Title 5 — Government Organization and EmployeesRelease 119-73
§3363 Preference eligibles; promotion; physical qualifications; waiver
Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart B— - Employment and Retention › Chapter CHAPTER 33— - EXAMINATION, SELECTION, AND PLACEMENT › Subchapter SUBCHAPTER V— - PROMOTION › § 3363
Summary
For promotions of preference eligibles in the competitive service, Executive agencies, or the D.C. government, OPM or another examining agency must waive age, height, and weight rules unless essential, and may waive physical requirements after an accredited physician recommends fitness.
Full Legal Text
Title 5, §3363
Government Organization and Employees — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 854 (1st 2 sentences, so much as relates to promotion).June 27, 1944, ch. 287, § 5 (1st 2 sentences, so much as relates to promotion), 58 Stat. 388. 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 section 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 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
5 U.S.C. § 3363
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73