I 
119TH CONGRESS 
1ST SESSION 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. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 14, 2025 
Mr. GILL of Texas 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 in the competi-
tive service, to establish trial periods for positions in 
the excepted 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. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring a Qualified 
Civil Service Act of 2025’’ or the ‘‘EQUALS Act of 
2025’’. 
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SEC. 2. EXTENSION OF PROBATIONARY PERIOD FOR POSI-
TIONS WITHIN THE COMPETITIVE SERVICE. 
(a) IN GENERAL.—Section 3321 of title 5, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘The Presi-
dent’’ and inserting ‘‘Subject to subsections (c), (d), 
and (e), the President’’; 
(2) by redesignating subsection (c) as sub-
section (f); and 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c)(1)(A) Except as provided in subparagraph (B) 
or otherwise specified in law, an individual’s initial ap-
pointment to a position in the competitive service shall be-
come 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 pe-
riod. 
‘‘(2) During an employee’s probationary period under 
paragraph (1), the employing agency shall evaluate the fit-
ness of the employee and whether the employee’s contin-
ued 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 employ-
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ing agency certifies, to the Director of the Office of Per-
sonnel 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 sub-
section, 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 em-
ployee has demonstrated to the employee’s supervisor, 
through official performance and other metrics as deter-
mined 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 para-
graph (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 employ-
ment would advance organizational goals of the 
agency or the Federal Government; and 
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‘‘(D) whether the employee’s continued employ-
ment would advance the efficiency of the civil serv-
ice. 
‘‘(5) If the head of an agency fails to make a certifi-
cation under paragraph (2) due to an administrative error, 
the head may petition the Director of the Office of Per-
sonnel Management, within 30 days after the date an em-
ployee 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 sec-
tion 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, trans-
ferred, or otherwise assigned to a position as a 
supervisor (as that term is defined in section 
7103 of this title) or any other managerial posi-
tion, unless such employee is required to con-
currently serve both a probationary period in 
such position and a probationary period fol-
lowing initial appointment or reinstatement; 
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‘‘(ii) an employee of the United States 
Postal Service or the Postal Regulatory Com-
mission; or 
‘‘(iii) the Congress or any congressional 
agency. 
‘‘(d)(1) Except as provided in paragraph (2), the 
length of a probationary period established under sub-
section (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 com-
pleted; 
‘‘(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 be-
ginning on the date of the appointment to the posi-
tion. 
‘‘(2) With respect to any preference eligible, para-
graph (1) shall be applied by substituting ‘1 year’ for ‘2 
years’. 
‘‘(3) In paragraph (1)— 
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‘‘(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. 
‘‘(e) The head of each agency shall, in the administra-
tion 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 po-
sition 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 per-
formance 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 
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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 ‘‘Sub-
sections (a) and (b)’’ and inserting ‘‘Subsections (a) 
through (e)’’. 
(c) EFFECTIVE DATE.—This section and the amend-
ments 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 
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added by subsection (a) of this section), on or after 
the effective date in paragraph (1) of this sub-
section. 
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 sec-
tion 3321 the following (and conforming the table of con-
tents of such subchapter accordingly): 
‘‘§ 3321a. Excepted service; trial period 
‘‘(a)(1) Except as provided in paragraph (2), an em-
ployee 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 pursu-
ant to subsection (a) and who is transferred, promoted, 
demoted, or reassigned to any other excepted service posi-
tion 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 serv-
ice 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 
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a substantially similar position in the same agency the em-
ployee 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 amend-
ments 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 effec-
tive 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 subpara-
graph (I); 
(2) by striking the period at the end of sub-
paragraph (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 PERFORM-
ANCE.—Section 4303(f) of title 5, United States Code, is 
amended— 
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(1) in paragraph (2), by striking ‘‘1 year of 
current continuous employment’’ and inserting ‘‘, 
with respect to a preference eligible 1 year of cur-
rent 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 cur-
rent 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 amend-
ed— 
(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 pref-
erence eligible 1 year of current continuous employ-
ment, 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— 
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(1) in subparagraph (A)— 
(A) in clause (i), by striking ‘‘; or’’ and in-
serting ‘‘; 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 contin-
uous service,’’; and 
(2) in subparagraph (C)(i), by striking ‘‘; or’’ 
and inserting ‘‘; and’’. 
(d) EFFECTIVE DATE; APPLICATION.—The amend-
ments 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 ap-
pointed to a position in the competitive service or ex-
cepted service on or after the effective date in para-
graph (1). 
SEC. 6. REGULATIONS REQUIRED. 
Not later than 180 days after the date of the enact-
ment of this Act, the Director of the Office of Personnel 
Management shall issue such regulations as are necessary 
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to carry out this Act and the amendments made by this 
Act. 
Æ 
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