[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3023 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 358
114th CONGRESS
  2d Session
                                H. R. 3023

                          [Report No. 114-472]

 To amend title 5, United States Code, to modify probationary periods 
with respect to positions within the competitive service and the Senior 
               Executive Service, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2015

   Mr. Buck introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

                             March 23, 2016

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed


_______________________________________________________________________

                                 A BILL


 
 To amend title 5, United States Code, to modify probationary periods 
with respect to positions within the competitive service and the Senior 
               Executive Service, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXTENSION OF PROBATIONARY PERIOD FOR POSITIONS WITHIN THE 
              COMPETITIVE SERVICE.

    (a) In General.--Section 3321 of title 5, United States Code, is 
amended--
            (1) in subsection (a), by striking ``The President'' and 
        inserting ``Subject to subsections (c) and (d), the 
        President'';
            (2) by redesignating subsection (c) as subsection (e); and
            (3) by inserting after subsection (b) the following:
    ``(c)(1) Except as provided in paragraph (2), the length of a 
probationary period established under paragraph (1) or (2) of 
subsection (a) shall be--
            ``(A) with respect to any position that requires formal 
        training, a period of 2 years beginning on the date that such 
        formal training is completed;
            ``(B) with respect to any position that requires a license, 
        a period of 2 years beginning on the date that such license is 
        granted; and
            ``(C) with respect to any position not covered by 
        subparagraph (A) or (B), not less than 2 years.
    ``(2) The length of a probationary period established under 
paragraph (1) or (2) of subsection (a) in the case of a preference 
eligible shall be not longer than--
            ``(A) if the appointment (as referred to in subsection 
        (a)(1)) or the initial appointment (as referred to in 
        subsection (a)(2)) is to a position that exists on the 
        effective date of this subsection, the length of the 
        probationary period which applies to such position as of such 
        effective date; or
            ``(B) if the appointment (as referred to in subsection 
        (a)(1)) or the initial appointment (as referred to in 
        subsection (a)(2)) is to a position that does not exist on the 
        effective date of this subsection, such length of time as the 
        President may establish, consistent with the purposes of this 
        subparagraph.
    ``(3) In paragraph (1)--
            ``(A) the term `formal training' means, with respect to any 
        position, a training program required by law, rule, or 
        regulation, or otherwise required by the employing agency, to 
        be completed by the employee before the employee is able to 
        successfully execute the duties of the applicable position; and
            ``(B) the term `license' means a license, certification, or 
        other grant of permission to engage in a particular activity.
    ``(d) The head of each agency shall, in the administration of this 
section, take appropriate measures to ensure that--
            ``(1) any announcement of a vacant position within such 
        agency and any offer of appointment made to any individual with 
        respect to any such position shall clearly state the terms and 
        conditions of the probationary period applicable to such 
        position;
            ``(2) any individual who is required to complete a 
        probationary period under this section shall receive timely 
        notice of the performance and other requirements which must be 
        met in order to successfully complete the probationary period; 
        and
            ``(3) upon successful completion of a probationary period 
        under this section, certification to that effect shall be made, 
        supported by a brief statement of the basis for that 
        certification, in such form and manner as the President may by 
        regulation prescribe.''.
    (b) Technical Amendment.--Section 3321(e) of title 5, United States 
Code (as so redesignated by subsection (a)(2)) is amended by striking 
``Subsections (a) and (b)'' and inserting ``Subsections (a) through 
(d)''.
    (c) Effective Date.--This section and the amendments made by this 
section--
            (1) shall take effect 180 days after the date of enactment 
        of this Act; and
            (2) shall apply in the case of any appointment (as referred 
        to in section 3321(a)(1) of title 5, United States Code) and 
        any initial appointment (as referred to in section 3321(a)(2) 
        of such title) taking effect on or after the date on which this 
        section takes effect.

SEC. 2. EXTENSION OF PROBATIONARY PERIOD FOR POSITIONS WITHIN THE 
              SENIOR EXECUTIVE SERVICE .

    (a) In General.--Section 3393(d) of title 5, United States Code, is 
amended by striking ``1-year'' and inserting ``2-year''.
    (b) Conforming Amendment.--Section 3592(a)(1) of such title is 
amended by striking ``1-year'' and inserting ``2-year''.

SEC. 3. APPEALS FROM ADVERSE ACTIONS.

    (a) Subchapter I of Chapter 75 of Title 5.--Section 7501(1) of 
title 5, United States Code, is amended--
            (1) by striking ``1 year'' the first place it appears and 
        inserting ``not less than 2 years''; and
            (2) by striking ``1 year'' the second place it appears and 
        inserting ``2 years''.
    (b) Subchapter II of Chapter 75 of Title 5.--Section 7511(a)(1) of 
title 5, United States Code, is amended--
            (1) in subparagraph (A)(ii), by striking ``1 year'' the 
        first place it appears and inserting ``not less than 2 years''; 
        and
            (2) in subparagraph (C)(ii), by striking ``2 years'' the 
        first place it appears and inserting ``not less than 2 years''.
    (c) Effective Date.--The amendments made by subsections (a) and 
(b)--
            (1) shall take effect 180 days after the date of enactment 
        of this Act; and
            (2) shall apply in the case of any individual whose period 
        of continuous service (as referred to in the provision of law 
        amended by paragraph (1) or (2) of subsection (b), as the case 
        may be) commences on or after the date on which this section 
        takes effect.
                                                 Union Calendar No. 358

114th CONGRESS

  2d Session

                               H. R. 3023

                          [Report No. 114-472]

_______________________________________________________________________

                                 A BILL

 To amend title 5, United States Code, to modify probationary periods 
with respect to positions within the competitive service and the Senior 
               Executive Service, and for other purposes.

_______________________________________________________________________

                             March 23, 2016

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed