U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart B— Employment and Retention › Chapter CHAPTER 33— EXAMINATION, SELECTION, AND PLACEMENT › Subchapter SUBCHAPTER I— EXAMINATION, CERTIFICATION, AND APPOINTMENT

5 U.S.C. § 3317

Competitive service; certification using numerical ratings

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§ 2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382, which related to competitive service; certification from registers, was repealed by Pub.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

Notes of Decisions
Cited in 15 cases (7 in the last 5 years), 1984–2025 · leading case: Raymond G. Lackhouse v. Merit Sys. Prot. Bd., 734 F.2d 1471 (Fed. Cir. 1984).
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Raymond G. Lackhouse v. Merit Sys. Prot. Bd., 734 F.2d 1471 (Fed. Cir. 1984). · cites it 8× “The fundamental error committed by the board was its failure to determine compliance with the requirements of 5 U.S.C. §§ 3317 (b) and 3318(b), which require that the appointing authority file with OPM the reasons for a proposed pass over and that OPM shall determine the…”
Gingery v. Dep't of Def., 550 F.3d 1347 (Fed. Cir. 2008). · cites it 2× “" 5 U.S.C. § 3317 (2006) (Historical and Revision Notes).”
Marshall v. Dep't of Health & Human Servs., 587 F.3d 1310 (Fed. Cir. 2009). “§ 3318 ; (2) the reconstructed certificate of eligibles must contain at least three names for appointment in order for the appointing authority to validly make a selection for the GS-13 Budget Analyst position under 5 U.S.C. §§ 3317 and 3318; and (3) if the agency wishes to…”
Joyce A.H. KEYES v. Sec'y OF THE NAVY, 853 F.2d 1016 (1st Cir. 1988). “” 5 U.S.C. § 3317 (a). If a “preference eligible” is on the list, he or she cannot be “pass[ed] over” by the appointing authority in favor of a lower-ranked individual unless OPM, for good cause shown, acquiesces.”
Raymond G. Lackhouse v. Merit Sys. Prot. Bd., 773 F.2d 313 (Fed. Cir. 1985). “Nor was Lackhouse ever determined to be ineligible for further consideration under 5 U.S.C. § 3317 (b) (which calls for three "pass-overs” in favor of a non-veteran).”
Tracy Lee Kendall v. Sec'y, Dep't of Vets. Affairs, 682 F. App'x 761 (11th Cir. 2017). “§ 3318 , it was undisputed that such procedures were inapplicable in this case because Hanby was not certified as eligible for the position on a VRA certificate. As the HR officials explained, the "pass over” procedures did not apply unless two applicants with veterans'…”
Jolley v. Hud, No. 22-1882 (Fed. Cir. Aug. 11, 2023). · cites it 3× “Under the VEOA, he challenged the determination he was not qualified, dis- puted the qualifications of the applicant who was selected, argued the AJ erred by not requiring the agency to timely provide the list of candidates for the Charleston FOD an- nouncements, argued that HUD…”
Jolley v. Hud, No. 22-1882 (Fed. Cir. Aug. 11, 2023). · cites it 3× “Under the VEOA, he challenged the determination he was not qualified, dis- puted the qualifications of the applicant who was selected, argued the AJ erred by not requiring the agency to timely provide the list of candidates for the Charleston FOD an- nouncements, argued that HUD…”
Demery v. MSPB, No. 25-1157 (Fed. Cir. Nov. 4, 2025). · cites it 3× “5 U.S.C. §§ 3317–3318. Case: 25-1157 Document: 52 Page: 4 Filed: 11/04/2025 4 DEMERY v.”
Eric Williams v. Dep't of the Navy, No. AT-3330-17-0518-I-1 (MSPB Aug. 30, 2022). · cites it 2× “§ 3313 for failing to place his name on a certificate; under 5 U.S.C. § 3317 by failing to provide the hiring official three names for each individual vacancy; and under 5 U.”
Eric Williams v. Dep't of Def., No. AT-3330-18-0517-I-1 (MSPB Aug. 26, 2022). · cites it 2× “The administrative judge addressed this argument below, finding that, even if 5 U.S.C. § 3317 (a) were a veterans’ preference statute, the appellant did not show that the agency violated his veterans’ preference rights thereunder because he was not qualified for the position.”
Weed v. Soc. Sec. Admin., 367 F. App'x 144 (Fed. Cir. 2010). · cites it 2× “Weed asserts that the Board’s decision was not in accordance with law because the SSA’s reconstruction of the competitive process did not conform to the requirements of 5 U.S.C. § 3317 (a). The competitive examination process requires the agency to prepare a certified list of…”
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