Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB399 Compare Versions

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

Old	New	Differences
1	1	II
2	2	118THCONGRESS
3	3	1
4	4	STSESSION S. 399
5	5	To place limitations on excepting positions from the competitive service,
6	6	and for other purposes.
7	7	IN THE SENATE OF THE UNITED STATES
8	8	FEBRUARY14, 2023
9	9	Mr. K
10	10	AINE(for himself, Mrs. FEINSTEIN, Mr. WARNER, Mr. CARDIN, Mr.
11	11	V
12	12	ANHOLLEN, Mr. SCHATZ, Mr. MARKEY, Ms. DUCKWORTH, Ms.
13	13	H
14	14	IRONO, Mr. KING, Mrs. SHAHEEN, Mr. CASEY, Mr. DURBIN, Mr.
15	15	W
16	16	HITEHOUSE, and Mr. CARPER) introduced the following bill; which was
17	17	read twice and referred to the Committee on Homeland Security and
18	18	Governmental Affairs
19	19	A BILL
20	20	To place limitations on excepting positions from the
21	21	competitive service, and for other purposes.
22	22	Be it enacted by the Senate and House of Representa-1
23	23	tives of the United States of America in Congress assembled, 2
24	24	SECTION 1. SHORT TITLE. 3
25	25	This Act may be cited as the ‘‘Saving the Civil Serv-4
26	26	ice Act’’. 5
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29	29	•S 399 IS
30	30	SEC. 2. LIMITATIONS ON EXCEPTING POSITIONS FROM 1
31	31	COMPETITIVE SERVICE AND TRANSFERRING 2
32	32	POSITIONS. 3
33	33	(a) D
34	34	EFINITIONS.—In this section— 4
35	35	(1) the term ‘‘agency’’ means any department, 5
36	36	agency, or instrumentality of the Federal Govern-6
37	37	ment; 7
38	38	(2) the term ‘‘competitive service’’ has the 8
39	39	meaning given the term in section 2102 of title 5, 9
40	40	United States Code; 10
41	41	(3) the term ‘‘Director’’ means the Director of 11
42	42	the Office of Personnel Management; and 12
43	43	(4) the term ‘‘excepted service’’ has the mean-13
44	44	ing given the term in section 2103 of title 5, United 14
45	45	States Code. 15
46	46	(b) L
47	47	IMITATIONS.—A position in the competitive 16
48	48	service may not be excepted from the competitive service 17
49	49	unless that position is placed— 18
50	50	(1) in any of schedules A through E, as de-19
51	51	scribed in section 6.2 of title 5, Code of Federal 20
52	52	Regulations, as in effect on September 30, 2020; 21
53	53	and 22
54	54	(2) under the terms and conditions under part 23
55	55	6 of title 5, Code of Federal Regulations, as in effect 24
56	56	on September 30, 2020. 25
57	57	(c) T
58	58	RANSFERS.— 26
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61	61	•S 399 IS
62	62	(1) WITHIN EXCEPTED SERVICE .—A position in 1
63	63	the excepted service may not be transferred to any 2
64	64	schedule other than a schedule described in sub-3
65	65	section (b)(1). 4
66	66	(2) OPM
67	67	CONSENT REQUIRED .—An agency 5
68	68	may not transfer any occupied position from the 6
69	69	competitive service or the excepted service into 7
70	70	schedule C of subpart C of part 213 of title 5, Code 8
71	71	of Federal Regulations, or any successor regulations, 9
72	72	without the prior consent of the Director. 10
73	73	(3) L
74	74	IMIT DURING PRESIDENTIAL TERM .—Dur-11
75	75	ing any 4-year presidential term, an agency may not 12
76	76	transfer from a position in the competitive service to 13
77	77	a position in the excepted service the greater of the 14
78	78	following: 15
79	79	(A) A total number of employees that is 16
80	80	more than 1 percent of the total number of em-17
81	81	ployees employed by that agency, as of the first 18
82	82	day of that presidential term. 19
83	83	(B) 5 employees. 20
84	84	(4) E
85	85	MPLOYEE CONSENT REQUIRED .—Notwith-21
86	86	standing any other provision of this section— 22
87	87	(A) an employee who occupies a position in 23
88	88	the excepted service may not be transferred to 24
89	89	an excepted service schedule other than the 25
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92	92	•S 399 IS
93	93	schedule in which that position is located with-1
94	94	out the prior written consent of the employee; 2
95	95	and 3
96	96	(B) an employee who occupies a position in 4
97	97	the competitive service may not be transferred 5
98	98	to the excepted service without the prior written 6
99	99	consent of the employee. 7
100	100	(d) O
101	101	THERMATTERS.— 8
102	102	(1) A
103	103	PPLICATION.—Notwithstanding section 9
104	104	7425(b) of title 38, United States Code, this section 10
105	105	shall apply to a position under chapter 73 or 74 of 11
106	106	that title. 12
107	107	(2) R
108	108	EPORT.—Not later than March 15 of each 13
109	109	calendar year, the Director shall submit to Congress 14
110	110	a report on the immediately preceding calendar year 15
111	111	that lists— 16
112	112	(A) each position that, during the year cov-17
113	113	ered by the report, was transferred from the 18
114	114	competitive service to the excepted service and 19
115	115	a justification as to why each such position was 20
116	116	so transferred; and 21
117	117	(B) any violation of this section that oc-22
118	118	curred during the year covered by the report. 23
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122	122	(e) REGULATIONS.—Not later than 90 days after the 1
123	123	date of enactment of this Act, the Director shall issue reg-2
124	124	ulations to implement this section. 3
125	125	Æ
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