[House Report 114-472]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-472
======================================================================
AMENDING TITLE 5, UNITED STATES CODE, TO MODIFY PROBATIONARY PERIODS
WITH RESPECT TO POSITIONS WITHIN THE COMPETITIVE SERVICE AND THE SENIOR
EXECUTIVE SERVICE, AND FOR OTHER PURPOSES
_______
March 23, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Chaffetz, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3023]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 3023) to amend title 5, United
States Code, to modify probationary periods with respect to
positions within the competitive service and the Senior
Executive Service, and for other purposes, having considered
the same, report favorably thereon without amendment and
recommend that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 3
Explanation of Amendments........................................ 3
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Application of Law to the Legislative Branch..................... 7
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 7
Statement of General Performance Goals and Objectives............ 7
Duplication of Federal Programs.................................. 7
Disclosure of Directed Rule Makings.............................. 7
Federal Advisory Committee Act................................... 7
Unfunded Mandate Statement....................................... 7
Earmark Identification........................................... 8
Committee Estimate............................................... 8
Budget Authority and Congressional Budget Office Cost Estimate... 8
Changes in Existing Law Made by the Bill, as Reported............ 9
Minority Views................................................... 15
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 3023 modifies the probationary periods for positions
within the competitive service and the Senior Executive
Service.
BACKGROUND AND NEED FOR LEGISLATION
In general, an appointment in the competitive service is
not considered final until completion of a one-year
probationary period, although there are exceptions requiring
longer periods. The probationary period provides the government
with an opportunity to evaluate an employee's job performance
to determine if an appointment to the civil service should
become final. Before an appointment becomes final, an employee
has limited job protections and, in general, an employee on
probation may not appeal a removal action. After an appointment
to the civil service is final, an employee receives
considerable job protections under the federal merit system,
including appeal rights to the Merit Systems Protection Board.
In order to provide adequate time to evaluate an employee's job
performance, H.R. 3023 establishes a two-year probationary
period before an appointment in the competitive service or an
initial appointment as a supervisor or manager becomes final.
There are a number of positions in the federal government
that are unique and extremely complex. For example, the federal
government has positions that require months or years of
training or specific licensing or certification requirements.
The current one-year probationary period does not provide
adequate time for supervisors to properly assess the
performance of an employee and to make informed conclusions
about employee performance for positions that have additional
training or licensing requirements. For federal government
positions with training or licensing requirements, H.R. 3023
requires that the probationary period will be the two-year
period beginning on the date such formal training is completed
or the date such license or certification is granted.
H.R. 3023 also extends the probationary period from one
year to two years for career appointees to the Senior Executive
Service. The Senior Executive Service leads the federal
workforce. As leaders, the nature of the work required of the
Senior Executive Service can take longer to assess in order to
ensure adequate job performance.
Finally, H.R. 3023 requires agencies to ensure vacancy
announcements clearly state the terms and conditions of the
probationary period and to provide employees with the
requirements needed to successfully complete the probationary
period. Agencies are also required to certify that an employee
successfully completes the probationary period.
LEGISLATIVE HISTORY
H.R. 3023, to amend title 5, United States Code, to modify
probationary periods with respect to positions within the
competitive service and the Senior Executive Service, was
introduced on July 10, 2015, by Rep. Ken Buck (R-CO) and
referred to the Committee on Oversight and Government Reform.
On January 12, 2016, the Committee ordered H.R. 3023 favorably
reported without amendment by a record vote of 20 to 16.
Section-by-Section
Section 1. Extension of probationary period for positions within the
competitive service
Amends section 3321 of title 5 of the United States Code to
establish that the length of a probationary period, before an
appointment in the competitive service becomes final, and
initial appointment as a supervisor or manager becomes final,
shall not be less than a period of two years. For positions
that require formal training or completion of a license, the
two-year probationary period begins on the date formal training
is completed or a license is granted.
Provides the probationary period for a preference eligible,
with an appointment or initial appointment to a position that
exists on the effective date of this bill, shall be the
probationary period that was in effect prior to the effective
date of this bill. For a preference eligible with an
appointment or initial appointment to a position that does not
exist on the effective date of this bill, the probationary
period shall be the length of time as the President establishes
consistent with the purposes of this bill.
Defines ``formal training'' as any position that requires a
training program by law, rule, regulation, or agency
requirement.
Defines ``license'' as a license, certification or other
grant of permission to engage in a particular activity.
Ensures that agencies include in vacancy announcements, and
offers of appointment, the terms and conditions of the
probationary period. Also, ensures that agencies provide
individuals, who are required to complete probationary periods,
timely notice of the requirements to successfully complete the
probationary period, and that agencies provide certification
that the probationary period was successfully completed.
Section 2. Extension of probationary period for positions within the
Senior Executive Service
This section amends Title 5 of the United States Code
section 3393(d) to establish that an appointment as a career
appointee in the Senior Executive Service shall become final
only after serving a two year probationary period.
Section 3. Appeals from adverse actions
This section amends Title 5 of the United States Code
section 7501(a) from one year to two years to establish when an
employee becomes entitled to appeal adverse actions.
Explanation of Amendments
Ranking Member Elijah Cummings (D-MD) offered an amendment
in the nature of a substitute that would insert a provision
requiring the Government Accountability Office to conduct a
study on federal agencies that have lengthened the employee
probationary period from one to two years. The amendment was
not adopted by a record vote of 14 to 20.
Congresswoman Brenda Lawrence (D-MI) offered an amendment
in the nature of a substitute that would insert a provision
requiring that an appointment to competitive service shall not
become final until the agency head has made an affirmative
decision, in writing, 30 days before the end of the
probationary period that the individual's performance is
acceptable. However, if a written decision is not made, the
appointment still becomes final.
In addition, the amendment provides that appointment as a
career appointee shall become final after a one year
probationary period and that such appointment shall not become
final until the agency head has made an affirmative decision,
in writing, 30 days before the end of the probationary period
that the individual's performance is acceptable. However, if a
written decision is not made, the appointment still becomes
final. The amendment was not adopted by voice vote.
Committee Consideration
On January 12, 2016, the Committee met in open session and
ordered reported favorably the bill, H.R. 3023, by a record
vote of 20 to 16, a quorum being present.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill strengthens the management and implementation of
Equal Employment Opportunity programs in federal agencies. As
such this bill does not relate to employment or access to
public services and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of the bill is to amend title 5, United
States Code, to modify probationary periods with respect to
positions within the competitive service and the Senior
Executive Service.
Duplication of Federal Programs
No provision of this bill establishes or reauthorizes a
program of the federal government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting this bill does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. Sec. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement, the Committee
has received a letter from the Congressional Budget Office
included herein.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(2)(B) of that Rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for this bill from the Director of
Congressional Budget Office:
H.R. 3023--A bill to amend title 5, United States Code, to modify
probationary periods with respect to positions within the
competitive service and the Senior Executive Service, and for
other purposes
H.R. 3023 would extend the probationary period for members
of the senior executive service from one year to two years and
would require at least a two-year probationary period for most
members of the civil service. The bill also would require that
federal agencies add certain notifications regarding the terms
of probationary periods to job postings and to information
provided to employees in such periods.
H.R. 3023 would not generally change the number of
employees in the federal government. Furthermore, the necessary
tracking and administrative procedures regarding probationary
periods are already in place. Therefore, CBO estimates that
implementing the legislation would have no net budgetary
effect.
Because enacting H.R. 3023 would not affect direct spending
or revenues, pay-as-you-go procedures do not apply. CBO
estimates that, enacting H.R. 3023 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year period beginning in 2027.
H.R. 3023 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Dan Ready. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART B--EMPLOYMENT AND RETENTION
* * * * * * *
CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
* * * * * * *
SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
* * * * * * *
Sec. 3321. Competitive service; probationary period
(a) [The President] Subject to subsections (c) and (d), the
President may take such action, including the issuance of
rules, regulations, and directives, as shall provide as nearly
as conditions of good administration warrant for a period of
probation--
(1) before an appointment in the competitive service
becomes final; and
(2) before initial appointment as a supervisor or
manager becomes final.
(b) An individual--
(1) who has been transferred, assigned, or promoted
from a position to a supervisory or managerial
position, and
(2) who does not satisfactorily complete the
probationary period under subsection (a)(2) of this
section,
shall be returned to a position of no lower grade and pay than
the position from which the individual was transferred,
assigned, or promoted. Nothing in this section prohibits an
agency from taking an action against an individual serving a
probationary period under subsection (a)(2) of this section for
cause unrelated to supervisory or managerial performance.
(c)(1) Except as provided in paragraph (2), the length of a
probationary period established under paragraph (1) or (2) of
subsection (a) shall be--
(A) with respect to any position that requires formal
training, a period of 2 years beginning on the date
that such formal training is completed;
(B) with respect to any position that requires a
license, a period of 2 years beginning on the date that
such license is granted; and
(C) with respect to any position not covered by
subparagraph (A) or (B), not less than 2 years.
(2) The length of a probationary period established under
paragraph (1) or (2) of subsection (a) in the case of a
preference eligible shall be not longer than--
(A) if the appointment (as referred to in subsection
(a)(1)) or the initial appointment (as referred to in
subsection (a)(2)) is to a position that exists on the
effective date of this subsection, the length of the
probationary period which applies to such position as
of such effective date; or
(B) if the appointment (as referred to in subsection
(a)(1)) or the initial appointment (as referred to in
subsection (a)(2)) is to a position that does not exist
on the effective date of this subsection, such length
of time as the President may establish, consistent with
the purposes of this subparagraph.
(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.
(d) 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.
[(c) Subsections (a) and (b)] (e) Subsections (a) through (d)
of this section shall not apply with respect to appointments in
the Senior Executive Service or the Federal Bureau of
Investigation and Drug Enforcement Administration Senior
Executive Service, or any individual covered by section 1599e
of title 10.
* * * * * * *
SUBCHAPTER VIII--APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT
IN THE SENIOR EXECUTIVE SERVICE
* * * * * * *
Sec. 3393. Career appointments
(a) Each agency shall establish a recruitment program, in
accordance with guidelines which shall be issued by the Office
of Personnel Management, which provides for recruitment of
career appointees from--
(1) all groups of qualified individuals within the
civil service; or
(2) all groups of qualified individuals whether or
not within the civil service.
(b) Each agency shall establish one or more executive
resources boards, as appropriate, the members of which shall be
appointed by the head of the agency from among employees of the
agency or commissioned officers of the uniformed services
serving on active duty in such agency. The boards shall, in
accordance with merit staffing requirements established by the
Office, conduct the merit staffing process for career
appointees, including--
(1) reviewing the executive qualifications of each
candidate for a position to be filled by a career
appointee; and
(2) making written recommendations to the appropriate
appointing authority concerning such candidates.
(c)(1) The Office shall establish one or more qualifications
review boards, as appropriate. It is the function of the boards
to certify the executive qualifications of candidates for
initial appointment as career appointees in accordance with
regulations prescribed by the Office. Of the members of each
board more than one-half shall be appointed from among career
appointees. Appointments to such boards shall be made on a non-
partisan basis, the sole selection criterion being the
professional knowledge of public management and knowledge of
the appropriate occupational fields of the intended appointee.
(2) The Office shall, in consultation with the various
qualification review boards, prescribe criteria for
establishing executive qualifications for appointment of career
appointees. The criteria shall provide for--
(A) consideration of demonstrated executive
experience;
(B) consideration of successful participation in a
career executive development program which is approved
by the Office; and
(C) sufficient flexibility to allow for the
appointment of individuals who have special or unique
qualities which indicate a likelihood of executive
success and who would not otherwise be eligible for
appointment.
(d) An individual's initial appointment as a career appointee
shall become final only after the individual has served a [1-
year] 2-year probationary period as a career appointee. The
preceding sentence shall not apply to any individual covered by
section 1599e of title 10.
(e) Each career appointee shall meet the executive
qualifications of the position to which appointed, as
determined in writing by the appointing authority.
(f) The title of each career reserved position shall be
published in the Federal Register.
(g) A career appointee may not be removed from the Senior
Executive Service or civil service except in accordance with
the applicable provisions of sections 1215, 3592, 3595, 7532,
or 7543 of this title.
* * * * * * *
CHAPTER 35--RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE
PAYMENTS, RESTORATION, AND REEMPLOYMENT
* * * * * * *
SUBCHAPTER V--REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE
SENIOR EXECUTIVE SERVICE
* * * * * * *
Sec. 3592. Removal from the Senior Executive Service
(a) Except as provided in subsection (b) of this section, a
career appointee may be removed from the Senior Executive
Service to a civil service position outside of the Senior
Executive Service--
(1) during the [1-year] 2-year period of probation
under section 3393(d) of this title, or
(2) at any time for less than fully successful
executive performance as determined under subchapter II
of chapter 43 of this title,
except that in the case of a removal under paragraph (2) of
this subsection the career appointee shall, at least 15 days
before the removal, be entitled, upon request, to an informal
hearing before an official designated by the Merit Systems
Protection Board at which the career appointee may appear and
present arguments, but such hearing shall not give the career
appointee the right to initiate an action with the Board under
section 7701 of this title, nor need the removal action be
delayed as a result of the granting of such hearing.
(b)(1) Except as provided in paragraph (2) of this
subsection, a career appointee in an agency may not be
involuntarily removed--
(A) within 120 days after an appointment of the head
of the agency; or
(B) within 120 days after the appointment in the
agency of the career appointee's most immediate
supervisor who--
(i) is a noncareer appointee; and
(ii) has the authority to remove the career
appointee.
(2) Paragraph (1) of this subsection does not apply with
respect to--
(A) any removal under section 4314(b)(3) of this
title; or
(B) any disciplinary action initiated before an
appointment referred to in paragraph (1) of this
subsection.
(c) A limited emergency appointee, limited term appointee, or
noncareer appointee may be removed from the service at any
time.
* * * * * * *
SUBPART F--LABOR-MANAGEMENT AND EMPLOYEE RELATIONS
* * * * * * *
CHAPTER 75--ADVERSE ACTIONS
SUBCHAPTER I--SUSPENSION FOR 14 DAYS OR LESS
Sec. 7501. Definitions
For the purpose of this subchapter--
(1) ``employee'' means an individual in the
competitive service who is not serving a probationary
or trial period under an initial appointment or, except
as provided in section 1599e of title 10, who has
completed [1 year] not less than 2 years of current
continuous employment in the same or similar positions
under other than a temporary appointment limited to [1
year] 2 years or less; and
(2) ``suspension'' means the placing of an employee,
for disciplinary reasons, in a temporary status without
duties and pay.
* * * * * * *
SUBCHAPTER II--REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN
GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS
Sec. 7511. Definitions; application
(a) For the purpose of this subchapter--
(1) ``employee'' means--
(A) an individual in the competitive
service--
(i) who is not serving a probationary
or trial period under an initial
appointment; or
(ii) except as provided in section
1599e of title 10, who has completed [1
year] not less than 2 years of current
continuous service under other than a
temporary appointment limited to 1 year
or less;
(B) a preference eligible in the excepted
service who has completed 1 year of current
continuous service in the same or similar
positions--
(i) in an Executive agency; or
(ii) in the United States Postal
Service or Postal Regulatory
Commission; and
(C) an individual in the excepted service
(other than a preference eligible)--
(i) who is not serving a probationary
or trial period under an initial
appointment pending conversion to the
competitive service; or
(ii) who has completed [2 years] not
less than 2 years of current continuous
service in the same or similar
positions in an Executive agency under
other than a temporary appointment
limited to 2 years or less;
(2) ``suspension'' has the same meaning as set forth
in section 7501(2) of this title;
(3) ``grade'' means a level of classification under a
position classification system;
(4) ``pay'' means the rate of basic pay fixed by law
or administrative action for the position held by an
employee; and
(5) ``furlough'' means the placing of an employee in
a temporary status without duties and pay because of
lack of work or funds or other nondisciplinary reasons.
(b) This subchapter does not apply to an employee--
(1) whose appointment is made by and with the advice
and consent of the Senate;
(2) whose position has been determined to be of a
confidential, policy-determining, policy-making or
policy-advocating character by--
(A) the President for a position that the
President has excepted from the competitive
service;
(B) the Office of Personnel Management for a
position that the Office has excepted from the
competitive service; or
(C) the President or the head of an agency
for a position excepted from the competitive
service by statute;
(3) whose appointment is made by the President;
(4) who is receiving an annuity from the Civil
Service Retirement and Disability Fund, or the Foreign
Service Retirement and Disability Fund, based on the
service of such employee;
(5) who is described in section 8337(h)(1), relating
to technicians in the National Guard;
(6) who is a member of the Foreign Service, as
described in section 103 of the Foreign Service Act of
1980;
(7) whose position is within the Central Intelligence
Agency or the Government Accountability Office;
(8) whose position is within the United States Postal
Service, the Postal Regulatory Commission, the Panama
Canal Commission, the Tennessee Valley Authority, the
Federal Bureau of Investigation, an intelligence
component of the Department of Defense (as defined in
section 1614 of title 10), or an intelligence activity
of a military department covered under subchapter I of
chapter 83 of title 10, unless subsection (a)(1)(B) of
this section or section 1005(a) of title 39 is the
basis for this subchapter's applicability;
(9) who is described in section 5102(c)(11) of this
title; or
(10) who holds a position within the Veterans Health
Administration which has been excluded from the
competitive service by or under a provision of title
38, unless such employee was appointed to such position
under section 7401(3) of such title.
(c) The Office may provide for the application of this
subchapter to any position or group of positions excepted from
the competitive service by regulation of the Office which is
not otherwise covered by this subchapter.
* * * * * * *
MINORITY VIEWS
Democrats strongly oppose H.R. 3023, which would extend the
probationary period from one year to two years for federal
employees in the competitive service and the Senior Executive
Service.
During the probationary period, federal employees
essentially have no due process or appeal rights if
disciplinary action is taken against them. They may be fired
without notice, they have limited rights to an attorney or
representative, and they generally may not appeal their
removals.
The bill would double the amount of time during which
federal employees are essentially at-will employees. Due
process protections are critical to ensuring the integrity of
the federal civil service by preventing its politicization and
protecting whistleblowers from retaliation.
The Majority would take the drastic step of doubling the
probationary period with no evidence that there is a problem
that needs to be addressed. The Committee has held no hearings
on whether federal agencies need a blanket one-year extension
of the probationary period for every federal job in the
competitive and senior executive service. This legislation
appears to be a solution in search of a problem.
A two-year probationary period for Department of Defense
civilian employees was recently enacted in the National Defense
Authorization Act for fiscal year 2016. However, the Defense
Department did not indicate a need for this change or request
it in its fiscal year 2016 legislative proposal. Democratic
Members sent a letter to the House and Senate Committees on
Armed Services raising concerns that such an extension would
undermine due process rights, harm whistleblower protections,
and degrade recruitment and retention.
Even after the existing probationary period ends, agencies
may still dismiss poor performers after providing employees a
chance to improve and ensuring appropriate due process,
including 30 days' notice, an opportunity to respond, and
appeal rights.
These due process protections are necessary to protect
against arbitrary agency actions, including retaliation against
whistleblowers, which the Committee has documented as a very
real danger in the past.
Before damaging due process and whistleblower rights, the
Committee should first determine whether an extension of the
probationary period is needed and, if so, whether it is
appropriate for all federal service occupations or only certain
occupations.
Committee Democrats offered two amendments to address the
concerns raised by the bill, which were defeated on party-line
votes. An amendment in the nature of a substitute was offered
by Ranking Member Cummings which would have required the
Government Accountability Office to conduct a study of federal
agencies that have lengthened the employee probationary period
from one to two years for certain occupations. It also would
have required GAO to analyze the impact of an increased
probationary period on each agency's ability to deal with poor
performers, improve employee productivity, promote recruitment
and retention, and accomplish its mission.
Since Congress recently increased the Defense Department's
probationary period for civilian employees from one to two
years, the amendment would have required GAO to examine the
Defense Department as one case study. Gathering this data is a
necessary first step before deciding to change the law,
especially since such changes could have damaging effects on
civil service protections and whistleblower disclosures.
Rep. Lawrence also offered an amendment which would have
struck the provisions in the underlying bill and required each
employing agency to make an affirmative decision in writing
near the end of an employee's probationary period stating that
the individual's performance is acceptable. The Office of
Personnel Management considers the use of an affirmative
decision to be a leading or best practice in managing the
performance of employees.
Elijah E. Cummings,
Ranking Member.
[all]