§ 3321. Competitive service; probationary period

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Pub. L. 89–554 · 80 Stat. 378

   Enacted · 5 U.S.C. § 3321

   Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 422

   Source evidence

   Code source credit
   Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 422

2. 1978

   Pub. L. 95–454 title III § 303(a) · 92 Stat. 1111

   1. Substituted · 5 U.S.C. § 3321

      Pub. L. 95–454 substituted “probationary period” for “probation; period of” in section catchline

   2. Amended · 5 U.S.C. § 3321

      Pub. L. 95–454 designated existing provisions as subsec. (a)

   3. Substituted · 5 U.S.C. § 3321

      Pub. L. 95–454 substituted provisions authorizing the President to take necessary action, for provisions authorizing the President to prescribe rules

   4. Added · 5 U.S.C. § 3321

      Pub. L. 95–454 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (a) Section 3321 of title 5, United States Code, is amended to read as follows: “§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.”.

3. 1988

   Pub. L. 100–325 § 2(d) · 102 Stat. 579

   Inserted · 5 U.S.C. § 3321(c)

   Pub. L. 100–325 inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–325 inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.

   Enacted provision · exact public law section
   (d) Section 3321(c) of title 5, United States Code, is amended by striking “Service.” and inserting “Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.”.

4. 2015

   National Defense Authorization Act for Fiscal Year 2016

   Pub. L. 114–92 div. A title XI § 1105(c)(1) · 129 Stat. 726

   Inserted · 5 U.S.C. § 3321(c)

   Pub. L. 114–92 inserted “, or any individual covered by section 1599e of title 10” before period at end

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–92 inserted “, or any individual covered by section 1599e of title 10” before period at end.

   Enacted provision · exact public law section
   (1) in section 3321(c), by inserting at the end before the period the following: “, or any individual covered by section 1599e of title 10”;

5. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 div. A title XI § 1106(b)(2)(A) · 135 Stat. 1541

   Struck · 5 U.S.C. § 3321(c)

   Pub. L. 117–81 struck out “, or any individual covered by section 1599e of title 10” before period at end

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 117–81 struck out “, or any individual covered by section 1599e of title 10” before period at end.

   Enacted provision · exact public law section
   (A) in section 3321(c), by striking “, or any individual covered by section 1599e of title 10”;

   Effective date note
   Amendment by Pub. L. 117–81 applied as if effective Dec. 31, 2022, to correspond to the effective date of the repeal of section 1599e of Title 10, Armed Forces, to reflect the probable intent of Congress. See Effective Date of Repeal note under section 1599e of Title 10.

7 of 8 references resolved to an enrolled provision · 1 partial