1625-0120 Stat/Authority

Page 235

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

the highest quality category, in a merged category consisting of the highest and the second
highest quality categories.
(2) Notwithstanding paragraph (1), the appointing official may not pass over a preferenceeligible in the same category from which selection is made, unless the requirements of section
3317(b) or 3318(b), as applicable, are satisfied.
(d) Each agency that establishes a category
rating system under this section shall submit in
each of the 3 years following that establishment,
a report to Congress on that system including
information on—
(1) the number of employees hired under
that system;
(2) the impact that system has had on the
hiring of veterans and minorities, including
those who are American Indian or Alaska Natives, Asian, Black or African American, and
native Hawaiian or other Pacific Islanders;
and
(3) the way in which managers were trained
in the administration of that system.
(e) The Office of Personnel Management may
prescribe such regulations as it considers necessary to carry out the provisions of this section.
(Added Pub. L. 107–296, title XIII, § 1312(a)(2),
Nov. 25, 2002, 116 Stat. 2290.)
REFERENCES IN TEXT
The General Schedule, referred to in subsec. (b), is set
out under section 5332 of this title.
PRIOR PROVISIONS
A prior section 3319, Pub. L. 89–554, Sept. 6, 1966, 80
Stat. 421, related to prohibitions on employment of
members of same family in the competitive service,
prior to repeal by Pub. L. 95–454, title III, § 307(h)(1),
title IX, § 907, Oct. 13, 1978, 92 Stat. 1149, 1227, effective
90 days after Oct. 13, 1978.
EFFECTIVE DATE
Section effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as a note under section
101 of Title 6, Domestic Security.

§ 3320. Excepted service; government of the District of Columbia; selection
The nominating or appointing authority shall
select for appointment to each vacancy in the
excepted service in the executive branch and in
the government of the District of Columbia from
the qualified applicants in the same manner and
under the same conditions required for the competitive service by sections 3308–3318 of this
title. This section does not apply to an appointment required by Congress to be confirmed by,
or made with the advice and consent of, the Senate.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 422.)
HISTORICAL AND REVISION NOTES
Derivation

U.S. Code

..................

5 U.S.C. 858.

..................

5 U.S.C. 869.

Revised Statutes and
Statutes at Large
June 27, 1944, ch. 287, § 9, 58
Stat. 389.
June 27, 1944, ch. 287, § 20, 58
Stat. 391.

Former sections 858 and 869 are combined and restated for clarity and to conform to section 3318(a). The

§ 3321

word ‘‘authority’’ is substituted for ‘‘officer’’ in recognition of the several appointing authorities named in
section 2105(a)(1). The words ‘‘shall select for appointment to each vacancy in the expected service in the executive branch and in the government of the District of
Columbia from the qualified applicants in the same
manner and under the same conditions required for the
competitive service by sections 3308–3318 of this title’’
are substituted for ‘‘In the unclassified Federal, and
District of Columbia, civil service, and in all other positions and employment hereinbefore referred to in (c)
of section 851 of this title . . . shall make selection from
the qualified applicants in accordance with the provisions of this chapter’’. The reference to the excepted
service ‘‘in the executive branch’’ is substituted for the
exception of the legislative and judicial branches in
former section 869. Former section 869 did not prohibit
the application of those provisions of the Act of June
27, 1944, which relate to the competitive service in the
legislative or judicial branch by reason of the specific
provisions of section 311 of the Act of June 10, 1921, as
amended (31 U.S.C. 52); 28 U.S.C. 602; and Executive
Order No. 67 of June 13, 1895. The reference to appointments of postmasters is omitted from this section since
those referred to are in the competitive service. The
application of former section 869 to the remainder of
the Act of June 27, 1944, is covered by the sections into
which the remainder is carried (see Table I).
This section merely continues, and does not in any
way change, the requirements in former section 858 relative to the selection of applicants for positions in the
excepted service. Under this section, the Federal Bureau of Investigation and other agencies having positions in the excepted service will continue to fill those
positions in the same manner that they have been filled
under former section 858. Such excepted appointments
are appointments authorized to be made without regard
to the statutes, rules, and regulations governing appointments in the competitive service and this is not
changed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined
in the preface to the report.
ASSISTANCE OF UNITED STATES CIVIL SERVICE COMMISSION IN DEVELOPING MERIT SYSTEM FOR DISTRICT OF
COLUMBIA
Pub. L. 93–198, title VII, § 734, Dec. 24, 1973, 87 Stat.
823, authorized the United States Civil Service Commission to advise and assist the District of Columbia
Mayor and Council in the further development of the
merit system or systems required by the District of Columbia charter, which was approved on May 7, 1974, and
authorized the Commission to enter into agreements
with the District government to make available its registers of eligibles as a recruiting source to fill District
positions as needed, with the costs of any specific services furnished by the Civil Service Commission to be
compensated for under the provisions of section 685a of
former Title 31, Money and Finance [31 U.S.C. 1537].

§ 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,