5 U.S.C. § 3303 — Competitive service; recommendations of

Page 380 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3303 SECTION 1. (a) Subject to paragraph (b) of this section, the head of an agency may make an excepted appoint- ment, to be known as a ‘‘veterans readjustment ap- pointment’’, 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 po- sition. (b) Employment under paragraph (a) of this section is authorized only under a training or educational pro- gram developed by an agency in accordance with guide- lines established by the Office of Personnel Manage- ment. (c) An employee given a veterans readjustment ap- pointment 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 pro- gram 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 proce- dures. (e) An employee serving under a veterans readjust- ment appointment may be promoted, reassigned, or transferred. (f) An employee who completes the training or edu- cational 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 em- ployee converted under this paragraph shall automati- cally 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 separa- tion without cause from (i) a veterans readjustment ap- pointment or (ii) a transitional appointment, or one year after the effective date of this order if he is serv- ing under a transitional appointment. (b) The Office of Personnel Management may deter- mine 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 oth- erwise eligible for appointment under section 1 of this order. SEC. 4. For the purpose of this order: (a) ‘‘agency’’ means a military department as defined in section 102 of title 5, United States Code, an execu- tive agency (other than the General Accounting Office [now Government Accountability Office]) as defined in section 105 of title 5, United States Code, and those por- tions of the legislative and judicial branches of the Federal Government and of the government of the Dis- trict of Columbia having positions in the competitive service; and (b) ‘‘Vietnam era’’ means the period beginning Au- gust 5, 1964, and ending on such date thereafter as may be determined by Presidential proclamation or concur- rent resolution of the Congress. SEC. 5. The Office of Personnel Management shall pre- scribe such regulations as may be necessary to carry out the provisions of this order. SEC. 6. Executive Order No. 11397 of February 9, 1968, 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 sec- tion 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. § 3303. Competitive service; recommendations of Senators or Representatives An individual concerned in examining an ap- plicant for or appointing him in the competitive service may not receive or consider a rec- ommendation of the applicant by a Senator or Representative, except as to the character or residence of the applicant. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 418; Pub. L. 103–94, § 8(a), Oct. 6, 1993, 107 Stat. 1006; Pub. L. 104–197, title III, § 315(a), Sept. 16, 1996, 110 Stat. 2416.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 642. Jan. 16, 1883, ch. 27, § 10, 22 Stat. 406. The prohibition is restated in positive form. The words ‘‘An individual concerned in examining an appli- cant for or appointing him in the competitive service’’ are substituted for ‘‘any person concerned in making any examination or appointment under this act’’. The word ‘‘applicant’’ is substituted for ‘‘person who shall apply for office or place under the provisions of this act’’. The word ‘‘Representative’’ is substituted for ‘‘Member of the House of Representatives’’. 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 1996—Pub. L. 104–197 substituted ‘‘Competitive serv- ice; recommendations of Senators or Representatives’’ for ‘‘Political recommendations’’ in section catchline and amended text generally, substituting provisions prohibiting receipt or consideration of recommenda- tions of applicants in competitive service made by Sen- ators or Representatives for provisions which directed that personnel actions be taken without solicitation of or regard to such recommendations from Members of Congress, congressional employees, any elected official of the government of any State (including D.C. and Puerto Rico) or subdivision thereof, or political party official, prohibited such persons from making such rec- ommendations, prohibited employees or applicants from soliciting such recommendations and required no- tification of such prohibition, but allowed for certain exceptions regarding solicitation and consideration of recommendations if subject of recommendation was limited to factors pertinent to work performance, abil- ity, aptitude, general qualifications, related to suit- ability or security standards, or furnished pursuant to law or regulation. 1993—Pub. L. 103–94 substituted ‘‘Political rec- ommendations’’ for ‘‘Competitive service; recommenda- tions of Senators or Representatives’’ as section catch- line and amended text generally. Prior to amendment, text read as follows: ‘‘An individual concerned in exam- ining an applicant for or appointing him in the com- petitive service may not receive or consider a rec- ommendation of the applicant by a Senator or Rep- resentative, except as to the character or residence of the applicant.’’ Page 381 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3304 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–197 effective 30 days after Sept. 16, 1996, see section 315(c) of Pub. L. 104–197, set out as a note under section 2302 of this title. EFFECTIVE DATE OF 1993 AMENDMENT; SAVINGS PROVISION Amendment by Pub. L. 103–94 effective 120 days after Oct. 6, 1993, but not to release or extinguish any pen- alty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of sustaining any proper proceeding or ac- tion for enforcement of that penalty, forfeiture, or li- ability, and no provision of Pub. L. 103–94 to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103–94 had not been enacted, see section 12 of Pub. L. 103–94, set out as an Effective Date; Savings Provision note under section 7321 of this title. § 3304. Competitive service; examinations (a) DEFINITIONS.—In this section: (1) AGENCY.—The term ‘‘agency’’ means an Executive agency. (2) DIRECTOR.—The term ‘‘Director’’ means the Director of the Office. (3) EXAMINATION.—The term ‘‘examination’’ means the process by which an applicant dem- onstrates knowledge, skills, abilities, and competencies. (4) EXAMINING AGENCY.—The term ‘‘exam- ining agency’’ means— (A) the Office; or (B) an agency to which the Director has delegated examining authority under section 1104(a)(2). (5) OFFICE.—The term ‘‘Office’’ means the Of- fice of Personnel Management. (6) PASSING SCORE.—The term ‘‘passing score’’ means a minimum acceptable score or rating, consistent with applicable law, that may include a quantitative or qualitative as- sessment that an applicant can pass or fail. (7) RELEVANT COMMITTEES.—The term ‘‘rel- evant committees’’ means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Ac- countability of the House of Representa- tives. (8) SUBJECT MATTER EXPERT.—The term ‘‘subject matter expert’’ means an employee or selecting official— (A) who possesses an understanding of the duties of, and knowledge, skills, and abili- ties required for, the position for which the employee or selecting official is developing or administering an examination; and (B) whom the delegated examining unit of the examining agency that employs the em- ployee or selecting official designates to as- sist in the development and administration of technical assessments. (9) TECHNICAL ASSESSMENT.—The term ‘‘tech- nical assessment’’ means a position-specific tool that is relevant to the position for which the tool is developed that— (A) allows for the demonstration of job-re- lated skills, abilities, knowledge, and com- petencies; (B) is based upon a job analysis; and (C) does not solely include or principally rely upon a self-assessment from an auto- mated examination. (b) RULES.—The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, for— (1) open, competitive examinations for test- ing applicants for appointment in the competi- tive 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; (2) noncompetitive examinations when com- petent applicants do not compete after notice has been given of the existence of the vacancy; and (3) authority for agencies to appoint, with- out regard to the provision of sections 3309 through 3318, candidates directly to positions for which— (A) public notice has been given; and (B) the Office of Personnel Management has determined that there exists a severe shortage of candidates (or, with respect to the Department of Veterans Affairs, that there exists a severe shortage of highly qualified candidates) or that there is a crit- ical hiring need. The Office shall prescribe, by regulation, cri- teria for identifying such positions and may del- egate authority to make determinations under such criteria. (c) EXAMINATIONS.— (1) IN GENERAL.—For the purpose of testing applicants for appointment for a position, or class of positions, in the competitive service, an examining agency shall conduct an exam- ination pursuant to subsection (b). (2) INTERIM EXAMINATION PERIOD.— (A) PREFERENCE FOR TECHNICAL ASSESS- MENT.—During the 3-year period beginning on the date of enactment of the Chance to Compete Act of 2024, an examining agency shall preference the use of a technical as- sessment, to the maximum extent prac- ticable, to assess the job-related skills, abili- ties, knowledge, and competencies of an ap- plicant for a position in the competitive service. (B) USE OF ALTERNATIVE ASSESSMENT.— During the 3-year period beginning on the date of enactment of the Chance to Compete Act of 2024, if an examining agency deter- mines that the use of a technical assessment to assess the job-related skills, abilities, knowledge, and competencies of an applicant for a position in the competitive service is not practicable, the examining agency may use an alternative assessment for that pur- pose if the examining agency includes a brief description of the rationale for the use of the alternative assessment in the job post- ing. (3) TRANSITION PLANNING.— (A) IN GENERAL.—Not later 18 months after the date of enactment of the Chance to Com- pete Act of 2024, the Director shall submit to the relevant committees a plan to transition Federal hiring practices to adopt technical