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 Execu-
tive 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 proba-
tionary periods with respect to positions within the com-
petitive service and the Senior Executive Service, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. EXTENSION OF PROBATIONARY PERIOD FOR 
POSITIONS WITHIN THE COMPETITIVE SERV-
ICE. 
(a) IN GENERAL.—Section 3321 of title 5, United 
States Code, is amended— 
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(1) in subsection (a), by striking ‘‘The Presi-
dent’’ and inserting ‘‘Subject to subsections (c) and 
(d), the President’’; 
(2) by redesignating subsection (c) as sub-
section (e); and 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c)(1) Except as provided in paragraph (2), the 
length of a probationary period established under para-
graph (1) or (2) of subsection (a) shall be— 
‘‘(A) with respect to any position that requires 
formal training, a period of 2 years beginning on the 
date that such formal training is completed; 
‘‘(B) with respect to any position that requires 
a license, a period of 2 years beginning on the date 
that such license is granted; and 
‘‘(C) with respect to any position not covered by 
subparagraph (A) or (B), not less than 2 years. 
‘‘(2) The length of a probationary period established 
under paragraph (1) or (2) of subsection (a) in the case 
of a preference eligible shall be not longer than— 
‘‘(A) if the appointment (as referred to in sub-
section (a)(1)) or the initial appointment (as re-
ferred to in subsection (a)(2)) is to a position that 
exists on the effective date of this subsection, the 
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length of the probationary period which applies to 
such position as of such effective date; or 
‘‘(B) if the appointment (as referred to in sub-
section (a)(1)) or the initial appointment (as re-
ferred to in subsection (a)(2)) is to a position that 
does not exist on the effective date of this sub-
section, such length of time as the President may es-
tablish, consistent with the purposes of this subpara-
graph. 
‘‘(3) In paragraph (1)— 
‘‘(A) the term ‘formal training’ means, with re-
spect to any position, a training program required 
by law, rule, or regulation, or otherwise required by 
the employing agency, to be completed by the em-
ployee before the employee is able to successfully 
execute the duties of the applicable position; and 
‘‘(B) the term ‘license’ means a license, certifi-
cation, or other grant of permission to engage in a 
particular activity. 
‘‘(d) The head of each agency shall, in the adminis-
tration of this section, take appropriate measures to en-
sure that— 
‘‘(1) any announcement of a vacant position 
within such agency and any offer of appointment 
made to any individual with respect to any such po-
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sition shall clearly state the terms and conditions of 
the probationary period applicable to such position; 
‘‘(2) any individual who is required to complete 
a probationary period under this section shall receive 
timely notice of the performance and other require-
ments which must be met in order to successfully 
complete the probationary period; and 
‘‘(3) upon successful completion of a proba-
tionary period under this section, certification to 
that effect shall be made, supported by a brief state-
ment of the basis for that certification, in such form 
and manner as the President may by regulation pre-
scribe.’’. 
(b) TECHNICAL AMENDMENT.—Section 3321(e) of 
title 5, United States Code (as so redesignated by sub-
section (a)(2)) is amended by striking ‘‘Subsections (a) 
and (b)’’ and inserting ‘‘Subsections (a) through (d)’’. 
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section— 
(1) shall take effect 180 days after the date of 
enactment of this Act; and 
(2) shall apply in the case of any appointment 
(as referred to in section 3321(a)(1) of title 5, 
United States Code) and any initial appointment (as 
referred to in section 3321(a)(2) of such title) tak-
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ing effect on or after the date on which this section 
takes effect. 
SEC. 2. EXTENSION OF PROBATIONARY PERIOD FOR POSI-
TIONS 
WITHIN 
THE 
SENIOR 
EXECUTIVE 
SERVICE . 
(a) IN GENERAL.—Section 3393(d) of title 5, United 
States Code, is amended by striking ‘‘1-year’’ and insert-
ing ‘‘2-year’’. 
(b) CONFORMING AMENDMENT.—Section 3592(a)(1) 
of such title is amended by striking ‘‘1-year’’ and inserting 
‘‘2-year’’. 
SEC. 3. APPEALS FROM ADVERSE ACTIONS. 
(a) SUBCHAPTER I OF CHAPTER 75 OF TITLE 5.— 
Section 7501(1) of title 5, United States Code, is amend-
ed— 
(1) by striking ‘‘1 year’’ the first place it ap-
pears and inserting ‘‘not less than 2 years’’; and 
(2) by striking ‘‘1 year’’ the second place it ap-
pears and inserting ‘‘2 years’’. 
(b) SUBCHAPTER II OF CHAPTER 75 OF TITLE 5.— 
Section 7511(a)(1) of title 5, United States Code, is 
amended— 
(1) in subparagraph (A)(ii), by striking ‘‘1 
year’’ the first place it appears and inserting ‘‘not 
less than 2 years’’; and 
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(2) in subparagraph (C)(ii), by striking ‘‘2 
years’’ the first place it appears and inserting ‘‘not 
less than 2 years’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b)— 
(1) shall take effect 180 days after the date of 
enactment of this Act; and 
(2) shall apply in the case of any individual 
whose period of continuous service (as referred to in 
the provision of law amended by paragraph (1) or 
(2) of subsection (b), as the case may be) com-
mences on or after the date on which this section 
takes effect. 
Æ 
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