
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC2102]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart A--General Provisions
 
                         CHAPTER 21--DEFINITIONS
 
Sec. 2102. The competitive service

    (a) The ``competitive service'' consists of--
        (1) all civil service positions in the executive branch, 
    except--
            (A) positions which are specifically excepted from the 
        competitive service by or under statute;
            (B) positions to which appointments are made by nomination 
        for confirmation by the Senate, unless the Senate otherwise 
        directs; and
            (C) positions in the Senior Executive Service;

        (2) civil service positions not in the executive branch which 
    are specifically included in the competitive service by statute; and
        (3) positions in the government of the District of Columbia 
    which are specifically included in the competitive service by 
    statute.

    (b) Notwithstanding subsection (a)(1)(B) of this section, the 
``competitive service'' includes positions to which appointments are 
made by nomination for confirmation by the Senate when specifically 
included therein by statute.
    (c) As used in other Acts of Congress, ``classified civil service'' 
or ``classified service'' means the ``competitive service''.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408; Pub. L. 95-454, title IV, 
Sec. 401(b), Oct. 13, 1978, 92 Stat. 1154.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 638 (less            Jan. 16, 1883, ch.
                      applicability to              27, Sec.  7 (less
                      appointment and promotion).   applicability to
                                                    appointment and
                                                    promotion), 22 Stat.
                                                    406.
------------------------------------------------------------------------

    Subsection (a) is restated in the form of a definition.
    Subsection (a)(1) is based on former section 638, which placed 
positions in the executive branch of the Government generally in the 
competitive service by the requirement that employment be predicated on 
passing an examination or being exempted from examination, and section 1 
of the Act of Nov. 26, 1940, ch. 919, title I, 54 Stat. 1211 (see table 
III), which authorized the President, subject to certain exceptions, to 
place in the classified civil service positions in the Executive 
departments, independent establishments, and other agencies of the 
Government. In that Act the word ``executive'' has been construed to 
modify ``departments'', ``independent establishments''; and ``other 
agency''. This construction is supported by the language of the Act of 
Jan. 16, 1883, and is embodied in Civil Service Rule I. Acting under 
this statute, the President has placed all but a comparatively few of 
the positions covered by the Act of Nov. 26, 1940, in the competitive 
service. The remainder are covered by the exceptions contained in the 
Civil Service Rules and Regulations. The authority of the President 
conferred by the Act of Nov. 26, 1940, has been superseded in part by 
exceptions created by statutes enacted after that date. The effect of 
these exceptions and the power conferred on the President by former 
section 633(2)8 (last sentence) to make exceptions to the Civil Service 
Rules are preserved by the words ``positions which are specifically 
excepted from the competitive service by or under statute''.
    In subsection (a)(1)(B), the words ``or to pass an examination'' are 
omitted as covered by the exclusion from the ``competitive service''.
    Subsection (a)(2) preserves the exception stated in former section 
638 modified to recognize the several statutory exceptions to this 
exception that have been enacted. The language of former section 638 
relative to examination is codified in sections 3304(b) and 3361. The 
reference to veterans' preference is omitted because the statute 
referred to, R.S. Sec. 1754, was superseded by sections 3 and 21 of the 
Act of June 18, 1929, ch. 28, 46 Stat. 21. Section 3 of the Act of June 
18, 1929, was superseded by the Act of June 27, 1944, ch. 287, 58 Stat. 
387, as amended, which is carried into this title. Rights preserved by 
section 18 of the Act of June 27, 1944, are further preserved by 
technical section 8. The exception for laborers and workmen was 
superseded by the Act of Nov. 26, 1940.
    Subsection (b) is added because of the provisions in section 3311 of 
title 39.
    Subsection (c) is supplied for conformity inasmuch as the terms are 
coextensive by definition.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1978--Subsec. (a)(1)(C). Pub. L. 95-454 added cl. (C).


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 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 of Pub. L. 95-454, set out as an 
Effective Date note under section 3131 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3132, 3304 of this title; 
title 10 sections 1744, 1792; title 16 section 3198; title 22 section 
3641; title 28 section 569; title 36 section 2102; title 42 section 
2000e; title 49 section 44506.
