§3319 — Title 5 Government Organization and Employees | U.S. Code

Summary

OPM, or an agency OPM lets do hiring exams, may use category rating to pick people for competitive jobs. That means applicants are put into two or more quality groups instead of getting exact numeric scores. In each quality group, people with veteran preference are listed ahead of others. Except for scientific or professional jobs at GS‑9 or higher, qualified preference veterans with a service‑connected disability of 10% or more must be placed in the highest group. A hiring official can pick anyone from the top group. If fewer than three people are in the top group, the official may pick from a combined top-and-second group. Under OPM rules, another hiring official can hire from the same job series and a similar grade if the job notice said the list could be shared. That other official must give notice to its employees, allow up to 10 business days for them to apply, and review their qualifications, and must follow any bargaining rules. A hiring official may not skip over a preference eligible in the same group except as allowed by the law. If a preference eligible is passed over three times from a standing register, their certification can be stopped after advance notice. Agencies using category rating must report to Congress for the next three years on hires, effects on veterans and listed minority groups, and manager training. OPM may write rules to implement these ideas.

Title 5, §3319

Government Organization and Employees — Source: USLM XML via OLRC

(a)The Office, in exercising its authority under section 3304, or an agency to which the Office has delegated examining authority under section 1104(a)(2), may establish category rating systems for evaluating applicants for positions in the competitive service, under 2 or more quality categories based on merit consistent with regulations prescribed by the Office of Personnel Management, rather than assigned individual numerical ratings.

(b)Within each quality category established under subsection (a), preference-eligibles shall be listed ahead of individuals who are not preference eligibles. For other than scientific and professional positions at GS–9 of the General Schedule (equivalent or higher), qualified preference-eligibles who have a compensable service-connected disability of 10 percent or more shall be listed in the highest quality category.

(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 section 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.

(d)Each agency that establishes a category rating system under this section shall submit in each of the 3 years following that establishment, a report to Congress on that system including information on—

(1)the number of employees hired under that system;

(2)the impact that system has had on the hiring of veterans and minorities, including those who are American Indian or Alaska Natives, Asian, Black or African American, and native Hawaiian or other Pacific Islanders; and

(3)the way in which managers were trained in the administration of that system.

(e)The Office of Personnel Management may prescribe such regulations as it considers necessary to carry out the provisions of this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The General Schedule, referred to in subsec. (b), is set out under section 5332 of this title.

Prior Provisions

A prior section 3319, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 421, related to prohibitions on employment of members of same family in the competitive service, prior to repeal by Pub. L. 95–454, title III, § 307(h)(1), title IX, § 907, Oct. 13, 1978, 92 Stat. 1149, 1227, effective 90 days after Oct. 13, 1978.

Amendments

2018—Pub. L. 115–232, § 1107(b)(1)(A), substituted “Competitive service; selection using category rating” for “Alternative ranking and selection procedures” in section catchline. Subsec. (c)(6). Pub. L. 115–232, § 1107(b)(1)(B), redesignated par. (7) as (6) and amended it generally. Prior to amendment, text read as follows: “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 section 3317(b) and 3318(c), as applicable, are satisfied.” Pub. L. 115–232, § 1107(b)(1)(B), struck out par. (6). Text read as follows: “Nothing in this subsection limits any collective bargaining obligation of an agency under chapter 71.” Subsec. (c)(7). Pub. L. 115–232, § 1107(b)(1)(B), redesignated par. (7) as (6). 2016—Subsec. (c). Pub. L. 114–137 added subsec. (c) and struck out former subsec. (c) which read as follows: “(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) Notwithstanding paragraph (1), the appointing official may not pass over a preference-eligible in the same category from which selection is made, unless the requirements of section 3317(b) or 3318(b), as applicable, are satisfied.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective on the date, not later than one year after Aug. 13, 2018, on which the Director of the Office of Personnel Management issues final

Regulations

for implementation, see section 1107(d) of Pub. L. 115–232, set out as an

Effective Date

note under section 3317 of this title.

Effective Date

Section effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as a note under section 101 of Title 6, Domestic Security.

§3319 Competitive Service; Selection Using Category Rating

Summary

Title 5, §3319

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Effective Date

Citations & Metadata