---
kind: "section"
citation: "5 U.S.C. § 3361"
title: "5"
title_heading: "Government Organization and Employees"
number: "3361"
heading: "Promotion; competitive service; examination"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3361"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter V — Promotion"
---

# §3361. Promotion; competitive service; examination

- (a) **In General.—** An individual may be promoted in the competitive [service](/usc/5/8401.md?p=26) only if he has passed an examination or is specifically excepted from examination under [section 3302 of this title](/usc/5/3302.md). This section does not take from the President any [authority](/usc/5/7103.md?p=a-6) conferred by [section 3301 of this title](/usc/5/3301.md) that is consistent with the provisions of this title governing the competitive [service](/usc/5/8401.md?p=26).
- (b) **DOD Promotions.—** Promotions in the competitive [service](/usc/5/8401.md?p=26) within the [Department](/usc/5/10101.md?p=4) of Defense may be made based on demonstrated skills and qualifications without regard to minimum time-in-[grade](/usc/5/5102.md?p=a-5) requirements, subject to [agency](/usc/5/3132.md?p=a-1) policies and applicable merit [system](/usc/5/8401.md?p=29) principles.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426; Pub. L. 119–60, div. A, title XI, § 1110(c), Dec. 18, 2025, 139 Stat. 1076.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>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

2025—Pub. L. 119–60 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).