[House Report 115-430]
[From the U.S. Government Publishing Office]


115th Congress   }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {     115-430

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4182) 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, AND PROVIDING FOR CONSIDERATION OF THE 
   BILL (H.R. 1699) TO AMEND THE TRUTH IN LENDING ACT TO MODIFY THE 
DEFINITIONS OF A MORTGAGE ORIGINATOR AND A HIGH-COST MORTGAGE, TO AMEND 
 THE SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT OF 2008 TO 
   MODIFY THE DEFINITION OF A LOAN ORIGINATOR, AND FOR OTHER PURPOSES

                                _______
                                

 November 29, 2017.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Woodall, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 635]

    The Committee on Rules, having had under consideration 
House Resolution 635, by a record vote of 6 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 4182, the 
Ensuring a Qualified Civil Service Act of 2017, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Oversight and Government 
Reform. The resolution waives all points of order against 
consideration of the bill. The resolution provides that the 
bill shall be considered as read. The resolution waives all 
points of order against provisions in the bill. The resolution 
makes in order only those amendments printed in this report. 
Each such amendment may be offered only in the order printed in 
this report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in this report. The resolution provides one motion to 
recommit with or without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 1699, the Preserving Access to Manufactured Housing Act of 
2017, under a closed rule. The resolution provides one hour of 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Financial Services. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 115-42 shall be considered as adopted and the 
bill, as amended, shall be considered as read. The resolution 
waives all points of order against provisions in the bill, as 
amended. The resolution provides for one motion to recommit 
with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 4182, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 4182, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments to H.R. 4182 printed in this report, the 
Committee is not aware of any points of order. The waiver is 
prophylactic in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 1699, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 1699, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 154

    Motion by Mr. Cole to report the rule. Adopted: 6-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
 Mr. Cole.......................................          Yea   Ms. Slaughter.....................  ............
Mr. Woodall.....................................          Yea   Mr. McGovern......................          Nay
Mr. Burgess.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Collins.....................................  ............  Mr. Polis.........................          Nay
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Buck........................................  ............
Ms. Cheney......................................  ............
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 4182 MADE IN ORDER

    1. Hastings, Alcee (FL): Exempts alumni of the PeaceCorps, 
AmeriCorps, and other national service programs under the 
Corporation for National and Community Service from the two 
year probationary period. (10 minutes)
    2. Johnson, Hank (GA): Requires that an individual in a 
probationary period receive written performance feedback every 
180 days during such probationary period that includes 
notification of whether such individual is making satisfactory 
or unsatisfactory progress towards meeting any requirements for 
which notice is required under paragraph (2). (10 minutes)
    3. Gianforte (MT): Provides additional notification to 
supervisor with 1 year, 6 months, 3 months and 30 days of 
remaining probationary period. (10 minutes)
    4. Connolly (VA): SUBSTITUTE Strikes the provisions of the 
bill and replaces it with a study and report by the Comptroller 
General of the United States. The study and report will be on 
those agencies that have lengthened the employee probationary 
period from 1 to 2 years, and any impact of an existing 2 year 
probationary period at the agency. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 4182 MADE IN ORDER

1. An Amendment To Be Offered by Representative Hastings of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 3, line 18, strike ``The length'' and insert ``Except as 
provided for in paragraph (2), the length''.
  Page 4, after line 8, insert the following (and redesignate 
accordingly):
  ``(2) Notwithstanding paragraph (1), in the case of an 
individual who has successfully completed a term of service in 
a national service program under the National and Community 
Service Act of 1990 (42 U.S.C. 12501 et seq.) or the Domestic 
Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.), or as a 
volunteer or a volunteer leader under the Peace Corps Act (22 
U.S.C. 2501 et seq.), the length of a probationary period 
established under paragraph (1) or (2) of subsection (a) 
shall--
          ``(A) with respect to any position occupied by such 
        an individual that requires formal training, begin on 
        the date of appointment to the position and end on the 
        date that is 1 year after the date on which such formal 
        training is completed;
          ``(B) with respect to any position occupied by such 
        an individual that requires a license, begin on the 
        date of appointment to the position and end on the date 
        that is 1 year after the date on which such license is 
        granted; and
          ``(C) with respect to any position occupied by such 
        an individual that is not covered by subparagraph (A) 
        or (B), be a period of 1 year beginning on the date of 
        the appointment to the position.
  Page 4, line 9, strike ``paragraph (1)'' and insert ``this 
subsection''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Johnson of Georgia or 
                 His Designee, Debatable for 10 Minutes

  Page 3, after line 24, insert the following (and redesignate 
accordingly):
          ``(3) any individual who is required to complete a 
        probationary period under this section receive written 
        performance feedback every 180 days during such 
        probationary period that includes notification of 
        whether the individual is making satisfactory or 
        unsatisfactory progress towards meeting any 
        requirements for which notice is required under 
        paragraph (2);
                              ----------                              


3. An Amendment To Be Offered by Representative Gianforte of Montana or 
                 His Designee, Debatable for 10 Minutes

  Page 4, strike lines 1 through 5 and insert the following:
          ``(3) any supervisor or manager of an individual who 
        is required to complete a probationary period under 
        this section receives periodic notifications of the end 
        date of such period not later than 1 year, 6 months, 3 
        months, and 30 days before such end date; and
                              ----------                              


4. An Amendment To Be Offered by Representative Connolly of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. STUDY ON LENGTH OF PROBATIONARY PERIOD.

  (a) In General.--The Comptroller General of the United States 
shall conduct a study on Federal agencies that have lengthened 
the employee probationary period from 1 to 2 years and other 
potential extensions of probationary periods for certain 
occupations in the Federal Government.
  (b) Contents.--The study required under subsection (a) shall 
analyze--
          (1) any impact of an existing 2-year probationary 
        period (compared to a 1-year probationary period) on 
        the employing agency's ability to deal with 
        underperforming employees, improve productivity, 
        improve recruitment and retention, and accomplish the 
        mission of the agency and shall include the Department 
        of Defense as a case study; and
          (2) whether certain occupations in the Federal 
        Government should have probationary periods in excess 
        of 1 year because of the complexity, sensitivity, or 
        unique occupational challenges of such occupations, 
        including--
                  (A) whether such a probationary period 
                extension would provide supervisors sufficient 
                time to adequately assess employee performance 
                and whether the extension would lead to 
                measureable improvements in the performance of 
                employees in those occupations; and
                  (B) an identification of the occupations, and 
                the characteristics of those occupations, that 
                would benefit from longer probationary periods, 
                including requirements to exercise supervisory 
                authority and possess professional licenses and 
                training.
  (c) Report.--Not later than 2 years after the date of 
enactment of this Act, the Comptroller General shall submit to 
the Committee on Oversight and Government Reform of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report containing the 
study required under subsection (a).

                                  [all]