§3317 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Director of the Office of Personnel Management, or an agency head given that power, must send a list of enough top-ranked candidates from the proper register when a hiring office asks to fill a competitive service job. Unless rules say otherwise, the list must include at least three names. If a hiring office has passed over a preference eligible three times, the Director or agency head may stop sending that person’s name, but must give notice before doing so. The Director must make rules for how to pick eligibles, such as using cut-off scores. Director — the Director of the Office of Personnel Management.

Title 5, §3317

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)The Director of the Office of Personnel Management, or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), shall certify a sufficient number of names from the top of the appropriate register or list of eligibles, as determined pursuant to regulations prescribed under subsection (c), and provide a certificate with such names to an appointing authority that has requested a certificate of eligibles to consider when filling a job in the competitive service.

(2)Unless otherwise provided for in regulations prescribed under subsection (c), the number of names certified under paragraph (1) shall be not less than three.

(b)When an appointing authority, for reasons considered sufficient by the Director or head of an agency, has three times considered and passed over a preference eligible who was certified from a register, the Director or head of any agency may discontinue certifying the preference eligible for appointment. The Director or the head of an agency shall provide to such preference eligible notice of the intent to discontinue certifying such preference eligible prior to the discontinuance of certification.

(c)The Director shall prescribe regulations for the administration of this section. Such regulations shall include the establishment of mechanisms for identifying the eligibles who will be considered for each vacancy. Such mechanisms may include cut-off scores.

(d)In this section, the term “Director” means the Director of the Office of Personnel Management.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3317, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 421; Pub. L. 95–454, title IX, § 906(a)(3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382, which related to competitive service; certification from registers, was repealed by Pub. L. 115–232, div. A, title XI, § 1107(a), (d), Aug. 13, 2018, 132 Stat. 2002, 2005, eff. Nov. 7, 2025.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 115–232, div. A, title XI, § 1107(d), Aug. 13, 2018, 132 Stat. 2005, provided that: “(1) In general.—The

Amendments

made by this section [enacting this section and section 3318 of this title, amending section 3319 and 3320 of this title, and repealing this section and section 3318 of this title] shall take effect on the date on which the Director of the Office of Personnel Management issues final

Regulations

to implement section 3317, 3318, and 3319 of title 5, United States Code, as amended or added by this section. “(2)

Regulations

required.—The Director shall issue

Regulations

under paragraph (1) not later than one year after the date of enactment of this section [Aug. 13, 2018].[Final rule issued Sept. 8, 2025, eff. Nov. 7, 2025, see 90 F.R. 43135.]”

§3317 Competitive Service; Certification Using Numerical Ratings

Summary

Title 5, §3317

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Regulations

Regulations

Regulations

Citations & Metadata