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5 U.S.C. § 3317 — Competitive service; certification from registers
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Office of Personnel Management shall certify enough names from the top of the appropriate register to permit a nominating or appointing authority who has requested a certificate of eligibles to consider at least three names for appointment to each vacancy in the competitive service.
**(b)** When an appointing authority, for reasons considered sufficient by the Office, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of discontinuance of certification.
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Stable record: federal_law:legal_authorities:record_usc_8504dae3b0c4f9e9d6de7815
Source file: Laws/federal/codes/united-states-code/title-5/section-3317-competitive-service-certification-from-registers--ccdb0dbb8e.md
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Source location: Title 5, Chapter 33, § 3317; chapter-033-examination-selection-and-placement.md
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**(a)** The Office of Personnel Management shall certify enough names from the top of the appropriate register to permit a nominating or appointing authority who has requested a certificate of eligibles to consider at least three names for appointment to each vacancy in the competitive service.
**(b)** When an appointing authority, for reasons considered sufficient by the Office, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of discontinuance of certification.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section, “agency” means an Executive agency, but does not include—
(1) a Government controlled corporation;
(2) the Tennessee Valley Authority;
(3) the Virgin Islands Corporation;
(4) the Atomic Energy Commission;
(5) the Central Intelligence Agency;
(6) the Panama Canal Commission; or
(7) the National Security Agency, Department of Defense.
**(b)** Under regulations prescribed and administered by the President, each agency shall review systematically the operations of each of its activities, functions, or organization units, on a continuing basis.
**(c)** The purpose of the reviews includes—
(1) determining the degree of efficiency and economy in the operation of the agency’s activities, functions, or organization units;
(2) identifying the units that are outstanding in those respects; and
(3) identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 305
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The nominating or appointing authority shall select for appointment to each vacancy from the highest three eligibles available for appointment on the certificate furnished under [section 3317(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3317/a&num=0&edition=prelim), unless objection to one or more of the individuals certified is made to, and sustained by, the Office of Personnel Management for proper and adequate reason under regulations prescribed by the Office.
**(b) Other Appointing Authorities.—**
(1) **In general.—** — During the 240-day period beginning on the date of issuance of a certificate of eligibles under section 3317(a), an appointing authority other than the appointing authority requesting the certificate (in this subsection referred to as the “other appointing authority”) may select an individual from that certificate in accordance with this subsection for an appointment to a position that is—
(A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the “original position”); and
(B) at a similar grade level as the original position.
(2) **Applicability.—** — An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority.
(3) **Requirements.—** — The selection of an individual under paragraph (1)—
(A) shall be made in accordance with subsection (a); and
(B) subject to paragraph (4), may be made without any additional posting under section 3327.
(4) **Internal notice.—** — Before selecting an
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3318
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
**(c) Selection.—**
(1) **In general.—** — 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) **Use by other appointing officials.—** — Under regulations prescribed by the Office of Personnel Management, appointing officials other than the appointing official described in paragraph (1) (in this subsection referred to as the “other appointing official”) may select an applicant for an appointment to a position that is—
(A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the “original position”); and
(B) at a similar grade level as the original position.
(3) **Applicability.—** — An appointing authority requesting a cer
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3319
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3320
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Federal law — U.S. Code and appendices · legal_authorities
Page 392
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3315
§ 3315. Registers; preference eligibles furloughed
or separated
(a) A preference eligible who has been sepa-
rated or furloughed without delinquency or mis-
conduct, on request, is entitled to have his name
placed on appropriate registers and employment
lists for every position for which his qualifica-
tions have been established, in the order named
by section 3313 of this title. This subsection ap-
plies to registers and employment lists main-
tained by the Office of Personnel Management,
an Executive agency, or the government of the
District of Columbia.
(b) The Office may declare a preference eligi-
ble who has been separated or furloughed with-
out pay under section 7512 of this title to be en-
titled to the benefits of subsection (a) of this
section.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 420; Pub. L.
96–54, § 2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a) .............
5 U.S.C. 864 (1st sen-
tence).
June 27, 1944, ch. 287 § 15 (1st
sentence), 58 Stat. 391.
(b) .............
5 U.S.C. 863 (2d pro-
viso).
June 27, 1944, ch. 287, § 14 (2d
proviso), 58 Stat. 391.
In subsection (a), the term ‘‘Executive agency’’ is
substituted for ‘‘any agency or project of the Federal
Government’’ on authority of former section 869. The
last 28 words of the 1st sentence of former section 864
relating to recertification and reappointment are omit-
ted since under sections 3317 and 3318(a) certification
and appointment follow from placing on registers.
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
Editorial Notes
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3317
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