§ 3304a Competitive service; career appointment after 3 years' temporary service

5 U.S.C. 3304a(a)(a) An individual serving in a position in the competitive service 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 classified above GS–15 pursuant to section 5108) acquires competitive status and is entitled to have his appointment converted to a career appointment, without condition, when—

5 U.S.C. 3304a(a)(1)(1) he completes, without break in service of more than 30 days, a total of at least 3 years of service in such a position;

5 U.S.C. 3304a(a)(2)(2) he passes a suitable noncompetitive examination;

5 U.S.C. 3304a(a)(3)(3) the appointing authority (A) recommends to the Office of Personnel Management that the appointment of the individual be converted to a career appointment and (B) certifies to the Office that the work performance of the individual for the past 12 months has been satisfactory; and

5 U.S.C. 3304a(a)(4)(4) he meets Office qualification requirements for the position and is otherwise eligible for career appointment.

5 U.S.C. 3304a(b)(b) The employing agency shall terminate the appointment of an individual serving in a position in the competitive service under an indefinite or temporary appointment described in subsection (a) of this section, not later than 90 days after he has completed the 3-year period referred to in subsection (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) of this section.

5 U.S.C. 3304a(c)(c) In computing years of service under subsection (a)(1) of this section for an individual who leaves a position in the competitive service to enter the armed forces and is reemployed in such a position within 120 days after separation under honorable conditions, the period from the date he leaves his position to the date he is reemployed is included.

5 U.S.C. 3304a(d)(d) The Office of Personnel Management may prescribe regulations necessary for the administration of this section.