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 pur-
poses 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 ap-
pointment, 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 reassign-
ment.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. COMPETITIVE STATUS.
Section 3304 of title 5, United States Code, is
amended by redesignating subsection (e) as subsection (f)
and by inserting after subsection (d) the following:
‘‘(e)(1) Notwithstanding a contrary provision of this
title or of the rules and regulations prescribed under this
title for the administration of the competitive service, for
purposes of appointment to a position in the competitive
service, an individual serving in a position in the competi-
tive or excepted service, under an indefinite or temporary
appointment, acquires a competitive status if such individ-
ual—
‘‘(A) has completed, without break in service of
more than 2 years, a total of at least 2 years of
service within the last 5 years (taking into account
only service performed in any such position or posi-
tions, under an indefinite or temporary appoint-
ment); and
‘‘(B) passes a suitable noncompetitive examina-
tion.
‘‘(2) Nothing in this subsection shall—
‘‘(A) affect an individual’s right to have such
individual’s appointment converted to a career ap-
pointment, without condition, in accordance with
section 3304a(a), if otherwise eligible therefor; or
‘‘(B) otherwise prevent the application of any
other provision of this subchapter with respect to
such individual.’’.
SEC. 2. EFFECTIVE DATE; CREDITABILITY OF PRIOR SERV-
ICE.
(a) EFFECTIVE DATE.—This Act and the amend-
ments made by this Act shall take effect as of the date
of the enactment of this Act.
(b) CREDITABILITY OF PRIOR SERVICE.—(1) For the
purpose of the amendments made by this Act, service per-
formed before the effective date of this Act may be taken
into account if, or to the extent that, such service was
performed within the 5-year period ending on such effec-
tive date.
(2) In the case of an individual who satisfies the serv-
ice requirement under section 3304(e) of title 5, United
States Code (as amended by this Act) based solely on serv-
ice which is creditable by virtue of paragraph (1), competi-
tive status under such section 3304(e) (based solely on
such service) shall be retained for the greater of—
(A) the period of time allowable under such sec-
tion 3304(e); or
(B) the 1-year period beginning on the effective
date of this Act.
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