Certification.—
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.
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.
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.
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.
Definition .—
In this section, the term “Director” means the Director of the Office of Personnel Management.
Pub. L. 115–232, div. A, title XI, § 1107(a)132 Stat. 2002 (Added , , .)
Editorial Notes
Prior Provisions
Pub. L. 89–55480 Stat. 421 Pub. L. 95–454, title IX, § 906(a)(3)92 Stat. 1224 Pub. L. 96–54, § 2(a)(14)93 Stat. 382 Pub. L. 115–232, div. A, title XI, § 1107(a)132 Stat. 2002 A prior section 3317, , , ; , , ; , (15), , , which related to competitive service; certification from registers, was repealed by , (d), , , 2005, eff. .
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 115–232, div. A, title XI, § 1107(d)132 Stat. 2005
In general .—
section 3318 of this titlesection 3318 of this titleThe amendments made by this section [enacting this section and , amending sections 3319 and 3320 of this title, and repealing this section and ] 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.
Regulations required .—
The Director shall issue regulations under paragraph (1) not later than one year after the date of enactment of this section [].[Final rule issued , eff. , see 90 F.R. 43135.]”