United States 115th Congress Status: Died 4 R cosponsors

HR 4182 — EQUALS Act of 2017

Last action — Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. Died in session

This bill died with 115th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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.

Bill Text

What changed in the latest version

6 added · 1 removed

Plain-language change summary

The text indicates that the bill has been referred to the Senate after being read twice and sent to the Committee on Homeland Security and Governmental Affairs. Additionally, the reference to the House version of the bill has been removed. This change marks the bill's progress from the House to the Senate.

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4182 Engrossed in House (EH)] <DOC> 115th CONGRESS 1st Session H.
4182 Referred in Senate (RFS)] <DOC> 115th CONGRESS 1st Session H.
4182 _______________________________________________________________________ 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.
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.
Clerk.
KAREN L.
115th CONGRESS 1st Session H.
HAAS, Clerk.
R.
4182 _______________________________________________________________________ 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.
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Sections of law this bill changes

6 sections in 4 laws

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Examination, selection, and placement · 5 U.S.C. ch. 33 2 sections
  • § 3321 Competitive service; probationary period Amends

    5 U.S.C. § 3321

    The law today

    (a) The President may take such action, including the issuance of rules, regulations, and directives, as shall provide as nearly as conditions of good administration warrant for a period of probation— (1) before an appointment in the competitive service becomes final; and (2) before initial appointment as a supervisor or manager becomes final. (b) An individual— (1) who has been transferred, assigned, or promoted from a position to a supervisory or managerial position, and (2) who does not satisfactorily complete the probationary period under subsection (a)(2) of this section, shall be returned to a position of no lower grade and pay than the position from which the individual was transferred, assigned, or promoted. Nothing in this section prohibits an agency from taking an action against an individual serving a probationary period under subsection (a)(2) of this section for cause unrelated to supervisory or managerial performance. (c) Subsections (a) and (b) of this section shall not apply with respect to appointments in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.

    11 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 3393 Career appointments Amends

    5 U.S.C. § 3393 — at 3393(d)

    The law today

    (a) Each agency shall establish a recruitment program, in accordance with guidelines which shall be issued by the Office of Personnel Management, which provides for recruitment of career appointees from— (1) all groups of qualified individuals within the civil service; or (2) all groups of qualified individuals whether or not within the civil service. (b) Each agency shall establish one or more executive resources boards, as appropriate, the members of which shall be appointed by the head of the agency from among employees of the agency or commissioned officers of the uniformed services serving on active duty in such agency. The boards shall, in accordance with merit staffing requirements established by the Office, conduct the merit staffing process for career appointees, including— (1) reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and (2) making written recommendations to the appropriate appointing authority concerning such candidates. (c) (1) The Office shall establish one or more qualifications review boards, as appropriate. It is the function of the boards to certify the executive qualifications of candidates for initial appointment as career appointees in accordance with regulations prescribed by the Office. Of the members of each board more than one-half shall be appointed from among career appointees. Appointments to such boards shall be made on a non-partisan basis, the sole selection criterion being the professional knowledge of public management and knowledge of the appropriate occupational fields of the intended appointee. (2) The Office shall, in consultation with the various qualification review boards, prescribe criteria for establishing executive qualifications for appointment of career appointees. The criteria shall provide for— (A) consideration of demonstrated executive experience; (B) consideration of successful participation in a career executive development program which is approved by the Office; and (C) sufficient flexibility to allow for the appointment of individuals who have special or unique qualities which indicate a likelihood of executive success and who would not otherwise be eligible for appointment. (d) An individual’s initial appointment as a career appointee shall become final only after the individual has served a 1-year probationary period as a career appointee. (e) Each career appointee shall meet the executive qualifications of the position to which appointed, as determined in writing by the appointing authority. (f) The title of each career reserved position shall be published in the Federal Register. (g) A career appointee may not be removed from the Senior Executive Service or civil service except in accordance with the applicable provisions of sections 1215,,1 3592, 3595, 7532, or 7543 of this title.

    6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Retention preference, voluntary separation incentive payments, restoration, and reemployment · 5 U.S.C. ch. 35 1 section
  • § 3592 Removal from the Senior Executive Service Amends

    5 U.S.C. § 3592 — at 3592(a)(1)

    The law today

    (a) Except as provided in subsection (b) of this section, a career appointee may be removed from the Senior Executive Service to a civil service position outside of the Senior Executive Service— (1) during the 1-year period of probation under section 3393(d) of this title, or (2) at any time for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title, except that in the case of a removal under paragraph (2) of this subsection the career appointee shall, at least 15 days before the removal, be entitled, upon request, to an informal hearing before an official designated by the Merit Systems Protection Board at which the career appointee may appear and present arguments, but such hearing shall not give the career appointee the right to initiate an action with the Board under section 7701 of this title, nor need the removal action be delayed as a result of the granting of such hearing. (b) (1) Except as provided in paragraph (2) of this subsection, a career appointee in an agency may not be involuntarily removed— (A) within 120 days after an appointment of the head of the agency; or (B) within 120 days after the appointment in the agency of the career appointee’s most immediate supervisor who— (i) is a noncareer appointee; and (ii) has the authority to remove the career appointee. (2) Paragraph (1) of this subsection does not apply with respect to— (A) any removal under section 4314(b)(3) of this title; or (B) any disciplinary action initiated before an appointment referred to in paragraph (1) of this subsection. (c) A limited emergency appointee, limited term appointee, or noncareer appointee may be removed from the service at any time.

    5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Performance appraisal · 5 U.S.C. ch. 43 1 section
  • § 4303 Actions based on unacceptable performance Amends

    5 U.S.C. § 4303 — at 4303(f)

    The law today

    (a) Subject to the provisions of this section, an agency may reduce in grade or remove an employee for unacceptable performance. (b) (1) An employee whose reduction in grade or removal is proposed under this section is entitled to— (A) 30 days’ advance written notice of the proposed action which identifies— (i) specific instances of unacceptable performance by the employee on which the proposed action is based; and (ii) the critical elements of the employee’s position involved in each instance of unacceptable performance; (B) be represented by an attorney or other representative; (C) a reasonable time to answer orally and in writing; and (D) a written decision which— (i) in the case of a reduction in grade or removal under this section, specifies the instances of unacceptable performance by the employee on which the reduction in grade or removal is based, and (ii) unless proposed by the head of the agency, has been concurred in by an employee who is in a higher position than the employee who proposed the action. (2) An agency may, under regulations prescribed by the head of such agency, extend the notice period under subsection (b)(1)(A) of this section for not more than 30 days. An agency may extend the notice period for more than 30 days only in accordance with regulations issued by the Office of Personnel Management. (c) The decision to retain, reduce in grade, or remove an employee— (1) shall be made within 30 days after the date of expiration of the notice period, and (2) in the case of a reduction in grade or removal, may be based only on those instances of unacceptable performance by the employee— (A) which occurred during the 1-year period ending on the date of the notice under subsection (b)(1)(A) of this section in connection with the decision; and (B) for which the notice and other requirements of this section are complied with. (d) If, because of performance improvement by the employee during the notice period, the employee is not reduced in grade or removed, and the employee’s performance continues to be acceptable for 1 year from the date of the advance written notice provided under subsection (b)(1)(A) of this section, any entry or other notation of the unacceptable performance for which the action was proposed under this section shall be removed from any agency record relating to the employee. (e) Any employee who is— (1) a preference eligible; (2) in the competitive service; or (3) in the excepted service and covered by subchapter II of chapter 75, and who has been reduced in grade or removed under this section is entitled to appeal the action to the Merit Systems Protection Board under section 7701. (f) This section does not apply to— (1) the reduction to the grade previously held of a supervisor or manager who has not completed the probationary period under section 3321(a)(2) of this title, (2) the reduction in grade or removal of an employee in the competitive service who is serving a probationary or trial period under an initial appointment or who has not completed 1 year of current continuous employment under other than a temporary appointment limited to 1 year or less, (3) the reduction in grade or removal of an employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions, or (4) any removal or demotion under section 714 of title 38.

    20 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Adverse actions · 5 U.S.C. ch. 75 2 sections
  • § 7501 Definitions Amends

    5 U.S.C. § 7501 — at 7501(1)

    The law today

    For the purpose of this subchapter— (1) “employee” means an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; and (2) “suspension” means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay.

    6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 7511 Definitions; application Amends

    5 U.S.C. § 7511 — at 7511(a)(1)

    The law today

    (a) For the purpose of this subchapter— (1) “employee” means— (A) an individual in the competitive service— (i) who is not serving a probationary or trial period under an initial appointment; or (ii) who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less; (B) a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions— (i) in an Executive agency; or (ii) in the United States Postal Service or Postal Regulatory Commission; and (C) an individual in the excepted service (other than a preference eligible)— (i) who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or (ii) who has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less; (2) “suspension” has the same meaning as set forth in section 7501(2) of this title; (3) “grade” means a level of classification under a position classification system; (4) “pay” means the rate of basic pay fixed by law or administrative action for the position held by an employee; and (5) “furlough” means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons. (b) This subchapter does not apply to an employee— (1) whose appointment is made by and with the advice and consent of the Senate; (2) whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by— (A) the President for a position that the President has excepted from the competitive service; (B) the Office of Personnel Management for a position that the Office has excepted from the competitive service; or (C) the President or the head of an agency for a position excepted from the competitive service by statute; (3) whose appointment is made by the President; (4) who is receiving an annuity from the Civil Service Retirement and Disability Fund, or the Foreign Service Retirement and Disability Fund, based on the service of such employee; [(5) Repealed. Pub. L. 114–328, div. A, title V, § 512(c), Dec. 23, 2016, 130 Stat. 2112.] (6) who is a member of the Foreign Service, as described in section 103 of the Foreign Service Act of 1980; (7) whose position is within the Central Intelligence Agency or the Government Accountability Office; (8) whose position is within the United States Postal Service, the Postal Regulatory Commission, the Panama Canal Commission, the Tennessee Valley Authority, the Federal Bureau of Investigation, an intelligence component of the Department of Defense (as defined in section 1614 of title 10), or an intelligence activity of a military department covered under subchapter I of chapter 83 of title 10, unless subsection (a)(1)(B) of this section or section 1005(a) of title 39 is the basis for this subchapter’s applicability; (9) who is described in section 5102(c)(11) of this title; or (10) who holds a position within the Veterans Health Administration which has been excluded from the competitive service by or under a provision of title 38, unless such employee was appointed to such position under section 7401(3) of such title. (c) The Office may provide for the application of this subchapter to any position or group of positions excepted from the competitive service by regulation of the Office which is not otherwise covered by this subchapter.

    6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

How this bill changes current law

6 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill extends the probationary periods for positions within the competitive service and the Senior Executive Service, among other provisions.

  • 5 U.S.C. § 3321

    The President → Subject to subsections (c) and (d), the President

    Clarifies that the President's actions are subject to specific subsections regarding probationary periods.

  • 5 U.S.C. § 3321

    (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.

    Establishes new criteria for determining the length of probationary periods based on formal training or licensing requirements.

  • 5 U.S.C. § 3393

    1-year → 2-year

    Increases the probationary period for positions within the Senior Executive Service from one year to two years.

  • 5 U.S.C. § 7501

    1 year of current → 2 years of current

    Changes the definition of 'employee' to require 2 years of current continuous employment for certain provisions.

  • 5 U.S.C. § 7511

    1 year → 2 years

    Increases the requirement for continuous service from 1 year to 2 years for employees in specific categories.

  • 5 U.S.C. § 7511

    1 year → 2 years

    Adjusts the eligibility criteria for preference eligibles in the excepted service to require 2 years of continuous service.

Action History

  1. Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

  2. Considered under the provisions of rule H. Res. 635. (consideration: CR H9547-9559; text of measure as reported in House: CR H9553-9554)

  3. 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.

  4. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 635 and Rule XVIII.

  5. The Speaker designated the Honorable Michael K. Simpson to act as Chairman of the Committee.

  6. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4182.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4182.

  14. The previous question was ordered pursuant to the rule.

  15. The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.

  16. Passed/agreed to in House: On passage Passed by recorded vote: 213 - 204 (Roll no. 648).

  17. On passage Passed by recorded vote: 213 - 204 (Roll no. 648).

  18. Motion to reconsider laid on the table Agreed to without objection.

  19. 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.

  20. Supplemental report filed by the Committee on Oversight and Government, H. Rept. 115-415, Part II.

  21. Supplemental report filed by the Committee on Oversight and Government, H. Rept. 115-415, Part II.

  22. Reported by the Committee on Oversight and Government Reform. H. Rept. 115-415.

  23. Reported by the Committee on Oversight and Government Reform. H. Rept. 115-415.

  24. Placed on the Union Calendar, Calendar No. 307.

  25. Committee Consideration and Mark-up Session Held.

  26. Ordered to be Reported by the Yeas and Nays: 19 - 17.

  27. Introduced in House

  28. Introduced in House

  29. Referred to the House Committee on Oversight and Government Reform.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 543 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (543)

543 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights
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Frequently asked questions

What does HR 4182 do?
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.
Who sponsors HR 4182?
HR 4182 is sponsored by Meadows, Mark (Republican), Hice, Jody B. (Republican), Loudermilk, Barry (Republican), and Comer, James (Republican).
What is the current status of HR 4182?
This bill died with 115th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 4182?
Track HR 4182 free on One Click Politics — get push/email alerts when it moves.

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