5 U.S.C. § 3363 — Preference eligibles; promotion; physical qualifications; waiver

FEDERAL · 5 U.S.C. · Chapter SUBCHAPTER V—PROMOTION

Preference eligibles; promotion; physical qualifications; waiver

5 U.S.C. § 3363

Title5 — Government Organization and Employees

ChapterSUBCHAPTER V—PROMOTION

This text of 5 U.S.C. § 3363 (Preference eligibles; promotion; physical qualifications; waiver) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

5 U.S.C. § 3363.

Text

In determining qualifications of a preference eligible for promotion to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management 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 Office 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. 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.

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In determining qualifications of a preference eligible for promotion to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management 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 Office 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.
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.

Source Credit

History

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 427; Pub. L. 94–183, §2(5), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95–454, title IX, §906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

Editorial Notes

The section is restated to conform to section 3312.
The words "in the competitive service, an Executive agency, or the government of the District of Columbia" are added on authority of former sections 851, 858, and 869, which are carried into this title. The last sentence is added on authority of 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 Notes

Amendments
1978—Pub. L. 95–454 substituted "Office of Personnel Management" and "Office" for "Civil Service Commission" and "Commission", respectively.
1975—Pub. L. 94–183 struck out ", except an appointment made under section 3311 of title 39" after "or made with the advice and consent of, the Senate".

Statutory Notes and Related Subsidiaries

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.

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Bluebook (online)

5 U.S.C. § 3363, Counsel Stack Legal Research, https://law.counselstack.com/usc/5/3363.