Us Congress 2023-2024 Regular Session

Us Congress House Bill HB1002 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	1
4	4	STSESSION H. R. 1002
5	5	To prohibit the establishment of schedule F of the excepted service, and
6	6	for other purposes.
7	7	IN THE HOUSE OF REPRESENTATIVES
8	8	FEBRUARY14, 2023
9	9	Mr. C
10	10	ONNOLLY(for himself, Mr. FITZPATRICK, and Ms. SPANBERGER) intro-
11	11	duced the following bill; which was referred to the Committee on Over-
12	12	sight and Accountability
13	13	A BILL
14	14	To prohibit the establishment of schedule F of the excepted
15	15	service, and for other purposes.
16	16	Be it enacted by the Senate and House of Representa-1
17	17	tives of the United States of America in Congress assembled, 2
18	18	SECTION 1. SHORT TITLE. 3
19	19	This Act may be cited as the ‘‘Saving the Civil Serv-4
20	20	ice Act’’. 5
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23	23	•HR 1002 IH
24	24	SEC. 2. LIMITATIONS ON EXCEPTING POSITIONS FROM 1
25	25	COMPETITIVE SERVICE AND TRANSFERRING 2
26	26	POSITIONS. 3
27	27	(a) I
28	28	NGENERAL.—A position in the competitive serv-4
29	29	ice may not be excepted from the competitive service un-5
30	30	less such position is placed— 6
31	31	(1) in any of the schedules A through E as de-7
32	32	scribed in section 6.2 of title 5, Code of Federal 8
33	33	Regulations, as in effect on September 30, 2020; 9
34	34	and 10
35	35	(2) under the terms and conditions under part 11
36	36	6 of such title as in effect on such date. 12
37	37	(b) T
38	38	RANSFERS.— 13
39	39	(1) W
40	40	ITHIN EXCEPTED SERVICE .—A position in 14
41	41	the excepted service may not be transferred to any 15
42	42	schedule other than a schedule described in sub-16
43	43	section (a)(1). 17
44	44	(2) OPM
45	45	CONSENT REQUIRED .—An agency 18
46	46	may not transfer any occupied position from the 19
47	47	competitive service or excepted service into schedule 20
48	48	C of subpart C of part 213 of title 5, Code of Fed-21
49	49	eral Regulations, without the prior consent of the 22
50	50	Director of the Office of Personnel Management. 23
51	51	(3) L
52	52	IMIT DURING PRESIDENTIAL TERM .—Dur-24
53	53	ing any four-year presidential term, an agency may 25
54	54	not transfer from the competitive service into the ex-26
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57	57	•HR 1002 IH
58	58	cepted service a total number of employees that is 1
59	59	more than one percent of the total number of em-2
60	60	ployees at such agency as of the first day of such 3
61	61	term, or five employees, whichever is greater. 4
62	62	(4) E
63	63	MPLOYEE CONSENT REQUIRED .—Notwith-5
64	64	standing any other provision of this section— 6
65	65	(A) an employee who occupies a position in 7
66	66	the excepted service may not be transferred to 8
67	67	an excepted service schedule other than the 9
68	68	schedule such position is located without the 10
69	69	prior written consent of the employee; and 11
70	70	(B) an employee who occupies a position in 12
71	71	the competitive service may not be transferred 13
72	72	to the excepted service without the employee’s 14
73	73	prior written consent. 15
74	74	(c) O
75	75	THERMATTERS.— 16
76	76	(1) A
77	77	PPLICATION.—Notwithstanding section 17
78	78	7425(b) of title 38, United States Code, this section 18
79	79	shall apply to positions under chapter 73 or 74 of 19
80	80	such title. 20
81	81	(2) R
82	82	EGULATIONS.—The Director shall issue 21
83	83	regulations to implement this section. 22
84	84	(d) D
85	85	EFINITIONS.—In this section— 23
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88	88	•HR 1002 IH
89	89	(1) the term ‘‘agency’’ means any department, 1
90	90	agency, or instrumentality of the Federal Govern-2
91	91	ment; 3
92	92	(2) the term ‘‘competitive service’’ has the 4
93	93	meaning given that term in section 2102 of title 5, 5
94	94	United States Code; 6
95	95	(3) the term ‘‘Director’’ means the Director of 7
96	96	the Office of Personnel Management; and 8
97	97	(4) the term ‘‘excepted service’’ has the mean-9
98	98	ing given that term in section 2103 of title 5, United 10
99	99	States Code. 11
100	100	Æ
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