
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3321]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
        SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
 
Sec. 3321. Competitive service; probationary period

    (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, 
Sec. 303(a), Oct. 13, 1978, 92 Stat. 1146; Pub. L. 100-325, Sec. 2(d), 
May 30, 1988, 102 Stat. 581.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 633(2)4.             Jan. 16, 1883, ch.
                                                    27. Sec.  2(2)4, 22
                                                    Stat. 404.
------------------------------------------------------------------------

    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.


                               Amendments

    1988--Subsec. (c). Pub. L. 100-325 inserted reference to Federal 
Bureau of Investigation and Drug Enforcement Administration Senior 
Executive Service.
    1978--Pub. L. 95-454 substituted ``probationary period'' for 
``probation; period of'' in section catchline, designated existing 
provisions as subsec. (a), substituted provisions authorizing the 
President to take necessary action, for provisions authorizing the 
President to prescribe rules, and added subsecs. (b) and (c).


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3302, 4303, 7512, 9510 of 
this title.
