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 while excepted service positions are appointed under one of five schedules. Competitive service positions have notice and appeal requirements for adverse actions that are not applicable to most excepted positions, including those of a confidential, policy-determining, policy-making, or policy-advocating character under Schedule C.)
On October 21, 2020, 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 F in the excepted service. The order was subsequently revoked by President Joe Biden.
The bill prohibits executive agency positions in the competitive service from being placed in the excepted service, unless such positions are placed in a schedule 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.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 134 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 134
To place limitations on excepting positions from the competitive
service, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 16, 2025
Mr. Kaine (for himself, Mr. Sanders, Mr. Markey, Mr. Whitehouse, Mr.
Van Hollen, Mrs. Murray, Mrs. Shaheen, Mr. King, Ms. Duckworth, Mr.
Wyden, Mr. Schatz, Mr. Hickenlooper, Mr. Fetterman, Ms. Hirono, Mr.
Warner, Mr. Padilla, and Ms. Alsobrooks) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To place limitations on excepting positions from the competitive
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) 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
the 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 the
term in section 2103 of title 5, United States Code.
(b) Limitations.--A position in the competitive service may not be
excepted from the competitive service unless that position is placed--
(1) in any of 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 title 5,
Code of Federal Regulations, as in effect on September 30,
2020.
(c) 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 (b)(1).
(2) OPM consent required.--An agency may not transfer any
occupied position from the competitive service or the excepted
service into schedule C of subpart C of part 213 of title 5,
Code of Federal Regulations, or any successor regulations,
without the prior consent of the Director.
(3) Limit during presidential term.--During any 4-year
presidential term, an agency may not transfer from a position
in the competitive service to a position in the excepted
service the greater of the following:
(A) A total number of employees that is more than 1
percent of the total number of employees employed by
that agency, as of the first day of that presidential
term.
(B) 5 employees.
(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 in which that
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 prior written consent of
the employee.
(d) Other Matters.--
(1) Application.--Notwithstanding section 7425(b) of title
38, United States Code, this section shall apply to a position
under chapter 73 or 74 of that title.
(2) Report.--Not later than March 15 of each calendar year,
the Director shall submit to Congress a report on the
immediately preceding calendar year that lists--
(A) each position that, during the year covered by
the report, was transferred from the competitive
service to the excepted service and a justification as
to why each such position was so transferred; and
(B) any violation of this section that occurred
during the year covered by the report.
(e) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Director shall issue regulations to
implement this section.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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