5 U.S.C. § 1302

Regulations

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(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, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)	5 U.S.C. 633(2)7 (last 17 words), (3) (less last 10 words).	Jan. 16, 1883, ch. 27, §§ 2(2)7 (last 17 words), (3) (less last 10 words), 22 Stat. 404.
(b)	5 U.S.C. 851 (1st 76 words), 868 (less proviso).	June 27, 1944, ch. 287, §§ 2 (1st 76 words), 19, 58 Stat. 387, 391.
(c)	5 U.S.C. 851 (1st 76 words), 860.	June 27, 1944, ch. 287, §§ 2 (1st 76 words), 11, 58 Stat. 387, 390.
(d)	5 U.S.C. 118k(d) (1st sentence).	July 19, 1940, ch. 640 § 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.

Editorial NotesAmendments

1978—Subsecs. (a) to (d). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing.

Statutory Notes and Related SubsidiariesEffective 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 DocumentsExecutive 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.

Notes of Decisions

Cited in 46 cases (1 in the last 5 years), 1970–2023 · leading case: Hampton v. Mow Sun Wong, 426 U.S. 88 (1976).

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Hampton v. Mow Sun Wong, 426 U.S. 88 (1976). · cites it 4× “§ 3301 (1) provides: "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; Title 5 U. S. C. § 1302 (a) provides: "(a) The Civil Service Commission,…”

Bandimere v. United States Sec. & Exch. Comm'n, 844 F.3d 1168 (10th Cir. 2016). · cites it 3× “5 U.S.C. § 1302 ; 5 C.F.R. § 930.201 . ALJ applicants must be licensed attorneys with at least seven years of - 14 - litigation experience.”

Jackson v. Gonzales, 496 F.3d 703 (D.C. Cir. 2007). · cites it 2× “2d at 154; see 5 U.S.C. § 1302 , all federal agencies, including the Bureau of Prisons ("BOP") in the Department of Justice, are required to provide a notice of job announcement for competitive positions that includes the position's "[q]ualification requirements, including…”

Sampson v. Murray, 415 U.S. 61 (1974). · cites it 2× “" Title 5 U. S. C. § 1302 empowers the Commission to prescribe regulations, "subject to the rules prescribed by the President .”

George Noble v. Tennessee Valley Auth., 892 F.2d 1013 (Fed. Cir. 1989). · cites it 4× “Following the agency’s denial of his EEO complaint on February 10, 1988, Noble appealed to the MSPB on the grounds set forth in his EEO complaint and, as well, alleging that the TVA had illegally failed to recognize and honor his reemployment rights under the Veterans’…”

Ward v. Kennard, 133 F. Supp. 2d 54 (D.D.C. 2001). · cites it 3× “Ward brings his claims under the Fifth and Fourteenth Amendments to the Constitution, 5 U.S.C. §§ 1302 , 2108, 2301, 2302, 3309, 3313, 3314, 3317, and 1318, the Rehabilitation Act of 1973 (§ 501, 29 U.”

George Dunbar Prewitt, Jr. v. Merit Sys. Prot. Bd., 133 F.3d 885 (Fed. Cir. 1998). “§ 1599c; 5 U.S.C. §§ 1302 (b) and 3318(b), and failure to comply with other merit system principles, including veterans readjustment appointments, see 5 U.”

MOW SUN WONG Et Al., Appellants, v. Alan K. CAMPBELL, Dir. of the Off. of Pers. Mgmt. Et Al., Appellees, 626 F.2d 739 (9th Cir. 1980). · cites it 2× “” 5 U.S.C. § 1302 (a). Section 2.1(a) of Executive Order No.”

Lester v. United States Postal Serv., 465 F. Supp. 545 (D. Ariz. 1979). · cites it 4× “310 (b)(2) applies, it is an unreasonable and punitive regulation in violation of 5 U.S.C. § 1302 and apparently the Fifth Amendment to the Constitution because of the delay in the ARB’s appeal process.”

Marshall J. Orloff, M.D. v. Max Cleland, as Adm'r, of the Vets. Admin., 708 F.2d 372 (9th Cir. 1983). “This authority is now vested in the Office of Personnel Management, see 5 U.S.C. § 1302 , which also has the authority to prescribe regulations pertaining to the adverse action procedures applicable to preference eligi-bles.”

Bethel v. Jefferson, 589 F.2d 631 (D.C. Cir. 1978). “Civil Service Commission control or protection . ,” S.Rep.No.415, supra note 35, at 45.”

Guy C. Patterson v. Dep't of the Interior, 424 F.3d 1151 (Fed. Cir. 2005). “See 5 U.S.C. § 1302 (c). Accordingly, OPM has issued regulations setting forth procedures for applying veterans’ preference rights to the excepted service.”

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