---
kind: "section"
citation: "5 C.F.R. § 338.101"
title: "5"
number: "338.101"
heading: "Citizenship."
url: "https://uscodex.org/cfr/5/338.101"
---

# §338.101. Citizenship.

- (a) A person may be admitted to competitive examination only if he is a citizen of or owes permanent allegiance to the United States.
- (b) A person may be given an appointment in the competitive service only if he or she is a citizen of or owes permanent allegiance to the United States. However, a noncitizen may be given an appointment in rare cases under [§ 316.601](/cfr/5/316.601.md) of this chapter, unless the appointment is prohibited by statute.
- (c) [Paragraph (b)](#b) of this section applies to reinstatement and transfer as well as to other noncompetitive appointments, and to conversion to career or career-conditional employment.

## Notes

### Amendments

[33 FR 12429, Sept. 4, 1968, as amended at 57 FR 10124, Mar. 24, 1992]

### Authority

Authority: 5 U.S.C. 3301, 3302, 3304; E.O. 10577, 3 CFR, 1954-1958 comp., p. 218.

### Amendments

[33 FR 12429, Sept. 4, 1968, as amended at 57 FR 10124, Mar. 24, 1992]