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Union Calendar No. 67 

112TH CONGRESS 

1ST SESSION H. R. 1470 

[Report No. 112–116] 

To amend title 5, United States Code, to extend the probationary period 

applicable to appointments in the civil service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2011 

Mr. ROSS of Florida introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

JUNE 23, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 8, 2011] 


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•HR 1470 RH

A BILL 

To amend title 5, United States Code, to extend the probationary period applicable to appointments in the civil 

service, and for other purposes. 


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•HR 1470 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PROVISIONS RELATING TO PROBATIONARY PE4 RIODS. 

5 (a) IN GENERAL.—Section 3321 of title 5, United 

6 States Code, is amended— 

7 (1) in subsection (a), by striking ‘‘The Presi8 dent’’ and inserting ‘‘Subject to subsections (c) and 

9 (d), the President’’; 

10 (2) by redesignating subsection (c) as subsection 

11 (e); and 

12 (3) by inserting after subsection (b) the fol13 lowing: 

14 ‘‘(c) The length of a probationary period under para15 graph (1) or (2) of subsection (a), established by rule, regu16 lation, or other action of the President, shall be— 

17 ‘‘(1) except as provided in paragraph (2), not 

18 less than 2 years; and 

19 ‘‘(2) in the case of a preference eligible, not 

20 longer than— 

21 ‘‘(A) if the appointment (as referred to in 

22 subsection (a)(1)) or the initial appointment (as 

23 referred to in subsection (a)(2)) is to a position 

24 that exists on the effective date of this subsection, 


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1 the length of the probationary period which ap2 plies to such position as of such effective date; or 

3 ‘‘(B) if the appointment (as referred to in 

4 subsection (a)(1)) or the initial appointment (as 

5 referred to in subsection (a)(2)) is to a position 

6 that does not exist on the effective date of this 

7 subsection, such length of time as the President 

8 may establish, consistent with the purposes of 

9 this paragraph. 

10 ‘‘(d) The head of each agency shall, in the administra11 tion of this section, take appropriate measures to ensure 

12 that— 

13 ‘‘(1) any announcement of a vacant position 

14 within such agency and any offer of appointment 

15 made to any individual with respect to any such po16 sition shall clearly state the terms and conditions of 

17 the probationary period applicable to such position; 

18 ‘‘(2) any individual who is required to complete 

19 a probationary period under this section shall receive 

20 timely notice of the performance and other require21 ments which must be met in order to successfully com22 plete the probationary period; and 

23 ‘‘(3) upon successful completion of a proba24 tionary period under this section, certification to that 

25 effect shall be made, supported by a brief statement of 


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1 the basis for that certification, in such form and 

2 manner as the President may by regulation pre3 scribe.’’. 

4 (b) TECHNICAL AMENDMENT.—Section 3321(e) of title 

5 5, United States Code (as so redesignated by subsection 

6 (a)(2)) is amended by striking ‘‘Subsections (a) and (b) of 

7 this section’’ and inserting ‘‘This section’’. 

8 (c) EFFECTIVE DATE.—This section and the amend9 ments made by this section— 

10 (1) shall take effect 180 days after the date of en11 actment of this Act; and 

12 (2) shall apply in the case of any appointment 

13 (as referred to in section 3321(a)(1) of title 5, United 

14 States Code) and any initial appointment (as re15 ferred to in section 3321(a)(2) of such title) taking ef16 fect on or after the date on which this section takes 

17 effect. 

18 SEC. 2. APPEALS FROM ADVERSE ACTIONS. 

19 (a) IN GENERAL.—Section 7501(1) of title 5, United 

20 States Code, is amended— 

21 (1) by striking ‘‘1 year’’ the first place it ap22 pears and inserting ‘‘not less than 2 years’’; and 

23 (2) by striking ‘‘1 year’’ the second place it ap24 pears and inserting ‘‘2 years’’. 


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1 (b) DEFINITION AMENDMENT.—Section 7511(a)(1) of 

2 title 5, United States Code, is amended— 

3 (1) in subparagraph (A)(ii), by striking ‘‘1 

4 year’’ the first place it appears and inserting ‘‘not 

5 less than 2 years’’; and 

6 (2) in subparagraph (C)(ii), by striking ‘‘2 

7 years’’ the first place it appears and inserting ‘‘not 

8 less than 2 years’’. 

9 (c) EFFECTIVE DATE.—This section and the amend10 ments made by this section— 

11 (1) shall take effect 180 days after the date of en12 actment of this Act; and 

13 (2) shall apply in the case of any individual 

14 whose period of continuous service (as referred to in 

15 the provision of law amended by paragraph (1) or (2) 

16 of subsection (b), as the case may be) commences on 

17 or after the date on which this section takes effect. 


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Union Calendar No. 67 

112TH CONGRESS 

1ST SESSION H. R. 1470 

[Report No. 112–116] 

A BILL 

To amend title 5, United States Code, to extend the 

in the civil service, and for other purposes. probationary period applicable to appointments 

JUNE 23, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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