5 U.S.C. § 3317 — Competitive service; certification from

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 AMENDMENTS 1979—Subsec. (a). Pub. L. 96–54, § 2(a)(14), substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Subsec. (b). Pub. L. 96–54, § 2(a)(15), substituted ‘‘Of- fice’’ for ‘‘Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. [§ 3315a. Repealed. Pub. L. 93–416, § 22(c), Sept. 7, 1974, 88 Stat. 1150] Section, added Pub. L. 90–83 § 1(9)(A), Sept. 11, 1967, 81 Stat. 197, related to registration by Civil Service Com- mission of employees receiving compensation for inju- ries for certification for appointment to vacant posi- tions. § 3316. Preference eligibles; reinstatement On request of an appointing authority, a pref- erence eligible who has resigned or who has been dismissed or furloughed may be certified for, and appointed to, a position for which he is eli- gible in the competitive service, an Executive agency, or the government of the District of Co- lumbia. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 421.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 862. June 27, 1944, ch. 287, § 13, 58 Stat. 390. The word ‘‘authority’’ is substituted for ‘‘officer’’ in recognition of the several appointing authorities named in section 2105(a)(1). The words ‘‘in the competitive service, an Executive agency, or the government of the District of Columbia’’ are substituted for ‘‘in the civil service, Federal, or District of Columbia, or in any establishment, agency, bureau, administration, project, or department, tem- porary or permanent’’ on authority of former section 869. 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. § 3317. Competitive service; certification from registers (a) The Office of Personnel Management shall certify enough names from the top of the appro- priate register to permit a nominating or ap- pointing authority who has requested a certifi- cate of eligibles to consider at least three names for appointment to each vacancy in the competi- tive 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, cer- tification of the preference eligible for appoint- ment may be discontinued. However, the pref- erence eligible is entitled to advance notice of discontinuance of certification. (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.) REPEAL AND REENACTMENT OF SECTION Pub. L. 115–232, div. A, title XI, § 1107(a), (d), Aug. 13, 2018, 132 Stat. 2002, 2005, provided that, effective on the date on which the Director of the Office of Personnel Management issues final regulations for implementation, with such regu- lations due not later than one year after Aug. 13, 2018, this section is repealed and a new sec- tion 3317 is enacted to read as follows: § 3317. Competitive service; certification using numerical ratings (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 ex- amining 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 regula- tions prescribed under subsection (c), and pro- vide a certificate with such names to an ap- pointing authority that has requested a cer- tificate 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 Page 393 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3318 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 reg- ister, 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 discontinu- ance of certification. (c) REGULATIONS.—The Director shall prescribe regulations for the administration of this sec- tion. Such regulations shall include the estab- lishment of mechanisms for identifying the eli- gibles who will be considered for each vacancy. Such mechanisms may include cut-off scores. (d) DEFINITION.—In this section, the term ‘‘Di- rector’’ means the Director of the Office of Per- sonnel Management. HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 857 (1st sen- tence and 2d pro- viso). June 27, 1944, ch. 287, § 8 (1st sentence and 2d proviso), 58 Stat. 389. In subsection (a), the word ‘‘authority’’ is substituted for ‘‘officer’’ in recognition of the several appointing authorities named in section 2105(a)(1). The words ‘‘in the competitive service’’ have been added for clarity. Application of the section to the excepted service in the executive branch and to the government of the Dis- trict of Columbia, as provided in former section 858, is carried into section 3320. In subsection (b), the word ‘‘thereafter’’ is omitted as unnecessary. 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 AMENDMENTS 1979—Subsec. (a). Pub. L. 96–54, § 2(a)(14), substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Subsec. (b). Pub. L. 96–54, § 2(a)(15), amended subsec. (b) in same manner as amendment by Pub. L. 95–454. See 1978 Amendment note set out below. 1978—Subsec. (b). Pub. L. 95–454 which purported to amend section 3317b of this title by substituting ‘‘Of- fice’’ for ‘‘Commission’’ was executed to subsec. (b) of this section as the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT 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 sec- tion [enacting this section and section 3318 of this title, amending sections 3319 and 3320 of this title, and re- pealing this section and section 3318 of this title] shall take effect on the date on which the Director of the Of- fice of Personnel Management issues final regulations to implement sections 3317, 3318, and 3319 of title 5, United States Code, as amended or added by this sec- tion. ‘‘(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].’’ EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. § 3318. Competitive service; selection from cer- tificates (a) The nominating or appointing authority shall select for appointment to each vacancy from the highest three eligibles available for ap- pointment on the certificate furnished under section 3317(a) of this title, 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 certifi- cate of eligibles under section 3317(a), an ap- pointing authority other than the appointing authority requesting the certificate (in this subsection referred to as the ‘‘other appoint- ing authority’’) may select an individual from that certificate in accordance with this sub- section for an appointment to a position that is— (A) in the same occupational series as the position for which the certification of eligi- bles 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 au- thority only if the announcement of the origi- nal position provided notice that the resulting list of eligible candidates may be used by an- other appointing authority. (3) REQUIREMENTS.—The selection of an indi- vidual under paragraph (1)— (A) shall be made in accordance with sub- section (a); and (B) subject to paragraph (4), may be made without any additional posting under sec- tion 3327. (4) INTERNAL NOTICE.—Before selecting an in- dividual under paragraph (1), and subject to the requirements of any collective bargaining obligation of the other appointing authority, the other appointing authority shall— (A) provide notice of the available position to employees of the other appointing author- ity; (B) provide up to 10 business days for em- ployees of the other appointing authority to apply for the position; and (C) review the qualifications of employees submitting an application. (5) COLLECTIVE BARGAINING OBLIGATIONS.— Nothing in this subsection limits any collec-