,,ib ,union ,calendar ,no4 #ebd #aaith  
,,congress  #b;d ,session  ,h4 ,r4 #egej
 ,report ,no4 #aai-fjd ,,in ,,the       
,,house ,,of ,,representatives  ,october
 #ad1 #bjbe,mr4 ,gill of ,texas         
introduced the following bill2 which was
 referred to the ,committee on          
,oversight and ,government ,reform      
,april #i1 #bjbf;,additional sponsors3  
,mr4 ,comer1 ,mr4 ,cloud1 ,mr4 ,moore of
 ,alabama1 and ,mr4 ,harrigan  ,april   
#i1 #bjbf,reported with an amendment1   
committed to the ,committee of the      
,whole ,house on the ,state of the      
,union1 and ordered to be printed,strike
 out all after the enacting clause and  
insert the part printed in italic,for   
text of introduced bill1 see copy of    
bill as introduced on ,october #ad1     
#bjbe  ,a ,,bill  ,to amend title #e1   
,united ,states ,code1 to modify        
probationary periods with respect to    
positions in the competitive service1 to
 establish trial periods for positions  
in the excepted service1 and for other  

purposes4  #a4 ,short title ,this ,act  
may be cited as the ,ensuring a         
,qualified ,civil ,service ,act of #bjbe
 or the ,,equals ,act of #bjbe4  #b4    
,extension of probationary period for   
positions within the competitive service
  7a7 ,in general ,section #ccba of     
title #e1 ,united ,states ,code1 is     
amended-- 7#a7 in subsection 7a71 by    
striking ,the ,president and inserting  
,subject to subsections 7c71 7d71 and   
7e71 the ,president2  7#b7 by           
redesignating subsection 7c7 as         
subsection 7f72 and  7#c7 by inserting  
after subsection 7b7 the following3  7c7
 7#a7 7,a7 ,except as provided in       
subparagraph 7,b7 or otherwise specified
 in law1 an individual's initial        
appointment to a position in the        
competitive service shall become final  
only after the individual has served a  
#b-year probationary period4  7,b7 ,a   
preference eligible's initial           
appointment to a position in the        
competitive service shall become final  

only after the individual has served a  
#a-year probationary period4  7#b7      
,during an employee's probationary      
period under paragraph 7#a71 the        
employing agency shall evaluate the     
fitness of the employee and whether the 
employee's continued employment advances
 the public interest4 ,an employee shall
 be terminated from the civil service on
 the last day of the employee's         
probationary period unless the employing
 agency certifies1 to the ,director of  
the ,office of ,personnel ,management   
within the #cj days before such date1   
that finalizing the employee's          
appointment advances the public         
interest4 ,before an agency terminates  
an employee serving under a probationary
 period pursuant to this subsection1 the
 agency shall provide notice 7in        
writing7 to the employee of the         
effective date of such termination4     
7#c7 ,the appointment of an employee    
serving under a probationary period may 
not become final until the employee has 

demonstrated to the employee's          
supervisor1 through official performance
 and other metrics as determined by the 
agency head in conformance with guidance
 issued by the ,office of ,personnel    
,management1 that the employee's        
continued employment in the civil       
service is in the public interest4  7#d7
 ,with respect to any certification     
under paragraph 7#b71 the agency head   
may consider1 in the head's sole and    
exclusive discretion-- 7,a7 the         
employee's performance and conduct2     
7,b7 the needs and interests of the     
agency2  7,c7 whether the employee's    
continued employment would advance      
organizational goals of the agency or   
the ,federal ,government2 and  7,d7     
whether the employee's continued        
employment would advance the efficiency 
of the civil service4  7#e7 ,if the head
 of an agency fails to make a           
certification under paragraph 7#b7 due  
to an administrative error1 the head may
 petition the ,director of the ,office  

of ,personnel ,management1 within #cj   
days after the date an employee was     
terminated from the civil service1 to   
reinstate the employee4 ,any employee   
reinstated within such #cj-;day period  
shall be entitled to backpay in         
accordance with section #eeif of this   
title4  7#f7 ,this subsection-- 7,a7    
shall apply to an employee appointed    
under chapter #gc or #gd of title #ch1  
notwithstanding section #gdja of such   
title2 and  7,b7 shall not apply to--   
7i7 an employee serving a probationary  
period due to being initially promoted1 
transferred1 or otherwise assigned to a 
position as a supervisor 7as that term  
is defined in section #gajc of this     
title7 or any other managerial position1
 unless such employee is required to    
concurrently serve both a probationary  
period in such position and a           
probationary period following initial   
appointment or reinstatement2  7ii7 an  
employee of the ,united ,states ,postal 
,service or the ,postal ,regulatory     

,commission2 or  7iii7 the ,congress or 
any congressional agency4  7d7 7#a7     
,except as provided in paragraph 7#b71  
the length of a probationary period     
established under subsection 7a7 shall--
 7,a7 with respect to any position that 
requires formal training1 begin on the  
date of appointment to the position and 
end on the date that is #b years after  
the date on which such formal training  
is completed2  7,b7 with respect to any 
position that requires a license1 begin 
on the date of appointment to the       
position and end on the date that is #b 
years after the date on which such      
license is granted2 and  7,c7 with      
respect to any position not covered by  
subparagraph 7,a7 or 7,b71 be a period  
of #b years beginning on the date of the
 appointment to the position4  7#b7     
,with respect to any preference         
eligible1 paragraph 7#a7 shall be       
applied by substituting #a year for #b  
years4  7#c7 ,in paragraph 7#a7-- 7,a7  
the term formal training means1 with    

respect to any position1 a training     
program required by law1 rule1 or       
regulation1 or otherwise required by the
 employing agency1 to be completed by   
the employee before the employee is able
 to successfully execute the duties of  
the applicable position2 and  7,b7 the  
term license means a license1           
certification1 or other grant of        
permission to engage in a particular    
activity4  7e7 ,the head of each agency 
shall1 in the administration of this    
section1 take appropriate measures to   
ensure that-- 7#a7 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 period1 including any      
formal training period and any license  
requirement2  7#b7 any individual who is
 required to complete a probationary    
period under this section receives      
timely notice of any requirements1      

including performance requirements1 that
 must be met in order to satisfactorily 
complete such period2  7#c7 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  
#a year1 #f months1 #c months1 and #cj  
days before such end date2 and  7#d7 if 
the head decides to retain an individual
 after the completion of a probationary 
period under this section1 the head     
submits a certification to that effect1 
supported by a brief statement of the   
basis for the certification1 in such    
form and manner as the ,president may by
 regulation prescribe4  4  7b7          
,technical amendment ,section #ccba7;f7 
of title #e1 ,united ,states ,code 7as  
redesignated by subsection 7a77#b7 of   
this section71 is amended by striking   
,subsections 7a7 and 7b7 and inserting  
,subsections 7a7 through 7e74  7c7      
,effective date ,this section and the   

amendments made by this section-- 7#a7  
shall take effect #a year after the date
 of the enactment of this ,act2 and     
7#b7 shall apply to any individual      
appointed to a position in the          
competitive service1 or any individual  
who is initially promoted1 transferred1 
or otherwise assigned to be a supervisor
 and who is required to serve a         
probationary period under section       
#ccba7;c77#f77;,b77i7 of title #e1      
,united ,states ,code 7as added by      
subsection 7a7 of this section71 on or  
after the effective date in paragraph   
7#a7 of this subsection4  #c4 ,trial    
period in excepted service  7a7 ,in     
general ,subchapter ,i of chapter #cc of
 title #e1 ,united ,states ,code1 is    
amended by inserting after section #ccba
 the following 7and conforming the table
 of contents of such subchapter         
accordingly73  #ccba;a4 ,excepted       
service2 trial period  7a7 7#a7 ,except 
as otherwise specified in law or        
provided in paragraph 7#b71 an employee 

appointed to a position in the excepted 
service shall serve a #b-year trial     
period4  7#b7 ,a preference eligible    
appointed to a position in the excepted 
service shall serve a #a-year trial     
period4  7b7 ,an employee serving under 
a trial period pursuant to subsection   
7a7 and who is transferred1 promoted1   
demoted1 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 position4  7c7 ,an individual who   
separates from the civil service for a  
period of more than #cj 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 separation4  7d7     
,this section shall not apply to any    
agency or employee described in section 

#ccba7;c77#f77;,b74  4  7b7 ,effective  
date ,this section and the amendments   
made by this section-- 7#a7 shall take  
effect #a year after the date of the    
enactment of this ,act2 and  7#b7 shall 
apply to any individual appointed to a  
position in the excepted service on or  
after the effective date in paragraph   
7#a7 of this subsection4  #d4 ,faa and  
tsa ,section #djabb7;g77#b7 of title    
#di1 ,united ,states ,code1 is amended--
 7#a7 by striking and at the end of     
subparagraph 7,i72  7#b7 by striking the
 period at the end of subparagraph 7,j7 
and inserting 2 and2 and  7#c7 by adding
 at the end the following3  7,k7        
sections #ccba and #ccba;a relating to  
probationary and trial periods1         
respectively4  4  #e4 ,adverse actions  
7a7 ,actions based on unacceptable      
performance ,section #dcjc7;f7 of title 
#e1 ,united ,states ,code1 is amended-- 
7#a7 in paragraph 7#b71 by striking #a  
year of current continuous employment   
and inserting 1 with respect to a       

preference eligible #a year of current  
continuous employment1 and with respect 
to any other employee #b years of       
current continuous employment12 and     
7#b7 in paragraph 7#c71 by striking #a  
year of current continuous employment   
and inserting 1 with respect to a       
preference eligible #a year of current  
continuous employment1 and with respect 
to any other employee #b years of       
current continuous employment14  7b7    
,subchapter ,i of chapter #ge of title  
#e ,section #geja7a7 of title #e1       
,united ,states ,code1 is amended-- 7#a7
 by striking or who has and inserting   
and who has2 and  7#b7 by striking #a   
year of current continuous employment   
and inserting 1 with respect to a       
preference eligible #a year of current  
continuous employment1 and with respect 
to any other employee #b years of       
current continuous employment14  7c7    
,subchapter ,,ii of chapter #ge of title
 #e ,section #geaa7;a77#a7 of title #e1 
,united ,states ,code1 is amended-- 7#a7

 in subparagraph 7,a7-- 7,a7 in clause  
7i71 by striking 2 or and inserting 2   
and2 and  7,b7 in clause 7ii71 by       
striking #a year of current continuous  
service and inserting 1 with respect to 
a preference eligible #a year of current
 continuous service1 and with respect to
 any other employee #b years of current 
continuous service12 and  7#b7 in       
subparagraph 7,c77i71 by striking 2 or  
and inserting 2 and4  7d7 ,effective    
date2 application ,the amendments made  
by subsections 7a71 7b71 and 7c7-- 7#a7 
shall take effect #a year after the date
 of the enactment of this ,act2 and     
7#b7 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 7#a74  #f4 ,regulations    
required ,not later than #ahj days after
 the date of the enactment of this ,act1
 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 ,act4  ,april #i1 #bjbf,reported  
with an amendment1 committed to the     
,committee of the ,whole ,house on the  
,state of the ,union1 and ordered to be 
printed