EQUALS Act of 2017

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. 1. Short title This Act may be cited as the Ensuring a Qualified Civil Service Act of 2017 EQUALS Act of 2017 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 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 (B) the term license (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) 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. 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 2-year (b) Conforming amendment Section 3592(a)(1) of such title is amended by striking 1-year 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. 4. Adverse actions (a) Subchapter I of chapter 75 Section 7501(1) of title 5, United States Code, is amended— (1) by striking or, except and, except (2) by striking 1 year of current 2 years of current (b) Subchapter II of chapter 75 Section 7511(a)(1) of title 5, United States Code, is amended— (1) in subparagraph (A)(i) by striking ; or ; and (2) in subparagraph (A)(ii), by striking 1 year 2 years (3) in subparagraph (B) by striking 1 year 2 years (4) in subparagraph (C)(i), by striking ; or ; 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 2 years of current (2) in paragraph (3) by striking 1 year 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. 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. November 16, 2017 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: 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.