EQUALS Act of 2017

Bill: 115-hr-4182
Sponsor: full_name: Rep. Comer, James [R-KY-1]
Introduced: 2017-10-31
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Administrative remedies

Employee performance

Federal officials

Government employee pay, benefits, personnel management

Office of Personnel Management (OPM)
Latest action: action_date: 2017-12-01
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2017-10-31
action_desc: Introduced in House
text: <p><b>Ensuring a Qualified Civil Service Act of 2017 or the EQUALS Act of 2017</b></p> <p>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.</p> <p>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,&nbsp;(2) an individual who is&nbsp;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&nbsp;(4) certification of such successful completion is made.</p> <p>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.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 4182 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.

1. Short title This Act may be cited as the Ensuring a Qualified Civil Service Act of 2017 or the 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 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. 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. 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. 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.

tv_txt: IB 115th CONGRESS 1st Session H. R. 4182 IN THE HOUSE OF REPRESENTATIVES AN ACT 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 or the 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 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 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) 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. 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. 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. 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.

Passed the House of Representatives November 30, 2017. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 307 115th CONGRESS 1st Session H. R. 4182 [Report No. 115–415] 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 November 16, 2017 Additional sponsor: Mr. Loudermilk November 16, 2017 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed 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.

1. Short title This Act may be cited as the Ensuring a Qualified Civil Service Act of 2017 or the 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 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. 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. 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. 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

tv_txt: IIB 115th CONGRESS 1st Session H. R. 4182 IN THE SENATE OF THE UNITED STATES December 1, 2017 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT 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 or the 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 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 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) 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. 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. 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. 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.

Passed the House of Representatives November 30, 2017. Karen L. Haas, Clerk.