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5 U.S.C. § 3320 — Excepted service; government of the District of Columbia; selection
Federal law — U.S. Code and appendices · legal_authorities
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 3308–3318 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.
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Stable record: federal_law:legal_authorities:record_usc_c316c2021ef2e4033372990e
Source file: Laws/federal/codes/united-states-code/title-5/section-3320-excepted-service-government-of-the-district-of-columbia-selection--42c1b640fc.md
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Passage SHA-256: 4671074ce0e5e1fa255d1a220edb9e13669de54fe2265b56767d24f088e13dec
Source location: Title 5, Chapter 33, § 3320; chapter-033-examination-selection-and-placement.md
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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 3308–3318 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Director shall appoint and fix the compensation of necessary employees of the Administrative Office in accordance with the Administrative Office of the United States Courts Personnel Act of 1990.
**(b)** Notwithstanding any other law, the Director may appoint certified interpreters in accordance with [section 604(a)(16)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section604/a/16/B&num=0&edition=prelim) without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and General Schedule pay rates, but the compensation of any person appointed under this subsection shall not exceed the appropriate equivalent of the highest rate of pay payable for the highest grade established in the General Schedule, [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim).
**(c)** The Director may obtain personal services as authorized by [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim), at rates not to exceed the appropriate equivalent of the highest rate of pay payable for the highest grade established in the General Schedule, [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim).
**(d)** All functions of other officers and employees of the Administrative Office and all functions of organizational units of the Administrative Office are vested in the Director. The Director may delegate any of the Director’s functions, powers, duties, and authority (except the authority to promulgate rules and regulations) to such officers and employees of the judicial branc
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 602
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** To prevent duplication and to promote efficiency and economy, an officer or employee of—
(1) the United States Government may provide services to the District of Columbia government; and
(2) the District of Columbia government may provide services to the United States Government.
**(b)**
(1) Services under this section shall be provided under an agreement—
(A) negotiated by officers and employees of the 2 governments; and
(B) approved by the Director of the Office of Management and Budget and the Mayor of the District of Columbia.
(2) Each agreement shall provide that the cost of providing the services shall be borne in the way provided in subsection (c) of this section by the government to which the services are provided at rates or charges based on the actual cost of providing the services.
(3) To carry out an agreement made under this subsection, the agreement may provide for the delegation of duties and powers of officers and employees of—
(A) the District of Columbia government to officers and employees of the United States Government; and
(B) the United States Government to officers and employees of the District of Columbia government.
**(c)** In providing services under an agreement made under subsection (b) of this section—
(1) costs incurred by the United States Government may be paid from appropriations available to the District of Columbia government officer or employee to whom the services were provided; and
(2) costs incurred by the District of Columbia government may be paid from amounts available to the United States Government officer or employee to whom the services were provided.
**(d)** When requested by the Director of the United States Secret Service, the Chief of the Metropolitan Police shall assist the Secret Service
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1537
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3317
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Federal law — U.S. Code and appendices · legal_authorities
Page 397
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3320
reasons considered sufficient by the Director or
the head of an agency, has three times consid-
ered and passed over a preference eligible who
was certified from a register, certification of the
preference eligible for appointment may be dis-
continued. However, the preference eligible is
entitled to advance notice of discontinuance of
certification in accordance with regulations pre-
scribed by the Director.
See 2018 Amendment notes below.
Editorial Notes
REFERENCES IN TEXT
The General Schedule, referred to in subsec. (b), is set
out under section 5332 of this title.
PRIOR PROVISIONS
A prior section 3319, Pub. L. 89–554, Sept. 6, 1966, 80
Stat. 421, related to prohibitions on employment of
members of same family in the competitive service,
prior to repeal by Pub. L. 95–454, title III, § 307(h)(1),
title IX, § 907, Oct. 13, 1978, 92 Stat. 1149, 1227, effective
90 days after Oct. 13, 1978.
AMENDMENTS
2018—Pub.
L.
115–232,
§ 1107(b)(1)(A),
substituted
‘‘Competitive service; selection using category rating’’
for ‘‘Alternative ranking and selection procedures’’ in
section catchline.
Subsec. (c)(6). Pub. L. 115–232, § 1107(b)(1)(B), redesig-
nated par. (7) as (6) and amended it generally. Prior to
amendment, text read as follows: ‘‘Notwithstanding
paragraphs (1) and (2), an appointing official may not
pass over a preference eligible in the same category
from which selection is made, unless the requirements
of section 3317(b) and 3318(c), as applicable, are satis-
fied.’’
Pub. L. 115–232, § 1107(b)(1)(B), struck out par. (6). Text
read as follows: ‘‘Nothing in this subsection limits any
collective bargaining obligation of an agency under
chapter 71.’’
Subsec. (c)(7). Pub. L. 115–232
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3320
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