[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4182 Referred in Senate (RFS)]

<DOC>
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.

    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 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.

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.

            Passed the House of Representatives November 30, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.