US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 3361

Promotion; competitive service; examination

(a)

In General.—

section 3302 of this titlesection 3301 of this titleAn individual may be promoted in the competitive service only if he has passed an examination or is specifically excepted from examination under . This section does not take from the President any authority conferred by that is consistent with the provisions of this title governing the competitive service.
(b)

DOD Promotions .—

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.

Pub. L. 89–55480 Stat. 426Pub. L. 119–60, div. A, title XI, § 1110(c)139 Stat. 1076(, , ; , , .)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes 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

Pub. L. 119–602025— designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).