
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: 5USC3301]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
        SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
 
Sec. 3301. Civil service; generally

    The President may--
        (1) prescribe such regulations for the admission of individuals 
    into the civil service in the executive branch as will best promote 
    the efficiency of that service;
        (2) ascertain the fitness of applicants as to age, health, 
    character, knowledge, and ability for the employment sought; and
        (3) appoint and prescribe the duties of individuals to make 
    inquiries for the purpose of this section.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 417.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 631 (less last 16    R.S. Sec.  1753 (less
                      words).                       last 16 words).
------------------------------------------------------------------------

    The words ``civil service in the executive branch'' are substituted 
for ``civil service of the United States'' to confirm the grant of 
authority in view of the definition of ``civil service'' in section 
2101. The word ``will'' is substituted for ``may''. The words ``for the 
employment sought'' are substituted for ``for the branch of service into 
which he seeks to enter'' as the latter are archaic since there are no 
``branches'' within the executive branch. The word ``applicant'' is 
substituted for ``candidate''.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                      Short Title of 1998 Amendment

    Pub. L. 105-277, div. C, title I, Sec. 151(a), Oct. 21, 1998, 112 
Stat. 2681-611, provided that: ``This section [enacting sections 3345 to 
3349d of this title, repealing former sections 3345 to 3349 of this 
title, and enacting provisions set out as a note under section 3345 of 
this title] may be cited as the `Federal Vacancies Reform Act of 
1998'.''


                      Short Title of 1991 Amendment

    Pub. L. 102-175, Sec. 1, Dec. 2, 1991, 105 Stat. 1222, provided 
that: ``This Act [amending sections 3395, 3396, 5383, and 7701 of this 
title] may be cited as the `Senior Executive Service Improvements 
Act'.''


   Temporary Measures To Facilitate Reemployment of Certain Displaced 
                            Federal Employees

    Pub. L. 102-484, div. D, title XLIV, Sec. 4432, Oct. 23, 1992, 106 
Stat. 2720, provided that:
    ``(a) Definitions.--For the purpose of this section--
        ``(1) the term `agency' means an Executive agency (as defined by 
    section 105 of title 5, United States Code), excluding the General 
    Accounting Office and the Department of Defense; and
        ``(2) the term `displaced employee' means any individual who 
    is--
            ``(A) an employee of the Department of Defense who has been 
        given specific notice that such employee is to be separated due 
        to a reduction in force; or
            ``(B) a former employee of the Department of Defense who was 
        involuntarily separated therefrom due to a reduction in force.
    ``(b) Method of Consideration.--In accordance with regulations which 
the Office of Personnel Management shall prescribe, consistent with 
otherwise applicable provisions of law, an agency shall, in filling a 
vacant position for which a qualified displaced employee has applied in 
timely fashion, give full consideration to the application of the 
displaced employee before selecting any candidate from outside the 
agency for the position.
    ``(c) Limitation.--A displaced employee is entitled to consideration 
in accordance with this section for the 24-month period beginning on the 
date such employee receives the specific notice referred to in 
subsection (a)(2)(A), except that, if the employee is separated pursuant 
to such notice, the right to such consideration shall continue through 
the end of the 24-month period beginning on the date of separation.
    ``(d) Applicability.--(1) This section shall apply to any individual 
who--
        ``(A) became a displaced employee within the 12-month period 
    ending immediately before the date of the enactment of this Act 
    [Oct. 23, 1992]; or
        ``(B) becomes a displaced employee on or after the date of the 
    enactment of this Act and before October 1, 1997.
    ``(2) In the case of a displaced employee described in paragraph 
(1)(A), for purposes of computing any period of time under subsection 
(c), the date of the specific notice described in subsection (a)(2)(A) 
(or, if the employee was separated as described in subsection (a)(2)(B) 
before the date of enactment of this Act, the date of separation) shall 
be deemed to have occurred on such date of enactment.
    ``(3) Nothing in this section shall be considered to apply with 
respect to any position--
        ``(A) which has been filled as of the date of enactment of this 
    Act; or
        ``(B) which has been excepted from the competitive service 
    because of its confidential, policy-determining, policy-making or 
    policy-advocating character.''


             National Advisory Council on the Public Service

    Pub. L. 101-363, Aug. 14, 1990, 104 Stat. 424, provided that:
``SECTION 1. SHORT TITLE.
    ``This Act may be cited as the `National Advisory Council on the 
Public Service Act of 1990'.
``SEC. 2. FINDINGS.
    ``The Congress finds that--
        ``(1) recognition of the services rendered by Federal employees 
    (hereinafter in this Act referred to as `national public service') 
    should be accorded a high and continuing place on the national 
    agenda;
        ``(2) the National Commission on the Public Service, through its 
    good works, has documented the need for greater advocacy on behalf 
    of those performing national public service;
        ``(3) although public service is an honorable profession, 
    members of the public do not always perceive it favorably;
        ``(4) serious obstacles often hinder the Government's efforts to 
    recruit and retain the best and the brightest for national public 
    service;
        ``(5) just as the public has a right to expect Federal employees 
    to adhere to the highest standards of excellence and ethicality, so 
    Federal employees have a right to expect an atmosphere of trust and 
    respect, and a sense of accomplishment from their work; and
        ``(6) an advisory council is needed to provide the President and 
    the Congress with bipartisan, objective assessments of, and 
    recommendations concerning, the Federal workforce.
``SEC. 3. ESTABLISHMENT.
    ``There shall be established a council to be known as the National 
Advisory Council on the Public Service (hereinafter in this Act referred 
to as the `Council').
``SEC. 4. FUNCTIONS.
    ``The Council shall--
        ``(1) regularly assess the state of the Federal workforce;
        ``(2) in conjunction with the President, the Congress, and the 
    Judiciary, seek to attract individuals of the highest caliber to 
    careers involving national public service, and encourage them and 
    others of similar distinction who are already part of the Federal 
    workforce to make a continuing commitment to national public 
    service;
        ``(3) promote better public understanding of the role of Federal 
    employees in implementing Government programs and policies, and 
    otherwise seek to improve the public perception of Federal 
    employees;
        ``(4) encourage efforts to build student interest in performing 
    national public service (whether those efforts are undertaken at the 
    community level, in the classroom, or otherwise); and
        ``(5) develop methods for improving motivation and excellence 
    among Federal employees.
``SEC. 5. MEMBERSHIP.
    ``(a) Number and Appointment.--The Council shall be composed of 15 
members as follows:
        ``(1) 2 Members of the Senate, 1 of whom shall be appointed by 
    the majority leader of the Senate and the other of whom shall be 
    appointed by the minority leader of the Senate.
        ``(2) 2 Members of the House of Representatives, 1 of whom shall 
    be appointed by the Speaker of the House of Representatives and the 
    other of whom shall be appointed by the minority leader of the House 
    of Representatives.
        ``(3) The Director of the Administrative Office of the United 
    States Courts (or his delegate).
        ``(4) 10 individuals appointed by the President--
            ``(A) 4 of whom shall be chosen from among officers serving 
        in the executive branch;
            ``(B) 1 of whom shall be chosen from among career employees 
        in the civil service;
            ``(C) 1 of whom shall be a Federal employee who is a member 
        of a labor organization (as defined by section 7103(a)(4) of 
        title 5, United States Code); and
            ``(D) 4 of whom shall be chosen from among members of the 
        public who do not hold any Government office or position.
    ``(b) Continuation of Membership.--If any member of the Council 
whose appointment is based on that individual's holding a Government 
office or position leaves such office or position, or if any member of 
the Council under subsection (a)(4)(D) is appointed or elected to a 
Government office or position, that individual may continue to serve as 
such a member for not longer than the 90-day period beginning on the 
date of leaving that office or position, or entering into that office or 
position, as the case may be.
    ``(c) Terms.--Members of the Council shall be appointed for the life 
of the Council.
    ``(d) Vacancies.--A vacancy in the Council shall be filled in the 
manner in which the original appointment was made.
    ``(e) Compensation.--(1) Members of the Council shall not be 
entitled to pay (or, in the case of members holding any Government 
office or position, pay in addition to any to which they are otherwise 
entitled for service in such office or position) by virtue of membership 
on the Council.
    ``(2) While serving away from their homes or regular places of 
business in the performance of duties for the Council, members shall be 
allowed travel expenses, including per diem in lieu of subsistence, in 
the same manner as authorized by section 5703 of title 5, United States 
Code, for persons employed intermittently in Government service.
    ``(f) Quorum.--Eight members of the Council shall constitute a 
quorum.
    ``(g) Chairman.--The Chairman of the Council shall be designated by 
the President from among the members appointed under subsection 
(a)(4)(D).
    ``(h) Meetings.--The Council shall meet at the call of the Chairman 
or a majority of its members, and shall meet on at least a quarterly 
basis.
``SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
    ``(a) Director.--With the approval of the Council, the Chairman may 
appoint a Director and fix the pay of such Director at a rate not to 
exceed the rate for level IV of the Executive Schedule [5 U.S.C. 5315]. 
The Director shall be a person who, by reason of demonstrated ability in 
the area of management, government, or public administration, is 
especially well qualified to serve.
    ``(b) Staff.--With the approval of the Chairman, the Director may 
appoint and fix the pay of such personnel as may be necessary to carry 
out the functions of the Council. The staff of the Council shall be 
appointed subject to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and shall be paid in 
accordance with the provisions of chapter 51 and subchapter III of 
chapter 53 of such title relating to classification and General Schedule 
pay rates.
    ``(c) Experts and Consultants.--The Council may procure temporary or 
intermittent services under section 3109(b) of title 5, United States 
Code, but at rates for individuals not to exceed the daily equivalent of 
the maximum rate payable under the General Schedule.
    ``(d) Staff of Federal Agencies.--Upon the request of the Chairman, 
the head of a Federal agency may detail, on a reimbursable or 
nonreimbursable basis, any personnel of such agency to the Council to 
assist the Council in carrying out its functions under this Act.
``SEC. 7. POWERS.
    ``(a) Mails.--The Council may use the United States mails in the 
same manner and under the same conditions as other Federal agencies.
    ``(b) Administrative Support Services.--The Administrator of General 
Services shall provide to the Council, on a reimbursable basis, such 
administrative support services as the Council may request.
    ``(c) Official Data.--The Council may secure directly from any 
Federal agency information necessary to carry out its functions under 
this Act. Each such agency is authorized and directed to furnish, to the 
extent permitted by law, any information requested by the Council.
    ``(d) Gifts.--The Council--
        ``(1) may accept money and other property donated, bequeathed, 
    or devised to the Council without condition or restriction (other 
    than that it be used to carry out the work of the Council); and
        ``(2) may use, sell, or otherwise dispose of any such property 
    to carry out its functions under this Act, except that, upon the 
    termination of the Council, any such property shall be disposed of 
    in accordance with applicable provisions of law governing the 
    disposal of Federal property.
``SEC. 8. REPORTS.
    ``The Council shall transmit to the President and each House of the 
Congress--
        ``(1) within 1 and 2 years, respectively, after the date on 
    which the Council first meets, reports containing its preliminary 
    findings and recommendations; and
        ``(2) within 3 years after the date on which the Council first 
    meets, a final report containing a detailed statement of the 
    findings and conclusions of the Council, together with its 
    recommendations for such legislation or administrative actions as it 
    considers appropriate.
``SEC. 9. COMMENCEMENT; TERMINATION.
    ``(a) Commencement.--Appointments under section 5 shall be made, and 
the Council shall first meet, within 90 days after the date of the 
enactment of this Act [Aug. 14, 1990].
    ``(b) Termination.--The Council shall cease to exist upon 
transmitting its final report under section 8(2).
``SEC. 10. AUTHORIZATION.
    ``There is authorized to be appropriated such sums as may be 
necessary to carry out this Act.''

        Ex. Ord. No. 8743. Extending the Classified Civil Service

    Ex. Ord. No. 8743, Apr. 23, 1941, as amended by Ex. Ord. No. 9230, 
Aug. 20, 1942; Ex. Ord. No. 9678, Jan. 14, 1946; Ex. Ord. No. 9712, Apr. 
13, 1946; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
    By virtue of the authority vested in me by section 1 of the act of 
November 26, 1940, entitled ``Extending the Classified Executive Civil 
Service of the United States'' (54 Stat. 1211), by the Civil Service Act 
(22 Stat. 403), and by section 1753 of the Revised Statutes of the 
United States [sections 3301 and 7301 of this title], it is hereby 
ordered as follows:
    Section 1. All offices and positions in the executive civil service 
of the United States except (1) those that are temporary, (2) those 
expressly excepted from the provisions of section 1 of the said act of 
November 26, 1940, (3) those excepted from the classified service under 
Schedules A and B of the Civil Service Rules, and (4) those which now 
have a classified status, are hereby covered into the classified civil 
service of the Government.
    Section 2. Section 1 of this order shall become effective on January 
1, 1942, except that as to positions affected thereby which are vacant 
at any time after June 30, 1941, and before January 1, 1942, it shall 
become effective when the vacancies first exist during such period, and 
appointments to such vacant positions shall be made in accordance with 
the Civil Service Rules as amended by section 3 of this order, unless 
prior express permission is given by the Office of Personnel Management 
for appointment without regard thereto.
    Section 3. (a) Upon consideration of the report of the Committee on 
Civil Service Improvement (House Document No. 118, 77th Congress) 
appointed by Executive Order No. 8044 of January 31, 1939, it is hereby 
found and determined that the regulations and procedures hereinafter 
prescribed in this section with respect to attorney positions in the 
classified civil service are required by the conditions of good 
administration.
    (b) There is hereby created in the Office of Personnel Management 
(hereinafter referred to as the Office) a board to be known as the Board 
of Legal Examiners (hereinafter referred to as the Board). The Board 
shall consist of the Solicitor General of the United States and the 
chief law officer of the Office of Personnel Management, as members ex 
officio, and nine members to be appointed by the President, four of whom 
shall be attorneys chosen from the chief officers of the Executive 
departments, agencies or corporate instrumentalities of the Government, 
two from the law-teaching profession, and three from attorneys engaged 
in private practice. The President shall designate the chairman of the 
Board. Five members shall constitute a quorum, and the Board may 
transact business notwithstanding vacancies thereon. Members of the 
Board shall receive no salary as such, but shall be entitled to 
necessary expenses incurred in the performance of their duties 
hereunder.
    (c) It shall be the duty of the Board to promote the development of 
a merit system for the recruitment, selection, appointment, promotion, 
and transfer of attorneys in the classified civil service in accordance 
with the general procedures outlined in Plan A of the report of the 
Committee on Civil Service Improvement, appointed by Executive Order No. 
8044 of January 31, 1939.
    (d) The Board, in consultation with the Office, shall determine the 
regulations and procedures under this section governing the recruitment 
and examination of applicants for attorney positions, and the selection, 
appointment, promotion and transfer of attorneys, in the classified 
service.
    (e) The Office shall in the manner determined by the Board establish 
a register or registers for attorney positions in the classified service 
and such positions shall thereafter be filled from such registers as are 
designated by the Board. Unless otherwise determined by the Board, any 
register so established shall not be in effect for a period longer than 
one year from the date of its establishment. Upon request of the Board, 
the Office shall appoint regional or local boards of examiners composed 
of persons approved by the Board, within or without the Federal service, 
to interview and examine applicants as the Board shall direct.
    (f) The number of names to be placed upon any register of eligibles 
for attorney positions shall be limited to the number recommended by the 
Board; and such registers shall not be ranked according to the ratings 
received by the eligibles, except that persons entitled to veterans' 
preference as defined in section 1 of Civil Service Rule VI shall be 
appropriately designated thereon.
    (g) Any person whose name has been placed upon three registers of 
eligibles covering positions of the same grade, and who has not been 
appointed therefrom, shall not thereafter be eligible for placement upon 
any subsequently established register covering positions of such grade.
    (h) So far as practicable and consistent with good administration, 
the eligibles on any register for attorney positions and appointments 
for such register shall be apportioned among the several States and 
Territories and the District of Columbia upon the basis of population as 
ascertained in the last preceding census. The Office shall certify to 
the appointing officer for each vacancy all the eligibles on the 
appropriate register except those whose appointment would, in the 
determination of the Board, be inconsistent with the apportionment 
policy herein prescribed. The appointing officer shall make selections 
for any vacancy or vacancies in attorney positions from the register so 
certified, with sole reference to merit and fitness.
    (i) Any position affected by this section may be filled before 
appropriate registers have been established pursuant to this section 
only by a person whose appointment is approved by the Board. The Board 
may require as a condition of its approval that persons thus proposed 
for appointment pass a noncompetitive examination and may designate 
examining committees composed of persons within or without the Federal 
service to conduct such examinations. Persons whose appointment was 
approved by the Board prior to March 16, 1942, and who pass a 
noncompetitive examination prescribed by the Board shall be eligible for 
a classified civil-service status after the expiration of six months 
from the date of appointment upon compliance with the provisions of 
Section 6 of Civil Service Rule II other than those provisions relating 
to examination. Effective March 16, 1942, all appointments to attorney 
and law clerk (trainee) positions shall be for the duration of the 
present war and for six months thereafter unless specifically limited to 
a shorter period.
    (j) The incumbent of any attorney position covered into the 
classified service by section 1 of this order may acquire a classified 
civil-service status in accordance with the provisions of Section 2(a) 
of the act of November 26, 1940 (54 Stat. 1211) or, in the discretion of 
the Board and when applicable, Section 6, of Civil Service Rule II: 
Provided, That the noncompetitive examination required thereunder shall 
be prescribed by the Office with the approval of the Board.
    (k) The Office with the approval of the Board shall appoint a 
competent person to act as Executive Secretary to the Board; and the 
Office shall furnish such further professionals, clerical, stenographic, 
and other assistants as may be necessary to carry out the provisions of 
this section.
    (l) The Civil Service Rules are hereby amended to the extent 
necessary to give effect to the provisions of this section.
    Section 4. The noncompetitive examinations prescribed pursuant to 
sections 3 and 6 of this order and section 2(a) of the said act of 
November 26, 1940, shall, among other things, require any person taking 
such examination to meet such reasonable standards of physical fitness 
and personal suitability as the Office of Personnel Management may 
prescribe.
    Section 5. Persons who on the effective date of section 1 of this 
order are on furlough or leave without pay from any position covered 
into the classified service by that section may be recalled to duty 
within one year of the date that they are furloughed or given leave 
without pay, and may be continued in such positions thereafter but shall 
not thereby acquire a classified civil-service status. If they are not 
recalled to duty within the time specified herein, they shall be 
separated from the service.
    Section 6. (a) Any person who, in order to perform active service 
with the military or naval forces of the United States, has left a 
position (other than a temporary position) which is covered into the 
classified civil service under section 1 of this order, shall be 
reinstated in such position or to a position of like seniority, status, 
and pay in the same department or agency, and may, upon reinstatement, 
acquire a classified civil-service status: Provided, (1) that he has 
been honorably discharged from the military or naval service, (2) that 
he makes application for reinstatement within 90 days after termination 
of his service with the armed forces or of hospitalization continuing 
after discharge for a period of not more than one year, and (3) that he 
qualifies in such suitable noncompetitive examination as the Office may 
prescribe.
    (b) Any person who, in order to perform active service with the 
military or naval forces of the United States, has left a position in 
any department or agency (other than a temporary position) which is 
covered into the classified civil service under section 1 of this order, 
may, upon his applications and upon the request of the head of the same 
or any other department or agency, be reinstated in any position for 
which the Office finds he is qualified, and upon reinstatement shall 
acquire a classified civil-service status: Provided, (1) that he has 
been honorably discharged from the military or naval service, and (2) 
that he qualifies in such suitable noncompetitive examination as the 
Office may prescribe.
    Section 7. Executive Order No. 8044 of January 31, 1939, is hereby 
revoked so far as it applies to positions covered into the classified 
civil service by this order.

                        Executive Order No. 9367

    Ex. Ord. No. 9367, Aug. 4, 1943, 8 F.R. 11017, which prohibited, 
with certain exceptions, instructions of applicants for civil service 
and foreign service examinations by officers or employees of the 
government, was revoked by Ex. Ord. No. 11408, Apr. 25, 1968, 33 F.R. 
6459.

                 Ex. Ord. No. 10577. Civil Service Rules

    Ex. Ord. No. 10577, Nov. 22, 1954, 19 F.R. 7521, eff. Jan. 23, 1955, 
as amended by Ex. Ord. No. 10641, Oct. 26, 1955, 20 F.R. 8137; Ex. Ord. 
No. 10675, Aug. 21, 1956, 21 F.R. 6327 Jan. 23, 1956; Ex. Ord. No. 
10745, Dec. 12, 1957, 22 F.R. 10025; Ex. Ord. No. 10869, Mar. 9, 1960, 
25 F.R. 2073; Ex. Ord. No. 11315, Nov. 17, 1966, 31 F.R. 14729; Ex. Ord. 
No. 11839, Feb. 15, 1975, 40 F.R. 7351; Ex. Ord. No. 11856, May 7, 1975, 
40 F.R. 20259; Ex. Ord. No. 11887, Nov. 4, 1975, 40 F.R. 51411; Ex. Ord. 
No. 11935; Sept. 2, 1976, 41 F.R. 37301; Ex. Ord. No. 12021, Nov. 30, 
1977, 42 F.R. 61237; Ex. Ord. No. 12043, Mar. 7, 1978, 43 F.R. 9773; Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12125, Mar. 
15, 1979, 44 F.R. 16879; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 
43239; Ex. Ord. No. 12300, Mar. 23, 1981, 46 F.R. 18683; Ex. Ord. No. 
12748, Feb. 1, 1991, 56 F.R. 4521; Ex. Ord. No. 12896, Feb. 3, 1994, 59 
F.R. 5515; Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 61519; Ex. Ord. 
No. 13124, Sec. 2(b), June 4, 1999, 64 F.R. 31103, Ex. Ord. No. 13197, 
Jan. 18, 2001, 66 F.R. 7853; provided:

                       PART I--CIVIL SERVICE RULES

    Section 101. The Civil Service Rules are hereby amended to read as 
follows:

                    Rule I--Coverage and Definitions

        Sec. 1.1. Positions and Employees Affected by These Rules

    These Rules shall apply to all positions in the competitive service 
and to all incumbents of such positions. Except as expressly provided in 
the Rule concerned, these Rules shall not apply to positions and 
employees in the excepted service.

               Sec. 1.2. Extent of the Competitive Service

    The competitive service shall include: (a) All civilian positions in 
the executive branch of the Government unless specifically excepted 
therefrom by or pursuant to statute or by the Office of Personnel 
Management (hereafter referred to in these Rules as the Office) under 
section 6.1 of Rule VI; and (b) all positions in the legislative and 
judicial branches of the Federal Government and in the Government of the 
District of Columbia which are specifically made subject to the civil-
service laws by statute. The Office is authorized and directed to 
determine finally whether a position is in the competitive service.

                          Sec. 1.3. Definitions

    As used in these Rules:
    (a) ``Competitive service'' shall have the same meaning as the words 
``classified service'', or ``classified (competitive) service'', or 
``classified civil service'' as defined in existing statutes and 
executive orders.
    (b) ``Competitive position'' shall mean a position in the 
competitive service.
    (c) ``Competitive status'' shall mean basic eligibility to be 
noncompetitively selected to fill a vacancy in a competitive position. A 
competitive status shall be acquired by career-conditional or career 
appointment through open competitive examination upon satisfactory 
completion of a probationary period, or may be granted by statute, 
executive order, or the Civil Service Rules without competitive 
examination. A person with competitive status may be promoted, 
transferred, reassigned, reinstated, or demoted without taking an open 
competitive examination, subject to the conditions prescribed by the 
Civil Service Rules and Regulations.
    (d) An employee shall be considered as being in the competitive 
service when he has a competitive status and occupies a competitive 
position unless he is serving under a temporary appointment: Provided, 
That an employee who is in the competitive service at the time his 
position is first listed under Schedule A, B, or C shall be considered 
as continuing in the competitive service as long as he continues to 
occupy such position.
    (e) ``Tenure'' shall mean the period of time an employee may 
reasonably expect to serve under his current appointment. Tenure shall 
be granted and governed by the type of appointment under which an 
employee is currently serving without regard to whether he has a 
competitive status or whether his appointment is to a competitive 
position or an excepted position.

                Sec. 1.4. Extent of the Excepted Service

    (a) The excepted service shall include all civilian positions in the 
executive branch of the Government which are specifically excepted from 
the requirements of the Civil Service Act or from the competitive 
service by or pursuant to statute or by the Office under section 6.1 of 
Rule VI.
    (b) ``Excepted service'' shall have the same meaning as the words 
``unclassified service'', or ``unclassified civil service'', or 
``positions outside the competitive civil service'' as used in existing 
statutes and executive orders.
    (c) ``Excepted position'' shall have the same meaning as 
``unclassified position'', or ``position excepted by law'', or 
``position excepted by executive order'', or ``position excepted by 
Civil Service Rule'', or ``position outside the competitive service'' as 
used in existing statutes and executive orders.

           Rule II--Appointment Through the Competitive System

        Sec. 2.1. Competitive Examinations and Eligible Registers

    (a) The Office shall be responsible for open competitive 
examinations for admission to the competitive service which will fairly 
test the relative capacity and fitness of the persons examined for the 
position to be filled. The Office is authorized to establish standards 
with respect to citizenship, age, education, training and experience, 
suitability, and physical and mental fitness, and for residence or other 
requirements which applicants must meet to be admitted to or rated in 
examinations.
    (b) In addition to the names of persons who qualify in competitive 
examinations, the names of persons who have lost eligibility on a career 
or career-conditional register because of service in the armed forces, 
and the names of persons who lost opportunity for certification or who 
have served under career or career-conditional appointment when the 
Office determines that they should be given certification, may also be 
entered at such places on appropriate registers and under such 
conditions as the Office may prescribe.
    (c) Whenever the Office of Personnel Management (1) is unable to 
certify a sufficient number of names to permit the appointing officer to 
consider three eligibles for appointment to a fourth-class postmaster 
position in accordance with the regular procedure, or (2) finds that a 
particular rate of compensation for fourth-class postmaster positions is 
too low to warrant regular competitive examinations for such positions, 
it may authorize appointment to any such position or positions in 
accordance with such procedure as may be prescribed by the Office. 
Persons appointed under this subsection may acquire competitive status 
subject to satisfactory completion of a probationary period prescribed 
by the Office.

                         Sec. 2.2. Appointments

    (a) The Office shall establish and administer a career-conditional 
appointment system for positions subject to competitive examination 
which will permit adjustment of the career service to necessary 
fluctuations in Federal employment, and provide an equitable and orderly 
system for stabilizing the Federal work force. A competitive status 
shall be acquired by a career-conditional appointee upon satisfactory 
completion of a probationary period, but the appointee shall have 
career-conditional tenure for a period of service to be prescribed by 
regulation of the Office. When an employee has completed the required 
period of service his appointment shall be converted to a career 
appointment without time limitation: Provided, That his career-
conditional appointment shall not be converted to a career appointment 
if the limitation on the number of permanent employees in the Federal 
civil service established under subsection (b) of this section would be 
exceeded thereby. Persons selected from competitive civil service 
registers for other than temporary appointment shall be given career-
conditional appointments: Provided, That career appointments shall be 
given to the following classes of eligibles: (1) Persons whose 
appointments are required by statute to be made on a permanent basis; 
(2) employees serving under career appointments at the time of 
selections from such registers; (3) former employees who have 
eligibility for career appointments upon reinstatement; and (4) to the 
extent permitted by law, persons appointed to positions in the field 
service of the Post Office Department for which salary rates are fixed 
by the act of July 6, 1945, 59 Stat. 435, as heretofore or hereafter 
amended and supplemented.
    (b) Under the career-conditional appointment system there shall be a 
limit on the number of permanent employees in the Federal civil service 
which shall be the ceiling established by section 1310 of the 
Supplemental Appropriation Act, 1952 (65 Stat. 757), as amended [set out 
as a note under section 3101 of this title]. In the event section 1310, 
supra, is repealed, the Office is authorized to fix such limitation on 
the number of permanent employees in the Federal civil service as it 
finds necessary to meet the needs of the service.
    (c) The Office may determine the types, duration, and conditions of 
indefinite and temporary appointments, and may prescribe the method for 
replacing persons holding such appointments.

                         Sec. 2.3. Apportionment

    Subject to such modifications as the Office finds to be necessary in 
the interest of good administration, appointments to positions in 
agencies' headquarters offices which are located within the metropolitan 
area of Washington, D.C., shall be made so as to maintain the 
apportionment of appointments among the several States, Territories, and 
the District of Columbia upon the basis of population.

                      Sec. 2.4. Probationary Period

    Persons selected from registers of eligibles for career or career-
conditional appointment and employees promoted, transferred, or 
otherwise assigned, for the first time, to supervisory or managerial 
positions shall be required to serve a probationary period under terms 
and conditions prescribed by the Office.

             Rule III--Noncompetitive Acquisition of Status

  Sec. 3.1. Classes of Persons Who May Noncompetitively Acquire Status

    (a) Upon recommendation by the agency concerned, and subject to such 
noncompetitive examination, time limits, or other requirements as the 
Office may prescribe, the following classes of persons may acquire a 
competitive status without competitive examination:
    (1) A person holding a permanent position when it is placed in the 
competitive service by statute or executive order or is otherwise made 
subject to competitive examination.
    (2) A disabled veteran who, in a manner satisfactory to the Office, 
has completed a course of training in the executive branch of the 
Government prescribed by the Administrator of Veterans' Affairs in 
accordance with the act of March 24, 1943, 57 Stat. 43.
    (3) An employee who has served at least two years in the immediate 
office of the President or on the White House Staff and who is 
transferred to a competitive position at the request of an agency.
    (4) An employee who was serving when his name was reached for 
certification on a civil-service register appropriate for the position 
in which he was serving: Provided, That the recommendation for 
competitive status is made prior to expiration of the register on which 
his name appears or is made during a period of continuous service since 
his name was reached: Provided further, That the register was being used 
for appointments conferring competitive status at the time his name was 
reached.
    (b) Upon recommendation by the employing agency, and subject to such 
requirements as the Office of Personnel Management may prescribe, the 
following classes of handicapped employees may acquire competitive 
status without competitive examination:
    (1) A severely physically handicapped employee who completes at 
least two years of satisfactory service in a position excepted from the 
competitive service.
    (2) A mentally retarded employee who completes at least two years of 
satisfactory service in a position excepted from the competitive 
service.
    (3) An employee with psychiatric disabilities who completes at least 
2 years of satisfactory service in a position excepted from the 
competitive service.

  Sec. 3.2. Appointments Without Competitive Examination in Rare Cases

    Subject to receipt of satisfactory evidence of the qualifications of 
the person to be appointed, the Office may authorize an appointment in 
the competitive service without competitive examination whenever it 
finds that the duties or compensation of the position are such, or that 
qualified persons are so rare, that, in the interest of good civil-
service administration, the position cannot be filled through open 
competitive examination. Any person heretofore or hereafter appointed 
under this section shall acquire a competitive status upon completion of 
at least one year of satisfactory service and compliance with such 
requirements as the Office may prescribe. Detailed statements of the 
reasons for the noncompetitive appointments made under this section 
shall be published in the Office's annual reports.

                  Sec. 3.3. Conversion of Appointments

    Any person who acquires a competitive status under this Rule shall 
have his appointment converted to career-conditional appointment unless 
he meets the service requirement for career appointment prescribed under 
section 2.2 (a) of Rule II.

                      Rule IV--Prohibited Practices

 Sec. 4.1. [Revoked by Ex. Ord. No. 12896, Feb. 3, 1994, 59 F.R. 5515.]

      Sec. 4.2. Prohibition Against Racial, Political or Religious 
                             Discrimination

    No person employed in the executive branch of the Federal Government 
who has authority to take or recommend any personnel action with respect 
to any person who is an employee in the competitive service or any 
eligible or applicant for a position in the competitive service shall 
make any inquiry concerning the race, political affiliation or religious 
beliefs of any such employee, eligible, or applicant. All disclosures 
concerning such matters shall be ignored, except as to such membership 
in political parties or organizations as constitutes by law a 
disqualification for Government employment. No discrimination shall be 
exercised, threatened, or promised by any person in the executive branch 
of the Federal Government against or in favor of any employee in the 
competitive service, or any eligible or applicant for a position in the 
competitive service because of his race, political affiliation or 
religious beliefs, except as may be authorized or required by law.

   Sec. 4.3. Prohibition Against Securing Withdrawal From Competition

    No person shall influence another person to withdraw from 
competition for any position in the competitive service for the purpose 
of either improving or injuring the prospects of any applicant for 
appointment.

    Rule V--Regulations, Investigations, Evaluation, and Enforcement

                   Sec. 5.1. Civil Service Regulations

    The Director, Office of Personnel Management, shall promulgate and 
enforce regulations necessary to carry out the provisions of the Civil 
Service Act and the Veterans' Preference Act, as reenacted in Title 5, 
United States Code [now covered by this chapter and chapter 35 of this 
title], the Civil Service Rules, and all other statutes and Executive 
orders imposing responsibilities on the Office. The Director is 
authorized, whenever there are practical difficulties and unnecessary 
hardships in complying with the strict letter of the regulation, to 
grant a variation from the strict letter of the regulation if such a 
variation is within the spirit of the regulations, and the efficiency of 
the Government and the integrity of the competitive service are 
protected and promoted. Whenever a variation is granted the Director 
shall note the official record to show: (1) the particular practical 
difficulty or hardship involved, (2) what is permitted in place of what 
is required by regulation, (3) the circumstances which protect or 
promote the efficiency of the Government and the integrity of the 
competitive service, and (4) a statement limiting the application of the 
variation to the continuation of the conditions which gave rise to it. 
Like variations shall be granted whenever like conditions exist. All 
such decisions and information concerning variations noted in the 
official record shall be published promptly in a Federal Personnel 
Manual, Letter or Bulletin and in the Director's next annual report.

                 Sec. 5.2. Investigation and Evaluations

    The Director may secure effective implementation of the civil 
service laws, rules, and regulations, and all Executive orders imposing 
responsibilities on the Office by:
    (a) Investigating the qualifications and suitability of applicants 
for positions in the competitive service. The Director may require 
appointments to be made subject to investigation to enable the Director 
to determine, after appointment, that the requirements of law or the 
civil service rules and regulations have been met.
    (b) Evaluating the effectiveness of: (1) personnel policies, 
programs, and operations of Executive and other Federal agencies subject 
to the jurisdiction of the Office, including their effectiveness with 
regard to merit selection and employee development; (2) agency 
compliance with and enforcement of applicable laws, rules, regulations 
and office directives; and (3) agency personnel management evaluation 
systems.
    (c) Investigating, or directing an agency to investigate and report 
on, apparent violations of applicable laws, rules, regulations, or 
directives requiring corrective action, found in the course of an 
evaluation.

                          Sec. 5.3. Enforcement

    (a) The Director is authorized to ensure enforcement of the civil 
service laws, rules, and regulations, and all applicable Executive 
orders, by:
    (1) Instructing an agency to separate or take other action against 
an employee serving an appointment subject to investigation when the 
Director finds that the employee is disqualified for Federal employment. 
Where the employee or the agency appeals the Director's finding that a 
separation or other action is necessary, the Director may instruct the 
agency as to whether or not the employee should remain on duty and 
continue to receive pay pending adjudication of the appeal: Provided, 
That when an agency separates or takes other action against an employee 
pursuant to the Director's instructions, and the Director, on the basis 
of new evidence, subsequently reverses the initial decision as to the 
employee's qualifications and suitability, the agency shall, upon 
request of the Director, restore the employee to duty or otherwise 
reverse any action taken.
    (2) Reporting the results of evaluation or investigations to the 
head of the agency concerned with instructions for any corrective action 
necessary, including cancellation of personnel actions where 
appropriate. The Director's findings resulting from evaluations or 
investigations are binding unless changed as a result of agency evidence 
and arguments against them. If, during the course of any evaluation or 
investigation under this Section, the Director finds evidence of matters 
which come within the investigative and prosecutorial jurisdiction of 
the Special Counsel of the Merit Systems Protection Board, the Director 
shall refer this evidence to the Special Counsel for appropriate 
disposition.
    (b) Whenever the Director issues specific instructions as to 
separation or other corrective action with regard to an employee, 
including cancellation of a personnel action, the head of the agency 
concerned shall comply with the Director's instructions.
    (c) If the agency head fails to comply with the specific 
instructions of the Director as to separation or other corrective action 
with regard to an employee, including cancellation of a personnel 
action, the Director may certify to the Comptroller General of the 
United States the agency's failure to act together with such additional 
information as the Comptroller General may require, and shall furnish a 
copy of such certification to the head of the agency concerned. The 
individual with respect to whom such separation or other corrective 
action was instructed shall be entitled thereafter to no pay or only to 
such pay as appropriate to effectuate the Director's instructions.

                   Sec. 5.4. Information and Testimony

    When required by the Office, the Merit Systems Protection Board, or 
the Special Counsel of the Merit Systems Protection Board, or by 
authorized representatives of these bodies, agencies shall make 
available to them, or to their authorized representatives, employees to 
testify in regard to matters inquired of under the civil service laws, 
rules, and regulations, and records pertinent to these matters. All such 
employees, and all applicants or eligibles for positions covered by 
these rules, shall give to the Office, the Merit Systems Protection 
Board, the Special Counsel, or to their authorized representatives, all 
information, testimony, documents, and material in regard to the above 
matters, the disclosure of which is not otherwise prohibited by law or 
regulation. These employees, applicants, and eligibles shall sign 
testimony given under oath or affirmation before an officer authorized 
by law to administer oaths. Employees are performing official duty when 
testifying or providing evidence pursuant to this section.

            Rule VI--Exceptions From the Competitive Service

  Sec. 6.1. Authority To Except Positions From the Competitive Service

    (a) The Office may except positions from the competitive service 
when it determines that appointments thereto through competitive 
examination are not practicable. These positions shall be listed in the 
Office's annual report for the fiscal year in which the exceptions are 
made.
    (b) The Office shall decide whether the duties of any particular 
position are such that it may be filled as an excepted position under 
the appropriate schedule.
    (c) Notice of the Office's decision granting authority to make 
appointments to an excepted position under the appropriate schedule 
shall be published in the Federal Register.

                Sec. 6.2. Schedules of Excepted Positions

    The Office shall list positions that it excepts from the competitive 
service in Schedules A, B, and C, which schedules shall constitute parts 
of this Rule, as follows:

                               schedule a

    Positions other than those of a confidential or policy-determining 
character for which it is not practicable to examine shall be listed in 
Schedule A.

                               schedule b

    Positions other than those of a confidential or policy-determining 
character for which it is not practicable to hold a competitive 
examination shall be listed in Schedule B. Appointments to these 
positions shall be subject to such noncompetitive examinations as may be 
prescribed by the Office.

                               schedule c

    Positions of a confidential or policy-determining character shall be 
listed in Schedule C.

 Sec. 6.3. Method of Filling Excepted Positions and Status of Incumbents

    (a) The head of an agency may fill excepted positions by the 
appointment of persons without civil service eligibility or competitive 
status and such persons shall not acquire competitive status by reason 
of such appointment: Provided, That the Office, in its discretion, may 
by regulation prescribe conditions under which excepted positions may be 
filled in the same manner as competitive positions are filled and 
conditions under which persons so appointed may acquire a competitive 
status in accordance with the Civil Service Rules and Regulations.
    (b) To the extent permitted by law and the provisions of this Rule, 
appointments and position changes in the excepted service shall be made 
in accordance with such regulations and practices as the head of the 
agency concerned finds necessary.

          Sec. 6.4. Removal of Incumbents of Excepted Positions

    Except as may be required by statute, the Civil Service Rules and 
Regulations shall not apply to removals from positions listed in 
Schedules A and C or from positions excepted from the competitive 
service by statute. The Civil Service Rules and Regulations shall apply 
to removals from positions listed in Schedule B of persons who have 
competitive status.

               Sec. 6.5. Assignment of Excepted Employees

    No person who is serving under an excepted appointment shall be 
assigned to the work of a position in the competitive service without 
prior approval of the Office.

                   Sec. 6.6. Revocation of Exceptions

    The Office may remove any position from or may revoke in whole or in 
part any provision of Schedule A, B, or C. Notice of the Office's 
decision making these changes shall be published in the Federal 
Register.

Sec. 6.7. Movement of Persons Between the Civil-Service System and Other 
                              Merit Systems

    Whenever the Office and any Federal agency having an established 
merit system determine it to be in the interest of good administration 
and consistent with the intent of the civil-service laws and any other 
applicable laws, they may enter into an agreement prescribing conditions 
under which persons may be moved from one system to the other and 
defining the status and tenure that the persons affected shall acquire 
upon such movement.

                     Sec. 6.8. Specified Exceptions

    (a) Positions in the Department of the Interior and in the 
Department of Commerce whose incumbents serve as the principal 
representative of the Secretary in their respective regions shall be 
listed in Schedule C for grades not exceeding grade GS-15 of the General 
Schedule, and shall be designated Noncareer Executive Assignments for 
positions graded higher than GS-15. Incumbents of these positions who 
are, on February 15, 1975, in the competitive service shall not be 
affected by the foregoing provisions of this Section.
    (b) Positions in the Community Services Administration and ACTION 
[now Corporation for National and Community Service] whose incumbents 
serve as regional director or regional administrator shall be listed in 
Schedule C for grades not exceeding GS-15 of the General Schedule and 
shall be designated Noncareer Executive Assignments for positions graded 
higher than GS-15. Incumbents of these positions who are, on November 
29, 1977, in the competitive service shall not be affected by the 
foregoing provisions of this subsection.
    (c) Within the Department of Agriculture, positions the incumbents 
of which serve as State Executive Directors of the Consolidated Farm 
Service Agency and positions the incumbents of which serve as State 
Directors or State Directors-at-Large for Rural Economic and Community 
Development shall be listed in Schedule C for all grades of the General 
Schedule.

                      Rule VII--General Provisions

                Sec. 7.1. Discretion in Filling Vacancies

    In his discretion, an appointing officer may fill any position in 
the competitive service either by competitive appointment from a civil-
service register or by noncompetitive selection of a present or former 
Federal employee, in accordance with the Civil Service Regulations. He 
shall exercise his discretion in all personnel actions solely on the 
basis of merit and fitness and without regard to political or religious 
affiliations, marital status, or race.

                      Sec. 7.2. Reemployment Rights

    The Office, whenever it determines it to be necessary, shall 
prescribe regulations governing the release of employees (both within 
the competitive service and the excepted service) by any agency in the 
executive branch of the Government for employment in any other agency, 
and governing the establishment, granting, and exercise of rights to 
reemployment in the agencies from which employees are released.

                          Sec. 7.3. Citizenship

    (a) No person shall be admitted to competitive examination unless 
such person is a citizen or national of the United States.
    (b) No person shall be given any appointment in the competitive 
service unless such person is a citizen or national of the United 
States.
    (c) The Office may, as an exception to this rule and to the extent 
permitted by law, authorize the appointment of aliens to positions in 
the competitive service when necessary to promote the efficiency of the 
service in specific cases or for temporary appointments.

              Rule VIII--Appointments to Overseas Positions

              Sec. 8.1. Additional Authority of the Office

    In addition to authorizing the recruitment and appointment of 
persons to overseas positions under regulations issued under the 
preceding Rules, the Office may, by the regulations prescribed by it, 
authorize the recruitment and appointment of persons to such positions 
as provided in section 2 of this Rule. As used in this Rule, ``overseas 
positions'' means positions in foreign countries and in other areas 
beyond the continental limits of the United States, except as provided 
in section 8.4 hereof.

             Sec. 8.2. Appointment of United States Citizens

    United States citizens may be recruited overseas for appointment to 
overseas positions in the competitive service without regard to the 
competitive requirements of the Civil Service Act. Persons so recruited 
who meet the qualification standards and other requirements of the 
Office for overseas positions may be given appointments to be known as 
``overseas limited appointments.'' Such appointments shall be of 
temporary or indefinite duration, and shall not confer the right to 
acquire a competitive status. The Office may authorize overseas limited 
appointments for United States citizens recruited within the continental 
limits of the United States whenever it determines that it is not 
feasible to appoint from a civil-service register. Persons serving under 
appointments made pursuant to this section are hereby excluded from the 
operation of the Civil Service Retirement Act of May 29, 1930, as 
amended [section 8301 et seq. of this title], unless eligible for 
retirement benefits by continuity of service or otherwise.

   Sec. 8.3. Appointment of Persons Not Citizens of the United States

    Persons who are not citizens of the United States may be recruited 
overseas and appointed to overseas positions without regard to the Civil 
Service Act.

     Sec. 8.4. Positions Excepted From the Application of This Rule

    This Rule shall not apply to positions in Hawaii, Puerto Rico, the 
Virgin Islands, and Alaska, and on the Isthmus of Panama.

                     Rule IX--Workforce Information

                             9.1 Definition

    As used in this rule, ``Executive agency'' means an Executive 
department, a Government corporation, and an independent establishment, 
as those terms are defined in chapter 1 of title 5, United States Code, 
but does not include the Federal Bureau of Investigation, the Central 
Intelligence Agency, the Defense Intelligence Agency, the National 
Imagery and Mapping Agency, the National Security Agency, and, as 
determined by the President, any Executive agency or unit within an 
Executive agency which has as its principal function the conduct of 
foreign intelligence or counterintelligence activities.

                   9.2 Reporting Workforce Information

    The Director of the Office of Personnel Management may require all 
Executive agencies to report information relating to civilian employees, 
including positions and employees in the competitive, excepted, and 
Senior Executive services, in a manner and at times prescribed by the 
Director. The Director shall establish standards for workforce 
information submissions under this section, and agencies shall ensure 
that their submissions meet these standards consistent with the Privacy 
Act [5 U.S.C. 552a]. The Director may exempt from this section a 
specific agency or group of employees when the Director determines that 
an exemption is appropriate because of special circumstances.

Rule X--Agency Accountability Systems; OPM Authority To Review Personnel 
                           Management Programs

                            10.1 Definitions

    For purposes of this rule--
    (a) ``agency'' means an Executive agency as defined in Rule IX, but 
does not include a Government corporation or the General Accounting 
Office; and
    (b) ``merit system principles'' means the principles for Federal 
personnel management that are set forth in section 2301(b) of title 5, 
United States Code.

                      10.2. Accountability Systems

    The Director of the Office of Personnel Management may require an 
agency to establish and maintain a system of accountability for merit 
system principles that (1) sets standards for applying the merit system 
principles, (2) measures the agency's effectiveness in meeting these 
standards, and (3) corrects any deficiencies in meeting these standards.

    10.3. OPM Authority To Review Personnel Management Programs and 
                                Practices

    The Office of Personnel Management may review the human resources 
management programs and practices of any agency and report to the head 
of the agency and the President on the effectiveness of these programs 
and practices, including whether they are consistent with the merit 
system principles.
    [Revoked by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521.]

 PART II--SPECIAL PROVISIONS FOR TRANSITION FROM INDEFINITE APPOINTMENT 
             SYSTEM TO CAREER-CONDITIONAL APPOINTMENT SYSTEM

                            Sec. 201

    (a) Under such conditions as the Office of Personnel Management may 
prescribe, all employees serving under indefinite appointments in the 
competitive service on the effective date of this order who were 
appointed by selection in regular order from appropriate competitive 
civil-service registers established subsequent to February 4, 1946, 
shall, as of the effective date of this order, have their appointments 
converted to career-conditional appointments if they have had less than 
three years of creditable service, and to career appointments if they 
have had three or more years of such service since they were appointed: 
Provided, That any such employees who left their positions prior to the 
effective date of this order to enter the armed forces of the United 
States and are reemployed in the competitive service after the effective 
date of this order pursuant to application for employment made within 
ninety days after honorable discharge, or after hospitalization 
continuing after discharge for not more than one year, shall have their 
former indefinite appointments converted to career-conditional or career 
appointments in accordance with this section: Provided further, That 
employees serving in excepted positions who would meet the conditions 
for career-conditional or career appointments if they were serving in 
competitive positions shall be granted competitive status upon 
completion of a probationary period.
    (b) The Office may prescribe the conditions under which employees 
who are serving under indefinite appointments in the competitive service 
on the effective date of this order and who were not appointed by 
selection in regular order from competitive civil-service registers may 
be examined and have their names entered on existing competitive civil-
service registers. When such employees are within reach for appointment 
from such registers they shall be eligible for career-conditional 
appointments if, since they were given indefinite appointments, they 
have had less than three years of creditable service, and for career 
appointments if they have had three or more years of such service.
    (c) All employees in the competitive service who on the effective 
date of this order are serving under indefinite appointments made 
noncompetitively based upon prior service with a competitive status 
shall, as of the effective date of this order, have their appointments 
converted to career-conditional appointments if they have had less than 
three years of creditable service and to career appointments if they 
have had three or more years of such service under either permanent or 
indefinite appointment: Provided, That any such employees who left their 
positions prior to the effective date of this order to enter the armed 
forces of the United States and are reemployed in the competitive 
service after the effective date of this order pursuant to application 
for employment made within ninety days after honorable discharge, or 
after hospitalization continuing after discharge for not more than one 
year, shall have their former indefinite appointments converted to 
career-conditional or career appointments in accordance with this 
section: Provided further, That any such employees in the field service 
of the Post Office Department whose salary rates are fixed by the act of 
July 6, 1945, 59 Stat. 435, as heretofore or hereafter amended and 
supplemented, shall have their appointments converted to career 
appointments if they are serving in positions in the authorized 
complement of permanent positions (consisting of regular positions and 
positions within the authorized quota of substitutes).
    (d) The Office shall define ``creditable service'' and shall 
prescribe the conditions for completion of the period of creditable 
service required for career appointment.
    (e) Except as provided in section 201(c) hereof, this section shall 
not apply to employees serving under indefinite appointments in the 
field service of the Post Office Department whose salary rates are fixed 
by the act of July 6, 1945, 59 Stat. 435, as heretofore or hereafter 
amended and supplemented.

                            Sec. 202

    (a) Notwithstanding the provisions of section 201(a) of this order, 
and subject to such noncompetitive examination or other requirements as 
the Office may prescribe, any employee entitled to veteran preference 
who has a compensable service-connected disability of ten per centum or 
more may, upon recommendation of the agency concerned, noncompetitively 
acquire a competitive status subject to completion of a probationary 
period: Provided, That he is serving under an indefinite appointment, a 
temporary appointment pending establishment of a register, or a 
temporary appointment for job employment which has been continuous for 
more than one year: Provided further, That recommendation for 
acquisition of status under this section is made not later than December 
31, 1957.
    (b) Any employee who is recommended for noncompetitive acquisition 
of competitive status under section 202(a) hereof and who satisfies the 
noncompetitive examination and other requirements of the Office shall 
have the appointment under which he is serving converted to a career 
appointment if he has completed a probationary period or to a career-
conditional appointment if he has not completed a probationary period. 
The career-conditional appointment of such an employee shall be 
converted to a career appointment upon completion of probation.
    (c) An employee in the field service of the Post Office Department 
whose salary rate is fixed by the act of July 6, 1945, 59 Stat. 435, as 
heretofore or hereafter amended and supplemented, may not be recommended 
for competitive status under section 202(a) hereof unless he can be 
appointed to a vacancy in the authorized complement of permanent 
positions (consisting of regular positions and positions within the 
authorized quota of substitutes). When such an employee is recommended 
for noncompetitive acquisition of competitive status and satisfies the 
noncompetitive examination and other requirements of the Office, his 
appointment shall be converted to a career appointment subject to 
satisfactory completion of a probationary period.

                            Sec. 203

    The career-conditional appointment of any employee entitled to 
veteran preference who has a compensable service-connected disability of 
ten per centum or more may be converted to a career appointment: 
Provided, That he received his career-conditional appointment prior to 
January 1, 1958, and that, not later than December 31, 1958, the agency 
in which he is employed recommends such conversion and certifies to the 
Office that he has satisfactorily completed a one-year probationary 
period: Provided further, That any such employee who is not certified 
for career appointment under this section shall have his career-
conditional appointment converted to a career appointment when he has 
completed the service requirement for such appointment prescribed under 
section 2.2(a) of Civil Service Rule II.

                            Sec. 204

    In order to effectuate the purposes of section 1310 of the 
Supplemental Appropriations Act, 1952 (65 Stat. 757), as amended [set 
out as a note under section 3101 of this title], the Office shall, after 
consultation with the agencies concerned, determine the division of 
allowable permanent appointments within and between the excepted service 
and the competitive service.

                            Sec. 205

    The Office shall issue such regulations and instructions as may be 
necessary to effectuate the purposes of this part.

                                PART III

                            Sec. 301

    The following-described executive orders and parts of executive 
orders are hereby revoked:
    Part II of Executive Order No. 9830 of February 24, 1947, amending 
the Civil Service Rules: Provided, That the positions listed in 
Schedules A, B, and C as provided for in Civil Service Rule VI of that 
order, as amended, shall be considered as being listed in Schedules A, 
B, and C, respectively, as provided for in Civil Service Rule VI of this 
order, unless and until they are removed therefrom by the Office.
    Executive Orders No. 9973 of June 28, 1948, No. 10440 of March 31, 
1953, and No. 10463 of June 25, 1953, amending Civil Service Rule VI.
    Executive Order No. 10180 of November 13, 1950, establishing special 
personnel procedures in the interest of national defense.

                                 PART IV

                            Sec. 401

    This order shall become effective on the first Sunday after the 
sixtieth day after the date hereof.

                        Executive Order No. 10590

    Ex. Ord. No. 10590, Jan. 18, 1955, 20 F.R. 409, as amended by Ex. 
Ord. No. 10722, Aug. 7, 1957, 22 F.R. 6287; Ex. Ord. No. 10773, July 1, 
1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23 F.R. 6971, 
which established the President's Committee on Government Employment 
Policy, was superseded by Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 
12319, set out as a note under section 2000e of Title 42, The Public 
Health and Welfare.

                        Executive Order No. 10880

    Ex. Ord. No. 10880, June 7, 1960, 25 F.R. 5131, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which provided for 
conversion of indefinite or temporary appointments to career or career-
conditional appointments, was revoked by Ex. Ord. No. 12608, Sept. 9, 
1987, 52 F.R. 34617.

                        Executive Order No. 10925

    Ex. Ord. No. 10925, Mar. 7, 1961, 26 F.R. 1977, as amended by Ex. 
Ord. No. 11114, June 24, 1963, 28 F.R. 6485; Ex. Ord. No. 11162, July 
28, 1964, 29 F.R. 10563, which established the President's Committee on 
Equal Employment Opportunity, was superseded by Ex. Ord. No. 11246, 
Sept. 24, 1965, 30 F.R. 12319, set out as a note under section 2000e of 
Title 42, The Public Health and Welfare.

                        Executive Order No. 11114

    Ex. Ord. No. 11114, June 24, 1963, 28 F.R. 6485, as amended by Ex. 
Ord. No. 11162, July 28, 1964, 29 F.R. 10563, which extended the 
authority of the President's Committee on Equal Employment Opportunity, 
was superseded by Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, set 
out as a note under section 2000e of Title 42, The Public Health and 
Welfare.

         Ex. Ord. No. 11141. Discrimination on the Basis of Age

    Ex. Ord. No. 11141, Feb. 12, 1964, 29 F.R. 2477, provided:
    WHEREAS the principle of equal employment opportunity is now an 
established policy of our Government and applies equally to all who wish 
to work and are capable of doing so; and
    WHEREAS discrimination in employment because of age, except upon the 
basis of a bona fide occupational qualification, retirement plan, or 
statutory requirement, is inconsistent with that principle and with the 
social and economic objectives of our society; and
    WHEREAS older workers are an indispensable source of productivity 
and experience which our Nation can ill afford to lose; and
    WHEREAS President Kennedy, mindful that maximum national growth 
depends on the utilization of all manpower resources, issued a 
memorandum on March 14, 1963, reaffirming the policy of the Executive 
Branch of the Government of hiring and promoting employees on the basis 
of merit alone and emphasizing the need to assure that older people are 
not discriminated against because of their age and receive fair and full 
consideration for employment and advancement in Federal employment; and
    WHEREAS, to encourage and hasten the acceptance of the principle of 
equal employment opportunity for older persons by all sectors of the 
economy, private and public, the Federal Government can and should 
provide maximum leadership in this regard by adopting that principle as 
an express policy of the Federal Government not only with respect to 
Federal employees but also with respect to persons employed by 
contractors and subcontractors engaged in the performance of Federal 
contracts:
    NOW, THEREFORE, by virtue of the authority vested in me by the 
Constitution and statutes of the United States and as President of the 
United States, I hereby declare that it is the policy of the Executive 
Branch of the Government that (1) contractors and subcontractors engaged 
in the performance of Federal contracts shall not, in connection with 
the employment, advancement, or discharge of employees, or in connection 
with the terms, conditions, or privileges of their employment, 
discriminate against persons because of their age except upon the basis 
of a bona fide occupational qualification, retirement plan, or statutory 
requirement, and (2) that contractors and subcontractors, or persons 
acting on their behalf, shall not specify, in solicitations or 
advertisements for employees to work on Government contracts, a maximum 
age limit for such employment unless the specified maximum age limit is 
based upon a bona fide occupational qualification, retirement plan, or 
statutory requirement. The head of each department and agency shall take 
appropriate action to enunciate this policy, and to this end the Federal 
Procurement Regulations and the Armed Services Procurement Regulation 
shall be amended by the insertion therein of a statement giving 
continuous notice of the existence of the policy declared by this order.
                                                      Lyndon B. Johnson.

                        Executive Order No. 11162

    Ex. Ord. No. 11162, July 28, 1964, 29 F.R. 10563, which related to 
membership of the President's Committee on Equal Employment Opportunity, 
was superseded by Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, set 
out as a note under section 2000e of Title 42, The Public Health and 
Welfare.

                        Executive Order No. 11202

    Ex. Ord. No. 11202, Mar. 5, 1965, 30 F.R. 3185, which established 
career or career-conditional appointments for student trainees, was 
revoked by Ex. Ord. No. 11813, Oct. 7, 1974, 39 F.R. 36317, formerly set 
out below.

 Ex. Ord. No. 11203. Career Appointments to Certain Qualified Employees 
                         of Treasury Department

    Ex. Ord No. 11203, Mar. 12, 1965; 30 F.R. 3417, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
    By virtue of the authority vested in me by Section 2 of the Civil 
Service Act (22 Stat. 403) and Section 1753 of the Revised Statutes of 
the United States (5 U.S.C. 631) [sections 3301 and 7301 of this title] 
and as President of the United States, it is hereby ordered as follows--
    Section 1. Any employee of the Treasury Department serving under an 
appointment under Schedule B of the Civil Service Rules in a position 
concerned with the protection of the life and safety of the President, 
members of his immediate family, or other persons for whom similar 
protective services are provided by law (which responsibility is 
hereinafter referred to as the protective function) may have his 
appointment converted to a career appointment if:
    (1) he has completed at least three years of full-time continuous 
service in a position concerned with the protective function;
    (2) The Secretary of the Treasury, or his designee, recommends the 
conversion of the employee's appointment within 90 days after the 
employee meets the service requirements of this section, or within 90 
days after the date of this Order, whichever is later;
    (3) he shall have passed a competitive examination appropriate for 
the position he is occupying or meets noncompetitive examination 
standards the Office of Personnel Management prescribes for his 
position; and
    (4) he meets all other requirements prescribed by the Office 
pursuant to Section 5 of this Order.
    Sec. 2. For the purposes of Section 1--
    (1) ``full-time continuous service'' means service without a break 
of more than 30 calendar days;
    (2) except as provided in paragraph (3) of this section, active 
service in the Armed Forces of the United States shall be deemed to be 
full-time continuous service in a position concerned with the protective 
function if the employee concerned shall have left a position concerned 
with the protective function to enter the Armed Forces and shall have 
been re-employed in a position concerned with the protective function 
within 120 days after he shall have been discharged from the Armed 
Forces under honorable conditions; and
    (3) active service in the Armed Forces shall not be deemed to be 
full-time continuous service in a position concerned with the protective 
function if such active service exceeds a total of four years plus any 
period of additional service imposed pursuant to law.
    Sec. 3. Any employee who shall have left a position concerned with 
the protective function to enter active service in the Armed Forces of 
the United States, who is re-employed in such a position within 120 days 
after his discharge under honorable conditions from such service, and 
who meets the requirements of Section 1 as the result of being credited 
with his period of active service in the Armed Forces pursuant to 
Section 2(2), may have his appointment converted if the Secretary of the 
Treasury or his designee, recommends that conversion within 90 days 
after his re-employment.
    Sec. 4. Whenever the Secretary of the Treasury, or his designee, 
decides not to recommend conversion of the appointment of an employee 
under this Order or whenever the Secretary, or his designee, recommends 
conversion and the employee fails to qualify, the employee shall be 
separated by the date on which his current Schedule B appointment 
expires.
    Sec. 5. The Office of Personnel Management shall prescribe such 
regulations as may be necessary to carry out the purposes of this Order.

   Ex. Ord. No. 11219. Appointment in Competitive Service of Foreign 
                     Service Officers and Employees

    Ex. Ord. No. 11219, May 6, 1965, 30 F.R. 6381, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12292, Feb. 
23, 1981, 46 F.R. 13967, provided:
    By virtue of the authority vested in me by section 1753 of the 
Revised Statutes [sections 3301 and 7301 of this title] and the Civil 
Service Act (22 Stat. 403), and as President of the United States, it is 
hereby ordered as follows:
    Section 1. Under regulations and conditions prescribed by the Office 
of Personnel Management, a present or former member of the Foreign 
Service may be appointed in the competitive service if he:
    (a) Is qualified for the position in the competitive service;
    (b) Was appointed in the Foreign Service under authority of the 
Foreign Service Act of 1946 as amended [former section 801 et seq. of 
Title 22, Foreign Relations and Intercourse], the Foreign Service Act of 
1980 [section 3901 et seq. of Title 22], or legislation that supplements 
or replaces the latter Act;
    (c) Served in the Foreign Service under an unlimited, career-type 
appointment and, immediately before his separation from that 
appointment, he completed at least one year of continuous service under 
one or more nontemporary appointments in the Foreign Service which may 
include the service that made him eligible for his career-type 
appointment; and
    (d) Is appointed within 3 years after his separation from the 
Foreign Service, or he completed at least 3 years of substantially 
continuous service under one or more nontemporary appointments in the 
Foreign Service immediately before his separation from the unlimited, 
career-type appointment in that Service which may include the service 
that made him eligible for such appointment, or he is entitled to 
preference under section 2 of the Veterans' Preference Act of 1944, as 
amended [sections 1302 and 2108 of this title].
    Sec. 2. (a) Except as provided in paragraph (b) of this section, a 
person appointed under Section 1 of this Order becomes a career 
conditional employee.
    (b) A person appointed under Section 1 of this Order becomes a 
career employee when he:
    (1) Has completed at least 3 years of substantially continuous 
service under one or more nontemporary appointments in the Foreign 
Service immediately before his separation from the unlimited, career-
type appointment in that Service which may include the service that made 
him eligible for such appointment;
    (2) Is appointed to a position in the competitive service required 
by law or Executive order to be filled on a permanent or career basis; 
or
    (3) Has completed the service requirement for career tenure in the 
competitive service.

For the purpose of subparagraph (3) of this paragraph, service in the 
Foreign Service is creditable in meeting the service requirement only if 
the person concerned is appointed to a nontemporary position in the 
competitive service under Section 1 of this Order within 30 days after 
his separation from the Foreign Service.
    Sec. 3. A person appointed to a nontemporary position in the 
competitive service under Section 1 of this Order acquires a competitive 
status automatically on appointment.
    Sec. 4. Any law, Executive order, or regulation that would 
disqualify an applicant for appointment in the competitive service shall 
also disqualify a person for appointment under Section 1 of this Order.
    Sec. 5. For the purpose of this Order, a person is deemed to be a 
member of the ``Foreign Service'' if he was appointed in any agency 
under authority of the Foreign Service Act of 1946, as amended [former 
section 801 et seq. of Title 22, Foreign Relations and Intercourse], the 
Foreign Service Act of 1980 [section 3901 et seq. of Title 22], or 
legislation that supplements or replaces the latter Act.

  Ex. Ord. No. 11315. Amending the Civil Service Rules To Authorize an 
 Executive Assignment System for Positions in Grades 16, 17, and 18 of 
                          the General Schedule

    Ex. Ord. No. 11315, Nov. 17, 1966, 31 F.R. 14729, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
    WHEREAS, the increasing complexities of Government require personnel 
of the highest attainable qualifications who are capable of assuming and 
discharging efficiently major and varied duties and responsibilities in 
the Executive Branch in response to present and future needs; and
    WHEREAS, this need for high quality can best be met by the 
establishment of an executive assignment system for the top three grades 
of the General Schedule, extending and adapting merit principles in 
recruitment, selection, and development, combined with improvements in 
the identification, assignment and utilization of key personnel:
    NOW, THEREFORE, by virtue of the authority vested in me by the 
Constitution of the United States, by 5 U.S.C. 3301 and 3302, and as 
President of the United States, it is ordered as follows:

                       Part I. Civil Service Rules

    Section 1. The Civil Service Rules are amended by the addition of 
Civil Service Rule IX reading as follows:
    [Civil Service Rule IX, as established by Ex. Ord. No. 11315, as 
amended, was revoked by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521. 
See Ex. Ord. No. 10577, as amended, set out above.]

                          civil service rule vi

    Sec. 2. Civil Service Rule VI is amended in pertinent part as 
follows:
    (a) Section 6.1(a) is amended to read as follows:
    ``(a) The Office may except positions from the competitive service 
when it determines that appointments thereto through competitive 
examination are not practicable. These positions shall be listed in the 
Office's annual report for the fiscal year in which the exceptions are 
made. The exception from the competitive service is effective on 
publication in the Federal Register.''
    (b) Section 6.6 is amended to read as follows:
    ``Section 6.6 Revocation of exceptions. The Office may remove any 
position from or may revoke in whole or in part any provision of 
Schedule A, B, or C. These changes are effective on publication in the 
Federal Register.''

Part II. Special Provisions for Transition to the Full Establishment of 
                   Executive Assignments Under Rule IX

    Sec. 3. Effective dates. This order, except section 1, is effective 
upon filing for publication in the Federal Register. Section 1 of this 
order is effective not later than one year from the date of this order, 
or at such earlier dates as the Office of Personnel Management may 
specify for individual agencies or positions.
    Sec. 4. Interim appointments. After the date of this order and 
before Civil Service Rule IX has become effective as to a position, an 
appointing officer may fill the position in accordance with the 
appointment system in effect on the day of the appointment.
    Sec. 5. Conversion of incumbents. On the day Civil Service Rule IX 
becomes effective as to a position, the appointment of the incumbent of 
that position shall be changed as follows:
    (a) If he is serving under a career or career-conditional 
appointment in the competitive service, he shall be converted to a 
Career Executive Assignment;
    (b) If he is serving in the excepted service under a nontemporary 
appointment, he shall be converted to a Noncareer Executive Assignment;
    (c) If he is serving in the competitive service under an indefinite 
or temporary appointment without definite time limit and:
    (1) if he has served under this type of appointment for at least 
five years, he shall be:
    (i) converted to a Career Executive Assignment, or appointed to a 
continuing position in the competitive service in grade GS-15, or below;
    (ii) converted to a Noncareer Executive Assignment; or
    (iii) separated from the service; or
    (2) if he has served under this type of appointment for less than 
five years, he shall be:
    (i) converted to a Noncareer Executive Assignment;
    (ii) separated from the service; or
    (iii) allowed to continue to serve until he has served five years, 
at which time the appointing officer shall take one of the actions 
provided for in subparagraph (1) of this paragraph.

An incumbent who is serving under any other type of appointment shall 
continue under that appointment until it is terminated.

                        Part III. Administration

    Sec. 6. Office responsibilities. The Office of Personnel Management 
is responsible to the President for the effective implementation and 
administration of the executive assignment system established by this 
Order. The Office shall continuously review operations under this 
system, shall recommend promptly to the President any changes that are 
necessary to improve this system, and shall report periodically to the 
President any significant developments in the operation of the system. 
The Office shall recommend to the President a program of special honors 
and awards for the recognition of persons assigned to Career Executive 
Assignments and a program for the development and training of persons 
assigned to Career Executive Assignments. The training program shall 
include the establishment of special training and educational 
facilities, and provide for the relevant use of outside training 
facilities.
    Sec. 7. Responsibilities of the agencies. The head of each agency in 
which there are positions covered by Civil Service Rule IX shall 
periodically review with the Office of Personnel Management his plans 
for staffing. The head of a newly established agency shall initially 
review with the Office his plans for staffing as soon as practicable 
after the establishment of the agency. The head of each agency shall 
cooperate fully with the Office in the establishment of special 
facilities and special boards and panels that are required under Civil 
Service Rule IX as a means of recruiting persons of the highest quality.
    Sec. 8. Regulations. The Office of Personnel Management shall 
prescribe such regulations as may be necessary to carry out the purpose 
and intent of this Order.

                        Executive Order No. 11598

    Ex. Ord. No. 11598, June 16, 1971, 36 F.R. 11711, formerly set out 
as a note under this section, which related to the listing of certain 
job vacancies by federal agencies and government contractors and 
subcontractors, was superseded by Ex. Ord. No. 11701, Jan. 24, 1973, 38 
F.R. 2675, set out as a note under section 4212 of Title 38, Veterans' 
Benefits.

                        Executive Order No. 11813

    Ex. Ord. No. 11813, Oct. 7, 1974, 39 F.R. 36317, which related to 
career or career-conditional appointments for cooperative education 
students, was revoked by Ex. Ord. No. 12015, Oct. 26, 1977, 42 F.R. 
56947, set out below.

 Ex. Ord. No. 11839. Amending the Civil Service Rules To Except Certain 
          Positions in Regional Offices From the Career Service

    Ex. Ord. No. 11839, Feb. 15, 1975, 40 F.R. 7351, provided:
    The program to decentralize Federal policy and decision making and 
to involve local governments and other interested parties in Federal, 
State, and local policy and program development requires a capability 
for deep involvement in the development and advocacy of Administration 
proposals and policies, and support of their controversial aspects, on 
the part of certain senior regional officials.
    NOW, THEREFORE, by virtue of the authority vested in me by the 
Constitution of the United States and Sections 3301 and 3302 of Title 5 
of the United States Code, and as President of the United States of 
America, it is hereby ordered as follows:
    Section 1. Civil Service Rule VI is amended by adding the following 
Section:

                   ``Section 6.8. Specified Exceptions

    ``Positions in the Department of the Interior whose incumbents serve 
as the principal representative of the Secretary in their respective 
regions shall be listed in Schedule C for grades not exceeding grade GS-
15 of the General Schedule and shall be designated Noncareer Executive 
Assignments for positions graded higher than GS-15. Incumbents of these 
positions who are, on February 15, 1975, in the competitive service 
shall not be affected by the foregoing provisions of this Section.''
    Sec. 2. Civil Service Rule IX is amended by adding the following:

         ``Sec. 9.11. Specified Noncareer Executive Assignments

    ``The regional director, regional administrator, or the Secretary's 
principal regional representative positions in the Department of Health, 
Education, and Welfare, Housing and Urban Development, Transportation 
and Labor, and those positions in the Environmental Protection Agency 
shall be designated Noncareer Executive Assignments; and, the Limited 
Executive Assignments of any incumbents of these positions on February 
15, 1975, are converted to Noncareer Executive Assignments. Incumbents 
of these positions serving in Career Executive Assignments on February 
15, 1975, shall not be affected by the foregoing provisions of this 
Section.''
                                                         Gerald R. Ford.

 Ex. Ord. No. 11856. Amending the Civil Service Rules To Except Certain 
          Positions in Regional Offices From the Career Service

    Ex. Ord. No. 11856, May 7, 1975, 40 F.R. 20259, provided:
    By virtue of the authority vested in me by the Constitution of the 
United States of America and Sections 3301 and 3302 of Title 5 of the 
United States Code, and as President of the United States of America, 
Section 9.11 of Civil Service Rule IX is amended by adding ``and the 
Small Business Administration'' after ``Environmental Protection 
Agency.''
                                                         Gerald R. Ford.

 Ex. Ord. No. 11887. Amending the Civil Service Rules To Except Certain 
                    Positions From the Career Service

    Ex. Ord. No. 11887, Nov. 4, 1975, 40 F.R. 51411, provided:
    By virtue of the authority vested in me by the Constitution of the 
United States of America and Sections 3301 and 3302 of Title 5 of the 
United States Code, and as President of the United States of America, 
Section 6.8 of Civil Service Rule VI is amended by adding ``and in the 
Department of Commerce'' after ``Department of the Interior''.
                                                         Gerald R. Ford.

    Ex. Ord. No. 11935. Amending the Civil Service Rules Concerning 
             Citizenship Requirements for Federal Employment

    Ex. Ord. No. 11935, Sept. 2, 1976, 41 F.R. 37301, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
    By virtue of the authority vested in me by the Constitution and 
statutes of the United States of America, including Sections 3301 and 
3302 of Title 5 of the United States Code, and as President of the 
United States of America, Civil Service Rule VII (5 CFR Part 7) is 
hereby amended by adding thereto the following new section:

                       ``Section 7.4. Citizenship

    ``(a) No person shall be admitted to competitive examination unless 
such person is a citizen or national of the United States.
    ``(b) No person shall be given any appointment in the competitive 
service unless such person is a citizen or national of the United 
States.
    ``(c) The Office may, as an exception to this rule and to the extent 
permitted by law, authorize the appointment of aliens to positions in 
the competitive service when necessary to promote the efficiency of the 
service in specific cases or for temporary appointments.''.

Ex. Ord. No. 11955. Career or Career-Conditional Appointment to Certain 
  Qualified Employees of National Aeronautics and Space Administration

    Ex. Ord. No. 11955, Jan. 10, 1977, 42 F.R. 2499, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
    By virtue of the authority vested in me by section 3301 of title 5 
of the United States Code [this section], and as President of the United 
States of America, it is hereby ordered as follows:
    Section 1. The appointment of a Command Pilot, Pilot or Mission 
Specialist candidate to a position in the Space Shuttle Astronaut 
Program of the National Aeronautics and Space Administration, which is 
listed under Schedule B of the Schedule of Excepted Positions, may be 
converted to career or career-conditional appointment if:
    (a) the candidate has successfully completed two years of service as 
a candidate in an appropriate training program;
    (b) the Administrator of the National Aeronautics and Space 
Administration, or the Administrator's designee, recommends the 
conversion of the candidate's appointment within ninety days of 
completion of the requirements of section 1(a);
    (c) the candidate meets noncompetitive examination standards 
prescribed by the Office of Personnel Management; and
    (d) the candidate meets all other requirements prescribed by the 
Office of Personnel Management pursuant to section 3 of this order.
    Sec. 2. Whenever the Administrator of the National Aeronautics and 
Space Administration, or the Administrator's designee, decides not to 
recommend conversion of an appointment under this order or whenever the 
Administrator, or the Administrator's designee, recommends conversion 
and the candidate fails to qualify, the candidate shall be separated not 
later than the date of expiration of the current Schedule B appointment, 
unless the appointment can be converted through appropriate competitive 
examination or the candidate can be assigned to a suitable position 
under another excepted authority prior to the expiration date.
    Sec. 3. The Office of Personnel Management shall prescribe such 
regulations as may be necessary to carry out the purpose of this order.

                        Executive Order No. 12008

    Ex. Ord. No. 12008, Aug. 25, 1977, 42 F.R. 43373, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which established a 
Presidential Management Intern Program, was revoked by Ex. Ord. No. 
12364, May 24, 1982, 47 F.R. 22931, set out below.

    Ex. Ord. No. 12015. Career or Career-Conditional Appointments in 
  Competitive Service for Students Completing Approved Career-Related 
                           Work-Study Programs

    Ex. Ord. No. 12015, Oct. 26, 1977, 42 F.R. 56947, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 13024, Nov. 7, 
1996, 61 F.R. 58125, provided:
    By virtue of the authority vested in me by Sections 3301 and 3302 of 
Title 5 of the United States Code, and as President of the United States 
of America, it is hereby ordered as follows:
    Section 1. As used in this order ``career-related work-study 
programs'' are those programs established by the Office of Personnel 
Management which provide for a formally-arranged schedule of periods of 
attendance at an accredited school combined with periods of career-
related work in a Federal agency under a Schedule B appointment.
    Sec. 2. The appointment of a student to a position in a career-
related work-study program may be converted noncompetitively to a term, 
career, or career-conditional appointment if the student:
    (a) has completed within the preceding 120 days an educational 
program that meets the provisions established by the Office of Personnel 
Management;
    (b) has satisfied all course requirements leading to completion of 
the related curriculum at an accredited school;
    (c) is recommended for such an appointment by the employing agency 
in which the career-related work was performed; and,
    (d) satisfies such other requirements and conditions as the Office 
of Personnel Management may prescribe for term, career, or career-
conditional appointment of an individual in career-related work-study 
programs.
    Sec. 3. The Office of Personnel Management shall prescribe such 
regulations as it deems necessary to carry out the provisions of this 
order and to provide for the continuation of planning, implementation 
and evaluation of employment programs for students throughout the 
Government. These regulations shall provide for the periodic evaluation 
of the work of each student and require that each student's continuation 
in the program shall be dependent upon a finding of satisfactory 
performance.
    Sec. 4. Students converted to term appointment under section 2 may 
subsequently be converted noncompetitively to a career or career-
conditional appointment before the term appointment expires.
    Sec. 5. Executive Order No. 11813 of October 7, 1974, is hereby 
revoked.

 Ex. Ord. No. 12021. Amending the Civil Service Rules To Except Certain 
                    Positions From the Career Service

    Ex. Ord. No. 12021, Nov. 30, 1977, 42 F.R. 61237, provided:
    By virtue of the authority vested in me by the Constitution of the 
United States of America, and Sections 3301 and 3302 of Title 5 of the 
United States Code, and as President of the United States of America, it 
is hereby ordered as follows:
    Section 1. That portion of Section 6.8 of Civil Service Rule VI 
following the heading ``Specified Exceptions.'' (5 C.F.R. 6.8) is 
designated subsection (a) and a new subsection (b) is added as follows:
    ``(b) Positions in the Community Services Administration and ACTION 
[now Corporation for National and Community Service] whose incumbents 
serve as regional director or regional administrator shall be listed in 
Schedule C for grades not exceeding GS-15 of the General Schedule and 
shall be designated Noncareer Executive Assignments for positions graded 
higher than GS-15. Incumbents of these positions who are, on November 
29, 1977, in the competitive service shall not be affected by the 
foregoing provisions of this subsection.''.
    Sec. 2. That portion of Section 9.11 of Civil Service Rule IX 
following the heading ``Career Executive Assignments; selection and 
assignment.'' (5 C.F.R. 9.11) is designated subsection (a) and a new 
subsection (b) is added as follows:
    ``(b) The regional director or regional administrator positions in 
the Defense Civil Preparedness Agency and the General Services 
Administration shall be designated as Noncareer Executive Assignments 
and the Limited Executive Assignments of any incumbents of these 
positions on November 29, 1977, are converted to Noncareer Executive 
Assignments. Incumbents of these positions who are, on November 29, 
1977, serving in Career Executive Assignments shall not be affected by 
the foregoing provisions of this subsection.''.
                                                           Jimmy Carter.

                        Executive Order No. 12026

    For provisions relating to eligibility for reinstatement in the 
competitive civil service of certain employees of the Energy Department, 
see Ex. Ord. No. 12026, Dec. 5, 1977, 42 F.R. 61849, set out as a note 
under section 7292 of Title 42, The Public Health and Welfare.

Ex. Ord. No. 12043. Amending the Civil Service Rules Regarding Notice of 
                 Exemptions From the Competitive Service

    Ex. Ord. No. 12043, Mar. 7, 1978, 43 F.R. 9773, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
    By virtue of the authority vested in me by the Constitution of the 
United States of America, and Sections 3301 and 3302 of Title 5 of the 
United States Code, and as President of the United States of America, it 
is hereby ordered as follows:
    Section 1. Section 6.1 of Civil Service Rule VI (5 CFR 6.1) is 
amended by deleting the third sentence in subsection (a) thereof and by 
adding a new subsection (c) as follows:
    ``(c) Notice of the Office's decision granting authority to make 
appointments to an excepted position under the appropriate schedule 
shall be published in the Federal Register.''.
    Sec. 2. Section 6.6 of the Civil Service Rule VI (5 CFR 6.6) is 
amended by deleting the second sentence thereof and substituting 
``Notice of the Office's decision making these changes shall be 
published in the Federal Register.''.
    Sec. 3. Section 9.6 of the Civil Service Rule IX (5 CFR 9.6) is 
amended by adding a new subsection (c) as follows:
    ``(c) The Office shall include in its annual report a current 
listing, by agency, of all positions authorized to be filled by Limited 
Executive Assignment.''.
    Sec. 4. Section 9.20 of Civil Service Rule IX (5 CFR 9.20) is 
amended by adding a new subsection (f) as follows:
    ``(f) The Office shall include in its annual report a current 
listing, by agency, of all positions authorized to be filled by 
Noncareer Executive Assignment.''.
                                                           Jimmy Carter.

    Ex. Ord. No. 12125. Amending the Civil Service Rules Relating to 
          Competitive Status for Handicapped Federal Employees

    Ex. Ord. No. 12125, Mar. 15, 1979, 44 F.R. 16879, provided:
    By the authority vested in me as President of the United States of 
America by Sections 3301 and 3302 of Title 5 of the United States Code, 
and in order to permit severely physically handicapped and mentally 
retarded individuals to obtain civil service competitive status, Civil 
Service Rule 3.1 (5 CFR 3.1) is hereby amended by adding the following 
new subsection:
    ``(b) Upon recommendation by the employing agency, and subject to 
such requirements as the Office of Personnel Management may prescribe, 
the following classes of handicapped employees may acquire competitive 
status without competitive examination:
    ``(1) A severely physically handicapped employee who completes at 
least two years of satisfactory service in a position excepted from the 
competitive service.
    ``(2) A mentally retarded employee who completes at least two years 
of satisfactory service in a position excepted from the competitive 
service.''.
                                                           Jimmy Carter.

                        Executive Order No. 12257

    Ex. Ord. No. 12257, Dec. 18, 1980, 45 F.R. 84005, which provided for 
noncompetitive conversion of participants in the Comprehensive 
Employment and Training Act program to career or career-conditional 
Civil Service status, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 
51 F.R. 7237.

                        Executive Order No. 12300

    Ex. Ord. No. 12300, Mar. 23, 1981, 46 F.R. 18683, which amended 
section 6.8 of Civil Service Rule VI by adding subsec. (c), excepting 
certain positions in Department of Agriculture from the competitive 
service, was superseded by Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 
61519, set out below.

                        Executive Order No. 12362

    Ex. Ord. No. 12362, May 12, 1982, 47 F.R. 21231, as amended by Ex. 
Ord. No. 12585, Mar. 3, 1987, 52 F.R. 6773, which related to appointment 
to competitive status of certain overseas employees upon return to the 
United States, was revoked by Ex. Ord. No. 12721, July 30, 1990, 55 F.R. 
31349, set out below.

       Ex. Ord. No. 12364. Presidential Management Intern Program

    Ex. Ord. No. 12364, May 24, 1982, 47 F.R. 22931, as amended by Ex. 
Ord. No. 12645, July 12, 1988, 53 F.R. 26750, provided:
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including Sections 3301 and 3302 
of Title 5 of the United States Code, and in order to provide for the 
recruitment and selection of outstanding employees for careers in public 
sector management, it is hereby ordered as follows:
    Section 1. There is hereby reconstituted the Presidential Management 
Intern Program. The purpose of the Program is to attract to the Federal 
service outstanding men and women from a variety of academic disciplines 
who have a clear interest in, and commitment to, a career in the 
analysis and management of public policies and programs. Individuals 
selected for the Program will be known as Presidential Management 
Interns.
    Sec. 2. Eligible individuals are those who have pursued a course of 
study at the graduate level which demonstrates both an exceptional 
ability and the commitment stated above. Such individuals at the time of 
application must have recently received or must expect to receive soon 
an appropriate advanced degree.
    Sec. 3. (a) The Office of Personnel Management shall provide 
specific guidance as to what constitutes an appropriate advanced degree.
    (b) The Office of Personnel Management shall develop appropriate 
procedures for the recruitment, nomination, screening, placement and 
continuing career development of outstanding individuals possessing the 
qualifications described above.
    (c) In developing those procedures, the Office of Personnel 
Management shall be guided by the following principles and policies:
    (1) The number of new Presidential Management Interns selected shall 
not exceed four hundred in any fiscal year.
    (2) Final placement of Presidential Management Interns shall be made 
by the head of the department, agency, or component within the Executive 
Office of the President in which the Intern is to be employed, or by the 
designee thereof.
    (3) Universities and colleges participating in the Program shall 
make nominations for the Program. In making nominations, they shall 
establish competitive selection processes and procedures to ensure that 
all applicants receive careful and thorough review.
    (4) The procedures so developed shall provide for such affirmative 
actions as the Office of Personnel Management deems appropriate to 
assure equal employment opportunity. The procedures shall also provide 
for the application of appropriate veterans preference criteria.
    Sec. 4. (a) Successful candidates shall be appointed as Presidential 
Management Interns to positions in Schedule A of the excepted service. 
The appointment shall not exceed two years unless extended by the 
Federal department or agency, with the concurrence of the Office of 
Personnel Management, for up to one additional year.
    (b) Tenure for the Presidential Management Interns shall be governed 
by the following principles and policies:
    (1) Assigned responsibilities shall be consistent with an Intern's 
educational background and career interests, and the purposes of this 
Program.
    (2) Continuation in the Program shall be contingent upon 
satisfactory performance by the Interns throughout the internship 
period.
    (3) Except as provided in subsection (4) of this Section, service as 
an Intern shall confer no rights to further Federal employment in either 
the competitive or excepted service upon the expiration of the 
internship period.
    (4) Competitive civil service status may be granted to Interns who 
satisfactorily complete their internships and meet all other 
requirements prescribed by the Office of Personnel Management.
    Sec. 5. Those individuals who are currently undergoing the process 
of selection, or who were selected or appointed under the provisions of 
Executive Order No. 12008 [formerly set out as a note above] and who 
have not at this time completed their scheduled period of excepted 
service, may continue their internships under the terms of this Order.
    Sec. 6. The Office of Personnel Management shall prescribe such 
regulations as may be necessary to carry out the purposes of this Order.
    Sec. 7. Executive Order No. 12008 of August 25, 1977 is revoked.
                                                          Ronald Reagan.

Ex. Ord. No. 12505. Career Appointments to Certain Office of Management 
                          and Budget Employees

    Ex. Ord. No. 12505, Feb. 12, 1985, 50 F.R. 6151, provided:
    By the authority vested in me as President by the laws of the United 
States of America, including Section 3301 and 3302 of Title 5, and 
Section 521 of Title 31 of the United States Code, it is hereby ordered 
as follows:
    Section 1. No later than April 1, 1985, any employee of the Office 
of Management and Budget serving under an appointment under Schedule A 
in a position not limited to one year or less, concerned with 
implementation of the President's paperwork reduction and regulatory 
review and planning programs, may have his or her appointment converted 
to a career or career-conditional appointment if the Director of the 
Office of Management and Budget determines that:
    (a) The employee has completed at least one year of full-time 
continuous service in a position concerned with the paperwork reduction 
and regulatory program;
    (b) There is a continuing need for the position filled by the 
employee;
    (c) The employee's past performance has been satisfactory and the 
employee possesses the qualifications necessary to continue in the 
position; and
    (d) The employee meets the citizenship requirements and 
qualification standards appropriate for the position.
    Sec. 2. If the Director determines not to convert an employee's 
appointment to career or career-conditional status under the preceding 
Section, the employee shall be separated not later than the date of 
expiration of the current appointment.
    Sec. 3. Employees whose appointments are converted under this Order 
shall become career-conditional employees, or career employees if they 
have completed the service requirements for career tenure, and all 
converted employees shall acquire a competitive status.
                                                          Ronald Reagan.

                        Executive Order No. 12596

    Ex. Ord. No. 12596, May 7, 1987, 52 F.R. 17537, which provided for 
noncompetitive conversion to career status of certain employees in 
professional and administrative career positions, was revoked by Ex. 
Ord. No. 13162, July 6, 2000, 65 F.R. 43212, set out as a note below.

Ex. Ord. No. 12685. Noncompetitive Conversion of Personal Assistants to 
                       Employees With Disabilities

    Ex. Ord. No. 12685, July 28, 1989, 54 F.R. 31796, provided:
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including sections 3301 and 3302 
of title 5, United States Code, it is hereby ordered as follows:
    Section 1. Upon recommendation by the employing agency, and subject 
to qualifications and other requirements prescribed by the Office of 
Personnel Management, an employee in a position in the excepted service 
under 5 C.F.R. 213.3102(11) as a reader, interpreter, or personal 
assistant for a handicapped employee, whose employment in such position 
is no longer necessary and who has completed at least 1 year of 
satisfactory service in such position under a non-temporary appointment, 
may be converted noncompetitively to a career or career-conditional 
appointment.
    Sec. 2. This order shall be effective upon publication in the 
Federal Register.
                                                            George Bush.

   Ex. Ord. No. 12718. President's Advisory Commission on the Public 
                                 Service

    Ex. Ord. No. 12718, June 29, 1990, 55 F.R. 27451, provided:
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including the Federal Advisory 
Committee Act, as amended (5 U.S.C. App.), and in order to provide a 
continuing source of advice on the public service from outstanding 
leaders in various walks of private life, it is hereby ordered as 
follows:
    Section 1. Establishment. The President's Advisory Commission on the 
Public Service (``Commission'') is hereby established. The Commission 
shall be comprised of 13 members to be appointed by the President from 
among leading citizens in private life. The members shall be appointed 
for 2-year terms, except that initial appointments shall include six 
members appointed to serve 1-year terms. Any vacancy in the Commission 
shall be filled by an appointment for the remainder of the term for 
which the original appointment was made, and a member whose term has 
expired may serve until his or her successor has been appointed. The 
President shall designate one of the members of the Commission to serve 
as Chairperson.
    Sec. 2. Functions. (a) The Commission shall meet from time to time 
at the request of the Chairperson and shall consider ways to enhance the 
public service in American life, including:
    (1) improving the efficiency and attractiveness of the Federal civil 
service;
    (2) increasing the interest among American students in pursuing 
careers in the public service; and
    (3) strengthening the image of the public service in American life.
    (b) The Commission shall submit a report on its activities to the 
Director of the Office of Personnel Management and the President each 
year.
    Sec. 3. Administrative Provisions. (a) The members of the Commission 
shall serve without compensation, but may receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code.
    (b) All executive agencies are directed, to the extent permitted by 
law, to provide such information, advice, and assistance to the 
Commission as the Commission may request.
    (c) The Director of the Office of Personnel Management shall, to the 
extent permitted by law and subject to the availability of funds, 
provide the Commission with administrative services, staff support, and 
necessary expenses.
    Sec. 4. General. Notwithstanding any other Executive order, the 
functions of the President under the Federal Advisory Committee Act, as 
amended [5 U.S.C. App.], except that of reporting to the Congress, which 
are applicable to the Commission, shall be performed by the Office of 
Personnel Management in accordance with the guidelines and procedures 
established by the Administrator of General Services.
                                                            George Bush.

Ex. Ord. No. 12721. Eligibility of Overseas Employees for Noncompetitive 
                              Appointments

    Ex. Ord. No. 12721, July 30, 1990, 55 F.R. 31349, provided:
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including sections 3301 and 3302 
of title 5 and section 301 of title 3 of the United States Code, and in 
order to permit certain overseas employees to acquire competitive status 
upon returning to the United States, it is hereby ordered as follows:
    Section 1. A United States citizen who is a family member of a 
Federal civilian employee, of a nonappropriated fund employee, or of a 
member of a uniformed service and who meets the qualifications and other 
requirements established by the Director of the Office of Personnel 
Management, including an appropriate period of satisfactory service 
under one or more overseas appointments in the excepted or competitive 
civil service, may be appointed noncompetitively to a competitive 
service position in the executive branch within the United States 
(including Guam, Puerto Rico, and the Virgin Islands). The employing 
agency in the United States may waive a requirement for a written test 
for an individual appointed under this order if the agency determines 
that the duties and responsibilities of the position occupied overseas 
were similar enough to those of the position to which the individual is 
being appointed under this order to make the written test unnecessary.
    Sec. 2. The Director of the Office of Personnel Management shall 
prescribe such regulations as may be necessary to implement this order.
    Sec. 3. To the extent there is any conflict between this order and 
Civil Service Rule 8.2 (5 CFR 8.2) [set out above], the provisions of 
this order shall control.
    Sec. 4. (a) Executive Order No. 12362 of May 12, 1982, as amended, 
and Executive Order No. 12585 of March 3, 1987, are revoked.
    (b) Existing regulations prescribed by the Director of the Office of 
Personnel Management under Executive Order No. 12362, as amended, shall 
continue in effect until modified or superseded by the Director of the 
Office of Personnel Management.
    Sec. 5. This order shall be effective upon publication in the 
Federal Register.
                                                            George Bush.

         Ex. Ord. No. 12940. Amendment to Civil Service Rule VI

    Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 61519, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including sections 3301 and 
3302 of title 5, United States Code, and having determined that it is 
necessary and warranted by conditions of good administration that 
certain positions in the Department of Agriculture continue to be 
excluded from the coverage of section 2302 of title 5, United States 
Code, and excepted from the competitive service because of their 
confidential, policy-determining, policy-making, or policy-advocating 
character, in order to ensure their deep involvement in the development 
and advocacy of Administration proposals and policies and to ensure 
their effective and vigorous implementation, and as a result of a 
reorganization of the Department of Agriculture carried out pursuant to 
Public Law 103-354 [7 U.S.C. 6901 et seq.], it is hereby ordered that 
subsection (c) of section 6.8 of Civil Service Rule VI (5 C.F.R. 6.8) is 
revised to read as follows:
    ``(c) Within the Department of Agriculture, positions the incumbents 
of which serve as State Executive Directors of the Consolidated Farm 
Service Agency and positions the incumbents of which serve as State 
Directors or State Directors-at-Large for Rural Economic and Community 
Development shall be listed in Schedule C for all grades of the General 
Schedule.''
    This order supersedes Executive Order No. 12300.
                                                     William J. Clinton.

Ex. Ord. No. 13124. Amending the Civil Service Rules Relating To Federal 
                 Employees With Psychiatric Disabilities

    Ex. Ord. No. 13124, June 4, 1999, 64 F.R. 31103, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including sections 3301 and 
3302 of title 5, United States Code, and in order to give individuals 
with psychiatric disabilities the same hiring opportunities as persons 
with severe physical disabilities or mental retardation under the Civil 
Service Rules, and to permit individuals with psychiatric disabilities 
to obtain Civil Service competitive status, it is hereby ordered as 
follows:
    Section 1. Policy.
    (a) It is the policy of the United States to assure equality of 
opportunity, full participation, independent living, and economic self-
sufficiency for persons with disabilities. The Federal Government as an 
employer should serve as a model for the employment of persons with 
disabilities and utilize the full potential of these talented citizens.
    (b) The Civil Service Rules governing appointment of persons with 
psychiatric disabilities were adopted years ago when attitudes about 
mental illness were different than they are today, which led to stricter 
standards for hiring persons with psychiatric disabilities than for 
persons with mental retardation or severe physical disabilities. The 
Civil Service Rules provide that persons with mental retardation, severe 
physical disabilities, or psychiatric disabilities may be hired under 
excepted appointing authorities. While persons with mental retardation 
or severe physical disabilities may be appointed for more than 2 years 
and may convert to competitive status after completion of 2 years of 
satisfactory service in their excepted position, people with psychiatric 
disabilities may not.
    (c) The Office of Personnel Management (OPM) and the President's 
Task Force on Employment of Adults with Disabilities believe that the 
Federal Government could better benefit from the contributions of 
persons with psychiatric disabilities if they were given the same 
opportunities available to people with mental retardation or severe 
physical disabilities.
    Sec. 2. Implementation.
    (a) The Director of the Office of Personnel Management shall, 
consistent with OPM authority, provide that persons with psychiatric 
disabilities are subject to the same hiring rules as persons with mental 
retardation or severe physical disabilities.
    (b) Civil Service Rule III (5 CFR Part 3) is amended by adding the 
following new paragraph to subsection (b) of section 3.1:
    ``(3) An employee with psychiatric disabilities who completes at 
least 2 years of satisfactory service in a position excepted from the 
competitive service.''
    Sec. 3. The Director of the Office of Personnel Management shall 
prescribe such regulations as may be necessary to implement this order.
                                                     William J. Clinton.

            Ex. Ord. No. 13162. Federal Career Intern Program

    Ex. Ord. No. 13162, July 6, 2000, 65 F.R. 43211, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including sections 3301 and 
3302 of title 5, United States Code, and in order to provide for the 
recruitment and selection of exceptional employees for careers in the 
public sector, it is hereby ordered as follows:
    Section 1. There is hereby constituted the Federal Career Intern 
Program (Program). The purpose of the Program is to attract exceptional 
men and women to the Federal workforce who have diverse professional 
experiences, academic training, and competencies, and to prepare them 
for careers in analyzing and implementing public programs. ``Career 
Intern'' is a generic term, and agencies may use occupational titles as 
appropriate.
    Sec. 2. The Program is another step in the Administration's effort 
to recruit the highest caliber people to the Federal Government, develop 
their professional abilities, and retain them in Federal departments and 
agencies. Cabinet secretaries and agency administrators should view the 
Program as complementary to existing programs that provide career 
enhancement opportunities for Federal employees, and departments and 
agencies are encouraged to identify and make use of those programs, as 
well as the new Program, to meet department and agency needs.
    Sec. 3. (a) The Office of Personnel Management (OPM) shall develop 
appropriate merit-based procedures for the recruitment, screening, 
placement, and continuing career development of Career Interns.
    (b) In developing those procedures, the OPM shall provide for such 
actions as deemed appropriate to assure equal employment opportunity and 
the application of appropriate veterans' preference criteria.
    Sec. 4. (a) A successful candidate shall be appointed to a position 
in Schedule B of the excepted service at the GS-5, 7, or 9 (and 
equivalent) or other trainee level appropriate for the Program, unless 
otherwise approved by the OPM. The appointment shall not exceed 2 years 
unless extended by the Federal department or agency, with the 
concurrence of the OPM, for up to 1 additional year.
    (b) Tenure for a Career Intern shall be governed by the following 
principles and policies:
        (1) Assigned responsibilities shall be consistent with a Career 
    Intern's competencies and career interests, and the purposes of the 
    Program.
        (2) Continuation in the Program shall be contingent upon 
    satisfactory performance by the Career Intern throughout the 
    internship period.
        (3) Except as provided in subsections (4) and (5) of this 
    section, service as a Career Intern confers no rights to further 
    Federal employment in either the competitive or excepted service 
    upon the expiration of the internship period.
        (4) Competitive civil service status may be granted to a Career 
    Intern who satisfactorily completes the internship and meets all 
    other requirements prescribed by the OPM.
        (5) Within an agency, an employee who formerly held a career or 
    career-conditional appointment immediately before entering the 
    Career Intern Program, and who fails to complete the Career Intern 
    Program for reasons unrelated to misconduct or suitability, shall be 
    placed in a career or career-conditional position in the current 
    agency at no lower grade or pay than the one the employee left to 
    accept the position in the Career Intern Program.
    Sec. 5. A Career Intern shall participate in a formal program of 
training and job assignments to develop competencies that the OPM 
identifies as core to the Program, and the employing agency identifies 
as appropriate to the agency's mission and needs.
    Sec. 6. The OPM shall prescribe such regulations as it determines 
necessary to carry out the purpose of this order.
    Sec. 7. The OPM shall provide oversight of the Program.
    Sec. 8. Executive Order 12596 of May 7, 1987, is revoked.
    Sec. 9. Judicial Review. This order is intended only to improve the 
internal management of the executive branch. It does not create any 
right or benefit, substantive or procedural, enforceable in law or 
equity, by a party against the United States, its agencies, its officers 
or employees, or any other person.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 3304, 3361 of this title; 
title 25 section 2a.
