I

104TH CONGRESS

1ST SESSION H. R. 294

To amend title 5, United States Code, to provide that an individual serving

in a position in the competitive or excepted service, under an indefinite

or temporary appointment, who performs at least 2 years of service

in such a position within a 5-year period, and who passes a suitable

noncompetitive examination, shall be granted competitive status for purposes of transfer or reassignment.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. KANJORSKI introduced the following bill; which was referred to the

Committee on Government Reform and Oversight

A BILL

To amend title 5, United States Code, to provide that an

individual serving in a position in the competitive or

excepted service, under an indefinite or temporary appointment, who performs at least 2 years of service in

such a position within a 5-year period, and who passes

a suitable noncompetitive examination, shall be granted

competitive status for purposes of transfer or reassignment.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 294 IH

1 SECTION 1. COMPETITIVE STATUS.

2 Section 3304 of title 5, United States Code, is

3 amended by redesignating subsection (e) as subsection (f)

4 and by inserting after subsection (d) the following:

5 ‘‘(e)(1) Notwithstanding a contrary provision of this

6 title or of the rules and regulations prescribed under this

7 title for the administration of the competitive service, for

8 purposes of appointment to a position in the competitive

9 service, an individual serving in a position in the competi10 tive or excepted service, under an indefinite or temporary

11 appointment, acquires a competitive status if such individ12 ual—

13 ‘‘(A) has completed, without break in service of

14 more than 2 years, a total of at least 2 years of

15 service within the last 5 years (taking into account

16 only service performed in any such position or posi17 tions, under an indefinite or temporary appoint18 ment); and

19 ‘‘(B) passes a suitable noncompetitive examina20 tion.

21 ‘‘(2) Nothing in this subsection shall—

22 ‘‘(A) affect an individual’s right to have such

23 individual’s appointment converted to a career ap24 pointment, without condition, in accordance with

25 section 3304a(a), if otherwise eligible therefor; or
3

•HR 294 IH

1 ‘‘(B) otherwise prevent the application of any

2 other provision of this subchapter with respect to

3 such individual.’’.

4 SEC. 2. EFFECTIVE DATE; CREDITABILITY OF PRIOR SERV5 ICE.

6 (a) EFFECTIVE DATE.—This Act and the amend7 ments made by this Act shall take effect as of the date

8 of the enactment of this Act.

9 (b) CREDITABILITY OF PRIOR SERVICE.—(1) For the

10 purpose of the amendments made by this Act, service per11 formed before the effective date of this Act may be taken

12 into account if, or to the extent that, such service was

13 performed within the 5-year period ending on such effec14 tive date.

15 (2) In the case of an individual who satisfies the serv16 ice requirement under section 3304(e) of title 5, United

17 States Code (as amended by this Act) based solely on serv18 ice which is creditable by virtue of paragraph (1), competi19 tive status under such section 3304(e) (based solely on

20 such service) shall be retained for the greater of—

21 (A) the period of time allowable under such sec22 tion 3304(e); or

23 (B) the 1-year period beginning on the effective

24 date of this Act.

Æ