US Codex
Bill
Notes

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.

H.R. 3023 · 114th Congress · Jul 10, 2015 · Lineage

A BILL

Section 1 Extension of probationary period for positions within the competitive service

(a)
In general— Section 3321 of title 5, United States Code, is amended—
(1)
in subsection (a), by striking “The President” and inserting “Subject to subsections (c) and (d), the President”;
(2)
by redesignating subsection (c) as subsection (e); and
(3)
by inserting after subsection (b) the following:

“(c)

“(1) Except as provided in paragraph (2), the length of a probationary period established under paragraph (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 subsection (a)(1)) or the initial appointment (as referred to in subsection (a)(2)) is to a position that exists on the effective date of this subsection, the length of the probationary period which applies to such position as of such effective date; or

“(B) if the appointment (as referred to in subsection (a)(1)) or the initial appointment (as referred to in subsection (a)(2)) is to a position that does not exist on the effective date of this subsection, such length of time as the President may establish, consistent with the purposes of this subparagraph.

“(3) In paragraph (1)—

“(A) the term “formal training” means, with respect to any position, a training program required by law, rule, or regulation, or otherwise required by the employing agency, to be completed by the employee before the employee is able to successfully execute the duties of the applicable position; and

“(B) the term “license” means a license, certification, or other grant of permission to engage in a particular activity.

“(d) The head of each agency shall, in the administration of this section, take appropriate measures to ensure 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 position 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 requirements which must be met in order to successfully complete the probationary period; and

“(3) upon successful completion of a probationary period under this section, certification to that effect shall be made, supported by a brief statement of the basis for that certification, in such form and manner as the President may by regulation prescribe.”

(b)
Technical amendment— Section 3321(e) of title 5, United States Code (as so redesignated by subsection (a)(2)) is amended by striking “Subsections (a) and (b)” and inserting “Subsections (a) through (d)”.
(c)
Effective date— This section and the amendments 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) taking effect on or after the date on which this section takes effect.

Sec. 2 Extension of probationary period for positions within the Senior Executive Service

(a)
In general— Section 3393(d) of title 5, United States Code, is amended by striking “1-year” and inserting “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 amended—
(1)
by striking “1 year” the first place it appears and inserting “not less than 2 years”; and
(2)
by striking “1 year” the second place it appears 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
(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) commences on or after the date on which this section takes effect.