Pub. L. 89–55480 Stat. 417Pub. L. 95–228, § 2(b)92 Stat. 25Pub. L. 95–454, title VII, § 703(c)(1)92 Stat. 1217Pub. L. 96–54, § 2(a)(16)93 Stat. 382Pub. L. 103–94, § 2(b)(1)107 Stat. 1004Pub. L. 118–188, § 2(a)(2)(A)(i)(I)138 Stat. 2645(, , ; , , ; , , ; , , ; , , ; , , .)
|
Historical and Revision Notes |
||
|---|---|---|
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| 5 U.S.C. 633(1) (less function of Civil Service Commission), (2)8 (last sentence). | Jan. 16, 1883, ch. 27, § 2(1) (less function of Civil Service Commission), (2) 8 (last sentence), 22 Stat. 403, 404. |
section 1308 of this titleThe reference to the competitive service is substituted for the reference to the Act creating that service. The reference to reasons for the exceptions is omitted as covered by . The words “provide for” are substituted for “provide and declare”. Paragraph (1) is supplied to preserve the President’s power to except positions from the competitive service, previously implied from the power to except from the first rule in former section 633(2). Authority to make exceptions to so much of former section 633(2) as is restated in this section and section 1302(a) is omitted as meaningless. Authority to make exceptions to so much of former section 633(2) as is restated in section 3318(a) is omitted as superseded by former section 857, which is carried into section 3318(a). In the last sentence, the words “Each officer and individual employed in an agency” are substituted for “officers of the United States in the departments and offices” because of the restrictive definition of “officer” in section 2104.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
Pub. L. 118–1882024—Par. (2). substituted “3304(b)” for “3304(a)”.
Pub. L. 103–941993—Par. (2). substituted “and 7203” for “7203, 7321, and 7322”.
Pub. L. 96–54section 703(c)(1) of Pub. L. 95–4541979—Par. (2). amended par. (2) in same manner as amendment by . See 1978 Amendment note below.
Pub. L. 95–4541978—Par. (2). substituted “7202, 7203” for “7152, 7153”.
Pub. L. 95–228section 3306(a)(1) of this titlePub. L. 95–454section 2105 of this titlePub. L. 95–454, § 703(c)(1)Pub. L. 95–454, § 703(c)(2)section 2105 of this title struck out reference to . Amendments by section 703(c)(1) and (c)(2) of appear to have been inadvertently reversed. Subsec. (c)(1) purported to amend subsec. (c)(1) of , and subsec. (c)(2) purported to amend par. (2) of this section. However, the amendments specified by and (2), were impossible to execute literally. Thus, amendment by was executed to , and amendment by section 703(c)(1) was executed to this section as the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment; Savings Provision
Pub. L. 103–94Pub. L. 103–94Pub. L. 103–94section 12 of Pub. L. 103–94section 7321 of this titleAmendment by effective 120 days after , but not to release or extinguish any penalty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of sustaining any proper proceeding or action for enforcement of that penalty, forfeiture, or liability, and no provision of to affect any proceedings with respect to which charges were filed on or before 120 days after , with orders to be issued in such proceedings and appeals taken therefrom as if had not been enacted, see , set out as an Effective Date; Savings Provision note under .
Effective Date of 1979 Amendment
Pub. L. 96–54section 2(b) of Pub. L. 96–54section 305 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1978 Amendment
Pub. L. 95–454section 907 of Pub. L. 95–454section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .
Executive Documents
Ex. Ord. No. 11521. Veterans Readjustment Appointment for Veterans of Vietnam Era
Ex. Ord. No. 11521, , 35 F.R. 5311, as amended by Ex. Ord. No. 12107, , 44 F.R. 1055, provided:
WHEREAS this Nation has an obligation to assist veterans of the armed forces in readjusting to civilian life;
WHEREAS the Federal Government, as an employer, should reflect its recognition of this obligation in its personnel policies and practices;
WHEREAS veterans, by virtue of their military service, have lost opportunities to pursue education and training oriented toward civilian careers;
WHEREAS the Federal Government is continuously concerned with building an effective workforce, and veterans constitute a major recruiting source; and
WHEREAS the development of skills is most effectively achieved through a program combining employment with education or training:
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution of the United States, by sections 3301 and 3302 of title 5, United States Code, and as President of the United States, it is ordered as follows:
Section 1. (a) Subject to paragraph (b) of this section, the head of an agency may make an excepted appointment, to be known as a “veterans readjustment appointment”, to any position in the competitive service up to and including GS–5 or the equivalent thereof, of a veteran or disabled veteran as defined in section 2108(1), (2), of title 5, United States Code, who:
(1) served on active duty in the armed forces of the United States during the Vietnam era;
(2) at the time of his appointment has completed not more than fourteen years of education; and
(3) is found qualified to perform the duties of the position.
(b) Employment under paragraph (a) of this section is authorized only under a training or educational program developed by an agency in accordance with guidelines established by the Office of Personnel Management.
(c) An employee given a veterans readjustment appointment under paragraph (a) of this section shall serve subject to:
(1) the satisfactory performance of assigned duties; and
(2) participation in the training or educational program under which he is appointed.
(d) An employee who does not satisfactorily meet the conditions set forth in paragraph (c) of this section shall be removed in accordance with appropriate procedures.
(e) An employee serving under a veterans readjustment appointment may be promoted, reassigned, or transferred.
(f) An employee who completes the training or educational program and who has satisfactorily completed two years of substantially continuous service under a veterans readjustment appointment shall be converted to career-conditional or career employment. An employee converted under this paragraph shall automatically acquire a competitive status.
(g) In selecting an applicant for appointment under this section, an agency shall not discriminate because of race, color, religion, sex, national origin, or political affiliation.
Sec. 2. (a) A person eligible for appointment under section 1 of this order may be appointed only within one year after his separation from the armed forces, or one year following his release from hospitalization or treatment immediately following his separation from the armed forces, or one year after involuntary separation without cause from (i) a veterans readjustment appointment or (ii) a transitional appointment, or one year after the effective date of this order if he is serving under a transitional appointment.
(b) The Office of Personnel Management may determine the circumstances under which service under a transitional appointment may be deemed service under a veterans readjustment appointment for the purpose of paragraph (f) of section 1 of this order.
Sec. 3. Any law, Executive order, or regulation which would disqualify an applicant for appointment in the competitive service shall also disqualify a person otherwise eligible for appointment under section 1 of this order.
Sec. 4. For the purpose of this order:
section 102 of title 5section 105 of title 5(a) “agency” means a military department as defined in , United States Code, an executive agency (other than the General Accounting Office [now Government Accountability Office]) as defined in , United States Code, and those portions of the legislative and judicial branches of the Federal Government and of the government of the District of Columbia having positions in the competitive service; and
(b) “Vietnam era” means the period beginning , and ending on such date thereafter as may be determined by Presidential proclamation or concurrent resolution of the Congress.
Sec. 5. The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out the provisions of this order.
Sec. 6. Executive Order No. 11397 of , is revoked. Such revocation shall not affect the right of an employee to be converted to career-conditional or career employment if he meets the requirements of section 1(d) of Executive Order No. 11397 after the effective date of this order.
Sec. 7. This order is effective 14 days after its date.