§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 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.

(Added Pub. L. 115–232, div. A, title XI, §1107(a), Aug. 13, 2018, 132 Stat. 2002 .)

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§2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382 , which related to competitive service; certification from registers, was repealed by Pub.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 sections 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 sections 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.]"