H.R. 5750

119th CONGRESS 1st Session

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 · Sponsor: Mr. Gill of Texas · Committee: Committee on Oversight and Government Reform

H.R. 5750

SEC. 1. Short title

This Act may be cited as the or the .

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—
  - in subsection (a), by striking The Presidentand inserting Subject to subsections (c), (d), and (e), the President;
  - by redesignating subsection (c) as subsection (f); and
    - (c)
      - (1)
        
        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.
        
        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.
        
        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.
        
        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.
        
        With respect to any certification under paragraph (2), the agency head may consider, in the head’s sole and exclusive discretion—
        
        the employee’s performance and conduct;
        
        the needs and interests of the agency;
        
        whether the employee’s continued employment would advance organizational goals of the agency or the Federal Government; and
        
        whether the employee’s continued employment would advance the efficiency of the civil service.
        
        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.
        
        This subsection—
        
        shall apply to an employee appointed under chapter 73 or 74 of title 38, notwithstanding section 7401 of such title; and
        
        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)
      - Except as provided in paragraph (2), the length of a probationary period established under subsection (a) shall—
        
        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;
        
        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
        
        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.
      - With respect to any preference eligible, paragraph (1) shall be applied by substituting for . 1 year 2 years
      - In paragraph (1)—
        
        the term 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 formal training
        
        the term means a license, certification, or other grant of permission to engage in a particular activity.
      - The head of each agency shall, in the administration of this section, take appropriate measures to ensure that—
        
        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;
        
        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;
        
        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
        
        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.
  - by inserting after subsection (b) the following:
(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—
  - shall take effect 1 year after the date of the enactment of this Act; and
  - 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 of title 5, United States Code, is amended by inserting after the following (and conforming the table of contents of such subchapter accordingly): chapter 33; section 3321
  - (a)
    - Except as provided in paragraph (2), an employee appointed to a position in the excepted service shall serve a 2-year trial period.
    - A preference eligible appointed to a position in the excepted service shall serve a 1-year trial period.
    - 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.
    - 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.
    - 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—
  - shall take effect 1 year after the date of the enactment of this Act; and
  - 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—
- by striking and at the end of subparagraph (I);
- by striking the period at the end of subparagraph (J) and inserting ; and; and
  - sections 3321 and 3321a relating to probationary and trial periods, respectively.
- by adding at the end the following:

SEC. 5. Adverse actions

(a) Actions based on unacceptable performance
- Section 4303(f) of title 5, United States Code, is amended—
  - in paragraph (2), by striking 1 year of current continuous employmentand 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
  - in paragraph (3), by striking 1 year of current continuous employmentand 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 of title 5
- Section 7501(1) of title 5, United States Code, is amended—
- Subchapter I of of title 5
  - by striking or who hasand inserting and who has; and
  - by striking 1 year of current continuous employmentand 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 of title 5
- Section 7511(a)(1) of title 5, United States Code, is amended—
- Subchapter II of of title 5
  - in subparagraph (A)—
    - in clause (i), by striking ; orand inserting ; and; and
    - in clause (ii), by striking 1 year of current continuous serviceand 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
  - in subparagraph (C)(i), by striking ; orand inserting ; and.
(d) Effective date; application
- The amendments made by subsections (a), (b), and (c)—
  - shall take effect 1 year after the date of the enactment of this Act; and
  - 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.