I
118THCONGRESS
1
STSESSION H. R. 1002
To prohibit the establishment of schedule F of the excepted service, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY14, 2023
Mr. C
ONNOLLY(for himself, Mr. FITZPATRICK, and Ms. SPANBERGER) intro-
duced the following bill; which was referred to the Committee on Over-
sight 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Saving the Civil Serv-4
ice Act’’. 5
VerDate Sep 11 2014 06:24 Mar 03, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1002.IH H1002
kjohnson on DSK79L0C42PROD with BILLS 2
•HR 1002 IH
SEC. 2. LIMITATIONS ON EXCEPTING POSITIONS FROM 1
COMPETITIVE SERVICE AND TRANSFERRING 2
POSITIONS. 3
(a) I
NGENERAL.—A position in the competitive serv-4
ice may not be excepted from the competitive service un-5
less such position is placed— 6
(1) in any of the schedules A through E as de-7
scribed in section 6.2 of title 5, Code of Federal 8
Regulations, as in effect on September 30, 2020; 9
and 10
(2) under the terms and conditions under part 11
6 of such title as in effect on such date. 12
(b) T
RANSFERS.— 13
(1) W
ITHIN EXCEPTED SERVICE .—A position in 14
the excepted service may not be transferred to any 15
schedule other than a schedule described in sub-16
section (a)(1). 17
(2) OPM
CONSENT REQUIRED .—An agency 18
may not transfer any occupied position from the 19
competitive service or excepted service into schedule 20
C of subpart C of part 213 of title 5, Code of Fed-21
eral Regulations, without the prior consent of the 22
Director of the Office of Personnel Management. 23
(3) L
IMIT DURING PRESIDENTIAL TERM .—Dur-24
ing any four-year presidential term, an agency may 25
not transfer from the competitive service into the ex-26
VerDate Sep 11 2014 06:24 Mar 03, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1002.IH H1002
kjohnson on DSK79L0C42PROD with BILLS 3
•HR 1002 IH
cepted service a total number of employees that is 1
more than one percent of the total number of em-2
ployees at such agency as of the first day of such 3
term, or five employees, whichever is greater. 4
(4) E
MPLOYEE CONSENT REQUIRED .—Notwith-5
standing any other provision of this section— 6
(A) an employee who occupies a position in 7
the excepted service may not be transferred to 8
an excepted service schedule other than the 9
schedule such position is located without the 10
prior written consent of the employee; and 11
(B) an employee who occupies a position in 12
the competitive service may not be transferred 13
to the excepted service without the employee’s 14
prior written consent. 15
(c) O
THERMATTERS.— 16
(1) A
PPLICATION.—Notwithstanding section 17
7425(b) of title 38, United States Code, this section 18
shall apply to positions under chapter 73 or 74 of 19
such title. 20
(2) R
EGULATIONS.—The Director shall issue 21
regulations to implement this section. 22
(d) D
EFINITIONS.—In this section— 23
VerDate Sep 11 2014 06:24 Mar 03, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1002.IH H1002
kjohnson on DSK79L0C42PROD with BILLS 4
•HR 1002 IH
(1) the term ‘‘agency’’ means any department, 1
agency, or instrumentality of the Federal Govern-2
ment; 3
(2) the term ‘‘competitive service’’ has the 4
meaning given that term in section 2102 of title 5, 5
United States Code; 6
(3) the term ‘‘Director’’ means the Director of 7
the Office of Personnel Management; and 8
(4) the term ‘‘excepted service’’ has the mean-9
ing given that term in section 2103 of title 5, United 10
States Code. 11
Æ
VerDate Sep 11 2014 06:24 Mar 03, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1002.IH H1002
kjohnson on DSK79L0C42PROD with BILLS