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5 U.S.C. § 3302 — Competitive service; rules

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3302 — Competitive service; rules

The President may prescribe rules governing the competitive service. The rules shall provide, as nearly as conditions of good administration warrant, for— (1) necessary exceptions of positions from the competitive service; and (2) necessary exceptions from the provisions of sections 2951, 3304(b), 3321, 7202, and 7203 of this title. Each officer and individual employed in an agency to which the rules apply shall aid in carrying out the rules.

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Stable record: federal_law:legal_authorities:record_usc_08ebdad8f414204ae8755dd0
Source file: Laws/federal/codes/united-states-code/title-5/section-3302-competitive-service-rules--a407eb9e37.md
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Passage SHA-256: cc6811a1bc18bc334dc54b8321aa7acacca489862849317721057fd9d66c4b63

Source location: Title 5, Chapter 33, § 3302; chapter-033-examination-selection-and-placement.md

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The President may prescribe rules governing the competitive service. The rules shall provide, as nearly as conditions of good administration warrant, for— (1) necessary exceptions of positions from the competitive service; and (2) necessary exceptions from the provisions of sections 2951, 3304(b), 3321, 7202, and 7203 of this title. Each officer and individual employed in an agency to which the rules apply shall aid in carrying out the rules.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 102 — Military departments

The military departments are:

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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; (E) the head of a Government controlled corporation; or (F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim); (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 who is 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 (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee. **(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, 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 emp

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2105

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7321 — Political participation

It is the policy of the Congress that employees should be encouraged to exercise fully, freely, and without fear of penalty or reprisal, and to the extent not expressly prohibited by law, their right to participate or to refrain from participating in the political processes of the Nation.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 105 — Executive agency

For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1308 — Repealed. Pub. L. 105–362, title XIII, § 1302(b)(1), Nov. 10, 1998, 112 Stat. 3293]

### Statutory Notes Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 402; Pub. L. 91–93, title I, § 104, Oct. 20, 1969, 83 Stat. 138; Pub. L. 93–156, Nov. 21, 1973, 87 Stat. 623; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(3), Aug. 14, 1979, 93 Stat. 381; Pub. L. 96–470, title I, § 121, Oct. 19, 1980, 94 Stat. 2241, required annual reports on operation of subchapter III of chapter 83 of this title and chapters 87 and 89 of this title.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1308

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 305 — Systematic agency review of operations

**(a)** For the purpose of this section, “agency” means an Executive agency, but does not include— (1) a Government controlled corporation; (2) the Tennessee Valley Authority; (3) the Virgin Islands Corporation; (4) the Atomic Energy Commission; (5) the Central Intelligence Agency; (6) the Panama Canal Commission; or (7) the National Security Agency, Department of Defense. **(b)** Under regulations prescribed and administered by the President, each agency shall review systematically the operations of each of its activities, functions, or organization units, on a continuing basis. **(c)** The purpose of the reviews includes— (1) determining the degree of efficiency and economy in the operation of the agency’s activities, functions, or organization units; (2) identifying the units that are outstanding in those respects; and (3) identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1784 — Employment opportunities for military spouses

**(a) Authority.—** The President shall order such measures as the President considers necessary to increase employment opportunities for spouses of members of the armed forces. Such measures may include— (1) excepting, pursuant to [section 3302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3302&num=0&edition=prelim), from the competitive service positions in the Department of Defense located outside of the United States to provide employment opportunities for qualified spouses of members of the armed forces in the same geographical area as the permanent duty station of the members; and (2) providing preference in hiring for positions in nonappropriated fund activities to qualified spouses of members of the armed forces stationed in the same geographical area as the nonappropriated fund activity for positions in wage grade UA–8 and below and equivalent positions and for positions paid at hourly rates. **(b) Regulations.—** The Secretary of Defense shall prescribe regulations— (1) to implement such measures as the President orders under subsection (a); (2) to provide preference to qualified spouses of members of the armed forces in hiring for any civilian position in the Department of Defense if the spouse is among persons determined to be best qualified for the position and if the position is located in the same geographical area as the permanent duty station of the member; (3) to ensure that notice of any vacant position in the Department of Defense is provided in a manner reasonably designed to reach spouses of members of the armed forces whose permanent duty stations are in the same geographic area as the area in which the position is located; and (4) to ensure that the spouse of a member of the armed forces who applies

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1784

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4214 — Employment within the Federal Government

**(a)** (1) The United States has an obligation to assist veterans of the Armed Forces in readjusting to civilian life. The Federal Government is also continuously concerned with building an effective work force, and veterans constitute a uniquely qualified recruiting source. It is, therefore, the policy of the United States and the purpose of this section to promote the maximum of employment and job advancement opportunities within the Federal Government for qualified covered veterans (as defined in paragraph (2)(B)) who are qualified for such employment and advancement. (2) In this section: (A) The term “agency” has the meaning given the term “department or agency” in [section 4211(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/5&num=0&edition=prelim). (B) The term “qualified covered veteran” means a veteran described in [section 4212(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212/a/3&num=0&edition=prelim). **(b)** (1) To further the policy stated in subsection (a) of this section, veterans referred to in paragraph (2) of this subsection shall be eligible, in accordance with regulations which the Office of Personnel Management shall prescribe, for veterans recruitment appointments, and for subsequent career-conditional appointments, under the terms and conditions specified in Executive Order Numbered 11521 (March 26, 1970), except that— (A) such an appointment may be made up to and including the level GS–11 or its equivalent; (B) a veteran shall be eligible for such an appointment without regard to the number of years of education completed by such veteran; (C) a veteran who is entitled to disability compensation under the laws administered by

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4214

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1302 — Regulations

**(a)** The Office of Personnel Management, subject to the rules prescribed by the President under this title for the administration of the competitive service, shall prescribe regulations for, control, supervise, and preserve the records of, examinations for the competitive service. **(b)** The Office 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 Office 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 Office may prescribe reasonable procedure and regulations for the administration of its functions under chapter 15 of this title.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1302

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