5 U.S.C. § 3305

Competitive service; examinations; when held

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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.(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 sentence).	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 definitions 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 redesignation 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 NotesAmendments

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 “Office” for “Commission”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1987–2024 · leading case: Nat'l Treasury Employees Union v. Horner, 654 F. Supp. 1159 (D.D.C. 1987).

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Nat'l Treasury Employees Union v. Horner, 654 F. Supp. 1159 (D.D.C. 1987). “” 5 U.S.C. § 3305 . Defendants argue, and the court agrees, that the legislative history, statutory structure and prior agency construction and practice make clear that section 3305 was designed to insure that, when examinations are held, they are administered across the nation,…”

Millner v. Dep't of Vets. Affairs, 93 F. App'x 223 (Fed. Cir. 2004). · cites it 2× “at 16 (citing 5 U.S.C. §§ 3305 , 3314 and 5 C.F.R. §§ 332.”

Sheila Lundlee v. Dep't of Vets. Affairs (MSPB 2024). “The appellant does not challenge on review the administrative judge’s finding that she failed to exhaust her remedy before DOL regarding her claim that the agency violated 5 U.S.C. § 3305 (b) and/or 5 C.F.R. § 332.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.