§3304. Competitive service; examinations
(a) The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, for-
(1) open, competitive examinations for testing applicants for appointment in the competitive service which are practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of the applicants for the appointment sought; and
(2) noncompetitive examinations when competent applicants do not compete after notice has been given of the existence of the vacancy.
(b) An individual may be appointed in the competitive service only if he has passed an examination or is specifically excepted from examination under section 3302 of this title. This subsection does not take from the President any authority conferred by section 3301 of this title that is consistent with the provisions of this title governing the competitive service.
(c) Notwithstanding a contrary provision of this title or of the rules and regulations prescribed under this title for the administration of the competitive service, an individual who served-
(1) for at least 3 years in the legislative branch in a position in which he was paid by the Secretary of the Senate or the Clerk of the House of Representatives; or
(2) for at least 4 years as a secretary or law clerk, or both, to a justice or judge of the United States;
acquires a competitive status for transfer to the competitive service if he is involuntarily separated without prejudice from the legislative or judicial branch, passes a suitable noncompetitive examination, and transfers to the competitive service within 1 year of the separation from the legislative or judicial branch. For the purpose of this subsection, an individual who has served for at least 2 years in a position in the legislative branch described by paragraph (1) of this subsection and who is separated from that position to enter the armed forces is deemed to have held that position during his service in the armed forces.
(d)(1) For the purpose of this subsection, the term "technician" has the meaning given such term by section 8337(h)(1) of this title.
(2) Notwithstanding a contrary provision of this title or of the rules and regulations prescribed under this title for the administration of the competitive service, an individual who served for at least 3 years as a technician acquires a competitive status for transfer to the competitive service if such individual-
(A) is involuntarily separated from service as a technician other than by removal for cause on charges of misconduct or delinquency;
(B) passes a suitable noncompetitive examination; and
(C) transfers to the competitive service within 1 year after separating from service as a technician.
(e) Employees at any place outside the District of Columbia where the President or the Office of Personnel Management directs that examinations be held shall allow the reasonable use of public buildings for, and in all proper ways facilitate, holding the examinations.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | 5 U.S.C. 633(2)1. | Jan. 16, 1883, ch. 27, §2(2)1, |
| 5 U.S.C. 633(2)7 (less last 17 words). | Jan. 16, 1883, ch. 27, §2(2)7 (less last 17 words), |
|
| (b) | 5 U.S.C. 638 (as applicable to appointment). | Jan. 16, 1883, ch. 27, §7 (as applicable to appointment), |
| (c) | 5 U.S.C. 631b(b). | Nov. 26, 1940, ch. 919, §2(b),
Feb. 12, 1946, ch. 3, May 29, 1958,
|
| 5 U.S.C. 631b(c). | June 24, 1952, ch. 456, |
|
| (d) | 5 U.S.C. 635 (7th sentence). | Jan. 16, 1883, ch. 27, §3 (7th sentence), |
In subsection (a), the authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302. The words "competitive service" are substituted for "public service" since the requirements do not apply to the excepted or uniformed service.
In subsection (b), the words "That after the expiration of six months from the passage of this act" are omitted as executed. The words "in the competitive service" are substituted for "in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules" because of the definition of "competitive service" in section 2102. In the second sentence, the words "the provisions of this title governing the competitive service" are substituted for "this act".
In subsection (c), the provisions of former section 631b(b) and (c) are combined and restated for clarity. The words "From and after the effective date of this Act" and "From and after the date of approval of this Act" are omitted as executed. The words "competitive service" are substituted for "classified civil service" in view of the definition of "competitive service" in section 2102. The words "or as a clerical employee of the Senate or House of Representatives" are omitted as included in the reference to "an individual . . . in the legislative branch in a position in which he was paid by the Secretary of the Senate or the Clerk of the House of Representatives". The words "and nothing in this Act shall be construed to impair any right of retransfer provided for under civil service laws or regulations made thereunder" are omitted as unnecessary.
In subsection (d), the word "Employees" is substituted for "collector, postmaster, and other officers of the United States".
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
1986-Subsecs. (d), (e).
1978-Subsec. (d).
Effective Date of 1978 Amendment
Amendment by
Transfer of Functions
Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Cross References
President's power to grant exceptions from provisions of subsec. (a) of this section, see section 3302 of this title.
Section Referred to in Other Sections
This section is referred to in section 3302 of this title; title 22 section 3008; title 38 section 4303; title 40 section 42.