---
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"
date: "2026-07-12"
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/5/9201.md?p=2) shall select for appointment from the [eligibles](/usc/5/4701.md?p=a-3) 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](/usc/5/8401.md?p=8) of the [Office](/usc/5/5402.md?p=3) of Personnel Management or the head of an [agency](/usc/5/3132.md?p=a-1) to which the [Director](/usc/5/8401.md?p=8) 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](/usc/5/8401.md?p=8).
- (b) **Other Appointing Authorities.—**
  - (1) **In general.—** During the 240-day period beginning on the date of issuance of a certificate of [eligibles](/usc/5/4701.md?p=a-3) under [section 3317(a)](/usc/5/3317.md?p=a), an [appointing authority](/usc/5/9201.md?p=2) other than the [appointing authority](/usc/5/9201.md?p=2) requesting the certificate (in this subsection referred to as the “other [appointing authority](/usc/5/9201.md?p=2)”) may select an individual from that certificate in accordance with this subsection for an appointment to a [position](/usc/5/5102.md?p=a-3) that is—
    - (A) in the same occupational series as the [position](/usc/5/5102.md?p=a-3) for which the certification of [eligibles](/usc/5/4701.md?p=a-3) was issued (in this subsection referred to as the “original [position](/usc/5/5102.md?p=a-3)”); and
    - (B) at a similar [grade](/usc/5/5102.md?p=a-5) level as the original [position](/usc/5/5102.md?p=a-3).
  - (2) **Applicability.—** An [appointing authority](/usc/5/9201.md?p=2) requesting a certificate of [eligibles](/usc/5/4701.md?p=a-3) may share the certificate with another [appointing authority](/usc/5/9201.md?p=2) only if the announcement of the original [position](/usc/5/5102.md?p=a-3) provided notice that the resulting list of [eligible](/usc/5/4701.md?p=a-3) candidates may be used by another [appointing authority](/usc/5/9201.md?p=2).
  - (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.
  - (4) **Internal notice.—** Before selecting an individual under [paragraph (1)](#b-1), the other [appointing authority](/usc/5/9201.md?p=2) shall—
    - (A) provide notice of the available [position](/usc/5/5102.md?p=a-3) to [employees](/usc/5/4701.md?p=a-2) of the other [appointing authority](/usc/5/9201.md?p=2);
    - (B) provide up to 10 business days for [employees](/usc/5/4701.md?p=a-2) of the other [appointing authority](/usc/5/9201.md?p=2) to apply for the [position](/usc/5/5102.md?p=a-3); and
    - (C) review the qualifications of [employees](/usc/5/4701.md?p=a-2) submitting an application.
- (c) **Pass Over.—**
  - (1) **In general.—** Subject to subparagraph (2), if an [appointing authority](/usc/5/9201.md?p=2) proposes to pass over a preference [eligible](/usc/5/4701.md?p=a-3) certified for appointment under [subsection (a)](#a) and select an individual who is not a preference [eligible](/usc/5/4701.md?p=a-3), the [appointing authority](/usc/5/9201.md?p=2) shall file written reasons with the [Director](/usc/5/8401.md?p=8) or the head of the [agency](/usc/5/3132.md?p=a-1) for passing over the preference [eligible](/usc/5/4701.md?p=a-3). The [Director](/usc/5/8401.md?p=8) or the head of the [agency](/usc/5/3132.md?p=a-1) shall make the reasons presented by the [appointing authority](/usc/5/9201.md?p=2) part of the record of the preference [eligible](/usc/5/4701.md?p=a-3) and may require the submission of more detailed information from the [appointing authority](/usc/5/9201.md?p=2) in support of the passing over of the preference [eligible](/usc/5/4701.md?p=a-3). The [Director](/usc/5/8401.md?p=8) or the head of the [agency](/usc/5/3132.md?p=a-1) shall determine the sufficiency or insufficiency of the reasons submitted by the [appointing authority](/usc/5/9201.md?p=2), taking into [account](/usc/5/8401.md?p=1) any response received from the preference [eligible](/usc/5/4701.md?p=a-3) under [paragraph (2)](#c-2). When the [Director](/usc/5/8401.md?p=8) or the head of the [agency](/usc/5/3132.md?p=a-1) has completed review of the proposed pass-over of the preference [eligible](/usc/5/4701.md?p=a-3), the [Director](/usc/5/8401.md?p=8) or the head of the [agency](/usc/5/3132.md?p=a-1) shall send its findings to the [appointing authority](/usc/5/9201.md?p=2) and to the preference [eligible](/usc/5/4701.md?p=a-3). The [appointing authority](/usc/5/9201.md?p=2) shall comply with the findings.
  - (2) **Preference eligible individuals who have a compensable service-connected disability.—** In the case of a preference [eligible](/usc/5/4701.md?p=a-3) described in [section 2108(3)(C)](/usc/5/2108.md?p=3-C) who has a compensable [service](/usc/5/8401.md?p=26)-connected disability of 30 percent or more, the [appointing authority](/usc/5/9201.md?p=2) shall notify the [Director](/usc/5/8401.md?p=8) under [paragraph (1)](#c-1) and, at the same time, notify the preference [eligible](/usc/5/4701.md?p=a-3) 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](/usc/5/8401.md?p=8) within 15 days of the date of the notification. The [Director](/usc/5/8401.md?p=8) shall, before completing the review under [paragraph (1)](#c-1), require a demonstration by the [appointing authority](/usc/5/9201.md?p=2) that the notification was timely sent to the preference [eligible](/usc/5/4701.md?p=a-3)’s last known address.
  - (3) **Further consideration not required.—** When a preference [eligible](/usc/5/4701.md?p=a-3), for reasons considered sufficient by the [Director](/usc/5/8401.md?p=8), or in the case of a preference [eligible](/usc/5/4701.md?p=a-3) described in [paragraph (1)](#c-1), by the head of an [agency](/usc/5/3132.md?p=a-1), has been passed over in accordance with this subsection for the same [position](/usc/5/5102.md?p=a-3), the [appointing authority](/usc/5/9201.md?p=2) is not required to give further consideration to that preference [eligible](/usc/5/4701.md?p=a-3) while selecting from the same list for a subsequent appointment to such [position](/usc/5/5102.md?p=a-3).
  - (4) **Delegation prohibition.—** In the case of a preference [eligible](/usc/5/4701.md?p=a-3) described in [paragraph (2)](#c-2), the functions of the [Director](/usc/5/8401.md?p=8) under this subsection may not be delegated to an individual who is not an officer or [employee](/usc/5/4701.md?p=a-2) of the [Office](/usc/5/5402.md?p=3) of Personnel Management.
- (d) **Special Rule Regarding Reemployment Lists.—** When the names of preference [eligibles](/usc/5/4701.md?p=a-3) are on a reemployment list appropriate for the [position](/usc/5/5102.md?p=a-3) to be filled, an [appointing authority](/usc/5/9201.md?p=2) may appoint from a register of [eligibles](/usc/5/4701.md?p=a-3) established after examination only an individual who qualifies as a preference [eligible](/usc/5/4701.md?p=a-3) 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](/usc/5/8401.md?p=8), an appointing officer is not required to consider an [eligible](/usc/5/4701.md?p=a-3) who has been considered by the appointing officer for three separate appointments from the same or different certificates for the same [position](/usc/5/5102.md?p=a-3).
- (f) **Regulations.—** The [Director](/usc/5/8401.md?p=8) shall prescribe regulations for the [administration](/usc/5/9801.md?p=1) of this section.
- (d) **[sic] Definition.—** In this section, the term “[Director](/usc/5/8401.md?p=8)” means the [Director](/usc/5/8401.md?p=8) of the [Office](/usc/5/5402.md?p=3) 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.