§3302. Competitive service; rules
The President may prescribe rules governing the competitive service. The rules shall provide, as nearly as conditions of good administration warrant, for-
(1) necessary exceptions of positions from the competitive service; and
(2) necessary exceptions from the provisions of sections 2951, 3304(a), 3321, 7202, and 7203 of this title.
Each officer and individual employed in an agency to which the rules apply shall aid in carrying out the rules.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 633(1) (less function of Civil Service Commission), (2)8 (last sentence). | Jan. 16, 1883, ch. 27, §2(1) (less function of Civil Service Commission), (2) 8 (last sentence), |
The reference to the competitive service is substituted for the reference to the Act creating that service. The reference to reasons for the exceptions is omitted as covered by section 1308 of this title. The words "provide for" are substituted for "provide and declare". Paragraph (1) is supplied to preserve the President's power to except positions from the competitive service, previously implied from the power to except from the first rule in former section 633(2). Authority to make exceptions to so much of former section 633(2) as is restated in this section and section 1302(a) is omitted as meaningless. Authority to make exceptions to so much of former section 633(2) as is restated in section 3318(a) is omitted as superseded by former section 857, which is carried into section 3318(a). In the last sentence, the words "Each officer and individual employed in an agency" are substituted for "officers of the United States in the departments and offices" because of the restrictive definition of "officer" in section 2104.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1993-Par. (2).
1979-Par. (2).
1978-Par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment; Savings Provision
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Executive Documents
Ex. Ord. No. 11521. Veterans Readjustment Appointment for Veterans of Vietnam Era
Ex. Ord. No. 11521, Mar. 26, 1970, 35 F.R. 5311, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
WHEREAS this Nation has an obligation to assist veterans of the armed forces in readjusting to civilian life;
WHEREAS the Federal Government, as an employer, should reflect its recognition of this obligation in its personnel policies and practices;
WHEREAS veterans, by virtue of their military service, have lost opportunities to pursue education and training oriented toward civilian careers;
WHEREAS the Federal Government is continuously concerned with building an effective workforce, and veterans constitute a major recruiting source; and
WHEREAS the development of skills is most effectively achieved through a program combining employment with education or training:
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution of the United States, by sections 3301 and 3302 of title 5, United States Code, and as President of the United States, it is ordered as follows:
(1) served on active duty in the armed forces of the United States during the Vietnam era;
(2) at the time of his appointment has completed not more than fourteen years of education; and
(3) is found qualified to perform the duties of the position.
(b) Employment under paragraph (a) of this section is authorized only under a training or educational program developed by an agency in accordance with guidelines established by the Office of Personnel Management.
(c) An employee given a veterans readjustment appointment under paragraph (a) of this section shall serve subject to:
(1) the satisfactory performance of assigned duties; and
(2) participation in the training or educational program under which he is appointed.
(d) An employee who does not satisfactorily meet the conditions set forth in paragraph (c) of this section shall be removed in accordance with appropriate procedures.
(e) An employee serving under a veterans readjustment appointment may be promoted, reassigned, or transferred.
(f) An employee who completes the training or educational program and who has satisfactorily completed two years of substantially continuous service under a veterans readjustment appointment shall be converted to career-conditional or career employment. An employee converted under this paragraph shall automatically acquire a competitive status.
(g) In selecting an applicant for appointment under this section, an agency shall not discriminate because of race, color, religion, sex, national origin, or political affiliation.
(b) The Office of Personnel Management may determine the circumstances under which service under a transitional appointment may be deemed service under a veterans readjustment appointment for the purpose of paragraph (f) of section 1 of this order.
(a) "agency" means a military department as defined in section 102 of title 5, United States Code, an executive agency (other than the General Accounting Office [now Government Accountability Office]) as defined in section 105 of title 5, United States Code, and those portions of the legislative and judicial branches of the Federal Government and of the government of the District of Columbia having positions in the competitive service; and
(b) "Vietnam era" means the period beginning August 5, 1964, and ending on such date thereafter as may be determined by Presidential proclamation or concurrent resolution of the Congress.