5 U.S.C. § 3330

Government-wide list of vacant positions

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(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.(Added Pub. L. 102–484, div. D, title XLIV, § 4431(a), Oct. 23, 1992, 106 Stat. 2719, § 3329; renumbered § 3330 and amended Pub. L. 104–52, title IV, § 4(1), Nov. 19, 1995, 109 Stat. 490; Pub. L. 104–106, div. A, title X, § 1037(b)(1), Feb. 10, 1996, 110 Stat. 432; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)Editorial NotesAmendments

2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

1996—Pub. L. 104–106, which directed renumbering of the section 3329 of this title that was added by Pub. L. 102–484, § 4431, as section 3330 of this title, could not be executed because of the intervening renumbering of that section by Pub. L. 104–52, § 4(1)(A). See 1995 Amendment note below.

1995—Pub. L. 104–52, § 4(1)(A), renumbered section 3329 of this title, relating to government-wide list of vacant positions, as this section.

Subsec. (f). Pub. L. 104–52, § 4(1)(B), added subsec. (f).

Notes of Decisions

Cited in 15 cases (3 in the last 5 years), 2003–2025 · leading case: Riller v. Fed. Deposit Ins., 818 F.3d 1361 (Fed. Cir. 2016).

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Riller v. Fed. Deposit Ins., 818 F.3d 1361 (Fed. Cir. 2016). “But the MSPB must assure that the veteran’s experience and work history were actually considered.”

Joseph v. Fed. Trade Comm'n, 505 F.3d 1380 (Fed. Cir. 2007). “After unsuccessfully challenging his non-appointment before the Department of Labor, pursuant to 5 U.S.C. § 3330 (a)(1), as violating his veterans’ preference rights, Joseph appealed his non-selection to the Board.”

Braun v. U.S. Dep't of the Interior, 288 F. Supp. 3d 293 (D.C. Cir. 2018). “§ 2108 ; 5 U.S.C. § 3330 ; 2 5 U.S.C. § 7203 ; the Americans with Disabilities Act of 1990; criminal statutes dealing with false statements ( 18 U.”

Patterson v. Off. of Pers. Mgmt., 111 F. App'x 590 (Fed. Cir. 2004). · cites it 2× “See Veterans Employment Opportunity Act of 1998, 5 U.S.C. § 3330 (a) (2000). Mr. Patterson further complained of discrimination forbidden by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERA), 38 U.”

Dean v. Dep't of the Air Force, 592 F. App'x 923 (Fed. Cir. 2014). “See 5 U.S.C. § 3330 ; 5 C.F.R. §§ 330.101-330.”

Young v. Fed. Mediation & Conciliation Serv., 66 F. App'x 858 (Fed. Cir. 2003). “He states that the applicable law is 5 U.S.C. § 3330 [sic: § 3330a] (a)(1), (2)(A-B) and (3) of the Veterans Employment Opportunities Act of 1998, and requests “immediate hiring to the applied for position” and other reme *860 dies.”

Demery v. MSPB (Fed. Cir. 2025). · cites it 3× “Dem- ery failed to file her complaint with the Department of La- bor within the 60-day statutory period under 5 U.S.C. § 3330 (a)(2)(A). Because the Board did not err in finding that Ms.”

Miller v. Fdic (Fed. Cir. 2016). “5 U.S.C. § 3330 (a). Under 5 U.S.C. § 3311 (2), when experi- ence is a factor in determining eligibility, preference eligible veterans are entitled to “credit” “for all experience material to the position.”

Braun v. U.S. Dep't of the Interior (D.D.C. 2018). “§ 2108 ; 5 U.S.C. § 3330 ;2 5 U.S.C. § 7203 ; the Americans with Disabilities Act of 1990; criminal statutes dealing with false statements ( 18 U.”

Jolley v. MSPB (Fed. Cir. 2018). “Among the requirements was 5 U.S.C. § 3330 (a)(1)(A)’s JOLLEY v. MSPB 5 need for the appellant to establish that he exhausted his Department of Labor administrative remedy before bring- ing an appeal to the Board.”

Richard Lee v. Dep't of Com. (MSPB 2024). “371 , ¶¶ 8-13 (2009) (applying the holding in Kirkendall and stating that the 60-day time limit for filing a complaint with the Secretary of Labor under 5 U.S.C. § 3330 (a)(2)(A) is not jurisdictional and is subject to equitable tolling).”

Demery v. MSPB (Fed. Cir. 2025). “MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________ Decided: November 4, 2025 Nonprecedential Opinion ______________________ Please make the following changes: On page 3, change “5 U.S.C. § 3330(a)(2)(A)” to “U.S.C. § 3330a(a)(2)(A)” On page 3, change “31–35” to…”

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— 5 U.S.C. § 3330(a)(2)(A) — 1 case

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