---
kind: "section"
citation: "5 U.S.C. § 3304a"
title: "5"
title_heading: "Government Organization and Employees"
number: "3304a"
heading: "Competitive service; career appointment after 3 years’ temporary service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3304a"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter I — Examination, Certification, and Appointment"
---

# §3304a. Competitive service; career appointment after 3 years’ temporary service

- (a) An individual serving in a [position](/usc/5/5102.md?p=a-3) in the competitive [service](/usc/5/8401.md?p=26) under an indefinite appointment or a temporary appointment pending establishment of a register (other than an individual serving under an overseas limited appointment, or in a [position](/usc/5/5102.md?p=a-3) classified above GS–15 pursuant to [section 5108](/usc/5/5108.md)) acquires competitive status and is entitled to have his appointment converted to a career appointment, without condition, when—
  - (1) he completes, without break in [service](/usc/5/8401.md?p=26) of more than 30 days, a total of at least 3 years of [service](/usc/5/8401.md?p=26) in such a [position](/usc/5/5102.md?p=a-3);
  - (2) he passes a suitable noncompetitive examination;
  - (3) the [appointing authority](/usc/5/9201.md?p=2) (A) recommends to the [Office](/usc/5/5402.md?p=3) of Personnel Management that the appointment of the individual be converted to a career appointment and (B) certifies to the [Office](/usc/5/5402.md?p=3) that the work performance of the individual for the past 12 months has been satisfactory; and
  - (4) he meets [Office](/usc/5/5402.md?p=3) qualification requirements for the [position](/usc/5/5102.md?p=a-3) and is otherwise [eligible](/usc/5/4701.md?p=a-3) for career appointment.
- (b) The employing [agency](/usc/5/3132.md?p=a-1) shall terminate the appointment of an individual serving in a [position](/usc/5/5102.md?p=a-3) in the competitive [service](/usc/5/8401.md?p=26) under an indefinite or temporary appointment described in [subsection (a)](#a) of this section, not later than 90 days after he has completed the 3-year period referred to in [subsection (a)(1)](#a-1) of this section, if, prior to the close of such 90-day period, such individual has not met the requirements and conditions of subparagraphs (2) to (4), inclusive, of [subsection (a)](#a) of this section.
- (c) In computing years of [service](/usc/5/8401.md?p=26) under [subsection (a)(1)](#a-1) of this section for an individual who leaves a [position](/usc/5/5102.md?p=a-3) in the competitive [service](/usc/5/8401.md?p=26) to enter the armed forces and is reemployed in such a [position](/usc/5/5102.md?p=a-3) within 120 days after separation under honorable conditions, the period from the date he leaves his [position](/usc/5/5102.md?p=a-3) to the date he is reemployed is included.
- (d) The [Office](/usc/5/5402.md?p=3) of Personnel Management may prescribe regulations necessary for the [administration](/usc/5/9801.md?p=1) of this section.

## Source credit

(Added Pub. L. 90–105, § 1(a), Oct. 11, 1967, 81 Stat. 273; amended Pub. L. 91–375, § 6(c)(6), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(B)], Nov. 5, 1990, 104 Stat. 1427, 1441.)

## Notes

### Editorial Notes

### Amendments

1990—Subsec. (a). Pub. L. 101–509, which directed the substitution of “in a position classified above GS–15 pursuant to section 5108)” for “in GS–16, 17, or 18)”, was executed by making the substitution for “in GS–16, GS–17, or GS–18)”, as the probable intent of Congress.

1978—Subsec. (a). Pub. L. 95–454, § 906(a)(2), (3), substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.

Subsec. (d). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.

1970—Subsec. (a). Pub. L. 91–375 struck out “, in the postal field service,” after “limited appointment” in introductory parenthetical text.

### 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 preceding section 101 of Title 39, Postal Service.

### Effective Date

Pub. L. 90–105, § 4, Oct. 11, 1967, 81 Stat. 274, provided that: 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]. 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 twentieth day following the date of enactment of this Act [Oct. 11, 1967]. 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 section, 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.”