Saving the Civil Service Act

Saving the Civil Service Act

This bill generally prohibits changes to the classification of positions in the competitive service and excepted service unless certain conditions are met. (Competitive service positions are subject to competitive examination; excepted service positions are not subject to competitive examination and are instead subject to the specific requirements applicable to the schedule in which they are placed, which depends on the nature of the position.)

Specifically, the bill prohibits executive agency positions in the competitive service from being placed in the excepted service, unless such positions are placed in the excepted service as in effect on September 30, 2020. The bill also prohibits positions in the excepted service from being placed in any schedule other than the aforementioned schedules.

Additionally, agencies may not (1) transfer occupied positions from the competitive or excepted service into Schedule C without the consent of the Office of Personnel Management, or (2) transfer employees in the excepted service to another schedule or transfer employees in the competitive service to the excepted service without employee consent.

On October 21, 2020, former President Donald Trump issued an executive order that placed executive agency positions that are of a confidential, policy-determining, policy-making, or policy-advocating character, and that are not normally subject to change as a result of a presidential transition, under a new schedule in the excepted service (Schedule F) instead of the competitive service. The order also required any such positions in the excepted service to be reclassified to Schedule F. The order was subsequently revoked by President Joe Biden.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1002 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1002

 To prohibit the establishment of schedule F of the excepted service, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           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

_______________________________________________________________________

                                 A BILL


 
 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,

SECTION 1. SHORT TITLE.

    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.
    (b) Transfers.--
            (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.
    (c) Other Matters.--
            (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.
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