Notes on 5 U.S.C. § 3301 : US Code - Notes

Search Notes on 5 U.S.C. § 3301 : US Code - Notes

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 417.)
HISTORICAL AND REVISION NOTES                   
--------------------------------------------------------------------
Derivation           U.S. Code              Revised Statutes and    
Statutes at Large     
--------------------------------------------------------------------
5 U.S.C. 631 (less       R.S. Sec. 1753 (less last   
last 16 words).          16 words).                 
--------------------------------------------------------------------
The words "civil service in the executive branch" are substituted
for "civil service of the United States" to confirm the grant of
authority in view of the definition of "civil service" in section
2101. The word "will" is substituted for "may". The words "for the
employment sought" are substituted for "for the branch of service
into which he seeks to enter" as the latter are archaic since there
are no "branches" within the executive branch. The word "applicant"
is substituted for "candidate".
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
SHORT TITLE OF 1998 AMENDMENT                   
Pub. L. 105-277, div. C, title I, Sec. 151(a), Oct. 21, 1998, 112
Stat. 2681-611, provided that: "This section [enacting sections
3345 to 3349d of this title, repealing former sections 3345 to 3349
of this title, and enacting provisions set out as a note under
section 3345 of this title] may be cited as the 'Federal Vacancies
Reform Act of 1998'."
SHORT TITLE OF 1991 AMENDMENT                   
Pub. L. 102-175, Sec. 1, Dec. 2, 1991, 105 Stat. 1222, provided
that: "This Act [amending sections 3395, 3396, 5383, and 7701 of
this title] may be cited as the 'Senior Executive Service
Improvements Act'."
MODIFICATIONS TO NATIONAL SECURITY EDUCATION PROGRAM       
Pub. L. 107-296, title XIII, Sec. 1332(a), Nov. 25, 2002, 116
Stat. 2299, provided that:
"(a) Findings and Policies. - 
"(1) Findings. - Congress finds that - 
"(A) the United States Government actively encourages and
financially supports the training, education, and development
of many United States citizens;
"(B) as a condition of some of those supports, many of those
citizens have an obligation to seek either compensated or
uncompensated employment in the Federal sector; and
"(C) it is in the United States national interest to maximize
the return to the Nation of funds invested in the development
of such citizens by seeking to employ them in the Federal
sector.
"(2) Policy. - It shall be the policy of the United States
Government to - 
"(A) establish procedures for ensuring that United States
citizens who have incurred service obligations as the result of
receiving financial support for education and training from the
United States Government and have applied for Federal positions
are considered in all recruitment and hiring initiatives of
Federal departments, bureaus, agencies, and offices; and
"(B) advertise and open all Federal positions to United
States citizens who have incurred service obligations with the
United States Government as the result of receiving financial
support for education and training from the United States
Government."
TEMPORARY MEASURES TO FACILITATE REEMPLOYMENT OF CERTAIN DISPLACED
FEDERAL EMPLOYEES
Pub. L. 102-484, div. D, title XLIV, Sec. 4432, Oct. 23, 1992,
106 Stat. 2720, directed executive agencies and the Department of
Defense, in filling vacant positions, to give full consideration to
the applications of certain individuals who became displaced
employees before Oct. 1, 1997, before selecting any candidate from
outside the agency for the position.
NATIONAL ADVISORY COUNCIL ON THE PUBLIC SERVICE          
Pub. L. 101-363, Aug. 14, 1990, 104 Stat. 424, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'National Advisory Council on the
Public Service Act of 1990'.
"SEC. 2. FINDINGS.
"The Congress finds that - 
"(1) recognition of the services rendered by Federal employees
(hereinafter in this Act referred to as 'national public
service') should be accorded a high and continuing place on the
national agenda;
"(2) the National Commission on the Public Service, through its
good works, has documented the need for greater advocacy on
behalf of those performing national public service;
"(3) although public service is an honorable profession,
members of the public do not always perceive it favorably;
"(4) serious obstacles often hinder the Government's efforts to
recruit and retain the best and the brightest for national public
service;
"(5) just as the public has a right to expect Federal employees
to adhere to the highest standards of excellence and ethicality,
so Federal employees have a right to expect an atmosphere of
trust and respect, and a sense of accomplishment from their work;
and
"(6) an advisory council is needed to provide the President and
the Congress with bipartisan, objective assessments of, and
recommendations concerning, the Federal workforce.
"SEC. 3. ESTABLISHMENT.
"There shall be established a council to be known as the National
Advisory Council on the Public Service (hereinafter in this Act
referred to as the 'Council').
"SEC. 4. FUNCTIONS.
"The Council shall - 
"(1) regularly assess the state of the Federal workforce;
"(2) in conjunction with the President, the Congress, and the
Judiciary, seek to attract individuals of the highest caliber to
careers involving national public service, and encourage them and
others of similar distinction who are already part of the Federal
workforce to make a continuing commitment to national public
service;
"(3) promote better public understanding of the role of Federal
employees in implementing Government programs and policies, and
otherwise seek to improve the public perception of Federal
employees;
"(4) encourage efforts to build student interest in performing
national public service (whether those efforts are undertaken at
the community level, in the classroom, or otherwise); and
"(5) develop methods for improving motivation and excellence
among Federal employees.
"SEC. 5. MEMBERSHIP.
"(a) Number and Appointment. - The Council shall be composed of
15 members as follows:
"(1) 2 Members of the Senate, 1 of whom shall be appointed by
the majority leader of the Senate and the other of whom shall be
appointed by the minority leader of the Senate.
"(2) 2 Members of the House of Representatives, 1 of whom shall
be appointed by the Speaker of the House of Representatives and
the other of whom shall be appointed by the minority leader of
the House of Representatives.
"(3) The Director of the Administrative Office of the United
States Courts (or his delegate).
"(4) 10 individuals appointed by the President - 
"(A) 4 of whom shall be chosen from among officers serving in
the executive branch;
"(B) 1 of whom shall be chosen from among career employees in
the civil service;
"(C) 1 of whom shall be a Federal employee who is a member of
a labor organization (as defined by section 7103(a)(4) of title
5, United States Code); and
"(D) 4 of whom shall be chosen from among members of the
public who do not hold any Government office or position.
"(b) Continuation of Membership. - If any member of the Council
whose appointment is based on that individual's holding a
Government office or position leaves such office or position, or if
any member of the Council under subsection (a)(4)(D) is appointed
or elected to a Government office or position, that individual may
continue to serve as such a member for not longer than the 90-day
period beginning on the date of leaving that office or position, or
entering into that office or position, as the case may be.
"(c) Terms. - Members of the Council shall be appointed for the
life of the Council.
"(d) Vacancies. - A vacancy in the Council shall be filled in the
manner in which the original appointment was made.
"(e) Compensation. - (1) Members of the Council shall not be
entitled to pay (or, in the case of members holding any Government
office or position, pay in addition to any to which they are
otherwise entitled for service in such office or position) by
virtue of membership on the Council.
"(2) While serving away from their homes or regular places of
business in the performance of duties for the Council, members
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as authorized by section 5703 of
title 5, United States Code, for persons employed intermittently in
Government service.
"(f) Quorum. - Eight members of the Council shall constitute a
quorum.
"(g) Chairman. - The Chairman of the Council shall be designated
by the President from among the members appointed under subsection
(a)(4)(D).
"(h) Meetings. - The Council shall meet at the call of the
Chairman or a majority of its members, and shall meet on at least a
quarterly basis.
"SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
"(a) Director. - With the approval of the Council, the Chairman
may appoint a Director and fix the pay of such Director at a rate
not to exceed the rate for level IV of the Executive Schedule [5
U.S.C. 5315]. The Director shall be a person who, by reason of
demonstrated ability in the area of management, government, or
public administration, is especially well qualified to serve.
"(b) Staff. - With the approval of the Chairman, the Director may
appoint and fix the pay of such personnel as may be necessary to
carry out the functions of the Council. The staff of the Council
shall be appointed subject to the provisions of title 5, United
States Code, governing appointments in the competitive service, and
shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
"(c) Experts and Consultants. - The Council may procure temporary
or intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum rate payable under the General Schedule.
"(d) Staff of Federal Agencies. - Upon the request of the
Chairman, the head of a Federal agency may detail, on a
reimbursable or nonreimbursable basis, any personnel of such agency
to the Council to assist the Council in carrying out its functions
under this Act.
"SEC. 7. POWERS.
"(a) Mails. - The Council may use the United States mails in the
same manner and under the same conditions as other Federal
agencies.
"(b) Administrative Support Services. - The Administrator of
General Services shall provide to the Council, on a reimbursable
basis, such administrative support services as the Council may
request.
"(c) Official Data. - The Council may secure directly from any
Federal agency information necessary to carry out its functions
under this Act. Each such agency is authorized and directed to
furnish, to the extent permitted by law, any information requested
by the Council.
"(d) Gifts. - The Council - 
"(1) may accept money and other property donated, bequeathed,
or devised to the Council without condition or restriction (other
than that it be used to carry out the work of the Council); and
"(2) may use, sell, or otherwise dispose of any such property
to carry out its functions under this Act, except that, upon the
termination of the Council, any such property shall be disposed
of in accordance with applicable provisions of law governing the
disposal of Federal property.
"SEC. 8. REPORTS.
"The Council shall transmit to the President and each House of
the Congress - 
"(1) within 1 and 2 years, respectively, after the date on
which the Council first meets, reports containing its preliminary
findings and recommendations; and
"(2) within 3 years after the date on which the Council first
meets, a final report containing a detailed statement of the
findings and conclusions of the Council, together with its
recommendations for such legislation or administrative actions as
it considers appropriate.
"SEC. 9. COMMENCEMENT; TERMINATION.
"(a) Commencement. - Appointments under section 5 shall be made,
and the Council shall first meet, within 90 days after the date of
the enactment of this Act [Aug. 14, 1990].
"(b) Termination. - The Council shall cease to exist upon
transmitting its final report under section 8(2).
"SEC. 10. AUTHORIZATION.
"There is authorized to be appropriated such sums as may be
necessary to carry out this Act."
EX. ORD. NO. 8743. EXTENDING THE CLASSIFIED CIVIL SERVICE     
Ex. Ord. No. 8743, Apr. 23, 1941, as amended by Ex. Ord. No.
9230, Aug. 20, 1942; Ex. Ord. No. 9678, Jan. 14, 1946; Ex. Ord. No.
9712, Apr. 13, 1946; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R.
1055, provided:
By virtue of the authority vested in me by section 1 of the act
of November 26, 1940, entitled "Extending the Classified Executive
Civil Service of the United States" (54 Stat. 1211), by the Civil
Service Act (22 Stat. 403), and by section 1753 of the Revised
Statutes of the United States [sections 3301 and 7301 of this
title], it is hereby ordered as follows:
Section 1. All offices and positions in the executive civil
service of the United States except (1) those that are temporary,
(2) those expressly excepted from the provisions of section 1 of
the said act of November 26, 1940, (3) those excepted from the
classified service under Schedules A and B of the Civil Service
Rules, and (4) those which now have a classified status, are hereby
covered into the classified civil service of the Government.
Section 2. Section 1 of this order shall become effective on
January 1, 1942, except that as to positions affected thereby which
are vacant at any time after June 30, 1941, and before January 1,
1942, it shall become effective when the vacancies first exist
during such period, and appointments to such vacant positions shall
be made in accordance with the Civil Service Rules as amended by
section 3 of this order, unless prior express permission is given
by the Office of Personnel Management for appointment without
regard thereto.
Section 3. (a) Upon consideration of the report of the Committee
on Civil Service Improvement (House Document No. 118, 77th
Congress) appointed by Executive Order No. 8044 of January 31,
1939, it is hereby found and determined that the regulations and
procedures hereinafter prescribed in this section with respect to
attorney positions in the classified civil service are required by
the conditions of good administration.
(b) There is hereby created in the Office of Personnel Management
(hereinafter referred to as the Office) a board to be known as the
Board of Legal Examiners (hereinafter referred to as the Board).
The Board shall consist of the Solicitor General of the United
States and the chief law officer of the Office of Personnel
Management, as members ex officio, and nine members to be appointed
by the President, four of whom shall be attorneys chosen from the
chief officers of the Executive departments, agencies or corporate
instrumentalities of the Government, two from the law-teaching
profession, and three from attorneys engaged in private practice.
The President shall designate the chairman of the Board. Five
members shall constitute a quorum, and the Board may transact
business notwithstanding vacancies thereon. Members of the Board
shall receive no salary as such, but shall be entitled to necessary
expenses incurred in the performance of their duties hereunder.
(c) It shall be the duty of the Board to promote the development
of a merit system for the recruitment, selection, appointment,
promotion, and transfer of attorneys in the classified civil
service in accordance with the general procedures outlined in Plan
A of the report of the Committee on Civil Service Improvement,
appointed by Executive Order No. 8044 of January 31, 1939.
(d) The Board, in consultation with the Office, shall determine
the regulations and procedures under this section governing the
recruitment and examination of applicants for attorney positions,
and the selection, appointment, promotion and transfer of
attorneys, in the classified service.
(e) The Office shall in the manner determined by the Board
establish a register or registers for attorney positions in the
classified service and such positions shall thereafter be filled
from such registers as are designated by the Board. Unless
otherwise determined by the Board, any register so established
shall not be in effect for a period longer than one year from the
date of its establishment. Upon request of the Board, the Office
shall appoint regional or local boards of examiners composed of
persons approved by the Board, within or without the Federal
service, to interview and examine applicants as the Board shall
direct.
(f) The number of names to be placed upon any register of
eligibles for attorney positions shall be limited to the number
recommended by the Board; and such registers shall not be ranked
according to the ratings received by the eligibles, except that
persons entitled to veterans' preference as defined in section 1 of
Civil Service Rule VI shall be appropriately designated thereon.
(g) Any person whose name has been placed upon three registers of
eligibles covering positions of the same grade, and who has not
been appointed therefrom, shall not thereafter be eligible for
placement upon any subsequently established register covering
positions of such grade.
(h) So far as practicable and consistent with good
administration, the eligibles on any register for attorney
positions and appointments for such register shall be apportioned
among the several States and Territories and the District of
Columbia upon the basis of population as ascertained in the last
preceding census. The Office shall certify to the appointing
officer for each vacancy all the eligibles on the appropriate
register except those whose appointment would, in the determination
of the Board, be inconsistent with the apportionment policy herein
prescribed. The appointing officer shall make selections for any
vacancy or vacancies in attorney positions from the register so
certified, with sole reference to merit and fitness.
(i) Any position affected by this section may be filled before
appropriate registers have been established pursuant to this
section only by a person whose appointment is approved by the
Board. The Board may require as a condition of its approval that
persons thus proposed for appointment pass a noncompetitive
examination and may designate examining committees composed of
persons within or without the Federal service to conduct such
examinations. Persons whose appointment was approved by the Board
prior to March 16, 1942, and who pass a noncompetitive examination
prescribed by the Board shall be eligible for a classified civil-
service status after the expiration of six months from the date of
appointment upon compliance with the provisions of Section 6 of
Civil Service Rule II other than those provisions relating to
examination. Effective March 16, 1942, all appointments to attorney
and law clerk (trainee) positions shall be for the duration of the
present war and for six months thereafter unless specifically
limited to a shorter period.
(j) The incumbent of any attorney position covered into the
classified service by section 1 of this order may acquire a
classified civil-service status in accordance with the provisions
of Section 2(a) of the act of November 26, 1940 (54 Stat. 1211) or,
in the discretion of the Board and when applicable, Section 6, of
Civil Service Rule II: Provided, That the noncompetitive
examination required thereunder shall be prescribed by the Office
with the approval of the Board.
(k) The Office with the approval of the Board shall appoint a
competent person to act as Executive Secretary to the Board; and
the Office shall furnish such further professionals, clerical,
stenographic, and other assistants as may be necessary to carry out
the provisions of this section.
(l) The Civil Service Rules are hereby amended to the extent
necessary to give effect to the provisions of this section.
Section 4. The noncompetitive examinations prescribed pursuant to
sections 3 and 6 of this order and section 2(a) of the said act of
November 26, 1940, shall, among other things, require any person
taking such examination to meet such reasonable standards of
physical fitness and personal suitability as the Office of
Personnel Management may prescribe.
Section 5. Persons who on the effective date of section 1 of this
order are on furlough or leave without pay from any position
covered into the classified service by that section may be recalled
to duty within one year of the date that they are furloughed or
given leave without pay, and may be continued in such positions
thereafter but shall not thereby acquire a classified civil-service
status. If they are not recalled to duty within the time specified
herein, they shall be separated from the service.
Section 6. (a) Any person who, in order to perform active service
with the military or naval forces of the United States, has left a
position (other than a temporary position) which is covered into
the classified civil service under section 1 of this order, shall
be reinstated in such position or to a position of like seniority,
status, and pay in the same department or agency, and may, upon
reinstatement, acquire a classified civil-service status: Provided,
(1) that he has been honorably discharged from the military or
naval service, (2) that he makes application for reinstatement
within 90 days after termination of his service with the armed
forces or of hospitalization continuing after discharge for a
period of not more than one year, and (3) that he qualifies in such
suitable noncompetitive examination as the Office may prescribe.
(b) Any person who, in order to perform active service with the
military or naval forces of the United States, has left a position
in any department or agency (other than a temporary position) which
is covered into the classified civil service under section 1 of
this order, may, upon his applications and upon the request of the
head of the same or any other department or agency, be reinstated
in any position for which the Office finds he is qualified, and
upon reinstatement shall acquire a classified civil-service status:
Provided, (1) that he has been honorably discharged from the
military or naval service, and (2) that he qualifies in such
suitable noncompetitive examination as the Office may prescribe.
Section 7. Executive Order No. 8044 of January 31, 1939, is
hereby revoked so far as it applies to positions covered into the
classified civil service by this order.
EXECUTIVE ORDER NO. 9367                     
Ex. Ord. No. 9367, Aug. 4, 1943, 8 F.R. 11017, which prohibited,
with certain exceptions, instructions of applicants for civil
service and foreign service examinations by officers or employees
of the government, was revoked by Ex. Ord. No. 11408, Apr. 25,
1968, 33 F.R. 6459.
EX. ORD. NO. 10577. CIVIL SERVICE RULES              
Ex. Ord. No. 10577, Nov. 22, 1954, 19 F.R. 7521, eff. Jan. 23,
1955, as amended by Ex. Ord. No. 10675, Aug. 21, 1956, 21 F.R.
6327; Ex. Ord. No. 10745, Dec. 12, 1957, 22 F.R. 10025; Ex. Ord.
No. 12107, Sec. 2-101(a), Dec. 28, 1978, 44 F.R. 1055, amended
generally the Civil Service Rules, provided for transition from the
indefinite appointment system to the career-conditional appointment
system, and revoked Ex. Ord. No. 9830, Feb. 24, 1947, 12 F.R. 1259;
Ex. Ord. No. 9973, June 28, 1948, 13 F.R. 3600; Ex. Ord. No. 10180,
Nov. 13, 1950, 15 F.R. 7745; Ex. Ord. No. 10440, Mar. 31, 1953, 18
F.R. 1823; and Ex. Ord. No. 10463, June 25, 1953, 18 F.R. 3655. The
Civil Service Rules are set out in Parts 1 to 10 of Title 5, Code
of Federal Regulations. The Civil Service Rules were also amended
by the following Executive Orders:
Ex. Ord. No. 10641, Oct. 26, 1955, 20 F.R. 8137, as amended by
Ex. Ord. No. 12107, Sec. 2-101(a), Dec. 28, 1978, 44 F.R. 1055.
Ex. Ord. No. 10869, Mar. 9, 1960, 25 F.R. 2073.
Ex. Ord. No. 11315, Nov. 17, 1966, 31 F.R. 14729, as amended by
Ex. Ord. No. 12107, Sec. 2-101(a), Dec. 28, 1978, 44 F.R. 1055.
Ex. Ord. No. 11839, Feb. 15, 1975, 40 F.R. 7351.
Ex. Ord. No. 11856, May 7, 1975, 40 F.R. 20259.
Ex. Ord. No. 11887, Nov. 4, 1975, 40 F.R. 51411.
Ex. Ord. No. 11935, Sept. 2, 1976, 41 F.R. 37301, as amended by
Ex. Ord. No. 12107, Sec. 2-101(a), Dec. 28, 1978, 44 F.R. 1055.
Ex. Ord. No. 12021, Nov. 30, 1977, 42 F.R. 61237.
Ex. Ord. No. 12043, Mar. 7, 1978, 43 F.R. 9773, as amended by Ex.
Ord. No. 12107, Sec. 2-101(a), Dec. 28, 1978, 44 F.R. 1055.
Ex. Ord. No. 12125, Mar. 15, 1979, 44 F.R. 16879.
Ex. Ord. No. 12148, Sec. 5-212, July 20, 1979, 44 F.R. 43239, set
out in a note under section 5195 of Title 42, The Public Health and
Welfare.
Ex. Ord. No. 12300, Mar. 23, 1981, 46 F.R. 18683, which was
superseded by Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 61519.
Ex. Ord. No. 12748, Sec. 8(a), Feb. 1, 1991, 56 F.R. 4521, set
out as a note under section 5301 of this title.
Ex. Ord. No. 12896, Feb. 3, 1994, 59 F.R. 5515.
Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 61519.
Ex. Ord. No. 13124, Sec. 2(b), June 4, 1999, 64 F.R. 31103.
Ex. Ord. No. 13197, Jan. 18, 2001, 66 F.R. 7853.
EXECUTIVE ORDER NO. 10590                     
Ex. Ord. No. 10590, Jan. 18, 1955, 20 F.R. 409, as amended by Ex.
Ord. No. 10722, Aug. 7, 1957, 22 F.R. 6287; Ex. Ord. No. 10773,
July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23
F.R. 6971, which established the President's Committee on
Government Employment Policy, was superseded by Ex. Ord. No. 11246,
Sept. 24, 1965, 30 F.R. 12319, set out as a note under section
2000e of Title 42, The Public Health and Welfare.
EXECUTIVE ORDER NO. 10880                     
Ex. Ord. No. 10880, June 7, 1960, 25 F.R. 5131, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which provided for
conversion of indefinite or temporary appointments to career or
career-conditional appointments, was revoked by Ex. Ord. No. 12608,
Sept. 9, 1987, 52 F.R. 34617.
EXECUTIVE ORDER NO. 10925                     
Ex. Ord. No. 10925, Mar. 7, 1961, 26 F.R. 1977, as amended by Ex.
Ord. No. 11114, June 24, 1963, 28 F.R. 6485; Ex. Ord. No. 11162,
July 28, 1964, 29 F.R. 10563, which established the President's
Committee on Equal Employment Opportunity, was superseded by Ex.
Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, set out as a note
under section 2000e of Title 42, The Public Health and Welfare.
EXECUTIVE ORDER NO. 11114                     
Ex. Ord. No. 11114, June 24, 1963, 28 F.R. 6485, as amended by
Ex. Ord. No. 11162, July 28, 1964, 29 F.R. 10563, which extended
the authority of the President's Committee on Equal Employment
Opportunity, was superseded by Ex. Ord. No. 11246, Sept. 24, 1965,
30 F.R. 12319, set out as a note under section 2000e of Title 42,
The Public Health and Welfare.
EX. ORD. NO. 11141. DISCRIMINATION ON THE BASIS OF AGE      
Ex. Ord. No. 11141, Feb. 12, 1964, 29 F.R. 2477, provided:
WHEREAS the principle of equal employment opportunity is now an
established policy of our Government and applies equally to all who
wish to work and are capable of doing so; and
WHEREAS discrimination in employment because of age, except upon
the basis of a bona fide occupational qualification, retirement
plan, or statutory requirement, is inconsistent with that principle
and with the social and economic objectives of our society; and
WHEREAS older workers are an indispensable source of productivity
and experience which our Nation can ill afford to lose; and
WHEREAS President Kennedy, mindful that maximum national growth
depends on the utilization of all manpower resources, issued a
memorandum on March 14, 1963, reaffirming the policy of the
Executive Branch of the Government of hiring and promoting
employees on the basis of merit alone and emphasizing the need to
assure that older people are not discriminated against because of
their age and receive fair and full consideration for employment
and advancement in Federal employment; and
WHEREAS, to encourage and hasten the acceptance of the principle
of equal employment opportunity for older persons by all sectors of
the economy, private and public, the Federal Government can and
should provide maximum leadership in this regard by adopting that
principle as an express policy of the Federal Government not only
with respect to Federal employees but also with respect to persons
employed by contractors and subcontractors engaged in the
performance of Federal contracts:
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and statutes of the United States and as President of
the United States, I hereby declare that it is the policy of the
Executive Branch of the Government that (1) contractors and
subcontractors engaged in the performance of Federal contracts
shall not, in connection with the employment, advancement, or
discharge of employees, or in connection with the terms,
conditions, or privileges of their employment, discriminate against
persons because of their age except upon the basis of a bona fide
occupational qualification, retirement plan, or statutory
requirement, and (2) that contractors and subcontractors, or
persons acting on their behalf, shall not specify, in solicitations
or advertisements for employees to work on Government contracts, a
maximum age limit for such employment unless the specified maximum
age limit is based upon a bona fide occupational qualification,
retirement plan, or statutory requirement. The head of each
department and agency shall take appropriate action to enunciate
this policy, and to this end the Federal Procurement Regulations
and the Armed Services Procurement Regulation shall be amended by
the insertion therein of a statement giving continuous notice of
the existence of the policy declared by this order.
Lyndon B. Johnson.
EXECUTIVE ORDER NO. 11162                     
Ex. Ord. No. 11162, July 28, 1964, 29 F.R. 10563, which related
to membership of the President's Committee on Equal Employment
Opportunity, was superseded by Ex. Ord. No. 11246, Sept. 24, 1965,
30 F.R. 12319, set out as a note under section 2000e of Title 42,
The Public Health and Welfare.
EXECUTIVE ORDER NO. 11202                     
Ex. Ord. No. 11202, Mar. 5, 1965, 30 F.R. 3185, which established
career or career-conditional appointments for student trainees, was
revoked by Ex. Ord. No. 11813, Oct. 7, 1974, 39 F.R. 36317,
formerly set out below.
EX. ORD. NO. 11203. CAREER APPOINTMENTS TO CERTAIN QUALIFIED
EMPLOYEES OF TREASURY DEPARTMENT
Ex. Ord No. 11203, Mar. 12, 1965; 30 F.R. 3417, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by Section 2 of the Civil
Service Act (22 Stat. 403) and Section 1753 of the Revised Statutes
of the United States (5 U.S.C. 631) [sections 3301 and 7301 of this
title] and as President of the United States, it is hereby ordered
as follows - 
Section 1. Any employee of the Treasury Department serving under
an appointment under Schedule B of the Civil Service Rules in a
position concerned with the protection of the life and safety of
the President, members of his immediate family, or other persons
for whom similar protective services are provided by law (which
responsibility is hereinafter referred to as the protective
function) may have his appointment converted to a career
appointment if:
(1) he has completed at least three years of full-time continuous
service in a position concerned with the protective function;
(2) The Secretary of the Treasury, or his designee, recommends
the conversion of the employee's appointment within 90 days after
the employee meets the service requirements of this section, or
within 90 days after the date of this Order, whichever is later;
(3) he shall have passed a competitive examination appropriate
for the position he is occupying or meets noncompetitive
examination standards the Office of Personnel Management prescribes
for his position; and
(4) he meets all other requirements prescribed by the Office
pursuant to Section 5 of this Order.
Sec. 2. For the purposes of Section 1 - 
(1) "full-time continuous service" means service without a break
of more than 30 calendar days;
(2) except as provided in paragraph (3) of this section, active
service in the Armed Forces of the United States shall be deemed to
be full-time continuous service in a position concerned with the
protective function if the employee concerned shall have left a
position concerned with the protective function to enter the Armed
Forces and shall have been re-employed in a position concerned with
the protective function within 120 days after he shall have been
discharged from the Armed Forces under honorable conditions; and
(3) active service in the Armed Forces shall not be deemed to be
full-time continuous service in a position concerned with the
protective function if such active service exceeds a total of four
years plus any period of additional service imposed pursuant to
law.
Sec. 3. Any employee who shall have left a position concerned
with the protective function to enter active service in the Armed
Forces of the United States, who is re-employed in such a position
within 120 days after his discharge under honorable conditions from
such service, and who meets the requirements of Section 1 as the
result of being credited with his period of active service in the
Armed Forces pursuant to Section 2(2), may have his appointment
converted if the Secretary of the Treasury or his designee,
recommends that conversion within 90 days after his re-employment.
Sec. 4. Whenever the Secretary of the Treasury, or his designee,
decides not to recommend conversion of the appointment of an
employee under this Order or whenever the Secretary, or his
designee, recommends conversion and the employee fails to qualify,
the employee shall be separated by the date on which his current
Schedule B appointment expires.
Sec. 5. The Office of Personnel Management shall prescribe such
regulations as may be necessary to carry out the purposes of this
Order.
EX. ORD. NO. 11219. APPOINTMENT IN COMPETITIVE SERVICE OF FOREIGN
SERVICE OFFICERS AND EMPLOYEES
Ex. Ord. No. 11219, May 6, 1965, 30 F.R. 6381, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12292,
Feb. 23, 1981, 46 F.R. 13967, provided:
By virtue of the authority vested in me by section 1753 of the
Revised Statutes [sections 3301 and 7301 of this title] and the
Civil Service Act (22 Stat. 403), and as President of the United
States, it is hereby ordered as follows:
Section 1. Under regulations and conditions prescribed by the
Office of Personnel Management, a present or former member of the
Foreign Service may be appointed in the competitive service if he:
(a) Is qualified for the position in the competitive service;
(b) Was appointed in the Foreign Service under authority of the
Foreign Service Act of 1946 as amended [former section 801 et seq.
of Title 22, Foreign Relations and Intercourse], the Foreign
Service Act of 1980 [section 3901 et seq. of Title 22], or
legislation that supplements or replaces the latter Act;
(c) Served in the Foreign Service under an unlimited, career-type
appointment and, immediately before his separation from that
appointment, he completed at least one year of continuous service
under one or more nontemporary appointments in the Foreign Service
which may include the service that made him eligible for his career-
type appointment; and
(d) Is appointed within 3 years after his separation from the
Foreign Service, or he completed at least 3 years of substantially
continuous service under one or more nontemporary appointments in
the Foreign Service immediately before his separation from the
unlimited, career-type appointment in that Service which may
include the service that made him eligible for such appointment, or
he is entitled to preference under section 2 of the Veterans'
Preference Act of 1944, as amended [sections 1302 and 2108 of this
title].
Sec. 2. (a) Except as provided in paragraph (b) of this section,
a person appointed under Section 1 of this Order becomes a career
conditional employee.
(b) A person appointed under Section 1 of this Order becomes a
career employee when he:
(1) Has completed at least 3 years of substantially continuous
service under one or more nontemporary appointments in the Foreign
Service immediately before his separation from the unlimited,
career-type appointment in that Service which may include the
service that made him eligible for such appointment;
(2) Is appointed to a position in the competitive service
required by law or Executive order to be filled on a permanent or
career basis; or
(3) Has completed the service requirement for career tenure in
the competitive service.
For the purpose of subparagraph (3) of this paragraph, service in
the Foreign Service is creditable in meeting the service
requirement only if the person concerned is appointed to a
nontemporary position in the competitive service under Section 1 of
this Order within 30 days after his separation from the Foreign
Service.
Sec. 3. A person appointed to a nontemporary position in the
competitive service under Section 1 of this Order acquires a
competitive status automatically on appointment.
Sec. 4. Any law, Executive order, or regulation that would
disqualify an applicant for appointment in the competitive service
shall also disqualify a person for appointment under Section 1 of
this Order.
Sec. 5. For the purpose of this Order, a person is deemed to be a
member of the "Foreign Service" if he was appointed in any agency
under authority of the Foreign Service Act of 1946, as amended
[former section 801 et seq. of Title 22, Foreign Relations and
Intercourse], the Foreign Service Act of 1980 [section 3901 et seq.
of Title 22], or legislation that supplements or replaces the
latter Act.
EXECUTIVE ORDER NO. 11315                     
Ex. Ord. No. 11315, Nov. 17, 1966, 31 F.R. 14729, as amended by
Ex. Ord. No. 12107, Sec. 2-101(a), Dec. 28, 1978, 44 F.R. 1055,
added Civil Service Rule IX and amended Civil Service Rule VI,
provided for transition to the full establishment of executive
assignments under Rule IX, and delegated responsibility for the
administration of the executive assignment system established by
this Order to the Office of Personnel Management and heads of
agencies affected by Rule IX. Civil Service Rule IX, as established
by this Order, was revoked by Ex. Ord. No. 12748, Sec. 8(a), Feb.
1, 1991, 56 F.R. 4521, set out under section 5301 of this title.
EXECUTIVE ORDER NO. 11598                     
Ex. Ord. No. 11598, June 16, 1971, 36 F.R. 11711, formerly set
out as a note under this section, which related to the listing of
certain job vacancies by federal agencies and government
contractors and subcontractors, was superseded by Ex. Ord. No.
11701, Jan. 24, 1973, 38 F.R. 2675, set out as a note under section
4212 of Title 38, Veterans' Benefits.
EXECUTIVE ORDER NO. 11813                     
Ex. Ord. No. 11813, Oct. 7, 1974, 39 F.R. 36317, which related to
career or career-conditional appointments for cooperative education
students, was revoked by Ex. Ord. No. 12015, Oct. 26, 1977, 42 F.R.
56947, set out below.
EX. ORD. NO. 11955. CAREER OR CAREER-CONDITIONAL APPOINTMENT TO
CERTAIN QUALIFIED EMPLOYEES OF NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
Ex. Ord. No. 11955, Jan. 10, 1977, 42 F.R. 2499, as amended by
Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by section 3301 of title
5 of the United States Code [this section], and as President of the
United States of America, it is hereby ordered as follows:
Section 1. The appointment of a Command Pilot, Pilot or Mission
Specialist candidate to a position in the Space Shuttle Astronaut
Program of the National Aeronautics and Space Administration, which
is listed under Schedule B of the Schedule of Excepted Positions,
may be converted to career or career-conditional appointment if:
(a) the candidate has successfully completed two years of service
as a candidate in an appropriate training program;
(b) the Administrator of the National Aeronautics and Space
Administration, or the Administrator's designee, recommends the
conversion of the candidate's appointment within ninety days of
completion of the requirements of section 1(a);
(c) the candidate meets noncompetitive examination standards
prescribed by the Office of Personnel Management; and
(d) the candidate meets all other requirements prescribed by the
Office of Personnel Management pursuant to section 3 of this order.
Sec. 2. Whenever the Administrator of the National Aeronautics
and Space Administration, or the Administrator's designee, decides
not to recommend conversion of an appointment under this order or
whenever the Administrator, or the Administrator's designee,
recommends conversion and the candidate fails to qualify, the
candidate shall be separated not later than the date of expiration
of the current Schedule B appointment, unless the appointment can
be converted through appropriate competitive examination or the
candidate can be assigned to a suitable position under another
excepted authority prior to the expiration date.
Sec. 3. The Office of Personnel Management shall prescribe such
regulations as may be necessary to carry out the purpose of this
order.
EXECUTIVE ORDER NO. 12008                     
Ex. Ord. No. 12008, Aug. 25, 1977, 42 F.R. 43373, as amended by
Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which established
a Presidential Management Intern Program, was revoked by Ex. Ord.
No. 12364, May 24, 1982, 47 F.R. 22931, formerly set out below.
EX. ORD. NO. 12015. CAREER OR CAREER-CONDITIONAL APPOINTMENTS IN
COMPETITIVE SERVICE FOR STUDENTS COMPLETING APPROVED CAREER-RELATED
WORK-STUDY PROGRAMS
Ex. Ord. No. 12015, Oct. 26, 1977, 42 F.R. 56947, as amended by
Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No.
13024, Nov. 7, 1996, 61 F.R. 58125, provided:
By virtue of the authority vested in me by Sections 3301 and 3302
of Title 5 of the United States Code, and as President of the
United States of America, it is hereby ordered as follows:
Section 1. As used in this order "career-related work-study
programs" are those programs established by the Office of Personnel
Management which provide for a formally-arranged schedule of
periods of attendance at an accredited school combined with periods
of career-related work in a Federal agency under a Schedule B
appointment.
Sec. 2. The appointment of a student to a position in a career-
related work-study program may be converted noncompetitively to a
term, career, or career-conditional appointment if the student:
(a) has completed within the preceding 120 days an educational
program that meets the provisions established by the Office of
Personnel Management;
(b) has satisfied all course requirements leading to completion
of the related curriculum at an accredited school;
(c) is recommended for such an appointment by the employing
agency in which the career-related work was performed; and,
(d) satisfies such other requirements and conditions as the
Office of Personnel Management may prescribe for term, career, or
career-conditional appointment of an individual in career-related
work-study programs.
Sec. 3. The Office of Personnel Management shall prescribe such
regulations as it deems necessary to carry out the provisions of
this order and to provide for the continuation of planning,
implementation and evaluation of employment programs for students
throughout the Government. These regulations shall provide for the
periodic evaluation of the work of each student and require that
each student's continuation in the program shall be dependent upon
a finding of satisfactory performance.
Sec. 4. Students converted to term appointment under section 2
may subsequently be converted noncompetitively to a career or
career-conditional appointment before the term appointment expires.
Sec. 5. Executive Order No. 11813 of October 7, 1974, is hereby
revoked.
EXECUTIVE ORDER NO. 12026                     
For provisions relating to eligibility for reinstatement in the
competitive civil service of certain employees of the Energy
Department, see Ex. Ord. No. 12026, Dec. 5, 1977, 42 F.R. 61849,
set out as a note under section 7292 of Title 42, The Public Health
and Welfare.
EXECUTIVE ORDER NO. 12257                     
Ex. Ord. No. 12257, Dec. 18, 1980, 45 F.R. 84005, which provided
for noncompetitive conversion of participants in the Comprehensive
Employment and Training Act program to career or career-conditional
Civil Service status, was revoked by Ex. Ord. No. 12553, Feb. 25,
1986, 51 F.R. 7237.
EXECUTIVE ORDER NO. 12362                     
Ex. Ord. No. 12362, May 12, 1982, 47 F.R. 21231, as amended by
Ex. Ord. No. 12585, Mar. 3, 1987, 52 F.R. 6773, which related to
appointment to competitive status of certain overseas employees
upon return to the United States, was revoked by Ex. Ord. No.
12721, July 30, 1990, 55 F.R. 31349, set out below.
EXECUTIVE ORDER NO. 12364                     
Ex. Ord. No. 12364, May 24, 1982, 47 F.R. 22931, as amended by
Ex. Ord. No. 12645, July 12, 1988, 53 F.R. 26750, which related to
the Presidential Management Intern Program, was superseded by Ex.
Ord. No. 13318, Nov. 21, 2003, 68 F.R. 66317, set out below.
EX. ORD. NO. 12505. CAREER APPOINTMENTS TO CERTAIN OFFICE OF
MANAGEMENT AND BUDGET EMPLOYEES
Ex. Ord. No. 12505, Feb. 12, 1985, 50 F.R. 6151, provided:
By the authority vested in me as President by the laws of the
United States of America, including Section 3301 and 3302 of Title
5, and Section 521 of Title 31 of the United States Code, it is
hereby ordered as follows:
Section 1. No later than April 1, 1985, any employee of the
Office of Management and Budget serving under an appointment under
Schedule A in a position not limited to one year or less, concerned
with implementation of the President's paperwork reduction and
regulatory review and planning programs, may have his or her
appointment converted to a career or career-conditional appointment
if the Director of the Office of Management and Budget determines
that:
(a) The employee has completed at least one year of full-time
continuous service in a position concerned with the paperwork
reduction and regulatory program;
(b) There is a continuing need for the position filled by the
employee;
(c) The employee's past performance has been satisfactory and the
employee possesses the qualifications necessary to continue in the
position; and
(d) The employee meets the citizenship requirements and
qualification standards appropriate for the position.
Sec. 2. If the Director determines not to convert an employee's
appointment to career or career-conditional status under the
preceding Section, the employee shall be separated not later than
the date of expiration of the current appointment.
Sec. 3. Employees whose appointments are converted under this
Order shall become career-conditional employees, or career
employees if they have completed the service requirements for
career tenure, and all converted employees shall acquire a
competitive status.
Ronald Reagan.
EXECUTIVE ORDER NO. 12596                     
Ex. Ord. No. 12596, May 7, 1987, 52 F.R. 17537, which provided
for noncompetitive conversion to career status of certain employees
in professional and administrative career positions, was revoked by
Ex. Ord. No. 13162, July 6, 2000, 65 F.R. 43212, set out as a note
below.
EX. ORD. NO. 12685. NONCOMPETITIVE CONVERSION OF PERSONAL
ASSISTANTS TO EMPLOYEES WITH DISABILITIES
Ex. Ord. No. 12685, July 28, 1989, 54 F.R. 31796, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including sections 3301
and 3302 of title 5, United States Code, it is hereby ordered as
follows:
Section 1. Upon recommendation by the employing agency, and
subject to qualifications and other requirements prescribed by the
Office of Personnel Management, an employee in a position in the
excepted service under 5 C.F.R. 213.3102(11) as a reader,
interpreter, or personal assistant for a handicapped employee,
whose employment in such position is no longer necessary and who
has completed at least 1 year of satisfactory service in such
position under a non-temporary appointment, may be converted
noncompetitively to a career or career-conditional appointment.
Sec. 2. This order shall be effective upon publication in the
Federal Register.
George Bush.
EX. ORD. NO. 12718. PRESIDENT'S ADVISORY COMMISSION ON THE PUBLIC
SERVICE
Ex. Ord. No. 12718, June 29, 1990, 55 F.R. 27451, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the Federal
Advisory Committee Act, as amended (5 U.S.C. App.), and in order to
provide a continuing source of advice on the public service from
outstanding leaders in various walks of private life, it is hereby
ordered as follows:
Section 1. Establishment. The President's Advisory Commission on
the Public Service ("Commission") is hereby established. The
Commission shall be comprised of 13 members to be appointed by the
President from among leading citizens in private life. The members
shall be appointed for 2-year terms, except that initial
appointments shall include six members appointed to serve 1-year
terms. Any vacancy in the Commission shall be filled by an
appointment for the remainder of the term for which the original
appointment was made, and a member whose term has expired may serve
until his or her successor has been appointed. The President shall
designate one of the members of the Commission to serve as
Chairperson.
Sec. 2. Functions. (a) The Commission shall meet from time to
time at the request of the Chairperson and shall consider ways to
enhance the public service in American life, including:
(1) improving the efficiency and attractiveness of the Federal
civil service;
(2) increasing the interest among American students in pursuing
careers in the public service; and
(3) strengthening the image of the public service in American
life.
(b) The Commission shall submit a report on its activities to the
Director of the Office of Personnel Management and the President
each year.
Sec. 3. Administrative Provisions. (a) The members of the
Commission shall serve without compensation, but may receive travel
expenses, including per diem in lieu of subsistence, in accordance
with sections 5702 and 5703 of title 5, United States Code.
(b) All executive agencies are directed, to the extent permitted
by law, to provide such information, advice, and assistance to the
Commission as the Commission may request.
(c) The Director of the Office of Personnel Management shall, to
the extent permitted by law and subject to the availability of
funds, provide the Commission with administrative services, staff
support, and necessary expenses.
Sec. 4. General. Notwithstanding any other Executive order, the
functions of the President under the Federal Advisory Committee
Act, as amended [5 U.S.C. App.], except that of reporting to the
Congress, which are applicable to the Commission, shall be
performed by the Office of Personnel Management in accordance with
the guidelines and procedures established by the Administrator of
General Services.
George Bush.
EX. ORD. NO. 12721. ELIGIBILITY OF OVERSEAS EMPLOYEES FOR
NONCOMPETITIVE APPOINTMENTS
Ex. Ord. No. 12721, July 30, 1990, 55 F.R. 31349, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including sections 3301
and 3302 of title 5 and section 301 of title 3 of the United States
Code, and in order to permit certain overseas employees to acquire
competitive status upon returning to the United States, it is
hereby ordered as follows:
Section 1. A United States citizen who is a family member of a
Federal civilian employee, of a nonappropriated fund employee, or
of a member of a uniformed service and who meets the qualifications
and other requirements established by the Director of the Office of
Personnel Management, including an appropriate period of
satisfactory service under one or more overseas appointments in the
excepted or competitive civil service, may be appointed
noncompetitively to a competitive service position in the executive
branch within the United States (including Guam, Puerto Rico, and
the Virgin Islands). The employing agency in the United States may
waive a requirement for a written test for an individual appointed
under this order if the agency determines that the duties and
responsibilities of the position occupied overseas were similar
enough to those of the position to which the individual is being
appointed under this order to make the written test unnecessary.
Sec. 2. The Director of the Office of Personnel Management shall
prescribe such regulations as may be necessary to implement this
order.
Sec. 3. To the extent there is any conflict between this order
and Civil Service Rule 8.2 (5 CFR 8.2), the provisions of this
order shall control.
Sec. 4. (a) Executive Order No. 12362 of May 12, 1982, as
amended, and Executive Order No. 12585 of March 3, 1987, are
revoked.
(b) Existing regulations prescribed by the Director of the Office
of Personnel Management under Executive Order No. 12362, as
amended, shall continue in effect until modified or superseded by
the Director of the Office of Personnel Management.
Sec. 5. This order shall be effective upon publication in the
Federal Register.
George Bush.
EX. ORD. NO. 13124. AMENDING THE CIVIL SERVICE RULES RELATING TO
FEDERAL EMPLOYEES WITH PSYCHIATRIC DISABILITIES
Ex. Ord. No. 13124, June 4, 1999, 64 F.R. 31103, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including sections
3301 and 3302 of title 5, United States Code, and in order to give
individuals with psychiatric disabilities the same hiring
opportunities as persons with severe physical disabilities or
mental retardation under the Civil Service Rules, and to permit
individuals with psychiatric disabilities to obtain Civil Service
competitive status, it is hereby ordered as follows:
Section 1. Policy.
(a) It is the policy of the United States to assure equality of
opportunity, full participation, independent living, and economic
self-sufficiency for persons with disabilities. The Federal
Government as an employer should serve as a model for the
employment of persons with disabilities and utilize the full
potential of these talented citizens.
(b) The Civil Service Rules governing appointment of persons with
psychiatric disabilities were adopted years ago when attitudes
about mental illness were different than they are today, which led
to stricter standards for hiring persons with psychiatric
disabilities than for persons with mental retardation or severe
physical disabilities. The Civil Service Rules provide that persons
with mental retardation, severe physical disabilities, or
psychiatric disabilities may be hired under excepted appointing
authorities. While persons with mental retardation or severe
physical disabilities may be appointed for more than 2 years and
may convert to competitive status after completion of 2 years of
satisfactory service in their excepted position, people with
psychiatric disabilities may not.
(c) The Office of Personnel Management (OPM) and the President's
Task Force on Employment of Adults with Disabilities believe that
the Federal Government could better benefit from the contributions
of persons with psychiatric disabilities if they were given the
same opportunities available to people with mental retardation or
severe physical disabilities.
Sec. 2. Implementation.
(a) The Director of the Office of Personnel Management shall,
consistent with OPM authority, provide that persons with
psychiatric disabilities are subject to the same hiring rules as
persons with mental retardation or severe physical disabilities.
(b) [Amended Civil Service Rule III.]
Sec. 3. The Director of the Office of Personnel Management shall
prescribe such regulations as may be necessary to implement this
order.
William J. Clinton.
EX. ORD. NO. 13162. FEDERAL CAREER INTERN PROGRAM         
Ex. Ord. No. 13162, July 6, 2000, 65 F.R. 43211, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including sections
3301 and 3302 of title 5, United States Code, and in order to
provide for the recruitment and selection of exceptional employees
for careers in the public sector, it is hereby ordered as follows:
Section 1. There is hereby constituted the Federal Career Intern
Program (Program). The purpose of the Program is to attract
exceptional men and women to the Federal workforce who have diverse
professional experiences, academic training, and competencies, and
to prepare them for careers in analyzing and implementing public
programs. "Career Intern" is a generic term, and agencies may use
occupational titles as appropriate.
Sec. 2. The Program is another step in the Administration's
effort to recruit the highest caliber people to the Federal
Government, develop their professional abilities, and retain them
in Federal departments and agencies. Cabinet secretaries and agency
administrators should view the Program as complementary to existing
programs that provide career enhancement opportunities for Federal
employees, and departments and agencies are encouraged to identify
and make use of those programs, as well as the new Program, to meet
department and agency needs.
Sec. 3. (a) The Office of Personnel Management (OPM) shall
develop appropriate merit-based procedures for the recruitment,
screening, placement, and continuing career development of Career
Interns.
(b) In developing those procedures, the OPM shall provide for
such actions as deemed appropriate to assure equal employment
opportunity and the application of appropriate veterans' preference
criteria.
Sec. 4. (a) A successful candidate shall be appointed to a
position in Schedule B of the excepted service at the GS-5, 7, or 9
(and equivalent) or other trainee level appropriate for the
Program, unless otherwise approved by the OPM. The appointment
shall not exceed 2 years unless extended by the Federal department
or agency, with the concurrence of the OPM, for up to 1 additional
year.
(b) Tenure for a Career Intern shall be governed by the following
principles and policies:
(1) Assigned responsibilities shall be consistent with a Career
Intern's competencies and career interests, and the purposes of
the Program.
(2) Continuation in the Program shall be contingent upon
satisfactory performance by the Career Intern throughout the
internship period.
(3) Except as provided in subsections (4) and (5) of this
section, service as a Career Intern confers no rights to further
Federal employment in either the competitive or excepted service
upon the expiration of the internship period.
(4) Competitive civil service status may be granted to a Career
Intern who satisfactorily completes the internship and meets all
other requirements prescribed by the OPM.
(5) Within an agency, an employee who formerly held a career or
career-conditional appointment immediately before entering the
Career Intern Program, and who fails to complete the Career
Intern Program for reasons unrelated to misconduct or
suitability, shall be placed in a career or career-conditional
position in the current agency at no lower grade or pay than the
one the employee left to accept the position in the Career Intern
Program.
Sec. 5. A Career Intern shall participate in a formal program of
training and job assignments to develop competencies that the OPM
identifies as core to the Program, and the employing agency
identifies as appropriate to the agency's mission and needs.
Sec. 6. The OPM shall prescribe such regulations as it determines
necessary to carry out the purpose of this order.
Sec. 7. The OPM shall provide oversight of the Program.
Sec. 8. Executive Order 12596 of May 7, 1987, is revoked.
Sec. 9. Judicial Review. This order is intended only to improve
the internal management of the executive branch. It does not create
any right or benefit, substantive or procedural, enforceable in law
or equity, by a party against the United States, its agencies, its
officers or employees, or any other person.
William J. Clinton.
EX. ORD. NO. 13318. PRESIDENTIAL MANAGEMENT FELLOWS PROGRAM    
Ex. Ord. No. 13318, Nov. 21, 2003, 68 F.R. 66317, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including sections
3301 and 3302 of title 5, United States Code, and in order to
provide for the recruitment and selection of outstanding employees
for service in public sector management, it is hereby ordered as
follows:
Section 1. There is hereby constituted the Presidential
Management Fellows Program. The purpose of the Program is to
attract to the Federal service outstanding men and women from a
variety of academic disciplines and career paths who have a clear
interest in, and commitment to, excellence in the leadership and
management of public policies and programs. Individuals selected
for the Program shall be known as Presidential Management Fellows
(PMFs) or Senior Presidential Management Fellows (Senior PMFs).
Sec. 2. (a) Individuals eligible for appointment as a PMF under
this order are those who, in pursuing a course of study at the
graduate level, have demonstrated both exceptional ability and the
commitment to which section 1 refers. Such individuals at the time
of application must have received, or must expect to receive soon
thereafter, an appropriate advanced degree as defined by the
Director of the Office of Personnel Management (OPM).
(b) Individuals eligible for appointment as a Senior PMF under
this order are those who have, through extensive work experience,
demonstrated both exceptional leadership or analytical ability and
the commitment to which section 1 refers.
Sec. 3. The Director of OPM shall prescribe appropriate merit-
based rules for the recruitment, nomination, assessment,
selection, appointment, placement, and continuing career
development of fellows, including rules that:
(a) reserve to the head of a department or agency or component
within the Executive Office of the President (EOP) the authority to
appoint a fellow who is to be employed in that department, agency,
or component;
(b) provide for nomination by universities and colleges, through
competitive selection processes, of eligible individuals for
consideration for appointment as PMFs;
(c) carry out the policy of the United States to ensure equal
employment opportunities for employees without discrimination
because of race, color, religion, sex, or national origin; and
(d) ensure the application of appropriate veterans' preference
criteria.
Sec. 4. (a) Fellows shall be appointed to positions in either:
(1) Schedule A of the excepted service; or
(2) an agency or component within the EOP excepted from the
competitive service.
(b) Appointments under subsection (a) shall not exceed 2 years in
duration unless extended by the head of the department or agency or
component within the EOP, with the concurrence of the Director of
OPM, for a period not to exceed 1 additional year.
(c) The following principles and policies shall govern service
and tenure by fellows:
(1) responsibilities assigned to a PMF shall be consistent with
the PMF's educational background and career interests, and the
purposes of the Program; and responsibilities assigned to a Senior
PMF shall be consistent with the Senior PMF's experience and career
interests, and the purposes of the Program;
(2) continuation of a fellow's appointment shall be contingent
upon satisfactory performance by the fellow throughout the
fellowship appointment;
(3) except as provided in paragraph (4) of this subsection,
service as a fellow shall confer no right to further Federal
employment in either the competitive or excepted service upon the
expiration of the fellow's appointment; and
(4) competitive civil service status may be granted to a fellow
who satisfactorily completes the Program and meets such other
requirements as the Director of OPM may prescribe. A fellow
appointed by an agency excepted from the competitive service may
also be appointed to a permanent position in an excepted service
agency without further competition.
Sec. 5. The Director of OPM shall provide for an orderly
transition, including with respect to nominations, selection
processes, and appointments, from the Presidential Management
Intern Program established by Executive Order 12364 [formerly set
out above] of May 24, 1982, to the Presidential Management Fellows
Program established by this order. Until that transition is
provided for, individuals who were selected or appointed under the
provisions of Executive Order 12364 and who have not completed
their scheduled periods of excepted service are hereby redesignated
as Presidential Management Fellows, and continue their internships
under the terms of Executive Order 12364.
Sec. 6. The Director of OPM shall prescribe such regulations as
may be necessary to carry out the purposes of this order.
Sec. 7. Executive Order 12364 [formerly set out above] is
superseded, except as provided in section 5 of this order.
Sec. 8. This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or
in equity by any party against the United States, its departments,
agencies, instrumentalities or entities, its officers or employees,
or any other person.
George W. Bush.