Requires the probationary period before an appointment in the competitive civil service or an inital appointment as a supervisor or manager becomes final to be not less than two years. Retains existing probationary requirements for preference eligible individuals (i.e., veterans) initially appointed to positions that exist 180 days after the enactment of this Act.
Requires the head of each agency to ensure that: (1) announcements of vacant positions and offers of appointment clearly state the terms and conditions of the probationary period, (2) individuals who are required to complete probationary periods receive timely notice of performance requirements, and (3) certification of successful completion of a probationary period is made.
Revises the definition of "employee" for purposes of adverse action provisions to mean: (1) an individual who has completed not less than two years (currently, one year) of competitive federal service, or (2) an member of the excepted service who has completed not less than two years of current continuous service in the same or a similar position in an executive agency.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1470 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1470
To amend title 5, United States Code, to extend the probationary period
applicable to appointments in the civil service, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 8, 2011
Mr. Ross of Florida 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 extend the probationary period
applicable to appointments in the civil service, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PROVISIONS RELATING TO PROBATIONARY PERIODS.
(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) through (e), the
President'';
(2) by redesignating subsection (c) as subsection (f); and
(3) by inserting after subsection (b) the following:
``(c) The length of a probationary period under paragraph (1) or
(2) of subsection (a), established by rule, regulation, or other action
of the President, shall be not less than 2 years.
``(d)(1) For purposes of any probationary period (as described in
subsection (a)(1)), an employee who is transferred, promoted, demoted,
reassigned, or otherwise appointed to a new position, whether before or
after completing a probationary period (as so described) in a previous
position and whether or not in the same agency, shall be required to
satisfy the probationary period (as so described) which applies to the
new position.
``(2) An employee shall not, for purposes of this subsection,
receive credit for any probationary period completed, or for any
service performed toward completing a probationary period, in any other
position.
``(e) 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 and Conforming Amendments.--(1) Section 3321(f) of
title 5, United States Code (as so redesignated by subsection (a)(2)),
is amended by striking ``Subsections (a) and (b) of this section'' and
inserting ``This section''.
(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 5) taking effect on or after the date on which
this section takes effect.
SEC. 2. APPEALS FROM ADVERSE ACTIONS.
(a) In General.--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) Preference Eligible.--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'';
(2) in subparagraph (B), by striking ``1 year'' and
inserting ``not less than 2 years''; and
(3) in subparagraph (C)(ii), by striking ``2 years'' in the
first place it appears and inserting ``not less than 2 years''.
(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 individual whose period
of continuous service (as referred to in the provision of law
amended by paragraphs (1), (2), or (3) of subsection (b), as
the case may be) commences on or after the date on which this
section takes effect.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 14.
Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 112-116.
Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 112-116.
Placed on the Union Calendar, Calendar No. 67.
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