SUBCHAPTER I-EXAMINATION, CERTIFICATION, AND APPOINTMENT 3301. Civil service; generally The President may (1) prescribe such regulations for the admission of individuals into the civil service in the executive branch as will best promote the efficiency of that service; (2) ascertain the fitness of applicants as to age, health, character, knowledge, and ability for the employment sought; and (3) appoint and prescribe the duties of individuals to make inquiries for the purpose of this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 417.) § 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 (a), 3321, 7202, 7203, 7321, and 7322 of this title. Each officer and individual employed in an agency to which the rules Apply shall aid in carrying out the rules. (Pub. L. 89-554, Sept. 6, 1966, 30 Stat. 417; amended Pub. L. 95-228, Feb. 10, 1978, 92 Stat. 25; Pub. 2.95-454, Oct. 13, 1978, 92 Stat. 1217; Pub. L. 96–54, Aug. 14, 1979, 3 Stat. 382.) 3303. Competitive service; recommendations of Senators or Representatives An individual concerned in examining an applicant for or appointng him in the competitive service may not receive or consider a ecommendation 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.) 3304. Competitive service; examinations (a) The President may prescribe rules which shall provide, as early as conditions of good administration warrant, for (1) open, competitive examinations for testing applicants for appointment in the competitive 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; and (2) noncompetitive examinations when competent applicants do not compete after notice has been given of the existence of the vacancy. (b) An individual may be appointed in the competitive service on if he has passed an examination or is specifically excepted from e amination under section 3302 of this title. This subsection does no take from the President any authority conferred by section 3301 of the title that is consistent with the provisions of this title governing the competitive service. (c) Notwithstanding a contrary provision of this title or of the i rules and regulations prescribed under this title for the administratie | of the competitive service, an individual who served (1) for at least 3 years in the legislative branch in a position in which he was paid by the Secretary of the Senate or the Clerk the House of Representatives; or (2) for at least 4 years as a secretary or law clerk, or both to justice or judge of the United States; acquires a competitive status for transfer to the competitive servic if he is involuntarily separated without prejudice from the legislative or judicial branch, passes a suitable noncompetitive examination, and transfers to the competitive service within 1 year of the separatio from the legislative or judicial branch. For the purpose of this subse tion, an individual who has served for at least 2 years in a position i the legislative branch described by paragraph (1) of this subsectic and who is separated from that position to enter the armed forces deemed to have held that position during his service in the arme forces. (d) Employees at any place outside the District of Columbia where the President or the Office of Personnel Management directs the examinations be held shall allow the reasonable use of public building: for, and in all proper ways facilitate, holding the examinations. (P) L. 89-554, Sept. 6, 1966, 80 Stat. 418; amended Pub. L. 95-454, Oct. lå 1978, 92 Stat. 1225.) § 3304a. Competitive service; career appointment after 3 years temporary service (a) An individual serving in a position in the competitive service under an indefinite appointment or a temporary appointment pendin: establishment of a register (other than an individual serving under overseas limited appointment or in GS-16, GS-17, or GS-18) acquire i competitive status and is entitled to have his appointment converte to a career appointment, without condition, when (1) he completes, without break in service of more than 30 days a total of at least 3 years of service in such a position: (3) the appointing authority (A) recommends to the Office of Personnel Management that the appointment of the individual; converted to a career appointment and (B) certifies to the Office that the work performance of the individual for the past 12 months has been satisfactory; and (4) he meets Office qualification requirements for the position and is otherwise eligible for career appointment. (b) The employing agency shall terminate the appointment of an individual serving in a position in the competitive service under a indefinite or temporary appointment described in subsection (a) o 3 section, not later than 90 days after he has completed the 3-year iod referred to in subsection (a) (1) of this section, if, prior to the se of such 90-day period, such individual has not met the requirents and conditions of subparagraphs (2) to (4), inclusive, of subtion (a) of this section. (c) In computing years of service under subsection (a) (1) of this tion for an individual who leaves a position in the competitive vice to enter the armed forces and is reemployed in such a position thin 120 days after separation under honorable conditions, the period m the date he leaves his position to the date he is reemployed is luded. (d) The Office of Personnel Management may prescribe regulations cessary for the administration of this section. (Added Pub. L. 905, § 1(a), Oct. 11, 1967, 81 Stat. 273, amended Pub. L. 91-375, § 6(c) ), Aug. 12, 1970, 84 Stat. 776; amended Pub. L. 95-454, Oct. 13, 78, 92 Stat. 1224.) 305. Competitive service; examinations; when held (a) The Office of Personnel Management shall hold examinations for e competitive service at least twice a year in each State and territory possession of the United States where there are individuals to be amined. (b) The Office shall hold an examination for a position to which an pointment has been made within the preceding 3 years, on the apication of an individual who qualifies as a preference eligible under ction 2108(3) (C)-(G) of this title. The examination shall be held ring the quarter following the application. (Pub. L. 89-554, Sept. 1966, 80 Stat. 418, amended Pub. L. 90-83, § 1(8), Sept. 11, 1967, 81 at. 197; Pub. L. 96–54, Aug. 14, 1979, 93 Stat. 382.) 3306. Repealed. Pub. L. 95-228, Feb. 10, 1978, 92 Stat. 25 3307. Competitive service; maximum-age entrance requirements; exceptions (a) Except as provided in subsections (b), (c), and (d) of this ction, appropriated funds may not be used to pay an employee who stablishes a maximum-age requirement for entrance into the competive service. (b) The Secretary may, with the concurrence of such agent as the resident may designate, determine and fix the maximum limit of age ithin which an original appointment to a position as an air traffic conoller may be made. (c) The Secretary of the Interior may determine and fix the minium and maximum limits of age within which original appointments o the United States Park Police may be made. (d) The head of any agency may, with the concurrence of such gent as the President may designate, determine and fix the minium and maximum limits of age within which an original appointent may be made to a position as a law enforcement officer or fireghter, as defined by section 8331 (20) and (21), respectively, of this itle. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 419, amended Pub. L. 2-297, § 2(a), May 16, 1972, 86 Stat. 141; Pub. L. 93-350, § 1, July 12, 974, 88 Stat. 355; Pub. L. 96-347, Sept. 12, 1980, 94 Stat. 1150.) § 3308. Competitive service; examinations; educational requ ments prohibited; exceptions The Office of Personnel Management or other examining a may not prescribe a minimum educational requirement for an ex nation for the competitive service except when the Office decides t the duties of a scientific, technical, or professional position can be performed by an individual who does not have a prescribed mir mum education. The Office shall make the reasons for its decis under this section a part of its public records. (Pub. L. 89-554, Sep 1966, 80 Stat. 419; amended Pub. L. 95-454, Oct. 13, 1978, 92 1224.) § 3309. Preference eligibles; examinations; additional points fr A preference eligible who receives a passing grade in an examinat for entrance into the competitive service is entitled to additional p above his earned rating, as follows (1) a preference eligible under section 2108(3) (C)-(G) this title 10 points; and (2) a preference eligible under section 2108 (3) (A) of t title-5 points. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 419, amended Pub. L. 9j § 1(8), Sept. 11, 1967, 81 Stat. 197.) · § 3310. Preference eligibles; examinations; guards, elevator ope ators, messengers, and custodians In examinations for positions of guards, elevator operators, r sengers, and custodians in the competitive service, competition is stricted to preference eligibles as long as preference eligibles are av able. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420.) § 3311. Preference eligibles; examinations; crediting experience In examinations for the competitive service in which experience an element of qualification, a preference eligible is entitled to credit(1) for service in the armed forces when his employment a similar vocation to that for which examined was interrup by the service; and (2) for all experience material to the position for which amined, including experience gained in religious, civic, welfa service, and organizational activities, regardless of whether i received pay therefor. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420.) § 3312. Preference eligibles; physical qualifications; waiver (a) In determining qualifications of a preference eligible for ex amination for, appointment in, or reinstatement in the competit service, the Office of Personnel Management or other examining agen shall waive (1) requirements as to age, height, and weight, unless there quirement is essential to the performance of the duties of t position; and (2) physical requirements if, in the opinion of the Office other examining agency, after considering the recommendat of an accredited physician, the preference eligible is physical able to perform efficiently the duties of the position. 11 d a (b) If an examining agency determines that, on the basis of evince before it, a preference eligible under section 2108 (3) (C) of this le who has a compensable service-connected disability of 30 percent more is not able to fulfill the physical requirements of the position, e examining agency shall notify the Office of the determination and, the same time, the examining agency shall notify the preference elible of the reasons for the determination and of the right to respond, ithin 15 days of the date of the notification, to the Office. The Office all require a demonstration by the appointing authority that the tification was timely sent to the preference eligible's last known Adress and shall, before the selection of any other person for the posion, make a final determination on the physical ability of the preferace eligible to perform the duties of the position, taking into account y additional information provided in any such response. When the ffice has completed its review of the proposed disqualification on the sis of physical disability, it shall send its findings to the appointing uthority and the preference eligible. The appointing authority shall omply with the findings of the Office. The functions of the Office nder this subsection may not be delegated. (Pub. L. 89-554, Sept. 6, 966, 80 Stat. 420; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 48 and 1224.) 3313. Competitive service; registers of eligibles The names of applicants who have qualified in examinations for the ompetitive service shall be entered on appropriate registers or lists eligibles in the following order (1) for scientific and professional positions in GS-9 or higher, in 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 compensable serviceconnected disability of 10 percent or more, in order of their ratings, including 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. e names of preference eligibles shall be entered ahead of others ving the same rating. (Pub. L. 89-554, Sept. 6, 1966; 80 Stat. 420.) 314. Registers; preference eligibles who resigned A preference eligible who resigns, on request to the Office of Person1 Management, is entitled to have his name placed again on all regers for which he may have been qualified, in the order named by tion 3313 of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420; ended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) 315. Registers; preference eligibles furloughed or separated (a) A preference eligible who has been separated or furloughed thout deliquency or misconduct, on request, is entitled to have his me placed on appropriate registers and employment lists for every sition for which his qualifications have been established, in the ler named by section 3313 of this title. This subsection applies to isters and employment lists maintained by the Office of Personnel |