§ 3318. Competitive service; selections using numerical ratings

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title XI § 1107(a) · 132 Stat. 1636

   Enacted · 5 U.S.C. § 3318

   (Added Pub. L. 115–232, div. A, title XI, § 1107(a), Aug. 13, 2018, 132 Stat. 2003.)

   Source evidence

   Code source credit
   (Added Pub. L. 115–232, div. A, title XI, § 1107(a), Aug. 13, 2018, 132 Stat. 2003.)

   Enacted provision · exact public law section
   (a) Expanded Flexibility.— Subchapter I of chapter 33 of title 5, United States Code, is amended by striking sections 3317 and 3318 and inserting the following: “§ 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. “§ 3318. Competitive service; selections using numerical ratings “(a) In General.— An appointing authority shall select for appointment from the eligibles certified for appointment on a certificate furnished under section 3317(a), unless objection to one or more of the individuals certified is made to, and sustained by, 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), for proper and adequate reason under regulations prescribed by the Director. “(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 individual under paragraph (1), the other appointing authority shall— “(A) provide notice of the available position to employees of the other appointing authority; “(B) provide up to 10 business days for employees of the other appointing authority to apply for the position; and “(C) review the qualifications of employees submitting an application. “(c) Pass Over.— “(1) In general.— Subject to subparagraph (2), if an appointing authority proposes to pass over a preference eligible certified for appointment under subsection (a) and select an individual who is not a preference eligible, the appointing authority shall file written reasons with the Director or the head of the agency for passing over the preference eligible. The Director or the head of the agency shall make the reasons presented by the appointing authority part of the record of the preference eligible and may require the submission of more detailed information from the appointing authority in support of the passing over of the preference eligible. The Director or the head of the agency shall determine the sufficiency or insufficiency of the reasons submitted by the appointing authority, taking into account any response received from the preference eligible under paragraph (2). When the Director or the head of the agency has completed review of the proposed pass-over of the preference eligible, the Director or the head of the agency shall send its findings to the appointing authority and to the preference eligible. The appointing authority shall comply with the findings. “(2) Preference eligible individuals who have a compensable service-connected disability.— In the case of a preference eligible described in section 2108(3)(C) who has a compensable service-connected disability of 30 percent or more, the appointing authority shall notify the Director under paragraph (1) and, at the same time, notify the preference eligible of the proposed pass-over, of the reasons for the proposed pass-over, and of the individual’s right to respond to those reasons to the Director within 15 days of the date of the notification. The Director shall, before completing the review under paragraph (1), require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address. “(3) Further consideration not required.— When a preference eligible, for reasons considered sufficient by the Director, or in the case of a preference eligible described in paragraph (1), by the head of an agency, has been passed over in accordance with this subsection for the same position, the appointing authority is not required to give further consideration to that preference eligible while selecting from the same list for a subsequent appointment to such position. “(4) Delegation prohibition.— In the case of a preference eligible described in paragraph (2), the functions of the Director under this subsection may not be delegated to an individual who is not an officer or employee of the Office of Personnel Management. “(d) Special Rule Regarding Reemployment Lists.— When the names of preference eligibles are on a reemployment list appropriate for the position to be filled, an appointing authority may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under subparagraph (C), (D), (E), (F), or (G) of section 2108(3). “(e) Consideration Not Required.— In accordance with regulations prescribed by the Director, an appointing officer is not required to consider an eligible who has been considered by the appointing officer for three separate appointments from the same or different certificates for the same position. “(f) Regulations.— The Director shall prescribe regulations for the administration of this section. “(d) Definition.— In this section, the term ‘Director’ means the Director of the Office of Personnel Management.” .

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