--- kind: "range" citation: "5 U.S.C. §§ 3309–3319" title: "5" from: "3309" to: "3319" count: 12 release: "119-102" url: "https://uscodex.org/usc/5/3309..3319" --- # §3309. Preference eligibles; examinations; additional points for A preference eligible who receives a passing grade in an examination for entrance into the competitive [service](/usc/5/8331.md?p=12) is entitled to additional points above his earned rating, as follows— - (1) a preference eligible under [section 2108(3)(C)–(G)](/usc/5/2108.md?p=3-C..3-G) of this title—10 points; and - (2) a preference eligible under [section 2108(3)(A)–(B)](/usc/5/2108.md?p=3-A..3-B) of this title—5 points. # §3310. Preference eligibles; examinations; guards, elevator operators, messengers, and custodians In examinations for [positions](/usc/5/5531.md?p=2) of guards, elevator operators, messengers, and custodians in the competitive [service](/usc/5/8331.md?p=12) (other than for [positions](/usc/5/5531.md?p=2) of housekeeping aides in the Department of Veterans Affairs), competition is restricted to preference eligibles as long as preference eligibles are available. # §3311. Preference eligibles; examinations; crediting experience In examinations for the competitive [service](/usc/5/8331.md?p=12) in which experience is an element of qualification, a preference eligible is entitled to credit— - (1) for [service](/usc/5/8331.md?p=12) in the [armed forces](/usc/5/2101.md?p=2) when his employment in a similar vocation to that for which examined was interrupted by the [service](/usc/5/8331.md?p=12); and - (2) for all experience material to the [position](/usc/5/5531.md?p=2) for which examined, including experience gained in religious, civic, welfare, [service](/usc/5/8331.md?p=12), and organizational activities, regardless of whether he received pay therefor. # §3312. Preference eligibles; physical qualifications; waiver - (a) In determining qualifications of a preference eligible for examination for, appointment in, or reinstatement in the competitive [service](/usc/5/8331.md?p=12), the Office of Personnel Management or other examining [agency](/usc/5/500.md?p=a-1) shall waive— - (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the [position](/usc/5/5531.md?p=2); and - (2) physical requirements if, in the opinion of the Office or other examining [agency](/usc/5/500.md?p=a-1), after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the [position](/usc/5/5531.md?p=2). - (b) If an examining [agency](/usc/5/500.md?p=a-1) determines that, on the basis of evidence before it, a preference eligible under [section 2108(3)(C) of this title](/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 is not able to fulfill the physical requirements of the [position](/usc/5/5531.md?p=2), the examining [agency](/usc/5/500.md?p=a-1) shall notify the Office of the determination and, at the same time, the examining [agency](/usc/5/500.md?p=a-1) shall notify the preference eligible of the reasons for the determination and of the right to respond, within 15 days of the date of the notification, to the Office. The Office shall 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 and shall, before the selection of any other person for the [position](/usc/5/5531.md?p=2), make a final determination on the physical ability of the preference eligible to perform the duties of the [position](/usc/5/5531.md?p=2), taking into [account](/usc/5/8401.md?p=1) any additional information provided in any such response. When the Office has completed its review of the proposed disqualification on the basis of physical disability, it shall send its findings to the appointing [authority](/usc/5/7103.md?p=a-6) and the preference eligible. The appointing [authority](/usc/5/7103.md?p=a-6) shall comply with the findings of the Office. The functions of the Office under this subsection may not be delegated. # §3313. Competitive service; registers of eligibles The names of applicants who have qualified in examinations for the competitive [service](/usc/5/8331.md?p=12) shall be entered on appropriate registers or lists of eligibles in the following order— - (1) for scientific and professional [positions](/usc/5/5531.md?p=2) in GS–9 or higher, in the order of their ratings, including points added under [section 3309 of this title](/usc/5/3309.md); and - (2) for all other [positions](/usc/5/5531.md?p=2)— - (A) [disabled veterans](/usc/5/2108.md?p=2) who have a compensable [service](/usc/5/8331.md?p=12)-connected disability of 10 percent or more, in order of their ratings, including points added under [section 3309 of this title](/usc/5/3309.md); and - (B) remaining applicants, in the order of their ratings, including points added under [section 3309 of this title](/usc/5/3309.md). The names of preference eligibles shall be entered ahead of others having the same rating. # §3314. Registers; preference eligibles who resigned A preference eligible who resigns, on request to the Office of Personnel Management, is entitled to have his name placed again on all registers for which he may have been qualified, in the order named by [section 3313 of this title](/usc/5/3313.md). # §3315. Registers; preference eligibles furloughed or separated - (a) A preference eligible who has been separated or furloughed without delinquency or misconduct, on request, is entitled to have his name placed on appropriate registers and employment lists for every [position](/usc/5/5531.md?p=2) for which his qualifications have been established, in the order named by [section 3313 of this title](/usc/5/3313.md). This subsection applies to registers and employment lists maintained by the Office of Personnel Management, an [Executive agency](/usc/5/3330d.md?p=a-2-A), or the government of the District of Columbia. - (b) The Office may declare a preference eligible who has been separated or furloughed without pay under [section 7512 of this title](/usc/5/7512.md) to be entitled to the benefits of [subsection (a)](#a) of this section. # [§3315a. Repealed. Pub. L. 93–416, § 22(c), Sept. 7, 1974, 88 Stat. 1150 — repealed] # §3316. Preference eligibles; reinstatement On request of an appointing [authority](/usc/5/7103.md?p=a-6), a preference eligible who has resigned or who has been dismissed or furloughed may be certified for, and appointed to, a [position](/usc/5/5531.md?p=2) for which he is eligible in the competitive [service](/usc/5/8331.md?p=12), an [Executive agency](/usc/5/3330d.md?p=a-2-A), or the government of the District of Columbia. # §3317. Competitive service; certification using numerical ratings - (a) **Certification.—** - (1) **In general.—** 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), 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)](#c), and provide a certificate with such names to an appointing [authority](/usc/5/7103.md?p=a-6) that has requested a certificate of eligibles to consider when filling a job in the competitive [service](/usc/5/8331.md?p=12). - (2) **Minimum number of names certified.—** Unless otherwise provided for in regulations prescribed under [subsection (c)](#c), the number of names certified under [paragraph (1)](#a-1) shall be not less than three. - (b) **Discontinuance of Certification.—** When an appointing [authority](/usc/5/7103.md?p=a-6), for reasons considered sufficient by the [Director](#d) or head of an [agency](/usc/5/500.md?p=a-1), has three times considered and passed over a preference eligible who was certified from a register, the [Director](#d) or head of any [agency](/usc/5/500.md?p=a-1) may discontinue certifying the preference eligible for appointment. The [Director](#d) or the head of an [agency](/usc/5/500.md?p=a-1) 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](#d) 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](/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. # §3319. Competitive service; selection using category rating - (a) The Office, in exercising its [authority](/usc/5/7103.md?p=a-6) under [section 3304](/usc/5/3304.md), or an [agency](/usc/5/500.md?p=a-1) to which the Office has delegated examining [authority](/usc/5/7103.md?p=a-6) under [section 1104(a)(2)](/usc/5/1104.md?p=a-2), may establish category rating systems for evaluating applicants for [positions](/usc/5/5531.md?p=2) in the competitive [service](/usc/5/8331.md?p=12), under 2 or more quality categories based on merit consistent with regulations prescribed by the Office of Personnel Management, rather than assigned individual numerical ratings. - (b) Within each quality category established under [subsection (a)](#a), preference-eligibles shall be listed ahead of individuals who are not preference eligibles. For other than scientific and professional [positions](/usc/5/5531.md?p=2) at GS–9 of the General Schedule (equivalent or higher), qualified preference-eligibles who have a compensable [service](/usc/5/8331.md?p=12)-connected disability of 10 percent or more shall be listed in the highest quality category. - (c) **Selection.—** - (1) **In general.—** An appointing official may select any applicant in the highest quality category or, if fewer than 3 candidates have been assigned to the highest quality category, in a merged category consisting of the highest and the second highest quality categories. - (2) **Use by other appointing officials.—** Under regulations prescribed by the Office of Personnel Management, appointing officials other than the appointing official described in [paragraph (1)](#c-1) (in this subsection referred to as the “other appointing official”) may select an applicant 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). - (3) **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). - (4) **Requirements.—** The selection of an individual under [paragraph (2)](#c-2)— - (A) shall be made in accordance with this subsection; and - (B) subject to [paragraph (5)](#c-5), may be made without any additional posting under [section 3327](/usc/5/3327.md). - (5) **Internal notice.—** Before selecting an individual under [paragraph (2)](#c-2), and subject to the requirements of any collective bargaining obligation of the other appointing [authority](/usc/5/7103.md?p=a-6) (within the meaning given that term in [section 3318(b)(1)](/usc/5/3318.md?p=b-1)), the other appointing official shall— - (A) provide notice of the available [position](/usc/5/5531.md?p=2) to [employees](/usc/5/5361.md?p=1) of the appointing [authority](/usc/5/7103.md?p=a-6) employing the other appointing official; - (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. - (6) **Preference eligibles.—** - (A) **Satisfaction of certain requirements.—** Notwithstanding paragraphs [(1)](#c-1) and [(2)](#c-2), an appointing official may not pass over a preference eligible in the same category from which selection is made, unless the requirements of sections [3317(b)](/usc/5/3317.md?p=b) and [3318(c)](/usc/5/3318.md?p=c), as applicable, are satisfied. - (B) **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 [section 3318(c)(1)](/usc/5/3318.md?p=c-1), by the head of an [agency](/usc/5/500.md?p=a-1), has been passed over in accordance with [section 3318(c)](/usc/5/3318.md?p=c) 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). - (C) **List of eligibles issued from a standing register; discontinuation of certification.—** In the case of lists of eligibles issued from a standing register, when an appointing [authority](/usc/5/7103.md?p=a-6), for reasons considered sufficient by the Director or the head of an [agency](/usc/5/500.md?p=a-1), 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 in accordance with regulations prescribed by the Director. - (d) Each [agency](/usc/5/500.md?p=a-1) that establishes a category rating system under this section shall submit in each of the 3 years following that establishment, a report to Congress on that system including information on— - (1) the number of [employees](/usc/5/5361.md?p=1) hired under that system; - (2) the impact that system has had on the hiring of [veterans](/usc/5/2108.md?p=1) and minorities, including those who are American Indian or Alaska Natives, Asian, Black or African American, and native Hawaiian or other Pacific Islanders; and - (3) the way in which managers were trained in the administration of that system. - (e) The Office of Personnel Management may prescribe such regulations as it considers necessary to carry out the provisions of this section.