USC Subchapter I

USC Subchapter I
in effect

5 U.S.C. § 3301 Civil service; generally

(a) In General.—The President may—(1) prescribe such regulations for the admission of individuals into the civil service in the executive branch as will best promote the efficiency of that service; (2) ascertain the fitness of applicants as to age, health, character, knowledge, and ability for the employment sought; and (3) appoint and prescribe the duties of individuals to make inquiries for the purpose of this section. (b) DOD Procedures.—The President may authorize the Department of Defense to determine the qualification, examination, and assessment procedures for positions in the competitive service based primarily on job-related competencies and skills, including the use of structured interviews, technical evaluations, or skills-based assessments, and alternative assessments.

5 U.S.C. § 3302 Competitive service; rules

The President may prescribe rules governing the competitive service. The rules shall provide, as nearly as conditions of good administration warrant, for— (1) necessary exceptions of positions from the competitive service; and (2) necessary exceptions from the provisions of sections 2951, 3304(b), 3321, 7202, and 7203 of this title. Each officer and individual employed in an agency to which the rules apply shall aid in carrying out the rules.

5 U.S.C. § 3303 Competitive service; recommendations of Senators or Representatives

An individual concerned in examining an applicant for or appointing him in the competitive service may not receive or consider a recommendation of the applicant by a Senator or Representative, except as to the character or residence of the applicant.

5 U.S.C. § 3304 Competitive service; examinations

(a) Definitions.—In this section:(1) Agency.—The term “agency” means an Executive agency. (2) Director.—The term “Director” means the Director of the Office. (3) Examination.—The term “examination” means the process by which an applicant demonstrates knowledge, skills, abilities, and competencies. (4) Examining agency.—The term “examining agency” means—(A) the Office; or (B) an agency to which the Director has delegated examining authority under section 1104(a)(2). (5) Office.—The term “Office” means the Office of Personnel Management. (6) Passing score.—The term “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. (7) Relevant committees.—The term “relevant committees” means—(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Accountability of the House of Representatives. (8) Subject matter expert.—The term “subject matter expert” means an employee or selecting official—(A) who possesses an understanding of the duties of, and knowledge, skills, and abilities required for, the position for which the employee or selecting official is developing or administering an examination; and (B) whom the delegated examining unit of the examining agency that employs the employee or selecting official designates to assist in the development and administration of technical assessments. (9) Technical assessment.—The term “technical assessment” means a position-specific tool that is relevant to the position for which the tool is developed that—(A) allows for the demonstration of job-related skills, abilities, knowledge, and competencies; (B) is based upon a job analysis; and (C) does not solely include or principally rely upon a self-assessment from an automated examination. (b) Rules.—The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, for—(1) open, competitive examinations for testing applicants for appointment in the competitive service which are practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of the applicants for the appointment sought; (2) noncompetitive examinations when competent applicants do not compete after notice has been given of the existence of the vacancy; and (3) authority for agencies to appoint, without regard to the provision of sections 3309 through 3318, candidates directly to positions for which—(A) public notice has been given; and (B) the Office of Personnel Management has determined that there exists a severe shortage of candidates (or, with respect to the Department of Veterans Affairs, that there exists a severe shortage of highly qualified candidates) or that there is a critical hiring need. The Office shall prescribe, by regulation, criteria for identifying such positions and may delegate authority to make determinations under such criteria. (c) Examinations.—(1) In general.—For the purpose of testing applicants for appointment for a position, or class of positions, in the competitive service, an examining agency shall conduct an examination pursuant to subsection (b). (2) Interim examination period.—(A) Preference for technical assessment.—During the 3-year period beginning on the date of enactment of the Chance to Compete Act of 2024, an examining agency shall preference the use of a technical assessment, to the maximum extent practicable, to assess the job-related skills, abilities, knowledge, and competencies of an applicant for a position in the competitive service. (B) Use of alternative assessment.—During the 3-year period beginning on the date of enactment of the Chance to Compete Act of 2024, if an examining agency determines that the use of a technical assessment to assess the job-related skills, abilities, knowledge, and competencies of an applicant for a position in the competitive service is not practicable, the examining agency may use an alternative assessment for that purpose if the examining agency includes a brief description of the rationale for the use of the alternative assessment in the job posting. (3) Transition planning.—(A) In general.—Not later 11 So in original. Probably should be followed by “than”. 18 months after the date of enactment of the Chance to Compete Act of 2024, the Director shall submit to the relevant committees a plan to transition Federal hiring practices to adopt technical assessments in accordance with subsection (d), which shall include—(i) the prioritization of—(I) job classifications; and (II) resource requirements; and (ii) a timeline for full implementation of the transition. (B) Additional consultation.—In developing the plan under subparagraph (A), the Director shall consult with, at minimum—(i) the Director of the Office of Management and Budget; (ii) the Chair of the Chief Human Capital Officers Council; (iii) employee representatives; and (iv) relevant external stakeholders. (4) Implementation of technical assessments.—(A) Implementation of plan.—Not later than 3 years after the date of enactment of the Chance to Compete Act of 2024, the Director shall implement the plan submitted under paragraph (3). (B) Adoption of technical assessments.—On and after the date that is 3 years after the date of enactment of the Chance to Compete Act of 2024, an examining agency shall use a technical assessment to examine applicants for positions in the competitive service in accordance with subsection (d). (C) Waiver.—(i) In general.—The requirement under subparagraph (B) shall not apply to an examining agency with respect to a particular job series if—(I) the examining agency determines that use of a technical assessment is impracticable for the job series; and (II) the head of the examining agency submits to the Director and the relevant committees a certification that use of the technical assessment is impracticable, which certification shall include—(aa) identification of the job series; (bb) identification of the number of positions that are included in the job series within the agency for which the examining agency is conducting examinations; and (cc) a description of the rationale for the determination. (ii) Effectiveness of waiver.—A waiver under this subparagraph shall be effective for the period—(I) beginning on the date that is 1 day after the date on which the applicable certification is submitted under clause (i)(II); and (II) ending on the date that is 3 years after the date on which the applicable certification is submitted under clause (i)(II). (iii) No delegation of certification authority.—The head of an examining agency may not delegate the authority to submit a certification under clause (i)(II). (d) Technical Assessment.—(1) In general.—For the purpose of conducting an examination for a position in the competitive service, an individual who is determined by an examining agency to be a subject matter expert in the subject and job field of the position may—(A) develop, in partnership with human resources employees of the examining agency, a position-specific assessment that is relevant to the position, based on job analysis, which may include—(i) a structured interview; (ii) a work-related exercise; (iii) a custom or generic procedure used to measure an applicant’s employment or career-related qualifications and interests; or (iv) another assessment that—(I) allows for the demonstration of job-related technical skills, abilities, and knowledge; and (II) is relevant to the position for which the assessment is developed; and (B) administer the assessment developed under subparagraph (A) to—(i) determine whether an applicant for the position has a passing score to be qualified for the position; or (ii) rank applicants for the position for category rating purposes under section 3319. (2) Feasibility study on sharing and customization of assessment.—Not later than 1 year after the date of enactment of the Chance to Compete Act of 2024, the Director shall—(A) conduct a feasibility study that examines the practicability, including a cost benefit analysis, of—(i) the sharing of technical assessments by an examining agency with another examining agency; (ii) mechanisms for each examining agency to maintain appropriate control over examination material that is shared by the examining agency as described in clause (i); (iii) limits on customization of a technical assessment that is shared as described in clause (i) and mechanisms to ensure that the resulting technical assessment satisfies the requirements under part 300 of title 5, Code of Federal Regulations (or any successor regulation); and (iv) the development of an online platform on which examining agencies can share and customize technical assessments as described in this subparagraph; and (B) submit to the relevant committees a report on the study conducted under subparagraph (A). (e) Federal Agency Talent Teams.—(1) In general.—An agency may establish 1 or more agency talent teams, including at the component level. (2) Duties.—An agency talent team shall provide hiring support to the agency, including by—(A) improving examinations; (B) facilitating the writing of job announcements for the competitive service; (C) sharing high-quality certificates of eligible applicants; and (D) facilitating hiring for the competitive service using examinations. (f) Office of Personnel Management Talent Team.—The Director may establish a Federal talent team to support agency talent teams by—(1) facilitating hiring actions across the Federal Government; (2) providing training; (3) creating tools and guides to facilitate hiring for the competitive service; and (4) developing technical assessments. (g) Rulemaking.—The Director shall promulgate such regulations as are necessary to implement and interpret this section. (h) Examination or Exception Required.—An individual may be appointed in the competitive service only if he has passed an examination or is specifically excepted from examination under section 3302 of this title. This subsection does not take from the President any authority conferred by section 3301 of this title that is consistent with the provisions of this title governing the competitive service. (i) Technicians.—(1) For the purpose of this subsection, the term “technician” has the meaning given such term by section 8337(h)(1) of this title. (2) Notwithstanding a contrary provision of this title or of the rules and regulations prescribed under this title for the administration of the competitive service, an individual who served for at least 3 years as a technician acquires a competitive status for transfer to the competitive service if such individual—(A) is involuntarily separated from service as a technician other than by removal for cause on charges of misconduct or delinquency; (B) passes a suitable noncompetitive examination; and (C) transfers to the competitive service within 1 year after separating from service as a technician. (j) Consideration of Experience.—The office 22 So in original. Probably should be capitalized. of Personnel Management shall promulgate regulations on the manner and extent that experience of an individual in a position other than the competitive service, such as the excepted service (as defined under section 2103) in the legislative or judicial branch, or in any private or nonprofit enterprise, may be considered in making appointments to a position in the competitive service (as defined under section 2102). In promulgating such regulations OPM shall not grant any preference based on the fact of service in the legislative or judicial branch. The regulations shall be consistent with the principles of equitable competition and merit based appointments. (k) Use of Public Buildings.—Employees at any place outside the District of Columbia where the President or the Office of Personnel Management directs that examinations be held shall allow the reasonable use of public buildings for, and in all proper ways facilitate, holding the examinations. (l) Preference Eligibles and Veterans.—(1) Preference eligibles or veterans who have been separated from the armed forces under honorable conditions after 3 years or more of active service may not be denied the opportunity to compete for vacant positions for which the agency making the announcement will accept applications from individuals outside its own workforce under merit promotion procedures. (2) If selected, a preference eligible or veteran described in paragraph (1) shall receive a career or career-conditional appointment, as appropriate. (3) This subsection shall not be construed to confer an entitlement to veterans’ preference that is not otherwise required by law. (4) The area of consideration for all merit promotion announcements which include consideration of individuals of the Federal workforce shall indicate that preference eligibles and veterans who have been separated from the armed forces under honorable conditions after 3 years or more of active service are eligible to apply. The announcements shall be publicized in accordance with section 3327. (5) The Office of Personnel Management shall prescribe regulations necessary for the administration of this subsection. The regulations shall ensure that an individual who has completed an initial tour of active duty is not excluded from the application of this subsection because of having been released from such tour of duty shortly before completing 3 years of active service, having been honorably released from such duty. (m) Eligibility of Department of Defense Employees in Time-limited Appointments to Compete for Permanent Appointments.—(1) Definitions.—In this subsection—(A) the term “Department” means the Department of Defense; and (B) the term “time-limited appointment” means a temporary or term appointment in the competitive service. (2) Eligibility.—Notwithstanding any other provision of this chapter or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of the Department serving under a time-limited appointment is eligible to compete for a permanent appointment in the competitive service when the Department is accepting applications from individuals within its own workforce, or from individuals outside its own workforce, under merit promotion procedures, if—(A) the employee was appointed initially under open, competitive examination under subchapter I of this chapter to the time-limited appointment; (B) the employee has served under 1 or more time-limited appointments within the Department for a period or periods totaling more than 2 years without a break of 2 or more years; and (C) the employee’s performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (B). (3) Career-conditional status; competitive status.—An individual appointed to a permanent position under this section—(A) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and (B) acquires competitive status upon appointment. (4) Former employees.—If the Department is accepting applications as described in paragraph (2), a former employee of the Department who served under a time-limited appointment and who otherwise meets the requirements of this section shall be eligible to compete for a permanent position in the competitive service under this section if—(A) the employee applies for a position covered by this section not later than 2 years after the most recent date of separation; and (B) the employee’s most recent separation was for reasons other than misconduct or performance. (5) Regulations.—The Office of Personnel Management shall prescribe regulations necessary for the administration of this subsection.

5 U.S.C. § 3304a Competitive service; career appointment after 3 years’ temporary service

(a) An individual serving in a position in the competitive service under an indefinite appointment or a temporary appointment pending establishment of a register (other than an individual serving under an overseas limited appointment, or in a position classified above GS–15 pursuant to section 5108) acquires competitive status and is entitled to have his appointment converted to a career appointment, without condition, when—(1) he completes, without break in service of more than 30 days, a total of at least 3 years of service in such a position; (2) he passes a suitable noncompetitive examination; (3) the appointing authority (A) recommends to the Office of Personnel Management that the appointment of the individual be converted to a career appointment and (B) certifies to the Office that the work performance of the individual for the past 12 months has been satisfactory; and (4) he meets Office qualification requirements for the position and is otherwise eligible for career appointment. (b) The employing agency shall terminate the appointment of an individual serving in a position in the competitive service under an indefinite or temporary appointment described in subsection (a) of this section, not later than 90 days after he has completed the 3-year period referred to in subsection (a)(1) of this section, if, prior to the close of such 90-day period, such individual has not met the requirements and conditions of subparagraphs (2) to (4), inclusive, of subsection (a) of this section. (c) In computing years of service under subsection (a)(1) of this section for an individual who leaves a position in the competitive service to enter the armed forces and is reemployed in such a position within 120 days after separation under honorable conditions, the period from the date he leaves his position to the date he is reemployed is included. (d) The Office of Personnel Management may prescribe regulations necessary for the administration of this section.

5 U.S.C. § 3305 Competitive service; examinations; when held

(a) The Office of Personnel Management shall hold examinations for the competitive service at least twice a year in each State and territory or possession of the United States where there are individuals to be examined. (b) The Office shall hold an examination for a position to which an appointment has been made within the preceding 3 years, on the application of an individual who qualifies as a preference eligible under section 2108(3)(C)–(G) of this title. The examination shall be held during the quarter following the application.

5 U.S.C. § 3307 Competitive service; maximum-age entrance requirements; exceptions

(a) Except as provided in subsections (b), (c), (d), (e), and (f) of this section appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service. (b) The Secretary may, with the concurrence of such agent as the President may designate, determine and fix the maximum limit of age within which an original appointment to a position as an air traffic controller may be made. (c) The Secretary of the Interior may determine and fix the minimum and maximum limits of age within which original appointments to the United States Park Police may be made. (d) The head of any agency may determine and fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section 8331(20) and (21), respectively, of this title. (e)(1) Except as provided in paragraph (2), the head of an agency may determine and fix the maximum age limit for an original appointment to a position as a firefighter or law enforcement officer, as defined by section 8401(14) or (17), respectively, of this title. (2)(A) In the case of the conversion of an agency function from performance by a contractor to performance by an employee of the agency, the head of the agency, in consultation with the Director of the Office of Personnel Management, may waive any maximum limit of age, determined or fixed for positions within such agency under paragraph (1), if necessary in order to promote the recruitment or appointment of experienced personnel. (B) For purposes of this paragraph—(i) the term “agency” means the Department of Defense or a military department; and (ii) the term “head of the agency” means—(I) in the case of the Department of Defense, the Secretary of Defense; and (II) in the case of a military department, the Secretary of such military department. (f) The Secretary of Energy may determine and fix the maximum age limit for an original appointment to a position as a nuclear materials courier, as defined by section 8331(27) or 8401(33). (g) The Secretary of Homeland Security may determine and fix the maximum age limit for an original appointment to a position as a customs and border protection officer, as defined by section 8401(36).

5 U.S.C. § 3308 Competitive service; examinations; educational requirements prohibited; exceptions

The Office of Personnel Management or other examining agency may not prescribe a minimum educational requirement for an examination for the competitive service except when the Office decides that the duties of a scientific, technical, or professional position cannot be performed by an individual who does not have a prescribed minimum education. The Office shall make the reasons for its decision under this section a part of its public records.

5 U.S.C. § 3309 Preference eligibles; examinations; additional points for

A preference eligible who receives a passing grade in an examination for entrance into the competitive service is entitled to additional points above his earned rating, as follows— (1) a preference eligible under section 2108(3)(C)–(G) of this title—10 points; and (2) a preference eligible under section 2108(3)(A)–(B) of this title—5 points.

5 U.S.C. § 3310 Preference eligibles; examinations; guards, elevator operators, messengers, and custodians

In examinations for positions of guards, elevator operators, messengers, and custodians in the competitive service (other than for positions of housekeeping aides in the Department of Veterans Affairs), competition is restricted to preference eligibles as long as preference eligibles are available.

5 U.S.C. § 3311 Preference eligibles; examinations; crediting experience

In examinations for the competitive service in which experience is an element of qualification, a preference eligible is entitled to credit— (1) for service in the armed forces when his employment in a similar vocation to that for which examined was interrupted by the service; and (2) for all experience material to the position for which examined, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether he received pay therefor.

5 U.S.C. § 3312 Preference eligibles; physical qualifications; waiver

(a) In determining qualifications of a preference eligible for examination for, appointment in, or reinstatement in the competitive service, 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. (b) If an examining agency determines that, on the basis of evidence before it, a preference eligible under section 2108(3)(C) of this title who has a compensable service-connected disability of 30 percent or more is not able to fulfill the physical requirements of the position, the examining agency shall notify the Office of the determination and, at the same time, the examining agency shall notify the preference eligible of the reasons for the determination and of the right to respond, within 15 days of the date of the notification, to the Office. The Office shall require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address and shall, before the selection of any other person for the position, make a final determination on the physical ability of the preference eligible to perform the duties of the position, taking into account any additional information provided in any such response. When the Office has completed its review of the proposed disqualification on the basis of physical disability, it shall send its findings to the appointing authority and the preference eligible. The appointing authority shall comply with the findings of the Office. The functions of the Office under this subsection may not be delegated.

5 U.S.C. § 3313 Competitive service; registers of eligibles

The names of applicants who have qualified in examinations for the competitive service shall be entered on appropriate registers or lists of eligibles in the following order— (1) for scientific and professional positions in GS–9 or higher, in the order of their ratings, including points added under section 3309 of this title; and (2) for all other positions—(A) disabled veterans who have a compensable service-connected disability of 10 percent or more, in order of their ratings, including points added under section 3309 of this title; and (B) remaining applicants, in the order of their ratings, including points added under section 3309 of this title. The names of preference eligibles shall be entered ahead of others having the same rating.

5 U.S.C. § 3314 Registers; preference eligibles who resigned

A preference eligible who resigns, on request to the Office of Personnel Management, is entitled to have his name placed again on all registers for which he may have been qualified, in the order named by section 3313 of this title.

5 U.S.C. § 3315 Registers; preference eligibles furloughed or separated

(a) A preference eligible who has been separated or furloughed without delinquency or misconduct, on request, is entitled to have his name placed on appropriate registers and employment lists for every position for which his qualifications have been established, in the order named by section 3313 of this title. This subsection applies to registers and employment lists maintained by the Office of Personnel Management, an Executive agency, or the government of the District of Columbia. (b) The Office may declare a preference eligible who has been separated or furloughed without pay under section 7512 of this title to be entitled to the benefits of subsection (a) of this section.

5 U.S.C. § 3316 Preference eligibles; reinstatement

On request of an appointing authority, a preference eligible who has resigned or who has been dismissed or furloughed may be certified for, and appointed to, a position for which he is eligible in the competitive service, an Executive agency, or the government of the District of Columbia.

5 U.S.C. § 3317 Competitive service; certification using numerical ratings

(a) Certification.—(1) In general.—The Director of the Office of Personnel Management, or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), shall certify a sufficient number of names from the top of the appropriate register or list of eligibles, as determined pursuant to regulations prescribed under subsection (c), and provide a certificate with such names to an appointing authority that has requested a certificate of eligibles to consider when filling a job in the competitive service. (2) Minimum number of names certified.—Unless otherwise provided for in regulations prescribed under subsection (c), the number of names certified under paragraph (1) shall be not less than three. (b) Discontinuance of Certification.—When an appointing authority, for reasons considered sufficient by the Director or head of an agency, has three times considered and passed over a preference eligible who was certified from a register, the Director or head of any agency may discontinue certifying the preference eligible for appointment. The Director or the head of an agency shall provide to such preference eligible notice of the intent to discontinue certifying such preference eligible prior to the discontinuance of certification. (c) Regulations.—The Director shall prescribe regulations for the administration of this section. Such regulations shall include the establishment of mechanisms for identifying the eligibles who will be considered for each vacancy. Such mechanisms may include cut-off scores. (d) Definition.—In this section, the term “Director” means the Director of the Office of Personnel Management.

5 U.S.C. § 3318 Competitive service; selections using numerical ratings

(a) In General.—An appointing authority shall select for appointment from the eligibles certified for appointment on a certificate furnished under section 3317(a), unless objection to one or more of the individuals certified is made to, and sustained by, the Director of the Office of Personnel Management or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), for proper and adequate reason under regulations prescribed by the Director. (b) Other Appointing Authorities.—(1) In general.—During the 240-day period beginning on the date of issuance of a certificate of eligibles under section 3317(a), an appointing authority other than the appointing authority requesting the certificate (in this subsection referred to as the “other appointing authority”) may select an individual from that certificate in accordance with this subsection 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. (2) Applicability.—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. (3) Requirements.—The selection of an individual under paragraph (1)—(A) shall be made in accordance with subsection (a); and (B) subject to paragraph (4), may be made without any additional posting under section 3327. (4) Internal notice.—Before selecting an individual under paragraph (1), the other appointing authority shall—(A) provide notice of the available position to employees of the other appointing authority; (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. (c) Pass Over.—(1) In general.—Subject to subparagraph (2), if an appointing authority proposes to pass over a preference eligible certified for appointment under subsection (a) and select an individual who is not a preference eligible, the appointing authority shall file written reasons with the Director or the head of the agency for passing over the preference eligible. The Director or the head of the agency shall make the reasons presented by the appointing authority part of the record of the preference eligible and may require the submission of more detailed information from the appointing authority in support of the passing over of the preference eligible. The Director or the head of the agency shall determine the sufficiency or insufficiency of the reasons submitted by the appointing authority, taking into account any response received from the preference eligible under paragraph (2). When the Director or the head of the agency has completed review of the proposed pass-over of the preference eligible, the Director or the head of the agency shall send its findings to the appointing authority and to the preference eligible. The appointing authority shall comply with the findings. (2) Preference eligible individuals who have a compensable service-connected disability.—In the case of a preference eligible described in section 2108(3)(C) who has a compensable service-connected disability of 30 percent or more, the appointing authority shall notify the Director under paragraph (1) and, at the same time, notify the preference eligible of the proposed pass-over, of the reasons for the proposed pass-over, and of the individual’s right to respond to those reasons to the Director within 15 days of the date of the notification. The Director shall, before completing the review under paragraph (1), require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address. (3) Further consideration not required.—When a preference eligible, for reasons considered sufficient by the Director, or in the case of a preference eligible described in paragraph (1), by the head of an agency, has been passed over in accordance with this subsection 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. (4) Delegation prohibition.—In the case of a preference eligible described in paragraph (2), the functions of the Director under this subsection may not be delegated to an individual who is not an officer or employee of the Office of Personnel Management. (d) Special Rule Regarding Reemployment Lists.—When the names of preference eligibles are on a reemployment list appropriate for the position to be filled, an appointing authority may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under subparagraph (C), (D), (E), (F), or (G) of section 2108(3). (e) Consideration Not Required.—In accordance with regulations prescribed by the Director, an appointing officer is not required to consider an eligible who has been considered by the appointing officer for three separate appointments from the same or different certificates for the same position. (f) Regulations.—The Director shall prescribe regulations for the administration of this section. (d)[sic] Definition.—In this section, the term “Director” means the Director of the Office of Personnel Management.

5 U.S.C. § 3319 Competitive service; selection using category rating

(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) Selection.—(1) In general.—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) Use by other appointing officials.—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) Applicability.—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) Requirements.—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) Internal notice.—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) Preference eligibles.—(A) Satisfaction of certain requirements.—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) Further consideration not required.—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) List of eligibles issued from a standing register; discontinuation of certification.—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.

5 U.S.C. § 3320 Excepted service; government of the District of Columbia; selection

The nominating or appointing authority shall select for appointment to each vacancy in the excepted service in the executive branch and in the government of the District of Columbia from the qualified applicants in the same manner and under the same conditions required for the competitive service by sections 3308 through 3319 of this title. 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.

5 U.S.C. § 3321 Competitive service; probationary period

(a) The President may take such action, including the issuance of rules, regulations, and directives, as shall provide as nearly as conditions of good administration warrant for a period of probation—(1) before an appointment in the competitive service becomes final; and (2) before initial appointment as a supervisor or manager becomes final. (b) An individual—(1) who has been transferred, assigned, or promoted from a position to a supervisory or managerial position, and (2) who does not satisfactorily complete the probationary period under subsection (a)(2) of this section, shall be returned to a position of no lower grade and pay than the position from which the individual was transferred, assigned, or promoted. Nothing in this section prohibits an agency from taking an action against an individual serving a probationary period under subsection (a)(2) of this section for cause unrelated to supervisory or managerial performance. (c) Subsections (a) and (b) of this section shall not apply with respect to appointments in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.

5 U.S.C. § 3322 Voluntary separation before resolution of personnel investigation

(a) With respect to any employee occupying a position in the competitive service or the excepted service who is the subject of a personnel investigation and resigns from Government employment prior to the resolution of such investigation, the head of the agency from which such employee so resigns shall, if an adverse finding was made with respect to such employee pursuant to such investigation, make a permanent notation in the employee’s official personnel record file. The head shall make such notation not later than 40 days after the date of the resolution of such investigation. (b) Prior to making a permanent notation in an employee’s official personnel record file under subsection (a), the head of the agency shall—(1) notify the employee in writing within 5 days of the resolution of the investigation and provide such employee a copy of the adverse finding and any supporting documentation; (2) provide the employee with a reasonable time, but not less than 30 days, to respond in writing and to furnish affidavits and other documentary evidence to show why the adverse finding was unfounded (a summary of which shall be included in any notation made to the employee’s personnel file under subsection (d)); and (3) provide a written decision and the specific reasons therefore to the employee at the earliest practicable date. (c) An employee is entitled to appeal the decision of the head of the agency to make a permanent notation under subsection (a) to the Merit Systems Protection Board under section 7701. (d)(1) If an employee files an appeal with the Merit Systems Protection Board pursuant to subsection (c), the agency head shall make a notation in the employee’s official personnel record file indicating that an appeal disputing the notation is pending not later than 2 weeks after the date on which such appeal was filed. (2) If the head of the agency is the prevailing party on appeal, not later than 2 weeks after the date that the Board issues the appeal decision, the head of the agency shall remove the notation made under paragraph (1) from the employee’s official personnel record file. (3) If the employee is the prevailing party on appeal, not later than 2 weeks after the date that the Board issues the appeal decision, the head of the agency shall remove the notation made under paragraph (1) and the notation of an adverse finding made under subsection (a) from the employee’s official personnel record file. (e) In this section, the term “personnel investigation” includes—(1) an investigation by an Inspector General; and (2) an adverse personnel action as a result of performance, misconduct, or for such cause as will promote the efficiency of the service under chapter 43 or chapter 75.

5 U.S.C. § 3323 Automatic separations; reappointment; re­employment of annuitants

(a) An individual who reaches the retirement age prescribed for automatic separation applicable to him may not be continued in the civil service or in the government of the District of Columbia. An individual separated on account of age under a statute or regulation providing for retirement on account of age is not eligible for appointment in the civil service or in the government of the District of Columbia. The President, when in his judgment the public interest so requires, may except an individual from this subsection by Executive order. This subsection does not apply to an individual named by a statute providing for the continuance of the individual in the civil service or in the government of the District of Columbia. (b)(1) Notwithstanding other statutes, an annuitant, as defined by section 8331 or 8401, receiving annuity from the Civil Service Retirement and Disability Fund is not barred by reason of his retired status from employment in an appointive position for which the annuitant is qualified. An annuitant so reemployed, other than an annuitant reappointed under paragraph (2) of this subsection, serves at the will of the appointing authority. (2) Subject to such regulations as the Director of the Office of Personnel Management may prescribe, any annuitant to whom the first sentence of paragraph (1) of this subsection applies and who has served as an administrative law judge pursuant to an appointment under section 3105 of this title may be reappointed an administrative law judge under such section for a specified period or for such period as may be necessary for such administrative law judge to conduct and complete the hearing and disposition of one or more specified cases. The provisions of this title that apply to or with respect to administrative law judges appointed under section 3105 of this title shall apply to or with respect to administrative law judges reappointed under such section pursuant to the first sentence of this paragraph. (c) Notwithstanding subsection (a) of this section, a member of the Foreign Service retired under section 812 of the Foreign Service Act of 1980 is not barred by reason of his retired status from employment in a position in the civil service for which he is qualified. An annuitant so reemployed serves at the will of the appointing authority. (d) Notwithstanding subsection (a) of this section, the Chief of Engineers of the Army, under section 569a of title 33, may employ a retired employee whose expert assistance is needed in connection with river and harbor or flood control works. There shall be deducted from the pay of an employee so reemployed an amount equal to the annuity or retired pay allocable to the period of actual employment.

5 U.S.C. § 3324 Appointments to positions classified above GS–15

(a) An appointment to a position classified above GS–15 pursuant to section 5108 may be made only on approval of the qualifications of the proposed appointee by the Director of the Office of Personnel Management on the basis of qualification standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director. This section does not apply to a position—(1) to which appointment is made by the Chief Judge of the United States Tax Court; (2) to which appointment is made by the President; (3) to which appointment is made by the Librarian of Congress; or (4) the incumbent of which is paid from—(A) appropriations for the Executive Office of the President under the heading “The White House Office”, “Special Proj­ects”, “Council of Economic Advisers”, or “National Security Council”; or (B) funds appropriated to the President under the heading “Emergency Fund for the President” by the Treasury, Post Office, and Executive Office Appropriation Act, 1966, or a later statute making appropriations for the same purpose. (b) The Office may prescribe regulations necessary for the administration of this section.

5 U.S.C. § 3325 Appointments to scientific and professional positions

(a) Positions established under section 3104 of this title are in the competitive service. However, appointments to the positions are made without competitive examination on approval of the qualifications of the proposed appointee by the Office of Personnel Management on the basis of standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director of the Office of Personnel Management. (b) This section does not apply to positions established under section 3104(c). (c) The Director of the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out the purpose of this section.

5 U.S.C. § 3326 Appointments of retired members of the armed forces to positions in the Department of Defense

(a) For the purpose of this section, “member” and “Secretary concerned” have the meanings given them by section 101 of title 37. (b) A retired member of the armed forces may be appointed to a position in the civil service in or under the Department of Defense (including a nonappropriated fund instrumentality under the jurisdiction of the armed forces) during the period of 180 days immediately after his retirement only if—(1) the proposed appointment is authorized by the Secretary concerned or his designee for the purpose, and, if the position is in the competitive service, after approval by the Office of Personnel Management; or (2) the minimum rate of basic pay for the position has been increased under section 5305 of this title. (c) A request by appropriate authority for the authorization, or the authorization and approval, as the case may be, required by subsection (b)(1) of this section shall be accompanied by a statement which shows the actions taken to assure that—(1) full consideration, in accordance with placement and promotion procedures of the department concerned, was given to eligible career employees; (2) when selection is by other than certification from an established civil service register, the vacancy has been publicized to give interested candidates an opportunity to apply; (3) qualification requirements for the position have not been written in a manner designed to give advantage to the retired member; and (4) the position has not been held open pending the retirement of the retired member.

5 U.S.C. § 3327 Civil service employment information

(a) The Office of Personnel Management shall provide that information concerning opportunities to participate in competitive examinations conducted by, or under authority delegated by, the Office of Personnel Management shall be made available to the employment offices of the United States Employment Service. (b) Subject to such regulations as the Office may issue, each agency shall promptly notify the Office and the employment offices of the United States Employment Service of—(1) each vacant position in the agency which is in the competitive service or the Senior Executive Service and for which the agency seeks applications from persons outside the Federal service, and (2) the period during which applications will be accepted. As used in this subsection, “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. (c) The Office of Personnel Management may authorize the Department of Defense to use flexible outreach methods, including curated prospect sourcing, provided that all hiring opportunities remain publicly accessible and merit-based.

5 U.S.C. § 3328 Selective Service registration

(a) An individual—(1) who was born after December 31, 1959, and is or was required to register under section 3 of the Military Selective Service Act (50 U.S.C. 3802) and (2) who is not so registered or knowingly and willfully did not so register before the requirement terminated or became inapplicable to the individual, shall be ineligible for appointment to a position in an Executive agency. (b) Subsection (a) shall not apply to an individual—(1) who is a veteran; (2) who provides evidence of active duty service to the Executive agency in which the individual seeks an appointment; and (3) for whom the requirement to register under section 3 of the Military Selective Service Act (50 U.S.C. 3802) has terminated or is now inapplicable due to age. (c) The Office of Personnel Management, in consultation with the Director of the Selective Service System, shall prescribe regulations to carry out this section. Such regulations shall include provisions prescribing procedures for the adjudication of determinations of whether a failure to register was knowing and willful. Such procedures shall require that such a determination may not be made if the individual concerned shows by a preponderance of the evidence that the failure to register was neither knowing nor willful. Such procedures may provide that determinations of eligibility under the requirements of this section shall be adjudicated by the Executive agency making the appointment for which the eligibility is determined. (d) In this section, the terms “active duty” and “veteran” have the meaning given those terms in section 101 of title 38.

5 U.S.C. § 3329 Appointments of military reserve technicians to positions in the competitive service

(a) For the purpose of this section, the term “military reserve technician” has the meaning given the term “military technician (dual status)” by section 8401(30). (b) The Secretary of Defense shall take such steps as may be necessary to ensure that, except as provided in subsection (d), any military reserve technician who is involuntarily separated from technician service, after completing at least 15 years of such service and 20 years of service creditable under section 12732 of title 10, by reason of ceasing to satisfy the condition described in section 8401(30)(B) 11 See References in Text note below. shall, if appropriate written application is submitted within 1 year after the date of separation, be provided placement consideration in a position described in subsection (c) through a priority placement program of the Department of Defense. (c)(1) The position for which placement consideration shall be provided to a former military technician under subsection (b) shall be a position—(A) in either the competitive service or the excepted service; (B) within the Department of Defense; and (C) in which the person is qualified to serve, taking into consideration whether the employee in that position is required to be a member of a reserve component of the armed forces as a condition of employment. (2) To the maximum extent practicable, the position shall also be in a pay grade or other pay classification sufficient to ensure that the rate of basic pay of the former military technician, upon appointment to the position, is not less than the rate of basic pay last received by the former military technician for technician service before separation. (d) This section shall not apply in the case of—(1) an involuntary separation for cause on charges of misconduct or delinquency; or (2) a technician who, as of the date of application under this section, is eligible for immediate (including for disability) or early retirement under subchapter III of chapter 83 or under chapter 84. (e) The Secretary of Defense shall, in consultation with the Director of the Office of Personnel Management, prescribe such regulations as may be necessary to carry out this section.

5 U.S.C. § 3330 Government-wide list of vacant positions

(a) For the purpose of this section, the term “agency” means an Executive agency, excluding the Government Accountability Office and any agency (or unit thereof) whose principal function is the conduct of foreign intelligence or counterintelligence activities, as determined by the President. (b) The Office of Personnel Management shall establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency that are to be filled by appointment for more than one year and for which applications are being (or will soon be) accepted from outside the agency’s work force. (c) Included for any position listed shall be—(1) a brief description of the position, including its title, tenure, location, and rate of pay; (2) application procedures, including the period within which applications may be submitted and procedures for obtaining additional information; and (3) any other information which the Office considers appropriate. (d) The list shall be available to members of the public. (e) The Office shall prescribe such regulations as may be necessary to carry out this section. Any requirement under this section that agencies notify the Office as to the availability of any vacant positions shall be designed so as to avoid any duplication of information otherwise required to be furnished under section 3327 of this title or any other provision of law. (f) The Office may, to the extent it determines appropriate, charge such fees to agencies for services provided under this section and for related Federal employment information. The Office shall retain such fees to pay the costs of providing such services and information.

5 U.S.C. § 3330a Preference eligibles; administrative redress

(a)(1)(A) A preference eligible who alleges that an agency has violated such individual’s rights under any statute or regulation relating to veterans’ preference may file a complaint with the Secretary of Labor. (B) A veteran described in section 3304(l)(1) who alleges that an agency has violated such section with respect to such veteran may file a complaint with the Secretary of Labor. (2)(A) A complaint under this subsection must be filed within 60 days after the date of the alleged violation. (B) Such complaint shall be in writing, be in such form as the Secretary may prescribe, specify the agency against which the complaint is filed, and contain a summary of the allegations that form the basis for the complaint. (3) The Secretary shall, upon request, provide technical assistance to a potential complainant with respect to a complaint under this subsection. (b)(1) The Secretary of Labor shall investigate each complaint under subsection (a). (2) In carrying out any investigation under this subsection, the Secretary’s duly authorized representatives shall, at all reasonable times, have reasonable access to, for purposes of examination, and the right to copy and receive, any documents of any person or agency that the Secretary considers relevant to the investigation. (3) In carrying out any investigation under this subsection, the Secretary may require by subpoena the attendance and testimony of witnesses and the production of documents relating to any matter under investigation. In case of disobedience of the subpoena or contumacy and on request of the Secretary, the Attorney General may apply to any district court of the United States in whose jurisdiction such disobedience or contumacy occurs for an order enforcing the subpoena. (4) Upon application, the district courts of the United States shall have jurisdiction to issue writs commanding any person or agency to comply with the subpoena of the Secretary or to comply with any order of the Secretary made pursuant to a lawful investigation under this subsection and the district courts shall have jurisdiction to punish failure to obey a subpoena or other lawful order of the Secretary as a contempt of court. (c)(1)(A) If the Secretary of Labor determines as a result of an investigation under subsection (b) that the action alleged in a complaint under subsection (a) occurred, the Secretary shall attempt to resolve the complaint by making reasonable efforts to ensure that the agency specified in the complaint complies with applicable provisions of statute or regulation relating to veterans’ preference. (B) The Secretary of Labor shall make determinations referred to in subparagraph (A) based on a preponderance of the evidence. (2) If the efforts of the Secretary under subsection (b) with respect to a complaint under subsection (a) do not result in the resolution of the complaint, the Secretary shall notify the person who submitted the complaint, in writing, of the results of the Secretary’s investigation under subsection (b). (d)(1) If the Secretary of Labor is unable to resolve a complaint under subsection (a) within 60 days after the date on which it is filed, the complainant may elect to appeal the alleged violation to the Merit Systems Protection Board in accordance with such procedures as the Merit Systems Protection Board shall prescribe, except that in no event may any such appeal be brought—(A) before the 61st day after the date on which the complaint is filed; or (B) later than 15 days after the date on which the complainant receives written notification from the Secretary under subsection (c)(2). (2) An appeal under this subsection may not be brought unless—(A) the complainant first provides written notification to the Secretary of such complainant’s intention to bring such appeal; and (B) appropriate evidence of compliance with subparagraph (A) is included (in such form and manner as the Merit Systems Protection Board may prescribe) with the notice of appeal under this subsection. (3) Upon receiving notification under paragraph (2)(A), the Secretary shall not continue to investigate or further attempt to resolve the complaint to which the notification relates. (e)(1) This section shall not be construed to prohibit a preference eligible from appealing directly to the Merit Systems Protection Board from any action which is appealable to the Board under any other law, rule, or regulation, in lieu of administrative redress under this section. (2) A preference eligible may not pursue redress for an alleged violation described in subsection (a) under this section at the same time the preference eligible pursues redress for such violation under any other law, rule, or regulation.

5 U.S.C. § 3330b Preference eligibles; judicial redress

(a) In lieu of continuing the administrative redress procedure provided under section 3330a(d), a preference eligible, or a veteran described by section 3330a(a)(1)(B) with respect to a violation described by such section, may elect, in accordance with this section, to terminate those administrative proceedings and file an action with the appropriate United States district court not later than 60 days after the date of the election. (b) An election under this section may not be made—(1) before the 121st day after the date on which the appeal is filed with the Merit Systems Protection Board under section 3330a(d); or (2) after the Merit Systems Protection Board has issued a judicially reviewable decision on the merits of the appeal. (c) An election under this section shall be made, in writing, in such form and manner as the Merit Systems Protection Board shall by regulation prescribe. The election shall be effective as of the date on which it is received, and the administrative proceeding to which it relates shall terminate immediately upon the receipt of such election.

5 U.S.C. § 3330c Preference eligibles; remedy

(a) If the Merit Systems Protection Board (in a proceeding under section 3330a) or a court (in a proceeding under section 3330b) determines that an agency has violated a right described in section 3330a, the Board or court (as the case may be) shall order the agency to comply with such provisions and award compensation for any loss of wages or benefits suffered by the individual by reason of the violation involved. If the Board or court determines that such violation was willful, it shall award an amount equal to backpay as liquidated damages. (b) A preference eligible who prevails in an action under section 3330a or 3330b shall be awarded reasonable attorney fees, expert witness fees, and other litigation expenses.

5 U.S.C. § 3330d Appointment of military and Department of Defense, Department of State, and intelligence community spouses

(a) Definitions.—In this section:(1) The term “active duty”—(A) has the meaning given that term in section 101(d)(1) of title 10; (B) includes full-time National Guard duty (as defined in section 101(d)(5) of title 10); and (C) for a member of a reserve component (as described in section 10101 of title 10), does not include training duties or attendance at a service school. (2) The term “agency”—(A) has the meaning given the term “Executive agency” in section 105 of this title; and (B) does not include the Government Accountability Office. (3) The term “covered spouse” means an individual who is married to an individual who—(A)(i) is an employee of the Department of State or an element of the intelligence community; or (ii) is a member of the Armed Forces who is assigned to an element of the intelligence community; and (B) is transferred in the interest of the Government from one official station within the applicable agency to another within the agency (that is outside of normal commuting distance) for permanent duty. (4) The term “intelligence community” has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (5) The term “remote work” refers to a work flexibility arrangement under which an employee—(A) is not expected to physically report to the location from which the employee would otherwise work, considering the position of the employee; and (B) performs the duties and responsibilities of such employee’s position, and other authorized activities, from an approved worksite—(i) other than the location from which the employee would otherwise work; (ii) that may be inside or outside the local commuting area of the location from which the employee would otherwise work; and (iii) that is typically the residence of the employee. (6) The term “spouse of a disabled or deceased member of the Armed Forces” means an individual—(A) who is married to a member of the Armed Forces who—(i) is retired, released, or discharged from the Armed Forces; and (ii) on the date on which the member retires, is released, or is discharged, has a disability rating of 100 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or (B) who—(i) was married to a member of the Armed Forces on the date on which the member dies while on active duty in the Armed Forces; and (ii) has not remarried. (7) The term “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. (8) The term “telework” has the meaning given the term in section 6501. (b) Appointment Authority.—The head of an agency may appoint noncompetitively—(1) a spouse of a member of the Armed Forces on active duty; (2) a spouse of a disabled or deceased member of the Armed Forces; (3) a spouse of a member of the Armed Forces on active duty, or a spouse of a disabled or deceased member of the Armed Forces, to a position in which the spouse will engage in remote work; (4) a spouse of an employee of the Department of Defense, including to a position in which the spouse will engage in remote work; or (5) a covered spouse to a position in which the covered spouse will engage in remote work. (c) Special Rules Regarding Spouse of a Disabled or Deceased Member of the Armed Forces.—(1) In general.—An appointment of an eligible spouse as described in subparagraph (A) or (B) of subsection (a)(4) 11 See References in Text note below. is not restricted to a geographical area. (2) Single permanent appointment.—A spouse of a disabled or deceased member of the Armed Forces may not receive more than 1 permanent appointment under this section.

5 U.S.C. § 3330e Review of official personnel file of former Federal employees before rehiring

(a) If a former Government employee is a candidate for a position within the competitive service or the excepted service, prior to making any determination with respect to the appointment or reinstatement of such employee to such position, the appointing authority shall review and consider merit-based information relating to such employee’s former period or periods of service such as official personnel actions, employee performance ratings, and disciplinary actions, if any, in such employee’s official personnel record file. (b) In subsection (a), the term “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. (c) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this section. Such regulations may not contain provisions that would increase the time required for agency hiring actions.

5 U.S.C. § 3330f Government policy and supporting position data

(a) Definitions.—In this section:(1) Agency.—The term “agency” means—(A) any Executive agency, the United States Postal Service, and the Postal Regulatory Commission; (B) the Architect of the Capitol, the Government Accountability Office, the Government Publishing Office, and the Library of Congress; and (C) the Executive Office of the President and any component within that Office (including any successor component), including—(i) the Council of Economic Advisors; (ii) the Council on Environmental Quality; (iii) the National Security Council; (iv) the Office of the Vice President; (v) the Office of Policy Development; (vi) the Office of Administration; (vii) the Office of Management and Budget; (viii) the Office of the United States Trade Representative; (ix) the Office of Science and Technology Policy; (x) the Office of National Drug Control Policy; and (xi) the White House Office, including the White House Office of Presidential Personnel. (2) Appointee.—The term “appointee”—(A) means an individual serving in a policy and supporting position; and (B) includes an individual serving in such a position temporarily in an acting capacity in accordance with—(i) sections 3345 through 3349d (commonly referred to as the “Federal Vacancies Reform Act of 1998”); (ii) any other statutory provision described in section 3347(a)(1); or (iii) a Presidential appointment described in section 3347(a)(2). (3) Covered website.—The term “covered website” means the website established and maintained by the Director under subsection (b). (4) Director.—The term “Director” means the Director of the Office of Personnel Management. (5) Policy and supporting position.—The term “policy and supporting position”—(A) means any position at an agency, as determined by the Director, that, but for this section and section 2(b)(3) of the PLUM Act of 2022, would be included in the publication entitled “United States Government Policy and Supporting Positions”, (commonly referred to as the “Plum Book”); and (B) may include—(i) a position on any level of the Executive Schedule under subchapter II of chapter 53, or another position with an equivalent rate of pay; (ii) a general position (as defined in section 3132(a)(9)) in the Senior Executive service; (iii) a position in the Senior Foreign Service; (iv) a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulation; and (v) any other position classified at or above level GS–14 of the General Schedule (or equivalent) that is excepted from the competitive service by law because of the confidential or policy-determining nature of the position duties. (b) Establishment of Website.—Not later than 1 year after the date of enactment of the PLUM Act of 2022, the Director shall establish, and thereafter the Director shall maintain, a public website containing the following information for the President in office on the date of establishment and for each subsequent President:(1) Each policy and supporting position in the Federal Government, including any such position that is vacant. (2) The name of each individual who—(A) is serving in a position described in paragraph (1); or (B) previously served in a position described in such paragraph under the applicable President. (3) Information on—(A) any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3134 or the total number of positions under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; and (B) the total number of individuals occupying such positions. (c) Contents.—With respect to any policy and supporting position listed on the covered website, the Director shall include—(1) the agency, and agency component, (including the agency and bureau code used by the Office of Management and Budget) in which the position is located; (2) the name of the position; (3) the name of the individual occupying the position (if any); (4) the geographic location of the position, including the city, State or province, and country; (5) the pay system under which the position is paid; (6) the level, grade, or rate of pay; (7) the term or duration of the appointment (if any); (8) the expiration date, in the case of a time-limited appointment; (9) a unique identifier for each appointee; (10) whether the position is vacant; and (11) for any position that is vacant—(A) for a position for which appointment is required to be made by the President, by and with the advice and consent of the Senate, the name of the acting official; and (B) for other positions, the name of the official performing the duties of the vacant position. (d) Current Data.—For each agency, the Director shall indicate in the information on the covered website the date that the agency last updated the data. (e) Format.—The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44. (f) Authority of Director.—(1) Information required.—Each agency shall provide to the Director any information that the Director determines necessary to establish and maintain the covered website, including the information uploaded under paragraph (4). (2) Requirements for agencies.—Not later than 1 year after the date of enactment of the PLUM Act of 2022, the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including—(A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable; (B) data quality assurance methods; and (C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4). (3) Public accountability.—The Director shall identify on the covered website any agency that has failed to provide—(A) the information required by the Director; (B) complete, accurate, and reliable information; or (C) the information during the timeframe specified by the Director. (4) Annual updates.—(A) In general.—Not later than 90 days after the date on which the covered website is established, and not less than once during each year thereafter, the head of each agency shall upload to the covered website updated information (if any) on—(i) the policy and supporting positions in the agency; (ii) the appointees occupying such positions in the agency; and (iii) the former appointees who served in such positions in the agency under the President then in office. (B) Supplement not supplant.—Information provided under subparagraph (A) shall supplement, not supplant, previously provided information under that subparagraph. (5) Opm help desk.—The Director shall establish a central help desk, to be operated by not more than 1 full-time employee, to assist any agency with implementing this section. (6) Coordination.—The Director may designate 1 or more agencies to participate in the development, establishment, operation, and support of the covered website. With respect to any such designation, the Director may specify the scope of the responsibilities of the agency so designated. (7) Data standards and timing.—The Director shall make available on the covered website information regarding data collection standards, quality assurance methods, and time frames for reporting data to the Director. (8) Regulations.—The Director may prescribe regulations necessary for the administration of this section. (g) Responsibility of Agencies.—(1) Provision of information.—Each agency shall comply with the instructions and guidance issued by the Director to carry out this section, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2). (2) Ensuring completeness, accuracy, and reliability.—With respect to any submission of information described in paragraph (1), the head of an agency shall include—(A) an explanation of how the agency ensured the information is complete, accurate, and reliable; and (B) a certification that the information is complete, accurate, and reliable. (h) Information Verification.—(1) Confirmation.—(A) In general.—On the date that is 90 days after the date on which the covered website is established, the Director, in coordination with the White House Office of Presidential Personnel, shall confirm that the information on the covered website is complete, accurate, reliable, and up-to-date. (B) Certification.—On the date on which the Director makes a confirmation under subparagraph (A), the Director shall publish on the covered website a certification that the confirmation has been made. (2) Authority of director.—In carrying out paragraph (1), the Director may—(A) request additional information from an agency; and (B) use any additional information provided to the Director or the White House Office of Presidential Personnel for the purposes of verification. (3) Public comment.—The Director shall establish a process under which members of the public may provide feedback regarding the accuracy of the information on the covered website. (i) Data Archiving.—(1) In general.—As soon as practicable after a transitional inauguration day (as defined in section 3349a), the Director, in consultation with the Archivist of the United States, shall archive the data that was compiled on the covered website for the preceding presidential administration. (2) Public availability.—The Director shall make the data described in paragraph (1) publicly available over the internet—(A) on, or through a link on, the covered website; (B) at no cost; and (C) in a searchable, sortable, downloadable, and machine-readable format.

5 U.S.C. § 3330g DOD use of shared talent pools and structured assessments

(a) Shared Talent Pools.—The Department of Defense may share certificates of eligibles and curated prospect pools within the Department. Certificates issued under this authority shall remain valid for not less than one year from the date of issuance, subject to agency-specific qualification checks. (b) Structured Assessments.—The Department of Defense shall use validated structured interviews, technical evaluations, or other skills-based assessments as part of the hiring process for competitive service positions at the Department, in accordance with regulations prescribed by the Office of Personnel Management.

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