5 USC 3301 Civil service; generally

§ 3301

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

nate offices’’ in item 3346, ‘‘Exclusivity’’ for ‘‘Details;
Presidential authority’’ in item 3347, ‘‘Vacant office’’
for ‘‘Details; limited in time’’ in item 3348, and ‘‘Reporting of vacancies’’ for ‘‘Details; to fill vacancies; restrictions’’ in item 3349 and added items 3349a to 3349d.
1996—Pub. L. 104–197, title III, § 315(b)(1), Sept. 16, 1996,
110 Stat. 2416, substituted ‘‘Competitive service; recommendations of Senators or Representatives’’ for
‘‘Political recommendations’’ in item 3303.
Pub. L. 104–106, div. A, title X, § 1037(b)(2), Feb. 10,
1996, 110 Stat. 432, which directed substitution of ‘‘3330.
Government-wide list of vacant positions’’ for the item
relating to section 3329, as added by section 4431(b) of
Pub. L. 102–484, could not be executed because of the intervening amendment by Pub. L. 104–52, § 4(2). See 1995
Amendment note below.
1995—Pub. L. 104–52, title IV, § 4(2), Nov. 19, 1995, 109
Stat. 490, redesignated item 3329 ‘‘Government-wide list
of vacant positions’’ as item 3330.
1993—Pub. L. 103–94, § 8(b), Oct. 6, 1993, 107 Stat. 1007,
substituted ‘‘Political recommendations’’ for ‘‘Competitive service; recommendations of Senators or Representatives’’ in item 3303.
1992—Pub. L. 102–484, div. A, title V, § 544(b), div. D,
title XLIV, § 4431(b), Oct. 23, 1992, 106 Stat. 2415, 2720,
added two items 3329.
Pub. L. 102–378, § 2(13)(B), Oct. 2, 1992, 106 Stat. 1347,
struck out item 3342 ‘‘Federal participants in executive
exchange programs’’.
1990—Pub. L. 101–509, title V, § 529 [title I,
§ 101(b)(9)(C)(iii)], Nov. 5, 1990, 104 Stat. 1427, 1441, substituted ‘‘Appointments to positions classified above
GS–15’’ for ‘‘Appointments at GS–16, 17, and 18’’ in item
3324.
Pub. L. 101–416, § 2(a)(2), Oct. 12, 1990, 104 Stat. 903,
added item 3342.
1989—Pub. L. 101–194, title V, § 506(a)(2), Nov. 30, 1989,
103 Stat. 1758, added item 3393a.
Pub. L. 101–12, § 5(b), Apr. 10, 1989, 103 Stat. 33, added
item 3352.
1988—Pub. L. 100–398, § 7(a)(3), Aug. 17, 1988, 102 Stat.
988, inserted ‘‘agency’’ after ‘‘Executive’’ in item 3345.
1985—Pub. L. 99–145, title XVI, § 1622(a)(2), Nov. 8, 1985,
99 Stat. 777, added item 3328.
1979—Pub. L. 96–54, § 2(a)(13), Aug. 14, 1979, 93 Stat. 382,
struck out item 3315a ‘‘Registers; individuals receiving
compensation for work injuries’’.
1978—Pub. L. 95–454, title III, §§ 303(b), 307(h)(2), 309(b),
title IV, § 403(b), title IX, § 906(c)(4), Oct. 13, 1978, 92
Stat. 1146, 1149, 1152, 1165, 1227, substituted ‘‘probationary period’’ for ‘‘probation; period of’’ in item 3321,
struck out item 3319 ‘‘Competitive service; selection;
members of family restriction’’, added items 3327 and
3391 to 3397, and struck out items 3391 to 3398.
Pub. L. 95–437, § 3(b), Oct. 10, 1978, 92 Stat. 1058, added
heading for subchapter VII and items 3391 to 3398.
Pub. L. 95–256, § 5(b)(2), Apr. 6, 1978, 92 Stat. 191,
struck out item 3322 ‘‘Competitive service; temporary
appointments after age 70’’.
Pub. L. 95–251, § 2(c)(3), Mar. 27, 1978, 92 Stat. 184, substituted ‘‘administrative law judges’’ for ‘‘hearing examiners’’ in item 3344.
Pub. L. 95–228, § 2(a), Feb. 10, 1978, 92 Stat. 25, struck
out item 3306 ‘‘Competitive service; departmental service; apportionment’’.
1975—Pub. L. 94–183, § 2(7), Dec. 31, 1975, 89 Stat. 1057,
struck out item 3364 ‘‘Promotion; substitute employees
in the postal field service’’.
1972—Pub. L. 92–297, §§ 2(b), 3(b), May 16, 1972, 86 Stat.
142, 144, substituted ‘‘maximum age entrance requirements, exceptions’’ for ‘‘maximum age requirement; restriction on use of appropriated funds’’ in item 3307,
and added subchapter VII and items 3381 to 3385.
1971—Pub. L. 91–648, title IV, § 402(b), Jan. 5, 1971, 84
Stat. 1925, added heading for subchapter VI and items
3371 to 3376.
1970—Pub. L. 91–375, § 6(c)(7)(B), Aug. 12, 1970, 84 Stat.
776, struck out item 3327 ‘‘Postmasters; standards for
determination of qualifications’’.
1967—Pub. L. 90–105, § 1(b), Oct. 11, 1967, 81 Stat. 273,
added item 3304a.

Page 200

Pub. L. 90–83, § 1(9)(B), Sept. 11, 1967, 81 Stat. 197,
added item 3315a.
1966—Pub. L. 89–762, § 1(b), Nov. 5, 1966, 80 Stat. 1312,
struck out item 3342 ‘‘Details; field to departmental
service prohibited’’.

SUBCHAPTER I—EXAMINATION,
CERTIFICATION, AND APPOINTMENT
§ 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
Derivation

U.S. Code

..................

5 U.S.C. 631 (less last
16 words).

Revised Statutes and
Statutes at Large
R.S. § 1753
words).

(less

last

16

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, § 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, § 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’.’’
MODIFICATIONS TO NATIONAL SECURITY EDUCATION
PROGRAM
Pub. L. 107–296, title XIII, § 1332(a), Nov. 25, 2002, 116
Stat. 2299, provided that:
‘‘(a) FINDINGS AND POLICIES.—
‘‘(1) FINDINGS.—Congress finds that—
‘‘(A) the United States Government actively encourages and financially supports the training, education, and development of many United States
citizens;
‘‘(B) as a condition of some of those supports,
many of those citizens have an obligation to seek
either compensated or uncompensated employment
in the Federal sector; and
‘‘(C) it is in the United States national interest to
maximize the return to the Nation of funds invested in the development of such citizens by seeking to employ them in the Federal sector.

Page 201

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

‘‘(2) POLICY.—It shall be the policy of the United
States Government to—
‘‘(A) establish procedures for ensuring that
United States citizens who have incurred service
obligations as the result of receiving financial support for education and training from the United
States Government and have applied for Federal positions are considered in all recruitment and hiring
initiatives of Federal departments, bureaus, agencies, and offices; and
‘‘(B) advertise and open all Federal positions to
United States citizens who have incurred service
obligations with the United States Government as
the result of receiving financial support for education and training from the United States Government.’’
TEMPORARY MEASURES TO FACILITATE REEMPLOYMENT
OF CERTAIN DISPLACED FEDERAL EMPLOYEES
Pub. L. 102–484, div. D, title XLIV, § 4432, Oct. 23, 1992,
106 Stat. 2720, directed executive agencies and the Department of Defense, in filling vacant positions, to give
full consideration to the applications of certain individuals who became displaced employees before Oct. 1,
1997, before selecting any candidate from outside the
agency for the position.
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;

§ 3301

‘‘(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

§ 3301

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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:

Page 202

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

Page 203

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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 civilservice 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,

§ 3301

and may, upon reinstatement, acquire a classified civilservice 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, § 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
§ 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.
§ 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 civilservice laws by statute. The Office is authorized and di-

§ 3301

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

rected to determine finally whether a position is in the
competitive service.
§ 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.
§ 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
§ 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

Page 204

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.
§ 2.2. APPOINTMENTS
(a) The Office shall establish and administer a careerconditional 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 careerconditional 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.
§ 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.

Page 205

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 3301

§ 2.4. PROBATIONARY PERIOD

RULE IV—PROHIBITED PRACTICES

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.

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

RULE III—NONCOMPETITIVE ACQUISITION OF STATUS
§ 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.
§ 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.
§ 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.

§ 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.
§ 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
§ 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.
§ 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

§ 3301

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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.
§ 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.
§ 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,

Page 206

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
§ 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.
§ 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 policydetermining 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 policydetermining 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.
§ 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.
§ 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.
§ 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

Page 207

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

competitive service without prior approval of the Office.
§ 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.
§ 6.7. MOVEMENT OF PERSONS BETWEEN THE CIVILSERVICE 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.
§ 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
§ 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.
§ 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.
§ 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.

§ 3301

(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
§ 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.
§ 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.
§ 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.
§ 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 [now National Geospatial-Intelligence 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 sec-

§ 3301

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

tion, 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.

Page 208

§ 201

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.

(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

(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

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 [now Government Accountability 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

§ 202

Page 209

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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.
§ 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.
§ 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.
§ 205
The Office shall issue such regulations and instructions as may be necessary to effectuate the purposes of
this part.
PART III
§ 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
§ 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,

§ 3301

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 Fed-

§ 3301

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

eral 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

Page 210

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.

Page 211

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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.

§ 3301

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

§ 3301

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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.

Page 212

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, formerly set out below.

Page 213

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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 workstudy 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 careerrelated 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 As-

§ 3301

signments; 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.

§ 3301

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

‘‘(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.
EXECUTIVE ORDER NO. 12364
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, which related to the Presidential Management
Intern Program, was superseded by Ex. Ord. No. 13318,
Nov. 21, 2003, 68 F.R. 66317, set out below.
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 sta-

Page 214

tus 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.

Page 215

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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

§ 3301

(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 re-

§ 3301

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

cruitment 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, sub-

Page 216

stantive 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.
EX. ORD. NO. 13318. PRESIDENTIAL MANAGEMENT
FELLOWS PROGRAM
Ex. Ord. No. 13318, Nov. 21, 2003, 68 F.R. 66317, 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 outstanding employees for
service in public sector management, it is hereby ordered as follows:
SECTION 1. There is hereby constituted the Presidential Management Fellows Program. The purpose of
the Program is to attract to the Federal service outstanding men and women from a variety of academic
disciplines and career paths who have a clear interest
in, and commitment to, excellence in the leadership
and management of public policies and programs. Individuals selected for the Program shall be known as
Presidential Management Fellows (PMFs) or Senior
Presidential Management Fellows (Senior PMFs).
SEC. 2. (a) Individuals eligible for appointment as a
PMF under this order are those who, in pursuing a
course of study at the graduate level, have demonstrated both exceptional ability and the commitment to which section 1 refers. Such individuals at the
time of application must have received, or must expect
to receive soon thereafter, an appropriate advanced degree as defined by the Director of the Office of Personnel Management (OPM).
(b) Individuals eligible for appointment as a Senior
PMF under this order are those who have, through extensive work experience, demonstrated both exceptional leadership or analytical ability and the commitment to which section 1 refers.
SEC. 3. The Director of OPM shall prescribe appropriate merit-based rules for the recruitment, nomination, assessment, selection, appointment, placement,
and continuing career development of fellows, including rules that:
(a) reserve to the head of a department or agency or
component within the Executive Office of the President
(EOP) the authority to appoint a fellow who is to be
employed in that department, agency, or component;
(b) provide for nomination by universities and colleges, through competitive selection processes, of eligible individuals for consideration for appointment as
PMFs;
(c) carry out the policy of the United States to ensure
equal employment opportunities for employees without
discrimination because of race, color, religion, sex, or
national origin; and
(d) ensure the application of appropriate veterans’
preference criteria.
SEC. 4. (a) Fellows shall be appointed to positions in
either:
(1) Schedule A of the excepted service; or
(2) an agency or component within the EOP excepted
from the competitive service.
(b) Appointments under subsection (a) shall not exceed 2 years in duration unless extended by the head of
the department or agency or component within the
EOP, with the concurrence of the Director of OPM, for
a period not to exceed 1 additional year.
(c) The following principles and policies shall govern
service and tenure by fellows:
(1) responsibilities assigned to a PMF shall be consistent with the PMF’s educational background and career interests, and the purposes of the Program; and responsibilities assigned to a Senior PMF shall be consistent with the Senior PMF’s experience and career interests, and the purposes of the Program;
(2) continuation of a fellow’s appointment shall be
contingent upon satisfactory performance by the fellow
throughout the fellowship appointment;

Page 217

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(3) except as provided in paragraph (4) of this subsection, service as a fellow shall confer no right to further Federal employment in either the competitive or
excepted service upon the expiration of the fellow’s appointment; and
(4) competitive civil service status may be granted to
a fellow who satisfactorily completes the Program and
meets such other requirements as the Director of OPM
may prescribe. A fellow appointed by an agency excepted from the competitive service may also be appointed to a permanent position in an excepted service
agency without further competition.
SEC. 5. The Director of OPM shall provide for an orderly transition, including with respect to nominations, selection processes, and appointments, from the
Presidential Management Intern Program established
by Executive Order 12364 [formerly set out above] of
May 24, 1982, to the Presidential Management Fellows
Program established by this order. Until that transition is provided for, individuals who were selected or
appointed under the provisions of Executive Order 12364
and who have not completed their scheduled periods of
excepted service are hereby redesignated as Presidential Management Fellows, and continue their internships under the terms of Executive Order 12364.
SEC. 6. The Director of OPM shall prescribe such regulations as may be necessary to carry out the purposes
of this order.
SEC. 7. Executive Order 12364 [formerly set out above]
is superseded, except as provided in section 5 of this
order.
SEC. 8. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or
any other person.
GEORGE W. BUSH.

§ 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, § 2(b), Feb. 10, 1978, 92 Stat. 25; Pub. L.
95–454, title VII, § 703(c)(1), Oct. 13, 1978, 92 Stat.
1217; Pub. L. 96–54, § 2(a)(16), Aug. 14, 1979, 93
Stat. 382; Pub. L. 103–94, § 2(b)(1), Oct. 6, 1993, 107
Stat. 1004.)
HISTORICAL AND REVISION NOTES
Derivation
..................

U.S. Code
5 U.S.C. 633(1) (less
function of Civil
Service Commission), (2)8 (last
sentence).

Revised Statutes and
Statutes at Large
Jan. 16, 1883, ch. 27, § 2(1)
(less function of Civil
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,

§ 3302

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,
§ 703(c)(1) and (2), were impossible to execute literally.
Thus, amendment by Pub. L. 95–454, § 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