
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3317]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
        SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
 
Sec. 3317. Competitive service; certification from registers

    (a) The Office of Personnel Management shall certify enough names 
from the top of the appropriate register to permit a nominating or 
appointing authority who has requested a certificate of eligibles to 
consider at least three names for appointment to each vacancy in the 
competitive service.
    (b) When an appointing authority, for reasons considered sufficient 
by the Office, has three times considered and passed over a preference 
eligible who was certified from a register, certification of the 
preference eligible for appointment may be discontinued. However, the 
preference eligible is entitled to advance notice of discontinuance of 
certification.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 421; Pub. L. 95-454, title IX, 
Sec. 906(a)(3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-54, 
Sec. 2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 857 (1st sentence    June 27, 1944, ch.
                      and 2d proviso).              287, Sec.  8 (1st
                                                    sentence and 2d
                                                    proviso), 58 Stat.
                                                    389.
------------------------------------------------------------------------

    In subsection (a), the word ``authority'' is substituted for 
``officer'' in recognition of the several appointing authorities named 
in section 2105(a)(1). The words ``in the competitive service'' have 
been added for clarity. Application of the section to the excepted 
service in the executive branch and to the government of the District of 
Columbia, as provided in former section 858, is carried into section 
3320.
    In subsection (b), the word ``thereafter'' is omitted as 
unnecessary.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1979--Subsec. (a). Pub. L. 96-54, Sec. 2(a)(14), substituted 
``Office of Personnel Management'' for ``Civil Service Commission''.
    Subsec. (b). Pub. L. 96-54, Sec. 2(a)(15), amended subsec. (b) in 
same manner as amendment by Pub. L. 95-454. See 1978 Amendment note set 
out below.
    1978--Subsec. (b). Pub. L. 95-454 which purported to amend section 
3317b of this title by substituting ``Office'' for ``Commission'' was 
executed to subsec. (b) of this section as the probable intent of 
Congress.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2302, 3110, 3318, 3320, 9510 
of this title; title 22 section 1438.
