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5 U.S.C. § 3305 — Competitive service; examinations; when held

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3305 — Competitive service; examinations; when held

**(a)** The Office of Personnel Management shall hold examinations for the competitive service at least twice a year in each State and territory or possession of the United States where there are individuals to be examined. **(b)** The Office shall hold an examination for a position to which an appointment has been made within the preceding 3 years, on the application of an individual who qualifies as a preference eligible under section 2108(3)(C)–(G) of this title. The examination shall be held during the quarter following the application.

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Stable record: federal_law:legal_authorities:record_usc_77b65dcb88131d0a3fc1417c
Source file: Laws/federal/codes/united-states-code/title-5/section-3305-competitive-service-examinations-when-held--0e68d447ee.md
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Source location: Title 5, Chapter 33, § 3305; chapter-033-examination-selection-and-placement.md

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**(a)** The Office of Personnel Management shall hold examinations for the competitive service at least twice a year in each State and territory or possession of the United States where there are individuals to be examined. **(b)** The Office shall hold an examination for a position to which an appointment has been made within the preceding 3 years, on the application of an individual who qualifies as a preference eligible under section 2108(3)(C)–(G) of this title. The examination shall be held during the quarter following the application.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2108 — Veteran; disabled veteran; preference eligible

For the purpose of this title— (1) “veteran” means an individual who— (A) served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955; (B) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred after January 31, 1955, and before October 15, 1976, not including service under [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12103/d&num=0&edition=prelim) pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; (C) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) in the armed forces during the period beginning on August 2, 1990, and ending on January 2, 1992; or (D) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred during the period beginning on September 11, 2001, and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom; and, except as provided under section 2108a, who has been discharged or rel

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 305 — Systematic agency review of operations

**(a)** For the purpose of this section, “agency” means an Executive agency, but does not include— (1) a Government controlled corporation; (2) the Tennessee Valley Authority; (3) the Virgin Islands Corporation; (4) the Atomic Energy Commission; (5) the Central Intelligence Agency; (6) the Panama Canal Commission; or (7) the National Security Agency, Department of Defense. **(b)** Under regulations prescribed and administered by the President, each agency shall review systematically the operations of each of its activities, functions, or organization units, on a continuing basis. **(c)** The purpose of the reviews includes— (1) determining the degree of efficiency and economy in the operation of the agency’s activities, functions, or organization units; (2) identifying the units that are outstanding in those respects; and (3) identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3309 — Preference eligibles; examinations; additional points for

A preference eligible who receives a passing grade in an examination for entrance into the competitive service is entitled to additional points above his earned rating, as follows— (1) a preference eligible under section 2108(3)(C)–(G) of this title—10 points; and (2) a preference eligible under section 2108(3)(A)–(B) of this title—5 points.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3318 — Competitive service; selection from certificates

**(a)** The nominating or appointing authority shall select for appointment to each vacancy from the highest three eligibles available for appointment on the certificate furnished under [section 3317(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3317/a&num=0&edition=prelim), unless objection to one or more of the individuals certified is made to, and sustained by, the Office of Personnel Management for proper and adequate reason under regulations prescribed by the Office. **(b) Other Appointing Authorities.—** (1) **In general.—** — During the 240-day period beginning on the date of issuance of a certificate of eligibles under section 3317(a), an appointing authority other than the appointing authority requesting the certificate (in this subsection referred to as the “other appointing authority”) may select an individual from that certificate in accordance with this subsection for an appointment to a position that is— (A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the “original position”); and (B) at a similar grade level as the original position. (2) **Applicability.—** — An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority. (3) **Requirements.—** — The selection of an individual under paragraph (1)— (A) shall be made in accordance with subsection (a); and (B) subject to paragraph (4), may be made without any additional posting under section 3327. (4) **Internal notice.—** — Before selecting an

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3305 — Competitive service; examinations; when

Page 387 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3307 Statutory Notes and Related Subsidiaries 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, § 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 pre- ceding section 101 of Title 39, Postal Service. EFFECTIVE DATE Pub. L. 90–105, § 4, Oct. 11, 1967, 81 Stat. 274, 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 twen- tieth 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 sec- tion, shall have completed

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