Chapter 33, Subchapter I, Section 3319, Subsection (c) · 5 U.S.C. Chapter 33 — EXAMINATION, SELECTION, AND PLACEMENT

Contents

(c)

(1)An appointing official may select any applicant in the highest quality category or, if fewer than 3 candidates have been assigned to the highest quality category, in a merged category consisting of the highest and the second highest quality categories.

(2)Under regulations prescribed by the Office of Personnel Management, appointing officials other than the appointing official described in paragraph (1) (in this subsection referred to as the “other appointing official”) may select an applicant for an appointment to a position that is—

(A)in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the “original position”); and

(B)at a similar grade level as the original position.

(3)An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority.

(4)The selection of an individual under paragraph (2)—

(A)shall be made in accordance with this subsection; and

(B)subject to paragraph (5), may be made without any additional posting under section 3327.

(5)Before selecting an individual under paragraph (2), and subject to the requirements of any collective bargaining obligation of the other appointing authority (within the meaning given that term in section 3318(b)(1)), the other appointing official shall—

(A)provide notice of the available position to employees of the appointing authority employing the other appointing official;

(B)provide up to 10 business days for employees of the other appointing authority to apply for the position; and

(C)review the qualifications of employees submitting an application.

(6)

(A)Notwithstanding paragraphs (1) and (2), an appointing official may not pass over a preference eligible in the same category from which selection is made, unless the requirements of sections 3317(b) and 3318(c), as applicable, are satisfied.

(B)When a preference eligible, for reasons considered sufficient by the Director, or in the case of a preference eligible described in section 3318(c)(1), by the head of an agency, has been passed over in accordance with section 3318(c) for the same position, the appointing authority is not required to give further consideration to that preference eligible while selecting from the same list for a subsequent appointment to such position.

(C)In the case of lists of eligibles issued from a standing register, when an appointing authority, for reasons considered sufficient by the Director or the head of an agency, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of discontinuance of certification in accordance with regulations prescribed by the Director.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 32

Show every defined term

action
includes any agency action as defined under section 551(13);
agency
means an agency as defined in section 5102(a)(1) of this title other than an agency all the positions in which are excepted by statute from the competitive service.
base closure law
has the meaning given such term in section 101(a)(17) of title 10.
covered spouse
means an individual who is married to an individual who—
covered website
means the website established and maintained by the Director under subsection (b).
Department
means the Department of Defense;
detail
means the assignment or loan of an employee to an international organization without a change of position from the agency by which he is employed to an international organization.
Director
means the Director of the Office.
examination
means the process by which an applicant demonstrates knowledge, skills, abilities, and competencies.
examining agency
means—
Federal agency
means an Executive agency, military department, a court of the United States, the Administrative Office of the United States Courts, the Library of Congress, the Botanic Garden, the Government Publishing Office, the Congressional Budget Office, the United States Postal Service, the Postal Regulatory Commission, the Office of the Architect of the Capitol, the Office of Technology Assessment, and such other similar agencies of the legislative and judicial branches as determined appropriate by the Office of Personnel Management;
former Government employee
means an individual whose most recent position with the Government prior to becoming a candidate as described under subsection (a) was within the competitive service or the excepted service.
function or duty
means any function or duty of the applicable office that—
head of the agency
means—
intelligence community
has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
local government
means—
military reserve technician
has the meaning given the term “military technician (dual status)” by section 8401(30).
Office
means the Office of Personnel Management.
other organization
means—
passing score
means a minimum acceptable score or rating, consistent with applicable law, that may include a quantitative or qualitative assessment that an applicant can pass or fail.
personnel investigation
includes—
relevant committees
means—
remote work
refers to a work flexibility arrangement under which an employee—
spouse of a disabled or deceased member of the Armed Forces
means an individual—
spouse of an employee of the Department of Defense
means an individual who is married to an employee of the Department of Defense who is transferred in the interest of the Government from one official station within the Department to another within the Department (that is outside of normal commuting distance) for permanent duty.
State
means—
subject matter expert
means an employee or selecting official—
technical assessment
means a position-specific tool that is relevant to the position for which the tool is developed that—
technician
has the meaning given such term by section 8337(h)(1) of this title.
telework
has the meaning given the term in section 6501.
time-limited appointment
means a temporary or term appointment in the competitive service.
transitional inauguration day
means the date on which any person swears or affirms the oath of office as President, if such person is not the President on the date preceding the date of swearing or affirming such oath of office.