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5 U.S.C. § 3321 — Competitive service; probationary period

submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 178 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section authorizes probationary periods before competitive-service appointments and initial supervisory or managerial appointments become final. It provides a return right for certain unsuccessful supervisors and excludes specified senior services.

(a) The President may take such action, including the issuance of rules, regulations, and directives, as must 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, must 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 must not apply for appointments in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-554 · 80 Stat. 422
  • 1978Amended · Pub. L. 95-454 · 92 Stat. 1146
  • 1988Amended · Pub. L. 100-325 · 102 Stat. 581
  • 2015Amended · Pub. L. 114-92 · 129 Stat. 1024
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 1950

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.

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