IB 

Union Calendar No. 358 

114TH CONGRESS 

2D SESSION H. R. 3023 

[Report No. 114–472] 

To amend title 5, United States Code, to modify probationary periods with 

respect to positions within the competitive service and the Senior Executive Service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2015 

Mr. BUCK introduced the following bill; which was referred to the Committee 

on Oversight and Government Reform 

MARCH 23, 2016 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


sradovich on DSK3TPTVN1PROD with BILLS
2 

•HR 3023 RH

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. 


sradovich on DSK3TPTVN1PROD with BILLS
3 

•HR 3023 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. 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— 

8 (1) in subsection (a), by striking ‘‘The Presi9 dent’’ and inserting ‘‘Subject to subsections (c) and 

10 (d), the President’’; 

11 (2) by redesignating subsection (c) as sub12 section (e); and 

13 (3) by inserting after subsection (b) the fol14 lowing: 

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

16 length of a probationary period established under para17 graph (1) or (2) of subsection (a) shall be— 

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

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

20 date that such formal training is completed; 

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

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

23 that such license is granted; and 

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

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


sradovich on DSK3TPTVN1PROD with BILLS
4 

•HR 3023 RH

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

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

3 of a preference eligible shall be not longer than— 

4 ‘‘(A) if the appointment (as referred to in sub5 section (a)(1)) or the initial appointment (as re6 ferred to in subsection (a)(2)) is to a position that 

7 exists on the effective date of this subsection, the 

8 length of the probationary period which applies to 

9 such position as of such effective date; or 

10 ‘‘(B) if the appointment (as referred to in sub11 section (a)(1)) or the initial appointment (as re12 ferred to in subsection (a)(2)) is to a position that 

13 does not exist on the effective date of this sub14 section, such length of time as the President may es15 tablish, consistent with the purposes of this subpara16 graph. 

17 ‘‘(3) In paragraph (1)— 

18 ‘‘(A) the term ‘formal training’ means, with re19 spect to any position, a training program required 

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

21 the employing agency, to be completed by the em22 ployee before the employee is able to successfully 

23 execute the duties of the applicable position; and 


sradovich on DSK3TPTVN1PROD with BILLS
5 

•HR 3023 RH

1 ‘‘(B) the term ‘license’ means a license, certifi2 cation, or other grant of permission to engage in a 

3 particular activity. 

4 ‘‘(d) The head of each agency shall, in the adminis5 tration of this section, take appropriate measures to en6 sure that— 

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

8 within such agency and any offer of appointment 

9 made to any individual with respect to any such po10 sition shall clearly state the terms and conditions of 

11 the probationary period applicable to such position; 

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

13 a probationary period under this section shall receive 

14 timely notice of the performance and other require15 ments which must be met in order to successfully 

16 complete the probationary period; and 

17 ‘‘(3) upon successful completion of a proba18 tionary period under this section, certification to 

19 that effect shall be made, supported by a brief state20 ment of the basis for that certification, in such form 

21 and manner as the President may by regulation pre22 scribe.’’. 

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

24 title 5, United States Code (as so redesignated by subVerDate Sep 11 2014 22:35 Mar 23, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3023.RH H3023

sradovich on DSK3TPTVN1PROD with BILLS
6 

•HR 3023 RH

1 section (a)(2)) is amended by striking ‘‘Subsections (a) 

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

3 (c) EFFECTIVE DATE.—This section and the amend4 ments made by this section— 

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

6 enactment of this Act; and 

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

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

9 United States Code) and any initial appointment (as 

10 referred to in section 3321(a)(2) of such title) tak11 ing effect on or after the date on which this section 

12 takes effect. 

13 SEC. 2. EXTENSION OF PROBATIONARY PERIOD FOR POSI14 TIONS WITHIN THE SENIOR EXECUTIVE 

15 SERVICE . 

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

17 States Code, is amended by striking ‘‘1-year’’ and insert18 ing ‘‘2-year’’. 

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

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

21 ‘‘2-year’’. 

22 SEC. 3. APPEALS FROM ADVERSE ACTIONS. 

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

24 Section 7501(1) of title 5, United States Code, is amend25 ed— 


sradovich on DSK3TPTVN1PROD with BILLS
7 

•HR 3023 RH

1 (1) by striking ‘‘1 year’’ the first place it ap2 pears and inserting ‘‘not less than 2 years’’; and 

3 (2) by striking ‘‘1 year’’ the second place it ap4 pears and inserting ‘‘2 years’’. 

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

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

7 amended— 

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

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

10 less than 2 years’’; and 

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

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

13 less than 2 years’’. 

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

15 subsections (a) and (b)— 

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

17 enactment of this Act; and 

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

19 whose period of continuous service (as referred to in 

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

21 (2) of subsection (b), as the case may be) com22 mences on or after the date on which this section 

23 takes effect. 


sradovich on DSK3TPTVN1PROD with BILLS
Union Calendar No. 358 

114TH CONGRESS 

2D SESSION H. R. 3023 

[Report No. 114–472] 

A BILL 

To amend title 5, United States Code, to modify 

ecutive Service, and for other purposes. within the competitive service and the Senior Exprobationary periods with respect to positions 

MARCH 23, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


sradovich on DSK3TPTVN1PROD with BILLS