§3361 — Title 5 Government Organization and Employees | U.S. Code

Summary

People in the competitive service can be promoted only if they pass a required exam or are specifically exempted from the exam under section 3302. That rule does not remove any authority the President has under section 3301 that fits with competitive service rules. In the Department of Defense, promotions may be made for proven skills and qualifications without meeting minimum time-in-grade rules, as long as agency policies and merit system principles are followed.

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.

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).

§3361 Promotion; Competitive Service; Examination