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5 U.S.C. § 3319 — Alternative ranking and selection procedures

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3319 — Alternative ranking and selection procedures

**(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 cer

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Stable record: federal_law:legal_authorities:record_usc_9cfe5fab2e34e155e652d097
Source file: Laws/federal/codes/united-states-code/title-5/section-3319-alternative-ranking-and-selection-procedures--9426cab52b.md
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Source location: Title 5, Chapter 33, § 3319; chapter-033-examination-selection-and-placement.md

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**(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) **Collective bargaining obligations.—** — Nothing in this subsection limits any collective bargaining obligation of an agency under chapter 71. (7) **Preference eligibles.—** — 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 11 So in original. 3317(b) and 1 3318(c), as applicable, are satisfied. **(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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3317 — Competitive service; certification from registers

**(a)** The Office of Personnel Management shall certify enough names from the top of the appropriate register to permit a nominating or appointing authority who has requested a certificate of eligibles to consider at least three names for appointment to each vacancy in the competitive service. **(b)** When an appointing authority, for reasons considered sufficient by the Office, 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.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5332 — The General Schedule

**(a)** (1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. (2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303. **(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1438 — Veterans’ preference

No provision of this chapter shall be construed to modify or to repeal the provisions of sections 1302(b), (c), 2108, 3305(b), 3306(a)(2), 3308 to 3318, 3319(b), 3320, 3351, 3363, 3364, 3501 to 3504, 7511, 7512, and 7701 of title 5.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 101 — Executive departments

The Executive departments are:

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Federal law — U.S. Code and appendices · legal_authorities

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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3319 — Alternative ranking and selection proce-

Page 395 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3319 thority 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 eligi- ble, the Director or the head of the agency shall send its findings to the appointing au- thority and to the preference eligible. The ap- pointing authority shall comply with the find- ings. (2) PREFERENCE ELIGIBLE INDIVIDUALS WHO HAVE A COMPENSABLE SERVICE-CONNECTED DIS- ABILITY.—In the case of a preference eligible described in section 2108(3)(C) who has a com- pensable service-connected disability of 30 per- cent 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 Direc- tor within 15 days of the date of the notifica- tion. The Director shall, before completing the review under paragraph (1), require a dem- onstration by the appointing authority that the notification was timely sent to the pref- erence eligible’s last known address. (3) FURTHER CONSIDERATION NOT REQUIRED.— When a preference eligible, for reasons consid- ered 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 requir

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