
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: 5USC3302]

 
             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. 3302. Competitive service; rules

    The President may prescribe rules governing the competitive service. 
The rules shall provide, as nearly as conditions of good administration 
warrant, for--
        (1) necessary exceptions of positions from the competitive 
    service; and
        (2) necessary exceptions from the provisions of sections 2951, 
    3304(a), 3321, 7202, and 7203 of this title.

Each officer and individual employed in an agency to which the rules 
apply shall aid in carrying out the rules.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 417; Pub. L. 95-228, Sec. 2(b), 
Feb. 10, 1978, 92 Stat. 25; Pub. L. 95-454, title VII, Sec. 703(c)(1), 
Oct. 13, 1978, 92 Stat. 1217; Pub. L. 96-54, Sec. 2(a)(16), Aug. 14, 
1979, 93 Stat. 382; Pub. L. 103-94, Sec. 2(b)(1), Oct. 6, 1993, 107 
Stat. 1004.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 633(1) (less         Jan. 16, 1883, ch.
                      function of Civil Service     27, Sec.  2(1) (less
                      Commission), (2)8 (last       function of Civil
                      sentence).                    Service Commission),
                                                    (2) 8 (last
                                                    sentence), 22 Stat.
                                                    403, 404.
------------------------------------------------------------------------

    The reference to the competitive service is substituted for the 
reference to the Act creating that service. The reference to reasons for 
the exceptions is omitted as covered by section 1308 of this title. The 
words ``provide for'' are substituted for ``provide and declare''. 
Paragraph (1) is supplied to preserve the President's power to except 
positions from the competitive service, previously implied from the 
power to except from the first rule in former section 633(2). Authority 
to make exceptions to so much of former section 633(2) as is restated in 
this section and section 1302(a) is omitted as meaningless. Authority to 
make exceptions to so much of former section 633(2) as is restated in 
section 3318(a) is omitted as superseded by former section 857, which is 
carried into section 3318(a). In the last sentence, the words ``Each 
officer and individual employed in an agency'' are substituted for 
``officers of the United States in the departments and offices'' because 
of the restrictive definition of ``officer'' in section 2104.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1993--Par. (2). Pub. L. 103-94 substituted ``and 7203'' for ``7203, 
7321, and 7322''.
    1979--Par. (2). Pub. L. 96-54 amended par. (2) in same manner as 
amendment by section 703(c)(1) of Pub. L. 95-454. See 1978 Amendment 
note below.
    1978--Par. (2). Pub. L. 95-454 substituted ``7202, 7203'' for 
``7152, 7153''.
    Pub. L. 95-228 struck out reference to section 3306(a)(1) of this 
title. Amendments by section 703(c)(1) and (c)(2) of Pub. L. 95-454 
appear to have been inadvertently reversed. Subsec. (c)(1) purported to 
amend subsec. (c)(1) of section 2105 of this title, and subsec. (c)(2) 
purported to amend par. (2) of this section. However, the amendments 
specified by Pub. L. 95-454, Sec. 703(c)(1) and (2), were impossible to 
execute literally. Thus, amendment by Pub. L. 95-454, Sec. 703(c)(2) was 
executed to section 2105 of this title, and amendment by section 
703(c)(1) was executed to this section as the probable intent of 
Congress.


           Effective Date of 1993 Amendment; Savings Provision

    Amendment by Pub. L. 103-94 effective 120 days after Oct. 6, 1993, 
but not to release or extinguish any penalty, forfeiture, or liability 
incurred under amended provision, which is to be treated as remaining in 
force for purpose of sustaining any proper proceeding or action for 
enforcement of that penalty, forfeiture, or liability, and no provision 
of Pub. L. 103-94 to affect any proceedings with respect to which 
charges were filed on or before 120 days after Oct. 6, 1993, with orders 
to be issued in such proceedings and appeals taken therefrom as if Pub. 
L. 103-94 had not been enacted, see section 12 of Pub. L. 103-94, set 
out as an Effective Date; Savings Provision note under section 7321 of 
this title.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.

 Ex. Ord. No. 11521. Veterans Readjustment Appointment for Veterans of 
                               Vietnam Era

    Ex. Ord. No. 11521, Mar. 26, 1970, 35 F.R. 5311, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
    WHEREAS this Nation has an obligation to assist veterans of the 
armed forces in readjusting to civilian life;
    WHEREAS the Federal Government, as an employer, should reflect its 
recognition of this obligation in its personnel policies and practices;
    WHEREAS veterans, by virtue of their military service, have lost 
opportunities to pursue education and training oriented toward civilian 
careers;
    WHEREAS the Federal Government is continuously concerned with 
building an effective workforce, and veterans constitute a major 
recruiting source; and
    WHEREAS the development of skills is most effectively achieved 
through a program combining employment with education or training:
    NOW, THEREFORE, by virtue of the authority vested in me by the 
Constitution of the United States, by sections 3301 and 3302 of title 5, 
United States Code, and as President of the United States, it is ordered 
as follows:
    Section 1. (a) Subject to paragraph (b) of this section, the head of 
an agency may make an excepted appointment, to be known as a ``veterans 
readjustment appointment'', to any position in the competitive service 
up to and including GS-5 or the equivalent thereof, of a veteran or 
disabled veteran as defined in section 2108(1), (2), of title 5, United 
States Code, who:
    (1) served on active duty in the armed forces of the United States 
during the Vietnam era;
    (2) at the time of his appointment has completed not more than 
fourteen years of education; and
    (3) is found qualified to perform the duties of the position.
    (b) Employment under paragraph (a) of this section is authorized 
only under a training or educational program developed by an agency in 
accordance with guidelines established by the Office of Personnel 
Management.
    (c) An employee given a veterans readjustment appointment under 
paragraph (a) of this section shall serve subject to:
    (1) the satisfactory performance of assigned duties; and
    (2) participation in the training or educational program under which 
he is appointed.
    (d) An employee who does not satisfactorily meet the conditions set 
forth in paragraph (c) of this section shall be removed in accordance 
with appropriate procedures.
    (e) An employee serving under a veterans readjustment appointment 
may be promoted, reassigned, or transferred.
    (f) An employee who completes the training or educational program 
and who has satisfactorily completed two years of substantially 
continuous service under a veterans readjustment appointment shall be 
converted to career-conditional or career employment. An employee 
converted under this paragraph shall automatically acquire a competitive 
status.
    (g) In selecting an applicant for appointment under this section, an 
agency shall not discriminate because of race, color, religion, sex, 
national origin, or political affiliation.
    Sec. 2. (a) A person eligible for appointment under section 1 of 
this order may be appointed only within one year after his separation 
from the armed forces, or one year following his release from 
hospitalization or treatment immediately following his separation from 
the armed forces, or one year after involuntary separation without cause 
from (i) a veterans readjustment appointment or (ii) a transitional 
appointment, or one year after the effective date of this order if he is 
serving under a transitional appointment.
    (b) The Office of Personnel Management may determine the 
circumstances under which service under a transitional appointment may 
be deemed service under a veterans readjustment appointment for the 
purpose of paragraph (f) of section 1 of this order.
    Sec. 3. Any law, Executive order, or regulation which would 
disqualify an applicant for appointment in the competitive service shall 
also disqualify a person otherwise eligible for appointment under 
section 1 of this order.
    Sec. 4. For the purpose of this order:
    (a) ``agency'' means a military department as defined in section 102 
of title 5, United States Code, an executive agency (other than the 
General Accounting Office) as defined in section 105 of title 5, United 
States Code, and those portions of the legislative and judicial branches 
of the Federal Government and of the government of the District of 
Columbia having positions in the competitive service; and
    (b) ``Vietnam era'' means the period beginning August 5, 1964, and 
ending on such date thereafter as may be determined by Presidential 
proclamation or concurrent resolution of the Congress.
    Sec. 5. The Office of Personnel Management shall prescribe such 
regulations as may be necessary to carry out the provisions of this 
order.
    Sec. 6. Executive Order No. 11397 of February 9, 1968, is revoked. 
Such revocation shall not affect the right of an employee to be 
converted to career-conditional or career employment if he meets the 
requirements of section 1(d) of Executive Order No. 11397 after the 
effective date of this order.
    Sec. 7. This order is effective 14 days after its date.

                  Section Referred to in Other Sections

    This section is referred to in sections 3304, 3361 of this title; 
title 10 section 1784.
