119-hr5750

[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>