Saving the Civil Service Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 492 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 492

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 16, 2025

 Mr. Connolly (for himself, Mr. Fitzpatrick, Mr. Mfume, and Mr. Bacon)
 introduced the following bill; which was referred to the Committee on
                    Oversight and Government Reform

_______________________________________________________________________

                                 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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