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5 U.S.C. § 3321 — Competitive service; probationary period
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_172259cc3125586e306d1177
Source file: Laws/federal/codes/united-states-code/title-5/section-3321-competitive-service-probationary-period--bbac40f203.md
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Source location: Title 5, Chapter 33, § 3321; chapter-033-examination-selection-and-placement.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding subsection (f) of [section 5754 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5754&num=0&edition=prelim), the Secretary of Defense or Secretary of a military department may waive the limit established under subsection (e)(1) of such section and pay an otherwise eligible employee or category of employees in the territory of Guam retention bonuses of up to 50 percent of basic pay, based on a critical agency need.
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
Page 398
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3321
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–232 substituted ‘‘sections 3308
through 3319’’ for ‘‘sections 3308–3318’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective on the date
on which the Director of the Office of Personnel Man-
agement issues final regulations for implementation,
with such regulations due not later than one year after
Aug. 13, 2018, see section 1107(d) of Pub. L. 115–232, set
out as an Effective Date of Repeal note under section
3317 of this title.
ASSISTANCE OF UNITED STATES CIVIL SERVICE COMMIS-
SION IN DEVELOPING MERIT SYSTEM FOR DISTRICT OF
COLUMBIA
Pub. L. 93–198, title VII, § 734, Dec. 24, 1973, 87 Stat.
823, authorized the United States Civil Service Com-
mission to advise and assist the District of Columbia
Mayor and Council in the further development of the
merit system or systems required by the District of Co-
lumbia charter, which was approved on May 7, 1974, and
authorized the Commission to enter into agreements
with the District government to make available its reg-
isters of eligibles as a recruiting source to fill District
positions as needed, with the costs of any specific serv-
ices furnished by the Civil Service Commission to be
compensated for under the provisions of section 685a of
former Title 31, Money and Finance [31 U.S.C. 1537].
§ 3321. Competitive service; probationary period
(a) The President may take such action, in-
cluding the issuance of rules, regulations, and
directives, as shall provide as nearly as condi-
tions of good admini
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3321
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