Title 5, Government Organization and EmployeesRelease 119-110

§3317 Competitive Service; Certification Using Numerical Ratings

Title 5 › PART III — EMPLOYEES › Subpart B — Employment and Retention › CHAPTER 33 — EXAMINATION, SELECTION, AND PLACEMENT › SUBCHAPTER I — EXAMINATION, CERTIFICATION, AND APPOINTMENT › § 3317

Last updated Sep 22, 2026|Official source

Summary

The Director of the Office of Personnel Management, or an agency head the Director has allowed, must give a hiring official a list of top names from the proper register when that official asks to fill a competitive-service job. Rules will say how many names to send and how eligibles are picked. Unless the rules say otherwise, at least three names must be supplied. If a hiring official has passed over a preference eligible three times for reasons the Director or agency head accepts, the Director or agency head may stop sending that person’s name after giving notice. The Director must write rules for how this works and may use methods like cut-off scores. Director — the Director of the Office of Personnel Management.

Full Legal Text

Title 5, §3317

Government Organization and Employees, Source: USLM XML via OLRC

(a)Certification.—
(1)In general.—
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)Minimum number of names certified.—
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)Discontinuance of Certification.—
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)Regulations.—
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)Definition.—
In this section, the term “Director” means the Director of the Office of Personnel Management.

Legislative History

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 certification from registers in the competitive service, was repealed by Pub. L. 115–232, div. A, title XI, § 1107(a), (d), Aug. 13, 2018, 132 Stat. 2002, 2005. See

Effective Date

note below.

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 published in Federal Register Sept. 8, 2025, eff. Nov. 7, 2025, see 90 F.R. 43135.]”

Reference

Citations & Metadata

Citation

5 U.S.C. § 3317

Title 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110