
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: 5USC3351]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
                        SUBCHAPTER IV--TRANSFERS
 
Sec. 3351. Preference eligibles; transfer; physical 
        qualifications; waiver
        
    In determining qualifications of a preference eligible for transfer 
to another position in the competitive service, an Executive agency, or 
the government of the District of Columbia, the Office of Personnel 
Management or other examining agency shall waive--
        (1) requirements as to age, height, and weight, unless the 
    requirement is essential to the performance of the duties of the 
    position; and
        (2) physical requirements if, in the opinion of the Office or 
    other examining agency, after considering the recommendation of an 
    accredited physician, the preference eligible is physically able to 
    perform efficiently the duties of the position.

This section does not apply to an appointment required by Congress to be 
confirmed by, or made with the advice and consent of, the Senate.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 426; Pub. L. 94-183, Sec. 2(4), 
Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, title IX, Sec. 906(a)(2), 
(3), Oct. 13, 1978, 92 Stat. 1224.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 854 (1st 2           June 27, 1944, ch.
                      sentences, so much as         287, Sec.  5 (1st 2
                      relates to transfer).         sentences, so much
                                                    as relates to
                                                    transfer), 58 Stat.
                                                    388.
------------------------------------------------------------------------

    The section is restated to conform to section 3312.
    The words ``in the competitive service, an Executive agency, or the 
government of the District of Columbia'' are added on authority of 
former sections 851, 858, and 869, which are carried into this title. 
The last sentence is added on authority of former section 869.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1978--Pub. L. 95-454 substituted ``Office of Personnel Management'' 
and ``Office'' for ``Civil Service Commission'' and ``Commission'', 
respectively.
    1975--Pub. L. 94-183 struck out ``, except an appointment made under 
section 3311 of title 39'' after ``or made with the advice and consent 
of, the Senate''.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 2302 of this title; title 22 
section 1438.
