5 U.S.C. § 3304
Competitive service; examinations
United States · Title 5 — GOVERNMENT ORGANIZATION AND EMPLOYEES · Status: effective
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- Citation
- 5 U.S.C. § 3304, Competitive service; examinations, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/426684
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Full text
In this section:
The term “examining agency” means—
The term “relevant committees” means—
The term “subject matter expert” means an employee or selecting official—
The term “technical assessment” means a position-specific tool that is relevant to the position for which the tool is developed that—
The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, for—
authority for agencies to appoint, without regard to the provision of sections 3309 through 3318, candidates directly to positions for which—
Not later 11 So in original. Probably should be followed by “than”. 18 months after the date of enactment of the Chance to Compete Act of 2024, the Director shall submit to the relevant committees a plan to transition Federal hiring practices to adopt technical assessments in accordance with subsection (d), which shall include—
the prioritization of—
In developing the plan under subparagraph (A), the Director shall consult with, at minimum—
The requirement under subparagraph (B) shall not apply to an examining agency with respect to a particular job series if—
the head of the examining agency submits to the Director and the relevant committees a certification that use of the technical assessment is impracticable, which certification shall include—
A waiver under this subparagraph shall be effective for the period—
For the purpose of conducting an examination for a position in the competitive service, an individual who is determined by an examining agency to be a subject matter expert in the subject and job field of the position may—
develop, in partnership with human resources employees of the examining agency, a position-specific assessment that is relevant to the position, based on job analysis, which may include—
another assessment that—
administer the assessment developed under subparagraph (A) to—
Not later than 1 year after the date of enactment of the Chance to Compete Act of 2024, the Director shall—
conduct a feasibility study that examines the practicability, including a cost benefit analysis, of—
An agency talent team shall provide hiring support to the agency, including by—
The Director may establish a Federal talent team to support agency talent teams by—
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—
In this subsection—
Notwithstanding any other provision of this chapter or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of the Department serving under a time-limited appointment is eligible to compete for a permanent appointment in the competitive service when the Department is accepting applications from individuals within its own workforce, or from individuals outside its own workforce, under merit promotion procedures, if—
An individual appointed to a permanent position under this section—
If the Department is accepting applications as described in paragraph (2), a former employee of the Department who served under a time-limited appointment and who otherwise meets the requirements of this section shall be eligible to compete for a permanent position in the competitive service under this section if—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- Civil Service Reform Act of 1978House: no recorded tallySenate: no recorded tally
- A bill to amend title 5, United States Code, to provide that certain individuals be accorded competitive status for purposes of transferring to the competitive service.House: no recorded tallySenate: no recorded tally
- Lobbying Disclosure Act of 1995House: no recorded tallySenate: 98–0
- House of Representatives Administrative Reform Technical Corrections ActHouse: no recorded tallySenate: no recorded tally
- Veterans Employment Opportunities Act of 1998House: no recorded tallySenate: no recorded tally
- Veterans Millennium Health Care and Benefits ActHouse: 369–46Senate: no recorded tally
- Homeland Security Act of 2002
- Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005House: 359–14Senate: no recorded tally
- National Defense Authorization Act for Fiscal Year 2006House: 374–41Senate: no recorded tally
- National Defense Authorization Act for Fiscal Year 2010
- VA Choice and Quality Employment Act of 2017House: 414–0Senate: no recorded tally
- James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
- Chance to Compete Act of 2024House: no recorded tallySenate: no recorded tally