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5 U.S.C. § 3321 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 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, or any individual covered by section 1599e of title 10.
(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.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 633(2)4.
Jan. 16, 1883, ch. 27. § 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.
heading: Editorial Notes
heading: Amendments
text: 2015—Subsec. (c). Pub. L. 114–92 inserted “, or any individual covered by section 1599e of title 10” before period at end.
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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1978 Amendment
text: 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.
5 U.S.C. § 3325 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3325. Appointments to scientific and professional positions
(a) Positions established under section 3104 of this title are in the competitive service. However, appointments to the positions are made without competitive examination on approval of the qualifications of the proposed appointee by the Office of Personnel Management on the basis of standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director of the Office of Personnel Management.
(b) This section does not apply to positions established under section 3104(c).
(c) The Director of the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out the purpose of this section.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 423; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 102–378, § 2(12), Oct. 2, 1992, 106 Stat. 1347; Pub. L. 110–372, § 2(c)(3), Oct. 8, 2008, 122 Stat. 4044.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a)
5 U.S.C. 1162(a).
Oct. 4, 1961, Pub. L. 87–367, § 202 “Sec. 2(a)”, 75 Stat. 790.
(b)
5 U.S.C. 1161(g) (2d sentence).
Oct. 11, 1962, Pub. L. 87–793, § 1001(a)(2) “(g) (2d sentence)”, 76 Stat. 863.
In subsection (a), the words “or its designee” are substituted for “or such officers or agents as the Commission may designate”.
For repeal of the Act of Aug. 1, 1947, ch. 433, 61 Stat. 715, as amended, see revision note for section 3104.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Editorial Notes
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–372, § 2(c)(3)(A), substituted “on the basis of standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director of the Office of Personnel Management” for “or its designee for this purpose”.
Subsec. (c). Pub. L. 110–372, § 2(c)(3)(B), added subsec. (c).
1992—Subsec. (b). Pub. L. 102–378 substituted “section 3104(c)” for “section 3104(a)(7) of this title”.
1978—Subsec. (a). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2008 Amendment
text: Amendment by Pub. L. 110–372 effective on the first day of the first pay period beginning on or after the 180th day following Oct. 8, 2008, see section 2(d) of Pub. L. 110–372, set out as a note under section 5376 of this title.
heading: Effective Date of 1978 Amendment
text: 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.
5 U.S.C. § 3327 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3327. Civil service employment information
(a) The Office of Personnel Management shall provide that information concerning opportunities to participate in competitive examinations conducted by, or under authority delegated by, the Office of Personnel Management shall be made available to the employment offices of the United States Employment Service.
(b) Subject to such regulations as the Office may issue, each agency shall promptly notify the Office and the employment offices of the United States Employment Service of—
(1) each vacant position in the agency which is in the competitive service or the Senior Executive Service and for which the agency seeks applications from persons outside the Federal service, and
(2) the period during which applications will be accepted.
As used in this subsection, “agency” means an agency as defined in section 5102(a)(1) of this title other than an agency all the positions in which are excepted by statute from the competitive service.
(Added Pub. L. 95–454, title III, § 309(a), Oct. 13, 1978, 92 Stat. 1151.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3327, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424, which prescribed standards for determination of qualifications of postmasters, including experience in postal field service, seniority, length of service, level of difficulty and responsibility of work, attendance, awards and commendations, and performance rating, was repealed by Pub. L. 91–375, § 6(c)(7)(A), Aug. 12, 1970, 84 Stat. 776. See section 1001 of Title 39, Postal Service.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
5 U.S.C. § 3328 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3328. Selective Service registration
(a) An individual—
(1) who was born after December 31, 1959, and is or was required to register under section 3 of the Military Selective Service Act (50 U.S.C. App. 453); 1 and
(2) who is not so registered or knowingly and willfully did not so register before the requirement terminated or became inapplicable to the individual,
shall be ineligible for appointment to a position in an Executive agency.
(b) The Office of Personnel Management, in consultation with the Director of the Selective Service System, shall prescribe regulations to carry out this section. Such regulations shall include provisions prescribing procedures for the adjudication of determinations of whether a failure to register was knowing and willful. Such procedures shall require that such a determination may not be made if the individual concerned shows by a preponderance of the evidence that the failure to register was neither knowing nor willful. Such procedures may provide that determinations of eligibility under the requirements of this section shall be adjudicated by the Executive agency making the appointment for which the eligibility is determined.
(Added Pub. L. 99–145, title XVI, § 1622(a)(1), Nov. 8, 1985, 99 Stat. 777; amended Pub. L. 100–180, div. A, title XII, § 1249, Dec. 4, 1987, 101 Stat. 1167.)
heading: Editorial Notes
heading: References in Text
text: Section 3 of the Military Selective Service Act, referred to in subsec. (a)(1), was classified to section 453 of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as section 3802 of Title 50.
heading: Amendments
text: 1987—Subsec. (b). Pub. L. 100–180 struck out “within the Office” after “for the adjudication” in second sentence and inserted at end “Such procedures may provide that determinations of eligibility under the requirements of this section shall be adjudicated by the Executive agency making the appointment for which the eligibility is determined.”
5 U.S.C. § 3330 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3330. Government-wide list of vacant positions
(a) For the purpose of this section, the term “agency” means an Executive agency, excluding the Government Accountability Office and any agency (or unit thereof) whose principal function is the conduct of foreign intelligence or counterintelligence activities, as determined by the President.
(b) The Office of Personnel Management shall establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency that are to be filled by appointment for more than one year and for which applications are being (or will soon be) accepted from outside the agency’s work force.
(c) Included for any position listed shall be—
(1) a brief description of the position, including its title, tenure, location, and rate of pay;
(2) application procedures, including the period within which applications may be submitted and procedures for obtaining additional information; and
(3) any other information which the Office considers appropriate.
(d) The list shall be available to members of the public.
(e) The Office shall prescribe such regulations as may be necessary to carry out this section. Any requirement under this section that agencies notify the Office as to the availability of any vacant positions shall be designed so as to avoid any duplication of information otherwise required to be furnished under section 3327 of this title or any other provision of law.
(f) The Office may, to the extent it determines appropriate, charge such fees to agencies for services provided under this section and for related Federal employment information. The Office shall retain such fees to pay the costs of providing such services and information.
(Added Pub. L. 102–484, div. D, title XLIV, § 4431(a), Oct. 23, 1992, 106 Stat. 2719, § 3329; renumbered § 3330 and amended Pub. L. 104–52, title IV, § 4(1), Nov. 19, 1995, 109 Stat. 490; Pub. L. 104–106, div. A, title X, § 1037(b)(1), Feb. 10, 1996, 110 Stat. 432; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Editorial Notes
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
1996—Pub. L. 104–106, which directed renumbering of the section 3329 of this title that was added by Pub. L. 102–484, § 4431, as section 3330 of this title, could not be executed because of the intervening renumbering of that section by Pub. L. 104–52, § 4(1)(A). See 1995 Amendment note below.
1995—Pub. L. 104–52, § 4(1)(A), renumbered section 3329 of this title, relating to government-wide list of vacant positions, as this section.
Subsec. (f). Pub. L. 104–52, § 4(1)(B), added subsec. (f).
5 U.S.C. § 3330b (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3330b. Preference eligibles; judicial redress
(a) In lieu of continuing the administrative redress procedure provided under section 3330a(d), a preference eligible, or a veteran described by section 3330a(a)(1)(B) with respect to a violation described by such section, may elect, in accordance with this section, to terminate those administrative proceedings and file an action with the appropriate United States district court not later than 60 days after the date of the election.
(b) An election under this section may not be made—
(1) before the 121st day after the date on which the appeal is filed with the Merit Systems Protection Board under section 3330a(d); or
(2) after the Merit Systems Protection Board has issued a judicially reviewable decision on the merits of the appeal.
(c) An election under this section shall be made, in writing, in such form and manner as the Merit Systems Protection Board shall by regulation prescribe. The election shall be effective as of the date on which it is received, and the administrative proceeding to which it relates shall terminate immediately upon the receipt of such election.
(Added Pub. L. 105–339, § 3(a), Oct. 31, 1998, 112 Stat. 3184; amended Pub. L. 108–454, title VIII, § 804(b), Dec. 10, 2004, 118 Stat. 3626.)
heading: Editorial Notes
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–454, which directed insertion of “, or a veteran described by section 3330a(a)(1)(B) with respect to a violation described by such section,” after “a preference eligible” in subsec. (a) of section 3330b, without specifying the Code title to be amended, was executed by making the insertion in subsec. (a) of this section, to reflect the probable intent of Congress.
5 U.S.C. § 3330e (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3330e. Review of official personnel file of former Federal employees before rehiring
(a) If a former Government employee is a candidate for a position within the competitive service or the excepted service, prior to making any determination with respect to the appointment or reinstatement of such employee to such position, the appointing authority shall review and consider merit-based information relating to such employee’s former period or periods of service such as official personnel actions, employee performance ratings, and disciplinary actions, if any, in such employee’s official personnel record file.
(b) In subsection (a), the term “former Government employee” means an individual whose most recent position with the Government prior to becoming a candidate as described under subsection (a) was within the competitive service or the excepted service.
(c) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this section. Such regulations may not contain provisions that would increase the time required for agency hiring actions.
(Added Pub. L. 114–328, div. A, title XI, § 1136(a), Dec. 23, 2016, 130 Stat. 2460.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 114–328, div. A, title XI, § 1136(b), Dec. 23, 2016, 130 Stat. 2460, provided that: “The amendment made by subsection (a) [enacting this section] shall apply to any former Government employee (as described in section 3330e of title 5, United States Code, as added by such subsection) appointed or reinstated on or after the date that is 180 days after the date of enactment of this Act [Dec. 23, 2016].”
5 U.S.C. § 3342 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
[§ 3342. Repealed. Pub. L. 102–378, § 2(13)(A), Oct. 2, 1992, 106 Stat. 1347]
text: Section, added Pub. L. 101–416, § 2(a)(1), Oct. 12, 1990, 104 Stat. 902, related to Federal participants in executive exchange programs.
text: A prior section 3342, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425, which prohibited details of employees from field service to Executive department in District of Columbia except for temporary duty, details specifically provided for by law, or detailing of one employee from Bureau of Customs for duty in District of Columbia, was repealed by Pub. L. 89–762, § 1(a), Nov. 5, 1966, 80 Stat. 1312.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Section repealed effective Oct. 1, 1991, see section 9(b)(3) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of this title.
5 U.S.C. § 3344 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3344. Details; administrative law judges
An agency as defined by section 551 of this title which occasionally or temporarily is insufficiently staffed with administrative law judges appointed under section 3105 of this title may use administrative law judges selected by the Office of Personnel Management from and with the consent of other agencies.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 95–251, § 2(a)(1), (b)(2), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 1010 (4th sentence).
June 11, 1946, ch. 324, § 11 (4th sentence), 60 Stat. 244.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
Pub. L. 95–251 substituted references to administrative law judges for references to hearing examiners in section catchline and wherever appearing in text.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1978 Amendment
text: 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.
5 U.S.C. § 3346 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3346. Time limitation
(a) Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office—
(1) for no longer than 210 days beginning on the date the vacancy occurs; or
(2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.
(b)
(1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return.
(2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve—
(A) until the second nomination is confirmed; or
(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.
(c) If a vacancy occurs during an adjournment of the Congress sine die, the 210-day period under subsection (a) shall begin on the date that the Senate first reconvenes.
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–612.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3346, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426, provided for details to subordinate offices, prior to repeal by Pub. L. 105–277, div. C, title I, § 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681–611, 2681–616, effective 30 days after Oct. 21, 1998. See section 3345 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.
5 U.S.C. § 3347 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3347. Exclusivity
(a) Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any office of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) for which appointment is required to be made by the President, by and with the advice and consent of the Senate, unless—
(1) a statutory provision expressly—
(A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
(B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
(2) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution.
(b) Any statutory provision providing general authority to the head of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) to delegate duties statutorily vested in that agency head to, or to reassign duties among, officers or employees of such Executive agency, is not a statutory provision to which subsection (a)(1) applies.
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–613; amended Pub. L. 106–31, title V, § 5011, May 21, 1999, 113 Stat. 112; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3347, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426, provided for Presidential authority relating to details, prior to repeal by Pub. L. 105–277, div. C, title I, § 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681–611, 2681–616, effective 30 days after Oct. 21, 1998. See section 3345 of this title.
heading: Amendments
text: 2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions of subsec. (a) and in subsec. (b).
1999—Subsec. (b). Pub. L. 106–31 substituted “subsection (a)(1)” for “subsection (a)(2)”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.
5 U.S.C. § 3349a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3349a. Presidential inaugural transitions
(a) In this section, the term “transitional inauguration day” means the date on which any person swears or affirms the oath of office as President, if such person is not the President on the date preceding the date of swearing or affirming such oath of office.
(b) With respect to any vacancy that exists during the 60-day period beginning on a transitional inauguration day, the 210-day period under section 3346 or 3348 shall be deemed to begin on the later of the date occurring—
(1) 90 days after such transitional inauguration day; or
(2) 90 days after the date on which the vacancy occurs.
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–615.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.