consideration of Experience.— The office 22 So in original. Probably should be capitalized. of Personnel Management shall promulgate regulations on the manner and extent that experience of an individual in a position other than the competitive service, such as the excepted service (as defined under section 2103) in the legislative or judicial branch, or in any private or nonprofit enterprise, may be considered in making appointments to a position in the competitive service (as defined under section 2102). In promulgating such regulations OPM shall not grant any preference based on the fact of service in the legislative or judicial branch. The regulations shall be consistent with the principles of equitable competition and merit based appointments.
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(k) Use of Public Buildings.— Employees at any place outside the District of Columbia where the President or the Office of Personnel Management directs that examinations be held shall allow the reasonable use of public buildings for, and in all proper ways facilitate, holding the examinations.
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(l) Preference Eligibles and Veterans.— (1) Preference eligibles or veterans who have been separated from the armed forces under honorable conditions after 3 years or more of active service may not be denied the opportunity to compete for vacant positions for which the agency making the announcement will accept applications from individuals outside its own workforce under merit promotion procedures.
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(2) If selected, a preference eligible or veteran described in paragraph (1) shall receive a career or career-conditional appointment, as appropriate.
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(3) This subsection shall not be construed to confer an entitlement to veterans’ preference that is not otherwise required by law.
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(4) The area of consideration for all merit promotion announcements which include consideration of individuals of the Federal workforce shall indicate that preference eligibles and veterans who have been separated from the armed forces under honorable conditions after 3 years or more of active service are eligible to apply. The announcements shall be publicized in accordance with section 3327.
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(5) The Office of Personnel Management shall prescribe regulations necessary for the administration of this subsection. The regulations shall ensure that an individual who has completed an initial tour of active duty is not excluded from the application of this subsection because of having been released from such tour of duty shortly before completing 3 years of active service, having been honorably released from such duty.
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(m) Eligibility of Department of Defense Employees in Time-limited Appointments to Compete for Permanent Appointments.— (1) Definitions.— In this subsection—
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(A) the term “Department” means the Department of Defense; and
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(B) the term “time-limited appointment” means a temporary or term appointment in the competitive service.
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(2) Eligibility.— Notwithstanding any other provision of this chapter or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of the Department serving under a time-limited appointment is eligible to compete for a permanent appointment in the competitive service when the Department is accepting applications from individuals within its own workforce, or from individuals outside its own workforce, under merit promotion procedures, if—
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(A) the employee was appointed initially under open, competitive examination under subchapter I of this chapter to the time-limited appointment;
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(B) the employee has served under 1 or more time-limited appointments within the Department for a period or periods totaling more than 2 years without a break of 2 or more years; and
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(C) the employee’s performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (B).
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(3) Career-conditional status; competitive status.— An individual appointed to a permanent position under this section—
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(A) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and
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(B) acquires competitive status upon appointment.
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(4) Former employees.— If the Department is accepting applications as described in paragraph (2), a former employee of the Department who served under a time-limited appointment and who otherwise meets the requirements of this section shall be eligible to compete for a permanent position in the competitive service under this section if—
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(A) the employee applies for a position covered by this section not later than 2 years after the most recent date of separation; and
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(B) the employee’s most recent separation was for reasons other than misconduct or performance.
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(5) Regulations.— The Office of Personnel Management shall prescribe regulations necessary for the administration of this subsection.
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 418; Pub. L. 95–454, title IX, § 906(a)(5), Oct. 13, 1978, 92 Stat. 1225; Pub. L. 99–586, Oct. 29, 1986, 100 Stat. 3325; Pub. L. 104–65, §§ 16(a), (b), 17(a), Dec. 19, 1995, 109 Stat. 703; Pub. L. 104–186, title II, § 215(2), Aug. 20, 1996, 110 Stat. 1745; Pub. L. 105–339, § 2, Oct. 31, 1998, 112 Stat. 3182; Pub. L. 106–117, title V, § 511(c), Nov. 30, 1999, 113 Stat. 1575; Pub. L. 107–296, title XIII, § 1312(a)(1), Nov. 25, 2002, 116 Stat. 2290; Pub. L. 108–375, div. A, title XI, § 1105(g), Oct. 28, 2004, 118 Stat. 2075; Pub. L. 109–163, div. A, title XI, § 1104(e)(2), Jan. 6, 2006, 119 Stat. 3450; Pub. L. 111–84, div. A, title XI, § 1102(d)(2), Oct. 28, 2009, 123 Stat. 2485; Pub. L. 115–46, title II, § 213, Aug. 12, 2017, 131 Stat. 967; Pub. L. 117–263, div. A, title XI, § 1108, Dec. 23, 2022, 136 Stat. 2818; Pub. L. 118–188, §§ 2(a)(1), (2)(E), 3, Dec. 23, 2024, 138 Stat. 2644–2646.)
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## Notes
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|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 633(2)1.Jan. 16, 1883, ch. 27, § 2(2)1, 22 Stat. 403. 5 U.S.C. 633(2)7 (less last 17 words).Jan. 16, 1883, ch. 27, § 2(2)7 (less last 17 words), 22 Stat. 404. (b)5 U.S.C. 638 (as applicable to appointment).Jan. 16, 1883, ch. 27, § 7 (as applicable to appointment), 22 Stat. 406. (c)5 U.S.C. 631b(b).Nov. 26, 1940, ch. 919, § 2(b), 54 Stat. 1212.Feb. 12, 1946, ch. 3, 60 Stat. 3.May 29, 1958, Pub. L. 85–432, § 5, 72 Stat. 151. 5 U.S.C. 631b(c).June 24, 1952, ch. 456, 66 Stat. 155. (d)5 U.S.C. 635 (7th sentence).Jan. 16, 1883, ch. 27, § 3 (7th sentence), 22 Stat. 404. In subsection (a), the authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302. The words “competitive service” are substituted for “public service” since the requirements do not apply to the excepted or uniformed service. In subsection (b), the words “That after the expiration of six months from the passage of this act” are omitted as executed. The words “in the competitive service” are substituted for “in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules” because of the definition of “competitive service” in section 2102. In the second sentence, the words “the provisions of this title governing the competitive service” are substituted for “this act”. In subsection (c), the provisions of former section 631b(b) and (c) are combined and restated for clarity. The words “From and after the effective date of this Act” and “From and after the date of approval of this Act” are omitted as executed. The words “competitive service” are substituted for “classified civil service” in view of the definition of “competitive service” in section 2102. The words “or as a clerical employee of the Senate or House of Representatives” are omitted as included in the reference to “an individual . . . in the legislative branch in a position in which he was paid by the Secretary of the Senate or the Clerk of the House of Representatives”. The words “and nothing in this Act shall be construed to impair any right of retransfer provided for under civil service laws or regulations made thereunder” are omitted as unnecessary. In subsection (d), the word “Employees” is substituted for “collector, postmaster, and other officers of the United States”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of enactment of the Chance to Compete Act of 2024, referred to in subsecs. (c)(2), (3)(A), (4)(A), (B) and (d)(2), is the date of enactment of Pub. L. 118–188, which was approved Dec. 23, 2024.
|
||||
|
||||
Amendments2024—Subsec. (a). Pub. L. 118–188, § 2(a)(1)(C), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 118–188, § 2(a)(1)(B), (2)(E)(i), redesignated subsec. (a) as (b) and inserted heading. Former subsec. (b) redesignated (h). Subsecs. (c) to (g). Pub. L. 118–188, § 3, added subsecs. (c) to (g). Former subsecs. (c) to (g) redesignated (i) to (m), respectively. Subsecs. (h), (i). Pub. L. 118–188, § 2(a)(1)(A), (2)(E)(ii), (iii), redesignated subsecs. (b) and (c) as (h) and (i), respectively, and inserted headings. Subsec. (j). Pub. L. 118–188, § 2(a)(1)(A), (2)(E)(iv), redesignated subsec. (d) as (j), inserted heading, and substituted “The office” for “The Office”. Subsecs. (k), (l). Pub. L. 118–188, § 2(a)(1)(A), (2)(E)(v), (vi), redesignated subsecs. (e) and (f) as (k) and (l), respectively, and inserted headings. Subsec. (m). Pub. L. 118–188, § 2(a)(1)(A), redesignated subsec. (g) as (m). 2022—Subsec. (g). Pub. L. 117–263 added subsec. (g). 2017—Subsec. (a)(3)(B). Pub. L. 115–46 inserted “(or, with respect to the Department of Veterans Affairs, that there exists a severe shortage of highly qualified candidates)” after “severe shortage of candidates”. 2009—Subsec. (a)(3)(B). Pub. L. 111–84 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “(i) the Office of Personnel Management has determined that there exists a severe shortage of candidates or there is a critical hiring need; or “(ii) the candidate is a participant in the Science, Mathematics, and Research for Transformation (SMART) Defense Defense Education Program under section 2192a of title 10, United States Code.” 2006—Subsec. (a)(3)(B)(ii). Pub. L. 109–163 substituted “Defense Education Program” for “Scholarship Pilot Program” and “section 2192a of title 10, United States Code.” for “section 1105 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005.” 2004—Subsec. (a)(3)(B). Pub. L. 108–375 added subpar. (B) and struck out former subpar. (B) which read as follows: “the Office of Personnel Management has determined that there exists a severe shortage of candidates or there is a critical hiring need.” 2002—Subsec. (a)(3). Pub. L. 107–296 added par. (3). 1999—Subsec. (f)(2), (3). Pub. L. 106–117, § 511(c)(2), (3), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (4). Subsec. (f)(4). Pub. L. 106–117, § 511(c)(1), (2), redesignated par. (3) as (4) and struck out former par. (4) which read as follows: “The Office of Personnel Management shall establish an appointing authority to appoint such preference eligibles and veterans.” Subsec. (f)(5). Pub. L. 106–117, § 511(c)(4), added par. (5). 1998—Subsec. (f). Pub. L. 105–339 added subsec. (f). 1996—Subsec. (c)(1). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”. 1995—Subsec. (c). Pub. L. 104–65, § 16(a), (b), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “Notwithstanding a contrary provision of this title or of the rules and regulations prescribed under this title for the administration of the competitive service, an individual who served— “(1) for at least 3 years in the legislative branch in a position in which he was paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives; or “(2) for at least 4 years as a secretary or law clerk, or both, to a justice or judge of the United States; acquires a competitive status for transfer to the competitive service if he is involuntarily separated without prejudice from the legislative or judicial branch, passes a suitable noncompetitive examination, and transfers to the competitive service within 1 year of the separation from the legislative or judicial branch. For the purpose of this subsection, an individual who has served for at least 2 years in a position in the legislative branch described by paragraph (1) of this subsection and who is separated from that position to enter the armed forces is deemed to have held that position during his service in the armed forces.” Subsec. (d). Pub. L. 104–65, § 17(a), which directed amendment of this section by adding subsec. (d) at the end thereof, was executed by adding subsec. (d) after subsec. (c) to reflect the probable intent of Congress. Pub. L. 104–65, § 16(b), redesignated subsec. (d) as (c). 1986—Subsecs. (d), (e). Pub. L. 99–586 added subsec. (d) and redesignated former subsec. (d) as (e). 1978—Subsec. (d). Pub. L. 95–454 substituted “the Office of Personnel Management” for “a Civil Service Commission board of examiners”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
|
||||
|
||||
Effective Date of 1999 AmendmentPub. L. 106–117, title V, § 511(d)(2), Nov. 30, 1999, 113 Stat. 1576, provided that: “If pursuant to subsection (a) [113 Stat. 1575] the amendments specified in subsection (c) [amending this section] are made, those amendments shall take effect as of October 31, 1998, as if included in subsection (f) [now (l)] of section 3304 of title 5, United States Code, as enacted by section 2 of the Veterans Employment Opportunities Act of 1998 (Public Law 105–339; 112 Stat. 3182).”
|
||||
|
||||
Effective Date of 1995 AmendmentPub. L. 104–65, § 16(c), Dec. 19, 1995, 109 Stat. 703, provided that: “The repeal and amendment made by this section [amending this section] shall take effect 2 years after the date of the enactment of this Act [Dec. 19, 1995].” Pub. L. 104–65, § 17(b), Dec. 19, 1995, 109 Stat. 703, provided that: “The amendment made by this section [amending this section] shall take effect 2 years after the date of the enactment of this Act [Dec. 19, 1995], except the Office of Personnel Management shall— “(1) conduct a study on excepted service considerations for competitive service appointments relating to such amendment; and “(2) take all necessary actions for the regulations described under such amendment to take effect as final regulations on the effective date of this section.”
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
|
||||
ReportsPub. L. 118–188, § 5, Dec. 23, 2024, 138 Stat. 2649, provided that: “(a) Implementation Reports.—“(1) In general.—Not later than 1 year after the date of enactment of this Act [Dec. 23, 2024], and each year thereafter ending with the fifth publication and submission of the report, the Director shall publish on a public-facing website, and submit to the relevant committees, a report that—“(A) examines the progress of examining agencies in implementing the requirements of this Act [see Short Title of 2024 Amendment note set out under section 101 of this title] and the amendments made by this Act; and “(B) identifies any significant difficulties encountered in the implementation described in subparagraph (A). “(2) Inclusion in annual report.—The Director may include the report required under paragraph (1) as an addendum to the report required under subsection (b). “(3) Delayed reporting.—If the Director is unable to publish and submit the report within the timeline required under paragraph (1), the Director shall publish on a public-facing website, and submit to the relevant committees, a notification of the delay that—“(A) provides a reason for the delay; and “(B) advises the public and the relevant committees of the anticipated date of publication and submission of the report. “(b) Annual Report.—“(1) In general.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Director shall publish on a public-facing website and submit to the relevant committees a report that, with respect to categories of positions in the competitive service for which an examining agency examined applicants during the applicable period, includes—“(A) the type of examination used; and “(B) summary data from examinations that are closed, audited, and anonymous on the use of examinations for the competitive service, including technical assessments. “(2) Demographic indicators.—In carrying out paragraph (1), the Director shall break the data down by applicant demographic indicators to facilitate direct comparability and trendline comparisons to data available as of October 1, 2020, as a baseline. “(3) Limitations.—In carrying out this subsection, the Director may only publish and submit to the relevant committees data relating to examinations for which—“(A) the related announcement is closed; “(B) certificates have been audited; and “(C) all hiring processes are completed. “(4) Delayed reporting.—If the Director is unable to publish and submit the report within the timeline required under paragraph (1), the Director shall publish on a public-facing website, and submit to the relevant committees, a notification of the delay that—“(A) provides a reason for the delay; and “(B) advises the public and the relevant committees of the anticipated date of publication and submission of the report. “(c) Provision of Data by Agencies.—“(1) In general.—Not later than 180 days after the date of enactment of this Act, the Director shall issue guidance to examining agencies regarding the data that the Director needs from the examining agencies in order to comply with subsections (a) and (b). “(2) Reporting timelines.—Each examining agency shall provide the data outlined in the guidance issued by the Director under paragraph (1) on a quarterly basis.” [For definitions of terms used in section 5 of Pub. L. 118–188, set out above, see section 2(b) of Pub. L. 118–188, set out below.]
|
||||
|
||||
Evaluation for Potential Updates or Revisions to Government-Wide Systems of Records at the Office of Personnel ManagementPub. L. 118–188, § 7, Dec. 23, 2024, 138 Stat. 2651, provided that: “(a) In General.—Not later than 1 year after the date of enactment of this Act [Dec. 23, 2024], the Director [of the Office of Personnel Management] shall evaluate whether the Government-wide system of records notices, the OPM/GOVT–5 Recruiting, Examining, and Placement Records, and the OPM/GOVT–6 Personnel Research and Test Validation Records, or any successor materials thereto, require updating or revision in order to support the implementation of this Act [see Short Title of 2024 Amendment set out under section 101 of this title] and the amendments made by this Act. “(b) Issuance of Updates or Revisions; Notice to Congress.—If the Director determines under subsection (a) that any updates or revisions are necessary, the Director, in accordance with section 552a of title 5, United States Code (commonly known as the ‘Privacy Act’), shall promptly—“(1) issue the updates or revisions; and “(2) notify the relevant committees [Committee on Homeland Security and Governmental Affairs of the Senate and Committee on Oversight and Accountability of the House of Representatives].”
|
||||
|
||||
Direct Hiring for Federal Wage Schedule EmployeesPub. L. 114–328, div. A, title XI, § 1139, Dec. 23, 2016, 130 Stat. 2470, provided that: “The Director of the Office of Personnel Management shall permit an agency with delegated examining authority under [section] 1104(a)(2) of title 5, United States Code, to use direct-hire authority under section 3304(a)(3) [now 3304(b)(3)] of such title for a permanent or non-permanent position or group of positions in the competitive services at GS–15 (or equivalent) and below, or for prevailing rate employees, if the Director determines that there is either a severe shortage of candidates or a critical hiring need for such positions.”
|
||||
|
||||
Definitions in Pub. L. 118–188Pub. L. 118–188, § 2(b), Dec. 23, 2024, 138 Stat. 2646, provided that: “In this Act [see sections 5 and 7 of Pub. L. 118–188, set out as notes above]— “(1) each term that is defined in section 3304(a) of title 5, United States Code, as added by subsection (a) of this section, shall have the meaning given the term in such section 3304(a); and “(2) the term ‘competitive service’ has the meaning given the term in section 2102 of title 5, United States Code.”
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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||||
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||||
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||||
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||||
---
|
||||
|
||||
# 5 U.S.C. § 3304a - Competitive service; career appointment after 3 years’ temporary service
|
||||
|
||||
## Text
|
||||
|
||||
(a) An individual serving in a position in the competitive service under an indefinite appointment or a temporary appointment pending establishment of a register (other than an individual serving under an overseas limited appointment, or in a position classified above GS–15 pursuant to section 5108) acquires competitive status and is entitled to have his appointment converted to a career appointment, without condition, when—
|
||||
|
||||
(1) he completes, without break in service of more than 30 days, a total of at least 3 years of service in such a position;
|
||||
|
||||
(2) he passes a suitable noncompetitive examination;
|
||||
|
||||
(3) the appointing authority (A) recommends to the Office of Personnel Management that the appointment of the individual be converted to a career appointment and (B) certifies to the Office that the work performance of the individual for the past 12 months has been satisfactory; and
|
||||
|
||||
(4) he meets Office qualification requirements for the position and is otherwise eligible for career appointment.
|
||||
|
||||
(b) The employing agency shall terminate the appointment of an individual serving in a position in the competitive service under an indefinite or temporary appointment described in subsection (a) of this section, not later than 90 days after he has completed the 3-year period referred to in subsection (a)(1) of this section, if, prior to the close of such 90-day period, such individual has not met the requirements and conditions of subparagraphs (2) to (4), inclusive, of subsection (a) of this section.
|
||||
|
||||
(c) In computing years of service under subsection (a)(1) of this section for an individual who leaves a position in the competitive service to enter the armed forces and is reemployed in such a position within 120 days after separation under honorable conditions, the period from the date he leaves his position to the date he is reemployed is included.
|
||||
|
||||
(d) The Office of Personnel Management may prescribe regulations necessary for the administration of this section.
|
||||
|
||||
(Added Pub. L. 90–105, § 1(a), Oct. 11, 1967, 81 Stat. 273; amended Pub. L. 91–375, § 6(c)(6), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(B)], Nov. 5, 1990, 104 Stat. 1427, 1441.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1990—Subsec. (a). Pub. L. 101–509, which directed the substitution of “in a position classified above GS–15 pursuant to section 5108)” for “in GS–16, 17, or 18)”, was executed by making the substitution for “in GS–16, GS–17, or GS–18)”, as the probable intent of Congress. 1978—Subsec. (a). Pub. L. 95–454, § 906(a)(2), (3), substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing. Subsec. (d). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”. 1970—Subsec. (a). Pub. L. 91–375 struck out “, in the postal field service,” after “limited appointment” in introductory parenthetical text.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1970 AmendmentAmendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
|
||||
|
||||
Effective DatePub. L. 90–105, § 4, Oct. 11, 1967, 81 Stat. 274, provided that: “(a) This section and section 3 of this Act [amending provisions set out as a note under section 3101 of this title] shall become effective on the date of enactment of this Act [Oct. 11, 1967]. “(b) Subject to subsection (c) of this section, the first section and section 2 of this Act [enacting this section and section 3303 of former Title 39, The Postal Service] shall become effective on the one hundred and twentieth day following the date of enactment of this Act [Oct. 11, 1967]. “(c) For the purpose of the application of section 3304a(b) of title 5, United States Code, as enacted by this Act, in the case of an individual who, prior to the effective date prescribed by subsection (b) of this section, shall have completed the 3-year period referred to in such section 3304a(b), such individual shall be deemed to have completed such 3-year period on such effective date.”
|
||||
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|
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|
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|
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---
|
||||
|
||||
# 5 U.S.C. § 3305 - Competitive service; examinations; when held
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office of Personnel Management shall hold examinations for the competitive service at least twice a year in each State and territory or possession of the United States where there are individuals to be examined.
|
||||
|
||||
(b) The Office shall hold an examination for a position to which an appointment has been made within the preceding 3 years, on the application of an individual who qualifies as a preference eligible under section 2108(3)(C)–(G) of this title. The examination shall be held during the quarter following the application.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 418; Pub. L. 90–83, § 1(8), Sept. 11, 1967, 81 Stat. 197; Pub. L. 96–54, § 2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 635 (last 24 words of 6th sentence).Jan. 16, 1883, ch. 27, § 3 (last 24 words of 6th sentence), 22 Stat. 404. (b)5 U.S.C. 859.June 27, 1944, ch. 287, § 10, 58 Stat. 390.Jan. 19, 1948, ch. 1, § 3, 62 Stat. 3.Dec. 27, 1950, ch. 1151, § 2(b), 64 Stat. 1117. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
1967 ActThis section amends various sections [§§ 3305, 3309, 3318] of title 5, United States Code, to reflect the redesignation of paragraphs (3)(B) through (F) of section 2108 of title 5 as paragraphs (3)(C) through (G) by section 1(6) of this bill.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1979—Subsec. (a). Pub. L. 96–54, § 2(a)(14), substituted “Office of Personnel Management” for “Civil Service Commission”. Subsec. (b). Pub. L. 96–54, § 2(a)(15), substituted “Office” for “Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1979 AmendmentAmendment 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.
|
||||
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||||
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|
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|
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|
||||
source_identifier: "/us/usc/t5/s3306"
|
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|
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|
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3306 - Repealed. Pub. L. 95–228, § 1, Feb. 10, 1978, 92 Stat. 25]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419, related to apportionment of appointments in the departmental service in the District of Columbia among the States, territories, etc.
|
||||
@@ -0,0 +1,89 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3307"
|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3307 - Competitive service; maximum-age entrance requirements; exceptions
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsections (b), (c), (d), (e), and (f) of this section appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service.
|
||||
|
||||
(b) The Secretary may, with the concurrence of such agent as the President may designate, determine and fix the maximum limit of age within which an original appointment to a position as an air traffic controller may be made.
|
||||
|
||||
(c) The Secretary of the Interior may determine and fix the minimum and maximum limits of age within which original appointments to the United States Park Police may be made.
|
||||
|
||||
(d) The head of any agency may determine and fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section 8331(20) and (21), respectively, of this title.
|
||||
|
||||
(e) (1) Except as provided in paragraph (2), the head of an agency may determine and fix the maximum age limit for an original appointment to a position as a firefighter or law enforcement officer, as defined by section 8401(14) or (17), respectively, of this title.
|
||||
|
||||
(2) (A) In the case of the conversion of an agency function from performance by a contractor to performance by an employee of the agency, the head of the agency, in consultation with the Director of the Office of Personnel Management, may waive any maximum limit of age, determined or fixed for positions within such agency under paragraph (1), if necessary in order to promote the recruitment or appointment of experienced personnel.
|
||||
|
||||
(B) For purposes of this paragraph—
|
||||
|
||||
(i) the term “agency” means the Department of Defense or a military department; and
|
||||
|
||||
(ii) the term “head of the agency” means—
|
||||
|
||||
(I) in the case of the Department of Defense, the Secretary of Defense; and
|
||||
|
||||
(II) in the case of a military department, the Secretary of such military department.
|
||||
|
||||
(f) The Secretary of Energy may determine and fix the maximum age limit for an original appointment to a position as a nuclear materials courier, as defined by section 8331(27) or 8401(33).
|
||||
|
||||
(g) The Secretary of Homeland Security may determine and fix the maximum age limit for an original appointment to a position as a customs and border protection officer, as defined by section 8401(36).
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419; Pub. L. 92–297, § 2(a), May 16, 1972, 86 Stat. 141; Pub. L. 93–350, § 1, July 12, 1974, 88 Stat. 355; Pub. L. 96–347, § 1(b), Sept. 12, 1980, 94 Stat. 1150; Pub. L. 100–238, title I, § 103(a)(1), Jan. 8, 1988, 101 Stat. 1744; Pub. L. 105–261, div. C, title XXXI, § 3154(a), Oct. 17, 1998, 112 Stat. 2254; Pub. L. 110–161, div. E, title V, § 535(c), Dec. 26, 2007, 121 Stat. 2076; Pub. L. 112–81, div. A, title XI, § 1107, Dec. 31, 2011, 125 Stat. 1614.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 638b (less proviso).June 27, 1956, ch. 452, § 302 (less proviso), 70 Stat. 355. The prohibition is restated in positive form. The word “officers” is omitted as included in “employees” in view of the definition of “employee” in section 2105. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextFor definition of Secretary, referred to in subsec. (b), see section 2109 of this title.
|
||||
|
||||
Amendments2011—Subsec. (e). Pub. L. 112–81 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the” for “The”, and added par. (2). 2007—Subsec. (g). Pub. L. 110–161 added subsec. (g). 1998—Subsec. (a). Pub. L. 105–261, § 3154(a)(1), substituted “(d), (e), and (f)” for “and (d)”. Subsec. (f). Pub. L. 105–261, § 3154(a)(2), added subsec. (f). 1988—Subsec. (d). Pub. L. 100–238, § 103(a)(1)(A), substituted “may” for “may, with the concurrence of such agent as the President may designate,”. Subsec. (e). Pub. L. 100–238, § 103(a)(1)(B), added subsec. (e). 1980—Subsec. (b). Pub. L. 96–347 substituted “Secretary” for “Secretary of Transportation”. 1974—Subsec. (a). Pub. L. 93–350, § 1(1), inserted reference to subsec. (d). Subsec. (d). Pub. L. 93–350, § 1(2), added subsec. (d). 1972—Pub. L. 92–297 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2007 Amendment; Transition RulesPub. L. 110–161, div. E, title V, § 535(e), Dec. 26, 2007, 121 Stat. 2077, provided that: “(1) Effective date.—The amendments made by this section [amending this section and sections 8331, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425 of this title] shall become effective on the later of June 30, 2008, or the first day of the first pay period beginning at least 6 months after the date of the enactment of this Act [Dec. 26, 2007]. “(2) Transition rules.—“(A) Nonapplicability of mandatory separation provisions to certain individuals.—The amendments made by subsections (a)(3) and (b)(6) [amending sections 8335 and 8425 of this title], respectively, shall not apply to an individual first appointed as a customs and border protection officer before the effective date under paragraph (1). “(B) Treatment of prior cbpo service.—“(i) General rule.—Except as provided in clause (ii), nothing in this section [amending this section and sections 8331, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425 of this title and enacting provisions set out as a note under this section] or any amendment made by this section shall be considered to apply with respect to any service performed as a customs and border protection officer before the effective date under paragraph (1). “(ii) Exception.—Service described in section 8331(31) or 8401(36) of title 5, United States Code (as amended by this section) rendered before the effective date under paragraph (1) may be taken into account to determine if an individual who is serving on or after such effective date then qualifies as a customs and border protection officer by virtue of holding a supervisory or administrative position in the Department of Homeland Security. “(C) Minimum annuity amount.—The annuity of an individual serving as a customs and border protection officer on the effective date under paragraph (1) pursuant to an appointment made before that date shall, to the extent that its computation is based on service rendered as a customs and border protection officer on or after that date, be at least equal to the amount that would be payable—“(i) to the extent that such service is subject to the Civil Service Retirement System, by applying section 8339(d) of title 5, United States Code, with respect to such service; and “(ii) to the extent such service is subject to the Federal Employees’ Retirement System, by applying section 8415(d) [now 8415(e)] of title 5, United States Code, with respect to such service. “(D) Rule of construction.—Nothing in the amendment made by subsection (c) [amending this section] shall be considered to apply with respect to any appointment made before the effective date under paragraph (1). “(3) Election.—“(A) Incumbent defined.—For purposes of this paragraph, the term ‘incumbent’ means an individual who is serving as a customs and border protection officer on the date of the enactment of this Act. “(B) Notice requirement.—Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall take measures reasonably designed to ensure that incumbents are notified as to their election rights under this paragraph, and the effect of making or not making a timely election. “(C) Election available to incumbents.—“(i) In general.—An incumbent may elect, for all purposes, either—“(I) to be treated in accordance with the amendments made by subsection (a) or (b) [amending sections 8331, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425 of this title], as applicable; or “(II) to be treated as if subsections (a) and (b) had never been enacted. “Failure to make a timely election under this paragraph shall be treated in the same way as an election made under subclause (I) on the last day allowable under clause (ii). “(ii) Deadline.—An election under this paragraph shall not be effective unless it is made at least 14 days before the effective date under paragraph (1). “(4) Definition.—For purposes of this subsection, the term ‘customs and border protection officer’ has the meaning given such term by section 8331(31) or 8401(36) of title 5, United States Code (as amended by this section). “(5) Exclusion.—Nothing in this section or any amendment made by this section shall be considered to afford any election or to otherwise apply with respect to any individual who, as of the day before the date of the enactment of this Act—“(A) holds a position within U.S. Customs and Border Protection; and “(B) is considered a law enforcement officer for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, by virtue of such position.”
|
||||
|
||||
Effective Date of 1988 AmendmentPub. L. 100–238, title I, § 103(f), Jan. 8, 1988, 101 Stat. 1745, provided that: “This section, and the amendments made by this section [amending this section and sections 8401 and 8704 of this title and enacting provisions set out as a note under section 8334 of this title], shall be effective as of January 1, 1987.”
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–347 effective on 90th day after Sept. 12, 1980, see section 3 of Pub. L. 96–347, set out as a note under section 2109 of this title.
|
||||
|
||||
Effective Date of 1974 AmendmentPub. L. 93–350, § 7, July 12, 1974, 88 Stat. 356, provided that: “The amendments made by the first section [amending this section], and sections 2(b), 5, and 6 [amending sections 8331, 8336, and 8339 of this title], of this Act shall become effective on the date of enactment of this Act [July 12, 1974]. The amendments made by sections 2(a) and 3 [amending sections 8331 and 8334 of this title] of this Act shall become effective at the beginning of the first applicable pay period which begins after December 31, 1974. The amendment made by section 4 of this Act [amending section 8335 of this title] shall become effective on January 1, 1978.”
|
||||
|
||||
Effective Date of 1972 AmendmentAmendment by Pub. L. 92–297 effective on 90th day after May 16, 1972, see section 10 of Pub. L. 92–297, set out as an Effective Date note under section 3381 of this title.
|
||||
|
||||
RegulationsPub. L. 110–161, div. E, title V, § 535(d), Dec. 26, 2007, 121 Stat. 2077, provided that: “Any regulations necessary to carry out the amendments made by this section [amending this section and sections 8331, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425 of this title] shall be prescribed by the Director of the Office of Personnel Management in consultation with the Secretary of Homeland Security.”
|
||||
|
||||
United States Park Police; Age Limits for Original AppointmentsPub. L. 91–73, Sept. 26, 1969, 83 Stat. 116, which provided for age limits for appointments to the United States Park Police, was repealed by Pub. L. 92–297, § 11, May 16, 1972, 86 Stat. 145, effective at the end of the 89th day after May 16, 1972. The Secretary of the Interior may fix age limits for appointment under subsec. (c) of this section.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Ex. Ord. No. 11817. Office of Personnel Management Designated Agent To Concur With Agency Determination Fixing Age Limits for Making Original Appointments Respecting Law Enforcement Officer and Firefighter Positions Ex. Ord. No. 11817, Nov. 5, 1974, 39 F.R. 39427, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by section 3307(d) of title 5 of the United States Code, as added by the first section of the Act of July 12, 1974 (Public Law 93–350; 88 Stat. 355), I hereby designate the Office of Personnel Management as the agency to concur with determinations made by agencies to fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section 8331(20) and (21), respectively, of title 5 of the United States Code. The designation made by this order shall be effective as of October 15, 1974.
|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3308 - Competitive service; examinations; educational requirements prohibited; exceptions
|
||||
|
||||
## Text
|
||||
|
||||
The Office of Personnel Management or other examining agency may not prescribe a minimum educational requirement for an examination for the competitive service except when the Office decides that the duties of a scientific, technical, or professional position cannot be performed by an individual who does not have a prescribed minimum education. The Office shall make the reasons for its decision under this section a part of its public records.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 854 (less 1st 2 sentences).June 27, 1944, ch. 287, § 5 (less 1st 2 sentences), 58 Stat. 388. The prohibition is restated in positive form. The words “The Civil Service Commission or other examining agency” are added because these are the only agencies to which the prohibition could apply. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3309 - Preference eligibles; examinations; additional points for
|
||||
|
||||
## Text
|
||||
|
||||
A preference eligible who receives a passing grade in an examination for entrance into the competitive service is entitled to additional points above his earned rating, as follows—
|
||||
|
||||
(1) a preference eligible under section 2108(3)(C)–(G) of this title—10 points; and
|
||||
|
||||
(2) a preference eligible under section 2108(3)(A)–(B) of this title—5 points.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419; Pub. L. 90–83, § 1(8), Sept. 11, 1967, 81 Stat. 197; Pub. L. 105–85, div. A, title XI, § 1102(b), Nov. 18, 1997, 111 Stat. 1922.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 852 (1st sentence).June 27, 1944, ch. 287, § 3 (less proviso), 58 Stat. 388. Jan. 19, 1948, ch. 1, § 2, 62 Stat. 3. Dec. 27, 1950, ch. 1151, § 2(a), 64 Stat. 1117. July 14, 1952, ch. 728, § 2, 66 Stat. 627. Aug. 14, 1953, ch. 485, § 1(a) “Sec. 3 (1st sentence)”, 67 Stat. 581. The word “competitive” is added before “service” for clarity. Application of this section to the excepted service in the executive branch and to the government of the District of Columbia, as provided in former section 858, is carried into section 3320. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1997—Par. (2). Pub. L. 105–85 substituted “section 2108(3)(A)–(B)” for “section 2108(3)(A)”. 1967—Cl. (1). Pub. L. 90–83 substituted “section 2108(3)(C)–(G)” for “section 2108(3)(B)–(F).” See Historical and Revision Notes under section 3305 of this title.
|
||||
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|
||||
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|
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||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3310 - Preference eligibles; examinations; guards, elevator operators, messengers, and custodians
|
||||
|
||||
## Text
|
||||
|
||||
In examinations for positions of guards, elevator operators, messengers, and custodians in the competitive service (other than for positions of housekeeping aides in the Department of Veterans Affairs), competition is restricted to preference eligibles as long as preference eligibles are available.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 420; Pub. L. 117–168, title IX, § 905, Aug. 10, 2022, 136 Stat. 1811.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 852 (2d sentence).June 27, 1944, ch. 287, § 3 (proviso), 58 Stat. 388.Aug. 14, 1953, ch. 485, § 1(a) “Sec. 3 (2d sentence)”, 67 Stat. 581. The words “in the competitive service” are added for clarity. The reference to “examinations held prior to December 31, 1954, for positions of apprentices” is omitted as obsolete. Application of this section to the excepted service in the executive branch and to the government of the District of Columbia, as provided in former section 858, is carried into section 3320. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Pub. L. 117–168 inserted “(other than for positions of housekeeping aides in the Department of Veterans Affairs)” after “competitive service”.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3311"
|
||||
description: "Preference eligibles; examinations; crediting experience"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
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|
||||
citation: "5 U.S.C. § 3311"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3311 - Preference eligibles; examinations; crediting experience
|
||||
|
||||
## Text
|
||||
|
||||
In examinations for the competitive service in which experience is an element of qualification, a preference eligible is entitled to credit—
|
||||
|
||||
(1) for service in the armed forces when his employment in a similar vocation to that for which examined was interrupted by the service; and
|
||||
|
||||
(2) for all experience material to the position for which examined, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether he received pay therefor.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 420.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 853.June 27, 1944, ch. 287, § 4, 58 Stat. 388. The words “for the competitive service” are added after “examinations” for clarity. Application of this section to the excepted service in the executive branch and to the government of the District of Columbia, as provided in former section 858, is carried into section 3320. In paragraph (1), the words “service in the armed forces” are substituted for “in the military or naval service of the United States” on authority of the Act of July 26, 1947, ch. 343, § 305(a), 61 Stat. 508. The word “actual” is omitted as surplusage. In paragraph (2), the words “material to the position for which examined” are substituted for “valuable” for clarity. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3312"
|
||||
description: "Preference eligibles; physical qualifications; waiver"
|
||||
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|
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|
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|
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3312"
|
||||
citation: "5 U.S.C. § 3312"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
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|
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confidence: "official"
|
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tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3312 - Preference eligibles; physical qualifications; waiver
|
||||
|
||||
## Text
|
||||
|
||||
(a) In determining qualifications of a preference eligible for examination for, appointment in, or reinstatement in the competitive service, the Office of Personnel Management or other examining agency shall waive—
|
||||
|
||||
(1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and
|
||||
|
||||
(2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.
|
||||
|
||||
(b) If an examining agency determines that, on the basis of evidence before it, a preference eligible under section 2108(3)(C) of this title who has a compensable service-connected disability of 30 percent or more is not able to fulfill the physical requirements of the position, the examining agency shall notify the Office of the determination and, at the same time, the examining agency shall notify the preference eligible of the reasons for the determination and of the right to respond, within 15 days of the date of the notification, to the Office. The Office shall require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address and shall, before the selection of any other person for the position, make a final determination on the physical ability of the preference eligible to perform the duties of the position, taking into account any additional information provided in any such response. When the Office has completed its review of the proposed disqualification on the basis of physical disability, it shall send its findings to the appointing authority and the preference eligible. The appointing authority shall comply with the findings of the Office. The functions of the Office under this subsection may not be delegated.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 420; Pub. L. 95–454, title III, § 307(c), title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1148, 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 854 (1st 2 sentences, less so much as relates to promotion, retention, and transfer).June 27, 1944, ch. 287, § 5 (1st 2 sentences, less so much as relates to promotion, retention, and transfer), 58 Stat. 388. The section is restated for clarity and conciseness. The words “for which examination is given” and “for which the examination is given” are omitted as surplusage. The application of this section to the excepted service in the executive branch and the government of the District of Columbia is preserved by section 3320. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 designated existing provisions as subsec. (a), substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, and added subsec. (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
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type: "LegalText"
|
||||
title: "5 U.S.C. § 3313"
|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3313 - Competitive service; registers of eligibles
|
||||
|
||||
## Text
|
||||
|
||||
The names of applicants who have qualified in examinations for the competitive service shall be entered on appropriate registers or lists of eligibles in the following order—
|
||||
|
||||
(1) for scientific and professional positions in GS–9 or higher, in the order of their ratings, including points added under section 3309 of this title; and
|
||||
|
||||
(2) for all other positions—
|
||||
|
||||
(A) disabled veterans who have a compensable service-connected disability of 10 percent or more, in order of their ratings, including points added under section 3309 of this title; and
|
||||
|
||||
(B) remaining applicants, in the order of their ratings, including points added under section 3309 of this title.
|
||||
|
||||
The names of preference eligibles shall be entered ahead of others having the same rating.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 420.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 856.June 27, 1944, 287, § 7, 58 Stat. 389.Aug. 14, 1953, ch. 485, § 1(b), 67 Stat. 581. The section is restated for clarity and conciseness. The words “for the competitive service” are added for clarity. Application of this section to the excepted service in the executive branch and to the government of the District of Columbia is carried into section 3320. The words “employment lists” are omitted as included in “appropriate registers or lists of eligibles”. In paragraph (1), the words “in GS–9 or higher” are substituted for “in grade 9 or higher of the General Schedule of the Classification Act of 1949, as amended” in view of the codification of the Act in this title, and, in specific sections 5104 and 5332. In paragraph (2)(A), the term “disabled veterans” is substituted for “preference eligibles” in view of the definition of “disabled veteran” in section 2108(2). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3314"
|
||||
description: "Registers; preference eligibles who resigned"
|
||||
jurisdiction: "us"
|
||||
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|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3314"
|
||||
citation: "5 U.S.C. § 3314"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
source_identifier: "/us/usc/t5/s3314"
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3314 - Registers; preference eligibles who resigned
|
||||
|
||||
## Text
|
||||
|
||||
A preference eligible who resigns, on request to the Office of Personnel Management, is entitled to have his name placed again on all registers for which he may have been qualified, in the order named by section 3313 of this title.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 420; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 865.June 27, 1944, ch. 287, § 16, 58 Stat. 391. The last 28 words of former section 865 relating to recertification and reappointments are omitted since under sections 3317 and 3318(a) certification and appointment follow from placing on registers. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3315"
|
||||
description: "Registers; preference eligibles furloughed or separated"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3315"
|
||||
citation: "5 U.S.C. § 3315"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3315"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3315 - Registers; preference eligibles furloughed or separated
|
||||
|
||||
## Text
|
||||
|
||||
(a) A preference eligible who has been separated or furloughed without delinquency or misconduct, on request, is entitled to have his name placed on appropriate registers and employment lists for every position for which his qualifications have been established, in the order named by section 3313 of this title. This subsection applies to registers and employment lists maintained by the Office of Personnel Management, an Executive agency, or the government of the District of Columbia.
|
||||
|
||||
(b) The Office may declare a preference eligible who has been separated or furloughed without pay under section 7512 of this title to be entitled to the benefits of subsection (a) of this section.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 420; Pub. L. 96–54, § 2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 864 (1st sentence).June 27, 1944, ch. 287 § 15 (1st sentence), 58 Stat. 391. (b)5 U.S.C. 863 (2d proviso).June 27, 1944, ch. 287, § 14 (2d proviso), 58 Stat. 391. In subsection (a), the term “Executive agency” is substituted for “any agency or project of the Federal Government” on authority of former section 869. The last 28 words of the 1st sentence of former section 864 relating to recertification and reappointment are omitted since under sections 3317 and 3318(a) certification and appointment follow from placing on registers. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1979—Subsec. (a). Pub. L. 96–54, § 2(a)(14), substituted “Office of Personnel Management” for “Civil Service Commission”. Subsec. (b). Pub. L. 96–54, § 2(a)(15), substituted “Office” for “Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1979 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3315a"
|
||||
description: "Repealed. Pub. L. 93–416, § 22(c), Sept. 7, 1974, 88 Stat. 1150]"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3315a"
|
||||
citation: "5 U.S.C. § 3315a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3315a"
|
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3315a - Repealed. Pub. L. 93–416, § 22(c), Sept. 7, 1974, 88 Stat. 1150]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 90–83 § 1(9)(A), Sept. 11, 1967, 81 Stat. 197, related to registration by Civil Service Commission of employees receiving compensation for injuries for certification for appointment to vacant positions.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3316"
|
||||
description: "Preference eligibles; reinstatement"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3316"
|
||||
citation: "5 U.S.C. § 3316"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3316"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "a3301e0da1ce970ca15db44a97154db1a4d4c9bdd25e57608a655f94e36f21b6"
|
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|
||||
text_hash: "4f5e32dfcd2a5ef69a7d74fa8f729c0ae918b027d7119a7c5cd1dcdec5aabaca"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3316 - Preference eligibles; reinstatement
|
||||
|
||||
## Text
|
||||
|
||||
On request of an appointing authority, a preference eligible who has resigned or who has been dismissed or furloughed may be certified for, and appointed to, a position for which he is eligible in the competitive service, an Executive agency, or the government of the District of Columbia.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 421.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 862.June 27, 1944, ch. 287, § 13, 58 Stat. 390. The word “authority” is substituted for “officer” in recognition of the several appointing authorities named in section 2105(a)(1). The words “in the competitive service, an Executive agency, or the government of the District of Columbia” are substituted for “in the civil service, Federal, or District of Columbia, or in any establishment, agency, bureau, administration, project, or department, temporary or permanent” on authority of former section 869. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3317"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3317"
|
||||
citation: "5 U.S.C. § 3317"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3317 - Competitive service; certification using numerical ratings
|
||||
|
||||
## Text
|
||||
|
||||
(a) Certification.— (1) In general.— The Director of the Office of Personnel Management, or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), shall certify a sufficient number of names from the top of the appropriate register or list of eligibles, as determined pursuant to regulations prescribed under subsection (c), and provide a certificate with such names to an appointing authority that has requested a certificate of eligibles to consider when filling a job in the competitive service.
|
||||
|
||||
(2) Minimum number of names certified.— Unless otherwise provided for in regulations prescribed under subsection (c), the number of names certified under paragraph (1) shall be not less than three.
|
||||
|
||||
(b) Discontinuance of Certification.— When an appointing authority, for reasons considered sufficient by the Director or head of an agency, has three times considered and passed over a preference eligible who was certified from a register, the Director or head of any agency may discontinue certifying the preference eligible for appointment. The Director or the head of an agency shall provide to such preference eligible notice of the intent to discontinue certifying such preference eligible prior to the discontinuance of certification.
|
||||
|
||||
(c) Regulations.— The Director shall prescribe regulations for the administration of this section. Such regulations shall include the establishment of mechanisms for identifying the eligibles who will be considered for each vacancy. Such mechanisms may include cut-off scores.
|
||||
|
||||
(d) Definition.— In this section, the term “Director” means the Director of the Office of Personnel Management.
|
||||
|
||||
(Added Pub. L. 115–232, div. A, title XI, § 1107(a), Aug. 13, 2018, 132 Stat. 2002.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3317, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 421; Pub. L. 95–454, title IX, § 906(a)(3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382, which related to competitive service; certification from registers, was repealed by Pub. L. 115–232, div. A, title XI, § 1107(a), (d), Aug. 13, 2018, 132 Stat. 2002, 2005, eff. Nov. 7, 2025.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 115–232, div. A, title XI, § 1107(d), Aug. 13, 2018, 132 Stat. 2005, provided that: “(1) In general.—The amendments made by this section [enacting this section and section 3318 of this title, amending sections 3319 and 3320 of this title, and repealing this section and section 3318 of this title] shall take effect on the date on which the Director of the Office of Personnel Management issues final regulations to implement sections 3317, 3318, and 3319 of title 5, United States Code, as amended or added by this section. “(2) Regulations required.—The Director shall issue regulations under paragraph (1) not later than one year after the date of enactment of this section [Aug. 13, 2018].[Final rule issued Sept. 8, 2025, eff. Nov. 7, 2025, see 90 F.R. 43135.]”
|
||||
@@ -0,0 +1,85 @@
|
||||
---
|
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|
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title: "5 U.S.C. § 3318"
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|
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|
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|
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|
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3318 - Competitive service; selections using numerical ratings
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— An appointing authority shall select for appointment from the eligibles certified for appointment on a certificate furnished under section 3317(a), unless objection to one or more of the individuals certified is made to, and sustained by, the Director of the Office of Personnel Management or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), for proper and adequate reason under regulations prescribed by the Director.
|
||||
|
||||
(b) Other Appointing Authorities.— (1) In general.— During the 240-day period beginning on the date of issuance of a certificate of eligibles under section 3317(a), an appointing authority other than the appointing authority requesting the certificate (in this subsection referred to as the “other appointing authority”) may select an individual from that certificate in accordance with this subsection for an appointment to a position that is—
|
||||
|
||||
(A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the “original position”); and
|
||||
|
||||
(B) at a similar grade level as the original position.
|
||||
|
||||
(2) Applicability.— An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority.
|
||||
|
||||
(3) Requirements.— The selection of an individual under paragraph (1)—
|
||||
|
||||
(A) shall be made in accordance with subsection (a); and
|
||||
|
||||
(B) subject to paragraph (4), may be made without any additional posting under section 3327.
|
||||
|
||||
(4) Internal notice.— Before selecting an individual under paragraph (1), the other appointing authority shall—
|
||||
|
||||
(A) provide notice of the available position to employees of the other appointing authority;
|
||||
|
||||
(B) provide up to 10 business days for employees of the other appointing authority to apply for the position; and
|
||||
|
||||
(C) review the qualifications of employees submitting an application.
|
||||
|
||||
(c) Pass Over.— (1) In general.— Subject to subparagraph (2), if an appointing authority proposes to pass over a preference eligible certified for appointment under subsection (a) and select an individual who is not a preference eligible, the appointing authority shall file written reasons with the Director or the head of the agency for passing over the preference eligible. The Director or the head of the agency shall make the reasons presented by the appointing authority part of the record of the preference eligible and may require the submission of more detailed information from the appointing authority in support of the passing over of the preference eligible. The Director or the head of the agency shall determine the sufficiency or insufficiency of the reasons submitted by the appointing authority, taking into account any response received from the preference eligible under paragraph (2). When the Director or the head of the agency has completed review of the proposed pass-over of the preference eligible, the Director or the head of the agency shall send its findings to the appointing authority and to the preference eligible. The appointing authority shall comply with the findings.
|
||||
|
||||
(2) Preference eligible individuals who have a compensable service-connected disability.— In the case of a preference eligible described in section 2108(3)(C) who has a compensable service-connected disability of 30 percent or more, the appointing authority shall notify the Director under paragraph (1) and, at the same time, notify the preference eligible of the proposed pass-over, of the reasons for the proposed pass-over, and of the individual’s right to respond to those reasons to the Director within 15 days of the date of the notification. The Director shall, before completing the review under paragraph (1), require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address.
|
||||
|
||||
(3) Further consideration not required.— When a preference eligible, for reasons considered sufficient by the Director, or in the case of a preference eligible described in paragraph (1), by the head of an agency, has been passed over in accordance with this subsection for the same position, the appointing authority is not required to give further consideration to that preference eligible while selecting from the same list for a subsequent appointment to such position.
|
||||
|
||||
(4) Delegation prohibition.— In the case of a preference eligible described in paragraph (2), the functions of the Director under this subsection may not be delegated to an individual who is not an officer or employee of the Office of Personnel Management.
|
||||
|
||||
(d) Special Rule Regarding Reemployment Lists.— When the names of preference eligibles are on a reemployment list appropriate for the position to be filled, an appointing authority may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under subparagraph (C), (D), (E), (F), or (G) of section 2108(3).
|
||||
|
||||
(e) Consideration Not Required.— In accordance with regulations prescribed by the Director, an appointing officer is not required to consider an eligible who has been considered by the appointing officer for three separate appointments from the same or different certificates for the same position.
|
||||
|
||||
(f) Regulations.— The Director shall prescribe regulations for the administration of this section.
|
||||
|
||||
(d) [sic] Definition.— In this section, the term “Director” means the Director of the Office of Personnel Management.
|
||||
|
||||
(Added Pub. L. 115–232, div. A, title XI, § 1107(a), Aug. 13, 2018, 132 Stat. 2003.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3318, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 421; Pub. L. 90–83, § 1(8), Sept. 11, 1967, 81 Stat. 197; Pub. L. 95–454, title III, § 307(d), title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1148, 1224; Pub. L. 114–137, § 2(a), Mar. 18, 2016, 130 Stat. 310, which related to Competitive service; selection from certificates, was repealed by Pub. L. 115–232, div. A, title XI, § 1107(a), (d), Aug. 13, 2018, 132 Stat. 2002, 2005, eff. Nov. 7, 2025.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on the date, not later than one year after Aug. 13, 2018, on which the Director of the Office of Personnel Management issues final regulations for implementation, see section 1107(d) of Pub. L. 115–232, set out as a note under section 3317 of this title.
|
||||
|
||||
RegulationsPub. L. 114–137, § 2(d), Mar. 18, 2016, 130 Stat. 312, required the Director of the Office of Personnel Management to issue an interim final rule regarding additional appointing authorities for competitive service. Final rule issued Sept. 8, 2025, eff. Nov. 7, 2025, see 90 F.R. 43135.
|
||||
@@ -0,0 +1,93 @@
|
||||
---
|
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
section: "3319"
|
||||
citation: "5 U.S.C. § 3319"
|
||||
status: "current"
|
||||
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3319 - Competitive service; selection using category rating
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office, in exercising its authority under section 3304, or an agency to which the Office has delegated examining authority under section 1104(a)(2), may establish category rating systems for evaluating applicants for positions in the competitive service, under 2 or more quality categories based on merit consistent with regulations prescribed by the Office of Personnel Management, rather than assigned individual numerical ratings.
|
||||
|
||||
(b) Within each quality category established under subsection (a), preference-eligibles shall be listed ahead of individuals who are not preference eligibles. For other than scientific and professional positions at GS–9 of the General Schedule (equivalent or higher), qualified preference-eligibles who have a compensable service-connected disability of 10 percent or more shall be listed in the highest quality category.
|
||||
|
||||
(c) Selection.— (1) In general.— An appointing official may select any applicant in the highest quality category or, if fewer than 3 candidates have been assigned to the highest quality category, in a merged category consisting of the highest and the second highest quality categories.
|
||||
|
||||
(2) Use by other appointing officials.— Under regulations prescribed by the Office of Personnel Management, appointing officials other than the appointing official described in paragraph (1) (in this subsection referred to as the “other appointing official”) may select an applicant for an appointment to a position that is—
|
||||
|
||||
(A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the “original position”); and
|
||||
|
||||
(B) at a similar grade level as the original position.
|
||||
|
||||
(3) Applicability.— An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority.
|
||||
|
||||
(4) Requirements.— The selection of an individual under paragraph (2)—
|
||||
|
||||
(A) shall be made in accordance with this subsection; and
|
||||
|
||||
(B) subject to paragraph (5), may be made without any additional posting under section 3327.
|
||||
|
||||
(5) Internal notice.— Before selecting an individual under paragraph (2), and subject to the requirements of any collective bargaining obligation of the other appointing authority (within the meaning given that term in section 3318(b)(1)), the other appointing official shall—
|
||||
|
||||
(A) provide notice of the available position to employees of the appointing authority employing the other appointing official;
|
||||
|
||||
(B) provide up to 10 business days for employees of the other appointing authority to apply for the position; and
|
||||
|
||||
(C) review the qualifications of employees submitting an application.
|
||||
|
||||
(6) Preference eligibles.— (A) Satisfaction of certain requirements.— Notwithstanding paragraphs (1) and (2), an appointing official may not pass over a preference eligible in the same category from which selection is made, unless the requirements of sections 3317(b) and 3318(c), as applicable, are satisfied.
|
||||
|
||||
(B) Further consideration not required.— When a preference eligible, for reasons considered sufficient by the Director, or in the case of a preference eligible described in section 3318(c)(1), by the head of an agency, has been passed over in accordance with section 3318(c) for the same position, the appointing authority is not required to give further consideration to that preference eligible while selecting from the same list for a subsequent appointment to such position.
|
||||
|
||||
(C) List of eligibles issued from a standing register; discontinuation of certification.— In the case of lists of eligibles issued from a standing register, when an appointing authority, for reasons considered sufficient by the Director or the head of an agency, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of discontinuance of certification in accordance with regulations prescribed by the Director.
|
||||
|
||||
(d) Each agency that establishes a category rating system under this section shall submit in each of the 3 years following that establishment, a report to Congress on that system including information on—
|
||||
|
||||
(1) the number of employees hired under that system;
|
||||
|
||||
(2) the impact that system has had on the hiring of veterans and minorities, including those who are American Indian or Alaska Natives, Asian, Black or African American, and native Hawaiian or other Pacific Islanders; and
|
||||
|
||||
(3) the way in which managers were trained in the administration of that system.
|
||||
|
||||
(e) The Office of Personnel Management may prescribe such regulations as it considers necessary to carry out the provisions of this section.
|
||||
|
||||
(Added Pub. L. 107–296, title XIII, § 1312(a)(2), Nov. 25, 2002, 116 Stat. 2290; amended Pub. L. 114–137, § 2(b), Mar. 18, 2016, 130 Stat. 311; Pub. L. 115–232, div. A, title XI, § 1107(b)(1), Aug. 13, 2018, 132 Stat. 2005.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe General Schedule, referred to in subsec. (b), is set out under section 5332 of this title.
|
||||
|
||||
Prior ProvisionsA prior section 3319, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 421, related to prohibitions on employment of members of same family in the competitive service, prior to repeal by Pub. L. 95–454, title III, § 307(h)(1), title IX, § 907, Oct. 13, 1978, 92 Stat. 1149, 1227, effective 90 days after Oct. 13, 1978.
|
||||
|
||||
Amendments2018—Pub. L. 115–232, § 1107(b)(1)(A), substituted “Competitive service; selection using category rating” for “Alternative ranking and selection procedures” in section catchline. Subsec. (c)(6). Pub. L. 115–232, § 1107(b)(1)(B), redesignated par. (7) as (6) and amended it generally. Prior to amendment, text read as follows: “Notwithstanding paragraphs (1) and (2), an appointing official may not pass over a preference eligible in the same category from which selection is made, unless the requirements of section 3317(b) and 3318(c), as applicable, are satisfied.” Pub. L. 115–232, § 1107(b)(1)(B), struck out par. (6). Text read as follows: “Nothing in this subsection limits any collective bargaining obligation of an agency under chapter 71.” Subsec. (c)(7). Pub. L. 115–232, § 1107(b)(1)(B), redesignated par. (7) as (6). 2016—Subsec. (c). Pub. L. 114–137 added subsec. (c) and struck out former subsec. (c) which read as follows: “(1) An appointing official may select any applicant in the highest quality category or, if fewer than 3 candidates have been assigned to the highest quality category, in a merged category consisting of the highest and the second highest quality categories. “(2) Notwithstanding paragraph (1), the appointing official may not pass over a preference-eligible in the same category from which selection is made, unless the requirements of section 3317(b) or 3318(b), as applicable, are satisfied.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective on the date, not later than one year after Aug. 13, 2018, on which the Director of the Office of Personnel Management issues final regulations for implementation, see section 1107(d) of Pub. L. 115–232, set out as an Effective Date note under section 3317 of this title.
|
||||
|
||||
Effective DateSection effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as a note under section 101 of Title 6, Domestic Security.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
source_hash: "c810cf36f7ae0e978ee3dcd06f9dc749c86a554afcbeb38a265df46d772253be"
|
||||
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|
||||
text_hash: "749d1363c1478e35da34374bc24563d6119aa96492041f494a7639a2ca2d24f6"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3320 - Excepted service; government of the District of Columbia; selection
|
||||
|
||||
## Text
|
||||
|
||||
The nominating or appointing authority shall select for appointment to each vacancy in the excepted service in the executive branch and in the government of the District of Columbia from the qualified applicants in the same manner and under the same conditions required for the competitive service by sections 3308 through 3319 of this title. This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 422; Pub. L. 115–232, div. A, title XI, § 1107(b)(2), Aug. 13, 2018, 132 Stat. 2005.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 858.June 27, 1944, ch. 287, § 9, 58 Stat. 389. 5 U.S.C. 869.June 27, 1944, ch. 287, § 20, 58 Stat. 391. Former sections 858 and 869 are combined and restated for clarity and to conform to section 3318(a). The word “authority” is substituted for “officer” in recognition of the several appointing authorities named in section 2105(a)(1). The words “shall select for appointment to each vacancy in the expected service in the executive branch and in the government of the District of Columbia from the qualified applicants in the same manner and under the same conditions required for the competitive service by sections 3308–3318 of this title” are substituted for “In the unclassified Federal, and District of Columbia, civil service, and in all other positions and employment hereinbefore referred to in (c) of section 851 of this title . . . shall make selection from the qualified applicants in accordance with the provisions of this chapter”. The reference to the excepted service “in the executive branch” is substituted for the exception of the legislative and judicial branches in former section 869. Former section 869 did not prohibit the application of those provisions of the Act of June 27, 1944, which relate to the competitive service in the legislative or judicial branch by reason of the specific provisions of section 311 of the Act of June 10, 1921, as amended (31 U.S.C. 52); 28 U.S.C. 602; and Executive Order No. 67 of June 13, 1895. The reference to appointments of postmasters is omitted from this section since those referred to are in the competitive service. The application of former section 869 to the remainder of the Act of June 27, 1944, is covered by the sections into which the remainder is carried (see Table I). This section merely continues, and does not in any way change, the requirements in former section 858 relative to the selection of applicants for positions in the excepted service. Under this section, the Federal Bureau of Investigation and other agencies having positions in the excepted service will continue to fill those positions in the same manner that they have been filled under former section 858. Such excepted appointments are appointments authorized to be made without regard to the statutes, rules, and regulations governing appointments in the competitive service and this is not changed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Pub. L. 115–232 substituted “sections 3308 through 3319” for “sections 3308–3318”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective on the date on which the Director of the Office of Personnel Management issues final regulations for implementation, with such regulations due not later than one year after Aug. 13, 2018, see section 1107(d) of Pub. L. 115–232, set out as an Effective Date of Repeal note under section 3317 of this title.
|
||||
|
||||
Assistance of United States Civil Service Commission in Developing Merit System for District of ColumbiaPub. L. 93–198, title VII, § 734, Dec. 24, 1973, 87 Stat. 823, authorized the United States Civil Service Commission to advise and assist the District of Columbia Mayor and Council in the further development of the merit system or systems required by the District of Columbia charter, which was approved on May 7, 1974, and authorized the Commission to enter into agreements with the District government to make available its registers of eligibles as a recruiting source to fill District positions as needed, with the costs of any specific services furnished by the Civil Service Commission to be compensated for under the provisions of section 685a of former Title 31, Money and Finance [31 U.S.C. 1537].
|
||||
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|
||||
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|
||||
type: "LegalText"
|
||||
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|
||||
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|
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3321 - Competitive service; probationary period
|
||||
|
||||
## Text
|
||||
|
||||
(a) The President may take such action, including the issuance of rules, regulations, and directives, as shall provide as nearly as conditions of good administration warrant for a period of probation—
|
||||
|
||||
(1) before an appointment in the competitive service becomes final; and
|
||||
|
||||
(2) before initial appointment as a supervisor or manager becomes final.
|
||||
|
||||
(b) An individual—
|
||||
|
||||
(1) who has been transferred, assigned, or promoted from a position to a supervisory or managerial position, and
|
||||
|
||||
(2) who does not satisfactorily complete the probationary period under subsection (a)(2) of this section,
|
||||
|
||||
shall be returned to a position of no lower grade and pay than the position from which the individual was transferred, assigned, or promoted. Nothing in this section prohibits an agency from taking an action against an individual serving a probationary period under subsection (a)(2) of this section for cause unrelated to supervisory or managerial performance.
|
||||
|
||||
(c) Subsections (a) and (b) of this section shall not apply with respect to appointments in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 422; Pub. L. 95–454, title III, § 303(a), Oct. 13, 1978, 92 Stat. 1146; Pub. L. 100–325, § 2(d), May 30, 1988, 102 Stat. 581; Pub. L. 114–92, div. A, title XI, § 1105(c)(1), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 117–81, div. A, title XI, § 1106(b)(2)(A), Dec. 27, 2021, 135 Stat. 1950.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 633(2)4.Jan. 16, 1883, ch. 27. § 2(2)4, 22 Stat. 404. The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302. Wording is changed because in practice an appointment is not made after probation. The words “or employment” are omitted as included within “appointment”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Subsec. (c). Pub. L. 117–81 struck out “, or any individual covered by section 1599e of title 10” before period at end. 2015—Subsec. (c). Pub. L. 114–92 inserted “, or any individual covered by section 1599e of title 10” before period at end. 1988—Subsec. (c). Pub. L. 100–325 inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. 1978—Pub. L. 95–454 substituted “probationary period” for “probation; period of” in section catchline, designated existing provisions as subsec. (a), substituted provisions authorizing the President to take necessary action, for provisions authorizing the President to prescribe rules, and added subsecs. (b) and (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applied as if effective Dec. 31, 2022, to correspond to the effective date of the repeal of section 1599e of Title 10, Armed Forces, to reflect the probable intent of Congress. See Effective Date of Repeal note under section 1599e of Title 10.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
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|
||||
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|
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|
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|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3322 - Voluntary separation before resolution of personnel investigation
|
||||
|
||||
## Text
|
||||
|
||||
(a) With respect to any employee occupying a position in the competitive service or the excepted service who is the subject of a personnel investigation and resigns from Government employment prior to the resolution of such investigation, the head of the agency from which such employee so resigns shall, if an adverse finding was made with respect to such employee pursuant to such investigation, make a permanent notation in the employee’s official personnel record file. The head shall make such notation not later than 40 days after the date of the resolution of such investigation.
|
||||
|
||||
(b) Prior to making a permanent notation in an employee’s official personnel record file under subsection (a), the head of the agency shall—
|
||||
|
||||
(1) notify the employee in writing within 5 days of the resolution of the investigation and provide such employee a copy of the adverse finding and any supporting documentation;
|
||||
|
||||
(2) provide the employee with a reasonable time, but not less than 30 days, to respond in writing and to furnish affidavits and other documentary evidence to show why the adverse finding was unfounded (a summary of which shall be included in any notation made to the employee’s personnel file under subsection (d)); and
|
||||
|
||||
(3) provide a written decision and the specific reasons therefore to the employee at the earliest practicable date.
|
||||
|
||||
(c) An employee is entitled to appeal the decision of the head of the agency to make a permanent notation under subsection (a) to the Merit Systems Protection Board under section 7701.
|
||||
|
||||
(d) (1) If an employee files an appeal with the Merit Systems Protection Board pursuant to subsection (c), the agency head shall make a notation in the employee’s official personnel record file indicating that an appeal disputing the notation is pending not later than 2 weeks after the date on which such appeal was filed.
|
||||
|
||||
(2) If the head of the agency is the prevailing party on appeal, not later than 2 weeks after the date that the Board issues the appeal decision, the head of the agency shall remove the notation made under paragraph (1) from the employee’s official personnel record file.
|
||||
|
||||
(3) If the employee is the prevailing party on appeal, not later than 2 weeks after the date that the Board issues the appeal decision, the head of the agency shall remove the notation made under paragraph (1) and the notation of an adverse finding made under subsection (a) from the employee’s official personnel record file.
|
||||
|
||||
(e) In this section, the term “personnel investigation” includes—
|
||||
|
||||
(1) an investigation by an Inspector General; and
|
||||
|
||||
(2) an adverse personnel action as a result of performance, misconduct, or for such cause as will promote the efficiency of the service under chapter 43 or chapter 75.
|
||||
|
||||
(Added Pub. L. 114–328, div. A, title XI, § 1140(a), Dec. 23, 2016, 130 Stat. 2470.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3322, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 422, related to temporary appointments after age 70 in the competitive service, prior to repeal by Pub. L. 95–256, § 5(b)(1), Apr. 6, 1978, 92 Stat. 191, effective Sept. 30, 1978.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 114–328, div. A, title XI, § 1140(b), Dec. 23, 2016, 130 Stat. 2471, provided that: “The amendment made by subsection (a) [enacting this section] shall apply to any employee described in section 3322 of title 5, United States Code, (as added by such subsection) who leaves the service after the date of enactment of this Act [Dec. 23, 2016].”
|
||||
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|
||||
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3323 - Automatic separations; reappointment; reemployment of annuitants
|
||||
|
||||
## Text
|
||||
|
||||
(a) An individual who reaches the retirement age prescribed for automatic separation applicable to him may not be continued in the civil service or in the government of the District of Columbia. An individual separated on account of age under a statute or regulation providing for retirement on account of age is not eligible for appointment in the civil service or in the government of the District of Columbia. The President, when in his judgment the public interest so requires, may except an individual from this subsection by Executive order. This subsection does not apply to an individual named by a statute providing for the continuance of the individual in the civil service or in the government of the District of Columbia.
|
||||
|
||||
(b) (1) Notwithstanding other statutes, an annuitant, as defined by section 8331 or 8401, receiving annuity from the Civil Service Retirement and Disability Fund is not barred by reason of his retired status from employment in an appointive position for which the annuitant is qualified. An annuitant so reemployed, other than an annuitant reappointed under paragraph (2) of this subsection, serves at the will of the appointing authority.
|
||||
|
||||
(2) Subject to such regulations as the Director of the Office of Personnel Management may prescribe, any annuitant to whom the first sentence of paragraph (1) of this subsection applies and who has served as an administrative law judge pursuant to an appointment under section 3105 of this title may be reappointed an administrative law judge under such section for a specified period or for such period as may be necessary for such administrative law judge to conduct and complete the hearing and disposition of one or more specified cases. The provisions of this title that apply to or with respect to administrative law judges appointed under section 3105 of this title shall apply to or with respect to administrative law judges reappointed under such section pursuant to the first sentence of this paragraph.
|
||||
|
||||
(c) Notwithstanding subsection (a) of this section, a member of the Foreign Service retired under section 812 of the Foreign Service Act of 1980 is not barred by reason of his retired status from employment in a position in the civil service for which he is qualified. An annuitant so reemployed serves at the will of the appointing authority.
|
||||
|
||||
(d) Notwithstanding subsection (a) of this section, the Chief of Engineers of the Army, under section 569a of title 33, may employ a retired employee whose expert assistance is needed in connection with river and harbor or flood control works. There shall be deducted from the pay of an employee so reemployed an amount equal to the annuity or retired pay allocable to the period of actual employment.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 422; Pub. L. 96–465, title II, § 2314(a), Oct. 17, 1980, 94 Stat. 2167; Pub. L. 98–224, § 2, Mar. 2, 1984, 98 Stat. 47; Pub. L. 102–378, § 2(10), Oct. 2, 1992, 106 Stat. 1347.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 715a.June 30, 1932, ch. 314, § 204, 47 Stat. 404. (b)5 U.S.C. 2263(a).July 31, 1956, ch. 804, § 401 “Sec. 13(a)”, 70 Stat. 757. (c)22 U.S.C. 915(c).Sept. 8, 1960, Pub. L. 86–723, § 10(d), 74 Stat. 832. (d)33 U.S.C. 544a, 701l.June 20, 1938, ch. 535, § 5, 52 Stat. 805. In subsection (a), the words “On and after July 1, 1932” are omitted as executed. The words “heretofore or hereafter” are omitted as unnecessary. The words “in the civil service” are substituted for “civilian service in any branch or service of the United States Government” and “to any appointive office, position, or employment under the United States” in view of the definition of “civil service” in section 2101. In subsection (b), the words “receiving annuity from the Civil Service Retirement and Disability Fund” are substituted for “heretofore or hereafter retired under this chapter”. The word “authority” is substituted for “officer” in recognition of the several appointing authorities named in section 2105(a)(1). In subsection (c), the words “Notwithstanding subsection (a) of this section” are substituted for “Notwithstanding the provisions of sections 62 and 715a of title 5” to reflect the codification of former section 715a in subsection (a) of this section and in view of the repeal of section 62 of title 5 by § 402(a)(7) of the Act of Aug. 19, 1964, Pub. L. 88–448, 78 Stat. 492. The words “heretofore or hereafter” and “hereafter” are omitted as unnecessary. The words “in a position in the civil service” are substituted for “in Federal Government service in any appointive position” in view of the definition of “civil service” in section 2101. The word “authority” is substituted for “officer” in recognition of the several appointing authorities named in section 2105(a)(1). In subsection (d), the words “Notwithstanding subsection (a) of this section” are substituted for “The provisions of section 715a of title 5 shall not be so construed as to prevent” to reflect the codification of former section 715a in subsection (a) of this section, and to conform to the style of this section. The words “under section 569a of title 33” are substituted for “under agreement as authorized by sections 569a, 584a and 607a of title 33” on authority of the provision contained in section 569a of title 33. The word “employee” is coextensive with and substituted for “civilian employee” in view of the definition of “employee” in section 2105. The last sentence is restated for clarity. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 812 of the Foreign Service Act of 1980, referred to in subsec. (c), is classified to section 4052 of Title 22, Foreign Relations and Intercourse.
|
||||
|
||||
Amendments1992—Subsec. (b)(1). Pub. L. 102–378 substituted “annuitant, as defined by section 8331 or 8401,” for “annuitant as defined by section 8331 of this title”. 1984—Subsec. (b). Pub. L. 98–224 designated existing provisions as par. (1), substituted “the annuitant” for “he” and inserted “, other than an annuitant reappointed under paragraph (2) of this subsection,”, and added par. (2). 1980—Subsec. (c). Pub. L. 96–465 substituted “member of the Foreign Service retired under section 812 of the Foreign Service Act of 1980” for “Foreign Service officer retired under section 1001 or 1002 of title 22 or a Foreign Service staff officer or employee retired under section 1063 of title 22”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.
|
||||
@@ -0,0 +1,75 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3324 - Appointments to positions classified above GS–15
|
||||
|
||||
## Text
|
||||
|
||||
(a) An appointment to a position classified above GS–15 pursuant to section 5108 may be made only on approval of the qualifications of the proposed appointee by the Director of the Office of Personnel Management on the basis of qualification standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director. This section does not apply to a position—
|
||||
|
||||
(1) to which appointment is made by the Chief Judge of the United States Tax Court;
|
||||
|
||||
(2) to which appointment is made by the President;
|
||||
|
||||
(3) to which appointment is made by the Librarian of Congress; or
|
||||
|
||||
(4) the incumbent of which is paid from—
|
||||
|
||||
(A) appropriations for the Executive Office of the President under the heading “The White House Office”, “Special Projects”, “Council of Economic Advisers”, or “National Security Council”; or
|
||||
|
||||
(B) funds appropriated to the President under the heading “Emergency Fund for the President” by the Treasury, Post Office, and Executive Office Appropriation Act, 1966, or a later statute making appropriations for the same purpose.
|
||||
|
||||
(b) The Office may prescribe regulations necessary for the administration of this section.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 422; Pub. L. 90–83, § 1(10), Sept. 11, 1967, 81 Stat. 197; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(17), Aug. 14, 1979, 93 Stat. 382; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(C)(i), (ii)], Nov. 5, 1990, 104 Stat. 1427, 1441; Pub. L. 102–378, § 2(11), Oct. 2, 1992, 106 Stat. 1347; Pub. L. 110–372, § 2(c)(2), Oct. 8, 2008, 122 Stat. 4044.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1105(i).June 20, 1958, Pub. L. 85–462, § 10 “(i)”, 72 Stat. 213.Sept. 13, 1960, Pub. L. 86–768, 74 Stat. 910. In subsection (a), the words “in GS–16, 17, and 18” are substituted for “in grades 16, 17, and 18 of the General Schedule”. In subsection (a)(2), the words “by the President” are coextensive with and substituted for “by the President alone or by the President by and with the advice and consent of the Senate”. In subsection (a)(4)(A), the words “Office of Emergency Planning” are substituted for “Office of Defense Mobilization” on authority of 1958 Reorg. Plan No. 1, § 2(a), effective July 1, 1958, 72 Stat. 1799, as amended Aug. 26, 1958, Pub. L. 85–763, 72 Stat. 861, and Sept. 22, 1961, Pub. L. 87–296, 75 Stat. 630. Reference to “President’s Advisory Committee on Government Organization” is omitted since the Committee was abolished by Executive Order No. 10917, February 10, 1961. In subsection (a)(4)(B), the words “ ‘Emergency Fund for the President’ by the Treasury, Post Office, and Executive Office Appropriation Act, 1966” are substituted for “ ‘Emergency Fund for the President, National Defense’ by the General Government Matters Appropriation Act, 1959” to reflect the heading and title of the current appropriation Act. Subsection (b) is added on authority of former sections 1072 and 1072a, which are carried into section 5115. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
1967 ActThis section amends 5 U.S.C. 3324(a)(4)(A) to correct typographical errors.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Treasury, Post Office, and Executive Office Appropriation Act, 1966, referred to in subsec. (a)(4)(B), is Pub. L. 89–57, June 30, 1965, 79 Stat. 196. For classification of this Act to the Code, see Tables.
|
||||
|
||||
Amendments2008—Subsec. (a). Pub. L. 110–372 substituted “the Director of the Office of Personnel Management on the basis of qualification standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director” for “the Office of Personnel Management” in introductory provisions. 1992—Pub. L. 102–378, § 2(11)(A), substituted “GS–15” for “GA–15” in section catchline. Subsec. (a)(1). Pub. L. 102–378, § 2(11)(B), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “provided for in section 5108(c)(2) of this title;”. 1990—Pub. L. 101–509, § 529 [title I, § 101(b)(9)(C)(ii)], which directed that “to positions classified above GA–15” be substituted for “at GS–16, 17, or 18” in section catchline, was executed by making the substitution for “at GS–16, 17, and 18”, as the probable intent of Congress. Subsec. (a). Pub. L. 101–509, § 529 [title I, § 101(b)(9)(C)(i)], substituted “classified above GS–15 pursuant to section 5108” for “in GS–16, 17, or 18”. 1979—Subsec. (a)(4)(A). Pub. L. 96–54 struck out reference to Office of Emergency Planning. 1978—Subsecs. (a), (b). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2008 AmendmentAmendment by Pub. L. 110–372 effective on the first day of the first pay period beginning on or after the 180th day following Oct. 8, 2008, see section 2(d) of Pub. L. 110–372, set out as a note under section 5376 of this title.
|
||||
|
||||
Effective Date of 1992 AmendmentAmendment by Pub. L. 102–378 effective May 4, 1991, see section 9(b)(4) of Pub. L. 102–378, set out as a note under section 6303 of this title.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
|
||||
Effective Date of 1979 AmendmentAmendment 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 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1967 AmendmentAmendment by Pub. L. 90–83 effective as of Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3325"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3325"
|
||||
citation: "5 U.S.C. § 3325"
|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3325 - Appointments to scientific and professional positions
|
||||
|
||||
## Text
|
||||
|
||||
(a) Positions established under section 3104 of this title are in the competitive service. However, appointments to the positions are made without competitive examination on approval of the qualifications of the proposed appointee by the Office of Personnel Management on the basis of standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director of the Office of Personnel Management.
|
||||
|
||||
(b) This section does not apply to positions established under section 3104(c).
|
||||
|
||||
(c) The Director of the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out the purpose of this section.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 423; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 102–378, § 2(12), Oct. 2, 1992, 106 Stat. 1347; Pub. L. 110–372, § 2(c)(3), Oct. 8, 2008, 122 Stat. 4044.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 1162(a).Oct. 4, 1961, Pub. L. 87–367, § 202 “Sec. 2(a)”, 75 Stat. 790. (b)5 U.S.C. 1161(g) (2d sentence).Oct. 11, 1962, Pub. L. 87–793, § 1001(a)(2) “(g) (2d sentence)”, 76 Stat. 863. In subsection (a), the words “or its designee” are substituted for “or such officers or agents as the Commission may designate”. For repeal of the Act of Aug. 1, 1947, ch. 433, 61 Stat. 715, as amended, see revision note for section 3104. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2008—Subsec. (a). Pub. L. 110–372, § 2(c)(3)(A), substituted “on the basis of standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director of the Office of Personnel Management” for “or its designee for this purpose”. Subsec. (c). Pub. L. 110–372, § 2(c)(3)(B), added subsec. (c). 1992—Subsec. (b). Pub. L. 102–378 substituted “section 3104(c)” for “section 3104(a)(7) of this title”. 1978—Subsec. (a). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2008 AmendmentAmendment by Pub. L. 110–372 effective on the first day of the first pay period beginning on or after the 180th day following Oct. 8, 2008, see section 2(d) of Pub. L. 110–372, set out as a note under section 5376 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,67 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3326"
|
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|
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|
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 3326"
|
||||
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|
||||
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|
||||
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|
||||
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3326 - Appointments of retired members of the armed forces to positions in the Department of Defense
|
||||
|
||||
## Text
|
||||
|
||||
(a) For the purpose of this section, “member” and “Secretary concerned” have the meanings given them by section 101 of title 37.
|
||||
|
||||
(b) A retired member of the armed forces may be appointed to a position in the civil service in or under the Department of Defense (including a nonappropriated fund instrumentality under the jurisdiction of the armed forces) during the period of 180 days immediately after his retirement only if—
|
||||
|
||||
(1) the proposed appointment is authorized by the Secretary concerned or his designee for the purpose, and, if the position is in the competitive service, after approval by the Office of Personnel Management; or
|
||||
|
||||
(2) the minimum rate of basic pay for the position has been increased under section 5305 of this title.
|
||||
|
||||
(c) A request by appropriate authority for the authorization, or the authorization and approval, as the case may be, required by subsection (b)(1) of this section shall be accompanied by a statement which shows the actions taken to assure that—
|
||||
|
||||
(1) full consideration, in accordance with placement and promotion procedures of the department concerned, was given to eligible career employees;
|
||||
|
||||
(2) when selection is by other than certification from an established civil service register, the vacancy has been publicized to give interested candidates an opportunity to apply;
|
||||
|
||||
(3) qualification requirements for the position have not been written in a manner designed to give advantage to the retired member; and
|
||||
|
||||
(4) the position has not been held open pending the retirement of the retired member.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 423; Pub. L. 96–54, § 2(a)(14), Aug. 14, 1979, 93 Stat. 382; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(3)(A)], Nov. 5, 1990, 104 Stat. 1427, 1439; Pub. L. 114–328, div. A, title XI, § 1111, Dec. 23, 2016, 130 Stat. 2450.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 3101 (as applicable to 5 U.S.C. 3103).Aug. 19, 1964, Pub. L. 88–448, § 101 (as applicable to § 204), 78 Stat. 484. (b), (c)5 U.S.C. 3103.Aug. 19, 1964, Pub. L. 88–448, § 204, 78 Stat. 487. In subsection (a), the definition of “armed forces” is omitted as unnecessary in view of the definition in section 2101. In subsection (b), the words “position in the civil service” are substituted for “civilian office” in view of the definition of “civil service” in section 2101. The words “(including a nonappropriated fund instrumentality under the jurisdiction of the armed forces)” are added on authority of former section 3101(3). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (b)(3). Pub. L. 114–328 struck out par. (3) which read as follows: “a state of national emergency exists.” 1990—Subsec. (b)(2). Pub. L. 101–509 substituted “5305” for “5303”. 1979—Subsec. (b)(1). Pub. L. 96–54 substituted “Office of Personnel Management” for “Civil Service Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Suspension of SectionPub. L. 101–510, div. A, title XII, § 1206(f), Nov. 5, 1990, 104 Stat. 1661, provided that: “Section 3326 of title 5, United States Code, shall not be in effect for the period beginning on the date of the enactment of this Act [Nov. 5, 1990] and ending two years after such date.”
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
|
||||
Effective Date of 1979 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
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|
||||
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|
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|
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|
||||
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|
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|
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3327"
|
||||
citation: "5 U.S.C. § 3327"
|
||||
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|
||||
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|
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||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3327 - Civil service employment information
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office of Personnel Management shall provide that information concerning opportunities to participate in competitive examinations conducted by, or under authority delegated by, the Office of Personnel Management shall be made available to the employment offices of the United States Employment Service.
|
||||
|
||||
(b) Subject to such regulations as the Office may issue, each agency shall promptly notify the Office and the employment offices of the United States Employment Service of—
|
||||
|
||||
(1) each vacant position in the agency which is in the competitive service or the Senior Executive Service and for which the agency seeks applications from persons outside the Federal service, and
|
||||
|
||||
(2) the period during which applications will be accepted.
|
||||
|
||||
As used in this subsection, “agency” means an agency as defined in section 5102(a)(1) of this title other than an agency all the positions in which are excepted by statute from the competitive service.
|
||||
|
||||
(c) The Office of Personnel Management may authorize the Department of Defense to use flexible outreach methods, including curated prospect sourcing, provided that all hiring opportunities remain publicly accessible and merit-based.
|
||||
|
||||
(Added Pub. L. 95–454, title III, § 309(a), Oct. 13, 1978, 92 Stat. 1151; amended Pub. L. 119–60, div. A, title XI, § 1110(b), Dec. 18, 2025, 139 Stat. 1075.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3327, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424, which prescribed standards for determination of qualifications of postmasters, including experience in postal field service, seniority, length of service, level of difficulty and responsibility of work, attendance, awards and commendations, and performance rating, was repealed by Pub. L. 91–375, § 6(c)(7)(A), Aug. 12, 1970, 84 Stat. 776. See section 1001 of Title 39, Postal Service.
|
||||
|
||||
Amendments2025—Subsec. (c). Pub. L. 119–60 added subsec. (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
section: "3328"
|
||||
citation: "5 U.S.C. § 3328"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3328 - Selective Service registration
|
||||
|
||||
## Text
|
||||
|
||||
(a) An individual—
|
||||
|
||||
(1) who was born after December 31, 1959, and is or was required to register under section 3 of the Military Selective Service Act (50 U.S.C. 3802) and
|
||||
|
||||
(2) who is not so registered or knowingly and willfully did not so register before the requirement terminated or became inapplicable to the individual,
|
||||
|
||||
shall be ineligible for appointment to a position in an Executive agency.
|
||||
|
||||
(b) Subsection (a) shall not apply to an individual—
|
||||
|
||||
(1) who is a veteran;
|
||||
|
||||
(2) who provides evidence of active duty service to the Executive agency in which the individual seeks an appointment; and
|
||||
|
||||
(3) for whom the requirement to register under section 3 of the Military Selective Service Act (50 U.S.C. 3802) has terminated or is now inapplicable due to age.
|
||||
|
||||
(c) The Office of Personnel Management, in consultation with the Director of the Selective Service System, shall prescribe regulations to carry out this section. Such regulations shall include provisions prescribing procedures for the adjudication of determinations of whether a failure to register was knowing and willful. Such procedures shall require that such a determination may not be made if the individual concerned shows by a preponderance of the evidence that the failure to register was neither knowing nor willful. Such procedures may provide that determinations of eligibility under the requirements of this section shall be adjudicated by the Executive agency making the appointment for which the eligibility is determined.
|
||||
|
||||
(d) In this section, the terms “active duty” and “veteran” have the meaning given those terms in section 101 of title 38.
|
||||
|
||||
(Added Pub. L. 99–145, title XVI, § 1622(a)(1), Nov. 8, 1985, 99 Stat. 777; amended Pub. L. 100–180, div. A, title XII, § 1249, Dec. 4, 1987, 101 Stat. 1167; Pub. L. 118–159, div. A, title XI, § 1108, Dec. 23, 2024, 138 Stat. 2089.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2024—Subsec. (a)(1). Pub. L. 118–159, § 1108(1), substituted “(50 U.S.C. 3802)” for “(50 U.S.C. App. 453)”. Subsecs. (b), (c). Pub. L. 118–159, § 1108(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c). Subsec. (d). Pub. L. 118–159, § 1108(4), added subsec. (d). 1987—Subsec. (b). Pub. L. 100–180 struck out “within the Office” after “for the adjudication” in second sentence and inserted at end “Such procedures may provide that determinations of eligibility under the requirements of this section shall be adjudicated by the Executive agency making the appointment for which the eligibility is determined.”
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3329"
|
||||
description: "Appointments of military reserve technicians to positions in the competitive service"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3329"
|
||||
citation: "5 U.S.C. § 3329"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3329 - Appointments of military reserve technicians to positions in the competitive service
|
||||
|
||||
## Text
|
||||
|
||||
(a) For the purpose of this section, the term “military reserve technician” has the meaning given the term “military technician (dual status)” by section 8401(30).
|
||||
|
||||
(b) The Secretary of Defense shall take such steps as may be necessary to ensure that, except as provided in subsection (d), any military reserve technician who is involuntarily separated from technician service, after completing at least 15 years of such service and 20 years of service creditable under section 12732 of title 10, by reason of ceasing to satisfy the condition described in section 8401(30)(B) 11 See References in Text note below. shall, if appropriate written application is submitted within 1 year after the date of separation, be provided placement consideration in a position described in subsection (c) through a priority placement program of the Department of Defense.
|
||||
|
||||
(c) (1) The position for which placement consideration shall be provided to a former military technician under subsection (b) shall be a position—
|
||||
|
||||
(A) in either the competitive service or the excepted service;
|
||||
|
||||
(B) within the Department of Defense; and
|
||||
|
||||
(C) in which the person is qualified to serve, taking into consideration whether the employee in that position is required to be a member of a reserve component of the armed forces as a condition of employment.
|
||||
|
||||
(2) To the maximum extent practicable, the position shall also be in a pay grade or other pay classification sufficient to ensure that the rate of basic pay of the former military technician, upon appointment to the position, is not less than the rate of basic pay last received by the former military technician for technician service before separation.
|
||||
|
||||
(d) This section shall not apply in the case of—
|
||||
|
||||
(1) an involuntary separation for cause on charges of misconduct or delinquency; or
|
||||
|
||||
(2) a technician who, as of the date of application under this section, is eligible for immediate (including for disability) or early retirement under subchapter III of chapter 83 or under chapter 84.
|
||||
|
||||
(e) The Secretary of Defense shall, in consultation with the Director of the Office of Personnel Management, prescribe such regulations as may be necessary to carry out this section.
|
||||
|
||||
(Added Pub. L. 102–484, div. A, title V, § 544(a), Oct. 23, 1992, 106 Stat. 2415; amended Pub. L. 104–106, div. A, title X, § 1037(a), Feb. 10, 1996, 110 Stat. 431; Pub. L. 105–85, div. A, title XI, § 1103, Nov. 18, 1997, 111 Stat. 1923; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(f)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 8401(30) of this title, referred to in subsecs. (a) and (b), was amended generally by Pub. L. 106–65, div. A, title V, § 522(c)(2), Oct. 5, 1999, 113 Stat. 597, and, as so amended, no longer contains a subpar. (B).
|
||||
|
||||
Codification Another section 3329 was renumbered section 3330 of this title.
|
||||
|
||||
Amendments2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(f)(1)(A)], substituted “the term ‘military technician (dual status)’ ” for “such term”. Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(f)(1)(B)], substituted “section 12732 of title 10” for “section 1332 of title 10”. 1997—Subsec. (b). Pub. L. 105–85 struck out “a position described in subsection (c) not later than 6 months after the date of the application” after “program of the Department of Defense”. 1996—Subsec. (b). Pub. L. 104–106, § 1037(a)(1), substituted “be provided placement consideration in a position described in subsection (c) through a priority placement program of the Department of Defense” for “be offered”. Subsec. (c). Pub. L. 104–106, § 1037(a)(2), added subsec. (c) and struck out former subsec. (c) which read as follows: “The position to be offered shall be a position— “(1) in the competitive service; “(2) within the Department of Defense; “(3) for which the individual is qualified; and “(4) the rate of basic pay for which is not less than the rate last received for technician service before separation.”
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3330"
|
||||
description: "Government-wide list of vacant positions"
|
||||
jurisdiction: "us"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3330"
|
||||
citation: "5 U.S.C. § 3330"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3330"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3330 - Government-wide list of vacant positions
|
||||
|
||||
## Text
|
||||
|
||||
(a) For the purpose of this section, the term “agency” means an Executive agency, excluding the Government Accountability Office and any agency (or unit thereof) whose principal function is the conduct of foreign intelligence or counterintelligence activities, as determined by the President.
|
||||
|
||||
(b) The Office of Personnel Management shall establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency that are to be filled by appointment for more than one year and for which applications are being (or will soon be) accepted from outside the agency’s work force.
|
||||
|
||||
(c) Included for any position listed shall be—
|
||||
|
||||
(1) a brief description of the position, including its title, tenure, location, and rate of pay;
|
||||
|
||||
(2) application procedures, including the period within which applications may be submitted and procedures for obtaining additional information; and
|
||||
|
||||
(3) any other information which the Office considers appropriate.
|
||||
|
||||
(d) The list shall be available to members of the public.
|
||||
|
||||
(e) The Office shall prescribe such regulations as may be necessary to carry out this section. Any requirement under this section that agencies notify the Office as to the availability of any vacant positions shall be designed so as to avoid any duplication of information otherwise required to be furnished under section 3327 of this title or any other provision of law.
|
||||
|
||||
(f) The Office may, to the extent it determines appropriate, charge such fees to agencies for services provided under this section and for related Federal employment information. The Office shall retain such fees to pay the costs of providing such services and information.
|
||||
|
||||
(Added Pub. L. 102–484, div. D, title XLIV, § 4431(a), Oct. 23, 1992, 106 Stat. 2719, § 3329; renumbered § 3330 and amended Pub. L. 104–52, title IV, § 4(1), Nov. 19, 1995, 109 Stat. 490; Pub. L. 104–106, div. A, title X, § 1037(b)(1), Feb. 10, 1996, 110 Stat. 432; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 1996—Pub. L. 104–106, which directed renumbering of the section 3329 of this title that was added by Pub. L. 102–484, § 4431, as section 3330 of this title, could not be executed because of the intervening renumbering of that section by Pub. L. 104–52, § 4(1)(A). See 1995 Amendment note below. 1995—Pub. L. 104–52, § 4(1)(A), renumbered section 3329 of this title, relating to government-wide list of vacant positions, as this section. Subsec. (f). Pub. L. 104–52, § 4(1)(B), added subsec. (f).
|
||||
@@ -0,0 +1,81 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3330a"
|
||||
description: "Preference eligibles; administrative redress"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3330a"
|
||||
citation: "5 U.S.C. § 3330a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3330a"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3330a - Preference eligibles; administrative redress
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) (A) A preference eligible who alleges that an agency has violated such individual’s rights under any statute or regulation relating to veterans’ preference may file a complaint with the Secretary of Labor.
|
||||
|
||||
(B) A veteran described in section 3304(l)(1) who alleges that an agency has violated such section with respect to such veteran may file a complaint with the Secretary of Labor.
|
||||
|
||||
(2) (A) A complaint under this subsection must be filed within 60 days after the date of the alleged violation.
|
||||
|
||||
(B) Such complaint shall be in writing, be in such form as the Secretary may prescribe, specify the agency against which the complaint is filed, and contain a summary of the allegations that form the basis for the complaint.
|
||||
|
||||
(3) The Secretary shall, upon request, provide technical assistance to a potential complainant with respect to a complaint under this subsection.
|
||||
|
||||
(b) (1) The Secretary of Labor shall investigate each complaint under subsection (a).
|
||||
|
||||
(2) In carrying out any investigation under this subsection, the Secretary’s duly authorized representatives shall, at all reasonable times, have reasonable access to, for purposes of examination, and the right to copy and receive, any documents of any person or agency that the Secretary considers relevant to the investigation.
|
||||
|
||||
(3) In carrying out any investigation under this subsection, the Secretary may require by subpoena the attendance and testimony of witnesses and the production of documents relating to any matter under investigation. In case of disobedience of the subpoena or contumacy and on request of the Secretary, the Attorney General may apply to any district court of the United States in whose jurisdiction such disobedience or contumacy occurs for an order enforcing the subpoena.
|
||||
|
||||
(4) Upon application, the district courts of the United States shall have jurisdiction to issue writs commanding any person or agency to comply with the subpoena of the Secretary or to comply with any order of the Secretary made pursuant to a lawful investigation under this subsection and the district courts shall have jurisdiction to punish failure to obey a subpoena or other lawful order of the Secretary as a contempt of court.
|
||||
|
||||
(c) (1) (A) If the Secretary of Labor determines as a result of an investigation under subsection (b) that the action alleged in a complaint under subsection (a) occurred, the Secretary shall attempt to resolve the complaint by making reasonable efforts to ensure that the agency specified in the complaint complies with applicable provisions of statute or regulation relating to veterans’ preference.
|
||||
|
||||
(B) The Secretary of Labor shall make determinations referred to in subparagraph (A) based on a preponderance of the evidence.
|
||||
|
||||
(2) If the efforts of the Secretary under subsection (b) with respect to a complaint under subsection (a) do not result in the resolution of the complaint, the Secretary shall notify the person who submitted the complaint, in writing, of the results of the Secretary’s investigation under subsection (b).
|
||||
|
||||
(d) (1) If the Secretary of Labor is unable to resolve a complaint under subsection (a) within 60 days after the date on which it is filed, the complainant may elect to appeal the alleged violation to the Merit Systems Protection Board in accordance with such procedures as the Merit Systems Protection Board shall prescribe, except that in no event may any such appeal be brought—
|
||||
|
||||
(A) before the 61st day after the date on which the complaint is filed; or
|
||||
|
||||
(B) later than 15 days after the date on which the complainant receives written notification from the Secretary under subsection (c)(2).
|
||||
|
||||
(2) An appeal under this subsection may not be brought unless—
|
||||
|
||||
(A) the complainant first provides written notification to the Secretary of such complainant’s intention to bring such appeal; and
|
||||
|
||||
(B) appropriate evidence of compliance with subparagraph (A) is included (in such form and manner as the Merit Systems Protection Board may prescribe) with the notice of appeal under this subsection.
|
||||
|
||||
(3) Upon receiving notification under paragraph (2)(A), the Secretary shall not continue to investigate or further attempt to resolve the complaint to which the notification relates.
|
||||
|
||||
(e) (1) This section shall not be construed to prohibit a preference eligible from appealing directly to the Merit Systems Protection Board from any action which is appealable to the Board under any other law, rule, or regulation, in lieu of administrative redress under this section.
|
||||
|
||||
(2) A preference eligible may not pursue redress for an alleged violation described in subsection (a) under this section at the same time the preference eligible pursues redress for such violation under any other law, rule, or regulation.
|
||||
|
||||
(Added Pub. L. 105–339, § 3(a), Oct. 31, 1998, 112 Stat. 3182; amended Pub. L. 108–454, title VIII, § 804(a), Dec. 10, 2004, 118 Stat. 3626; Pub. L. 118–188, § 2(a)(2)(A)(i)(II), Dec. 23, 2024, 138 Stat. 2645.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2024—Subsec. (a)(1)(B). Pub. L. 118–188 substituted “3304(l)(1)” for “3304(f)(1)”. 2004—Subsec. (a)(1). Pub. L. 108–454 designated existing provisions as subpar. (A) and added subpar. (B).
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3330b"
|
||||
citation: "5 U.S.C. § 3330b"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3330b - Preference eligibles; judicial redress
|
||||
|
||||
## Text
|
||||
|
||||
(a) In lieu of continuing the administrative redress procedure provided under section 3330a(d), a preference eligible, or a veteran described by section 3330a(a)(1)(B) with respect to a violation described by such section, may elect, in accordance with this section, to terminate those administrative proceedings and file an action with the appropriate United States district court not later than 60 days after the date of the election.
|
||||
|
||||
(b) An election under this section may not be made—
|
||||
|
||||
(1) before the 121st day after the date on which the appeal is filed with the Merit Systems Protection Board under section 3330a(d); or
|
||||
|
||||
(2) after the Merit Systems Protection Board has issued a judicially reviewable decision on the merits of the appeal.
|
||||
|
||||
(c) An election under this section shall be made, in writing, in such form and manner as the Merit Systems Protection Board shall by regulation prescribe. The election shall be effective as of the date on which it is received, and the administrative proceeding to which it relates shall terminate immediately upon the receipt of such election.
|
||||
|
||||
(Added Pub. L. 105–339, § 3(a), Oct. 31, 1998, 112 Stat. 3184; amended Pub. L. 108–454, title VIII, § 804(b), Dec. 10, 2004, 118 Stat. 3626.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2004—Subsec. (a). Pub. L. 108–454, which directed insertion of “, or a veteran described by section 3330a(a)(1)(B) with respect to a violation described by such section,” after “a preference eligible” in subsec. (a) of section 3330b, without specifying the Code title to be amended, was executed by making the insertion in subsec. (a) of this section, to reflect the probable intent of Congress.
|
||||
@@ -0,0 +1,37 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3330c"
|
||||
description: "Preference eligibles; remedy"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3330c"
|
||||
citation: "5 U.S.C. § 3330c"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3330c"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "c5d09782f65d39c504b000c46085630bca6b9320c59c3ecebbfe85d475746210"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "a23efd216dba8811053e51fcc29df3e283a44a0dc0960e4835af0c8b33abe912"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3330c - Preference eligibles; remedy
|
||||
|
||||
## Text
|
||||
|
||||
(a) If the Merit Systems Protection Board (in a proceeding under section 3330a) or a court (in a proceeding under section 3330b) determines that an agency has violated a right described in section 3330a, the Board or court (as the case may be) shall order the agency to comply with such provisions and award compensation for any loss of wages or benefits suffered by the individual by reason of the violation involved. If the Board or court determines that such violation was willful, it shall award an amount equal to backpay as liquidated damages.
|
||||
|
||||
(b) A preference eligible who prevails in an action under section 3330a or 3330b shall be awarded reasonable attorney fees, expert witness fees, and other litigation expenses.
|
||||
|
||||
(Added Pub. L. 105–339, § 3(a), Oct. 31, 1998, 112 Stat. 3184.)
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3330e"
|
||||
description: "Review of official personnel file of former Federal employees before rehiring"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3330e"
|
||||
citation: "5 U.S.C. § 3330e"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3330e"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "ff1947d5c832020ee34830ce6aeb6cf7c8daa09a0c51a3e6cf21a83293a6bde2"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "5ee7a9e601649083739a3ce07b6687eac9f908364c5f52ec646d2e138a3bf3b4"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3330e - Review of official personnel file of former Federal employees before rehiring
|
||||
|
||||
## Text
|
||||
|
||||
(a) If a former Government employee is a candidate for a position within the competitive service or the excepted service, prior to making any determination with respect to the appointment or reinstatement of such employee to such position, the appointing authority shall review and consider merit-based information relating to such employee’s former period or periods of service such as official personnel actions, employee performance ratings, and disciplinary actions, if any, in such employee’s official personnel record file.
|
||||
|
||||
(b) In subsection (a), the term “former Government employee” means an individual whose most recent position with the Government prior to becoming a candidate as described under subsection (a) was within the competitive service or the excepted service.
|
||||
|
||||
(c) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this section. Such regulations may not contain provisions that would increase the time required for agency hiring actions.
|
||||
|
||||
(Added Pub. L. 114–328, div. A, title XI, § 1136(a), Dec. 23, 2016, 130 Stat. 2460.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 114–328, div. A, title XI, § 1136(b), Dec. 23, 2016, 130 Stat. 2460, provided that: “The amendment made by subsection (a) [enacting this section] shall apply to any former Government employee (as described in section 3330e of title 5, United States Code, as added by such subsection) appointed or reinstated on or after the date that is 180 days after the date of enactment of this Act [Dec. 23, 2016].”
|
||||
@@ -0,0 +1,221 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3330f"
|
||||
description: "Government policy and supporting position data"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3330f"
|
||||
citation: "5 U.S.C. § 3330f"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3330f"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "1777eb814b25729b7396c8de5e92631c1e08c39f814868d3593d47b1699402a6"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "9307966160eecbbbcfda095a544705bb069a2571723ff6c1e26ecc80abbc60be"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3330f - Government policy and supporting position data
|
||||
|
||||
## Text
|
||||
|
||||
(a) Definitions.— In this section:
|
||||
|
||||
(1) Agency.— The term “agency” means—
|
||||
|
||||
(A) any Executive agency, the United States Postal Service, and the Postal Regulatory Commission;
|
||||
|
||||
(B) the Architect of the Capitol, the Government Accountability Office, the Government Publishing Office, and the Library of Congress; and
|
||||
|
||||
(C) the Executive Office of the President and any component within that Office (including any successor component), including—
|
||||
|
||||
(i) the Council of Economic Advisors;
|
||||
|
||||
(ii) the Council on Environmental Quality;
|
||||
|
||||
(iii) the National Security Council;
|
||||
|
||||
(iv) the Office of the Vice President;
|
||||
|
||||
(v) the Office of Policy Development;
|
||||
|
||||
(vi) the Office of Administration;
|
||||
|
||||
(vii) the Office of Management and Budget;
|
||||
|
||||
(viii) the Office of the United States Trade Representative;
|
||||
|
||||
(ix) the Office of Science and Technology Policy;
|
||||
|
||||
(x) the Office of National Drug Control Policy; and
|
||||
|
||||
(xi) the White House Office, including the White House Office of Presidential Personnel.
|
||||
|
||||
(2) Appointee.— The term “appointee”—
|
||||
|
||||
(A) means an individual serving in a policy and supporting position; and
|
||||
|
||||
(B) includes an individual serving in such a position temporarily in an acting capacity in accordance with—
|
||||
|
||||
(i) sections 3345 through 3349d (commonly referred to as the “Federal Vacancies Reform Act of 1998”);
|
||||
|
||||
(ii) any other statutory provision described in section 3347(a)(1); or
|
||||
|
||||
(iii) a Presidential appointment described in section 3347(a)(2).
|
||||
|
||||
(3) Covered website.— The term “covered website” means the website established and maintained by the Director under subsection (b).
|
||||
|
||||
(4) Director.— The term “Director” means the Director of the Office of Personnel Management.
|
||||
|
||||
(5) Policy and supporting position.— The term “policy and supporting position”—
|
||||
|
||||
(A) means any position at an agency, as determined by the Director, that, but for this section and section 2(b)(3) of the PLUM Act of 2022, would be included in the publication entitled “United States Government Policy and Supporting Positions”, (commonly referred to as the “Plum Book”); and
|
||||
|
||||
(B) may include—
|
||||
|
||||
(i) a position on any level of the Executive Schedule under subchapter II of chapter 53, or another position with an equivalent rate of pay;
|
||||
|
||||
(ii) a general position (as defined in section 3132(a)(9)) in the Senior Executive service;
|
||||
|
||||
(iii) a position in the Senior Foreign Service;
|
||||
|
||||
(iv) a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulation; and
|
||||
|
||||
(v) any other position classified at or above level GS–14 of the General Schedule (or equivalent) that is excepted from the competitive service by law because of the confidential or policy-determining nature of the position duties.
|
||||
|
||||
(b) Establishment of Website.— Not later than 1 year after the date of enactment of the PLUM Act of 2022, the Director shall establish, and thereafter the Director shall maintain, a public website containing the following information for the President in office on the date of establishment and for each subsequent President:
|
||||
|
||||
(1) Each policy and supporting position in the Federal Government, including any such position that is vacant.
|
||||
|
||||
(2) The name of each individual who—
|
||||
|
||||
(A) is serving in a position described in paragraph (1); or
|
||||
|
||||
(B) previously served in a position described in such paragraph under the applicable President.
|
||||
|
||||
(3) Information on—
|
||||
|
||||
(A) any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3134 or the total number of positions under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; and
|
||||
|
||||
(B) the total number of individuals occupying such positions.
|
||||
|
||||
(c) Contents.— With respect to any policy and supporting position listed on the covered website, the Director shall include—
|
||||
|
||||
(1) the agency, and agency component, (including the agency and bureau code used by the Office of Management and Budget) in which the position is located;
|
||||
|
||||
(2) the name of the position;
|
||||
|
||||
(3) the name of the individual occupying the position (if any);
|
||||
|
||||
(4) the geographic location of the position, including the city, State or province, and country;
|
||||
|
||||
(5) the pay system under which the position is paid;
|
||||
|
||||
(6) the level, grade, or rate of pay;
|
||||
|
||||
(7) the term or duration of the appointment (if any);
|
||||
|
||||
(8) the expiration date, in the case of a time-limited appointment;
|
||||
|
||||
(9) a unique identifier for each appointee;
|
||||
|
||||
(10) whether the position is vacant; and
|
||||
|
||||
(11) for any position that is vacant—
|
||||
|
||||
(A) for a position for which appointment is required to be made by the President, by and with the advice and consent of the Senate, the name of the acting official; and
|
||||
|
||||
(B) for other positions, the name of the official performing the duties of the vacant position.
|
||||
|
||||
(d) Current Data.— For each agency, the Director shall indicate in the information on the covered website the date that the agency last updated the data.
|
||||
|
||||
(e) Format.— The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44.
|
||||
|
||||
(f) Authority of Director.— (1) Information required.— Each agency shall provide to the Director any information that the Director determines necessary to establish and maintain the covered website, including the information uploaded under paragraph (4).
|
||||
|
||||
(2) Requirements for agencies.— Not later than 1 year after the date of enactment of the PLUM Act of 2022, the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including—
|
||||
|
||||
(A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable;
|
||||
|
||||
(B) data quality assurance methods; and
|
||||
|
||||
(C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4).
|
||||
|
||||
(3) Public accountability.— The Director shall identify on the covered website any agency that has failed to provide—
|
||||
|
||||
(A) the information required by the Director;
|
||||
|
||||
(B) complete, accurate, and reliable information; or
|
||||
|
||||
(C) the information during the timeframe specified by the Director.
|
||||
|
||||
(4) Annual updates.— (A) In general.— Not later than 90 days after the date on which the covered website is established, and not less than once during each year thereafter, the head of each agency shall upload to the covered website updated information (if any) on—
|
||||
|
||||
(i) the policy and supporting positions in the agency;
|
||||
|
||||
(ii) the appointees occupying such positions in the agency; and
|
||||
|
||||
(iii) the former appointees who served in such positions in the agency under the President then in office.
|
||||
|
||||
(B) Supplement not supplant.— Information provided under subparagraph (A) shall supplement, not supplant, previously provided information under that subparagraph.
|
||||
|
||||
(5) Opm help desk.— The Director shall establish a central help desk, to be operated by not more than 1 full-time employee, to assist any agency with implementing this section.
|
||||
|
||||
(6) Coordination.— The Director may designate 1 or more agencies to participate in the development, establishment, operation, and support of the covered website. With respect to any such designation, the Director may specify the scope of the responsibilities of the agency so designated.
|
||||
|
||||
(7) Data standards and timing.— The Director shall make available on the covered website information regarding data collection standards, quality assurance methods, and time frames for reporting data to the Director.
|
||||
|
||||
(8) Regulations.— The Director may prescribe regulations necessary for the administration of this section.
|
||||
|
||||
(g) Responsibility of Agencies.— (1) Provision of information.— Each agency shall comply with the instructions and guidance issued by the Director to carry out this section, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2).
|
||||
|
||||
(2) Ensuring completeness, accuracy, and reliability.— With respect to any submission of information described in paragraph (1), the head of an agency shall include—
|
||||
|
||||
(A) an explanation of how the agency ensured the information is complete, accurate, and reliable; and
|
||||
|
||||
(B) a certification that the information is complete, accurate, and reliable.
|
||||
|
||||
(h) Information Verification.— (1) Confirmation.— (A) In general.— On the date that is 90 days after the date on which the covered website is established, the Director, in coordination with the White House Office of Presidential Personnel, shall confirm that the information on the covered website is complete, accurate, reliable, and up-to-date.
|
||||
|
||||
(B) Certification.— On the date on which the Director makes a confirmation under subparagraph (A), the Director shall publish on the covered website a certification that the confirmation has been made.
|
||||
|
||||
(2) Authority of director.— In carrying out paragraph (1), the Director may—
|
||||
|
||||
(A) request additional information from an agency; and
|
||||
|
||||
(B) use any additional information provided to the Director or the White House Office of Presidential Personnel for the purposes of verification.
|
||||
|
||||
(3) Public comment.— The Director shall establish a process under which members of the public may provide feedback regarding the accuracy of the information on the covered website.
|
||||
|
||||
(i) Data Archiving.— (1) In general.— As soon as practicable after a transitional inauguration day (as defined in section 3349a), the Director, in consultation with the Archivist of the United States, shall archive the data that was compiled on the covered website for the preceding presidential administration.
|
||||
|
||||
(2) Public availability.— The Director shall make the data described in paragraph (1) publicly available over the internet—
|
||||
|
||||
(A) on, or through a link on, the covered website;
|
||||
|
||||
(B) at no cost; and
|
||||
|
||||
(C) in a searchable, sortable, downloadable, and machine-readable format.
|
||||
|
||||
(Added Pub. L. 117–263, div. E, title LIII, § 5322(a)(1), Dec. 23, 2022, 136 Stat. 3255.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 2(b)(3) of the PLUM Act of 2022, referred to in subsec. (a)(5)(A), probably means section 5322(b)(3) of Pub. L. 117–263, which is set out in a note under this section. The PLUM Act of 2022 is subtitle B of title LIII of div. E of Pub. L. 117–263, the second section of which is section 5322. The General Schedule, referred to in subsec. (a)(5)(B)(v), is set out under section 5332 of this title. The date of enactment of the PLUM Act of 2022, referred to in subsecs. (b) and (f)(2), is the date of enactment of subtitle B of title LIII of div. E of Pub. L. 117–263, which was approved Dec. 23, 2022.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Other Matters Relating to Public WebsitePub. L. 117–263, div. E, title LIII, § 5322(b), Dec. 23, 2022, 136 Stat. 3259, provided that: “(1) Definitions.—In this subsection, the terms ‘agency’, ‘covered website’, ‘Director’, and ‘policy and supporting position’ have the meanings given those terms in section 3330f of title 5, United States Code, as added by subsection (a). “(2) Gao review and report.—Not later than 1 year after the date on which the Director establishes the covered website, the Comptroller General of the United States shall conduct a review of, and issue a briefing or report on, the implementation of this subtitle [subtitle B (§§ 5321, 5322) of title LIII of div. E of Pub. L. 117–263, enacting this section and provisions set out as a note under section 101 of this title] and the amendments made by this subtitle, which shall include—“(A) the quality of data required to be collected and whether the data is complete, accurate, timely, and reliable; “(B) any challenges experienced by agencies in implementing this subtitle and the amendments made by this subtitle; and “(C) any suggestions or modifications to enhance compliance with this subtitle and the amendments made by this subtitle, including best practices for agencies to follow. “(3) Sunset of plum book.—Beginning on January 1, 2026—“(A) the covered website shall serve as the public directory for policy and supporting positions in the Government; and “(B) the publication entitled ‘United States Government Policy and Supporting Positions’, commonly referred to as the ‘Plum Book’, shall no longer be issued or published. “(4) Funding.—“(A) In general.—No additional amounts are authorized to be appropriated to carry out this subtitle or the amendments made by this subtitle. “(B) Other funding.—The Director shall carry out this subtitle and the amendments made by this subtitle using amounts otherwise available to the Director.”
|
||||
@@ -0,0 +1,37 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3330g"
|
||||
description: "DOD use of shared talent pools and structured assessments"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3330g"
|
||||
citation: "5 U.S.C. § 3330g"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3330g"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "19c1eba0d48eb433a9c704a7df71bfcdf919465af9fb279fa9b752b1c4987f7b"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "5ed2760967ec867d001a1d965e74be3518c4a6c0b6bb2cab383476556083e7cf"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3330g - DOD use of shared talent pools and structured assessments
|
||||
|
||||
## Text
|
||||
|
||||
(a) Shared Talent Pools.— The Department of Defense may share certificates of eligibles and curated prospect pools within the Department. Certificates issued under this authority shall remain valid for not less than one year from the date of issuance, subject to agency-specific qualification checks.
|
||||
|
||||
(b) Structured Assessments.— The Department of Defense shall use validated structured interviews, technical evaluations, or other skills-based assessments as part of the hiring process for competitive service positions at the Department, in accordance with regulations prescribed by the Office of Personnel Management.
|
||||
|
||||
(Added Pub. L. 119–60, div. A, title XI, § 1110(d), Dec. 18, 2025, 139 Stat. 1076.)
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3331"
|
||||
description: "Oath of office"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3331"
|
||||
citation: "5 U.S.C. § 3331"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3331"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "cf0d0352e6840d054091620aecd1ef2ce2b15fecee22a11d080a5834d7e23aa3"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "7a69fab65d4e12b982da7ceae89d7fb6df96e692411039d1f76ea0afae5a3e9a"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3331 - Oath of office
|
||||
|
||||
## Text
|
||||
|
||||
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 16.R.S. § 1757.May 13, 1884, ch. 46, §§ 2, 3, 23 Stat. 22. All but the quoted language in R.S. § 1757 is omitted as obsolete since R.S. § 1757 was originally an alternative oath to the oath prescribed in R.S. § 1756 which oath was repealed by the Act of May 13, 1884, ch. 46, § 2, 23 Stat. 22. The words “An individual, except the President, . . . in the civil service or uniformed services” are substituted for “any person . . . either in the civil, military, or naval service, except the President of the United States”. The second sentence of former section 16 is changed to read, “This section does not affect other oaths required by law.”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3332"
|
||||
description: "Officer affidavit; no consideration paid for appointment"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3332"
|
||||
citation: "5 U.S.C. § 3332"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3332"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "e93598c22e45a19a53b7a99fa4c43137a127c09495f81398d9edd6d979eac982"
|
||||
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|
||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3332 - Officer affidavit; no consideration paid for appointment
|
||||
|
||||
## Text
|
||||
|
||||
An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appointment.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 21a.Dec. 11, 1926, ch. 4, § 1, 44 Stat. 918.Mar. 2, 1927, ch. 284, 44 Stat. 1346.Sept. 23, 1950, ch. 1010, § 10, 64 Stat. 987. The section is restated for clarity and conciseness. The term “officer” is coextensive with and substituted for “Each individual appointed hereafter as a civil officer of the United States by the President, by and with the advice and consent of the Senate, or by the President alone, or by a court of law, or by the head of a department” in view of the definition of “officer” in section 2104. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3333"
|
||||
citation: "5 U.S.C. § 3333"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3333 - Employee affidavit; loyalty and striking against the Government
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided by subsection (b) of this section, an individual who accepts office or employment in the Government of the United States or in the government of the District of Columbia shall execute an affidavit within 60 days after accepting the office or employment that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title. The affidavit is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title.
|
||||
|
||||
(b) An affidavit is not required from an individual employed by the Government of the United States or the government of the District of Columbia for less than 60 days for sudden emergency work involving the loss of human life or the destruction of property. This subsection does not relieve an individual from liability for violation of section 7311 of this title.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 118q.Aug. 9, 1955, ch. 690, § 2, 69 Stat. 624. [Uncodified].June 29, 1956, ch. 479, § 3 (as applicable to the Act of Aug. 9, 1955, ch. 690, § 2, 69 Stat. 624), 70 Stat. 453. The section is restated for clarity and to conform to the style of section 3332. In subsection (a), the words “after August 9, 1955” are omitted as executed. The words “if the affidavit is executed prior to acceptance of such office or employment” are omitted as unnecessary. The words “From and after July 1, 1956”, appearing in the Act of June 29, 1956, are omitted as executed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3341"
|
||||
description: "Details; within Executive or military departments"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3341"
|
||||
citation: "5 U.S.C. § 3341"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3341"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3341 - Details; within Executive or military departments
|
||||
|
||||
## Text
|
||||
|
||||
(a) The head of an Executive department or military department may detail employees among the bureaus and offices of his department, except employees who are required by law to be exclusively engaged on some specific work.
|
||||
|
||||
(b) (1) Details under subsection (a) of this section may be made only by written order of the head of the department, and may be for not more than 120 days. These details may be renewed by written order of the head of the department, in each particular case, for periods not exceeding 120 days.
|
||||
|
||||
(2) The 120-day limitation in paragraph (1) for details and renewals of details does not apply to the Department of Defense in the case of a detail—
|
||||
|
||||
(A) made in connection with the closure or realignment of a military installation pursuant to a base closure law or an organizational restructuring of the Department as part of a reduction in the size of the armed forces or the civilian workforce of the Department; and
|
||||
|
||||
(B) in which the position to which the employee is detailed is eliminated on or before the date of the closure, realignment, or restructuring.
|
||||
|
||||
(c) For purposes of this section, the term “base closure law” has the meaning given such term in section 101(a)(17) of title 10.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424; Pub. L. 104–106, div. A, title X, § 1033(a), Feb. 10, 1996, 110 Stat. 429; Pub. L. 109–163, div. A, title X, § 1056(a)(4), Jan. 6, 2006, 119 Stat. 3439.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 38.R.S. § 166.May 28, 1896, ch. 252, § 3, 29 Stat. 179. The words “Executive department” are substituted for “department” as the definition of “department” applicable to this section is coextensive with the definition of “Executive department” in section 101. The words “or military department” are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser’s note for section 301. The word “detail” is coextensive with and is substituted for “alter the distribution”. The word “clerks” is omitted as included in “employees”. The words “as he may find it necessary and proper to do” and “from time to time” are omitted as surplusage. This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides “Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title but is not repealed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Subsec. (c). Pub. L. 109–163 amended subsec. (c) generally. Prior to amendment, subsec. (c) defined the terms “base closure law” and “military installation” for purposes of this section. 1996—Subsec. (b). Pub. L. 104–106 designated existing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 104–106, § 1033(a)(2), added subsec. (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentPub. L. 104–106, div. A, title X, § 1033(b), Feb. 10, 1996, 110 Stat. 430, provided that: “The amendments made by subsection (a) [amending this section] apply to details made before the date of the enactment of this Act [Feb. 10, 1996] but still in effect on that date and details made on or after that date.”
|
||||
|
||||
Transfer of Appropriated Funds; Funding of Detailed EmployeesFor restriction on availability of funds for salaries of employees reassigned on temporary detail basis to another position without independent approval by head of employing department or agency, see section 515(3) of Pub. L. 103–333, set out as a note under section 1301 of Title 31, Money and Finance.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3342 - Repealed. Pub. L. 102–378, § 2(13)(A), Oct. 2, 1992, 106 Stat. 1347]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 101–416, § 2(a)(1), Oct. 12, 1990, 104 Stat. 902, related to Federal participants in executive exchange programs.
|
||||
|
||||
A prior section 3342, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425, which prohibited details of employees from field service to Executive department in District of Columbia except for temporary duty, details specifically provided for by law, or detailing of one employee from Bureau of Customs for duty in District of Columbia, was repealed by Pub. L. 89–762, § 1(a), Nov. 5, 1966, 80 Stat. 1312.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealSection repealed effective Oct. 1, 1991, see section 9(b)(3) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of this title.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3343 - Details; to international organizations
|
||||
|
||||
## Text
|
||||
|
||||
(a) For the purpose of this section—
|
||||
|
||||
(1) “agency”, “employee”, and “international organization” have the meanings given them by section 3581 of this title; and
|
||||
|
||||
(2) “detail” means the assignment or loan of an employee to an international organization without a change of position from the agency by which he is employed to an international organization.
|
||||
|
||||
(b) The head of an agency may detail, for a period of not more than 5 years, an employee of his agency to an international organization which requests services, except that under special circumstances, where the President determines it to be in the national interest, he may extend the 5-year period for up to an additional 3 years.
|
||||
|
||||
(c) An employee detailed under subsection (b) of this section is deemed, for the purpose of preserving his allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed, and he is entitled to pay, allowances, and benefits from funds available to that agency. The authorization and payment of these allowances and other benefits from appropriations available therefor is deemed to comply with section 5536 of this title.
|
||||
|
||||
(d) Details may be made under subsection (b) of this section—
|
||||
|
||||
(1) without reimbursement to the United States by the international organization; or
|
||||
|
||||
(2) with agreement by the international organization to reimburse the United States for all or part of the pay, travel expenses, and allowances payable during the detail, and the reimbursement shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed.
|
||||
|
||||
(e) An employee detailed under subsection (b) of this section may be paid or reimbursed by an international organization for allowances or expenses incurred in the performance of duties required by the detail, without regard to section 209 of title 18.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 91–175, pt. V, § 502(a), Dec. 30, 1969, 83 Stat. 825.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 2331.Aug. 28, 1958, Pub. L. 85–795, § 2, 72 Stat. 959. (b)–(e)5 U.S.C. 2332.Aug. 28, 1958, Pub. L. 85–795, § 3, 72 Stat. 959. In subsection (a)(2), the words “without a change of position from the agency by which he is employed to an international organization” are substituted for “without the employee’s transfer from the Federal agency by which he is employed” to eliminate the necessity of carrying into this section the definition of “transfer” appearing in former section 2331(5). In subsection (e), the words “section 209 of title 18” are substituted for “section 1914 of title 18” on authority of the Act of Oct. 23, 1962, Pub. L. 87–849, § 2, 76 Stat. 1126. Other definitions appearing in former section 2331 are omitted from this section as inappropriate but are carried into section 3581. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1969—Subsec. (b). Pub. L. 91–175 substituted “5” for “3” and inserted provision enabling President, regarding an agency employee detailed to an international organization for 5 years, to extend the 5-year period for up to an additional 3 years.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Details to International OrganizationsFor provisions concerning the providing for details of Federal employees to international organizations and the delegation of Presidential authority, concerning the extension of a detail under this section, to the Secretary of State, see Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under section 3584 of this title.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3344"
|
||||
citation: "5 U.S.C. § 3344"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3344"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "afa114d49802c1c4b7bad56e44449a6c205ce887c233badc8ada5f01b68c528d"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "f4ebe9a6dcd59817b8259af329eec367f120aa3cd60f6b4622cb38b155f28f4c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3344 - Details; administrative law judges
|
||||
|
||||
## Text
|
||||
|
||||
An agency as defined by section 551 of this title which occasionally or temporarily is insufficiently staffed with administrative law judges appointed under section 3105 of this title may use administrative law judges selected by the Office of Personnel Management from and with the consent of other agencies.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 95–251, § 2(a)(1), (b)(2), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1010 (4th sentence).June 11, 1946, ch. 324, § 11 (4th sentence), 60 Stat. 244. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”. Pub. L. 95–251 substituted references to administrative law judges for references to hearing examiners in section catchline and wherever appearing in text.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,167 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3345"
|
||||
description: "Acting officer"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3345"
|
||||
citation: "5 U.S.C. § 3345"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3345"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "31823b13551a606f5f259b6817938c21b557522f74bb9a2a17d4e1f8e752a479"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
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||||
text_hash: "a86a8febfdfbb994315d9cc59df0bcdc6ebf6929704dd203e1a22328e924bcc7"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3345 - Acting officer
|
||||
|
||||
## Text
|
||||
|
||||
(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
|
||||
|
||||
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
|
||||
|
||||
(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
|
||||
|
||||
(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
|
||||
|
||||
(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
|
||||
|
||||
(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
|
||||
|
||||
(b) (1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
|
||||
|
||||
(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—
|
||||
|
||||
(i) did not serve in the position of first assistant to the office of such officer; or
|
||||
|
||||
(ii) served in the position of first assistant to the office of such officer for less than 90 days; and
|
||||
|
||||
(B) the President submits a nomination of such person to the Senate for appointment to such office.
|
||||
|
||||
(2) Paragraph (1) shall not apply to any person if—
|
||||
|
||||
(A) such person is serving as the first assistant to the office of an officer described under subsection (a);
|
||||
|
||||
(B) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
|
||||
|
||||
(C) the Senate has approved the appointment of such person to such office.
|
||||
|
||||
(c) (1) Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die.
|
||||
|
||||
(2) For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.
|
||||
|
||||
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–611; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe General Schedule, referred to in subsec. (a)(3)(B), is set out under section 5332 of this title.
|
||||
|
||||
Prior ProvisionsA prior section 3345, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 100–398, § 7(a)(1), (2), Aug. 17, 1988, 102 Stat. 988, provided for details to office of head of Executive agency or military department, prior to repeal by Pub. L. 105–277, div. C, title I, § 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681–611, 2681–616, effective 30 days after Oct. 21, 1998.
|
||||
|
||||
Amendments2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 105–277, div. C, title I, § 151(d), Oct. 21, 1998, 112 Stat. 2681–616, provided that: “(1) Effective date.—Subject to paragraph (2), this section [enacting this section and sections 3346 to 3349d of this title, repealing former sections 3345 to 3349 of this title, and enacting provisions set out as a note under section 3301 of this title] and the amendments made by this section shall take effect 30 days after the date of enactment of this section [Oct. 21, 1998]. “(2) Application.—“(A) In general.—This section shall apply to any office that becomes vacant after the effective date of this section. “(B) Immediate application of time limitation.—Notwithstanding subparagraph (A), for any office vacant on the effective date of this section, the time limitations under section 3346 of title 5, United States Code (as amended by this section) shall apply to such office. Such time limitations shall apply as though such office first became vacant on the effective date of this section. “(C) Certain nominations.—If the President submits to the Senate the nomination of any person after the effective date of this section for an office for which such person had been nominated before such date, the next nomination of such person after such date shall be considered a first nomination of such person to that office for purposes of sections 3345 through 3349 and section 3349d of title 5, United States Code (as amended by this section).”
|
||||
|
||||
Executive Documents
|
||||
|
||||
Ex. Ord. No. 13472. Executive Branch Responsibilities With Respect To Orders of Succession Ex. Ord. No. 13472, Sept. 11, 2008, 73 F.R. 53353, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of the Federal Government to ensure that each executive branch agency can perform its essential functions and remain an effectively functioning part of the Federal Government under all conditions. Accordingly, each agency shall take all appropriate actions to establish, maintain, and, as necessary, revise an order of succession, or to propose presidential action to establish or revise an order of succession. Sec. 2. Definitions. As used in this order: (a) “agency” means: (i) an executive agency as defined in section 105 of title 5, United States Code, other than the Government Accountability Office; and (ii) the United States Postal Service and the Postal Regulatory Commission; and (b) “order of succession” means a list of officials by position who shall act as and perform the functions and duties of the office of the head of the agency in the event that the office-holder has died, resigned, or otherwise become unable to perform the functions and duties of the office. “Order of succession” does not include any order, rule, memorandum, or other document delegating or partially delegating the authority of an office. Sec. 3. Orders of Succession Requiring Presidential Action. (a) Each agency for which presidential action is required to establish an order of succession shall draft a proposed order of succession if no such order exists and, not later than 30 days from the date of this order, send such proposed draft order to the Counsel to the President for review and comment. (b) Each agency described in subsection 3(a) of this order shall send any proposed updates or revisions to the agency’s order of succession to the Counsel to the President for review and comment. (c) Upon completion of the requirements set forth by subsections (a) or (b) of this section with respect to a proposed order, the agency shall submit the proposed order to the Office of Management and Budget in accordance with Executive Order 11030, as amended. Sec. 4. Orders of Succession Not Requiring Presidential Action. (a) Each agency for which presidential action is not required to establish an order of succession because of the agency’s existing legal authority shall establish and maintain such order in accordance with applicable law and any applicable guidance issued by the President or the Secretary of Homeland Security, including the laws and guidance regarding continuity plans and programs for the executive branch. (b) Each agency described in subsection 4(a) of this order shall update and revise its order of succession as necessary. Before implementing any revisions to its order of succession, such agency shall send the proposed revisions to the Counsel to the President for review and comment. (c) Not later than 30 days from the date of this order, and not later than 7 days from the issuance date of any subsequent final revision to an existing order of succession, each agency described in subsection 4(a) of this order shall provide a copy of its order of succession to the Counsel to the President, the Assistant to the President for Homeland Security and Counterterrorism, and the Director of the Office of Management and Budget. 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, agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (b) Nothing in this order shall be construed to delegate the President’s authority under the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to designate individuals to perform the functions and duties of a vacant office temporarily in an acting capacity. (c) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. (d) 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.
|
||||
|
||||
EXECUTIVE DOCUMENTS DESIGNATING ORDERS OF SUCCESSION Provisions relating to the exercise of Presidential authorities to designate an order of succession for executive agencies and offices are contained in the following:
|
||||
|
||||
Council on Environmental Quality Memorandum of President of the United States, Jan. 3, 2025, 90 F.R. 2593, revoked by Ex. Ord. No. 14148, § 2(ppp), Jan. 20, 2025, 90 F.R. 8240. Memorandum of President of the United States, Sept. 6, 2019, 84 F.R. 48227, as corrected Sept. 16, 2019, 84 F.R. 48549, revoked by Memorandum of President of the United States, § 3, Jan. 3, 2025, 90 F.R. 2593. Memorandum of President of the United States, Jan. 13, 2017, 82 F.R. 7627, revoked by Memorandum of President of the United States, § 3, Sept. 6, 2019, 84 F.R. 48227. Memorandum of President of the United States, Mar. 13, 2015, 80 F.R. 14289, revoked by Memorandum of President of the United States, § 3, Jan. 13, 2017, 82 F.R. 7627. Memorandum of President of the United States, Sept. 18, 2008, 73 F.R. 54487, revoked by Memorandum of President of the United States, § 3, Mar. 13, 2015, 80 F.R. 14289.
|
||||
|
||||
Department of Agriculture Ex. Ord. No. 14134, Jan. 3, 2025, 90 F.R. 2577, revoked by Ex. Ord. No. 14148, § 2(jjj), Jan. 20, 2025, 90 F.R. 8240. Ex. Ord. No. 13612, May 21, 2012, 77 F.R. 31153, revoked by Ex. Ord. No. 14134, § 3, Jan. 3, 2025, 90 F.R. 2578. Ex. Ord. No. 13542, May 13, 2010, 75 F.R. 27921, revoked by Ex. Ord. No. 13612, § 3, May 21, 2012, 77 F.R. 31154. Ex. Ord. No. 13241, Dec. 18, 2001, 66 F.R. 66258, as amended by Ex. Ord. No. 13261, § 4(a), Mar. 19, 2002, 67 F.R. 13243; Ex. Ord. No. 13484, §§ 1, 2, Jan. 9, 2009, 74 F.R. 2285, revoked by Ex. Ord. No. 13542, § 3, May 13, 2010, 75 F.R. 27922. Ex. Ord. No. 11957, Jan. 13, 1977, 42 F.R. 3295, revoked by Ex. Ord. No. 13241, § 4, Dec. 18, 2001, 66 F.R. 66259.
|
||||
|
||||
Department of Commerce Ex. Ord. No. 13613, May 21, 2012, 77 F.R. 31155. Ex. Ord. No. 13242, Dec. 18, 2001, 66 F.R. 66260, as amended by Ex. Ord. No. 13261, § 4(b), Mar. 19, 2002, 67 F.R. 13243, revoked by Ex. Ord. No. 13613, § 3, May 21, 2012, 77 F.R. 31155. Ex. Ord. No. 11880, Oct. 2, 1975, 40 F.R. 46089, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12998, Apr. 5, 1996, 61 F.R. 15873, revoked by Ex. Ord. No. 13242, § 4, Dec. 18, 2001, 66 F.R. 66261.
|
||||
|
||||
Department of Defense Ex. Ord. No. 13963, Dec. 10, 2020, 85 F.R. 81331. Ex. Ord. No. 13533, Mar. 1, 2010, 75 F.R. 10163, revoked by Ex. Ord. No. 13963, § 3, Dec. 10, 2020, 85 F.R. 81332. Ex. Ord. No. 13394, Dec. 22, 2005, 70 F.R. 76665, revoked by Ex. Ord. No. 13533, § 3, Mar. 1, 2010, 75 F.R. 10164. Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 18483, revoked by Ex. Ord. No. 13394, § 5, Dec. 22, 2005, 70 F.R. 76666.
|
||||
|
||||
Department of Health and Human Services Ex. Ord. No. 13461, Feb. 15, 2008, 73 F.R. 9437. Ex. Ord. No. 13250, Dec. 28, 2001, 67 F.R. 1597, as amended by Ex. Ord. No. 13261, § 4(h), Mar. 19, 2002, 67 F.R. 13244, revoked by Ex. Ord. No. 13461, § 4, Feb. 15, 2008, 73 F.R. 9438.
|
||||
|
||||
Department of Homeland Security Ex. Ord. No. 14135, Jan. 3, 2025, 90 F.R. 2579, revoked by Ex. Ord. No. 14148, § 2(kkk), Jan. 20, 2025, 90 F.R. 8240.
|
||||
|
||||
Department of Housing and Urban Development Ex. Ord. No. 13243, Dec. 18, 2001, 66 F.R. 66262, as amended by Ex. Ord. No. 13261, § 4(c), Mar. 19, 2002, 67 F.R. 13244. Ex. Ord. No. 11274, Mar. 30, 1966, 31 F.R. 5243, as amended by Pub. L. 101–509, title V, § 529 [title I, § 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454, revoked by Ex. Ord. No. 13243, § 4, Dec. 18, 2001, 66 F.R. 66263.
|
||||
|
||||
Department of Justice Ex. Ord. No. 14136, Jan. 3, 2025, 90 F.R. 2581, revoked by Ex. Ord. No. 14148, § 2(lll), Jan. 20, 2025, 90 F.R. 8240. Ex. Ord. No. 13787, Mar. 31, 2017, 82 F.R. 16723, revoked by Ex. Ord. No. 14136, § 3, Jan. 3, 2025, 90 F.R. 2581. Ex. Ord. No. 13775, Feb. 9, 2017, 82 F.R. 10697, revoked by Ex. Ord. No. 13787, § 3, Mar. 31, 2017, 82 F.R. 16723. Ex. Ord. No. 13762, Jan. 13, 2017, 82 F.R. 7619, revoked by Ex. Ord. No. 13775, § 3, Feb. 9, 2017, 82 F.R. 10697. Ex. Ord. No. 13557, Nov. 4, 2010, 75 F.R. 68679, revoked by Ex. Ord. No. 13762, § 3 Jan. 13, 2017, 82 F.R. 7619. Ex. Ord. No. 13481, Dec. 9, 2008, 73 F.R. 75531, revoked by Ex. Ord. No. 13557, § 3, Nov. 4, 2010, 75 F.R. 68679. Memorandum of President of the United States, Dec. 8, 2006, 71 F.R. 74753, superseded by Ex. Ord. No. 13481, § 3, Dec. 9, 2008, 73 F.R. 75531.
|
||||
|
||||
Department of Labor Ex. Ord. No. 13755, Dec. 23, 2016, 81 F.R. 96329. Ex. Ord. No. 13245, Dec. 18, 2001, 66 F.R. 66268, as amended by Ex. Ord. No. 13261, § 4(e), Mar. 19, 2002, 67 F.R. 13244, revoked by Ex. Ord. No. 13755, § 3, Dec. 23, 2016, 81 F.R. 96329. Ex. Ord. No. 10513, Jan. 19, 1954, 19 F.R. 369, revoked by Ex. Ord. No. 13245, § 4, Dec. 8, 2001, 66 F.R. 66269.
|
||||
|
||||
Department of State Ex. Ord. No. 13251, Dec. 28, 2001, 67 F.R. 1599, as amended by Ex. Ord. No. 13261, § 4(i), Mar. 19, 2002, 67 F.R. 13244. Ex. Ord. No. 12343, Jan. 27, 1982, 47 F.R. 4225, revoked by Ex. Ord. No. 13251, § 4, Dec. 28, 2001, 67 F.R. 1599.
|
||||
|
||||
Department of the Air Force Ex. Ord. No. 12909, Apr. 22, 1994, 59 F.R. 21909.
|
||||
|
||||
Department of the Army Ex. Ord. No. 12908, Apr. 22, 1994, 59 F.R. 21907.
|
||||
|
||||
Department of the Interior Ex. Ord. No. 13915, Apr. 14, 2020, 85 F.R. 21733. Ex. Ord. No. 13244, Dec. 18, 2001, 66 F.R. 66267, as amended by Ex. Ord. No. 13261, § 4(d), Mar. 19, 2002, 67 F.R. 13244, revoked by Ex. Ord. No. 13915, § 4, Apr. 14, 2020, 85 F.R. 21734. Ex. Ord. No. 11487, Oct. 6, 1969, 34 F.R. 15593, as amended by Pub. L. 101–509, title V, § 529 [title I, § 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454, revoked by Ex. Ord. No. 13244, § 4, Dec. 18, 2001, 66 F.R. 66267.
|
||||
|
||||
Department of the Navy Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929.
|
||||
|
||||
Department of the Treasury Ex. Ord. No. 14137, Jan. 3, 2025, 90 F.R. 2583, revoked by Ex. Ord. No. 14148, § 2(mmm), Jan. 20, 2025, 90 F.R. 8240. Ex. Ord. No. 13735, Aug. 12, 2016, 81 F.R. 54709, revoked by Ex. Ord. No. 14137, § 3, Jan. 3, 2025, 90 F.R. 2583. Ex. Ord. No. 13246, Dec. 18, 2001, 66 F.R. 66270, as amended by Ex. Ord. No. 13261, § 4(f), Mar. 19, 2002, 67 F.R. 13244, revoked by Ex. Ord. No. 13735, § 4, Aug. 12, 2016, 81 F.R. 54709. Ex. Ord. No. 11822, Dec. 10, 1974, 39 F.R. 43275, revoked by Ex. Ord. No. 13246, § 4, Dec. 18, 2001, 66 F.R. 66270.
|
||||
|
||||
Department of Transportation Ex. Ord. No. 13485, Jan. 9, 2009, 74 F.R. 2287.
|
||||
|
||||
Department of Veterans Affairs Ex. Ord. No. 13736, Aug. 12, 2016, 81 F.R. 54711. Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, as amended by Ex. Ord. No. 13261, § 4(g), Mar. 19, 2002, 67 F.R. 13244, revoked by Ex. Ord. No. 13736, § 3(a), (b), Aug. 12, 2016, 81 F.R. 54711. Memorandum of President of the United States, Feb. 12, 2003, 68 F.R. 10141, revoked by Ex. Ord. No. 13736, § 3(d), Aug. 12, 2016, 81 F.R. 54711.
|
||||
|
||||
Environmental Protection Agency Ex. Ord. No. 13973, Jan. 8, 2021, 86 F.R. 3733. Ex. Ord. No. 13763, Jan. 13, 2017, 82 F.R. 7621, revoked by Ex. Ord. No. 13973, § 3, Jan. 8, 2021, 86 F.R. 3734. Ex. Ord. No. 13737, Aug. 12, 2016, 81 F.R. 54713, revoked by Ex. Ord. No. 13763, § 3, Jan. 13, 2017, 82 F.R. 7622. Ex. Ord. No. 13614, May 21, 2012, 77 F.R. 31157, revoked by Ex. Ord. No. 13737, § 3, Aug. 12, 2016, 81 F.R. 54714. Ex. Ord. No. 13261, Mar. 19, 2002, 67 F.R. 13243, as amended by Ex. Ord. No. 13344, July 7, 2004, 69 F.R. 41747, revoked by Ex. Ord. No. 13614, § 3, May 21, 2012, 77 F.R. 31157, amended by Ex. Ord. No. 13736, § 3(b), Aug. 12, 2016, 81 F.R. 54711.
|
||||
|
||||
Federal Bureau of Investigation Memorandum of President of the United States, Feb. 9, 2007, 72 F.R. 7343.
|
||||
|
||||
Federal Emergency Management Agency Memorandum of President of the United States, Nov. 26, 2002, 67 F.R. 79513, terminated upon the transfer of the authorities, functions, personnel, and assets of the Federal Emergency Management Agency to the Department of Homeland Security.
|
||||
|
||||
Federal Mediation and Conciliation Service Memorandum of President of the United States, Jan. 13, 2017, 82 F.R. 7629. Memorandum of President of the United States, Dec. 23, 2016, 81 F.R. 96333. Memorandum of President of the United States, Oct. 17, 2014, 79 F.R. 63803.
|
||||
|
||||
General Services Administration Memorandum of President of the United States, Sept. 2, 2020, 85 F.R. 55585. Memorandum of President of the United States, Sept. 20, 2013, 78 F.R. 59161, revoked by Memorandum of President of the United States, § 3, Sept. 2, 2020, 85 F.R. 55585.
|
||||
|
||||
Millennium Challenge Corporation Memorandum of President of the United States, May 21, 2012, 77 F.R. 31161.
|
||||
|
||||
National Aeronautics and Space Administration Memorandum of President of the United States, Jan. 16, 2009, 74 F.R. 4099.
|
||||
|
||||
National Archives and Records Administration Memorandum of President of the United States, Dec. 23, 2016, 81 F.R. 96331. Memorandum of President of the United States, May 21, 2012, 77 F.R. 31163, revoked by Memorandum of President of the United States, § 3, Dec. 23, 2016, 81 F.R. 96331.
|
||||
|
||||
National Endowment for the Arts Memorandum of President of the United States, Dec. 23, 2016, 81 F.R. 96335.
|
||||
|
||||
National Endowment for the Humanities Memorandum of President of the United States, Aug. 12, 2016, 81 F.R. 54717.
|
||||
|
||||
Office of Management and Budget Ex. Ord. No. 14138, Jan. 3, 2025, 90 F.R. 2585, revoked by Ex. Ord. No. 14148, § 2(nnn), Jan. 20, 2025, 90 F.R. 8240. Ex. Ord. No. 13615, May 21, 2012, 77 F.R. 31159, revoked by Ex. Ord. No. 14138, § 3, Jan. 3, 2025, 90 F.R. 2585. Ex. Ord. No. 13370, Jan. 13, 2005, 70 F.R. 3137, revoked by Ex. Ord. No. 13615, § 3, May 21, 2012, 77 F.R. 31159.
|
||||
|
||||
Office of the National Cyber Director Ex. Ord. No. 14139, Jan. 3, 2025, 90 F.R. 2587, revoked by Ex. Ord. No. 14148, § 2(ooo), Jan. 20, 2025, 90 F.R. 8240.
|
||||
|
||||
Office of Personnel Management Memorandum of President of the United States, Jan. 3, 2025, 90 F.R. 2595, revoked by Ex. Ord. No. 14148, § 2(qqq), Jan. 20, 2025, 90 F.R. 8240. Memorandum of President of the United States, Dec. 10, 2020, 85 F.R. 81775, revoked by Memorandum of President of the United States, § 3, Jan. 3, 2025, 90 F.R. 2595. Memorandum of President of the United States, Aug. 12, 2016, 81 F.R. 54715, revoked by Memorandum of President of the United States, § 3, Dec. 10, 2020, 85 F.R. 81775. Memorandum of President of the United States, May 21, 2012, 77 F.R. 31165, revoked by Memorandum of President of the United States, § 3, Aug. 12, 2016, 81 F.R. 54715. Memorandum of President of the United States, May 5, 2005, 70 F.R. 28773, superseded by Memorandum of President of the United States, May 21, 2012, 77 F.R. 31165. Memorandum of President of the United States, Mar. 11, 2003, 68 F.R. 12281, superseded by Memorandum of President of the United States, May 5, 2005, 70 F.R. 28773.
|
||||
|
||||
Office of Science and Technology Policy Memorandum of President of the United States, Jan. 3, 2025, 90 F.R. 2597, revoked by Ex. Ord. No. 14148, § 2(rrr), Jan. 20, 2025, 90 F.R. 8240. Memorandum of President of the United States, Jan. 13, 2017, 82 F.R. 7625, revoked by Memorandum of President of the United States, § 3, Jan. 3, 2025, 90 F.R. 2597. Memorandum of President of the United States, Aug. 5, 2009, 74 F.R. 39871, revoked by Memorandum of President of the United States, § 3, Jan. 13, 2017, 82 F.R. 7625.
|
||||
|
||||
Office of the Director of National Intelligence Memorandum of President of the United States, Sept. 20, 2013, 78 F.R. 59159. Memorandum of President of the United States, Mar. 8, 2011, 76 F.R. 13499, revoked by Memorandum of President of the United States, § 4, Sept. 20, 2013, 78 F.R. 59159. Memorandum of President of the United States, Oct. 3, 2008, 73 F.R. 58869, revoked by Memorandum of President of the United States, § 5, Mar. 8, 2011, 76 F.R. 13499. Memorandum of President of the United States, Dec. 20, 2005, 70 F.R. 76375, superseded by Memorandum of President of the United States, § 4, Oct. 3, 2008, 73 F.R. 58869.
|
||||
|
||||
Office of the United States Trade Representative Memorandum of President of the United States, Feb. 20, 2007, 72 F.R. 8085.
|
||||
|
||||
Overseas Private Investment Corporation Memorandum of President of the United States, June 6, 2011, 76 F.R. 33613. Memorandum of President of the United States, Jan. 16, 2009, 74 F.R. 4101, revoked by Memorandum of President of the United States, § 3, June 6, 2011, 76 F.R. 33613.
|
||||
|
||||
Pension Benefit Guaranty Corporation Memorandum of President of the United States, Apr. 2, 2020, 85 F.R. 19637. Memorandum of President of the United States, Feb. 1, 2013, 78 F.R. 8953, revoked by Memorandum of President of the United States, § 3, Apr. 2, 2020, 85 F.R. 19637. Memorandum of President of the United States, Dec. 9, 2008, 73 F.R. 75533, superseded by Memorandum of President of the United States, § 3, Feb. 1, 2013, 78 F.R. 8953.
|
||||
|
||||
Social Security Administration Memorandum of President of the United States, Dec. 23, 2016, 81 F.R. 96337. Memorandum of President of the United States, Oct. 17, 2014, 79 F.R. 63805, revoked by Memorandum of President of the United States, § 3, Dec. 23, 2016, 81 F.R. 96337. Memorandum of President of the United States, Oct. 17, 2008, 73 F.R. 62845, revoked by Memorandum of President of the United States, § 3, Oct. 17, 2014, 79 F.R. 63805. Memorandum of President of the United States, Apr. 17, 2006, 71 F.R. 20333, superseded by Memorandum of President of the United States, § 3, Oct. 17, 2008, 73 F.R. 62845.
|
||||
|
||||
United States Agency for Global Media Memorandum of President of the United States, Jan. 3, 2025, 90 F.R. 2599, revoked by Ex. Ord. No. 14148, § 2(sss), Jan. 20, 2025, 90 F.R. 8240.
|
||||
|
||||
United States Agency for International Development Memorandum of President of the United States, Jan. 3, 2025, 90 F.R. 2601, revoked by Ex. Ord. No. 14148, § 2(ttt), Jan. 20, 2025, 90 F.R. 8240. Memorandum of President of the United States, Dec. 9, 2008, 73 F.R. 75535, revoked by Memorandum of President of the United States, § 3, Jan. 3, 2025, 90 F.R. 2601.
|
||||
|
||||
United States Section, International Boundary and Water Commission, United States and Mexico Memorandum of President of the United States, Aug. 31, 2009, 74 F.R. 45533.
|
||||
|
||||
United States International Development Finance Corporation Memorandum of President of the United States, Jan. 3, 2025, 90 F.R. 2603, revoked by Ex. Ord. No. 14148, § 2(uuu), Jan. 20, 2025, 90 F.R. 8240. Memorandum of President of the United States, Jan. 8, 2021, 86 F.R. 2949, revoked by Memorandum of President of the United States, § 3, Jan. 3, 2025, 90 F.R. 2603.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3346"
|
||||
description: "Time limitation"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3346"
|
||||
citation: "5 U.S.C. § 3346"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3346"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3346 - Time limitation
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office—
|
||||
|
||||
(1) for no longer than 210 days beginning on the date the vacancy occurs; or
|
||||
|
||||
(2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.
|
||||
|
||||
(b) (1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return.
|
||||
|
||||
(2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve—
|
||||
|
||||
(A) until the second nomination is confirmed; or
|
||||
|
||||
(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.
|
||||
|
||||
(c) If a vacancy occurs during an adjournment of the Congress sine die, the 210-day period under subsection (a) shall begin on the date that the Senate first reconvenes.
|
||||
|
||||
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–612.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3346, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426, provided for details to subordinate offices, prior to repeal by Pub. L. 105–277, div. C, title I, § 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681–611, 2681–616, effective 30 days after Oct. 21, 1998. See section 3345 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3347"
|
||||
description: "Exclusivity"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3347"
|
||||
citation: "5 U.S.C. § 3347"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
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|
||||
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|
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|
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3347 - Exclusivity
|
||||
|
||||
## Text
|
||||
|
||||
(a) Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any office of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) for which appointment is required to be made by the President, by and with the advice and consent of the Senate, unless—
|
||||
|
||||
(1) a statutory provision expressly—
|
||||
|
||||
(A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
|
||||
|
||||
(B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
|
||||
|
||||
(2) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution.
|
||||
|
||||
(b) Any statutory provision providing general authority to the head of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) to delegate duties statutorily vested in that agency head to, or to reassign duties among, officers or employees of such Executive agency, is not a statutory provision to which subsection (a)(1) applies.
|
||||
|
||||
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–613; amended Pub. L. 106–31, title V, § 5011, May 21, 1999, 113 Stat. 112; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3347, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426, provided for Presidential authority relating to details, prior to repeal by Pub. L. 105–277, div. C, title I, § 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681–611, 2681–616, effective 30 days after Oct. 21, 1998. See section 3345 of this title.
|
||||
|
||||
Amendments2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions of subsec. (a) and in subsec. (b). 1999—Subsec. (b). Pub. L. 106–31 substituted “subsection (a)(1)” for “subsection (a)(2)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.
|
||||
@@ -0,0 +1,85 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3348"
|
||||
description: "Vacant office"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3348"
|
||||
citation: "5 U.S.C. § 3348"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3348 - Vacant office
|
||||
|
||||
## Text
|
||||
|
||||
(a) In this section—
|
||||
|
||||
(1) the term “action” includes any agency action as defined under section 551(13); and
|
||||
|
||||
(2) the term “function or duty” means any function or duty of the applicable office that—
|
||||
|
||||
(A) (i) is established by statute; and
|
||||
|
||||
(ii) is required by statute to be performed by the applicable officer (and only that officer); or
|
||||
|
||||
(B) (i) (I) is established by regulation; and
|
||||
|
||||
(II) is required by such regulation to be performed by the applicable officer (and only that officer); and
|
||||
|
||||
(ii) includes a function or duty to which clause (i)(I) and (II) applies, and the applicable regulation is in effect at any time during the 180-day period preceding the date on which the vacancy occurs.
|
||||
|
||||
(b) Unless an officer or employee is performing the functions and duties in accordance with sections 3345, 3346, and 3347, if an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
|
||||
|
||||
(1) the office shall remain vacant; and
|
||||
|
||||
(2) in the case of an office other than the office of the head of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office), only the head of such Executive agency may perform any function or duty of such office.
|
||||
|
||||
(c) If the last day of any 210-day period under section 3346 is a day on which the Senate is not in session, the second day the Senate is next in session and receiving nominations shall be deemed to be the last day of such period.
|
||||
|
||||
(d) (1) An action taken by any person who is not acting under section 3345, 3346, or 3347, or as provided by subsection (b), in the performance of any function or duty of a vacant office to which this section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c apply shall have no force or effect.
|
||||
|
||||
(2) An action that has no force or effect under paragraph (1) may not be ratified.
|
||||
|
||||
(e) This section shall not apply to—
|
||||
|
||||
(1) the General Counsel of the National Labor Relations Board;
|
||||
|
||||
(2) the General Counsel of the Federal Labor Relations Authority;
|
||||
|
||||
(3) any Inspector General appointed by the President, by and with the advice and consent of the Senate;
|
||||
|
||||
(4) any Chief Financial Officer appointed by the President, by and with the advice and consent of the Senate; or
|
||||
|
||||
(5) an office of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) if a statutory provision expressly prohibits the head of the Executive agency from performing the functions and duties of such office.
|
||||
|
||||
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–613; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3348, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426; Pub. L. 100–398, § 7(b), Aug. 17, 1988, 102 Stat. 988, provided for time limitations relating to details, prior to repeal by Pub. L. 105–277, div. C, title I, § 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681–611, 2681–616, effective 30 days after Oct. 21, 1998. See section 3346 of this title.
|
||||
|
||||
Amendments2004—Subsec. (b). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places. Subsec. (e)(5). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3349"
|
||||
description: "Reporting of vacancies"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3349"
|
||||
citation: "5 U.S.C. § 3349"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
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|
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|
||||
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3349 - Reporting of vacancies
|
||||
|
||||
## Text
|
||||
|
||||
(a) The head of each Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) shall submit to the Comptroller General of the United States and to each House of Congress—
|
||||
|
||||
(1) notification of a vacancy in an office to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply and the date such vacancy occurred immediately upon the occurrence of the vacancy;
|
||||
|
||||
(2) the name of any person serving in an acting capacity and the date such service began immediately upon the designation;
|
||||
|
||||
(3) the name of any person nominated to the Senate to fill the vacancy and the date such nomination is submitted immediately upon the submission of the nomination; and
|
||||
|
||||
(4) the date of a rejection, withdrawal, or return of any nomination immediately upon such rejection, withdrawal, or return.
|
||||
|
||||
(b) If the Comptroller General of the United States makes a determination that an officer is serving longer than the 210-day period including the applicable exceptions to such period under section 3346 or section 3349a, the Comptroller General shall report such determination immediately to—
|
||||
|
||||
(1) the Committee on Governmental Affairs of the Senate;
|
||||
|
||||
(2) the Committee on Government Reform and Oversight of the House of Representatives;
|
||||
|
||||
(3) the Committees on Appropriations of the Senate and House of Representatives;
|
||||
|
||||
(4) the appropriate committees of jurisdiction of the Senate and House of Representatives;
|
||||
|
||||
(5) the President; and
|
||||
|
||||
(6) the Office of Personnel Management.
|
||||
|
||||
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–614; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3349, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426, provided for restrictions relating to details to fill vacancies, prior to repeal by Pub. L. 105–277, div. C, title I, § 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681–611, 2681–616, effective 30 days after Oct. 21, 1998. See section 3347 of this title.
|
||||
|
||||
Amendments2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
|
||||
|
||||
Effective DateSection effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3349a"
|
||||
description: "Presidential inaugural transitions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3349a"
|
||||
citation: "5 U.S.C. § 3349a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3349a"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "217e939dfe825360cce4a92c4bb0f3b67e7f14e83eca972a2ef4c2a050d5c614"
|
||||
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|
||||
text_hash: "7c939c30287aa0aeecf0b3f3fda4f35345794f3ff6ad702d71751cc13d935e40"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3349a - Presidential inaugural transitions
|
||||
|
||||
## Text
|
||||
|
||||
(a) In this section, the term “transitional inauguration day” means the date on which any person swears or affirms the oath of office as President, if such person is not the President on the date preceding the date of swearing or affirming such oath of office.
|
||||
|
||||
(b) With respect to any vacancy that exists during the 60-day period beginning on a transitional inauguration day, the 210-day period under section 3346 or 3348 shall be deemed to begin on the later of the date occurring—
|
||||
|
||||
(1) 90 days after such transitional inauguration day; or
|
||||
|
||||
(2) 90 days after the date on which the vacancy occurs.
|
||||
|
||||
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–615.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3349b"
|
||||
description: "Holdover provisions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3349b"
|
||||
citation: "5 U.S.C. § 3349b"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3349b"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "2f1b61bd202d9882cc0ca748995668c046443a8565cc9dc4e11a17eca5a70e80"
|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3349b - Holdover provisions
|
||||
|
||||
## Text
|
||||
|
||||
Sections 3345 through 3349a shall not be construed to affect any statute that authorizes a person to continue to serve in any office—
|
||||
|
||||
(1) after the expiration of the term for which such person is appointed; and
|
||||
|
||||
(2) until a successor is appointed or a specified period of time has expired.
|
||||
|
||||
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–615.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3349c"
|
||||
description: "Exclusion of certain officers"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3349c"
|
||||
citation: "5 U.S.C. § 3349c"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3349c"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
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source_hash: "47eca22accae0cd33591f630ac91c4fa1205bd03f613a4e45c4f3e2f28bae80e"
|
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|
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text_hash: "6f21c811227dbd38a71fbf94be98311d1f17e017206fc01ee7b9bebdea07e45b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3349c - Exclusion of certain officers
|
||||
|
||||
## Text
|
||||
|
||||
Sections 3345 through 3349b shall not apply to—
|
||||
|
||||
(1) any member who is appointed by the President, by and with the advice and consent of the Senate to any board, commission, or similar entity that—
|
||||
|
||||
(A) is composed of multiple members; and
|
||||
|
||||
(B) governs an independent establishment or Government corporation;
|
||||
|
||||
(2) any commissioner of the Federal Energy Regulatory Commission;
|
||||
|
||||
(3) any member of the Surface Transportation Board; or
|
||||
|
||||
(4) any judge appointed by the President, by and with the advice and consent of the Senate, to a court constituted under article I of the United States Constitution.
|
||||
|
||||
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–615.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3349d"
|
||||
description: "Notification of intent to nominate during certain recesses or adjournments"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3349d"
|
||||
citation: "5 U.S.C. § 3349d"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3349d"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
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source_hash: "0fdea15f2fee012ba34b97de6084590ad718a8f2de7fa2a68e534fababd7e3b2"
|
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raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
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text_hash: "91b4319d4d5ccbbac449b456fe8eab7eacb3c1b92ff733e0fb372fe35d888a85"
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||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3349d - Notification of intent to nominate during certain recesses or adjournments
|
||||
|
||||
## Text
|
||||
|
||||
(a) The submission to the Senate, during a recess or adjournment of the Senate in excess of 15 days, of a written notification by the President of the President’s intention to submit a nomination after the recess or adjournment shall be considered a nomination for purposes of sections 3345 through 3349c if such notification contains the name of the proposed nominee and the office for which the person is nominated.
|
||||
|
||||
(b) If the President does not submit a nomination of the person named under subsection (a) within 2 days after the end of such recess or adjournment, effective after such second day the notification considered a nomination under subsection (a) shall be treated as a withdrawn nomination for purposes of sections 3345 through 3349c.
|
||||
|
||||
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–615.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3349e"
|
||||
description: "Presidential explanation of failure to nominate an inspector general"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3349e"
|
||||
citation: "5 U.S.C. § 3349e"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3349e"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "c3fc4f373cc89698ed28f59f45a0915cbf4c03fa735dabcb4d9497bf0aa51a1c"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "291cd73eee2ba4a2a1fd267df24ca8e6def262ca4fb2430630e3f4b7d01d3019"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3349e - Presidential explanation of failure to nominate an inspector general
|
||||
|
||||
## Text
|
||||
|
||||
If the President fails to make a formal nomination for a vacant inspector general position that requires a formal nomination by the President to be filled within the period beginning on the later of the date on which the vacancy occurred or on which a nomination is rejected, withdrawn, or returned, and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period and not later than June 1 of each year thereafter, to the appropriate congressional committees, as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) 11 See References in Text note below.—
|
||||
|
||||
(1) the reasons why the President has not yet made a formal nomination; and
|
||||
|
||||
(2) a target date for making a formal nomination.
|
||||
|
||||
(Added Pub. L. 117–263, div. E, title LII, § 5221(a), Dec. 23, 2022, 136 Stat. 3234.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 12 of the Inspector General Act of 1978, referred to in text, is section 12 of Pub. L. 95–452, which was set out in the Appendix to this title and was repealed and restated as section 401 of this title by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4207, 4361. For definition of “appropriate congressional committees”, see Amendments Not Shown in Text note set out under section 401 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 117–263, div. E, title LII, § 5221(c), Dec. 23, 2022, 136 Stat. 3234, provided that: “The amendment made by subsection (a) [enacting this section] shall take effect— “(1) on the date of enactment of this Act [Dec. 23, 2022] with respect to any vacancy first occurring on or after that date; and “(2) on the day that is 210 days after the date of enactment of this Act with respect to any vacancy that occurred before the date of enactment of this Act.”
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3351"
|
||||
description: "Preference eligibles; transfer; physical qualifications; waiver"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3351"
|
||||
citation: "5 U.S.C. § 3351"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3351"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "ad5156f1e5fe550149af972c9a304834985c463e450d4d50d7e5f9f3f7f20b30"
|
||||
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|
||||
text_hash: "a8ac0838788b19df59d39d2ef1706fc422041abd1ea61336192d95e3ce8c196f"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3351 - Preference eligibles; transfer; physical qualifications; waiver
|
||||
|
||||
## Text
|
||||
|
||||
In determining qualifications of a preference eligible for transfer to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management or other examining agency shall waive—
|
||||
|
||||
(1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and
|
||||
|
||||
(2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.
|
||||
|
||||
This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426; Pub. L. 94–183, § 2(4), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 854 (1st 2 sentences, so much as relates to transfer).June 27, 1944, ch. 287, § 5 (1st 2 sentences, so much as relates to transfer), 58 Stat. 388. The section is restated to conform to section 3312. The words “in the competitive service, an Executive agency, or the government of the District of Columbia” are added on authority of former sections 851, 858, and 869, which are carried into this title. The last sentence is added on authority of former section 869. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively. 1975—Pub. L. 94–183 struck out “, except an appointment made under section 3311 of title 39” after “or made with the advice and consent of, the Senate”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3352"
|
||||
description: "Preference in transfers for employees making certain disclosures"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3352"
|
||||
citation: "5 U.S.C. § 3352"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3352"
|
||||
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|
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|
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|
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3352 - Preference in transfers for employees making certain disclosures
|
||||
|
||||
## Text
|
||||
|
||||
(a) Subject to the provisions of subsections (d) and (e), in filling a position within any Executive agency, the head of such agency may give preference to any employee of such agency, or any other Executive agency, to transfer to a position of the same status and tenure as the position of such employee on the date of applying for a transfer under subsection (b) if—
|
||||
|
||||
(1) such employee is otherwise qualified for such position;
|
||||
|
||||
(2) such employee is eligible for appointment to such position; and
|
||||
|
||||
(3) the Merit Systems Protection Board makes a determination under the provisions of chapter 12 that a prohibited personnel action described under section 2302(b)(8) was taken against such employee.
|
||||
|
||||
(b) An employee who meets the conditions described under subsection (a)(1), (2), and (3) may voluntarily apply for a transfer to a position, as described in subsection (a), within the Executive agency employing such employee or any other Executive agency.
|
||||
|
||||
(c) If an employee applies for a transfer under the provisions of subsection (b) and the selecting official rejects such application, the selecting official shall provide the employee with a written notification of the reasons for the rejection within 30 days after receiving such application.
|
||||
|
||||
(d) An employee whose application for transfer is rejected under the provisions of subsection (c) may request the head of such agency to review the rejection. Such request for review shall be submitted to the head of the agency within 30 days after the employee receives notification under subsection (c). Within 30 days after receiving a request for review, the head of the agency shall complete the review and provide a written statement of findings to the employee and the Merit Systems Protection Board.
|
||||
|
||||
(e) The provisions of subsection (a) shall apply with regard to any employee—
|
||||
|
||||
(1) for no more than 1 transfer;
|
||||
|
||||
(2) for a transfer from or within the agency such employee is employed at the time of a determination by the Merit Systems Protection Board that a prohibited personnel action as described under section 2302(b)(8) was taken against such employee; and
|
||||
|
||||
(3) no later than 18 months after such a determination is made by the Merit Systems Protection Board.
|
||||
|
||||
(f) Notwithstanding the provisions of subsection (a), no preference may be given to any employee applying for a transfer under subsection (b), with respect to a preference eligible (as defined under section 2108(3)) applying for the same position.
|
||||
|
||||
(Added Pub. L. 101–12, § 5(a), Apr. 10, 1989, 103 Stat. 32.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as an Effective Date of 1989 Amendment note under section 1201 of this title.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3361"
|
||||
description: "Promotion; competitive service; examination"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3361"
|
||||
citation: "5 U.S.C. § 3361"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3361 - Promotion; competitive service; examination
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— An individual may be promoted in the competitive service only if he has passed an examination or is specifically excepted from examination under section 3302 of this title. This section does not take from the President any authority conferred by section 3301 of this title that is consistent with the provisions of this title governing the competitive service.
|
||||
|
||||
(b) DOD Promotions.— Promotions in the competitive service within the Department of Defense may be made based on demonstrated skills and qualifications without regard to minimum time-in-grade requirements, subject to agency policies and applicable merit system principles.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426; Pub. L. 119–60, div. A, title XI, § 1110(c), Dec. 18, 2025, 139 Stat. 1076.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 638 (as applicable to promotion).Jan. 16, 1883, ch. 27, § 7 (as applicable to promotion), 22 Stat. 406. The words “That after the expiration of six months from the passage of this act” are omitted as executed. The words “in the competitive service” are substituted for “in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules” because of the definition of “competitive service” in section 2102. In the second sentence, the words “the provisions of this title governing the competitive service” are substituted for “this act”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Pub. L. 119–60 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3362"
|
||||
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|
||||
jurisdiction: "us"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3362"
|
||||
citation: "5 U.S.C. § 3362"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3362"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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||||
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text_hash: "0a72f50e86b7e5014436bb4396d41a70acfa7686c61c05a80745cdb6a437bc8b"
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3362 - Promotion; effect of incentive award
|
||||
|
||||
## Text
|
||||
|
||||
An agency, in qualifying and selecting an employee for promotion, shall give due weight to an incentive award under chapter 45 of this title. For the purpose of this section, “agency” and “employee” have the meanings given them by section 4501 of this title.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2123(f).Sept. 1, 1954, ch. 1208, § 304(f), 68 Stat. 1113. The word “incentive” is added for clarification. The second sentence is added on authority of former section 2122, which is carried into section 4501. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3363"
|
||||
description: "Preference eligibles; promotion; physical qualifications; waiver"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3363"
|
||||
citation: "5 U.S.C. § 3363"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3363"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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||||
source_hash: "6da69f765fb312dc8c8f351f8fc95ce7ab303f23e83c7923e1ca38fcae73af92"
|
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text_hash: "8aa1499e1cf32c375e2e9b2b53c5e151c92cb7c10fd0840baccc49c9dfe49646"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3363 - Preference eligibles; promotion; physical qualifications; waiver
|
||||
|
||||
## Text
|
||||
|
||||
In determining qualifications of a preference eligible for promotion to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management or other examining agency shall waive—
|
||||
|
||||
(1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and
|
||||
|
||||
(2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.
|
||||
|
||||
This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 427; Pub. L. 94–183, § 2(5), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 854 (1st 2 sentences, so much as relates to promotion).June 27, 1944, ch. 287, § 5 (1st 2 sentences, so much as relates to promotion), 58 Stat. 388. The section is restated to conform to section 3312. The words “in the competitive service, an Executive agency, or the government of the District of Columbia” are added on authority of former sections 851, 858, and 869, which are carried into this title. The last sentence is added on authority of former section 869. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively. 1975—Pub. L. 94–183 struck out “, except an appointment made under section 3311 of title 39” after “or made with the advice and consent of, the Senate”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3364"
|
||||
description: "Repealed. Pub. L. 94–183, § 2(6), Dec. 31, 1975, 89 Stat. 1057]"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3364"
|
||||
citation: "5 U.S.C. § 3364"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3364"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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||||
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|
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||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3364 - Repealed. Pub. L. 94–183, § 2(6), Dec. 31, 1975, 89 Stat. 1057]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 427, related to promotion to regular force of substitute employees in postal field service.
|
||||
@@ -0,0 +1,85 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3371"
|
||||
description: "Definitions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3371"
|
||||
citation: "5 U.S.C. § 3371"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3371"
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source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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||||
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|
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text_hash: "084043a940e2a27d19ea104e39c32f634a38729905ae906e2c39221cb5574144"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3371 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of this subchapter—
|
||||
|
||||
(1) “State” means—
|
||||
|
||||
(A) a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and a territory or possession of the United States; and
|
||||
|
||||
(B) an instrumentality or authority of a State or States as defined in subparagraph (A) of this paragraph (1) and a Federal-State authority or instrumentality;
|
||||
|
||||
(2) “local government” means—
|
||||
|
||||
(A) any political subdivision, instrumentality, or authority of a State or States as defined in subparagraph (A) of paragraph (1);
|
||||
|
||||
(B) any general or special purpose agency of such a political subdivision, instrumentality, or authority; and
|
||||
|
||||
(C) any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and includes any tribal organization as defined in section 4 of the Indian Self-Determination and Education Assistance Act;
|
||||
|
||||
(3) “Federal agency” means an Executive agency, military department, a court of the United States, the Administrative Office of the United States Courts, the Library of Congress, the Botanic Garden, the Government Publishing Office, the Congressional Budget Office, the United States Postal Service, the Postal Regulatory Commission, the Office of the Architect of the Capitol, the Office of Technology Assessment, and such other similar agencies of the legislative and judicial branches as determined appropriate by the Office of Personnel Management; and
|
||||
|
||||
(4) “other organization” means—
|
||||
|
||||
(A) a national, regional, State-wide, area-wide, or metropolitan organization representing member State or local governments;
|
||||
|
||||
(B) an association of State or local public officials;
|
||||
|
||||
(C) a nonprofit organization which has as one of its principal functions the offering of professional advisory, research, educational, or development services, or related services, to governments or universities concerned with public management; or
|
||||
|
||||
(D) a federally funded research and development center.
|
||||
|
||||
(Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1920; amended Pub. L. 93–638, title I, § 104(a), formerly § 105(a), Jan. 4, 1975, 88 Stat. 2208, renumbered § 104(a), Pub. L. 100–472, title II, § 203(a), Oct. 5, 1988, 102 Stat. 2290; Pub. L. 95–454, title VI, § 603(a), Oct. 13, 1978, 92 Stat. 1189; Pub. L. 100–472, title II, § 203(b), Oct. 5, 1988, 102 Stat. 2290; Pub. L. 101–301, § 2(c), May 24, 1990, 104 Stat. 207; Pub. L. 103–337, div. A, title X, § 1068(a), Oct. 5, 1994, 108 Stat. 2852; Pub. L. 109–435, title VI, § 604(b), Dec. 20, 2006, 120 Stat. 3241; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Alaska Native Claims Settlement Act, referred to in par. (2)(C), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. Section 4 of the Indian Self-Determination and Education Assistance Act, referred to in par. (2)(C), is classified to section 5304 of Title 25, Indians.
|
||||
|
||||
Amendments2006—Par. (3). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”. 1994—Par. (4)(D). Pub. L. 103–337 added subpar. (D). 1990—Par. (2)(C). Pub. L. 101–301 substituted “section 4” for “section 4(m)”. 1988—Par. (2)(C). Pub. L. 100–472, § 203(b), amended Pub. L. 93–638, by substituting “section 4(m)” for “section 4(c)” in the provision it added as par. (2)(C) of this section. See 1975 Amendment note below. 1978—Par. (1)(A). Pub. L. 95–454, § 603(a)(1), inserted reference to the Trust Territory of the Pacific Islands. Pars. (3), (4). Pub. L. 95–454, § 603(a)(2), added pars. (3) and (4). 1975—Par. (2)(C). Pub. L. 93–638, as amended by Pub. L. 100–472, § 203(b), added par. (2)(C).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name “Government Publishing Office” substituted for “Government Printing Office” in par. (3) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective DatePub. L. 91–648, title IV, § 404, Jan. 5, 1971, 84 Stat. 1925, provided that: “This title [enacting this subchapter and repealing sections 1881 to 1888 of Title 7, Agriculture, section 869b of Title 20, Education, and section 246(f) of Title 42, The Public Health and Welfare, (less applicability to commissioned officers of the Public Health Service)] shall become effective sixty days after the date of enactment of this Act [Jan. 5, 1971].”
|
||||
|
||||
Employee Exchange Program Between Federal Employees and Employees of State and Local GovernmentsPub. L. 108–196, § 3, Dec. 19, 2003, 117 Stat. 2896, provided that: “(a) Definitions.—In this section—“(1) the term ‘employing agency’ means the Federal, State, or local government agency with which the participating employee was employed before an assignment under the Program; “(2) the term ‘participating employee’ means an employee who is participating in the Program; and “(3) the term ‘Program’ means the employee exchange program established under subsection (b). “(b) Establishment.—The President shall establish an employee exchange program between Federal agencies that perform law enforcement functions and agencies of State and local governments that perform law enforcement functions. “(c) Conduct of Program.—The Program shall be conducted in accordance with subchapter VI of chapter 33 of title 5, United States Code. “(d) Qualifications.—An employee of an employing agency who performs law enforcement functions may be selected to participate in the Program if the employee—“(1) has been employed by that employing agency for a period of more than 3 years; “(2) has had appropriate training or experience to perform the work required by the assignment; “(3) has had an overall rating of satisfactory or higher on performance appraisals from the employing agency during the 3-year period before being assigned to another agency under this section; and “(4) agrees to return to the employing agency after completing the assignment for a period not less than the length of the assignment. “(e) Written Agreement.—An employee shall enter into a written agreement regarding the terms and conditions of the assignment before beginning the assignment with another agency.”
|
||||
|
||||
Declaration of PurposePub. L. 91–648, title IV, § 401, Jan. 5, 1971, 84 Stat. 1920, as amended by Pub. L. 95–454, title VI, § 602(b), Oct. 13, 1978, 92 Stat. 1189, provided that: “The purpose of this title [see Effective Date note above] is to provide for the temporary assignment of personnel between the Federal Government and State and local governments, institutions of higher education, and other organizations.”
|
||||
|
||||
Executive Documents
|
||||
|
||||
Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
|
||||
@@ -0,0 +1,77 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3372"
|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 3372"
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3372 - General provisions
|
||||
|
||||
## Text
|
||||
|
||||
(a) On request from or with the concurrence of a State or local government, and with the consent of the employee concerned, the head of a Federal agency may arrange for the assignment of—
|
||||
|
||||
(1) an employee of his agency, other than a noncareer appointee, limited term appointee, or limited emergency appointee (as such terms are defined in section 3132(a) of this title) in the Senior Executive Service and an employee in a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character, to a State or local government; and
|
||||
|
||||
(2) an employee of a State or local government to his agency;
|
||||
|
||||
for work of mutual concern to his agency and the State or local government that he determines will be beneficial to both. The period of an assignment under this subchapter may not exceed two years. However, the head of a Federal agency may extend the period of assignment for not more than two additional years. In the case of assignments made to Indian tribes or tribal organizations as defined in section 3371(2)(C) of this subchapter, the head of an executive agency may extend the period of assignment for any period of time where it is determined that this will continue to benefit both the executive agency and the Indian tribe or tribal organization. If the assigned employee fails to complete the period of assignment and there is another employee willing and available to do so, the Secretary may assign the employee to complete the period of assignment and may execute an agreement with the tribal organization with respect to the replacement employee. That agreement may provide for a different period of assignment as may be agreed to by the Secretary and the tribal organization.
|
||||
|
||||
(b) This subchapter is authority for and applies to the assignment of—
|
||||
|
||||
(1) an employee of a Federal agency to an institution of higher education;
|
||||
|
||||
(2) an employee of an institution of higher education to a Federal agency;
|
||||
|
||||
(3) an employee of a Federal agency to any other organization; and
|
||||
|
||||
(4) an employee of an other organization to a Federal agency.
|
||||
|
||||
(c) (1) An employee of a Federal agency may be assigned under this subchapter only if the employee agrees, as a condition of accepting an assignment under this subchapter, to serve in the civil service upon the completion of the assignment for a period equal to the length of the assignment.
|
||||
|
||||
(2) Each agreement required under paragraph (1) of this subsection shall provide that in the event the employee fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the Federal agency from which assigned) the employee shall be liable to the United States for payment of all expenses (excluding salary) of the assignment. The amount shall be treated as a debt due the United States.
|
||||
|
||||
(d) Where the employee is assigned to a tribal organization, the employee shall be eligible for promotions, periodic step-increases, and additional step-increases, as defined in chapter 53 of this title, on the same basis as other Federal employees.
|
||||
|
||||
(e) Under regulations prescribed pursuant to section 3376 of this title—
|
||||
|
||||
(1) an assignment of an employee of a Federal agency to an other organization or an institution of higher education, and an employee so assigned, shall be treated in the same way as an assignment of an employee of a Federal agency to a State or local government, and an employee so assigned, is treated under the provisions of this subchapter governing an assignment of an employee of a Federal agency to a State or local government, except that the rate of pay of an employee assigned to a federally funded research and development center may not exceed the rate of pay that such employee would be paid for continued service in the position in the Federal agency from which assigned; and
|
||||
|
||||
(2) an assignment of an employee of an other organization or an institution of higher education to a Federal agency, and an employee so assigned, shall be treated in the same way as an assignment of an employee of a State or local government to a Federal agency, and an employee so assigned, is treated under the provisions of this subchapter governing an assignment of an employee of a State or local government to a Federal agency.
|
||||
|
||||
(Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1921; amended Pub. L. 93–638, title I, § 104(k), (l), as added Pub. L. 100–472, title II, § 203(f), Oct. 5, 1988, 102 Stat. 2290; Pub. L. 95–454, title VI, § 603(b), (c), Oct. 13, 1978, 92 Stat. 1190; Pub. L. 98–146, title II, Nov. 4, 1983, 97 Stat. 946; Pub. L. 103–89, § 3(b)(1)(A), Sept. 30, 1993, 107 Stat. 981; Pub. L. 103–337, div. A, title X, § 1068(b), Oct. 5, 1994, 108 Stat. 2852.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Subsec. (e). Pub. L. 103–337 added subsec. (e). 1993—Subsec. (d). Pub. L. 103–89 substituted “and additional step-increases, as defined in chapter 53” for “additional step-increases, merit pay, and cash awards, as defined in chapters 53 and 54”. 1988—Subsecs. (a), (d). Pub. L. 100–472 added Pub. L. 93–638, § 104(k), (l). See 1975 Amendment note below. 1983—Subsec. (a). Pub. L. 98–146 inserted sentence providing that, in the case of assignments made to Indian tribes or tribal organizations as defined in section 3371(2)(C) of this title, the head of an executive agency may extend the period of assignment for any period of time where it is determined that this will continue to benefit both the executive agency and the Indian tribe or tribal organization. 1978—Subsec. (a). Pub. L. 95–454, § 603(b), (c)(1), substituted “a Federal” for “an executive” wherever appearing, and in cl. (1) inserted provisions relating to a noncareer appointee, limited term appointee, or limited emergency appointee, and an employee excepted from the competitive service. Subsec. (b). Pub. L. 95–454, § 603(b), (c)(2)–(4), in cls. (1) and (2) substituted “a Federal” for “an executive”, and added cls. (3) and (4). Subsec. (c). Pub. L. 95–454, § 603(c)(5), added subsec. (c). 1975—Subsec. (a). Pub. L. 93–638, § 104(k), as added by Pub. L. 100–472, inserted at end “If the assigned employee fails to complete the period of assignment and there is another employee willing and available to do so, the Secretary may assign the employee to complete the period of assignment and may execute an agreement with the tribal organization with respect to the replacement employee. That agreement may provide for a different period of assignment as may be agreed to by the Secretary and the tribal organization.” Subsec. (d). Pub. L. 93–638, § 104(l), as added by Pub. L. 100–472, added subsec. (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1993 AmendmentPub. L. 103–89, § 3(c), Sept. 30, 1993, 107 Stat. 983, provided that: “The amendments made by this section [amending this section and sections 4501, 4502, 5302, 5332, 5334 to 5336, 5361 to 5363, 5948, and 8473 of this title, sections 1602, 1732, and 1733 of Title 10, Armed Forces, and section 731 of Title 31, Money and Finance, repealing sections 4302a and 5401 to 5410 of this title, and amending provisions set out as a note under section 5304 of this title] shall take effect as of November 1, 1993.”
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective DateSection effective sixty days after Jan. 5, 1971, see section 404 of Pub. L. 91–648, set out as a note under section 3371 of this title.
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
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|
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---
|
||||
|
||||
# 5 U.S.C. § 3373 - Assignment of employees to State or local governments
|
||||
|
||||
## Text
|
||||
|
||||
(a) An employee of a Federal agency assigned to a State or local government under this subchapter is deemed, during the assignment, to be either—
|
||||
|
||||
(1) on detail to a regular work assignment in his agency; or
|
||||
|
||||
(2) on leave without pay from his position in the agency.
|
||||
|
||||
An employee assigned either on detail or on leave without pay remains an employee of his agency. The Federal Tort Claims Act and any other Federal tort liability statute apply to an employee so assigned. The supervision of the duties of an employee on detail may be governed by agreement between the Federal agency and the State or local government concerned.
|
||||
|
||||
(b) The assignment of an employee of a Federal agency either on detail or on leave without pay to a State or local government under this subchapter may be made with or without reimbursement by the State or local government for the travel and transportation expenses to or from the place of assignment and for the pay, or supplemental pay, or a part thereof, of the employee during assignment. Any reimbursements shall be credited to the appropriation of the Federal agency used for paying the travel and transportation expenses or pay.
|
||||
|
||||
(c) For any employee so assigned and on leave without pay—
|
||||
|
||||
(1) if the rate of pay for his employment by the State or local government is less than the rate of pay he would have received had he continued in his regular assignment in the agency, he is entitled to receive supplemental pay from the agency in an amount equal to the difference between the State or local government rate and the agency rate;
|
||||
|
||||
(2) he is entitled to annual and sick leave to the same extent as if he had continued in his regular assignment in the agency; and
|
||||
|
||||
(3) he is entitled, notwithstanding other statutes—
|
||||
|
||||
(A) to continuation of his insurance under chapter 87 of this title, and coverage under chapter 89 of this title or other applicable authority, so long as he pays currently into the Employee’s Life Insurance Fund and the Employee’s Health Benefits Fund or other applicable health benefits system (through his employing agency) the amount of the employee contributions;
|
||||
|
||||
(B) to credit the period of his assignment under this subchapter toward periodic step-increases, retention, and leave accrual purposes, and, on payment into the Civil Service Retirement and Disability Fund or other applicable retirement system of the percentage of his State or local government pay, and of his supplemental pay, if any, that would have been deducted from a like agency pay for the period of the assignment and payment by the Federal agency into the fund or system of the amount that would have been payable by the agency during the period of the assignment with respect to a like agency pay, to treat his service during that period as service of the type performed in the agency immediately before his assignment; and
|
||||
|
||||
(C) for the purpose of subchapter I of chapter 85 of this title, to credit the service performed during the period of his assignment under this subchapter as Federal service, and to consider his State or local government pay (and his supplemental pay, if any) as Federal wages. To the extent that the service could also be the basis for entitlement to unemployment compensation under a State law, the employee may elect to claim unemployment compensation on the basis of the service under either the State law or subchapter I of chapter 85 of this title.
|
||||
|
||||
However, an employee or his beneficiary may not receive benefits referred to in subparagraphs (A) and (B) of this paragraph (3), based on service during an assignment under this subchapter for which the employee or, if he dies without making such an election, his beneficiary elects to receive benefits, under any State or local government retirement or insurance law or program, which the Office of Personnel Management determines to be similar. The Federal agency shall deposit currently in the Employee’s Life Insurance Fund, the Employee’s Health Benefits Fund or other applicable health benefits system, respectively, the amount of the Government’s contributions on account of service with respect to which employee contributions are collected as provided in subparagraphs (A) and (B) of this paragraph (3).
|
||||
|
||||
(d) (1) An employee so assigned and on leave without pay who dies or suffers disability as a result of personal injury sustained while in the performance of his duty during an assignment under this subchapter shall be treated, for the purpose of subchapter I of chapter 81 of this title, as though he were an employee as defined by section 8101 of this title who had sustained the injury in the performance of duty. When an employee (or his dependents in case of death) entitled by reason of injury or death to benefits under subchapter I of chapter 81 of this title is also entitled to benefits from a State or local government for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. The election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may allow for reasonable cause shown. When made, the election is irrevocable unless otherwise provided by law.
|
||||
|
||||
(2) An employee who elects to receive benefits from a State or local government may not receive an annuity under subchapter III of chapter 83 of this title and benefits from the State or local government for injury or disability to himself covering the same period of time. This provision does not—
|
||||
|
||||
(A) bar the right of a claimant to the greater benefit conferred by either the State or local government or subchapter III of chapter 83 of this title for any part of the same period of time;
|
||||
|
||||
(B) deny to an employee an annuity accruing to him under subchapter III of chapter 83 of this title on account of service performed by him; or
|
||||
|
||||
(C) deny any concurrent benefit to him from the State or local government on account of the death of another individual.
|
||||
|
||||
(Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1921; amended Pub. L. 95–454, title VI, § 603(b), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1190, 1224; Pub. L. 102–378, § 2(14), Oct. 2, 1992, 106 Stat. 1347.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Federal Tort Claims Act, referred to in subsec. (a), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28.
|
||||
|
||||
Amendments1992—Pub. L. 102–378 substituted “or local” for “and local” in section catchline. 1978—Subsecs. (a), (b). Pub. L. 95–454, § 603(b), substituted “a Federal” for “an executive” and “Federal agency” for “executive agency”. Subsec. (c). Pub. L. 95–454, §§ 603(b), 906(a)(2), substituted “Federal agency” for “executive agency” wherever appearing, and “Office of Personnel Management” for “Civil Service Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective DateSection effective sixty days after Jan. 5, 1971, see section 404 of Pub. L. 91–648, set out as a note under section 3371 of this title.
|
||||
@@ -0,0 +1,77 @@
|
||||
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|
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---
|
||||
|
||||
# 5 U.S.C. § 3374 - Assignments of employees from State or local governments
|
||||
|
||||
## Text
|
||||
|
||||
(a) An employee of a State or local government who is assigned to a Federal agency under an arrangement under this subchapter may—
|
||||
|
||||
(1) be appointed in the Federal agency without regard to the provisions of this title governing appointment in the competitive service for the agreed period of the assignment; or
|
||||
|
||||
(2) be deemed on detail to the Federal agency.
|
||||
|
||||
(b) An employee given an appointment is entitled to pay in accordance with chapter 51 and subchapter III of chapter 53 of this title or other applicable law, and is deemed an employee of the Federal agency for all purposes except—
|
||||
|
||||
(1) subchapter III of chapter 83 of this title or other applicable retirement system;
|
||||
|
||||
(2) chapter 87 of this title; and
|
||||
|
||||
(3) chapter 89 of this title or other applicable health benefits system unless his appointment results in the loss of coverage in a group health benefits plan the premium of which has been paid in whole or in part by a State or local government contribution.
|
||||
|
||||
The above exceptions shall not apply to non-Federal employees who are covered by chapters 83, 87, and 89 of this title by virtue of their non-Federal employment immediately before assignment and appointment under this section.
|
||||
|
||||
(c) During the period of assignment, a State or local government employee on detail to a Federal agency—
|
||||
|
||||
(1) is not entitled to pay from the agency, except to the extent that the pay received from the State or local government is less than the appropriate rate of pay which the duties would warrant under the applicable pay provisions of this title or other applicable authority;
|
||||
|
||||
(2) is deemed an employee of the agency for the purpose of chapter 73 of this title, chapter 131 of this title, chapter 21 of title 41, sections 203, 205, 207, 208, 209, 602, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, sections 1343, 1344, and 1349(b) of title 31, and the Federal Tort Claims Act and any other Federal tort liability statute; and
|
||||
|
||||
(3) is subject to such regulations as the President may prescribe.
|
||||
|
||||
The supervision of the duties of such an employee may be governed by agreement between the Federal agency and the State or local government concerned. A detail of a State or local government employee to a Federal agency may be made with or without reimbursement by the Federal agency for the pay, or a part thereof, of the employee during the period of assignment, or for the contribution of the State or local government, or a part thereof, to employee benefit systems.
|
||||
|
||||
(d) A State or local government employee who is given an appointment in a Federal agency for the period of the assignment or who is on detail to a Federal agency and who suffers disability or dies as a result of personal injury sustained while in the performance of his duty during the assignment shall be treated, for the purpose of subchapter I of chapter 81 of this title, as though he were an employee as defined by section 8101 of this title who had sustained the injury in the performance of duty. When an employee (or his dependents in case of death) entitled by reason of injury or death to benefits under subchapter I of chapter 81 of this title is also entitled to benefits from a State or local government for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. The election shall be made within 1 year after the injury or death, or such further time as the Secretary of Labor may allow for reasonable cause shown. When made, the election is irrevocable unless otherwise provided by law.
|
||||
|
||||
(e) If a State or local government fails to continue the employer’s contribution to State or local government retirement, life insurance, and health benefit plans for a State or local government employee who is given an appointment in a Federal agency, the employer’s contributions covering the State or local government employee’s period of assignment, or any part thereof, may be made from the appropriations of the Federal agency concerned.
|
||||
|
||||
(Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1923; amended Pub. L. 95–454, title VI, § 603(b), (d), Oct. 13, 1978, 92 Stat. 1190; Pub. L. 97–258, § 3(a)(6), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 107–107, div. A, title XI, § 1117, Dec. 28, 2001, 115 Stat. 1241; Pub. L. 111–350, § 5(a)(5), Jan. 4, 2011, 124 Stat. 3841; Pub. L. 117–286, § 4(c)(6), Dec. 27, 2022, 136 Stat. 4354.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Federal Tort Claims Act, referred to in subsec. (c)(2), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28.
|
||||
|
||||
Amendments2022—Subsec. (c)(2). Pub. L. 117–286 substituted “chapter 131 of this title,” for “the Ethics in Government Act of 1978,”. 2011—Subsec. (c)(2). Pub. L. 111–350 substituted “chapter 21 of title 41” for “section 27 of the Office of Federal Procurement Policy Act”. 2001—Subsec. (c)(2). Pub. L. 107–107 inserted “the Ethics in Government Act of 1978, section 27 of the Office of Federal Procurement Policy Act,” after “chapter 73 of this title,”. 1982—Subsec. (c)(2). Pub. L. 97–258 substituted “sections 1343, 1344, and 1349(b)” for “section 638a”. 1978—Subsec. (a). Pub. L. 95–454, § 603(b), substituted “a Federal” for “an executive”, and “Federal agency” for “executive agency” in two places. Subsec. (b). Pub. L. 95–454, § 603(b), (d)(1), inserted provisions relating to nonapplicability of exceptions to non-Federal employees, and substituted “Federal” for “executive”. Subsec. (c). Pub. L. 95–454, § 603(b), (d)(2), (3), inserted provisions relating to pay received from the State or local government at less than the appropriate rate of pay, and provisions relating to contributions to employee benefit systems, and substituted “a Federal” for “an executive” and “Federal agency” for “executive agency” wherever appearing. Subsec. (d). Pub. L. 95–454, § 603(b), substituted “a Federal” for “an executive” in two places. Subsec. (e). Pub. L. 95–454, § 603(b), substituted “a Federal” for “an executive” and “Federal” for “executive”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective DateSection effective sixty days after Jan. 5, 1971, see section 404 of Pub. L. 91–648, set out as a note under section 3371 of this title.
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3375"
|
||||
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|
||||
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|
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3375 - Travel expenses
|
||||
|
||||
## Text
|
||||
|
||||
(a) Appropriations of a Federal agency are available to pay, or reimburse, a Federal or State or local government employee in accordance with—
|
||||
|
||||
(1) subchapter I of chapter 57 of this title, for the expenses of—
|
||||
|
||||
(A) travel, including a per diem allowance, to and from the assignment location;
|
||||
|
||||
(B) a per diem allowance at the assignment location during the period of the assignment; and
|
||||
|
||||
(C) travel, including a per diem allowance, while traveling on official business away from his designated post of duty during the assignment when the head of the Federal agency considers the travel in the interest of the United States;
|
||||
|
||||
(2) section 5724 of this title, for the expenses of transportation of his immediate family and of his household goods and personal effects to and from the assignment location;
|
||||
|
||||
(3) section 5724a(a) of this title, for the expenses of per diem allowances for the immediate family of the employee to and from the assignment location;
|
||||
|
||||
(4) section 5724a(c) of this title, for subsistence expenses of the employee and his immediate family while occupying temporary quarters at the assignment location and on return to his former post of duty;
|
||||
|
||||
(5) section 5724a(g) of this title, to be used by the employee for miscellaneous expenses related to change of station where movement or storage of household goods is involved; and
|
||||
|
||||
(6) section 5726(c) of this title, for the expenses of nontemporary storage of household goods and personal effects in connection with assignment at an isolated location.
|
||||
|
||||
(b) Expenses specified in subsection (a) of this section, other than those in paragraph (1)(C), may not be allowed in connection with the assignment of a Federal or State or local government employee under this subchapter, unless and until the employee agrees in writing to complete the entire period of his assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond his control that are acceptable to the Federal agency concerned. If the employee violates the agreement, the money spent by the United States for these expenses is recoverable from the employee as a debt due the United States. The head of the Federal agency concerned may waive in whole or in part a right of recovery under this subsection with respect to a State or local government employee on assignment with the agency.
|
||||
|
||||
(c) Appropriations of a Federal agency are available to pay expenses under section 5742 of this title with respect to a Federal or State or local government employee assigned under this subchapter.
|
||||
|
||||
(Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1924; amended Pub. L. 95–454, title VI, § 603(b), (e), Oct. 13, 1978, 92 Stat. 1190, 1191; Pub. L. 104–201, div. A, title XVII, § 1723(a)(1)(A), Sept. 23, 1996, 110 Stat. 2758.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Subsec. (a)(3). Pub. L. 104–201, § 1723(a)(1)(A)(i), substituted “section 5724a(a)” for “section 5724a(a)(1)”. Subsec. (a)(4). Pub. L. 104–201, § 1723(a)(1)(A)(ii), substituted “section 5724a(c)” for “section 5724a(a)(3)”. Subsec. (a)(5). Pub. L. 104–201, § 1723(a)(1)(A)(iii), substituted “section 5724a(g)” for “section 5724a(b)”. 1978—Subsec. (a). Pub. L. 95–454, § 603(b), (e), substituted “a Federal agency” for “an executive agency” in introductory text, substituted “Federal” for “executive” in cl. (1), added cl. (5), and redesignated former cl. (5) as (6). Subsec. (b). Pub. L. 95–454, § 603(b), substituted “the Federal” for “the executive”. Subsec. (c). Pub. L. 95–454, § 603(b), substituted “a Federal agency” for “an executive agency”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by Pub. L. 104–201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective DateSection effective sixty days after Jan. 5, 1971, see section 404 of Pub. L. 91–648, set out as a note under section 3371 of this title.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
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|
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title: "5 U.S.C. § 3376"
|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 3376"
|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3376 - Regulations
|
||||
|
||||
## Text
|
||||
|
||||
The President may prescribe regulations for the administration of this subchapter.
|
||||
|
||||
(Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1925.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective sixty days after Jan. 5, 1971, see section 404 of Pub. L. 91–648, set out as a note under section 3371 of this title.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Ex. Ord. No. 11589. Delegation of Functions to Office of Personnel Management Ex. Ord. No. 11589, Apr. 1, 1971, 36 F.R. 6343, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: Section 1. The Office of Personnel Management is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (a) The authority of the President under section 3376 of title 5 of the United States Code [this section] to prescribe regulations for the administration of subchapter VI, “Assignments to and from States,” of chapter 33 of that title [this chapter]. (b) The authority of the President under section 205 (a)(4) of the Federal Civil Defense Act of 1950, as amended ([former] 50 U.S.C. App. 2286(a)(4)), and as affected by Reorganization Plan No. 1 of 1958 (72 Stat. 1799) [set out in the Appendix to this title], relating to the establishment and maintenance of personnel standards on the merit basis. Sec. 2. To the extent that section 1(b) of this order is inconsistent with the provisions of Executive Order No. 10952 of July 20, 1961, as amended, section 1(b) shall control.
|
||||
@@ -0,0 +1,85 @@
|
||||
---
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
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|
||||
section: "3381"
|
||||
citation: "5 U.S.C. § 3381"
|
||||
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|
||||
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|
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||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3381 - Training
|
||||
|
||||
## Text
|
||||
|
||||
(a) An air traffic controller with 5 years of service as a controller who is to be removed as a controller because the Secretary has determined—
|
||||
|
||||
(1) he is medically disqualified for duties as a controller;
|
||||
|
||||
(2) he is unable to maintain technical proficiency as a controller; or
|
||||
|
||||
(3) such removal is necessary for the preservation of the physical or mental health of the controller;
|
||||
|
||||
is entitled to not more than the full-time equivalent of 2 years of training.
|
||||
|
||||
(b) During a period of training under this section, a controller shall be—
|
||||
|
||||
(1) retained at his last assigned grade and rate of basic pay as a controller;
|
||||
|
||||
(2) entitled to each increase in rate of basic pay provided under law; and
|
||||
|
||||
(3) excluded from staffing limitations otherwise applicable.
|
||||
|
||||
(c) Upon completion of training under this section, a controller may be—
|
||||
|
||||
(1) assigned to other duties in the Executive agency in which the controller is employed;
|
||||
|
||||
(2) released for transfer to another Executive agency; or
|
||||
|
||||
(3) involuntarily separated from the service.
|
||||
|
||||
The involuntary separation of a controller under this subsection is not a removal for cause on charges of misconduct, delinquency, or inefficiency for purposes of section 5595 or section 8336 of this title.
|
||||
|
||||
(d) The Secretary, without regard to section 3324(a) and (b) of title 31, may pay, or reimburse a controller for, all or part of the necessary expenses of training provided under this section, including expenses authorized to be paid under chapter 41 and subchapter I of chapter 57 of this title, and the costs of other services or facilities directly related to the training of a controller.
|
||||
|
||||
(e) Except as provided by subsection (d) of this section, the provisions of chapter 41 of this title, other than sections 4105, 4107(a) and (b),11 See References in Text note below. and 4111, shall not apply to training under this section.
|
||||
|
||||
(f) The provisions of this section shall not otherwise affect the authority of the Secretary to provide training under chapter 41 of this title or under any other provision of law.
|
||||
|
||||
(Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 142; amended Pub. L. 96–347, § 1(b), (c)(1), Sept. 12, 1980, 94 Stat. 1150; Pub. L. 97–258, § 3(a)(7), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 103–226, § 2(b)(1), Mar. 30, 1994, 108 Stat. 112.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextFor definition of Secretary, referred to in subsec. (a), see section 2109 of this title. Subsecs. (a) and (b) of section 4107 of this title, referred to in subsec. (e), were struck out, and subsecs. (c) and (d) of section 4107 were redesignated (a) and (b), respectively, by Pub. L. 103–226, § 2(a)(5)(B), Mar. 30, 1994, 108 Stat. 112. Subsequently, section 4107 was amended generally by Pub. L. 107–296, title XIII, § 1331(a), Nov. 25, 2002, 116 Stat. 2298.
|
||||
|
||||
Amendments1994—Subsec. (e). Pub. L. 103–226 substituted “4105,” for “4105(a),”. 1982—Subsec. (d). Pub. L. 97–258 substituted “section 3324(a) and (b)” for “section 529”. 1980—Subsec. (a). Pub. L. 96–347, § 1(b), substituted “Secretary” for “Secretary of Transportation”. Subsec. (c)(1). Pub. L. 96–347, § 1(c)(1), substituted “in the Executive agency in which the controller is employed” for “in the Department of Transportation”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentPub. L. 103–226, § 2(c), Mar. 30, 1994, 108 Stat. 112, provided that: “The amendments made by this section [amending this section and sections 4101, 4103, 4105, 4107, 4108, 4113, and 4118 of this title and repealing sections 4106 and 4114 of this title] shall become effective on the date of enactment of this Act [Mar. 30, 1994].”
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–347 effective on 90th day after Sept. 12, 1980, see section 3 of Pub. L. 96–347, set out as a note under section 2109 of this title.
|
||||
|
||||
Effective DatePub. L. 92–297, § 10, May 16, 1972, 86 Stat. 145, provided that: “This Act [enacting this subchapter and section 2109 of this title, amending sections 3307, 8332, 8334 to 8336, 8339, 8341, 8344 of this title, enacting provisions set out as notes under this section and section 8335 of this title, and repealing provisions set out as a note under section 3307 of this title] shall become effective at the beginning of the ninetieth day after the date of enactment of this Act [May 16, 1972].”
|
||||
|
||||
Report to CongressPub. L. 92–297, § 9, May 16, 1972, 86 Stat. 145, directed the Secretary of Transportation to report to Congress no later than 5 years after May 16, 1972, concerning his operations under the amendments made by Pub. L. 92–297, including a detailed statement of the effectiveness of Pub. L. 92–297 in meeting the needs of the Air Traffic Controller career program and of the air traffic control system plus recommendations for the management of the program or the system.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "3382"
|
||||
citation: "5 U.S.C. § 3382"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3382 - Involuntary separation for retirement
|
||||
|
||||
## Text
|
||||
|
||||
An air traffic controller who is eligible for immediate retirement under section 8336 of this title may be separated involuntarily from the service if the Secretary determines that the separation of the controller is necessary in the interest of—
|
||||
|
||||
(1) aviation safety;
|
||||
|
||||
(2) the efficient control of air traffic; or
|
||||
|
||||
(3) the preservation of the physical or mental health of the controller.
|
||||
|
||||
Chapter 75 of this title does not apply to a determination or action under this section. Separation under this section shall not become final, without the consent of the controller, until the last day of the second month following the day the controller receives a notification of the determination by the Secretary under this section, or, if a review is requested under section 3383 of this title, the last day of the month in which a final decision is issued by a board of review under section 3383(c) of this title, whichever is later. A controller who is to be separated under this section is entitled to training under section 3381 of this title. Separation of such a controller who elects to receive training under section 3381 shall not become final until the last day of the month following the completion of his training.
|
||||
|
||||
(Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 142; amended Pub. L. 96–347, § 1(b), Sept. 12, 1980, 94 Stat. 1150.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextFor definition of Secretary, referred to in text, see section 2109 of this title.
|
||||
|
||||
Amendments1980—Pub. L. 96–347 in provisions preceding par. (1) substituted “Secretary determines” for “Secretary of Transportation determines”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–347 effective on 90th day after Sept. 12, 1980, see section 3 of Pub. L. 96–347, set out as a note under section 2109 of this title.
|
||||
|
||||
Effective DateSection effective on 90th day after May 16, 1972, see section 10 of Pub. L. 92–297, set out as a note under section 3381 of this title.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
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|
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description: "Determinations; review procedures"
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|
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|
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|
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|
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|
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|
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|
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|
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|
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3383 - Determinations; review procedures
|
||||
|
||||
## Text
|
||||
|
||||
(a) An air traffic controller subject to a determination by the Secretary under section 3381(a) or section 3382 of this title, shall be furnished a written notice of the determination and the reasons therefor, and a notification that the controller has 15 days after the receipt of the notification within which to file a written request for reconsideration of the determination. Unless the controller files such a request within the 15 days, or unless the determination is rescinded by the Secretary within the 15 days, the determination shall be final.
|
||||
|
||||
(b) If the Secretary does not rescind his determination within 15 days after his receipt of the written request filed by the controller under subsection (a) of this section, the Secretary shall immediately convene a board of review, consisting of—
|
||||
|
||||
(1) a person designated by the controller;
|
||||
|
||||
(2) a representative of the Executive agency in which the controller is employed designated by the Secretary; and
|
||||
|
||||
(3) a representative of the Merit Systems Protection Board, designated by the Chairman, who shall serve as chairman of the board of review.
|
||||
|
||||
(c) The board of review shall review evidence supporting and inconsistent with the determination of the Secretary and, within a period of 30 days after being convened, shall issue its findings and furnish copies thereof to the Secretary and the controller. The board may approve or rescind the determination of the Secretary. A decision by the board under this subsection is final. The Secretary shall take such action as may be necessary to carry out the decision of the board.
|
||||
|
||||
(d) Except as provided under section 3382 of this title, the review procedure of this section is in addition to any other review or appeal procedures provided under any other provision of law, but is the sole and exclusive administrative remedy available to a controller within the Executive agency in which such controller is employed.
|
||||
|
||||
(Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 143; amended Pub. L. 95–454, title IX, § 906(a)(6), Oct. 13, 1978, 92 Stat. 1225; Pub. L. 96–347, § 1(b), (c)(2), (3), Sept. 12, 1980, 94 Stat. 1150.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextFor definition of Secretary, referred to in text, see section 2109 of this title.
|
||||
|
||||
Amendments1980—Subsec. (a). Pub. L. 96–347, § 1(b), substituted “Secretary under” for “Secretary of Transportation under”. Subsec. (b)(2). Pub. L. 96–347, § 1(c)(2), substituted “the Executive agency in which the controller is employed” for “the Department of Transportation”. Subsec. (d). Pub. L. 96–347, § 1(c)(3), substituted “within the Executive agency in which such controller is employed” for “within the Department of Transportation”. 1978—Subsec. (b)(3). Pub. L. 95–454 substituted “Merit Systems Protection Board” for “Civil Service Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–347 effective on 90th day after Sept. 12, 1980, see section 3 of Pub. L. 96–347, set out as a note under section 2109 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective DateSection effective on 90th day after May 16, 1972, see section 10 of Pub. L. 92–297, set out as a note under section 3381 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
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|
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|
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|
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|
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|
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|
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|
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|
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|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3384 - Regulations
|
||||
|
||||
## Text
|
||||
|
||||
The Secretary is authorized to issue regulations to carry out the provisions of this subchapter.
|
||||
|
||||
(Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 143; amended Pub. L. 96–347, § 1(b), Sept. 12, 1980, 94 Stat. 1150.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextFor definition of Secretary, referred to in text, see section 2109 of this title.
|
||||
|
||||
Amendments1980—Pub. L. 96–347 substituted “Secretary” for “Secretary of Transportation”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–347 effective on 90th day after Sept. 12, 1980, see section 3 of Pub. L. 96–347, set out as a note under section 2109 of this title.
|
||||
|
||||
Effective DateSection effective on 90th day after May 16, 1972, see section 10 of Pub. L. 92–297, set out as a note under section 3381 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
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|
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|
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|
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|
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|
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---
|
||||
|
||||
# 5 U.S.C. § 3385 - Effect on other authority
|
||||
|
||||
## Text
|
||||
|
||||
This subchapter shall not limit the authority of the Secretary to reassign temporarily an air traffic controller to other duties with or without notice, in the interest of the safe or efficient separation and control of air traffic or the physical or mental health of a controller; or to reassign permanently or separate a controller under any other provision of law.
|
||||
|
||||
(Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 143; amended Pub. L. 96–347, § 1(b), Sept. 12, 1980, 94 Stat. 1150.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextFor definition of Secretary, referred to in text, see section 2109 of this title.
|
||||
|
||||
Amendments1980—Pub. L. 96–347 substituted “Secretary” for “Secretary of Transportation”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–347 effective on 90th day after Sept. 12, 1980, see section 3 of Pub. L. 96–347, set out as a note under section 2109 of this title.
|
||||
|
||||
Effective DateSection effective on 90th day after May 16, 1972, see section 10 of Pub. L. 92–297, set out as a note under section 3381 of this title.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 3391"
|
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||||
---
|
||||
|
||||
# 5 U.S.C. § 3391 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of this subchapter, “agency”, “Senior Executive Service position”, “senior executive”, “career appointee”, “limited term appointee”, “limited emergency appointee”, “noncareer appointee”, and “general position” have the meanings set forth in section 3132(a) of this title.
|
||||
|
||||
(Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1161.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3391, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1056, which related to definitions for part-time career employment opportunities, was renumbered as section 3401 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
|
||||
@@ -0,0 +1,75 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3392"
|
||||
description: "General appointment provisions"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3392"
|
||||
citation: "5 U.S.C. § 3392"
|
||||
status: "current"
|
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||||
---
|
||||
|
||||
# 5 U.S.C. § 3392 - General appointment provisions
|
||||
|
||||
## Text
|
||||
|
||||
(a) Qualification standards shall be established by the head of each agency for each Senior Executive Service position in the agency—
|
||||
|
||||
(1) in accordance with requirements established by the Office of Personnel Management, with respect to standards for career reserved positions, and
|
||||
|
||||
(2) after consultation with the Office, with respect to standards for general positions.
|
||||
|
||||
(b) Not more than 30 percent of the Senior Executive Service positions authorized under section 3133 of this title may at any time be filled by individuals who did not have 5 years of current continuous service in the civil service immediately preceding their initial appointment to the Senior Executive Service, unless the President certifies to the Congress that the limitation would hinder the efficiency of the Government. In applying the preceding sentence, any break in service of 3 days or less shall be disregarded.
|
||||
|
||||
(c) (1) If a career appointee is appointed by the President, by and with the advice and consent of the Senate, to a civilian position in the executive branch which is not in the Senior Executive Service, and the rate of basic pay payable for which is equal to or greater than the rate payable for level V of the Executive Schedule, the career appointee may elect (at such time and in such manner as the Office may prescribe) to continue to have the provisions of this title relating to basic pay, performance awards, awarding of ranks, severance pay, leave, and retirement apply as if the career appointee remained in the Senior Executive Service position from which he was appointed. Such provisions shall apply in lieu of the provisions which would otherwise apply—
|
||||
|
||||
(A) to the extent provided under regulations prescribed by the Office, and
|
||||
|
||||
(B) so long as the appointee continues to serve under such Presidential appointment.
|
||||
|
||||
(2) An election under paragraph (1) may also be made by any career appointee who is appointed to a civilian position in the executive branch—
|
||||
|
||||
(A) which is not in the Senior Executive Service; and
|
||||
|
||||
(B) which is covered by the Executive Schedule, or the rate of basic pay for which is fixed by statute at a rate equal to 1 of the levels of the Executive Schedule.
|
||||
|
||||
An election under this paragraph shall remain effective so long as the appointee continues to serve in the same position.
|
||||
|
||||
(d) Appointment or removal of a person to or from any Senior Executive Service position in an independent regulatory commission shall not be subject, directly or indirectly, to review or approval by any officer or entity within the Executive Office of the President.
|
||||
|
||||
(Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1161; amended Pub. L. 101–335, § 7(a), July 17, 1990, 104 Stat. 325.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Executive Schedule, referred to in subsec. (c), is set out as section 5311 et seq. of this title.
|
||||
|
||||
Prior ProvisionsA prior section 3392, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1056, which related to the establishment of part-time career employment programs, was renumbered as section 3402 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.
|
||||
|
||||
Amendments1990—Subsec. (c). Pub. L. 101–335 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentPub. L. 101–335, § 7(b)(1), July 17, 1990, 104 Stat. 325, provided that: “The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [July 17, 1990].”
|
||||
|
||||
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
|
||||
|
||||
Election by Persons Previously Appointed; Retroactive Performance AwardsPub. L. 101–335, § 7(b)(2), (3), July 17, 1990, 104 Stat. 325, as amended by Pub. L. 102–378, § 7(a), Oct. 2, 1992, 106 Stat. 1359, provided that: “(2) Election by persons previously appointed.—The Office of Personnel Management shall prescribe regulations (including procedures and deadlines) under which an election under section 3392(c)(2) of title 5, United States Code (as amended by this section) may be made by any individual who—“(A) on the date of enactment of this Act [July 17, 1990], is serving in a civilian position in the executive branch which—“(i) is not in the Senior Executive Service; and “(ii) satisfies section 3392(c)(2)(B) of such title 5 (as so amended); “(B) was appointed to that position on or after November 1, 1986, and has served continuously in such position since then; “(C) was a career appointee (within the meaning of section 3132(a)(4) of such title 5) immediately before having been so appointed; and “(D) was not, based on such individual’s appointment to the position described in subparagraph (A), eligible to make an election under section 3392(c) of such title 5 (as then in effect). An election under this paragraph shall be effective as of the date of appointment to the position described in subparagraph (A). “(3) Retroactive performance awards.—If an individual elects under paragraph (2) to continue to be subject to performance awards, the head of the agency in which such individual is serving shall determine whether to grant retroactive performance awards for any fiscal years prior to fiscal year 1991 to such individual, and the amount of any such awards, without regard to the provisions of subsection (b) of section 5383 of title 5, United States Code, and subsections (b) and (c) of section 5384 of such title. Before granting an award, the head of the agency shall make a written determination that the individual’s performance during the fiscal year for which the award is given was at least fully successful, and shall consider the recommendation of the agency’s performance review board with respect to the award. No such award for performance during any fiscal year may be less than 5 percent nor more than 15 percent of the individual’s rate of basic pay as of the end of such fiscal year.” [Pub. L. 102–378, § 7(b), Oct. 2, 1992, 106 Stat. 1359, provided that: “The amendment made by subsection (a) [enacting section 7(b)(3) of Pub. L. 101–335, set out above] shall be effective as if enacted as a part of section 7 of the Thrift Savings Plan Technical Amendments Act of 1990 [Pub. L. 101–335].” ]
|
||||
@@ -0,0 +1,87 @@
|
||||
---
|
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||||
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|
||||
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|
||||
section: "3393"
|
||||
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text_hash: "7d35536a9b83569f7bc54d2b13b833c1520b9a5e123f864a5e0bdf53b34efe36"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3393 - Career appointments
|
||||
|
||||
## Text
|
||||
|
||||
(a) Each agency shall establish a recruitment program, in accordance with guidelines which shall be issued by the Office of Personnel Management, which provides for recruitment of career appointees from—
|
||||
|
||||
(1) all groups of qualified individuals within the civil service; or
|
||||
|
||||
(2) all groups of qualified individuals whether or not within the civil service.
|
||||
|
||||
(b) Each agency shall establish one or more executive resources boards, as appropriate, the members of which shall be appointed by the head of the agency from among employees of the agency or commissioned officers of the uniformed services serving on active duty in such agency. The boards shall, in accordance with merit staffing requirements established by the Office, conduct the merit staffing process for career appointees, including—
|
||||
|
||||
(1) reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and
|
||||
|
||||
(2) making written recommendations to the appropriate appointing authority concerning such candidates.
|
||||
|
||||
(c) (1) The Office shall establish one or more qualifications review boards, as appropriate. It is the function of the boards to certify the executive qualifications of candidates for initial appointment as career appointees in accordance with regulations prescribed by the Office. Of the members of each board more than one-half shall be appointed from among career appointees. Appointments to such boards shall be made on a non-partisan basis, the sole selection criterion being the professional knowledge of public management and knowledge of the appropriate occupational fields of the intended appointee.
|
||||
|
||||
(2) The Office shall, in consultation with the various qualification review boards, prescribe criteria for establishing executive qualifications for appointment of career appointees. The criteria shall provide for—
|
||||
|
||||
(A) consideration of demonstrated executive experience;
|
||||
|
||||
(B) consideration of successful participation in a career executive development program which is approved by the Office; and
|
||||
|
||||
(C) sufficient flexibility to allow for the appointment of individuals who have special or unique qualities which indicate a likelihood of executive success and who would not otherwise be eligible for appointment.
|
||||
|
||||
(d) An individual’s initial appointment as a career appointee shall become final only after the individual has served a 1-year probationary period as a career appointee.
|
||||
|
||||
(e) Each career appointee shall meet the executive qualifications of the position to which appointed, as determined in writing by the appointing authority.
|
||||
|
||||
(f) The title of each career reserved position shall be published in the Federal Register.
|
||||
|
||||
(g) A career appointee may not be removed from the Senior Executive Service or civil service except in accordance with the applicable provisions of sections 1215,,11 So in original. 3592, 3595, 7532, or 7543 of this title.
|
||||
|
||||
(Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1161; amended Pub. L. 97–35, title XVII, § 1704(c), Aug. 13, 1981, 95 Stat. 758; Pub. L. 98–615, title III, § 306(b)(1), Nov. 8, 1984, 98 Stat. 3220; Pub. L. 101–12, § 9(b), Apr. 10, 1989, 103 Stat. 35; Pub. L. 101–194, title V, § 506(b)(2), Nov. 30, 1989, 103 Stat. 1758; Pub. L. 101–280, § 6(d)(1), May 4, 1990, 104 Stat. 160; Pub. L. 107–296, title XIII, § 1321(a)(1)(A), Nov. 25, 2002, 116 Stat. 2296; Pub. L. 114–92, div. A, title XI, § 1105(c)(2), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 117–81, div. A, title XI, § 1106(b)(2)(B), Dec. 27, 2021, 135 Stat. 1950.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3393, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, which related to limitations concerning part-time career employment opportunities, was renumbered as section 3403 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.
|
||||
|
||||
Amendments2021—Subsec. (d). Pub. L. 117–81 struck out at end “The preceding sentence shall not apply to any individual covered by section 1599e of title 10.” 2015—Subsec. (d). Pub. L. 114–92 inserted at end “The preceding sentence shall not apply to any individual covered by section 1599e of title 10.” 2002—Subsec. (g). Pub. L. 107–296 struck out “3393a” after “1215,”. 1990—Subsec. (g). Pub. L. 101–280 made technical correction to directory language of Pub. L. 101–194, see 1989 Amendment below. 1989—Subsec. (g). Pub. L. 101–194, as amended by Pub. L. 101–280, inserted “3393a,” after “1215,”. Pub. L. 101–12 substituted “1215” for “1207”. 1984—Subsec. (b). Pub. L. 98–615 inserted provision referring to commissioned officers of the uniformed services serving on active duty in such agency in provisions preceding par. (1). 1981—Subsec. (g). Pub. L. 97–35 added subsec. (g).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applied as if effective Dec. 31, 2022, to correspond to the effective date of the repeal of section 1599e of Title 10, Armed Forces, to reflect the probable intent of Congress. See Effective Date of Repeal note under section 1599e of Title 10.
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
|
||||
|
||||
Effective Date of 1989 AmendmentsAmendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101–194, set out as a note under section 3151 of this title. Amendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title.
|
||||
|
||||
Effective Date of 1984 AmendmentPub. L. 98–615, title III, § 307, Nov. 8, 1984, 98 Stat. 3220, provided that: “The amendments made by this title [enacting section 3595a of this title, amending this section and sections 3135, 3593 to 3595, 4312, 5383, and 5384 of this title, and enacting provisions set out as a note under section 3131 of this title] shall be effective following the expiration of the 90-day period beginning on the date of enactment of this Act [Nov. 8, 1984], except that the amendments made by section 304 [amending sections 3395, 3595, 7543, and 8336 of this title] shall be effective as of such date of enactment.”
|
||||
|
||||
Effective Date of 1981 AmendmentAmendment by Pub. L. 97–35 effective June 1, 1981, with certain exceptions and conditions, see section 1704(e) of Pub. L. 97–35, set out as an Effective Date note under section 3595 of this title.
|
||||
|
||||
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
|
||||
|
||||
Temporary Inapplicability of Certification of Executive Qualifications by Qualification Review Boards of Office of Personnel ManagementPub. L. 115–232, div. A, title XI, § 1109, Aug. 13, 2018, 132 Stat. 2010, as amended by Pub. L. 116–283, div. A, title XI, § 1118, Jan. 1, 2021, 134 Stat. 3897; Pub. L. 118–31, div. A, title XI, § 1118, Dec. 22, 2023, 137 Stat. 433, provided that: “(a) Temporary Inapplicability.—Notwithstanding section 3393(c) of title 5, United States Code, or any regulations implementing that section, and subject to the provisions of this section, the Secretary of Defense may appoint individuals for service in the Senior Executive Service of the Department of Defense without such individuals being subject to the certification of executive qualifications by a qualification review board of the Office of Personnel Management in connection with such appointment otherwise required by that section. “(b) Qualifications of Individuals Appointed.—The Secretary shall ensure that individuals appointed under this section possess the necessary qualifications and experience for the position to which appointed. “(c) Limitation.—The total number of appointments made under this section in any year may not exceed 50 appointments. “(d) Reports.—“(1) Initial report.—Not later than one year after the date of the enactment of this Act [Aug. 13, 2018], the Secretary shall submit to the committees of Congress and official specified in paragraph (4) a report on the number and type of appointments made under this section as of the date of the report, including—“(A) a description of the qualifications of the individuals appointed; and “(B) data on the time required to appoint the individuals. “(2) Final report.—Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the committees of Congress and official specified in paragraph (4) a report on the use of the authority in this section. The report shall include the following:“(A) The number and type of appointments made under this section during the one-year period ending on the date of the report. “(B) Data on and an assessment whether appointments under the authority in this section reduced the time to hire when compared with the time to hire under the current review system of the Office of Personnel Management. “(C) An assessment of the utility of the appointment authority and process under this section. “(D) An assessment whether the appointments made under this section resulted in higher quality new executives for the Senior Executive Service of the Department when compared with the executives produced under the current review system of the Office of Personnel Management. “(E) Any recommendation for the improvement of the selection and qualification process for the Senior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service. “(3) Additional report.—Not later than December 1, 2024, the Secretary shall submit to the committees of Congress specified in paragraph (4) and the Comptroller General of the United States a report on the use of the authority provided in this section. The report shall include the following:“(A) The number and type of appointments made under this section between August 13, 2018, and the date of the report. “(B) Data on and an assessment of whether appointments under the authority in this section reduced the time to hire when compared with the time to hire under the review system of the Office of Personnel Management in use as of the date of the report. “(C) An assessment of the utility of the appointment authority and process under this section. “(D) An assessment of whether the appointments made under this section resulted in higher quality new executives for the Senior Executive Service of the Department when compared with the executives produced in the Department under the review system in use between August 13, 2013, and August 13, 2018. “(E) Any recommendation for the improvement of the selection and qualification process for the Senior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service. “(4) Committees of congress and official.—The committees of Congress and official specified in this paragraph are—“(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; “(B) the Committee on Armed Services and the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives; and “(C) the Director of the Office of Personnel Management. “(e) Sunset.—Subsection (a) shall cease to be effective on September 30, 2025.”
|
||||
@@ -0,0 +1,37 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3393a"
|
||||
description: "Repealed. Pub. L. 107–296, title XIII, § 1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296]"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3393a"
|
||||
citation: "5 U.S.C. § 3393a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3393a"
|
||||
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|
||||
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|
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||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3393a - Repealed. Pub. L. 107–296, title XIII, § 1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 101–194, title V, § 506(a)(1), Nov. 30, 1989, 103 Stat. 1756, related to recertification of career appointees.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3394"
|
||||
description: "Noncareer and limited appointments"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3394"
|
||||
citation: "5 U.S.C. § 3394"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3394"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "f632d39b3f12631794caa28e9d4ab074e3f833326dc704b1052a00dd5c559d6a"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
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||||
text_hash: "bc6b0d3d8e4d13e7987aea0e41affd7085c34aa0c434fcbbf5e82cc4c4418eda"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3394 - Noncareer and limited appointments
|
||||
|
||||
## Text
|
||||
|
||||
(a) Each noncareer appointee, limited term appointee, and limited emergency appointee shall meet the qualifications of the position to which appointed, as determined in writing by the appointing authority.
|
||||
|
||||
(b) An individual may not be appointed as a limited term appointee or as a limited emergency appointee without the prior approval of the exercise of such appointing authority by the Office of Personnel Management.
|
||||
|
||||
(Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1162.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3394, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, which related to personnel ceilings, was renumbered as section 3404 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
|
||||
@@ -0,0 +1,93 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3395"
|
||||
description: "Reassignment and transfer within the Senior Executive Service"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3395"
|
||||
citation: "5 U.S.C. § 3395"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3395"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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source_hash: "d9c23f2791f8c1c8c3a16bbb972069fde68fb6716fb18240b22d6f007887ce9f"
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raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
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text_hash: "3970964f7bda9862df59920495893be6ccbfce153319fea843ab336e0e269fde"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3395 - Reassignment and transfer within the Senior Executive Service
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) A career appointee in an agency—
|
||||
|
||||
(A) may, subject to paragraph (2) of this subsection, be reassigned to any Senior Executive Service position in the same agency for which the appointee is qualified; and
|
||||
|
||||
(B) may transfer to a Senior Executive Service position in another agency for which the appointee is qualified, with the approval of the agency to which the appointee transfers.
|
||||
|
||||
(2) (A) Except as provided in subparagraph (B) of this paragraph, a career appointee may be reassigned to any Senior Executive Service position only if the career appointee receives written notice of the reassignment at least 15 days before the effective date of such reassignment.
|
||||
|
||||
(B) (i) A career appointee may not be reassigned to a Senior Executive Service position outside the career appointee’s commuting area unless—
|
||||
|
||||
(I) before providing notice under subclause (II) of this clause (or seeking or obtaining the consent of the career appointee under clause (ii) of this subparagraph to waive such notice), the agency consults with the career appointee on the reasons for, and the appointee’s preferences with respect to, the proposed reassignment; and
|
||||
|
||||
(II) the career appointee receives written notice of the reassignment, including a statement of the reasons for the reassignment, at least 60 days before the effective date of the reassignment.
|
||||
|
||||
(ii) Notice of reassignment under clause (i)(II) of this subparagraph may be waived with the written consent of the career appointee involved.
|
||||
|
||||
(b) (1) Notwithstanding section 3394(b) of this title, a limited emergency appointee may be reassigned to another Senior Executive Service position in the same agency established to meet a bona fide, unanticipated, urgent need, except that the appointee may not serve in one or more positions in such agency under such appointment in excess of 18 months.
|
||||
|
||||
(2) Notwithstanding section 3394(b) of this title, a limited term appointee may be reassigned to another Senior Executive Service position in the same agency the duties of which will expire at the end of a term of 3 years or less, except that the appointee may not serve in one or more positions in the agency under such appointment in excess of 3 years.
|
||||
|
||||
(c) A limited term appointee or a limited emergency appointee may not be appointed to, or continue to hold, a position under such an appointment if, within the preceding 48 months, the individual has served more than 36 months, in the aggregate, under any combination of such types of appointment.
|
||||
|
||||
(d) A noncareer appointee in an agency—
|
||||
|
||||
(1) may be reassigned to any general position in the agency for which the appointee is qualified; and
|
||||
|
||||
(2) may transfer to a general position in another agency with the approval of the agency to which the appointee transfers.
|
||||
|
||||
(e) (1) Except as provided in paragraph (2) of this subsection, a career appointee in an agency may not be involuntarily reassigned—
|
||||
|
||||
(A) within 120 days after an appointment of the head of the agency; or
|
||||
|
||||
(B) within 120 days after the appointment in the agency of the career appointee’s most immediate supervisor who—
|
||||
|
||||
(i) is a noncareer appointee; and
|
||||
|
||||
(ii) has the authority to make an initial appraisal of the career appointee’s performance under subchapter II of chapter 43.
|
||||
|
||||
(2) Paragraph (1) of this subsection does not apply with respect to—
|
||||
|
||||
(A) any reassignment under section 4314(b)(3) of this title; or
|
||||
|
||||
(B) any disciplinary action initiated before an appointment referred to in paragraph (1) of this subsection.
|
||||
|
||||
(3) For the purpose of applying paragraph (1) to a career appointee, any days (not to exceed a total of 60) during which such career appointee is serving pursuant to a detail or other temporary assignment apart from such appointee’s regular position shall not be counted in determining the number of days that have elapsed since an appointment referred to in subparagraph (A) or (B) of such paragraph.
|
||||
|
||||
(Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1163; amended Pub. L. 98–615, title III, § 304(a), Nov. 8, 1984, 98 Stat. 3218; Pub. L. 102–175, § 3, Dec. 2, 1991, 105 Stat. 1222.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3395, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, which related to nonapplicability of part-time career employment opportunities program was renumbered as section 3405 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.
|
||||
|
||||
Amendments1991—Subsec. (e)(1)(B)(ii). Pub. L. 102–175, § 3(1), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “has the authority to reassign the career appointee.” Subsec. (e)(3). Pub. L. 102–175, § 3(2), added par. (3). 1984—Subsec. (a)(2). Pub. L. 98–615 designated existing provisions as subpar. (A), inserted exception relating to subpar. (B), and added subpar. (B).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–615 effective Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as a note under section 3393 of this title.
|
||||
|
||||
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3396"
|
||||
description: "Development for and within the Senior Executive Service"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3396"
|
||||
citation: "5 U.S.C. § 3396"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3396"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "156ddb984356c22d8e903df88e660321c01f92d3ab4eeb8635ff1b4a77b8880f"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "958b5ccc0880d07e0c4763e8134f33d04702a15843a236e84fef5e360b12b75d"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3396 - Development for and within the Senior Executive Service
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office of Personnel Management shall establish programs for the systematic development of candidates for the Senior Executive Service and for the continuing development of senior executives, or require agencies to establish such programs which meet criteria prescribed by the Office.
|
||||
|
||||
(b) The Office shall assist agencies in the establishment of programs required under subsection (a) of this section and shall monitor the implementation of the programs. If the Office finds that any agency’s program under subsection (a) of this section is not in compliance with the criteria prescribed under such subsection, it shall require the agency to take such corrective action as may be necessary to bring the program into compliance with the criteria.
|
||||
|
||||
(c) (1) The head of an agency may grant a sabbatical to any career appointee for not to exceed 11 months in order to permit the appointee to engage in study or uncompensated work experience which will contribute to the appointee’s development and effectiveness. A sabbatical shall not result in loss of, or reduction in, pay, leave to which the career appointee is otherwise entitled, credit for time or service, or performance or efficiency rating. The head of the agency may authorize in accordance with chapter 57 of this title such travel expenses (including per diem allowances) as the head of the agency may determine to be essential for the study or experience.
|
||||
|
||||
(2) A sabbatical under this subsection may not be granted to any career appointee—
|
||||
|
||||
(A) more than once in any 10-year period;
|
||||
|
||||
(B) unless the appointee has completed 7 years of service—
|
||||
|
||||
(i) in one or more positions in the Senior Executive Service;
|
||||
|
||||
(ii) in one or more other positions in the civil service the level of duties and responsibilities of which are equivalent to the level of duties and responsibilities of positions in the Senior Executive Service; or
|
||||
|
||||
(iii) in any combination of such positions, except that not less than 2 years of such 7 years of service must be in the Senior Executive Service; and
|
||||
|
||||
(C) if the appointee is eligible for voluntary retirement with a right to an immediate annuity under section 8336 of this title.
|
||||
|
||||
Any period of assignment under section 3373 of this title, relating to assignments of employees to State and local governments, shall not be considered a period of service for the purpose of subparagraph (B) of this paragraph.
|
||||
|
||||
(3) (A) Any career appointee in an agency may be granted a sabbatical under this subsection only if the appointee agrees, as a condition of accepting the sabbatical, to serve in the civil service upon the completion of the sabbatical for a period of 2 consecutive years.
|
||||
|
||||
(B) Each agreement required under subparagraph (A) of this paragraph shall provide that in the event the career appointee fails to carry out the agreement (except for good and sufficient reason as determined by the head of the agency who granted the sabbatical) the appointee shall be liable to the United States for payment of all expenses (including salary) of the sabbatical. The amount shall be treated as a debt due the United States.
|
||||
|
||||
(d) (1) The Office shall encourage and assist individuals to improve their skills and increase their contribution by service in a variety of agencies as well as by accepting temporary placements in State or local governments or in the private sector.
|
||||
|
||||
(2) In order to promote the professional development of career appointees and to assist them in achieving their maximum levels of proficiency, the Office shall, in a manner consistent with the needs of the Government provide appropriate informational services and otherwise encourage career appointees to take advantage of any opportunities relating to—
|
||||
|
||||
(A) sabbaticals;
|
||||
|
||||
(B) training; or
|
||||
|
||||
(C) details or other temporary assignments in other agencies, State or local governments, or the private sector.
|
||||
|
||||
(Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1163; amended Pub. L. 102–175, § 4, Dec. 2, 1991, 105 Stat. 1223.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3396, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, which related to issuance of regulations, was renumbered as section 3406 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.
|
||||
|
||||
Amendments1991—Subsec. (d). Pub. L. 102–175 designated existing provisions as par. (1) and added par. (2).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
|
||||
|
||||
Federal Procurement TrainingPub. L. 112–239, div. A, title XVI, § 1633(a), Jan. 2, 2013, 126 Stat. 2076, provided that: “Programs established for the development of senior executives under section 3396(a) of title 5, United States Code, shall include training with respect to Federal procurement requirements, including contracting requirements under the Small Business Act (15 U.S.C. 631 et seq.).”
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 3397"
|
||||
description: "Regulations"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "33"
|
||||
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
|
||||
section: "3397"
|
||||
citation: "5 U.S.C. § 3397"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s3397"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "e888268b7f65221c175f87977ece027eded057de4ac6ddbed506d07160ccca15"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "7ff7aaa60a21146b8e68e884f8da8f67fd520c510a305e9c0cebf8e625b0b214"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 3397 - Regulations
|
||||
|
||||
## Text
|
||||
|
||||
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
|
||||
|
||||
(Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1164.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3397, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1058, which related to reports, was renumbered as section 3407 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226. A prior section 3398, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1058, which related to representation by employee organizations of employees employed on a part-time career employment basis, was renumbered as section 3408 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
|
||||
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