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deemed as vested in the agency under which the function is placed by the plan. (b) For the purpose of subsection (a) of this section, "regulation or other action" means a regulation, rule, order, policy, determination, directive, authorization, permit, privilege, requirement, designation, or other action. (c) A suit, action, or other proceeding lawfully commenced by or against the head of an agency or other officer of the United States, in his official capacity or in lelation to the discharge of his official duties, does not abate by reason of the taking effect of a reorganization plan under this chapter. On motion or supplemental petition filed at any time within 12 months after the reorganization plan takes effect, showing a necessity for a survival of the suit, action, or other proceeding to obtain a settlement of the questions involved, the court may allow the suit, action, or other proceeding to be maintained by or against the successor of the head or officer under the reorganization effected by the plan or, if there is no successor, against such agency or officer as the President designates. (d) The appropriations or portions of appropriations unexpended by reason of the operation of this chapter may not be used for any purpose, but shall revert to the Treasury. § 908. Rules of Senate and House of Representatives on reorganization plans Sections 909-913 of this title are enacted by Congress— (1) as an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by section 909 of this title; and they supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. § 909. Terms of resolution For the purpose of sections 908-913 of this title, "resolution" means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: "That the does not favor the reorganization plan numbered transmitted to Congress by the President on,———, 19 ", the first blank space therein being filled with the name of the resolving House and the other blank spaces therein being appropriately filled; but does not include a resolution which specifies more than one reorganization plan. § 910. Reference of resolution to committee A resolution with respect to a reorganization plan shall be referred to a committee (and all resolutions with respect to the same plan shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be. § 911. Discharge of committee considering resolution (a) If the committee to which a resolution with respect to a reorganization plan has been referred has not reported it at the end of 10 calendar days after its introduction, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other

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resolution with respect to the reorganization plan which has been referred to the committee. (b) A motion to discharge may be made only by an individual favoring the resolution, is highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same reorganization plan), and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. A n amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (c) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same reorganization plan. § 912. Procedure after report or discharge of committee; debate (a) When the committee has reported, or has been discharged from further consideration of, a resolution with respect to a reorganization plan, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (b) Debate on the resolution shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order, and it is not in order to move to reconsider the vote by which the resolution is agreed to or disagreed to. § 913. Decisions without debate on motion to postpone or proceed (a) Motions to postpone, made with respect to the discharge from committee, or the consideration of, a resolution with respect to a reorganization plan, and motions to proceed to the consideration of other business, shall be decided without debate. (b) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution with respect to a reorganization plan shall be decided without debate.

PART II—THE UNITED STATES CIVIL SERVICE COMMISSION CBAPTBB 11. ORGANIZATION 13. SPECIAL AUTHORITY 15. POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES

Sec 1101 1301 1501

CHAPTER 11—ORGANIZATION See. 1101. 1102. nOS. 1104. 1105.

Appointment of Commissioners. Term of office; filling vacancies; removal. Chairman; Vice Chairman; Executive Director. Functions of Chairman. Boards of examiners.

§ 1101. Appointment of Commissioners The United States Civil Service Commission is composed of three members appointed by the President, by and with the advice and consent of the Senate, not more than two of whom may be adherents of

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the same political party and none of whom may hold another office or position in the Government of the United States. § 1102. Term of office; filling vacancies; removal (a) The term of office of each Civil Service Commissioner is 6 years. The term of one Commissioner ends on March 1 of each oddnmnberedyear. (b) A (Commissioner appointed to fill a vacancy occurring before the end of the term of office of his predecessor serves for the remainder of that term. The appointment is subject to the requirements of section 1101 of this title. (c) When the term of office of a Commissioner ends, he may continue to serve until his successor is appointed and has qualified. (d) The President may remove a Commissioner. §1103. Chairman; Vice Chairman; Executive Director (a) The President shall from time to time designate one of the Commissioners as the presiding head of the Civil Service Commission with the title of "Chairman, United States Civil Service Commission". The Chairman is the chief executive and administrative officer of the Commission. (b) The President shall from time to time designate one of the Commissioners as Vice Chairman of the Commission. During the absence or disability of the Chairman, or when the office is vacant, the Vice Chairman shall perform the functions vested in the Chairman by section 1104 of this title. (c) During the absence or disability of both the Chairman and the Vice Chairman, or when both offices are vacant, the remaining Commissioner shall perform the functions vested in the Chairman by section 1104 of this title. (d) There is under the Chairman an Executive Director who is appointed in the competitive service by the Chairman. During the absence or disability of all three Commissioners^ or when the offices of the three Commissioners are vacant, the Executive Director shall perform the functions vested in the Chairman hj section 1104 of this title. However, the Executive Director may not sit as a member or acting member of the Commission. § 1104. Functions of Chairman (a) The following functions are vested in the Chairman, United States Civil Service Commission, and shall be performed by him or, subject to his direction and control, by such employees under his jurisdiction as he designates— (1) acting with Civil Service Commission boards of examiners, so far as practicable, to secure accuracy, uniformity, and justice in their proceedings; (2) appointing individuals employed under the Commission, including an employee to have such functions and duties with respect to retirement, life insurance, and health benefits programs as the Commission may prescribe, except that— (A) employees who are engaged regularly and full time in assisting the Commission in the performance of functions reserved to it by subsection (b) of this section are appointed by the Commission; and (B) the regional directors and the heads of the major administrative units reporting directly to the Chairman or Executive Director are appointed by the Chairman only after consultation with the other Commissioners;

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(3) directing, and supervising activities of, employees of the Commission, distributing business among employees and organizational units of the Commission, and directing the internal management of the affairs of the Commission, except that the functions named by this paragraph do not include functions with respect to employees whose appointments remain vested in the Commission by paragraph (2)(A) of this subsection; (4) directing the preparation of requests for appropriations and the use and expenditure of funds; and (5) executing, administering, and enforcing— (A) the civil service rules and regulations of the President and the Commission and the statutes governing the same; and (B) the other activities of the Commission including retirement and classification activities. (b) The functions named by subsection (a)(5) of this section do not include functions of the Commission with respect to— (1) the preparation of rules under section 1301 of this title, and the making of an annual report under section 1308(a)(1) of this title; (2) the prescription of rules, regulations, or similar policy directives; (3) the prevention of pernicious political activities, including functions under chapter 15 and section 1302(d) of this title; (4) the hearing or providing for the hearing of appeals, including appeals with respect to examination ratings, veterans' preference, racial and religious discrimination, disciplinary action, performance ratings, and dismissals, and the taking of final action on those appeals; (5) the recommendation to the President for transmittal to Congress of such legislative or other measures as will promote an efficient civil service and a systematic application of merit system principles, including measures relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and separation of employees; (6) the investigation of matters pertaining to the administration of functions of the Commission or Chairman; or (7) the submission of requests for appropriations to the Bureau of the Budget. § 1105. Boards of examiners (a) The Civil Service Commission shall, in the District of Columbia, and in one or more places in each State and territory or possession of the United States where examinations are to be held, designate at least three individuals in the service of the United States, residing in the State or territory or possession, to be members of Civil Service Commission boards of examiners. The Commission shall consult the head of the agency in which the individuals are serving before designating them as members of a board of examiners. The Commission may at any time substitute another individual residing in the State or territory or possession for one serving as a member of a board of examiners. The boards of examiners shall be so located as to make it reasonably convenient and inexpensive for applicants to attend before them. (b) The proceedings of the boards of examiners are open to the Chairman, United States Civil Service Commission.

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6 by accident; but deserting the principles and professions, which gave him a moment's popularity, we see him, from every honourable engagement to the public, an apostate by design. As for business, the world yet knows nothing of his talents or resolution; unless a wayward, wavering inconsistency be a mark of genius, and caprice a demonstration of spirit. It may be said, perhaps, that it is his Grace's province, as surely it is his passion, rather to distribute than to save the public money; and that while Lord North is Chancellor of the Exchequer, the First Lord of the Treasury may be as thoughtless and extravagant as he pleases. I hope, however, he will not rely too much on the fertility of Lord North's genius for finance. His Lordship is yet to give us the first proof of his abilities: It may be candid to suppose, that he has hitherto voluntarily concealed his talents; intending perhaps to astonish the world, when we least expect it, with a knowledge of trade, a choice of expedients, and a depth of resources, equal to the necessities, and far beyond the hopes of his country. He must now exert the whole power of his capacity, if he would wish us to forget, that, since he has been in office, no plan has been


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PUBLIC LAW 89-554-SEPT. 6, 1966 CHAPTER 13—SPECIAL AUTHORITY

Sec. 1301. 1302. 1303. 1304. 1305. 1306. 1307. 1308.

Rules. Regulations. Investigations; reports. Loyalty investigations; reports; revolving fund. Hearing examiners. Oaths to witnesses. Minutes. Annual reports.

§1301. Rules The Civil Service Commission shall aid the President, as he may request, in preparing the rules he prescribes under this title for the administration of the competitive service. § 1302. Regulations (a) The Civil Service Commission, subject to the rules prescribed by the President under this title for the administration of the competitive service, shall prescribe reflations for, control, supervise, and preserve the records of, examinations for the competitive service. (b) The Commission shall prescribe and enforce regulations for the administration of the provisions of this title, and Executive orders issued in furtherance thereof, that implement the Congressional policy that preference shall be given to preference eligibles in certification for appointment, and in appointment, reinstatement, reemployment, and retention, in the competitive service in Executive agencies, permanent or temporary, and in the government of the District of Columbia. (c) The Commission shall prescribe regulations for the administration of the provisions of this title that implement the Congressional policy that preference shall be given to preference eligibles in certification for appointment, and in appointment, reinstatement, reemployment, and retention, in the excepted service in Executive agencies, permanent or temporary, and in the government of the District of Columbia. (d) The Commission may prescribe reasonable procedure and regulations for the administration of its functions under chapter 15 of this title. § 1303. Investigations; reports The Civil Service Commission may investigate and report on matters concerning— (1) the enforcement and effect of the rules prescribed by the President under this title for the administration of the competitive service and the regulations prescribed by the Commission under section 1302(a) of this title; and (2) the action of an examiner, a board of examiners, and other employees concerning the execution of the provisions of this title that relate to the administration of the competitive service. §1304. Loyalty investigations; reports; revolving fund (a) The Civil Service Commission shall conduct the investigations and issue the reports required by the following statutes— (1) sections 272b, 281b(e), 290a, and 1434 of title 22; (2) section 1874(c) of title 42; and (3) section 1203(e) of title 6, District of Columbia Code. (b) When an investigation under subsection (a) of this section develops data indicating that the loyalty of the individual being investigated is questionable, the Commission shall refer the matter to the Federal Bureau of Investigation for a full field investigation,

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a report of which shall be furnished to the Commission for its information and appropriate action. (c) When the President considers it in the national interest, he may have the investigations of a group or class, which are required by subsection (a) of this section, made by the Federal Bureau of Investigation rather than the Commission. (d) The investigation and report required by subsection (a) of this section shall be made by the Federal Bureau of Investigation rather than the Conunission for those specific positions which the Secretary of State certifies are of a high degree of importance or sensitivity. (e) A revolving fund of $4,000,000 is available to the Commission without fiscal year limitation for financing investigations, the costs of which are required or authorized by statute to be borne by appropriations or funds of other agencies. The fund shall be reimbursed from available funds of agencies for investigations made for them at rates estimated by the Commission to be adequate to recover expenses of operation, including provision for accrued annual leave and depreciation of equipment purchased by the fund. Any surplus accruing to the fund in a fiscal year may be applied to restore any impairment of the capital of the fund because of variations between the rates charged for work or services and the amount later determined by the Commission to be the cost of performing the work or service. Any surplus remaining shall be jMiid into the general fund of the Treasury of the United States as miscellaneous receipts during the following fiscal year. (f) An agency may use available appropriations to reimburse the Commission or the Federal Bureau of Investigation for the cost of investigations made for them under this section, or to make advances toward their cost. These advances and reimbursements shall be credited directly to the applicable appropriations of the Commission or the Federal Bureau of Investigation. (g) This section does not affect the responsibility of the Federal Bureau of Investigation to investigate espionage, sabotage, or subversive acts. § 1305. Hearing examiners For the purpose of sections 3105, 3344, 4301 (2)(E), 5362, and 7521 and the provisions of section 5335(a)(B) of this title that relate to hearing examiners, the Civil Service Commission may investigate, require reports by agencies, issue reports, including an annual report to Congress, prescribe reflations, appoint advisory committees as necessary, recommend legislation, subpena witnesses and records, and pay witness fees as established for the courts of the United States. $ 1306. Oaths to witnesses Each Civil Service Commissioner, including the Chairman, and authorized representatives of the Commission or Chairman, may administer oaths to witnesses in matters pending before the Commission. § 1307. Minutes The Civil Service Commission shall keep minutes of its proceedings. § 1308. Annual reports (a) The Civil Service Commission shall make an annual report to the President for transmittal to Congress. The report shall include— (1) a statement of the Commission's actions in the administration of the competitive service, the rules and regulations and exceptions thereto in force, the reasons for exceptions to the rules,

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the practical effects of the rules and regulations, and any recommendations for the more effectual accomplishment of the purposes of the provisions of this title that relate to the administration of the competitive service; (2) the results of the incentive awards program authorized by chapter 45 of this title with related recommendations; (3) at the end of each fiscal year, the names, addresses, and nature of employment of the individuals on whom the Commission has imposed, a penalty for prohibited political activity under section 7326 of this title, with a statement of the facts on which action was taken, and the penalty imposed; and (4) a statement, in the form determined by the Commission with the approval of the President, on the training of employees under chapter 41 of this title, including— (A) a summary of information concerning the operation and results of the training programs and plans of the agencies; (B) a summary of information received by the Commission from the agencies under section 4113(b) of this title; and (C) the recommendations and other matters considered appropriate by the President or the Commission or required by Congress. (b) The Commission shall report annually to the President for transmittal to Congress on the administration of chapter 41 of this title, including the information received by the Commission from the agencies under section 4113(b) ^2) and (3) of this title. (c) The Commission shall puolish an annual report on the operation of subchapter III of chapter 83 of this title, including a statement concemhig the status of the Civil Service Retirement and Disability Fund on a normal cost plus interest basis. (d) The Commission shall report annually to Congress on the operation of chapter 87 of this title. (e) The Commission shall report annually to Congress on the operation of chapter 89 of this title. CHAPTER IS—POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES Sec 1501. Definitions. 15(^. Influencing elections; taking part in political campaigns; prohibitions; exceptions. 1503. Nonpartisan political activity permitted. 1504. Investigations; notice of hearing. 1505. Hearings; adjudications; notice of determinations. 1506. Orders; withholding loans or grants; limitations. 1507. Subpenas and depositions. 1508. Judicial review.

§ 1501. Definitions For the purpose of this chapter— (1) "State" means a State or territory or possession of the United States; (2) "State or local agency" means the executive branch of a State, municipality, or other political subdivision of a State, or an agency or department thereof; (3) "Federal agency" means an Executive agency or other agency of the United States, but does not include a member bank of the Federal Reserve System;

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(4) "State or local officer or employee" means an individual employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency, but does not include— (A) an individual who exercises no functions in connection with that activity; or (B) an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by a State or political subdivision thereof, or by a recognized religious, philanthropic, or cultural organization; and (6) the phrase "an active part in political management or in political campaigns" means those acts of political management or political campaigning which were prohibited on the part of employees in the competitive service before July 19, 1940, by determinations of the Civil Service Commission under the rules prescribed by the President. §1502. Influencing elections; taking part in political campaigns; prohibitions; exceptions (a) A State or local officer or employee may not— (1) use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; (2) directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or (3) take an active part in political management or in political campaigns. (b) A State or local officer or employee retains the right to vote as he chooses and to express his opinions on political subjects and candidates. (c) Subsection (a)(3) of this section does not apply to— (1) the Governor or Lieutenant Governor of a State or an individual authorized by law to act as Governor; (2) the mayor of a city; (3) a duly elected head of an executive department of a State or municipality who is not classified under a State or mimicipal merit or civil-service system; or (4) an individual holding elective office. § 1503. Nonpartisan political activity permitted Section 1502(a)(3) of this title does not prohibit political activity in connection with— (1) an election and the preceding campaign if none of the candidates is to be nominated or elected at that election as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected; or (2) a question which is not specifically identified with a National or State political party. For the purpose of this section, questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similar character, are deemed not specifically identified with a National or State political party.

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§ 1504. Investigations; notice of hearing When a Federal a,g&ncj charged with the duty of making a loan or grant of funds of the United States for use in an activity by a State or local officer or employee has reason to believe that the officer or employee has violated section 1502 of this title, it shall report the matter to the Civil Service Commission. On receipt of the report, or on receipt of other information which seems to the Commission to warrant an investigation, the Commission shall— (1) fix a time and place for a hearing; and (2) send, by registered or certified mail, to the officer or employee charged with the violation and to the State or local agency employing him a notice setting forth a summary of the alleged violation and giving the time and place of the hearing. The hearing may not be held earlier than 10 days after the mailing of the notice. §1505. Hearings; adjudications; notice of determinations Either the State or local officer or employee or the State or local agency employing him, or both, are entitled to appear with counsel at the hearing under section 1504 of this title, and be heard. After this hearing, the Civil Service Commission shall— (1) determine whether a violation of section 1502 of this title has occurred; (2) determine whether the violation warrants the removal of the officer or employee from his office or employment; and (3) notify the officer or employee and the agency of the determination by registered or certified mail. §1506. Orders; withholding loans or grants; limitations (a) When the Civil Service Commission finds— (1) that a State or local officer or employee has not been removed from his office or employment within 30 days after notice of a determination by the Commission that he has violated section 1502 of this title and that the violation warrants removal; or (2) that the State or local officer or employee has been removed and has been appointed within 18 months after his removal to an office or employment in the same State in a State or local agency which does not receive loans or grants from a Federal agency; the Commission shall make and certify to the appropriate Federal agency an order requiring that agency to withhold from its loans or grants to the State or local agency to which notice was given an amount equal to 2 years' pay at the rate the officer or employee was receiving at the time of the violation. When the State or local agency to which appointment within 18 months after removal has been made is one that receives loans or grants from a Federal agency, the Commission order shall direct that the withholding be made from that State or local agency. (b) Notice of the order shall be sent by registered or certified mail to the State or local agency from which the amount is ordered to be withheld. After the order becomes final, the Federal agency to which the order is certified shall withhold the amount in accordance with the terms of the order. Except as provided by section 1608 of this title, a determination or order of the Commission becomes final at the end of 30 days after mailing the notice of the determination or order. (c) The Commission may not require an amount to be withheld from a loan or grant pledged by a State or local agency as security for its bonds or notes if the withholding of that amount would jeopardize the payment of the principal or interest on the bonds or notes.

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§ 1507. Subpenas and depositions (a) The Civil Service Commission may require by subpena the attendance and testimony of witnesses and the production of documentary evidence relating to any matter before it as a result of this chapter. Any member of the Commission may sign subpenas, and members of the Commission and its examiners when authorized by the Commission may administer oaths, examine witnesses, and receive evidence. The attendance of witnesses and the production of documentary evidence may be required from any place in the United States at the designated place of hearing. I n case of disobedience to a subpena, the Commission may invoke the aid of a court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence. I n case of contumacy or refusal to obey a subpena issued to a person, the United States District Court within whose jurisdiction the inquiry is carried on may issue an order requiring him to appear before the Commission, or to produce documentary evidence if so ordered, or to give evidence concerning the matter in question; and any failure to obey the order of the court may be punished by the court as a contempt thereof. (b) The Commission may order testimony to be taken by deposition at any stage of a proceeding or investigation before it as a result of this chapter. Depositions may be taken before an individual designated by the Commission and having the power to administer oaths. Testimony shall be reduced to writing by the individual taking the deposition, or under his direction, and shall be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence before the Commission as provided by this section. (c) A person may not be excused from attending and testifying or from producing documentary evidence or in obedience to a subpena on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled to testify, or produce evidence, documentary or otherwise, before the Commission in obedience to a subpena issued by it. A person so testifying is not exempt from prosecution and punishment for perjury committed in so testifying. § 1508. Judicial review A party aggrieved by a determination or order of the Civil Service Commission under section 1504, 1505, or 1506 of this title may, within 30 days after the mailing of notice of the determination or order, institute proceedings for review thereof by filing a petition in the United States District Court for the district in which the State or local officer or employee resides. The institution of the proceedings does not operate as a stay of the determination or order unless— (1) the court specifically orders a stay; and (2) the officer or employee is suspended from his office or employment while the proceedings are pending. A copy of the petition shall immediately be served on the Commission, and thereupon the Commission shall certify and file in the court a transcript of the record on which the determination or order was made. The court shall review the entire record including questions of fact and questions of law. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that the additional evidence may materially affect the result of the proceedings and that there were reasonable grounds for failure to adduce this evidence in the hearing before the Commission, the

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court may direct that the additional evidence be taken before the Commission in the manner and on the terms and conditions fixed by the court. The Commission may modify its findings of fact or its determination or order in view of the additional evidence and shall file with the court the modified findings, determination, or order; and the modified findings of fact, if supported by substantial evidence, are conclusive. The court shall affirm the determination or order, or the modified determination or order, if the court determines that it is in accordance with law. If the court determines that the determination or order, or the modified determination or order, is not in accordance with law, the court shall remand the proceeding to the Commission with directions either to make a determination or order determined by the court to be lawful or to take such further proceedings as, in the opinion of the court, the law requires. The judgment and decree of the court are final, subject to review by the appropriate United States Court of Appeals as in other cases, and the judgment and decree of the court of appeals are final, subject to review by the Supreme Court of the United States on certiorari or certification as provided by section 1254 of title 28. If a provision of this section is held to be invalid as applied to a party by a determination or prder of the Commission, the determination or order becomes final and effective as to that party as if the provision had not been enacted.

PART III—EMPLOYEES SUBPART A—GENERAL PROVISIONS CHAFTEB 21. DEFINITIONS 29. COMMISSION S, OATHS, RECORDS, AND REPORTS

See. 2101 2901

SUBPART B — EMPLOYMENT AND RETENTION 3 1. AUTHORITY FOR EMPLOYMENT 33. EXAMINATION, SELECTION, AND PLACEMENT 35. RETENTION PREFERENCE, RESTORATION, AND REEMPLOYMENT

3101 3301 3501

SUBPART C—EMPLOYEE PERFORMANCE 41. T R A I N I N G 43. PERFORMANCE RATING 45. INCENTIVE AWARDS

4101 4301 4501

SUBPART D — P A Y AND ALLOWANCES 51. 53. 55. 57. 59.

CLASSIFICATION P A Y RATES AND SYSTEMS P A Y ADMINISTRATION TRAVEL, TRANSPORTATION, AND SUBSISTENCE ALLOWANCES

5101 5301 5501 5701 5901

SUBPART E—ATTENDANCE AND LEAVE 61. HOURS OF WORK 63. LEAVE

6101 6301

SUBPART F — E M P L O Y E E RELATIONS 71. 73. 75. 77. 79.

POLICIES SUITABILITY, SECURITY, AND CONDUCT ADVERSE ACTIONS APPEALS SERVICES TO EMPLOYEES

7101 7301 7501 7701 7901

SUBPART G—INSURANCE AND ANNUITIES 81. COMPENSATION FOR WORK I N J U R I E S

8101

83. REnEEMEaTii

8301

85. UNEMPLOYMENT COMPENSATION 87. L I F E INSURANCE 89. H E A L T H INSURANCE

8501 8701 8901

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Subpart A—General Provisions CHAPTER 21—DEFINITIONS Sec.

2101. 2102. 2103. 2104. 2105. 2106. 2107. 2108.

Civil service; armed forces; uniformed services. The competitive service. The excepted service. Officer. Employee. Member of (Congress. Congressional employee. Veteran; disabled veteran; preference eligible.

§ 2101. Civil service; armed forces; uniformed services For the purpose of this title— (1) the "civil service" consists of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services; (2) "armed forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard; and (3) "uniformed services" means the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the Coast and Geodetic Survey. § 2102. The competitive service (a) The "competitive service" consists of— (1) all civil service positions in the executive branch, except— (A) positions which are specifically excepted from the competitive service by or under statute; and (B) positions to which appointments are made by nomination for confirmation by the Senate, unless the Senate otherwise directs; (2) civil service positions not in the executive branch which are specifically included in the competitive service by statute; and (3) positions in the government of the District of Columbia which are specifically mcluded in the competitive service by statute. (b) Notwithstanding subsection (a) (1') (B) of this section, the "competitive service" includes positions to which appointments are made by nomination for confirmation by the Senate when specifically included therein by statute. (c) As used in other Acts of Congress, "classified civil service" or "classified service" means the "competitive service". § 2103. The excepted service (a) For the purpose of this title, the "excepted service" consists of those civil service positions which are not in the competitive service. (b) As used in other Acts of Congress, "unclassified civil service" or "unclassified service" means the "excepted service". §2104. Officer For the purpose of this title, "officer", except when specifically modified, means a justice or judge of the United States and an individual who is— (1) required by law to be appointed in the civil service by one of the following acting in an official capacity— (A) the President; CB) a court of the United States; IC) the head of an Executive agency; or (D) the Secretary of a military department;

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Rh formed, no system adhered to, nor any one important measure adopted for the relief of public credit. If his plan for the service of the current year be not irrevocably fixed on, let me warn him to think seriously of consequences, before he ventures to increase the public debt. Outraged and oppressed as we are, this nation will not bear, after a six years' peace, to see new millions borrowed, without an eventual diminution of debt, or reduction of interest. The attempt might rouse a spirit of resentment which might reach beyond the sacrifice of a minister. As to the debt upon the civil list, the people of England expect that it will not be paid without a strict inquiry how it was incurred. If it must be paid by parliament, let me advise the Chancellor of the Exchequer to think of some better expedient than a lottery. To support an expensive war, or in circumstances of absolute necessity, a lottery may perhaps be allowable; but, besides that it is at all times the very worst way of raising money upon the people, I think it ill becomes the Royal dignity, to have the debts of a King provided for, like the repairs of a country bridge, or a decayed hospital. The management of the King's


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(2) engaged in the performance of a Federal function under authority of law or an Executive act; and (3) subject to the supervision of an authority named by pararapn (1) of this section, or the Judicial Conference of the United tates, while engaged in the performance of the duties of his office. § 2105. Employee (a) For the purpose of this title, "employee", except as otherwise provided by this section or when specifically modified, means an officer and an individual who is— (1) appointed in the civil service by one of the following acting in an official capacity— (A) the President; (B) a Member or Members of Congress, or the Congress; (C) a member of a uniformed service; (D) an individual who is an employee under this section; or (E) the head of a Government controlled corporation; (2) engaged in the performance of a Federal function under authority of law or an Executive act; and (3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position. (b) An individual employed at the United States Naval Academy in the midshipmen's laundry, the midshipmen's tailor shop, the midshipmen's cobbler and barber shops, and the midshipmen's store, except an individual employed by the Academy dairy, is deemed an employee. (c) An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Army and Air Force Motion Picture Service, Navy Ship's Stores Ashore, Navy exchanges. Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an employee for the purpose of— (1) laws administered by the Civil Service Commission; or (2) subchapter I of chapter 81 and section 7902 of this title. This subsection does not affect the status of these nonappropriated fund activities as Federal instrumentalities. (d) A Reserve of the armed forces who is not on active duty or who is on active duty for training is deemed not an employee or an individual holding an office of trust or profit or discharging an official function under or in connection with the United States because of his appointment, oath, or status, or any duties or functions performed or pay or allowances received in that capacity. § 2106. Member of Congress For the purpose of this title, "Member of Congress" means the Vice President, a member of the Senate or the House of Representatives, and the Resident Commissioner from Puerto Rico. § 2107. Congressional employee For the purpose of this title, "Congressional employee" means— (1) an employee of either House of Congress, of a committee of other House, or of a joint committee of the two Houses;

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(2) an elected officer of either House who is not a Member of Congress; (3) the Legislative Counsel of either House and an employee of his office; (4) a member of the Capitol Police; (5) an employee of a Member of Congress if the pay of the employee is paid by the Secretary of the Senate or the Clerk of the House of Representatives; (6) an Official Reporter of Debates of the Senate, and an individual employed by the Official Reporters of Debates of the Senate in connection with the performance of their official duties; and (7) the Architect of the Capitol and an employee of the Architect of the Capitol. § 2108. Veteran; disabled veteran; preference eligible For the purpose of this title— (1) "veteran" means an individual who served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955, and has been separated therefrom under honorable conditions; (2) "disaoled veteran" means an individual who has served on active duty in the armed forces, has been separated therefrom under honorable conditions, and has established the present existence of a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the Veterans' Administration or a military department; and (3) "preference eligible" means— (A) a veteran; (B) a disabled veteran; (C) the unmarried widow of a veteran; (D) the wife of a service-connected disabled veteran if the veteran has been unable to qualify for any appointment in the civil service or in the government of the District of Columbia; (E) the mother of an individual who lost his life under honorable conditions while serving in the armed forces during a period named by paragraph (1) of this section, if— (i) her husband is totally and permanently disaoled; (ii) she is widowed, divorced, or separated from the father and has not remarried; or (iii) she has remarried but is widowed, divorced, or legally separated from her husband when preference is claimed; and (F) the mother of a service-connected permanently and totally disabled veteran, if— (i) her husband is totally and permanently disabled; (ii) she is widowed, divorced, or separated from the father and has not remarried; or (iii) she has remarried but is widowed, divorced, or legally separated from her husband when preference is claimed.

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CHAPTER 2&-C0MMISSI0NS, OATHS, RECORDS, AND REPORTS SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS Sec. 2901. 2902. 2903. 2904. 2905. 2906.

Commission of an officer. Commission; where recorded. Oath; authority to administer. Oath; administered without fees. Oath; renewal. Oath; custody.

SUBCHAPTER II—REPORTS Sec. 2951. 2952. 2953. 2954.

Reports to the Civil Service Commission. Time of making annual reports. Reports to Congress on additional employee requirements. Information to committees of Congress on request.

SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS § 2901. Commission of an officer The President may^ make out and deliver, after adjournment of the Senate, the commission of an officer whose appointment has been confirmed by the Senate. § 2902. Commission; where recorded (a) Except as provided by subsections (b) and (c) of this section, the Secretary of State shall make out and record, and affix the seal of the United States to, the commission of an officer appointed by the President. The seal of the United States may not be affixed to the commission before the commission has been signed by the President. (b) The commission of an officer in the civil service or uniformed services under the control of the Postmaster General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of a military department, the Secretary of the Interior, or the Secretary of the Treasury shall be made out and recorded in the department in which he is to serve under the seal of that department. The departmental seal may not be affixed to the commission before the commission has been signed by the President. (c) The commissions of judicial officers and United States attorneys and marshals, appointed by the President, by and with the advice and consent of the Senate, and other commissions which before August 8, 1888, were prepared at the Department of State on the requisition of the Attorney General, shall be made out and recorded in the Department of Justice under the seal of that department and countersigned by the Attorney General. The departmental seal may not be affixed to the commission before the commission has been signed by the President. § 2903. Oath; authority to administer (a) The oath of office required by section 3331 of this title may be administered by an individual authorized by the laws of the United States or local law to administer oaths in the State, District, or territory or possession of the United States where the oath is administered.

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(b) An employee of an Executive agency designated in writing by the head of the Executive agency, or the Secretary of a military department with respect to an employee of his department, may administer— (1) the oath of office required by section 3331 of this title, incident to entrance into the executive branch; or (2) any other oath required by law in connection with employment in the executive branch. (c) An oath authorized or required under the laws of the United States may be administered by— (1) the Vice President; or (2) an individual authorized by local law to administer oaths in the State, District, or territory or possession of the United States where the oath is administered. § 2904. Oath; administered without fees An employee of an Executive agency who is authorized to administer the oath of office required by section 3331 of this title, or any other oath required by law in connection with employment in the executive branch, may not charge or receive a fee or pay for administering the oath. §2905. Oath; renewal (a) An employee of an Executive agency or an individual employed by the government of the District of Columbia who, on original appointment, subscribed to the oath of office required by section 3331 of this title is not required to renew the oath because of a change in status so long as his service is continuous in the agency in which he is employed, unless, in the opinion of the head of the Executive agency, the Secretary of a military department with respect to an employee of his department, or the Commissioners of the District of Columbia, the public interest so requires. (b) An individual who, on appointment as an employee of a House of Congress, subscribed to the oath of office required by section 3331 of this title is not required to renew the oath so long as his service as an employee of that House of Congress is continuous. §2906. Oath; custody The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to which the office pertains. SUBCHAPTER II—REPORTS § 2951. Reports to the Civil Service Commission The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that— (1^ the appointing authority notify the Civil Service Commission in writing of the following actions and their dates as to each individual selected for appointment in the competitive service from among those who have been examined— (A) appointment and residence of appointee; (B) separation during probation; (C) transfer; (D) resignation; and (E) removal; and (2) the Commission keep records of these actions.

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§ 2952. Time of making annual reports Except when a different time is specifically prescribed by statute, the head of each Executive department or military department shall make the annual reports, required to be submitted to Congress, at the beginning of each regular session of Congress. The reports shall cover the transactions of the preceding year. § 2953. Reports to Congress on additional employee requirements (a) Each report, recommendation, or other communication, of an official nature, of an Executive agency which— (1) relates to pending or proposed legislation which, if enacted, will entail an estimated annual expenditure of appropriated funds in excess of $1,000,000; (2) is submitted or transmitted to Congress or a committee thereof in compliance with law or on the initiative of the appropriate authority of the executive branch; and (3) officially proposes or recommends the creation or expansion, either by action of Congress or by administrative action, of a function, activity, or authority of the Executive agency to be in addition to those functions, activities, and authorities thereof existing when the report, recommendation, or other communication is so submitted or transmitted; shall contain a statement, concerning the Executive agency, for each of the first 5 fiscal years during which each additional or expanded function, activity, or authority so proposed or recommended is to be in effect, setting forth the following information— (A) the estimated maximum additional— (i) man-years of civilian employment, by general categories of positions; (ii) expenditures for personal services; and (iii) expenditures for all purposes other than personal services; which are attributable to the function, activity, or authority and which will be required to be effected by the Executive agency in connection with the performance thereof; and (B) such other statement, discussion, explanation, or other information as is considered advisable by the appropriate authority of the executive branch or that is required by Congress or a committee thereof. (b) Subsection (a) of this section does not apply to— ^1) the Central Intelligence Agency; (2) a Government controlled corporation; or (3) the General Accounting Office. §2954. Information to committees of Congress on request An Executive agency, on request of the Committee on Government Operations of the House of Representatives, or of any seven members thereof, or on request of the Committee on Government Operations of the Senate, or any five members thereof, shall submit any information requested of it relating to any matter within the jurisdiction of the committee.

65-300 0-67—29

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Subpart B—Employment and Retention CHAPTER 31—AUTHORITY FOR EMPLOYMENT Sec.

3101. General authority to employ. 3102. Employment of readers for blind employees. 3103. Employment at seat of Government only for services rendered. 3104. Employment of specially qualified scientific and professional personnel. 3105. Appointment of hearing examiners. 3106. Employment of attorneys; restrictions. 3107. Employment of publicity experts; restrictions. 3108. Employment of detective agencies; restrictions. 3109. Employment of experts and consultants; temiwrary or intermittent. § 3101. General authority to employ Each Executive agency, military department, and the government of the District of Columbia may employ such number of employees of the various classes recognized by chapter 51 of this title as Congress may appropriate for from year to year, §3102. Employment of readers for blind employees (a) For the purpose of this section— (1) "agency" means— (A) an Executive agency; (B) the Library of Congress; and (C) the government of the District of Columbia; ('2) "head of each agency" means the Board of Commissioners of the District of Columbia with respect to the government of the District of Columbia; (3) "blind employee" means an individual employed by an agency who establishes, to the satisfaction of the appropriate authority of the agency concerned and under regulations of the head of that agency, that he has an impairment of sight, either permanent or temporary, which is so severe or disabling that the employment of a reading assistant or assistants for that individual is necessary or desirable to enable him properly to perform his work; and (4) "nonprofit organization" means an organization determined by the Secretary of the Treasury to be an organization described by section 501(c) of title 26 which is exempt from taxation under section 501(a) of title 26. (b) The head of each agency may employ a reading assistant or assistants for a blind employee of his agency, to serve without pay from the agency, without regard to— (1) the provisions of this title governing appointment in the competitive service; and (2) chapter 51 and subchapter III of chapter 53 of this title. A reading assistant so employed may be paid and receive pay for his services as reading assistant by and from the blind employee or a nonprofit organization, without regard to section 209 of title 18. (c) This section may not be held or considered to prevent or limit in any way the assignment to a blind employee by an agency of clerical or secretarial assistance, at the expense of the agency and under statutes and regulations currently applicable at the time, if that assistance normally is provided, or authorized to be provided, in that manner under currently applicable statutes and regulations.

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§3103. Employment at seat of Government only for services rendered An individual may be employed in the civil service in an Executive department at the seat of Government only for services actually rendered in connection with and for the purposes of the appropriation from which he is paid. An individual who violates this section shall be removed from the service. §3104. Employment of specially qualified scientific and professional personnel (a) The head of an agency named below may establish scientific or professional positions to carry out the research and development functions of his agency which require the services of specially qualified personnel within the following limits: (1) Department of the Interior—not more than 8. (2) Department of Agriculture—not more than 20. (3) Department of Health, Education, and "Welfare—not more than 13. (4) Department of Commerce—not more than 30, of which at least 5 are for the United States Patent Office in its examining and related activities. (5) Post Office Department—not more than 3. (6) United States Arms Control and Disarmament Agency— not more than 14. (7) Library of Congress—not more than 8. (b) When a general appropriation statute authorizes an agency named by this section to establish and fix the pay of scientific or professional positions similar to those authorized by this section, the number of positions authorized by this section is reduced by the number of positions authorized by the appropriation statute, unless otherwise specifically provided. (c) The head of each agency authorized to establish and fix the pay of positions under this section and section 5361 of this title shall submit to Congress, not later than December 31 of each year, a report setting forth— (1) the number of these positions established in his agency during that calendar year; and (2) the name, rate of pay, and description of the qualifications of each incumbent, together with a statement of the functions performed by each. When the head of such an agency considers full public report on these items detrimental to the national security, he may omit the items from his annual report and, instead, present the information in executive session of such committee of a House of Congress as the presiding officer thereof may designate. § 3105. Appointment of hearing examiners Each agency shall appoint as many hearings examiners as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Hearing examiners shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as hearing examiners. § 3106. Employment of attorneys; restrictions Except as otherwise authorized by law, the head of an Executive department or military department may not employ an attorney or

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counsel for the conduct of litigation in which the United States, an agency, or employee thereof is a party, or is interested, or for the securing of evidence therefor, but shall refer the matter to the Department of Justice. This section does not apply to the employment and payment of counsel under section 1037 of title 10. § 3107. Employment of publicity experts; restrictions Appropriated funds may not be used to pay a publicity expert unless specifically appropriated for that purpose. §3108. Employment of detective agencies; restrictions An individual employed by the Pinkerton Detective Agency, or similar organization, may not be employed by the Government of the United States or the government of the District of Columbia. §3109. Employment of experts and consultants; temporary or intermittent (a) For the purpose of this section— (1) "agency'' has the meaning given it by section 5721 of this title; and (2) "appropriation" includes funds made available by statute under section 849 of title 31. (b) When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to— (1) the provisions of this title governing appointment in the competitive service; (2) chapter 51 and subchapter III of chapter 53 of this title; and (3) section 5 of title 41, except in the case of stenographic reporting services by an organization. However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under section 5332 of this title only when specifically authorized by the appropriation or other statute authorizing the procurement of the services. CHAPTER 33—EXAMINATION, SELECTION, AND PLACEMENT SUBCHAPTER I—EXAMINATION, CERTIFICATION, AND APPOINTMENT Sec.

3301. 3302. 3303. 3304. 3305. 3306. 3307. 3308. 3309. 3310. 33U.

Civil service; generally. Competitive service; rules. Competitive service; recommendations of Senators or Representatives. Competitive service; examinations. Competitive service; examinations; when held. Competitive service; departmental service; apportionment. Competitive service; maximum-age requirement; restriction on use of appropriated funds. Competitive service; examinations; educational requirements prohibited; exceptions. Preference eligibles; examinations; additional points for. Preference eligibles; examinations; guards, elevator operators, messengers, and custodians. Preference eligibles; examinations; crediting experience.

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 affairs in the House of Commons cannot be more disgraced than it has been. A leading minister repeatedly called down for absolute ignorance;—ridiculous motions ridiculously withdrawn;—deliberate plans disconcerted, and a week's preparation of graceful oratory lost in a moment, give us some, though not adequate, ideas of Lord North's parliamentary abilities and influence. Yet before he had the misfortune of being Chancellor of the Exchequer, he was neither an object of derision to his enemies, nor of melancholy pity to his friends.

of inconsistent measures has alienated the colonies from their duty as subjects, and from their natural affections to their common country. When Mr. Grenville was placed at the head of the Treasury, he felt the impossibility of Great Britain's supporting such an establishment as her former successes had made indispensable, and at the same time of giving any sensible relief to foreign trade, and to the weight of the public debt. He thought it equitable that those parts of the


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Sec.

3312. 3313. 3314. 3315. 3316. 3317. 3318. 3319. 3320. 3321. 3322. 3323. 3324. 3325. 3326.

Preference eligibles; physical qualifications; waiver. Competitive service; registers of eligibles. Kegisters; preference eligibles who resigned. Registers; preference eligibles furloughed or separated. Preference eligibles; reinstatement. Competitive service; certification from registers. Competitive service; selection from certificates. Competitive service; selection; members of family restriction. Excepted service; government of the District of Columbia; selection. Competitive service; probation; period of. Competitive service; temporary appointments after age 70. Automatic separations; reappointment; reemployment of annuitants. Appointments at GS-16,17, and 18. Appointments to scientific and professional positions. Appointments of retired members of the armed forces to positions in the Department of Defense. 8327. Postmasters; standards for determination of qualifications.

SUBCHAPTER II—OATH OF OFFICE Sec. 3331. Oath of office. 3332. Officer aflidavit; no consideration paid for appointment. 3333. Employee aflldavit; loyalty and striking against the Government.

SUBCHAPTER III—DETAILS Sec. 3341. 3342. 3343. 3344. 3345. 3346. 3347. 3348. 3349.

Details; Details; Details; Details; Details; Details; Details; Details; Details;

within Executive or military departments. field to departmental service prohibited. to international organizations. hearing examiners. to oflSce of head of Executive or military department. to subordinate ofiQces. Presidential authority. limited in time. to fill vacancies; restrictions.

SUBCHAPTER IV—TRANSFERS Sec.

3351. Preference eligibles; transfer; physical qualifications; waiver.

SUBCHAPTER V—PROMOTION

Sec. 3361. Promotion; competitive service; examination. 3362. Promotion; effect of incentive award. 3363. Preference eligibles; promotion; physical qualifications; waiver. 3364. Promotion; substitute employees in the postal field service.

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. § 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

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(2) necessary exceptions from the provisions of sections 2951, 3304(a), 3306(a)(1), 3321,7152, 7153,7321, and 7322 of this title. Each officer and individual employed in an agency to which the rules apply shall aid in carrying out the rules. § 3303. Competitive service; recommendations of Senators or Representatives An individual concerned in examining an applicant for or appointing him in the competitive service may not receive or consider a recommendation of the applicant by a Senator or Representative, except as to the character or residence of the applicant. § 3304. Competitive service; examinations (a) The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, for— (1) open, competitive examinations for testing applicants for appointment in the competitive service which are practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of the applicants for the appointment sought; and (2) noncompetitive examinations when competent applicants do not compete after notice has been given of the existence of the vacancy. (b) An individual may be appointed in the competitive service only if he has passed an examination or is specifically excepted from examination under section 3302 of this title. This subt;°.ction does not take from the President any authority conferred by section 3301 of this title that is consistent with the provisions of this title governing the competitive service. (c) Notwithstanding a contrary provision of this title or of the rules and regulations prescribed under this title for the administration of the competitive service, an individual who served— (1) for at least 3 years in the legislative branch in a position in which he was paid by the Secretary of the Senate or the Clerk of the House of Representatives; or (2) for at least 4 years as a secretary or law clerk, or both, to a justice or judge of the United States; acquires a competitive status for transfer to the competitive service if he is involuntarily separated without prejudice from the legislative or judicial branch, passes a suitable noncompetitive examination, and transfers to the competitive service within 1 year of the separation from the legislative or judicial branch. For the purpose of this subsection, an individual who has served for at least 2 years in a position in the legislative branch described by paragraph (1) of this subsection and who is separated from that position to enter the armed forces is deemed to have held that position during his service in the armed forces. (d) Employees at any place outside the District of Columbia where the President or a Civil Service Commission board of examiners directs that examinations be held shall allow the reasonable use of public buildings for, and in all proper ways facilitate, holding the examinations. § 3305. Competitive service; examinations; when held (a) The Civil Service Commission shall hold examinations for the competitive service at least twice a year in each State and territory or possession of the United States where there are individuals to be examined.

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(b) The Commission shall hold an examination for a position to which an appointment has been made within the preceding 3 years, on the application of an individual who qualifies as a preference eligible under section 2108(3)(B) - (F) of tiiis title. The examination shall be held during the quarter following the application. § 3306. Competitive service; departmental service; apportionment (a)(1) The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that appointments in the departmental service in the District of Columoia be apportioned among the States, territories and possessions of the United States, and the District of Columbia on the basis of population as ascertained at the last census. (2) Paragraph (1) of this subsection does not apply to a preference eligible, but he may be required to furnish evidence of residence and domicile. (b) An application for examination for appointment in the departmental service in the District of Columbia shall be accompanied by— (1) a certificate under the seal of an official of the county and State of which the applicant claims to be a resident, that the applicant was a legal or voting resident of the State when he made the application and had been for at least 1 year before making the application; or (2) a statement of the applicant under oath setting forth his legal or voting residence for 1 year before making the application, accompanied by letters from three reputable citizens of the State in which residence is claimed corroborating the statement. This subsection does not apply to an employee serving in the competitive service with competitive status who seeks promotion or appointment to another position. §3307. Competitive service; maximum-age requirement; restriction on use of appropriated funds Appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service. §3308. Competitive service; examinations; educational requirements prohibited; exceptions The Civil Service Commission or other examining agency may not prescribe a minimum educational requirement for an examination for the competitive service except when the Commission decides that the duties of a scientific, technical, or professional position cannot be performed by an individual who does not have a prescribed minimum education. The Commission shall make the reasons for its decision under this section a part of its public records. § 3309. Preference eligibles; examinations; additional points for A preference eligible who receives a passing grade in an examination for entrance into the competitive service is entitled to additional points above his earned rating, as follows— (1) a preference eligible under section 2108(3)(B) - (F) of this title—10 points; and (2) a preference eligible under section 2108(3)(A) of this title—5 points.

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§ 3310. Preference eligibles; examinations; guards, elevator operators, messengers, and custodians I n examinations for positions of guards, elevator operatorSj messengers, and custodians in the competitive service, competition is restricted to preference eligibles as long as preference eligibles are available. § 3311. Preference eligibles; examinations; crediting experience I n examinations for the competitive service in which experience is an element of qualification, a preference eligible is entitled to credit—• (1) for service in the armed forces when his employment in a similar vocation to that for which examined was interrupted by the service; and (2) for all experience material to the position for which examined, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether he received pay therefor. § 3312. Preference eligibles; physical qualifications; waiver I n determining qualifications of a preference eligible for examination for, appointment in, or reinstatement in the competitive service, the Civil Service Commission or other examining agency shall waive— (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Commission or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position. § 3313. Competitive service; registers of eligibles The names of applicants who have qualified in examinations for the competitive service shall be entered on appropriate registers or lists of eligibles in the following order— (1) for scientific and professional positions in GS-9 or higher, in the order of their ratings, including points added under section 3309 of this title; and (2) for all other positions— (A) disabled veterans who have a compensable serviceconnected disability of 10 percent or more, in order of their ratings, including points added under section 3309 of this title; and (B) remaining applicants, in the order of their ratings, including points added under section 3309 of this title. The names of preference eligibles shall be entered ahead of others having the same rating. § 3314. Registers; preference eligibles who resigned A preference eligible who resigns, on request to the Civil Service Commission, is entitled to have his name placed again on all registers for which he may have been qualified, in the order named by section 3313 of this title. § 3315. Registers; preference eligibles furloughed or separated (a) A preference eligible who has been separated or furloughed without delinquency or misconduct, on request, is entitled to have his name placed on appropriate registers and employment lists for every position for which his qualifications have been established, in the order named by section 3313 of this title. This subsection applies to regis-

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Rh empire which had benefited most by the expences of the war, should contribute something to the expences of the peace, and he had no doubt of the constitutional right vested in parliament to raise the contribution. But, unfortunately for this country, Mr. Grenville was at any rate to be distressed, because he was minister; and Mr. Pitt and Lord Camden were to be the patrons of America, because they were in opposition. Their declaration gave spirit and argument to the colonies; and while perhaps they meant no more than the ruin of a minister, they in effect divided one half of the empire from the other.

one administration the stamp act is made; under the second it is repealed; under the third, in spite of all experience, a new mode of taxing the colonies is invented, and a question revived, which ought to have been buried in oblivion. In these circumstances a new office is established for the business of the plantations, and the Earl of Hillsborough called forth, at a most critical season, to govern America. The choice at


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ters and employment lists maintained by the Civil Service Commission, an Executive agency, or the government of the District of Colmnbia. (b) The Commission may declare a preference eligible who has been separated or furloughed without pay under section 7512 of this title to be entitled to the benefits of subsection (a) of this section. § 3316. Preference eligibles; reinstatement On request of an appointing authority, a preference eligible who has resigned or who has been dismissed or furloughed may be certified for, and appointed to, a position for which he is eligible in the competitive service, an Executive agency, or the government of the District of Columbia. § 3317. Competitive service; certification from registers (a) The Civil Service Commission shall certify enough names from the top of the appropriate register to permit a nominating or appointing authority who has requested a certificate of eligibles to consider at least three names for appointment to each vacancy in the competitive service. (b) When an appointing authority, for reasons considered sufficient by the Commission, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of discontinuance of certification. § 3318. Competitive service; selection from certificates (a) The nominating or appointing authority shall select for appointment to each vacancy from the highest three eligibles available for appointment on the certificate furnished under section 3317(a) of this title, unless objection to one or more of the individuals certified is made to, and sustained by, the Civil Service Commission for proper and adequate reason under regulations prescribed by the Commission. (b) An appointing authority who passes over a preference eligible on a certificate and selects an individual who is not a preference eligible shall file written reasons with the Commission for passing over the preference eligible. The Commission shall make these reasons a part of the record of the preference eligible. The Commission may require the submission of more detailed information in support of the passing over of the preference eligible. The Commission shall determine the sufficiency or insufficiency of the reasons submitted and shall send its findings to the appointing authority. The appointing authority shall comply with the findings of the Commission. The preference eligible or his representative, on request, is entitled to a copy of— (1) the reasons submitted by the appointing authority; and (2) the findings of the Commission. (c) When three or more names of preference eligibles are on a reemployment list appropriate for the position to be filled, a nominating or appointing authority may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under section 2108(3)(B) - (F) of this title. § 3319. Competitive service; selection; members of family restriction (a) When two or more members of a family are employed in the competitive service, another member of the same family is not eligible for appointment in the competitive service.

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(b) Subsection (a) of this section does not apply to a preference eligible. § 3320. Excepted service; government of the District of Columbia; selection The nominating or appointing authority shall select for appointment to each vacancy in the excepted service in the executive branch and in the government of the District of Columbia from the qualified applicants m the same manner and under the same conditions required for the competitive service by sections 3308-3318 of this title. This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate. § 3321. Competitive service; probation; period of The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that there shall be a period of probation before an appointment in the competitive service becomes absolute. § 3322. Competitive service; temporary appointments after age 70 An individual who has reached his 70th birthday may be appointed to a position in the competitive service only on a temporary basis. §3323. Automatic separations; reappointment; reemployment of annuitants (a) An individual who reaches the retirement age prescribed for automatic separation applicable to him may not be continued in the civil service or in the government of the District of Columbia. An individual separated on account of age under a statute or regulation providing for retirement on account of age is not eligible for appointment in the civil service or in the government of the District of Columbia. The President, when in his judgment the public interest so requires, may except an individual from this subsection by Executive order. This subsection does not apply to an individual named by a statute providing for the continuance of the individual in the civil service or in the government of the District of Columbia. (b) Notwithstanding other statutes, an annuitant as defined by section 8331 of this title receiving annuity from the Civil Service Retirement and Disability Fund is not barred by reason of his retired status from employment in an appointive position for which he is qualified. An annuitant so reemployed serves at the will of the appointing authority. (c) Notwithstanding subsection (a) of this section, a Foreign Service officer retired under section 1001 or 1002 of title 22 or a Foreign Service staff officer or employee retired under section 1063 of title 22 is not barred by reason of his retired status from employment in a position in the civil service for which he is (Qualified. An annuitant so reemployed serves at the will of the appointing authority. (d) Notwithstanding subsection (a) of this section, the Chief of Engineers of the Army, under section 569a of title 33, may employ a retired employee whose expert assistance is needed in connection with river and harbor or flood control works. There shall be deducted from the pay of an employee so reemployed an amount equal to the annuity or retired pay allocable to the period of actual employment. § 3324. Appointments at GS-16,17, and 18 ^^^ ^jj appointment to a position in GS-16,17, or 18 may be made only on approval of the qualifications of the proposed appointee by

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the Civil Service Commission. This section does not apply to a position— (1) provided for in section 5108(c)(2) of this title; (2) to which appointment is made by the President; (3) to which appointment is made by the Librarian of Congress; or (4) the incumbent of which is paid from— (A) appropriations for the Executive Office of the President under the headings "The White House Office", "Special Projects", "Council of Economic Advisers", "National Security Council", and "Office of Emergency Planning", or (B) funds appropriated to the President under the heading "Emergency F u n d for the President" by the Treasury, Post Office, and Executive Office Appropriation Act, 1966, or a later statute making appropriations for the same purpose, (b) The Commission may prescribe regulations necessary for the administration of this section. § 3325. Appointments to scientific and professional positions (a) Positions established under section 3104 of this title are in the competitive service. However, appointments to the positions are made without competitive examination on approval of the qualifications of the proposed appointee by the Civil Service Commission or its designee for this purpose. (b) This section does not apply to positions established under section 3104(a)(7) of this title. § 3326. Appointments of retired members of the armed forces to positions in the Department of Defense (a) For the purpose of this section, "member" and "Secretary concerned" have the meanings given them by section 101 of title 37. (b) A retired member of the armed forces may be appointed to a position in the civil service in or under the Department of Defense (including a nonappropriated fund instrumentality under the jurisdiction of the armed forces) during the period of 180 days immediately after his retirement only if— (1) the proposed appointment is authorized by the Secretary concerned or his designee for the purpose, and, if the position is in the competitive service, after approval by the Civil Service Commission; (2) the minimum rate of basic pay for the position has been increased under section 5303 of this title; or (3) a state of national emergency exists. (c) A request by appropriate authority for the authorization, or the authorization and approval, as the case may be, required by subsection (b)(1) of this section shall be accompanied by a statement which shows the actions taken to assure that— (1) full consideration, in accordance with placement and promotion procedures of the department concerned, was given to eligible career employees; (2) when selection is by other than certification from an established civil service register, the vacancy has been publicized to give interested candidates an opportunity to apply; (3) qualification requirements for the position have not been written in a manner designed to give advantage to the retired member; and (4) the position has not been held open pending the retirement of the retired member.

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§3327. Postmasters; standards for determination of qualifications I n evaluating the qualifications of applicants for positions of postmaster, the Civil Service Commission shall give, with respect to each applicant, due and appropriate consideration to experience in the ix>stal field service, including seniority, length of service, level of difficulty and responsibility of work, attendance, awards and commendations, and performance rating. SUBCHAPTER II—OATH OF OFFICE § 3331. Oath of office A n individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: " I, A B, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." This section does not affect other oaths required by law. §3332. Officer affidavit; no consideration paid for appointment An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appointment. §3333. Employee affidavit; loyalty and striking against the Government (a) Except as provided by subsection (b) of this section, an individual who accepts office or employment in the Government of the United States or in the government of the District of Columbia shall execute an affidavit within 60 days after accepting the office or employment that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title. The affidavit is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title. (b) An affidavit is not required from an individual employed by the Government of the United States or the government of the District of Columbia for less than 60 days for sudden emergency work involving the loss of human life or the destruction of property. This subsection does not relieve an individual from liability for violation of section 7311 of this title. SUBCHAPTER III—DETAILS § 3341. Details; within Executive or military departments (a) The head of an Executive department or military department may detail employees among the bureaus and offices of his department, except employees who are required by law to be exclusively engaged on some specific work. (b) Details under subsection (a) of this section may be made only by written order of the head of the department, and may be for not

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more than 120 days. These details may be renewed by written order of the head of the department, in each particular case, for periods not exceeding 120 days. §3342. Details; field to departmental service prohibited An employee in the field service may not be detailed for duty in an Executive department in the District of Columbia. This section does not prohibit— (1) temporary details for duty connected with the position of the employee detailed; (2) details specially provided by law; or (3) the detail of one employee of the Bureau of Customs for duty in the Department of the Treasury in the District of Columbia. § 3343. Details; to international organizations (a) For the purpose of this section— (1) "agency", "employee", and "international organization" have the meanings given them by section 3581 of this title; and (2) "detail" means the assignment or loan of an employee to an international organization without a change of position from the agency by which he is employed to an international organization. (b) The head of an agency may detail, for a period of not more than 3 years, an employee of his agency to an international organization which requests services. (c) An employee detailed under subsection (b) of this section is deemed, for the purpose of preserving his allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed, and he is entitled to pay, allowances, and benefits from funds available to that agency. The authorization and payment of these allowances and other benefits from appropriations available therefor is deemed to comply with section 5536 of this title. (d) Details may be made under subsection (b) of this section— (1) without reimbursement to the United States by the international organization; or (2) with agreement by the international organization to reimburse the United States for all or part of the pay, travel expenses, and allowances payable during the detail, and the reimbursement shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed. (e) An employee detailed under subsection (b) of this section may be paid or reimbursed by an international organization for allowances or expenses incurred in the performance of duties required by the detail, without regard to section 209 of title 18. § 3344. Details; hearing examiners An agency as defined by section 551 of this title which occasionally or temporarily is insufficiently staffed with hearing examiners appointed under section 3105 of this title may use hearing examiners selected by the Civil Service Commission from and with the consent of other agencies. §3345. Details; to office of head of Executive or military department When the head of an Executive department or military department dies, resigns, or is sick or absent, his first assistantj unless otherwise directed by the President under section 3347 of this title, shall perform the duties of the office until a successor is appointed or the absence or sickness stops.

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§ 3346. Details; to subordinate offices When an officer of a bureau of an Executive department or military department, whose appointment is not vested in the head of the department, dies, resigns, or is sick or absent, his first assistant, unless otherwise directed by the President under section 3347 of this title, shall perform the duties of the office until a successor is appointed or the absence or sickness stops. § 3347. Details; Presidential authority Instead of a detail under section 3345 or 3346 of this title, the President may direct the head of another Executive department or military department or another officer of an Executive department or military department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the office until a successor is appointed or the absence or sickness stops. This section does not apply to a vacancy in the office of Attorney General. § 3348. Details; limited in time A vacancy caused by death or resignation may be filled temporarily under section 3345,3346, or 3347 of this title for not more than 30 days. §3349. Details; to fill vacancies; restrictions A temporary appointment, designation, or assignment of one officer to perform the duties of another under section 3345 or 3346 of this title may not be made otherwise than as provided by those sections, except to fill a vacancy occurring during a recess of the Senate. SUBCHAPTER IV—TRANSFERS §3351. Preference eligibles; transfer; physical qualifications; waiver I n determining qualifications of a preference eligible for transfer to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Civil Service Commission or other examining agency shall waive— (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Commission or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position. This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of. the Senate, except an appointment made under section 3311 of title 39. SUBCHAPTER V—PROMOTION § 3361. Promotion; competitive service; examination A n individual may be promoted in the competitive service only if he has passed an examination or is specifically excepted from exammation under section 3302 of this title. This section does not take from the President any authority conferred by section 3301 of this title that is consistent with the provisions of this title governing the competitive service. § 3362. Promotion; effect of incentive award An agency, in qualifying and selecting an employee for promotion, shall give due weight to an incentive award under chapter 45 of this

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title. For the purpose of this section, "agency" and "employee" have the meanings given them by section 4501 of this title. §3363. Preference eligibles; promotion; physical qualifications; waiver In determining qualifications of a preference eligible for promotion to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Civil Service Commission or other examining agency shall waive— (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Commission or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position. This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate, except an appointment made under section 3311 of title 39. § 3364. Promotion; substitute employees in the postal field service When substitute employees in the postal field service are appointed on the same day, each is entitled to be promoted to the regular force in the order in which his name appeared on the register from which he was originally appointed, if of the required sex, eligible, and willing to accept, unless the vacancy on the regular force is filled by transfer or reinstatement.

CHAPTER 35—RETENTION PREFERENCE, RESTORATION. AND REEMPLOYMENT SUBCHAPTER I—RETENTION PREFERENCE See. 3501. 3502. 3503. 3504.

Definitions; application. Order of retention. Transfer of functions. Preference eligibles; retention; physical qualifications; waiver.

SUBCHAPTER II—RESTORATION AFTER ACTIVE DUTY OR TRAINING DUTY See. 3551. Restoration; Reserves and National Guardsmen.

SUBCHAPTER III—REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY See. 3571. Reinstatement or restoration; individuals suspended or removed for national security.

SUBCHAPTER IV—REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL ORGANIZATION Sec.

3581. 3582. 3583. 3584.

Definitions. Rights of transferring employees. Computations. Regulations.

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