§ 1302. — Regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC1302]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
CHAPTER 13--SPECIAL AUTHORITY
Sec. 1302. Regulations
(a) The Office of Personnel Management, subject to the rules
prescribed by the President under this title for the administration of
the competitive service, shall prescribe regulations for, control,
supervise, and preserve the records of, examinations for the competitive
service.
(b) The Office shall prescribe and enforce regulations for the
administration of the provisions of this title, and Executive orders
issued in furtherance thereof, that implement the Congressional policy
that preference shall be given to preference eligibles in certification
for appointment, and in appointment, reinstatement, reemployment, and
retention, in the competitive service in Executive agencies, permanent
or temporary, and in the government of the District of Columbia.
(c) The Office shall prescribe regulations for the administration of
the provisions of this title that implement the Congressional policy
that preference shall be given to preference eligibles in certification
for appointment, and in appointment, reinstatement, reemployment, and
retention, in the excepted service in Executive agencies, permanent or
temporary, and in the government of the District of Columbia.
(d) The Office may prescribe reasonable procedure and regulations
for the administration of its functions under chapter 15 of this title.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401; Pub. L. 95-454, title IX,
Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
(a)................ 5 U.S.C. 633(2)7 (last 17 Jan. 16, 1883, ch.
words), (3) (less last 10 27, Secs. 2(2)7
words). (last 17 words), (3)
(less last 10
words), 22 Stat.
404.
(b)................ 5 U.S.C. 851 (1st 76 words), June 27, 1944, ch.
868 (less proviso). 287, Secs. 2 (1st
76 words), 19, 58
Stat. 387, 391.
(c)................ 5 U.S.C. 851 (1st 76 words), June 27, 1944, ch.
860. 287, Secs. 2 (1st
76 words), 11, 58
Stat. 387, 390.
(d)................ 5 U.S.C. 118k(d) (1st July 19, 1940, ch.
sentence). 640 Sec. 4 ``Sec.
12(d) (1st
sentence)'', 54
Stat. 769.
------------------------------------------------------------------------
Subsection (a) is based on former section 633(3) (less last 10
words). The regulation-making power conferred by that section covers the
power conferred by former section 633(2)7 (last 17 words) which is,
therefore, omitted. The requirement of notice is preserved in section
3304. The words ``through its members or the examiners'' are omitted as
unnecessary in view of section 1104. The authority of the President to
prescribe rules, based on former section 633(1) is carried into sections
2951, 3302, 3304(a), 3306(a), 3321, 7152, 7153, 7321, and 7322 of this
title.
In subsections (b)-(d), the word ``rules'' is omitted as included in
``regulations''.
The provisions of the Veterans' Preference Act of 1944 (former
sections 851-869) to which the regulation-making authority of
subsections (b) and (c) apply are carried into sections 2108, 3305(b),
3306(a)(2), 3308-3320, 3351, 3363, 3364, and 7701, subchapter I of
chapter 35, and subchapter II of chapter 75 of this title. The first 76
words of former section 851 are added here to preserve the general
statement of policy in the light of which the substantive provisions
that formerly comprised the Veterans' Preference Act of 1944 are to be
interpreted. See Elder v. Brannan, 241 U.S. 277, 286. In subsection (b),
the words ``in the competitive service in Executive agencies, permanent
or temporary, and in the government of the District of Columbia'', and
in subsection (c) the words ``in the excepted service in Executive
agencies, permanent or temporary, and in the government of the District
of Columbia'' are coextensive with and substituted for ``in civilian
positions in all establishments, agencies, bureaus, administrations,
projects, and departments of the Government, permanent or temporary, and
in either (a) the classified civil service; (b) the unclassified civil
service; (c) any temporary or emergency establishment, agency, bureau,
administration, project, and department created by Acts of Congress or
Presidential Executive order'', in view of the exclusion of positions in
the legislative and judicial branches by former section 869.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Amendments
1978--Subsecs. (a) to (d). Pub. L. 95-454 substituted ``Office of
Personnel Management'' for ``Civil Service Commission'' and ``Office''
for ``Commission'' wherever appearing.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978,
see section 907 of Pub. L. 95-454, set out as a note under section 1101
of this title.
Executive Order No. 10561
Ex. Ord. No. 10561, Sept. 13, 1954, 19 F.R. 5963, which related to
official personnel folders, was revoked by section 2-201 of Ex. Ord. No.
12107, Dec. 28, 1978, 44 F.R. 1055, set out as a note under section 1101
of this title.
Executive Order No. 11397
Ex. Ord. No. 11397, Feb. 9, 1968, 33 F.R. 2833, formerly set out as
a note under this section, which related to transitional appointments of
veterans who served during the Vietnam Era, was revoked by Ex. Ord. No.
11521, Mar. 26, 1970, 35 F.R. 5311, set out as a note under section 3302
of this title.
Section Referred to in Other Sections
This section is referred to in sections 1303, 2302 of this title;
title 18 section 1917; title 22 section 1438.
