I 

114TH CONGRESS 

1ST SESSION H. R. 3023 

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 

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. 

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

3 SECTION 1. EXTENSION OF PROBATIONARY PERIOD FOR 

4 POSITIONS WITHIN THE COMPETITIVE SERV5 ICE. 

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

7 States Code, is amended— 


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1 (1) in subsection (a), by striking ‘‘The Presi2 dent’’ and inserting ‘‘Subject to subsections (c) and 

3 (d), the President’’; 

4 (2) by redesignating subsection (c) as sub5 section (e); and 

6 (3) by inserting after subsection (b) the fol7 lowing: 

8 ‘‘(c)(1) Except as provided in paragraph (2), the 

9 length of a probationary period established under para10 graph (1) or (2) of subsection (a) shall be— 

11 ‘‘(A) with respect to any position that requires 

12 formal training, a period of 2 years beginning on the 

13 date that such formal training is completed; 

14 ‘‘(B) with respect to any position that requires 

15 a license, a period of 2 years beginning on the date 

16 that such license is granted; and 

17 ‘‘(C) with respect to any position not covered by 

18 subparagraph (A) or (B), not less than 2 years. 

19 ‘‘(2) The length of a probationary period established 

20 under paragraph (1) or (2) of subsection (a) in the case 

21 of a preference eligible shall be not longer than— 

22 ‘‘(A) if the appointment (as referred to in sub23 section (a)(1)) or the initial appointment (as re24 ferred to in subsection (a)(2)) is to a position that 

25 exists on the effective date of this subsection, the 


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1 length of the probationary period which applies to 

2 such position as of such effective date; or 

3 ‘‘(B) if the appointment (as referred to in sub4 section (a)(1)) or the initial appointment (as re5 ferred to in subsection (a)(2)) is to a position that 

6 does not exist on the effective date of this sub7 section, such length of time as the President may es8 tablish, consistent with the purposes of this subpara9 graph. 

10 ‘‘(3) In paragraph (1)— 

11 ‘‘(A) the term ‘formal training’ means, with re12 spect to any position, a training program required 

13 by law, rule, or regulation, or otherwise required by 

14 the employing agency, to be completed by the em15 ployee before the employee is able to successfully 

16 execute the duties of the applicable position; and 

17 ‘‘(B) the term ‘license’ means a license, certifi18 cation, or other grant of permission to engage in a 

19 particular activity. 

20 ‘‘(d) The head of each agency shall, in the adminis21 tration of this section, take appropriate measures to en22 sure that— 

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

24 within such agency and any offer of appointment 

25 made to any individual with respect to any such poVerDate Sep 11 2014 00:54 Jul 15, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3023.IH H3023

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1 sition shall clearly state the terms and conditions of 

2 the probationary period applicable to such position; 

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

4 a probationary period under this section shall receive 

5 timely notice of the performance and other require6 ments which must be met in order to successfully 

7 complete the probationary period; and 

8 ‘‘(3) upon successful completion of a proba9 tionary period under this section, certification to 

10 that effect shall be made, supported by a brief state11 ment of the basis for that certification, in such form 

12 and manner as the President may by regulation pre13 scribe.’’. 

14 (b) TECHNICAL AMENDMENT.—Section 3321(e) of 

15 title 5, United States Code (as so redesignated by sub16 section (a)(2)) is amended by striking ‘‘Subsections (a) 

17 and (b)’’ and inserting ‘‘Subsections (a) through (d)’’. 

18 (c) EFFECTIVE DATE.—This section and the amend19 ments made by this section— 

20 (1) shall take effect 180 days after the date of 

21 enactment of this Act; and 

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

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

24 United States Code) and any initial appointment (as 

25 referred to in section 3321(a)(2) of such title) takVerDate Sep 11 2014 00:54 Jul 15, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3023.IH H3023

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1 ing effect on or after the date on which this section 

2 takes effect. 

3 SEC. 2. EXTENSION OF PROBATIONARY PERIOD FOR POSI4 TIONS WITHIN THE SENIOR EXECUTIVE 

5 SERVICE . 

6 (a) IN GENERAL.—Section 3393(d) of title 5, United 

7 States Code, is amended by striking ‘‘1-year’’ and insert8 ing ‘‘2-year’’. 

9 (b) CONFORMING AMENDMENT.—Section 3592(a)(1) 

10 of such title is amended by striking ‘‘1-year’’ and inserting 

11 ‘‘2-year’’. 

12 SEC. 3. APPEALS FROM ADVERSE ACTIONS. 

13 (a) SUBCHAPTER I OF CHAPTER 75 OF TITLE 5.— 

14 Section 7501(1) of title 5, United States Code, is amend15 ed— 

16 (1) by striking ‘‘1 year’’ the first place it ap17 pears and inserting ‘‘not less than 2 years’’; and 

18 (2) by striking ‘‘1 year’’ the second place it ap19 pears and inserting ‘‘2 years’’. 

20 (b) SUBCHAPTER II OF CHAPTER 75 OF TITLE 5.— 

21 Section 7511(a)(1) of title 5, United States Code, is 

22 amended— 

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

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

25 less than 2 years’’; and 


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

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

3 less than 2 years’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 subsections (a) and (b)— 

6 (1) shall take effect 180 days after the date of 

7 enactment of this Act; and 

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

9 whose period of continuous service (as referred to in 

10 the provision of law amended by paragraph (1) or 

11 (2) of subsection (b), as the case may be) com12 mences on or after the date on which this section 

13 takes effect. 

Æ 


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