Sec. 1106. Expanded flexibility in selecting candidates from referral lists
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Subchapter I of chapter 33 of title 5, United States Code, is amended by striking sections 3317 and 3318 and inserting the following new sections: The Director of the Office of Personnel Management 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 (b), and provide a certificate with such names to an appointing authority that has requested a certificate of eligibles to consider when filling a job in the competitive service. Unless otherwise provided for in regulations prescribed under subsection (b), the number of names certified under paragraph
(1)shall be not less than 3. When an appointing authority, for reasons considered sufficient by the Director, has three times considered and passed over a preference eligible who was certified from a list of eligibles, the Director may discontinue certifying the preference eligible for appointment. The Director shall provide to such preference eligible notice of the intent to discontinue certifying such preference eligible prior to the discontinuance of certification. The Director shall prescribe regulations to carry out the provisions 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. An appointing authority shall select for appointment from the eligibles available for appointment on a certificate furnished under section 3317(a), unless objection to one or more of the individuals certified is made to, and sustained by, the Director for proper and adequate reason under regulations prescribed by the Director. During the 240-day period beginning on the date of issuance of a certificate of eligibles under section 3317(a), an appointing authority other than the appointing authority requesting the certificate (in this subsection referred to as the other appointing authority ) may select an individual from that certificate in accordance with this subsection for an appointment to a position that is— in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the original position ); and at a similar grade level as the original position. An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority. The selection of an individual under paragraph (1)— shall be made in accordance with subsection (a); and subject to paragraph (4), may be made without any additional posting under section 3327. Before selecting an individual under paragraph (1), and subject to the requirements of any collective bargaining obligation of the other appointing authority, the other appointing authority shall— provide notice of the available position to employees of the other appointing authority; provide up to 10 business days for employees of the other appointing authority to apply for the position; and review the qualifications of employees submitting an application. Nothing in this subsection limits any collective bargaining obligation of an agency under chapter 71. If an appointing authority proposes to pass over a preference eligible on a certificate to select an individual who is not a preference eligible, the appointing authority shall file written reasons with the Director for passing over the preference eligible. The Director shall make the reasons presented by the appointing authority part of the record of the preference eligible and may require the submission of more detailed information from the appointing authority in support of the passing over of the preference eligible. The Director shall determine the sufficiency or insufficiency of the reasons submitted by the appointing authority, taking into account any response received from the preference eligible under paragraph (2). When the Director has completed review of the proposed pass over, the Director shall send the findings of the Director to the appointing authority and to the preference eligible. The appointing authority shall comply with the findings. In the case of a preference eligible described in section 2108(3)(C) who has a compensable service-connected disability of 30 percent or more, the appointing authority shall, at the same time it notifies the Director under paragraph (1), notify the preference eligible of the proposed pass over, of the reasons therefore, and of the individual’s right to respond to those reasons to the Director within 15 days of the date of the notification. The Director shall, before completing the review under paragraph (1), require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address. A preference eligible not described in paragraph (2), or his or her representative, shall be entitled, on request, to a copy of— the reasons submitted by the appointing authority in support of the proposed pass over; and the findings of the Director. In the case of a preference eligible described in paragraph (2), the functions of the Director under this subsection may not be delegated in accordance with section 1104. When the names of preference eligibles are on a reemployment list appropriate for the position to be filled, an appointing authority may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under section 2108(3)(C)–(G). . Subchapter I of chapter 33 of such title is amended— in section 3319, by amending the heading to read as follows: ; and in section 3320 in the first sentence, by striking sections 3308–3318 and inserting sections 3308–3319 . The table of sections at the beginning of such chapter is amended by striking the items relating to sections 3317, 3318, and 3319 and inserting the following new items: 3317. Competitive service; certification using numerical ratings. 3318. Competitive service; selection using numerical ratings. 3319. Competitive service; selection using category rating. . The amendments made by this section shall take effect on the date on which the Director issues final regulations to carry out such amendments.