(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.
(1)An appointing official may select any applicant in the highest quality category or, if fewer than 3 candidates have been assigned to the highest quality category, in a merged category consisting of the highest and the second highest quality categories.
(2)Notwithstanding paragraph (1), the appointing official may not pass over a preference-eligible in the same category from which selection is made, unless the requirements of section
3318(b), 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.
The General Schedule, referred to in subsec. (b), is set out under section
5332 of this title.
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.
Section effective 60 days after Nov. 25, 2002, see section 4 ofPub. L. 107–296, set out as a note under section
101 of Title
6, Domestic Security.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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