Ensuring a Qualified Civil Service Act of 2017 or the EQUALS Act of 2017
This bill requires the probationary period before an appointment in the competitive civil service or an initial appointment as a supervisor or manager becomes final to last for two years. The two-year probationary period applies to any position that requires formal training or a license, and any other position not requiring formal training or a license.
Each agency must ensure that: (1) an announcement of a vacant position and an offer of appointment clearly state the terms and conditions of the probationary period, (2) an individual who is required to complete a probationary period receives timely notice of requirements to successfully complete the probationary period, (3) a supervisor or manager of an individual who is required to complete the probationary period receives notification not less than 30 days before the end of the probationary period, and (4) certification of such successful completion is made.
The bill increases from one to two years: (1) the probationary period after which an individual's appointment as a career appointee in the Senior Executive Service becomes final, and (2) the continuous employment requirement for coverage under adverse action procedures for misconduct.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4182 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 31, 2017
Mr. Comer (for himself, Mr. Meadows, and Mr. Jody B. Hice of Georgia)
introduced the following bill; which was referred to the Committee on
Oversight and Government Reform
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring a Qualified Civil Service
Act of 2017'' or the ``EQUALS Act of 2017''.
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--
(1) in subsection (a), by striking ``The President'' and
inserting ``Subject to subsections (c) and (d), the
President'';
(2) by redesignating subsection (c) as subsection (e); and
(3) 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 appointment to the position and
end on the date that is 2 years after the date on which such
formal training is completed;
``(B) 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
``(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) 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 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;
``(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 such period;
``(3) any supervisor or manager of an individual who is
required to complete a probationary period under this section
receives notification of the end date of such period not less
than 30 days before such date; and
``(4) 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.''.
(b) Technical Amendment.--Section 3321(e) of title 5, United States
Code (as so redesignated by subsection (a)(2)), is amended by striking
``Subsections (a) and (b)'' and inserting ``Subsections (a) through
(d)''.
(c) Effective Date.--This section and the amendments made by this
section--
(1) shall take effect 1 year after the date of enactment of
this Act; and
(2) 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 such title) taking effect on or after the date on which this
section takes effect.
SEC. 3. EXTENSION OF PROBATIONARY PERIOD FOR POSITIONS WITHIN THE
SENIOR EXECUTIVE SERVICE.
(a) In General.--Section 3393(d) of title 5, United States Code, is
amended by striking ``1-year'' and inserting ``2-year''.
(b) Conforming Amendment.--Section 3592(a)(1) of such title is
amended by striking ``1-year'' and inserting ``2-year''.
(c) Effective Date.--The amendments made by this section--
(1) shall take effect 1 year after the date of enactment of
this Act; and
(2) shall apply in the case of any individual initially
appointed as a career appointee under section 3393 of title 5,
United States Code, on or after the date on which this section
takes effect.
SEC. 4. ADVERSE ACTIONS.
(a) Subchapter I of Chapter 75 of Title 5.--Section 7501(1) of
title 5, United States Code, is amended--
(1) by striking ``or, except'' and inserting ``and,
except''; and
(2) by striking ``1 year of current'' and inserting ``2
years of current''.
(b) Subchapter II of Chapter 75 of Title 5.--Section 7511(a)(1) of
title 5, United States Code, is amended--
(1) in subparagraph (A)(i) by striking ``; or'' and
inserting ``; and'';
(2) in subparagraph (A)(ii), by striking ``1 year'' the
first place it appears and inserting ``2 years'';
(3) in subparagraph (B) by striking ``1 year'' and
inserting ``2 years''; and
(4) in subparagraph (C)(i), by striking ``; or'' and
inserting ``; and''.
(c) Actions Based on Unacceptable Performance.--Section 4303(f) of
title 5, United States Code, is amended--
(1) in paragraph (2) by striking ``1 year of current'' and
inserting ``2 years of current''; and
(2) in paragraph (3) by striking ``1 year'' and inserting
``2 years''.
(d) Effective Date.--The amendments made by subsections (a), (b),
and (c)--
(1) shall take effect 1 year after the date of enactment of
this Act; and
(2) shall apply in the case of any individual whose period
of continuous service (as referred to in the provision of law
amended by paragraph (1) or (2) of subsection (b), as the case
may be) commences on or after the date on which this section
takes effect.
SEC. 5. REGULATIONS REQUIRED.
Not later than 180 days after the date of 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.
<all>
Supplemental report filed by the Committee on Oversight and Government, H. Rept. 115-415, Part II.
Rules Committee Resolution H. Res. 635 Reported to House. Rule provides for consideration of H.R. 4182 and H.R. 1699. Resolution provides for consideration of H.R. 4182 under a structured rule, with one hour of general debate, and one motion to recommit with or without instructions. Resolution also provides for consideration of H.R. 1699 under a closed rule, with one hour of general debate, and one motion to recommit with or without instructions.
Considered under the provisions of rule H. Res. 635. (consideration: CR H9547-9559; text of measure as reported in House: CR H9553-9554)
Rule provides for consideration of H.R. 4182 and H.R. 1699. Resolution provides for consideration of H.R. 4182 under a structured rule, with one hour of general debate, and one motion to recommit with or without instructions. Resolution also provides for consideration of H.R. 1699 under a closed rule, with one hour of general debate, and one motion to recommit with or without instructions.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 635 and Rule XVIII.
The Speaker designated the Honorable Michael K. Simpson to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4182.
DEBATE - Pursuant to the provisions of H. Res. 635, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings amendment no. 1.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Hastings amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Comer demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H. Res. 635, the Committee of the Whole proceeded with 10 minutes of debate on the Gianforte amendment no. 3, as modified.
DEBATE - Pursuant to the provisions of H. Res. 635, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly amendment no. 4.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Connolly demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4182.
The previous question was ordered pursuant to the rule.
The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by recorded vote: 213 - 204 (Roll no. 648).
Roll Call #648 (House)On passage Passed by recorded vote: 213 - 204 (Roll no. 648).
Roll Call #648 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.