Title 5 — Government Organization and EmployeesRelease 119-73
§3361 Promotion; competitive service; examination
Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart B— - Employment and Retention › Chapter CHAPTER 33— - EXAMINATION, SELECTION, AND PLACEMENT › Subchapter SUBCHAPTER V— - PROMOTION › § 3361
Summary
Competitive-service employees must pass an exam or be exempt under section 3302 before promotion. The President’s authority under section 3301 still applies. In the Department of Defense, promotions may be based on skills without time-in-grade, following agency rules.
Full Legal Text
Title 5, §3361
Government Organization and Employees — Source: USLM XML via OLRC
(a)An individual may be promoted in the competitive service only if he has passed an examination or is specifically excepted from examination under section 3302 of this title. This section 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.
(b)Promotions in the competitive service within the Department of Defense may be made based on demonstrated skills and qualifications without regard to minimum time-in-grade requirements, subject to agency policies and applicable merit system principles.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 638 (as applicable to promotion).Jan. 16, 1883, ch. 27, § 7 (as applicable to promotion), 22 Stat. 406. 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”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2025—Pub. L. 119–60 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Reference
Citations & Metadata
Citation
5 U.S.C. § 3361
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73