5 U.S.C. § 3313 — Competitive service; registers of eligibles

Page 391 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3314 agency shall notify the preference eligible of the reasons for the determination and of the right to respond, within 15 days of the date of the notifi- cation, to the Office. The Office shall require a demonstration by the appointing authority that the notification was timely sent to the pref- erence eligible’s last known address and shall, before the selection of any other person for the position, make a final determination on the physical ability of the preference eligible to per- form the duties of the position, taking into ac- count any additional information provided in any such response. When the Office has com- pleted its review of the proposed disqualification on the basis of physical disability, it shall send its findings to the appointing authority and the preference eligible. The appointing authority shall comply with the findings of the Office. The functions of the Office under this subsection may not be delegated. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 420; Pub. L. 95–454, title III, § 307(c), title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1148, 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 854 (1st 2 sentences, less so much as relates to promotion, reten- tion, and transfer). June 27, 1944, ch. 287, § 5 (1st 2 sentences, less so much as relates to promotion, retention, and transfer), 58 Stat. 388. The section is restated for clarity and conciseness. The words ‘‘for which examination is given’’ and ‘‘for which the examination is given’’ are omitted as sur- plusage. The application of this section to the excepted service in the executive branch and the government of the District of Columbia is preserved by section 3320. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 designated existing provisions as subsec. (a), substituted ‘‘Office of Personnel Manage- ment’’ and ‘‘Office’’ for ‘‘Civil Service Commission’’ and ‘‘Commission’’, respectively, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. § 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 compen- sable service-connected disability of 10 per- cent or more, in order of their ratings, in- cluding 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 en- tered ahead of others having the same rating. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 420.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 856. June 27, 1944, 287, § 7, 58 Stat. 389. Aug. 14, 1953, ch. 485, § 1(b), 67 Stat. 581. The section is restated for clarity and conciseness. The words ‘‘for the competitive service’’ are added for clarity. Application of this section to the excepted service in the executive branch and to the government of the District of Columbia is carried into section 3320. The words ‘‘employment lists’’ are omitted as included in ‘‘appropriate registers or lists of eligibles’’. In paragraph (1), the words ‘‘in GS–9 or higher’’ are substituted for ‘‘in grade 9 or higher of the General Schedule of the Classification Act of 1949, as amended’’ in view of the codification of the Act in this title, and, in specific sections 5104 and 5332. In paragraph (2)(A), the term ‘‘disabled veterans’’ is substituted for ‘‘preference eligibles’’ in view of the definition of ‘‘disabled veteran’’ in section 2108(2). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 3314. Registers; preference eligibles who re- signed A preference eligible who resigns, on request to the Office of Personnel Management, is enti- tled to have his name placed again on all reg- isters for which he may have been qualified, in the order named by section 3313 of this title. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 420; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 865. June 27, 1944, ch. 287, § 16, 58 Stat. 391. The last 28 words of former section 865 relating to re- certification and reappointments are omitted since under sections 3317 and 3318(a) certification and ap- pointment follow from placing on registers. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.