
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3304a]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
        SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
 
Sec. 3304a. Competitive service; career appointment after 3 
        years' temporary service
        
    (a) An individual serving in a position in the competitive service 
under an indefinite appointment or a temporary appointment pending 
establishment of a register (other than an individual serving under an 
overseas limited appointment, or in a position classified above GS-15 
pursuant to section 5108) acquires competitive status and is entitled to 
have his appointment converted to a career appointment, without 
condition, when--
        (1) he completes, without break in service of more than 30 days, 
    a total of at least 3 years of service in such a position;
        (2) he passes a suitable noncompetitive examination;
        (3) the appointing authority (A) recommends to the Office of 
    Personnel Management that the appointment of the individual be 
    converted to a career appointment and (B) certifies to the Office 
    that the work performance of the individual for the past 12 months 
    has been satisfactory; and
        (4) he meets Office qualification requirements for the position 
    and is otherwise eligible for career appointment.

    (b) The employing agency shall terminate the appointment of an 
individual serving in a position in the competitive service under an 
indefinite or temporary appointment described in subsection (a) of this 
section, not later than 90 days after he has completed the 3-year period 
referred to in subsection (a)(1) of this section, if, prior to the close 
of such 90-day period, such individual has not met the requirements and 
conditions of subparagraphs (2) to (4), inclusive, of subsection (a) of 
this section.
    (c) In computing years of service under subsection (a)(1) of this 
section for an individual who leaves a position in the competitive 
service to enter the armed forces and is reemployed in such a position 
within 120 days after separation under honorable conditions, the period 
from the date he leaves his position to the date he is reemployed is 
included.
    (d) The Office of Personnel Management may prescribe regulations 
necessary for the administration of this section.

(Added Pub. L. 90-105, Sec. 1(a), Oct. 11, 1967, 81 Stat. 273; amended 
Pub. L. 91-375, Sec. 6(c)(6), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95-
454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. 
L. 101-509, title V, Sec. 529 [title I, Sec. 101(b)(9)(B)], Nov. 5, 
1990, 104 Stat. 1427, 1441.)


                               Amendments

    1990--Subsec. (a). Pub. L. 101-509, which directed the substitution 
of ``in a position classified above GS-15 pursuant to section 5108)'' 
for ``in GS-16, 17, or 18)'', was executed by making the substitution 
for ``in GS-16, GS-17, or GS-18)'', as the probable intent of Congress.
    1978--Subsec. (a). Pub. L. 95-454, Sec. 906(a)(2), (3), substituted 
``Office of Personnel Management'' and ``Office'' for ``Civil Service 
Commission'' and ``Commission'', respectively, wherever appearing.
    Subsec. (d). Pub. L. 95-454, Sec. 906(a)(2), substituted ``Office of 
Personnel Management'' for ``Civil Service Commission''.
    1970--Subsec. (a). Pub. L. 91-375 struck out ``, in the postal field 
service,'' after ``limited appointment'' in introductory parenthetical 
text.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-509 effective on such date as the President 
shall determine, but not earlier than 90 days, and not later than 180 
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 
1970, on date established therefor by Board of Governors of United 
States Postal Service and published by it in Federal Register, see 
section 15(a) of Pub. L. 91-375, set out as an Effective Date note 
preceding section 101 of Title 39, Postal Service.


                             Effective Date

    Section 4 of Pub. L. 90-105 provided that:
    ``(a) This section and section 3 of this Act [amending provisions 
set out as a note under section 3101 of this title] shall become 
effective on the date of enactment of this Act [Oct. 11, 1967].
    ``(b) Subject to subsection (c) of this section, the first section 
and section 2 of this Act [enacting this section and section 3303 of 
former Title 39, The Postal Service] shall become effective on the one 
hundred and twentieth day following the date of enactment of this Act 
[Oct. 11, 1967].
    ``(c) For the purpose of the application of section 3304a(b) of 
title 5, United States Code, as enacted by this Act, in the case of an 
individual who, prior to the effective date prescribed by subsection (b) 
of this section, shall have completed the 3-year period referred to in 
such section 3304a(b), such individual shall be deemed to have completed 
such 3-year period on such effective date.''
