118th CONGRESS 1st Session |
To prohibit the establishment of schedule F of the excepted service, and for other purposes.
February 14, 2023
Mr. Connolly (for himself, Mr. Fitzpatrick, and Ms. Spanberger) introduced the following bill; which was referred to the Committee on Oversight and Accountability
To prohibit the establishment of schedule F of the excepted service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Saving the Civil Service Act”.
SEC. 2. Limitations on excepting positions from competitive service and transferring positions.
(a) In general.—A position in the competitive service may not be excepted from the competitive service unless such position is placed—
(1) in any of the schedules A through E as described in section 6.2 of title 5, Code of Federal Regulations, as in effect on September 30, 2020; and
(2) under the terms and conditions under part 6 of such title as in effect on such date.
(1) WITHIN EXCEPTED SERVICE.—A position in the excepted service may not be transferred to any schedule other than a schedule described in subsection (a)(1).
(2) OPM CONSENT REQUIRED.—An agency may not transfer any occupied position from the competitive service or excepted service into schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, without the prior consent of the Director of the Office of Personnel Management.
(3) LIMIT DURING PRESIDENTIAL TERM.—During any four-year presidential term, an agency may not transfer from the competitive service into the excepted service a total number of employees that is more than one percent of the total number of employees at such agency as of the first day of such term, or five employees, whichever is greater.
(4) EMPLOYEE CONSENT REQUIRED.—Notwithstanding any other provision of this section—
(A) an employee who occupies a position in the excepted service may not be transferred to an excepted service schedule other than the schedule such position is located without the prior written consent of the employee; and
(B) an employee who occupies a position in the competitive service may not be transferred to the excepted service without the employee’s prior written consent.
(1) APPLICATION.—Notwithstanding section 7425(b) of title 38, United States Code, this section shall apply to positions under chapter 73 or 74 of such title.
(2) REGULATIONS.—The Director shall issue regulations to implement this section.
(d) Definitions.—In this section—
(1) the term “agency” means any department, agency, or instrumentality of the Federal Government;
(2) the term “competitive service” has the meaning given that term in section 2102 of title 5, United States Code;
(3) the term “Director” means the Director of the Office of Personnel Management; and
(4) the term “excepted service” has the meaning given that term in section 2103 of title 5, United States Code.