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§ 3108. Employment of detective agencies; restrictions

An individual employed by the Pinkerton Detective Agency, or similar organization, may not be employed by the Government of the United States or the government of the District of Columbia. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 416.)

§ 3109. Employment of experts and consultants; temporary or intermittent

(a) For the purpose of this section

(1) "agency" has the meaning given it by section 5721 of this title; and

(2) "appropriation" includes funds made available by statute under section 849 of title 31.

(b) When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to

(1) the provisions of this title governing appointment in the competitive service;

(2) chapter 51 and subchapter III of chapter 53 of this title; and

(3) section 5 of title 41, except in the case of stenographic reporting services by an organization.

However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section. in excess of the daily equivalent of the highest rate payable under section 5332 of this title only when specifically authorized by the appropriation or other statute authorizing the procurement of the services. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 416.)

§ 3110. Employment of relatives; restrictions

(a) For the purpose of this section—

(1) "agency" means

(A) an Executive agency;

(B) an office, agency, or other establishment in the legislative branch;

(C) an office, agency, or other establishment in the judicial branch; and

(D) the government of the District of Columbia;

(2) "public official" means an officer (including the President and a Member of Congress), a member of the uniformed service, an employee and any other individual, in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement, in connection with employment in an agency; and

(3) "relative" means, with respect to a public official, an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece,

husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

(b) A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a civilian position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual.

(c) An individual appointed, employed, promoted, or advanced in violation of this section is not entitled to pay, and money may not be paid from the Treasury as pay to an individual so appointed, employed, promoted, or advanced.

(d) The Civil Service Commission may prescribe regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this section.

(e) This section shall not be construed to prohibit the appointment of an individual who is a preference eligible in any case in which the passing over of that individual on a certificate of eligibles furnished under section 3317(a) of this title will result in the selection for appointment of an individual who is not a preference eligible. (Added Pub. L. 90-206, title II, § 221 (a), Dec. 16, 1967, 81 Stat. 640.)

CHAPTER 33-EXAMINATION, SELECTION, AND

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3303. Competitive service; recommendations of Senators or Representatives. 3304. Competitive service; examinations.

3304a. Competitive service; career appointment after 3 years' temporary service. 3305.

Competitive service; examinations; when held.

3306. Competitive service; departmental service; apportionment.

3307. Competitive service; maximum-age requirement; restriction on use of

appropriated funds.

3308. Competitive service; examinations; educational requirements prohibited; exceptions.

3309. Preference eligibles; examinations; additional points for.

3310.

3311.

Preference eligibles; examinations; guards, elevator operators, messengers, and custodians.

Preference eligibles; examinations; crediting experience.

3312. Preference eligibles; physical qualifications; waiver.

3313.

Competitive service; registers of eligibles.

3314. Registers; preference eligibles who resigned.

SEC.

3315. Registers; preference eligibles furloughed or separated.

3315a. Registers; individuals receiving compensation for work injuries. 3316. Preference eligibles; reinstatement.

3317.

Competitive service; certification from registers. 3318. Competitive service; selection from certificates.

3319. Competitive service; selection; members of family restriction.

3320. 3321.

Excepted service; government of the District of Columbia; selection.
Competitive service; probation; period of.

3322. Competitive service; temporary appointments after age 70.

3323. Automatic separations; reappointment; reemployment of annuitants. 3324. Appointments at GS-16, 17, and 18.

3325.

Appointments to scientific and professional positions.

3326. Appointments of retired members of the armed forces to positions in the Department of Defense.

3327. Postmasters; standards for determination of qualifications.

SUBCHAPTER II-OATH OF OFFICE

3331. Oath of office.

3332.

Officer affidavit; no consideration paid for appointment.

3333. Employee affidavit; loyalty and striking against the Government.

SUBCHAPTER III-DETAILS

3341. Details; within Executive or military departments.

3342. [Repealed.]

3343. Details; to international organizations.

3344. Details; hearing examiners.

3345. Details; to office of head of Executive or military department. 3346. Details; to subordinate offices.

3347. Details; Presidential authority.

3348. Details; limited in time.

3349. Details; to fill vacancies; restrictions.

SUBCHAPTER IV-TRANSFERS

3351. Preference eligibles; transfer; physical qualifications; waiver.

SUBCHAPTER V-PROMOTION

3361. Promotion; competitive service; examination.

3362. Promotion; effect of incentive award.

3363. Preference eligibles; promotion; physical qualifications; waiver. 3364. Promotion; substitute employees in the postal field service.

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), 3306 (a) (1), 3321, 7152, 7153, 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, 80 Stat. 417.)

§3303. Competitive service; recommendations of Senators or Representatives

An individual concerned in examining an applicant for or appointing him in the competitive service may not receive or consider a recommendation 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 nearly 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 only if he has passed an examination or is specifically excepted from examination under section 3302 of this title. This subsection does not take from the President any authority conferred by section 3301 of this 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 rules and regulations prescribed under this title for the administration 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 of the House of Representatives; or

(2) for at least 4 years as a secretary or law clerk, or both to a justice or judge of the United States; acquires a competitive status for transfer to the competitive service 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 separation from the legislative or judicial branch. For the purpose of this subsection, an individual who has served for at least 2 years in a position

in the legislative branch described by paragraph (1) of this subsection and who is separated from that position to enter the armed forces is deemed to have held that position during his service in the armed forces.

(d) Employees at any place outside the District of Columbia where the President or a Civil Service Commission board of examiners directs that examinations be held shall allow the reasonable use of public buildings for, and in all proper ways facilitate, holding the examinations. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 418.)

§ 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 pending establishment of a register (other than an individual serving under an overseas limited appointment, in the postal field service, or in GS16, GS-17, or GS-18) acquires competitive status and is entitled to have his appointment converted 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; (2) he passes a suitable noncompetitive examination;

(3) the appointing authority (A) recommends to the Civil Service Commission that the appointment of the individual be converted to a career appointment and (B) certifies to the Commission that the work performance of the individual for the past 12 months has been satisfactory; and

(4) he meets Commission 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 an indefinite or temporary appointment described in subsection (a) of this section, not later than 90 days after he has completed the 3-year period referred to in subsection (a) (1) of this section, if, prior to the close of such 90-day period, such individual has not met the requirements and conditions of subparagraphs (2) to (4), inclusive, of subsection (a) of this section.

(c) In computing years of service under subsection (a)(1) of this section for an individual who leaves a position in the competitive service to enter the armed forces and is reemployed in such a position within 120 days after separation under honorable conditions, the period from the date he leaves his position to the date he is reemployed is included.

(d) The Civil Service Commission may prescribe regulations necessary for the administration of this section. (Added Pub. L. 90-105, § 1(a), Oct. 11, 1967, 81 Stat. 273.)

§ 3305. Competitive service; examinations; when held

(a) The Civil Service Commission shall hold examinations for the competitive service at least twice a year in each State and territory or possession of the United States where there are individuals to be examined.

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