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Code · U.S. Code · Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES · CHAPTER 33— EXAMINATION, SELECTION, AND PLACEMENT · SUBCHAPTER I— EXAMINATION, CERTIFICATION, AND APPOINTMENT · § 3321

§ 3321. Competitive service; probationary period

510 words·~2 min read·/usc/title-5/section-3321

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(a)The President may take such action, including the issuance of rules, regulations, and directives, as shall provide as nearly as conditions of good administration warrant for a period of probation—
(1)before an appointment in the competitive service becomes final; and
(2)before initial appointment as a supervisor or manager becomes final.
(b)An individual—
(1)who has been transferred, assigned, or promoted from a position to a supervisory or managerial position, and
(2)who does not satisfactorily complete the probationary period under subsection (a)(2) of this section,
shall be returned to a position of no lower grade and pay than the position from which the individual was transferred, assigned, or promoted. Nothing in this section prohibits an agency from taking an action against an individual serving a probationary period under subsection (a)(2) of this section for cause unrelated to supervisory or managerial performance.
(c)Subsections
(a)and
(b)of this section shall not apply with respect to appointments in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 422; Pub. L. 95–454, title III, § 303(a), Oct. 13, 1978, 92 Stat. 1146; Pub. L. 100–325, § 2(d), May 30, 1988, 102 Stat. 581; Pub. L. 114–92, div. A, title XI, § 1105(c)(1), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 117–81, div. A, title XI, § 1106(b)(2)(A), Dec. 27, 2021, 135 Stat. 1950.)
The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302. Wording is changed because in practice an appointment is not made after probation. The words “or employment” are omitted as included within “appointment”.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Connections57 cite this · traces to 4
Cited by 57 sections · top 45
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11 references not yet in our index
  • Pub. L. 89–554
  • 80 Stat. 422
  • Pub. L. 95–454, title III, § 303(a)
  • 92 Stat. 1146
  • Pub. L. 100–325, § 2(d)
  • 102 Stat. 581
  • 129 Stat. 1024
  • 135 Stat. 1950
  • Pub. L. 100–325
  • Pub. L. 95–454
  • section 907 of Pub. L. 95–454
Citation graph
cites case law
§ 3321
Competitive service; probationary period
Fed. Reg.×52
IRM×2
U.S.C.×2
Stat.×1
Pub. L.Pub. L. 89–554
Stat.80 Stat. 422
Pub. L.Pub. L. 95–454, title III, § 303(a)
Stat.92 Stat. 1146
Pub. L.Pub. L. 100–325, § 2(d)
Cites 15 · showing 9Cited by 57 across 4 sources
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