
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3320]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
        SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
 
Sec. 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 3308-3318 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 422.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 858.                 June 27, 1944, ch.
                                                    287, Sec.  9, 58
                                                    Stat. 389.
                     5 U.S.C. 869.                 June 27, 1944, ch.
                                                    287, Sec.  20, 58
                                                    Stat. 391.
------------------------------------------------------------------------

    Former sections 858 and 869 are combined and restated for clarity 
and to conform to section 3318(a). The word ``authority'' is substituted 
for ``officer'' in recognition of the several appointing authorities 
named in section 2105(a)(1). The words ``shall select for appointment to 
each vacancy in the expected 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'' are 
substituted for ``In the unclassified Federal, and District of Columbia, 
civil service, and in all other positions and employment hereinbefore 
referred to in (c) of section 851 of this title . . . shall make 
selection from the qualified applicants in accordance with the 
provisions of this chapter''. The reference to the excepted service ``in 
the executive branch'' is substituted for the exception of the 
legislative and judicial branches in former section 869. Former section 
869 did not prohibit the application of those provisions of the Act of 
June 27, 1944, which relate to the competitive service in the 
legislative or judicial branch by reason of the specific provisions of 
section 311 of the Act of June 10, 1921, as amended (31 U.S.C. 52); 28 
U.S.C. 602; and Executive Order No. 67 of June 13, 1895. The reference 
to appointments of postmasters is omitted from this section since those 
referred to are in the competitive service. The application of former 
section 869 to the remainder of the Act of June 27, 1944, is covered by 
the sections into which the remainder is carried (see Table I).
    This section merely continues, and does not in any way change, the 
requirements in former section 858 relative to the selection of 
applicants for positions in the excepted service. Under this section, 
the Federal Bureau of Investigation and other agencies having positions 
in the excepted service will continue to fill those positions in the 
same manner that they have been filled under former section 858. Such 
excepted appointments are appointments authorized to be made without 
regard to the statutes, rules, and regulations governing appointments in 
the competitive service and this is not changed.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


Assistance of United States Civil Service Commission in Developing Merit 
                     System for District of Columbia

    Pub. L. 93-198, title VII, Sec. 734, Dec. 24, 1973, 87 Stat. 823, 
authorized the United States Civil Service Commission to advise and 
assist the District of Columbia Mayor and Council in the further 
development of the merit system or systems required by the District of 
Columbia charter, which was approved on May 7, 1974, and authorized the 
Commission to enter into agreements with the District government to make 
available its registers of eligibles as a recruiting source to fill 
District positions as needed, with the costs of any specific services 
furnished by the Civil Service Commission to be compensated for under 
the provisions of section 685a of former Title 31, Money and Finance [31 
U.S.C. 1537].

                  Section Referred to in Other Sections

    This section is referred to in section 2302 of this title; title 22 
section 1438.
