Extension of probationary period for employees in the competitive service
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(a) Extension of probationary period (1) In general Section 3321 of title 5, United States Code, is amended— (A) in subsection (a), by striking The President and inserting Subject to subsections (c) and (d), the President; (B) by redesignating subsection (c) as subsection (e); and (C) by inserting after subsection (b) the following: (c) (1) The length of a probationary period established under paragraph (1) or (2) of subsection (a) shall— (A) with respect to any position that requires formal training, begin on the date of the appointment to the position and end on the date that is 2 years after the date on which the formal training is completed; (B) with respect to any position that requires a license, begin on the date of the appointment to the position and end on the date that is 2 years after the date of the appointment or the date on which the license is granted, whichever is later; 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) For purposes of 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 and any offer of appointment made to an individual with respect to a vacant 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 that 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 that period not later than 1 year, 6 months, 3 months, and 30 days before the end date; and (4) if the agency head decides to retain an individual after the completion of a probationary period under this section, the agency head submits a certification to that effect to the President, supported by a brief statement of the basis for the certification, in such form and manner as the President may by regulation prescribe.. (2) Technical amendment Section 3321(e) of title 5, United States Code (as so redesignated by paragraph (1)), is amended by striking Subsections (a) and (b) and inserting Subsections (a) through (d). (3) Application This subsection and the amendments made by this subsection shall apply in the case of any appointment (as referred to in section 3321(a)(1) of title 5, United States Code) and any initial appointment (as referred to in section 3321(a)(2) of that title) taking effect on or after the effective date provided in section 12 of this Act. (b) Adverse actions (1) Subchapter I of chapter 75 of title 5 Section 7501(1) of title 5, United States Code, as amended by sections 5(c) and 7(a)(1), is further amended— (A) by striking or, except and inserting and, except; and (B) by striking 1 year of current and inserting 2 years of current. (2) Subchapter II of chapter 75 of title 5 Section 7511(a)(1) of title 5, United States Code, is amended— (A) in subparagraph (A)— (i) in clause (i), by striking; or and inserting; and; and (ii) in clause (ii), by striking 1 year the first place it appears and inserting 2 years; (B) in subparagraph (B), by striking 1 year and inserting 2 years; and (C) in subparagraph (C)(i), by striking; or and inserting; and. (3) Application The amendments made by paragraphs (1) and (2) shall apply in the case of any individual whose period of continuous service commences on or after the effective date provided in section 12. (c) Regulations The Office of Personnel Management may prescribe regulations to carry out this section and the amendments made by this section.