(b) The Commission shall hold an examination for a position to which an appointment has been made within the preceding 3 years, on the application of an individual who qualifies as a preference eligible under section 2108 (3) (C)-(G) of this title. The examination shall be held during the quarter following the application. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 418, amended Pub. L. 90-83, § 1(8), Sept. 11, 1967, 81 Stat. 197.)

§ 3306. Competitive service; departmental service; apportionment (a) (1) The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that appointments in the departmental service in the District of Columbia be apportioned among the States, territories and possessions of the United States, and the District of Columbia on the basis of population as ascertained at the last census.

(2) Paragraph (1) of this subsection does not apply to a preference eligible, but he may be required to furnish evidence of residence and domicile.

(b) An application for examination for appointment in the departmental service in the District of Columbia shall be accompanied by—

(1) a certificate under the seal of an official of the county and State of which the applicant claims to be a resident, that the applicant was a legal or voting resident of the State when he made the application and had been for at least 1 year before making the application; or

(2) a statement of the applicant under oath setting forth his legal or voting residence for 1 year before making the application, accompanied by letters from three reputable citizens of the State in which residence is claimed corroborating the statement. This subsection does not apply to an employee serving in the competitive service with competitive status who seeks promotion or appointment to another position. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 419.) § 3307. Competitive service; maximum-age requirement; restriction on use of appropriated funds

Appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service.2 (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 419.)

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

The Civil Service Commission or other examining agency may not prescribe a minimum educational requirement for an examination for the competitive service except when the Commission decides that the duties of a scientific, technical, or professional position cannot be performed by an individual who does not have a prescribed minimum education. The Commission shall make the reasons for its decision under this section a part of its public records. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 419.)

2 Notwithstanding the provisions of this section, the Secretary of the Interior is authorized to determine and fix the minimum and maximum limits of age within which original appointments to the U.S. Park Police may be made. (Pub. L. 91-73, Sept. 26, 1969, 83 Stat. 116.)

§ 3309. Preference eligibles; examinations; additional points for A preference eligible who receives a passing grade in an examination for entrance into the competitive service is entitled to additional points above his earned rating, as follows

(1) a preference eligible under section 2108 (3) (C)-(G) of this title 10 points; and

(2) a preference eligible under section 2108(3) (A) of this title 5 points.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 419, amended Pub. L. 90–83, § 1(8), Sept. 11, 1967, 81 Stat. 197.)

§ 3310. Preference eligibles; examinations; guards, elevator operators, messengers, and custodians

In examinations for positions of guards, elevator operators, messengers, and custodians in the competitive service, competition is restricted to preference eligibles as long as preference eligibles are available. (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 is an element of qualification, a preference eligible is entitled to credit

(1) for service in the armed forces when his employment in a similar vocation to that for which examined was interrupted by the service; and

(2) for all experience material to the position for which examined, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether he received pay therefor.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420.)

§ 3312. Preference eligibles; physical qualifications; waiver

In determining qualifications of a preference eligible for examination for, appointment in, or reinstatement in the competitive service, the Civil Service Commission or other examining agency shall waive— (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and

(2) physical requirements if, in the opinion of the Commission or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420.)

§ 3313. Competitive service; registers of eligibles

The names of applicants who have qualified in examinations for the competitive service shall be entered on appropriate registers or lists of eligibles in the following order

(1) for scientific and professional positions in GS-9 or higher, in the order of their ratings, including points added under section 3309 of this title; and

(2) for all other positions

(A) disabled veterans who have a 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. The names of preference eligibles shall be entered ahead of others having the same rating. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420.) § 3314. Registers; preference eligibles who resigned

A preference eligible who resigns, on request to the Civil Service Commission, is entitled to have his name placed again on all registers for which he may have been qualified, in the order named by section 3313 of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420.)

§ 3315. Registers; preference eligibles furloughed or separated (a) A preference eligible who has been separated or furloughed without delinquency or misconduct, on request, is entitled to have his name placed on appropriate registers and employment lists for every position for which his qualifications have been established, in the order named by section 3313 of this title. This subsection applies to registers and employment lists maintained by the Civil Service Commission, an Executive agency, or the government of the District of Columbia.

(b) The Commission may declare a preference eligible who has been separated or furloughed without pay under section 7512 of this title to be entitled to the benefits of subsection (a) of this section. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420.)

§ 3315a. Registers; individuals receiving compensation for work injuries

(a) For the purpose of this section, "employee" has the meaning given it by section 8101(1) (A) of this title, but does not include an individual who, by statute, is deemed an employee for the purpose of subchapter I of chapter 81 of this title.

(b) The Civil Service Commission, on application by an employee or former employee receiving compensation under subchapter I of chapter 81 of this title, shall enter his name on each appropriate register or employment list, or both, maintained by the Commission, for certification for appointment to a vacant position for which he is physically and otherwise qualified, under regulations of the Commission. An employee or former employee with career or career-conditional status is entitled to the same priority in certification that the Commission accords a career or career-conditional employee who has been involuntarily displaced from his position through no fault of his own. (Added Pub. L. 90–83, § 1(9) (A), Sept. 11, 1967, 81 Stat. 197.) § 3316. Preference eligibles; reinstatement

On request of an appointing authority, a preference eligible who has resigned or who has been dismissed or furloughed may be certified for, and appointed to, a position for which he is eligible in the com

petitive service, an Executive agency, or the government of the District of Columbia. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 421.) § 3317. Competitive service; certification from registers

(a) The Civil Service Commission shall certify enough names from the top of the appropriate register to permit a nominating or appointing authority who has requested a certificate of eligibles to consider at least three names for appointment to each vacancy in the competitive service.

(b) When an appointing authority, for reasons considered sufficient by the Commission, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of discontinuance of certification. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 421.)

§ 3318. Competitive service; selection from certificates

(a) The nominating or appointing authority shall select for appointment to each vacancy from the highest three eligibles available for appointment on the certificate furnished under section 3317(a) of this title, unless objection to one or more of the individuals certified is made to, and sustained by, the Civil Service Commission for proper and adequate reason under regulations prescribed by the Commission.

(b) An appointing authority who passes over a preference eligible on a certificate and selects an individual who is not a preference eligible shall file written reasons with the Commission for passing over the preference eligible. The Commission shall make these reasons a part of the record of the preference eligible. The Commission may require the submission of more detailed information in support of the passing over of the preference eligible. The Commission shall determine the sufficiency or insufficiency of the reasons submitted and shall send its findings to the appointing authority. The appointing authority shall comply with the findings of the Commission. The preference eligible or his representative, on request, is entitled to a copy of

(1) the reasons submitted by the appointing authority; and (2) the findings of the Commission.

(c) When three or more names of preference eligibles are on a reemployment list appropriate for the position to be filled, a nominating or appointing authority may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under section 2108 (3) (C)-(G) of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 420, amended Pub. L. 90–83, § 1(8), Sept. 11, 1967, 81 Stat. 197.)

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

(a) When two or more members of a family are employed in the competitive service, another member of the same family is not eligible for appointment in the competitive service.

(b) Subsection (a) of this section does not apply to a preference eligible. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 421.)

§ 3320. Excepted service; government of the District of Columbia; selection

The nominating or appointing authority shall select for appointment to each vacancy in the excepted service in the executive branch and in the government of the District of Columbia from the qualified applicants in the same manner and under the same conditions required for the competitive service by sections 3308-3318 of this title. This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422.)

§ 3321. Competitive service; probation; period of

The President may prescribe rules, which shall provide, as nearly as conditions of good administration warrant, that there shall be a period of probation before an appointment in the competitive service becomes absolute. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422.)

§ 3322. Competitive service; temporary appointments after age 70 An individual who has reached his 70th birthday may be appointed to a position in the competitive service only on a temporary basis. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422.)

§ 3323. Automatic separations; reappointment; reemployment of annuitants

(a) An individual who reaches the retirement age prescribed for automatic separation applicable to him may not be continued in the civil service or in the government of the District of Columbia. An individual separated on account of age under a statute or regulation providing for retirement on account of age is not eligible for appointment in the civil service or in the government of the District of Columbia. The President, when in his judgment the public interest so requires, may except an individual from this subsection by Executive order. This subsection does not apply to an individual named by a statute providing for the continuance of the individual in the civil service or in the government of the District of Columbia.

(b) Notwithstanding other statutes, an annuitant as defined by section 8331 of this title receiving annuity from the Civil Service Retirement and Disability Fund is not barred by reason of his retired status from employment in an appointive position for which he is qualified. An annuitant so reemployed serves at the will of the appointing authority.

(c) Notwithstanding subsection (a) of this section, a Foreign Service officer retired under section 1001 or 1002 of title 22 or a Foreign Service staff officer or employee retired under section 1063 of title 22 is not barred by reason of his retired status from employment in a position in the civil service for which he is qualified. An annuitant so reemployed serves at the will of the appointing authority.

(d) Notwithstanding subsection (a) of this section, the Chief of Engineers of the Army, under section 569a of title 33, may employ a retired employee whose expert assistance is needed in connection with river and harbor or flood control works. There shall be deducted from