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 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.’’ § 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 appli- cation of an individual who qualifies as a pref- erence eligible under section 2108(3)(C)–(G) of this title. The examination shall be held during the quarter following the application. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 418; Pub. L. 90–83, § 1(8), Sept. 11, 1967, 81 Stat. 197; Pub. L. 96–54, § 2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 635 (last 24 words of 6th sen- tence). Jan. 16, 1883, ch. 27, § 3 (last 24 words of 6th sentence), 22 Stat. 404. (b) ............. 5 U.S.C. 859. June 27, 1944, ch. 287, § 10, 58 Stat. 390. Jan. 19, 1948, ch. 1, § 3, 62 Stat. 3. Dec. 27, 1950, ch. 1151, § 2(b), 64 Stat. 1117. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT This section amends various sections [§§ 3305, 3309, 3318] of title 5, United States Code, to reflect the redes- ignation of paragraphs (3)(B) through (F) of section 2108 of title 5 as paragraphs (3)(C) through (G) by section 1(6) of this bill. Editorial Notes AMENDMENTS 1979—Subsec. (a). Pub. L. 96–54, § 2(a)(14), substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Subsec. (b). Pub. L. 96–54, § 2(a)(15), substituted ‘‘Of- fice’’ for ‘‘Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. [§ 3306. Repealed. Pub. L. 95–228, § 1, Feb. 10, 1978, 92 Stat. 25] Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 419, re- lated to apportionment of appointments in the depart- mental service in the District of Columbia among the States, territories, etc. § 3307. Competitive service; maximum-age en- trance requirements; exceptions (a) Except as provided in subsections (b), (c), (d), (e), and (f) of this section appropriated funds may not be used to pay an employee who estab- lishes a maximum-age requirement for entrance into the competitive service. (b) The Secretary may, with the concurrence of such agent as the President may designate, determine and fix the maximum limit of age within which an original appointment to a posi- tion as an air traffic controller may be made. (c) The Secretary of the Interior may deter- mine and fix the minimum and maximum limits of age within which original appointments to the United States Park Police may be made. (d) The head of any agency may determine and fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section 8331(20) and (21), respectively, of this title. (e)(1) Except as provided in paragraph (2), the head of an agency may determine and fix the maximum age limit for an original appointment to a position as a firefighter or law enforcement officer, as defined by section 8401(14) or (17), re- spectively, of this title. (2)(A) In the case of the conversion of an agen- cy function from performance by a contractor to performance by an employee of the agency, the head of the agency, in consultation with the Di- rector of the Office of Personnel Management, may waive any maximum limit of age, deter- mined or fixed for positions within such agency under paragraph (1), if necessary in order to pro- mote the recruitment or appointment of experi- enced personnel.