5 USC § 3363 - Preference eligibles; promotion; physical qualifications; waiver

---
identifier: "/us/usc/t5/s3363"
source: "usc"
legal_status: "official_legal_evidence"
title: "5 USC § 3363 - Preference eligibles; promotion; physical qualifications; waiver"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
section_number: "3363"
section_name: "Preference eligibles; promotion; physical qualifications; waiver"
chapter_number: 33
chapter_name: "EXAMINATION, SELECTION, AND PLACEMENT"
subchapter_number: "V"
subchapter_name: "PROMOTION"
part_number: "III"
part_name: "EMPLOYEES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


# § 3363. Preference eligibles; promotion; physical qualifications; waiver

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**: (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.)

| Derivation | U.S. Code | Revised 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 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— substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively.

1975— struck out “, except an appointment made under ” after “or made with the advice and consent of, the Senate”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1978 Amendment

Amendment by  effective 90 days after , see , set out as a note under .