§ 2102. The competitive service
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(a)The “competitive service” consists of—
(1)all civil service positions in the executive branch, except—
(A)positions which are specifically excepted from the competitive service by or under statute;
(B)positions to which appointments are made by nomination for confirmation by the Senate, unless the Senate otherwise directs; and
(C)positions in the Senior Executive Service;
(2)civil service positions not in the executive branch which are specifically included in the competitive service by statute; and
(3)positions in the government of the District of Columbia which are specifically included in the competitive service by statute.
(b)Notwithstanding subsection (a)(1)(B) of this section, the “competitive service” includes positions to which appointments are made by nomination for confirmation by the Senate when specifically included therein by statute.
(c)As used in other Acts of Congress, “classified civil service” or “classified service” means the “competitive service”.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408; Pub. L. 95–454, title IV, § 401(b), Oct. 13, 1978, 92 Stat. 1154.)
Subsection
(a)is restated in the form of a definition.
Subsection (a)(1) is based on former section 638, which placed positions in the executive branch of the Government generally in the competitive service by the requirement that employment be predicated on passing an examination or being exempted from examination, and section 1 of the Act of Nov. 26, 1940, ch. 919, title I, 54 Stat. 1211 (see table III), which authorized the President, subject to certain exceptions, to place in the classified civil service positions in the Executive departments, independent establishments, and other agencies of the Government.
In that Act the word “executive” has been construed to modify “departments”, “independent establishments”; and “other agency”. This construction is supported by the language of the Act of Jan. 16, 1883, and is embodied in Civil Service Rule I. Acting under this statute, the President has placed all but a comparatively few of the positions covered by the Act of Nov. 26, 1940, in the competitive service. The remainder are covered by the exceptions contained in the Civil Service Rules and Regulations.
The authority of the President conferred by the Act of Nov. 26, 1940, has been superseded in part by exceptions created by statutes enacted after that date. The effect of these exceptions and the power conferred on the President by former section 633(2)8 (last sentence) to make exceptions to the Civil Service Rules are preserved by the words “positions which are specifically excepted from the competitive service by or under statute”.
In subsection (a)(1)(B), the words “or to pass an examination” are omitted as covered by the exclusion from the “competitive service”.
Subsection (a)(2) preserves the exception stated in former section 638 modified to recognize the several statutory exceptions to this exception that have been enacted. The language of former section 638 relative to examination is codified in sections 3304(b) and 3361. The reference to veterans’ preference is omitted because the statute referred to, R.S. § 1754, was superseded by sections 3 and 21 of the Act of June 18, 1929, ch. 28, 46 Stat. 21. Section 3 of the Act of June 18, 1929, was superseded by the Act of June 27, 1944, ch. 287, 58 Stat. 387, as amended, which is carried into this title.
Rights preserved by section 18 of the Act of June 27, 1944, are further preserved by technical section 8. The exception for laborers and workmen was superseded by the Act of Nov. 26, 1940.
Subsection
(b)is added because of the provisions in section 3311 of title 39.
Subsection
(c)is supplied for conformity inasmuch as the terms are coextensive by definition.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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Cited by 36 sections · top 31
U.S. Code
- § 2000eDefinitions
- § 2651aOrganization of Department of State
- § 3301Civil service; generally
- § 7301Presidential regulations
- § 3132Definitions and exclusions
- § 3304Competitive service; examinations
- § 210Pay and allowances
- § 44506Air traffic controllers
- § 1792Child care employees
- § 109Maritime Administration
- § 3641Definitions
- § 3079aTreatment of commission in commissioned officer corps as employment in Administration for purposes of certain hiring decisions
- § 2493Fisher Houses: administration as nonappropriated fund instrumentality
- § 2102Employment of personnel
- § 569Reemployment rights
- § 2921Definitions
- § 42Employees; expenses
- § 2517Authority for certain personnel
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15 references not yet in our index
- Pub. L. 89–554
- 80 Stat. 408
- Pub. L. 95–454, title IV, § 401(b)
- 92 Stat. 1154
- section 1 of the Act of Nov. 26, 1940, ch. 919
- 54 Stat. 1211
- Act of June 18, 1929, ch. 28
- 46 Stat. 21
- Section 3 of the Act of June 18, 1929
- Act of June 27, 1944, ch. 287
- 58 Stat. 387
- section 18 of the Act of June 27, 1944
- section 3311 of title 39
- Pub. L. 95–454
- section 415 of Pub. L. 95–454
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§ 2102
The competitive service
U.S.C.×19
Fed. Reg.×15
C.F.R.×1
Stat.×1
Pub. L.Pub. L. 89–554
Stat.80 Stat. 408
Pub. L.Pub. L. 95–454, title IV, § 401(b)
Stat.92 Stat. 1154
Actsection 1 of the Act of Nov. 26, 1940, ch. 919
Cites 16 · showing 6Cited by 36 across 4 sources