No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5750 Introduced in House (IH)]
<DOC>
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 probationary periods
with respect to positions in the competitive service, to establish
trial periods for positions in the excepted 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. SHORT TITLE.
This Act may be cited as the ``Ensuring a Qualified Civil Service
Act of 2025'' or the ``EQUALS Act of 2025''.
SEC. 2. 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), (d), and (e), the
President'';
(2) by redesignating subsection (c) as subsection (f); and
(3) by inserting after subsection (b) the following:
``(c)(1)(A) Except as provided in subparagraph (B) or otherwise
specified in law, an individual's initial appointment to a position in
the competitive service shall become 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 period.
``(2) During an employee's probationary period under paragraph (1),
the employing agency shall evaluate the fitness of the employee and
whether the employee's continued 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 employing
agency certifies, to the Director of the Office of Personnel 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
subsection, 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 employee has demonstrated to the
employee's supervisor, through official performance and other metrics
as determined 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 paragraph (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 employment would
advance organizational goals of the agency or the Federal
Government; and
``(D) whether the employee's continued employment would
advance the efficiency of the civil service.
``(5) If the head of an agency fails to make a certification under
paragraph (2) due to an administrative error, the head may petition the
Director of the Office of Personnel Management, within 30 days after
the date an employee 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 section 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, transferred, or otherwise
assigned to a position as a supervisor (as that term is
defined in section 7103 of this title) or any other
managerial position, unless such employee is required
to concurrently serve both a probationary period in
such position and a probationary period following
initial appointment or reinstatement;
``(ii) an employee of the United States Postal
Service or the Postal Regulatory Commission; or
``(iii) the Congress or any congressional agency.
``(d)(1) Except as provided in paragraph (2), the length of a
probationary period established under subsection (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 completed;
``(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 beginning on
the date of the appointment to the position.
``(2) With respect to any preference eligible, paragraph (1) shall
be applied by substituting `1 year' for `2 years'.
``(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.
``(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 the
agency and any offer of appointment made to any individual with
respect to any such position 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 performance 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 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 ``Subsections (a) and (b)'' and inserting ``Subsections (a)
through (e)''.
(c) Effective Date.--This section and the amendments 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
added by subsection (a) of this section), on or after the
effective date in paragraph (1) of this subsection.
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 section 3321 the following
(and conforming the table of contents of such subchapter accordingly):
``Sec. 3321a. Excepted service; trial period
``(a)(1) Except as provided in paragraph (2), an employee 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 pursuant to
subsection (a) and who is transferred, promoted, demoted, or reassigned
to any other excepted service position 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 service 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 a substantially similar position in the same agency the
employee 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 amendments 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 effective 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 subparagraph (I);
(2) by striking the period at the end of subparagraph (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 Performance.--Section 4303(f) of
title 5, United States Code, is amended--
(1) in paragraph (2), by striking ``1 year of current
continuous employment'' and inserting ``, with respect to a
preference eligible 1 year of current 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 current 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 amended--
(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 preference eligible 1 year
of current continuous employment, 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--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``; or'' and
inserting ``; 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 continuous service,''; and
(2) in subparagraph (C)(i), by striking ``; or'' and
inserting ``; and''.
(d) Effective Date; Application.--The amendments 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 appointed to
a position in the competitive service or excepted service on or
after the effective date in paragraph (1).
SEC. 6. REGULATIONS REQUIRED.
Not later than 180 days after the date of the enactment of this
Act, the Director of the Office of Personnel Management shall issue
such regulations as are necessary to carry out this Act and the
amendments made by this Act.
<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: 24 - 19.
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