H. Rept. 115-430 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4182) 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, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1699) TO AMEND THE TRUTH IN LENDING ACT TO MODIFY THE DEFINITIONS OF A MORTGAGE ORIGINATOR AND A HIGH-COST MORTGAGE, TO AMEND THE SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT OF 2008 TO MODIFY THE DEFINITION OF A LOAN ORIGINATOR, AND FOR OTHER PURPOSES115th Congress (2017-2018)
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-430
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4182) 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, AND PROVIDING FOR CONSIDERATION OF THE
BILL (H.R. 1699) TO AMEND THE TRUTH IN LENDING ACT TO MODIFY THE
DEFINITIONS OF A MORTGAGE ORIGINATOR AND A HIGH-COST MORTGAGE, TO AMEND
THE SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT OF 2008 TO
MODIFY THE DEFINITION OF A LOAN ORIGINATOR, AND FOR OTHER PURPOSES
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November 29, 2017.--Referred to the House Calendar and ordered to be
printed
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Mr. Woodall, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 635]
The Committee on Rules, having had under consideration
House Resolution 635, by a record vote of 6 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 4182, the
Ensuring a Qualified Civil Service Act of 2017, under a
structured rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Oversight and Government
Reform. The resolution waives all points of order against
consideration of the bill. The resolution provides that the
bill shall be considered as read. The resolution waives all
points of order against provisions in the bill. The resolution
makes in order only those amendments printed in this report.
Each such amendment may be offered only in the order printed in
this report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole. The
resolution waives all points of order against the amendments
printed in this report. The resolution provides one motion to
recommit with or without instructions.
Section 2 of the resolution provides for consideration of
H.R. 1699, the Preserving Access to Manufactured Housing Act of
2017, under a closed rule. The resolution provides one hour of
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Financial Services. The
resolution waives all points of order against consideration of
the bill. The resolution provides that an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 115-42 shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. The resolution provides for one motion to recommit
with or without instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of H.R. 4182, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in H.R. 4182, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments to H.R. 4182 printed in this report, the
Committee is not aware of any points of order. The waiver is
prophylactic in nature.
Although the resolution waives all points of order against
consideration of H.R. 1699, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in H.R. 1699, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 154
Motion by Mr. Cole to report the rule. Adopted: 6-3
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Majority Members Vote Minority Members Vote
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Mr. Cole....................................... Yea Ms. Slaughter..................... ............
Mr. Woodall..................................... Yea Mr. McGovern...................... Nay
Mr. Burgess..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Collins..................................... ............ Mr. Polis......................... Nay
Mr. Byrne....................................... Yea
Mr. Newhouse.................................... Yea
Mr. Buck........................................ ............
Ms. Cheney...................................... ............
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENTS TO H.R. 4182 MADE IN ORDER
1. Hastings, Alcee (FL): Exempts alumni of the PeaceCorps,
AmeriCorps, and other national service programs under the
Corporation for National and Community Service from the two
year probationary period. (10 minutes)
2. Johnson, Hank (GA): Requires that an individual in a
probationary period receive written performance feedback every
180 days during such probationary period that includes
notification of whether such individual is making satisfactory
or unsatisfactory progress towards meeting any requirements for
which notice is required under paragraph (2). (10 minutes)
3. Gianforte (MT): Provides additional notification to
supervisor with 1 year, 6 months, 3 months and 30 days of
remaining probationary period. (10 minutes)
4. Connolly (VA): SUBSTITUTE Strikes the provisions of the
bill and replaces it with a study and report by the Comptroller
General of the United States. The study and report will be on
those agencies that have lengthened the employee probationary
period from 1 to 2 years, and any impact of an existing 2 year
probationary period at the agency. (10 minutes)
TEXT OF AMENDMENTS TO H.R. 4182 MADE IN ORDER
1. An Amendment To Be Offered by Representative Hastings of Florida or
His Designee, Debatable for 10 Minutes
Page 3, line 18, strike ``The length'' and insert ``Except as
provided for in paragraph (2), the length''.
Page 4, after line 8, insert the following (and redesignate
accordingly):
``(2) Notwithstanding paragraph (1), in the case of an
individual who has successfully completed a term of service in
a national service program under the National and Community
Service Act of 1990 (42 U.S.C. 12501 et seq.) or the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.), or as a
volunteer or a volunteer leader under the Peace Corps Act (22
U.S.C. 2501 et seq.), the length of a probationary period
established under paragraph (1) or (2) of subsection (a)
shall--
``(A) with respect to any position occupied by such
an individual that requires formal training, begin on
the date of appointment to the position and end on the
date that is 1 year after the date on which such formal
training is completed;
``(B) with respect to any position occupied by such
an individual that requires a license, begin on the
date of appointment to the position and end on the date
that is 1 year after the date on which such license is
granted; and
``(C) with respect to any position occupied by such
an individual that is not covered by subparagraph (A)
or (B), be a period of 1 year beginning on the date of
the appointment to the position.
Page 4, line 9, strike ``paragraph (1)'' and insert ``this
subsection''.
----------
2. An Amendment To Be Offered by Representative Johnson of Georgia or
His Designee, Debatable for 10 Minutes
Page 3, after line 24, insert the following (and redesignate
accordingly):
``(3) any individual who is required to complete a
probationary period under this section receive written
performance feedback every 180 days during such
probationary period that includes notification of
whether the individual is making satisfactory or
unsatisfactory progress towards meeting any
requirements for which notice is required under
paragraph (2);
----------
3. An Amendment To Be Offered by Representative Gianforte of Montana or
His Designee, Debatable for 10 Minutes
Page 4, strike lines 1 through 5 and insert the following:
``(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. An Amendment To Be Offered by Representative Connolly of Virginia or
His Designee, Debatable for 10 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. STUDY ON LENGTH OF PROBATIONARY PERIOD.
(a) In General.--The Comptroller General of the United States
shall conduct a study on Federal agencies that have lengthened
the employee probationary period from 1 to 2 years and other
potential extensions of probationary periods for certain
occupations in the Federal Government.
(b) Contents.--The study required under subsection (a) shall
analyze--
(1) any impact of an existing 2-year probationary
period (compared to a 1-year probationary period) on
the employing agency's ability to deal with
underperforming employees, improve productivity,
improve recruitment and retention, and accomplish the
mission of the agency and shall include the Department
of Defense as a case study; and
(2) whether certain occupations in the Federal
Government should have probationary periods in excess
of 1 year because of the complexity, sensitivity, or
unique occupational challenges of such occupations,
including--
(A) whether such a probationary period
extension would provide supervisors sufficient
time to adequately assess employee performance
and whether the extension would lead to
measureable improvements in the performance of
employees in those occupations; and
(B) an identification of the occupations, and
the characteristics of those occupations, that
would benefit from longer probationary periods,
including requirements to exercise supervisory
authority and possess professional licenses and
training.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Oversight and Government Reform of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report containing the
study required under subsection (a).
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