5 U.S. Code § 3319. Alternative ranking and selection procedures
Pub. L. 115–232, div. A, title XI, § 1107(b)(1), (d), Aug. 13, 2018, 132 Stat. 2005, provided that, 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, this section is amended—
(2) in subsection (c), by striking paragraph (6), redesignating paragraph (7) as paragraph (6), and amending paragraph (6) (as so redesignated) to read as follows:
(6) Preference eligibles.—
(A) Satisfaction of certain requirements.—Notwithstanding paragraphs (1) and (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) and 3318(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), by the head of an agency, has been passed over in accordance with section 3318(c) for the same position, the appointing authority is not required to give further consideration to that preference eligible while selecting from the same list for a subsequent appointment to such position.
(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, for reasons considered sufficient by the Director or the head of an agency, 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.
See 2018 Amendment notes below.
The General Schedule, referred to in subsec. (b), is set out under section 5332 of this title.
A prior section 3319, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 421, related to prohibitions on employment of members of same family in the competitive service, prior to repeal by Pub. L. 95–454, title III, § 307(h)(1), title IX, § 907, Oct. 13, 1978, 92 Stat. 1149, 1227, effective 90 days after Oct. 13, 1978.
Subsec. (c)(6), (7). Pub. L. 115–232, § 1107(b)(1)(B), redesignated par. (7) as (6), amended par. (6) generally, substituting provisions designated subpars. (A) to (C) for undesignated provisions prohibiting pass over of a preference eligible unless requirements of former sections 3317(b) and 3318(c) would be satisfied, and struck out former par. (6), which related to retention of collective bargaining obligations.
2016—Subsec. (c). Pub. L. 114–137 added subsec. (c) and struck out former subsec. (c) which read as follows:
“(1) 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) Notwithstanding paragraph (1), the appointing official may not pass over a preference-eligible in the same category from which selection is made, unless the requirements of section 3317(b) or 3318(b), as applicable, are satisfied.”
Amendment by Pub. L. 115–232 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 its implementation, see section 1107(d) of Pub. L. 115–232, set out as an Effective Date of Repeal note under section 3317 of this title.
 So in original.