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§ 3321 Competitive service; probationary period
Statute
5 U.S.C. 3321
Text
7 passages
5 U.S.C. 3321(a)(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—
5 U.S.C. 3321(a)(1)(1) before an appointment in the competitive service becomes final; and
5 U.S.C. 3321(a)(2)(2) before initial appointment as a supervisor or manager becomes final.
5 U.S.C. 3321(b)(b) An individual— 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.
5 U.S.C. 3321(b)(1)(1) who has been transferred, assigned, or promoted from a position to a supervisory or managerial position, and
5 U.S.C. 3321(b)(2)(2) who does not satisfactorily complete the probationary period under subsection (a)(2) of this section,
5 U.S.C. 3321(c)(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.
About
- Type
- Statute section
- Citation
- 5 U.S.C. 3321
- Edition
- 2024 edition of the U.S. Code
- Current through
- 2025-01-06
Annual edition text. Amendments enacted after the current-through date are not reflected; check uscode.house.gov for the latest release point.
Cited by
- Streamlining Probationary and Trial Period AppealsFederal Register · 2026-08-03
- Reduction in ForceFederal Register · 2026-08-03
- Elimination of Time-in-GradeFederal Register · 2026-05-28
- Reduction in ForceFederal Register · 2026-03-05
- Hiring Authority for College GraduatesFederal Register · 2026-02-20
- Hiring Authority for Post-Secondary StudentsFederal Register · 2026-02-19
- Improving Performance, Accountability and Responsiveness in the Civil ServiceFederal Register · 2026-02-06
- Streamlining Probationary and Trial Period AppealsFederal Register · 2025-12-30
- Initial Guidance on President Trump's Executive Order Strengthening Probationary Periods in the Federal ServiceMemo · 2025-04-28
- Upholding Civil Service Protections and Merit System PrinciplesFederal Register · 2024-04-09
- Upholding Civil Service Protections and Merit System PrinciplesFederal Register · 2023-09-18
- Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse ActionsFederal Register · 2022-11-10
- Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse ActionsFederal Register · 2022-01-04
- Hiring Authority for Post-Secondary StudentsFederal Register · 2021-08-18
- Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse ActionsFederal Register · 2020-10-16
- Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse ActionsFederal Register · 2019-09-17
- Career and Career-Conditional EmploymentFederal Register · 2016-11-08
- Nondiscrimination ProvisionsFederal Register · 2014-07-29
- Career and Career-Conditional EmploymentFederal Register · 2014-01-06
- Nondiscrimination ProvisionsFederal Register · 2013-09-04
- Noncompetitive Appointment of Certain Former Overseas EmployeesFederal Register · 2012-07-20
- Excepted Service, Career and Career-Conditional Employment; and Pathways ProgramsFederal Register · 2012-05-11
- Noncompetitive Appointment of Certain Military SpousesFederal Register · 2011-08-31
- Excepted Service, Career and Career-Conditional Employment; and Pathways ProgramsFederal Register · 2011-08-05
- Noncompetitive Appointment of Certain Former Overseas EmployeesFederal Register · 2011-07-28