---
kind: "section"
citation: "5 U.S.C. § 3318"
title: "5"
title_heading: "Government Organization and Employees"
number: "3318"
heading: "Competitive service; selections using numerical ratings"
release: "119-102"
url: "https://uscodex.org/usc/5/3318"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter I — Examination, Certification, and Appointment"
---

# §3318. Competitive service; selections using numerical ratings

- (a) **In General.—** An appointing [authority](/usc/5/7103.md?p=a-6) shall select for appointment from the eligibles certified for appointment on a certificate furnished under [section 3317(a)](/usc/5/3317.md?p=a), unless objection to one or more of the individuals certified is made to, and sustained by, the [Director](#d) of the Office of Personnel Management or the head of an [agency](/usc/5/500.md?p=a-1) to which the [Director](#d) has delegated examining [authority](/usc/5/7103.md?p=a-6) under [section 1104(a)(2)](/usc/5/1104.md?p=a-2), for proper and adequate reason under regulations prescribed by the [Director](#d).
- (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)](/usc/5/3317.md?p=a), an appointing [authority](/usc/5/7103.md?p=a-6) other than the appointing [authority](/usc/5/7103.md?p=a-6) requesting the certificate (in this subsection referred to as the “other appointing [authority](/usc/5/7103.md?p=a-6)”) may select an individual from that certificate in accordance with this subsection for an appointment to a [position](/usc/5/5531.md?p=2) that is—
    - (A) in the same occupational series as the [position](/usc/5/5531.md?p=2) for which the certification of eligibles was issued (in this subsection referred to as the “original [position](/usc/5/5531.md?p=2)”); and
    - (B) at a similar grade level as the original [position](/usc/5/5531.md?p=2).
  - (2) **Applicability.—** An appointing [authority](/usc/5/7103.md?p=a-6) requesting a certificate of eligibles may share the certificate with another appointing [authority](/usc/5/7103.md?p=a-6) only if the announcement of the original [position](/usc/5/5531.md?p=2) provided notice that the resulting list of eligible candidates may be used by another appointing [authority](/usc/5/7103.md?p=a-6).
  - (3) **Requirements.—** The selection of an individual under [paragraph (1)](#b-1)—
    - (A) shall be made in accordance with [subsection (a)](#a); and
    - (B) subject to [paragraph (4)](#b-4), may be made without any additional posting under [section 3327](/usc/5/3327.md).
  - (4) **Internal notice.—** Before selecting an individual under [paragraph (1)](#b-1), the other appointing [authority](/usc/5/7103.md?p=a-6) shall—
    - (A) provide notice of the available [position](/usc/5/5531.md?p=2) to [employees](/usc/5/5361.md?p=1) of the other appointing [authority](/usc/5/7103.md?p=a-6);
    - (B) provide up to 10 business days for [employees](/usc/5/5361.md?p=1) of the other appointing [authority](/usc/5/7103.md?p=a-6) to apply for the [position](/usc/5/5531.md?p=2); and
    - (C) review the qualifications of [employees](/usc/5/5361.md?p=1) submitting an application.
- (c) **Pass Over.—**
  - (1) **In general.—** Subject to [subparagraph (2)](#c-2), if an appointing [authority](/usc/5/7103.md?p=a-6) proposes to pass over a preference eligible certified for appointment under [subsection (a)](#a) and select an individual who is not a preference eligible, the appointing [authority](/usc/5/7103.md?p=a-6) shall file written reasons with the [Director](#d) or the head of the [agency](/usc/5/500.md?p=a-1) for passing over the preference eligible. The [Director](#d) or the head of the [agency](/usc/5/500.md?p=a-1) shall make the reasons presented by the appointing [authority](/usc/5/7103.md?p=a-6) part of the record of the preference eligible and may require the submission of more detailed information from the appointing [authority](/usc/5/7103.md?p=a-6) in support of the passing over of the preference eligible. The [Director](#d) or the head of the [agency](/usc/5/500.md?p=a-1) shall determine the sufficiency or insufficiency of the reasons submitted by the appointing [authority](/usc/5/7103.md?p=a-6), taking into [account](/usc/5/8401.md?p=1) any response received from the preference eligible under [paragraph (2)](#c-2). When the [Director](#d) or the head of the [agency](/usc/5/500.md?p=a-1) has completed review of the proposed pass-over of the preference eligible, the [Director](#d) or the head of the [agency](/usc/5/500.md?p=a-1) shall send its findings to the appointing [authority](/usc/5/7103.md?p=a-6) and to the preference eligible. The appointing [authority](/usc/5/7103.md?p=a-6) 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)](/usc/5/2108.md?p=3-C) who has a compensable [service](/usc/5/8331.md?p=12)-connected disability of 30 percent or more, the appointing [authority](/usc/5/7103.md?p=a-6) shall notify the [Director](#d) under [paragraph (1)](#c-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](#d) within 15 days of the date of the notification. The [Director](#d) shall, before completing the review under [paragraph (1)](#c-1), require a demonstration by the appointing [authority](/usc/5/7103.md?p=a-6) 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](#d), or in the case of a preference eligible described in [paragraph (1)](#c-1), by the head of an [agency](/usc/5/500.md?p=a-1), has been passed over in accordance with this subsection for the same [position](/usc/5/5531.md?p=2), the appointing [authority](/usc/5/7103.md?p=a-6) is not required to give further consideration to that preference eligible while selecting from the same list for a subsequent appointment to such [position](/usc/5/5531.md?p=2).
  - (4) **Delegation prohibition.—** In the case of a preference eligible described in [paragraph (2)](#c-2), the functions of the [Director](#d) under this subsection may not be delegated to an individual who is not an officer or [employee](/usc/5/5361.md?p=1) 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](/usc/5/5531.md?p=2) to be filled, an appointing [authority](/usc/5/7103.md?p=a-6) may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under subparagraph [(C)](/usc/5/2108.md?p=3-C), [(D)](/usc/5/2108.md?p=3-D), [(E)](/usc/5/2108.md?p=3-E), [(F)](/usc/5/2108.md?p=3-F), or [(G)](/usc/5/2108.md?p=3-G) of section 2108(3).
- (e) **Consideration Not Required.—** In accordance with regulations prescribed by the [Director](#d), 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](/usc/5/5531.md?p=2).
- (f) **Regulations.—** The [Director](#d) shall prescribe regulations for the administration of this section.
- (d) **[sic] Definition.—** In this section, the term “Director” means the Director of the Office of Personnel Management.

## Source credit

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

## Notes

### Editorial Notes

### Prior Provisions

A prior section 3318, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 421; Pub. L. 90–83, § 1(8), Sept. 11, 1967, 81 Stat. 197; Pub. L. 95–454, title III, § 307(d), title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1148, 1224; Pub. L. 114–137, § 2(a), Mar. 18, 2016, 130 Stat. 310, which related to Competitive service; selection from certificates, 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

Section effective on the date, not later than one year after Aug. 13, 2018, on which the Director of the Office of Personnel Management issues final regulations for implementation, see section 1107(d) of Pub. L. 115–232, set out as a note under section 3317 of this title.

### Regulations

Pub. L. 114–137, § 2(d), Mar. 18, 2016, 130 Stat. 312, required the Director of the Office of Personnel Management to issue an interim final rule regarding additional appointing authorities for competitive service. Final rule issued Sept. 8, 2025, eff. Nov. 7, 2025, see 90 F.R. 43135.