[House Report 119-604]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 119-604
======================================================================
ENSURING A QUALIFIED CIVIL SERVICE ACT OF 2025
_______
April 9, 2026.--Committed to the Committee of the Whole House on the
State
of the Union and ordered to be printed
_______
Mr. Comer, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5750]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 5750) to amend title 5, United
States Code, to modify probationary periods with respect to
positions in the competitive service, to establish trial
periods for positions in the excepted service, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Summary and Purpose of Legislation............................... 4
Background and Need for Legislation.............................. 4
Section-by-Section Analysis...................................... 6
Legislative History.............................................. 8
Committee Consideration.......................................... 9
Roll Call Votes.................................................. 9
Explanation of Amendments........................................ 12
List of Related Committee Hearings............................... 12
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 12
Statement of General Performance Goals and Objectives............ 12
Application of Law to the Legislative Branch..................... 13
Federal Advisory Committee Act Statement......................... 13
Unfunded Mandates Reform Act Statement........................... 13
Earmark Identification........................................... 13
Committee Cost Estimate.......................................... 13
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 13
Changes in Existing Law Made by the Bill, as Reported............ 14
The amendment is as follows:
Strike out all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring a Qualified Civil Service Act
of 2025'' or the ``EQUALS Act of 2025''.
SEC. 2. 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), (d), and (e), the
President'';
(2) by redesignating subsection (c) as subsection (f); and
(3) by inserting after subsection (b) the following:
``(c)(1)(A) Except as provided in subparagraph (B) or otherwise
specified in law, an individual's initial appointment to a position in
the competitive service shall become final only after the individual
has served a 2-year probationary period.
``(B) A preference eligible's initial appointment to a position in
the competitive service shall become final only after the individual
has served a 1-year probationary period.
``(2) During an employee's probationary period under paragraph (1),
the employing agency shall evaluate the fitness of the employee and
whether the employee's continued employment advances the public
interest. An employee shall be terminated from the civil service on the
last day of the employee's probationary period unless the employing
agency certifies, to the Director of the Office of Personnel Management
within the 30 days before such date, that finalizing the employee's
appointment advances the public interest. Before an agency terminates
an employee serving under a probationary period pursuant to this
subsection, the agency shall provide notice (in writing) to the
employee of the effective date of such termination.
``(3) The appointment of an employee serving under a probationary
period may not become final until the employee has demonstrated to the
employee's supervisor, through official performance and other metrics
as determined by the agency head in conformance with guidance issued by
the Office of Personnel Management, that the employee's continued
employment in the civil service is in the public interest.
``(4) With respect to any certification under paragraph (2), the
agency head may consider, in the head's sole and exclusive discretion--
``(A) the employee's performance and conduct;
``(B) the needs and interests of the agency;
``(C) whether the employee's continued employment would
advance organizational goals of the agency or the Federal
Government; and
``(D) whether the employee's continued employment would
advance the efficiency of the civil service.
``(5) If the head of an agency fails to make a certification under
paragraph (2) due to an administrative error, the head may petition the
Director of the Office of Personnel Management, within 30 days after
the date an employee was terminated from the civil service, to
reinstate the employee. Any employee reinstated within such 30-day
period shall be entitled to backpay in accordance with section 5596 of
this title.
``(6) This subsection--
``(A) shall apply to an employee appointed under chapter 73
or 74 of title 38, notwithstanding section 7401 of such title;
and
``(B) shall not apply to--
``(i) an employee serving a probationary period due
to being initially promoted, transferred, or otherwise
assigned to a position as a supervisor (as that term is
defined in section 7103 of this title) or any other
managerial position, unless such employee is required
to concurrently serve both a probationary period in
such position and a probationary period following
initial appointment or reinstatement;
``(ii) an employee of the United States Postal
Service or the Postal Regulatory Commission; or
``(iii) the Congress or any congressional agency.
``(d)(1) Except as provided in paragraph (2), the length of a
probationary period established under subsection (a) shall--
``(A) with respect to any position that requires formal
training, begin on the date of appointment to the position and
end on the date that is 2 years after the date on which such
formal training is completed;
``(B) with respect to any position that requires a license,
begin on the date of appointment to the position and end on the
date that is 2 years after the date on which such license is
granted; and
``(C) with respect to any position not covered by
subparagraph (A) or (B), be a period of 2 years beginning on
the date of the appointment to the position.
``(2) With respect to any preference eligible, paragraph (1) shall be
applied by substituting `1 year' for `2 years'.
``(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.
``(e) 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 the agency
and any offer of appointment made to any individual with
respect to any such position clearly states the terms and
conditions of any applicable probationary period, including any
formal training period and any license requirement;
``(2) any individual who is required to complete a
probationary period under this section receives timely notice
of any requirements, including performance requirements, that
must be met in order to satisfactorily complete such period;
``(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) if the head decides to retain an individual after the
completion of a probationary period under this section, the
head submits a certification to that effect, supported by a
brief statement of the basis for the certification, in such
form and manner as the President may by regulation
prescribe.''.
(b) Technical Amendment.--Section 3321(f) of title 5, United States
Code (as redesignated by subsection (a)(2) of this section), is amended
by striking ``Subsections (a) and (b)'' and inserting ``Subsections (a)
through (e)''.
(c) Effective Date.--This section and the amendments made by this
section--
(1) shall take effect 1 year after the date of the enactment
of this Act; and
(2) shall apply to any individual appointed to a position in
the competitive service, or any individual who is initially
promoted, transferred, or otherwise assigned to be a supervisor
and who is required to serve a probationary period under
section 3321(c)(6)(B)(i) of title 5, United States Code (as
added by subsection (a) of this section), on or after the
effective date in paragraph (1) of this subsection.
SEC. 3. TRIAL PERIOD IN EXCEPTED SERVICE.
(a) In General.--Subchapter I of chapter 33 of title 5, United States
Code, is amended by inserting after section 3321 the following (and
conforming the table of contents of such subchapter accordingly):
``Sec. 3321a. Excepted service; trial period
``(a)(1) Except as otherwise specified in law or provided in
paragraph (2), an employee appointed to a position in the excepted
service shall serve a 2-year trial period.
``(2) A preference eligible appointed to a position in the excepted
service shall serve a 1-year trial period.
``(b) An employee serving under a trial period pursuant to subsection
(a) and who is transferred, promoted, demoted, or reassigned to any
other excepted service position before the end of such trial period
shall complete the remainder of such trial period in the new position.
``(c) An individual who separates from the civil service for a period
of more than 30 days after completing a trial period under this section
and who is reappointed to an excepted service position shall complete a
new trial period unless such individual is appointed to the same or a
substantially similar position in the same agency the employee held
immediately before separation.
``(d) This section shall not apply to any agency or employee
described in section 3321(c)(6)(B).''.
(b) Effective Date.--This section and the amendments made by this
section--
(1) shall take effect 1 year after the date of the enactment
of this Act; and
(2) shall apply to any individual appointed to a position in
the excepted service on or after the effective date in
paragraph (1) of this subsection.
SEC. 4. FAA AND TSA.
Section 40122(g)(2) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (I);
(2) by striking the period at the end of subparagraph (J) and
inserting ``; and''; and
(3) by adding at the end the following:
``(K) sections 3321 and 3321a relating to
probationary and trial periods, respectively.''.
SEC. 5. ADVERSE ACTIONS.
(a) Actions Based on Unacceptable Performance.--Section 4303(f) of
title 5, United States Code, is amended--
(1) in paragraph (2), by striking ``1 year of current
continuous employment'' and inserting ``, with respect to a
preference eligible 1 year of current continuous employment,
and with respect to any other employee 2 years of current
continuous employment,''; and
(2) in paragraph (3), by striking ``1 year of current
continuous employment'' and inserting ``, with respect to a
preference eligible 1 year of current continuous employment,
and with respect to any other employee 2 years of current
continuous employment,''.
(b) Subchapter I of Chapter 75 of Title 5.--Section 7501(1) of title
5, United States Code, is amended--
(1) by striking ``or who has'' and inserting ``and who has'';
and
(2) by striking ``1 year of current continuous employment''
and inserting ``, with respect to a preference eligible 1 year
of current continuous employment, and with respect to any other
employee 2 years of current continuous employment,''.
(c) Subchapter II of Chapter 75 of Title 5.--Section 7511(a)(1) of
title 5, United States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``; or'' and inserting
``; and''; and
(B) in clause (ii), by striking ``1 year of current
continuous service'' and inserting ``, with respect to
a preference eligible 1 year of current continuous
service, and with respect to any other employee 2 years
of current continuous service,''; and
(2) in subparagraph (C)(i), by striking ``; or'' and
inserting ``; and''.
(d) Effective Date; Application.--The amendments made by subsections
(a), (b), and (c)--
(1) shall take effect 1 year after the date of the enactment
of this Act; and
(2) shall apply in the case of any individual appointed to a
position in the competitive service or excepted service on or
after the effective date in paragraph (1).
SEC. 6. REGULATIONS REQUIRED.
Not later than 180 days after the date of the enactment of this Act,
the Director of the Office of Personnel Management shall issue such
regulations as are necessary to carry out this Act and the amendments
made by this Act.
Summary and Purpose of Legislation
This bill amends federal law to provide for two-year
probationary periods for most competitive and excepted service
employees following initial appointment, training and/or
licensing completion, except ``preference eligibles'' (e.g.
veterans, widows, etc.) who receive one-year probationary
periods. Employment is terminated at the end of respective
probationary periods except for those who are certified by
agency heads to be retained.
Background and Need for Legislation
On April 24, 2025, the President issued Executive Order
14284 titled ``Strengthening Probationary Periods in the
Federal Service'' which reinforces how ``[p]robationary periods
(for employees in the competitive service) and trial periods
(for employees in the excepted service) have provided a
longstanding critical tool to assess the fitness of newly hired
Federal employees before finalizing their appointments to
Federal service.''\1\ The Order goes on to note however that
``agencies have not been using probationary and trial periods
as effectively as they could to remove appointees whose
continued employment is not in the public interest . . . often
retain[ing] and giv[ing] tenure to underperforming employees
who should have been screened out during their probationary
period.''\2\
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\1\Exec. Order No. 14284, 90 Fed. Reg. 17729 (Apr. 29, 2025).
\2\Id.
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Therefore, to ensure that agencies make better use of
probationary and trial periods, EO 14284 directs agencies to
affirmatively determine that the continued employment of
individuals serving probationary or trial periods would benefit
the Federal service before such appointments are finalized.
This order follows a February 2015 report by the Government
Accountability Office (GAO) titled ``Improved Supervision and
Better Use of Probationary Periods Are Needed to Address
Substandard Employee Performance'' where GAO asserts that
agencies ``may not be using the supervisory probationary period
as intended.''\3\
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\3\U.S. Government Accountability Office, GAO-15-191, Federal
Workforce: Improved Supervision and Better Use of Probationary Periods
Are Needed to Address Substandard Employee Performance (Feb. 2015), at
9.
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Specifically, GAO noted how ``the supervisory probationary
period may not be long enough for the supervisor to conduct
many performance management responsibilities''\4\ and that
agency ``supervisors are often not making performance-related
decisions about an individual's future likelihood of success
with the agency during the probationary period.''\5\
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\4\Id.
\5\Id. at 11.
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Therefore, the GAO concludes that ``agencies risk
continuing poorly performing individuals in a position in the
civil service, with all the rights that such an appointment
entails''\6\ and that ``an extension of the probationary period
would provide supervisors with time to make a performance
assessment for those occupations that are particularly complex
or difficult to assess.''\7\
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\6\Id. at 11-12.
\7\Id. at 13.
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Furthermore, an August 2005 Merit Systems Protection Board
(MSPB) report reveals ``[t]he purpose of the probationary
period is to provide the Government with an opportunity to
evaluate an individual's conduct and performance on the job to
determine if an appointment to the civil service should become
final.''\8\ That is, ``[u]ntil the probationary period has been
completed, a probationer is still an applicant for an
appointment, with the burden to demonstrate why it is in the
public interest for the Government to finalize an appointment
to the civil service for this particular individual.''\9\
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\8\U.S. Merit Sys. Protection Bd., Off. of Policy & Evaluation, The
Probationary Period: A Critical Assessment Opportunity (Aug. 2005),
available at https://www.mspb.gov/studies/studies/
The_Probationary_Period_A_Critical_Assessment_Opportunity_224555.pdf,
at i.
\9\Id.
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Further, the MSPB notes how ``[o]nce an appointment is
finalized, the probationer becomes an employee who is given a
considerable level of protection under the Federal Government's
merit system'' and that ``a probationer has only limited job
protections . . . including the right to appeal an adverse
action.''\10\ Such limited job protections during the
probationary period allow agencies to ``promptly and
effectively act upon their assessments of probationers.''\11\
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\10\Id. at i-ii.
\11\Id. at ii.
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In conclusion, the MSPB observes that ``if used fully, [the
probationary period] is one of the most valid assessment tools
available for supervisors to determine an individual's
potential to fulfill the needs of the specific position, the
agency, and the civil service.''\12\ However, extending
probationary time periods requires legislative action, which
the Administration cannot accomplish through executive action.
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\12\Id.
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H.R. 5750 follows through by implementing two-year
probationary periods for non-preference eligible competitive
and excepted service positions.\13\ Additionally, the bill
requires an employee to demonstrate to their supervisor,
through official performance and other metrics during their
probationary period, that their continued employment in the
civil service is in the public interest and that agencies
evaluate--and affirmatively certify--such before appointments
are finalized. To help with this process, the bill provides
supervisors and employees with timely and appropriate notices,
including in vacancy announcements and leading into the end of
probationary periods.
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\13\Consistent with Exec. Order No. 14284, preference eligible
positions would be subject to one-year probationary periods.
---------------------------------------------------------------------------
The concepts contained in the EQUALS Act are not new, as an
earlier version of this bill passed the Oversight and
Government Reform Committee, and ultimately the full House, as
H.R. 4182 in the 115th Congress.\14\
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\14\EQUALS Act of 2017, H.R. 4182, 115th Cong. 1 (passed the House
Nov. 17, 2017).
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Section-by-Section Analysis
Section 1. Short title
Section 2. Extension of probationary period for positions within the
competitive service
Subsection (a) amends 5 U.S.C 3321 (Competitive
service; probationary period.) to establish one-year
probationary periods for preference eligible competitive
service appointments and two-year probationary periods for
other competitive service appointments.
Directs employing agencies to evaluate
employee fitness through official performance metrics
and determine whether an employee's continued federal
employment advances the public interest before
certifying final appointment within 30 days of the end
of their respective probationary period for respective
employees.
Requires such certification to consider
employee performance and conduct, needs and interests
of the agency or Federal government, and whether their
continued employment would advance civil service
efficiency.
Specifies that those who do not receive
such certification shall be removed from the civil
service on the last day of the probationary period.
Specifies that agency heads who fail to
make a certification due to administrative error may
petition the Office of Personnel Management (OPM) to
reinstate the employee with backpay within 30 days
following employee removal.
Applies these provisions to Veterans
Health Administration employees, but not certain
recently promoted supervisors/managers, United States
Postal Service or Postal Regulatory Commission, nor
Congress or congressional agency employees.
Specifies that respective probationary
periods commence immediately following initial
appointment or, if applicable, formal training
completion or license/certification granting.
Requires agencies to ensure that:
D Vacant position announcements make clear
terms and conditions of probationary periods;
D Employees subject to probationary periods
receive timely notice of (satisfactory
performance) requirements;
D Supervisors/managers receive notice 1 year,
6 months, 3 months and 30 days before the end
of respective employees' probationary periods;
and
D That upon successful completion of
probationary periods, final appointment
certifications include brief statement of their
basis.
Subsection (b) contains technical amendments.
Subsection (c) provides that provisions in this
section apply to those initially appointed to respective
competitive service positions one year following the date of
enactment of this Act.
Section 3. Trial period in excepted service
Subsection (a) adds a new section 3321a (Excepted
service, trial period.) to Title 5, U.S. Code, which
establishes one-year trial periods for preference eligible
excepted service appointments and two-year trial periods for
other competitive service appointments unless otherwise
specified in law.
Provides that employees transferred,
promoted, demoted or reassigned to another excepted
service position shall complete remainder of any
respective probationary periods in the new position.
Specifies that those who are separated
for more than 30 days but are subsequently reappointed
to an excepted service position shall complete a new
trial period, unless the new position is
``substantially similar'' to that most immediately
held.
Specifies that such provisions do not
apply to certain recently promoted supervisors/
managers, United States Postal Service or Postal
Regulatory Commission, nor Congress or congressional
agency employees.
Subsection (b) provides that provisions in this
section apply to those initially appointed to respective
competitive service positions one year following the date of
enactment of the Act.
Section 4. FAA and TSA
Applies provisions to Federal Aviation
Administration personnel management system (including
Transportation Security Administration employees) by amending
49 U.S.C. 40122 (Federal Aviation Administration personnel
management system.).
Section 5. Adverse actions
Subsection (a) amends 5 U.S.C. 4303 (Actions based
on unacceptable performance) to ensure that the special
procedures for handling actions based on unacceptable
performance do not apply to competitive or exempted service
employees who have ``not completed, with respect to a
preference eligible 1 year of current continuous employment,
and with respect to any other employee 2 years of current
continuous employment.''
Subsection (b) amends 5 U.S.C. 7501 (Suspension
for 14 Days or Less; Definitions) to ensure that the special
procedures for handling adverse actions involving potential
suspension for 14 days or less apply to competitive service
employees who are ``not serving a probationary or trial period
under an initial appointment and who has completed, with
respect to a preference eligible 1 year of current continuous
employment, and with respect to any other employee 2 years of
current continuous employment.''
Subsection (c) amends 5 U.S.C. 7511 (Adverse
Actions; Removal, Suspension for more than 14 Days, Reduction
in Grade or Pay, or Furlough for 30 Days or Less; Definitions;
Application) to ensure the special procedures for handling
adverse actions involving potential ``removal, suspension for
more than 14 days, reduction in grade or pay, or furlough for
30 days or less'' apply to:
Competitive service employees who are
``not serving a probationary or trial period under an
initial appointment and who has completed, with respect
to a preference eligible 1 year of current continuous
service, and with respect to any other employee 2 years
of current continuous service''.
``A preference eligible in the excepted
service who has completed 1 year of current continuous
service in the same or similar position'' as already
included in existing law; and
Excepted service employees (other than a
preference eligible) who are ``not serving a
probationary or trial period under an initial
appointment pending conversion to the competitive
service; and who has completed 2 years of current
continuous service in the same or similar positions in
an Executive agency.''
Subsection (d) provides that the provisions in
this section apply to those initially appointed to respective
competitive or excepted service positions one year following
the date of enactment of the Act.
Section 6. Regulations Required
Provides that OPM shall issue regulations as
necessary to carry out this bill within 180 days of the date of
enactment of the Act.
Legislative History
On October 14, 2025, Representative Brandon Gill (R-TX)
introduced H.R. 5750, the Ensuring a Qualified Civil Service
Act of 2025. The following Representatives are cosponsors of
the bill: James Comer (R-KY), Michael Cloud (R-TX), Barry Moore
(R-AL), and Pat Harrigan (R-NC). H.R. 5750 was referred to the
Committee on Oversight and Government Reform. The Committee
considered H.R. 5750 at a business meeting on December 2, 2025
and ordered the bill, as amended, favorably reported by a
recorded vote of 24-19.
On October 31, 2017 in the 115th Congress Representative
James Comer (R-KY) introduced H.R. 4182, the Ensuring a
Qualified Civil Service Act of 2017, with Representative Mark
Meadows (R-NC) and Representative Jody Hice (R-GA). H.R. 4182
represented similar policy to H.R. 5750 and was referred to the
Committee on Oversight and Government Reform. The Committee
considered H.R. 4182 at a business meeting on November 2, 2017,
and ordered the bill favorably reported by a recorded vote of
19 to 17. The bill ultimately passed the House by a recorded
vote of 213-204 on November 30, 2017.
Previously, in the 114th Congress, Representative Ken Buck
(R-CO) introduced a similar bill, H.R. 3023. On January 12,
2016, the Committee ordered H.R. 3023 favorably reported by a
recorded vote of 20 to 16. The text of H.R. 3023 was
subsequently added as Title III of H.R. 4361, the Government
Reform and Improvement Act of 2016, which passed the House by a
recorded vote of 241 to 181 on July 7, 2016.
Committee Consideration
On December 2, 2025, the Committee met in open session and
ordered the bill, H.R. 5750, favorably reported with an
amendment in the nature of a substitute, by a roll call vote of
24-19, a quorum being present.
Roll Call Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the following roll call vote
occurred during the Committee's consideration of H.R. 5750:
A roll call vote on approving an amendment to the ANS
offered by Representative Stephen Lynch (D-MA) failed by a
recorded vote of 19-23.
A voice vote on approving the ANS to H.R. 5750 was agreed
to on voice vote.
A roll call vote on favorably reporting H.R. 5750, agreed
to in a recorded vote of 24-19.
Explanation of Amendments
During Committee consideration of the bill, Representative
James Comer (R-KY), Chairman of the Committee, offered an
amendment in the nature of a substitute that made a certain
technical change to the bill. The amendment in the nature of a
substitute passed by voice vote.
Also during Committee consideration of the bill,
Representative Stephen Lynch (D-MA) offered an amendment to the
amendment in the nature of a substitute seeking to strike the
entirety of the ANS and replace it with legislation requiring
the Government Accountability Office to conduct a study, and
issue a report within two years of enactment, analyzing the
impact of 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) as well as 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.
List of Related Committee Hearings
In accordance with House rule XIII, clause 3(c)(6), (1) the
following hearing was used to develop or consider H.R. 5750:
On February 25, 2025, the Committee on Oversight and
Government Reform Held a legislative hearing titled ``The
Government Accountability Office's 2025 High Risk List'' with
Gene L. Dodaro, Comptroller General of the United States, U.S.
Government Accountability Office.
(2) The following related hearing was held:
On February 25, 2025, the Committee on Oversight and
Government Reform Held a legislative hearing titled ``The
Government Accountability Office's 2025 High Risk List'' with
Gene L. Dodaro, Comptroller General of the United States, U.S.
Government Accountability Office.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the Background and Need for
Legislation section above.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals or objectives of this bill are to provide for two-year
probationary periods for most competitive and excepted service
employees following initial appointment, training and/or
licensing completion, except ``preference eligibles'' (e.g.
veterans, widows, etc.) who receive one-year probationary
periods, terminating employment at the end of respective
probationary periods except for those who are certified by
agency heads to be retained.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill does not relate to employment or access to public
services and accommodations in the legislative branch.
Duplication of Federal Programs
In accordance with clause 3(c)(5) of rule XIII no provision
of this bill establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Federal Advisory Committee Act Statement
Pursuant to section 5(b) of Public Law 92-463 (5 U.S.C.
1004(b)), the Federal Advisory Committee Act, the Committee
finds that this Committee Print does not direct the
establishment of an advisory committee.
Unfunded Mandates Reform Act Statement
Pursuant to section 423 of the Congressional Budget Act of
1974 the Committee has included a letter received from the
Congressional Budget Office below.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the House of Representatives.
Committee Cost Estimate
Pursuant to clause 3(d) of rule XIII of the Rules of the
House of Representatives, the Committee includes below a cost
estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a) of the
Congressional Budget Act of 1974, and pursuant to clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives, the cost estimate prepared by the
Congressional Budget Office and submitted pursuant to section
402 of the Congressional Budget Act of 1974 is as follows:
H.R. 5750 would extend the probationary period for most new
federal employees from one to two years and would require
agencies to affirmatively convert new hires to permanent
appointments at the end of that period. Because most of the
bill's requirements would codify existing guidance from the
Office of Personnel Management (OPM) issued under Executive
Order 14284, CBO estimates that implementing H.R. 5750 would
cost less than $500,000 over the 2026-2031 period; any related
spending would be subject to the availability of appropriated
funds.
Enacting the bill could affect direct spending by some
agencies that are allowed to use fees, receipts from the sale
of goods, and other collections to cover operating costs. CBO
estimates that any net changes in direct spending by those
agencies would be negligible because most of them can adjust
amounts collected to reflect changes in operating costs.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART B--EMPLOYMENT AND RETENTION
* * * * * * *
CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
Sec.
3301. Civil service; generally.
* * * * * * *
3321a. Excepted service; trial period.
* * * * * * *
SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
* * * * * * *
Sec. 3321. Competitive service; probationary period
(a) [The President] Subject to subsections (c), (d), and (e),
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)(1)(A) Except as provided in subparagraph (B) or otherwise
specified in law, an individual's initial appointment to a
position in the competitive service shall become final only
after the individual has served a 2-year probationary period.
(B) A preference eligible's initial appointment to a position
in the competitive service shall become final only after the
individual has served a 1-year probationary period.
(2) During an employee's probationary period under paragraph
(1), the employing agency shall evaluate the fitness of the
employee and whether the employee's continued employment
advances the public interest. An employee shall be terminated
from the civil service on the last day of the employee's
probationary period unless the employing agency certifies, to
the Director of the Office of Personnel Management within the
30 days before such date, that finalizing the employee's
appointment advances the public interest. Before an agency
terminates an employee serving under a probationary period
pursuant to this subsection, the agency shall provide notice
(in writing) to the employee of the effective date of such
termination.
(3) The appointment of an employee serving under a
probationary period may not become final until the employee has
demonstrated to the employee's supervisor, through official
performance and other metrics as determined by the agency head
in conformance with guidance issued by the Office of Personnel
Management, that the employee's continued employment in the
civil service is in the public interest.
(4) With respect to any certification under paragraph (2),
the agency head may consider, in the head's sole and exclusive
discretion--
(A) the employee's performance and conduct;
(B) the needs and interests of the agency;
(C) whether the employee's continued employment would
advance organizational goals of the agency or the
Federal Government; and
(D) whether the employee's continued employment would
advance the efficiency of the civil service.
(5) If the head of an agency fails to make a certification
under paragraph (2) due to an administrative error, the head
may petition the Director of the Office of Personnel
Management, within 30 days after the date an employee was
terminated from the civil service, to reinstate the employee.
Any employee reinstated within such 30-day period shall be
entitled to backpay in accordance with section 5596 of this
title.
(6) This subsection--
(A) shall apply to an employee appointed under
chapter 73 or 74 of title 38, notwithstanding section
7401 of such title; and
(B) shall not apply to--
(i) an employee serving a probationary period
due to being initially promoted, transferred,
or otherwise assigned to a position as a
supervisor (as that term is defined in section
7103 of this title) or any other managerial
position, unless such employee is required to
concurrently serve both a probationary period
in such position and a probationary period
following initial appointment or reinstatement;
(ii) an employee of the United States Postal
Service or the Postal Regulatory Commission; or
(iii) the Congress or any congressional
agency.
(d)(1) Except as provided in paragraph (2), the length of a
probationary period established under subsection (a) shall--
(A) with respect to any position that requires formal
training, begin on the date of appointment to the
position and end on the date that is 2 years after the
date on which such formal training is completed;
(B) with respect to any position that requires a
license, begin on the date of appointment to the
position and end on the date that is 2 years after the
date on which such license is granted; and
(C) with respect to any position not covered by
subparagraph (A) or (B), be a period of 2 years
beginning on the date of the appointment to the
position.
(2) With respect to any preference eligible, paragraph (1)
shall be applied by substituting ``1 year'' for ``2 years''.
(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.
(e) 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 the
agency and any offer of appointment made to any
individual with respect to any such position clearly
states the terms and conditions of any applicable
probationary period, including any formal training
period and any license requirement;
(2) any individual who is required to complete a
probationary period under this section receives timely
notice of any requirements, including performance
requirements, that must be met in order to
satisfactorily complete such period;
(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) if the head decides to retain an individual after
the completion of a probationary period under this
section, the head submits a certification to that
effect, supported by a brief statement of the basis for
the certification, in such form and manner as the
President may by regulation prescribe.
[(c) Subsections (a) and (b)] (f) Subsections (a) through (e)
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.
Sec. 3321a. Excepted service; trial period
(a)(1) Except as otherwise specified in law or provided in
paragraph (2), an employee appointed to a position in the
excepted service shall serve a 2-year trial period.
(2) A preference eligible appointed to a position in the
excepted service shall serve a 1-year trial period.
(b) An employee serving under a trial period pursuant to
subsection (a) and who is transferred, promoted, demoted, or
reassigned to any other excepted service position before the
end of such trial period shall complete the remainder of such
trial period in the new position.
(c) An individual who separates from the civil service for a
period of more than 30 days after completing a trial period
under this section and who is reappointed to an excepted
service position shall complete a new trial period unless such
individual is appointed to the same or a substantially similar
position in the same agency the employee held immediately
before separation.
(d) This section shall not apply to any agency or employee
described in section 3321(c)(6)(B).
* * * * * * *
SUBPART C--EMPLOYEE PERFORMANCE
* * * * * * *
CHAPTER 43--PERFORMANCE APPRAISAL
* * * * * * *
SUBCHAPTER I--GENERAL PROVISIONS
* * * * * * *
Sec. 4303. Actions based on unacceptable performance
(a) Subject to the provisions of this section, an agency may
reduce in grade or remove an employee for unacceptable
performance.
(b)(1) An employee whose reduction in grade or removal is
proposed under this section is entitled to--
(A) 30 days' advance written notice of the proposed
action which identifies--
(i) specific instances of unacceptable
performance by the employee on which the
proposed action is based; and
(ii) the critical elements of the employee's
position involved in each instance of
unacceptable performance;
(B) be represented by an attorney or other
representative;
(C) a reasonable time to answer orally and in
writing; and
(D) a written decision which--
(i) in the case of a reduction in grade or
removal under this section, specifies the
instances of unacceptable performance by the
employee on which the reduction in grade or
removal is based, and
(ii) unless proposed by the head of the
agency, has been concurred in by an employee
who is in a higher position than the employee
who proposed the action.
(2) An agency may, under regulations prescribed by the head
of such agency, extend the notice period under subsection
(b)(1)(A) of this section for not more than 30 days. An agency
may extend the notice period for more than 30 days only in
accordance with regulations issued by the Office of Personnel
Management.
(c) The decision to retain, reduce in grade, or remove an
employee--
(1) shall be made within 30 days after the date of
expiration of the notice period, and
(2) in the case of a reduction in grade or removal,
may be based only on those instances of unacceptable
performance by the employee--
(A) which occurred during the 1-year period
ending on the date of the notice under
subsection (b)(1)(A) of this section in
connection with the decision; and
(B) for which the notice and other
requirements of this section are complied with.
(d) If, because of performance improvement by the employee
during the notice period, the employee is not reduced in grade
or removed, and the employee's performance continues to be
acceptable for 1 year from the date of the advance written
notice provided under subsection (b)(1)(A) of this section, any
entry or other notation of the unacceptable performance for
which the action was proposed under this section shall be
removed from any agency record relating to the employee.
(e) Any employee who is--
(1) a preference eligible;
(2) in the competitive service; or
(3) in the excepted service and covered by subchapter
II of chapter 75,
and who has been reduced in grade or removed under this section
is entitled to appeal the action to the Merit Systems
Protection Board under section 7701.
(f) This section does not apply to--
(1) the reduction to the grade previously held of a
supervisor or manager who has not completed the
probationary period under section 3321(a)(2) of this
title,
(2) the reduction in grade or removal of an employee
in the competitive service who is serving a
probationary or trial period under an initial
appointment or who has not completed [1 year of current
continuous employment], with respect to a preference
eligible 1 year of current continuous employment, and
with respect to any other employee 2 years of current
continuous employment, under other than a temporary
appointment limited to 1 year or less,
(3) the reduction in grade or removal of an employee
in the excepted service who has not completed [1 year
of current continuous employment], with respect to a
preference eligible 1 year of current continuous
employment, and with respect to any other employee 2
years of current continuous employment, in the same or
similar positions, or
(4) any removal or demotion under section 714 of
title 38.
* * * * * * *
SUBPART F--LABOR-MANAGEMENT AND EMPLOYEE RELATIONS
* * * * * * *
CHAPTER 75--ADVERSE ACTIONS
* * * * * * *
SUBCHAPTER I--SUSPENSION FOR 14 DAYS OR LESS
Sec. 7501. Definitions
For the purpose of this subchapter--
(1) ``employee'' means an individual in the
competitive service who is not serving a probationary
or trial period under an initial appointment [or who
has] and who has completed [1 year of current
continuous employment], with respect to a preference
eligible 1 year of current continuous employment, and
with respect to any other employee 2 years of current
continuous employment, in the same or similar positions
under other than a temporary appointment limited to 1
year or less; and
(2) ``suspension'' means the placing of an employee,
for disciplinary reasons, in a temporary status without
duties and pay.
* * * * * * *
SUBCHAPTER II--REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN
GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS
Sec. 7511. Definitions; application
(a) For the purpose of this subchapter--
(1) ``employee'' means--
(A) an individual in the competitive
service--
(i) who is not serving a probationary
or trial period under an initial
appointment[; or]; and
(ii) who has completed [1 year of
current continuous service], with
respect to a preference eligible 1 year
of current continuous service, and with
respect to any other employee 2 years
of current continuous service, under
other than a temporary appointment
limited to 1 year or less;
(B) a preference eligible in the excepted
service who has completed 1 year of current
continuous service in the same or similar
positions--
(i) in an Executive agency; or
(ii) in the United States Postal
Service or Postal Regulatory
Commission; and
(C) an individual in the excepted service
(other than a preference eligible)--
(i) who is not serving a probationary
or trial period under an initial
appointment pending conversion to the
competitive service[; or]; and
(ii) who has completed 2 years of
current continuous service in the same
or similar positions in an Executive
agency under other than a temporary
appointment limited to 2 years or less;
(2) ``suspension'' has the same meaning as set forth
in section 7501(2) of this title;
(3) ``grade'' means a level of classification under a
position classification system;
(4) ``pay'' means the rate of basic pay fixed by law
or administrative action for the position held by an
employee; and
(5) ``furlough'' means the placing of an employee in
a temporary status without duties and pay because of
lack of work or funds or other nondisciplinary reasons.
(b) This subchapter does not apply to an employee--
(1) whose appointment is made by and with the advice
and consent of the Senate;
(2) whose position has been determined to be of a
confidential, policy-determining, policy-making or
policy-advocating character by--
(A) the President for a position that the
President has excepted from the competitive
service;
(B) the Office of Personnel Management for a
position that the Office has excepted from the
competitive service; or
(C) the President or the head of an agency
for a position excepted from the competitive
service by statute;
(3) whose appointment is made by the President;
(4) who is receiving an annuity from the Civil
Service Retirement and Disability Fund, or the Foreign
Service Retirement and Disability Fund, based on the
service of such employee;
(6) who is a member of the Foreign Service, as
described in section 103 of the Foreign Service Act of
1980;
(7) whose position is within the Central Intelligence
Agency or the Government Accountability Office;
(8) whose position is within the United States Postal
Service, the Postal Regulatory Commission, the Panama
Canal Commission, the Tennessee Valley Authority, the
Federal Bureau of Investigation, an intelligence
component of the Department of Defense (as defined in
section 1614 of title 10), or an intelligence activity
of a military department covered under subchapter I of
chapter 83 of title 10, unless subsection (a)(1)(B) of
this section or section 1005(a) of title 39 is the
basis for this subchapter's applicability;
(9) who is described in section 5102(c)(11) of this
title; or
(10) who holds a position within the Veterans Health
Administration which has been excluded from the
competitive service by or under a provision of title
38, unless such employee was appointed to such position
under section 7401(3) of such title.
(c) The Office may provide for the application of this
subchapter to any position or group of positions excepted from
the competitive service by regulation of the Office which is
not otherwise covered by this subchapter.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART i--GENERAL
* * * * * * *
CHAPTER 401--GENERAL PROVISIONS
* * * * * * *
Sec. 40122. Federal Aviation Administration personnel management system
(a) In General.--
(1) Consultation and negotiation.--In developing and
making changes to the personnel management system
initially implemented by the Administrator of the
Federal Aviation Administration on April 1, 1996, the
Administrator shall negotiate with the exclusive
bargaining representatives of employees of the
Administration certified under section 7111 of title 5
and consult with other employees of the Administration.
(2) Dispute resolution.--
(A) Mediation.--If the Administrator does not
reach an agreement under paragraph (1) or the
provisions referred to in subsection (g)(2)(C)
with the exclusive bargaining representative of
the employees, the Administrator and the
bargaining representative--
(i) shall use the services of the
Federal Mediation and Conciliation
Service to attempt to reach such
agreement in accordance with part 1425
of title 29, Code of Federal
Regulations (as in effect on the date
of enactment of the FAA Modernization
and Reform Act of 2012); or
(ii) may by mutual agreement adopt
alternative procedures for the
resolution of disputes or impasses
arising in the negotiation of the
collective-bargaining agreement.
(B) Mid-term bargaining.--If the services of
the Federal Mediation and Conciliation Service
under subparagraph (A)(i) do not lead to the
resolution of issues in controversy arising
from the negotiation of a mid-term collective-
bargaining agreement, the Federal Service
Impasses Panel shall assist the parties in
resolving the impasse in accordance with
section 7119 of title 5.
(C) Binding arbitration for term
bargaining.--
(i) Assistance from federal service
impasses panel.--If the services of the
Federal Mediation and Conciliation
Service under subparagraph (A)(i) do
not lead to the resolution of issues in
controversy arising from the
negotiation of a term collective-
bargaining agreement, the Administrator
and the exclusive bargaining
representative of the employees (in
this subparagraph referred to as the
``parties'') shall submit their issues
in controversy to the Federal Service
Impasses Panel. The Panel shall assist
the parties in resolving the impasse by
asserting jurisdiction and ordering
binding arbitration by a private
arbitration board consisting of 3
members.
(ii) Appointment of arbitration
board.--The Executive Director of the
Panel shall provide for the appointment
of the 3 members of a private
arbitration board under clause (i) by
requesting the Director of the Federal
Mediation and Conciliation Service to
prepare a list of not less than 15
names of arbitrators with Federal
sector experience and by providing the
list to the parties. Not later than 10
days after receiving the list, the
parties shall each select one person
from the list. The 2 arbitrators
selected by the parties shall then
select a third person from the list not
later than 7 days after being selected.
If either of the parties fails to
select a person or if the 2 arbitrators
are unable to agree on the third person
in 7 days, the parties shall make the
selection by alternately striking names
on the list until one arbitrator
remains.
(iii) Framing issues in
controversy.--If the parties do not
agree on the framing of the issues to
be submitted for arbitration, the
arbitration board shall frame the
issues.
(iv) Hearings.--The arbitration board
shall give the parties a full and fair
hearing, including an opportunity to
present evidence in support of their
claims and an opportunity to present
their case in person, by counsel, or by
other representative as they may elect.
(v) Decisions.--The arbitration board
shall render its decision within 90
days after the date of its appointment.
Decisions of the arbitration board
shall be conclusive and binding upon
the parties.
(vi) Matters for consideration.--The
arbitration board shall take into
consideration such factors as--
(I) the effect of its
arbitration decisions on the
Federal Aviation
Administration's ability to
attract and retain a qualified
workforce;
(II) the effect of its
arbitration decisions on the
Federal Aviation
Administration's budget; and
(III) any other factors whose
consideration would assist the
board in fashioning a fair and
equitable award.
(vii) Costs.--The parties shall share
costs of the arbitration equally.
(3) Ratification of agreements.--Upon reaching a
voluntary agreement or at the conclusion of the binding
arbitration under paragraph (2)(C), the final
agreement, except for those matters decided by an
arbitration board, shall be subject to ratification by
the exclusive bargaining representative of the
employees, if so requested by the bargaining
representative, and the final agreement shall be
subject to approval by the head of the agency in
accordance with the provisions referred to in
subsection (g)(2)(C).
(4) Cost savings and productivity goals.--The
Administration and the exclusive bargaining
representatives of the employees shall use every
reasonable effort to find cost savings and to increase
productivity within each of the affected bargaining
units.
(5) Annual budget discussions.--The Administration
and the exclusive bargaining representatives of the
employees shall meet annually for the purpose of
finding additional cost savings within the
Administration's annual budget as it applies to each of
the affected bargaining units and throughout the
agency.
(b) Expert Evaluation.--On the date that is 3 years after the
personnel management system is implemented, the Administration
shall employ outside experts to provide an independent
evaluation of the effectiveness of the system within 3 months
after such date. For this purpose, the Administrator may
utilize the services of experts and consultants under section
3109 of title 5 without regard to the limitation imposed by the
last sentence of section 3109(b) of such title, and may
contract on a sole source basis, notwithstanding any other
provision of law to the contrary.
(c) Pay Restriction.--No officer or employee of the
Administration may receive an annual rate of basic pay in
excess of the annual rate of basic pay payable to the
Administrator.
(d) Ethics.--The Administration shall be subject to Executive
Order No. 12674 and regulations and opinions promulgated by the
Office of Government Ethics, including those set forth in
section 2635 of title 5 of the Code of Federal Regulations.
(e) Employee Protections.--Until July 1, 1999, basic wages
(including locality pay) and operational differential pay
provided employees of the Administration shall not be
involuntarily adversely affected by reason of the enactment of
this section, except for unacceptable performance or by reason
of a reduction in force or reorganization or by agreement
between the Administration and the affected employees'
exclusive bargaining representative.
(f) Labor-Management Agreements.--Except as otherwise
provided by this title, all labor-management agreements
covering employees of the Administration that are in effect on
the effective date of the Air Traffic Management System
Performance Improvement Act of 1996 shall remain in effect
until their normal expiration date, unless the Administrator
and the exclusive bargaining representative agree to the
contrary.
(g) Personnel Management System.--
(1) In general.--In consultation with the employees
of the Administration and such non-governmental experts
in personnel management systems as he may employ, and
notwithstanding the provisions of title 5 and other
Federal personnel laws, the Administrator shall develop
and implement, not later than January 1, 1996, a
personnel management system for the Administration that
addresses the unique demands on the agency's workforce.
Such a new system shall, at a minimum, provide for
greater flexibility in the hiring, training,
compensation, and location of personnel.
(2) Applicability of title 5.--The provisions of
title 5 shall not apply to the new personnel management
system developed and implemented pursuant to paragraph
(1), with the exception of--
(A) section 2302(b), relating to
whistleblower protection, including the
provisions for investigation and enforcement as
provided in chapter 12 of title 5;
(B) sections 3304(f), to the extent
consistent with the Federal Aviation
Administration's status as an excepted service
agency, 3308-3320, 3330a, 3330b, 3330c, and
3330d, relating to veterans' preference;
(C) chapter 71, relating to labor-management
relations;
(D) section 7204, relating to
antidiscrimination;
(E) chapter 73, relating to suitability,
security, and conduct;
(F) chapter 81, relating to compensation for
work injury;
(G) chapters 83-85, 87, and 89, relating to
retirement, unemployment compensation, and
insurance coverage;
(H) sections 1204, 1211-1218, 1221, and 7701-
7703, relating to the Merit Systems Protection
Board;
(I) subsections (b), (c), and (d) of section
4507 (relating to Meritorious Executive or
Distinguished Executive rank awards) and
subsections (b) and (c) of section 4507a
(relating to Meritorious Senior Professional or
Distinguished Senior Professional rank awards),
except that--
(i) for purposes of applying such
provisions to the personnel management
system--
(I) the term ``agency'' means
the Department of
Transportation;
(II) the term ``senior
executive'' means a Federal
Aviation Administration
executive;
(III) the term ``career
appointee'' means a Federal
Aviation Administration career
executive; and
(IV) the term ``senior career
employee'' means a Federal
Aviation Administration career
senior professional;
(ii) receipt by a career appointee or
a senior career employee of the rank of
Meritorious Executive or Meritorious
Senior Professional entitles the
individual to a lump-sum payment of an
amount equal to 20 percent of annual
basic pay, which shall be in addition
to the basic pay paid under the Federal
Aviation Administration Executive
Compensation Plan; and
(iii) receipt by a career appointee
or a senior career employee of the rank
of Distinguished Executive or
Distinguished Senior Professional
entitles the individual to a lump-sum
payment of an amount equal to 35
percent of annual basic pay, which
shall be in addition to the basic pay
paid under the Federal Aviation
Administration Executive Compensation
Plan; [and]
(J) subject to paragraph (4) of this
subsection, section 6329, relating to disabled
veteran leave[.]; and
(K) sections 3321 and 3321a relating to
probationary and trial periods, respectively.
(3) Appeals to merit systems protection board.--Under
the new personnel management system developed and
implemented under paragraph (1), an employee of the
Administration may submit an appeal to the Merit
Systems Protection Board and may seek judicial review
of any resulting final orders or decisions of the Board
from any action that was appealable to the Board under
any law, rule, or regulation as of March 31, 1996.
Notwithstanding any other provision of law, retroactive
to April 1, 1996, the Board shall have the same
remedial authority over such employee appeals that it
had as of March 31, 1996.
(4) Certification of disabled veteran leave.--In
order to verify that leave credited to an employee
pursuant to paragraph (2)(J) is used for treating a
service-connected disability, that employee shall,
notwithstanding section 6329(c) of title 5, submit to
the Assistant Administrator for Human Resource
Management of the Federal Aviation Administration
certification, in such form and manner as the
Administrator of the Federal Aviation Administration
may prescribe, that the employee used that leave for
purposes of being furnished treatment for that
disability by a health care provider.
(5) Paid parental leave.--The Administrator shall
implement a paid parental leave benefit for employees
of the Administration that is, at a minimum, consistent
with the paid parental leave benefits provided under
section 6382 of title 5.
(6) Effective date.--This subsection shall take
effect on April 1, 1996.
(7) Remote positions.--
(A) In general.--If the Administrator
determines that a covered position has not been
filled after multiple vacancy announcements and
that there are unique circumstances affecting
the ability of the Administrator to fill such
position, the Administrator may consider, in
consultation with the appropriate labor union,
applicants for the covered position who apply
under a vacancy announcement recruiting from
the State or territory in which the position is
based.
(B) Covered position defined.--In this
paragraph, the term ``covered position'' means
a safety-critical position, to include
personnel located at contract towers, based in
Alaska, Hawaii, Puerto Rico, American Samoa,
Guam, the Northern Mariana Islands, and the
Virgin Islands.
(h) Right To Contest Adverse Personnel Actions.--An employee
of the Federal Aviation Administration who is the subject of a
major adverse personnel action may contest the action either
through any contractual grievance procedure that is applicable
to the employee as a member of the collective bargaining unit
or through the Administration's internal process relating to
review of major adverse personnel actions of the
Administration, known as Guaranteed Fair Treatment, or under
section 40122(g)(3).
(i) Election of Forum.--Where a major adverse personnel
action may be contested through more than one of the indicated
forums (such as the contractual grievance procedure, the
Federal Aviation Administration's internal process, or that of
the Merit Systems Protection Board), an employee must elect the
forum through which the matter will be contested. Nothing in
this section is intended to allow an employee to contest an
action through more than one forum unless otherwise allowed by
law.
(j) Definition.--In this section, the term ``major adverse
personnel action'' means a suspension of more than 14 days, a
reduction in pay or grade, a removal for conduct or
performance, a nondisciplinary removal, a furlough of 30 days
or less (but not including placement in a nonpay status as the
result of a lapse of appropriations or an enactment by
Congress), or a reduction in force action.
* * * * * * *
MINORITY VIEWS
Democrats strongly oppose this bill, which weakens
protections for our federal workers at an incredibly dangerous
time. Early in the second Trump administration, tens of
thousands of probationary federal employees were fired en
masse. Many had years of federal service, but had recently
moved to new roles, thus making them ``probationary'' in their
new positions. They were fired--not because of poor
performance--but just because Trump wanted to fire federal
workers, and probationary workers have few protections.
This bill would at least double the time during which
federal employees have limited due process and appeal rights as
probationary employees. It would also apply the two-year
probationary period only after training, which in some cases
takes multiple years. During this time, they could be fired
without 30 days' notice. They have limited rights to an
attorney or representative, and they generally cannot appeal
their removal.
The Majority would take the drastic step of doubling the
probationary period without evidence that there is a problem
that needs to be solved. The Committee has held no hearings on
whether federal agencies need a blanket one-year extension of
the probationary period for every federal job in the
competitive and senior executive service. This legislation
appears to be a solution in search of a problem.
Due process protections are necessary to protect against
arbitrary agency actions, including retaliation against
whistleblowers. Undermining job security would harm our ability
to recruit talented people at a time when the federal
government needs dedicated public servants more than ever.
At a time when Donald Trump is attempting illegal mass
firings, and purging experts from agencies across our
government, this bill is a dangerous step in the wrong
direction.
Robert Garcia,
Ranking Member.
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