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H.R. 492 · House bill · 119th Congress
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.
This Act may be cited as the “Saving the Civil Service Act”.
(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.