The House Committee on Oversight and Government Reform advanced a series of bills after a Tuesday markup session, some of which have direct implications for federal employees.
Extending Probationary Periods for Most Federal Employees
The Ensuring a Qualified Civil Service Act (EQUALS) Act (H.R. 5750) would establish a one-year probationary period for “preference eligible” individuals, such as veterans and widows, in competitive and excepted service positions and a two-year probationary period for other federal employees, double what is in place for most now.
Furthermore, the bill mandates that federal managers and supervisors affirmatively certify federal employees’ continued employment after successfully completing their probationary periods. The text of the legislation states, in part:
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 legislation was introduced by Congressman Brandon Gill (R-TX) and is in response to President Trump’s April Executive Order, Strengthening Probationary Periods in the Federal Service.
This Order mandates that agencies must affirmatively determine the benefit of continued employment for probationary and trial employees before finalizing their appointments. It does so by establishing a new civil service rule (Civil Service Rule XI) which details when these periods are required, how service is credited, and the process for completing or terminating employment during these periods.
OPM issued guidance shortly thereafter with instructions for agencies on implementing the Order. It gave agencies greater discretion in terminating probationary employees, as they are no longer required to provide reasons for termination related to performance or conduct. Agencies can consider factors such as operational needs and organizational goals when deciding on continued employment.
Gill said in a statement:
[President Trump’s] executive order states that ‘the American people deserve a federal workforce that is high quality, efficient, dedicated to the public interest, and no larger than necessary.’ President Trump could not be more right. Probationary periods and trial periods are long standing, essential tools to ensure newly hired federal employees are sufficiently performing before their appointments are finalized permanently. I introduced the EQUALS Act to build upon President Trump’s Executive Order.
Congressman Robert Garcia (D-CA) expressed the sentiments of Committee Democrats about the bill. During the hearing, he said:
Early in the second Trump administration, tens of thousands of probationary federal employees, as we know, were fired. Many had many years of service dedicating their lives to this country, but had recently also moved to new roles, thus making them probationary in their new positions. They were fired not because of poor performance, but just because the president wanted to fire federal workers and probationary workers had few protections.
This bill would double the time during which federal employees have limited due process and appeal rights as probationary employees. During this time, they would be fired within 30 days’ notice. They have limited rights to an attorney or representative, and they generally cannot appeal their removal.
At a time when Donald Trump is attempting illegal mass firing and purging experts from agencies across our government this bill is a dangerous step in the wrong direction, I will vote no…
Mandating Official Time Reports by Agencies
Another bill that was advanced out of the markup session mandates that official time reports must be published annually by the Office of Personnel Management (OPM).
Official time is time given to federal employees to work on behalf of a union while continuing to receive full employee salary and benefits. It is often a controversial practice, generally more likely to be criticized by Republicans and supported by Democrats.
The Official Time Reporting Act (H.R. 5749) codifies the annual reporting requirements into law. Reports would be required to include information on the amount of official time granted, the average time expended per employee, and the purposes for which official time was used.
The legislation likely came about because OPM stopped publishing the reports on its website during the Biden administration. The last available report is from fiscal year 2019.
Earlier this year, OPM announced it was moving forward with restarting the official time reports. The agency issued a memo on February 27 directing agencies to start collecting the data for the reports. However, without a legal requirement to do so, nothing says that the reports might not stop again at some point in the future.
The legislation was introduced by Congresswoman Virginia Foxx (R-N.C.). She said in a statement:
The Official Time Reporting Act will let the American people know exactly how much of their hard-earned money is spent not providing valuable services, but on union activities. This bill simply requires all agencies to report on the cost of taxpayer funded union time and to justify any aggregate annual increases. Frankly, many Americans may be surprised to hear that federal employees can use taxpayer funding to perform duties related to government employee unions.
Other Legislation
Among other bills advanced by the House Oversight Committee include:
- Federal Supervisor Education Act (H.R. 5810) – Directs agencies to enhance their legally required training to improve supervisory competencies, support mission execution and goal achievement, and requires agencies to improve training programs to better develop future managers and offer individual development initiatives
- Federal Relocation Payment Improvement Act (H.R. 6330) – Authorizes federal agencies to pay federal employee relocation expenses using a lump-sum payment method
