What This Bill Does
This bill limits how federal agencies can move positions from the competitive service (regular hiring through merit-based competition) to the excepted service (positions filled without competitive hiring). The bill is called the "Saving the Civil Service Act" and applies rules that were in place as of September 30, 2020.
Who It Affects
Federal agencies and the employees who work in competitive service or excepted service positions across the federal government. The Director of the Office of Personnel Management must enforce these rules.
Key Provisions
* Agencies can only move positions out of competitive service if those positions fit into specific categories (schedules A through E) and follow rules that were active on September 30, 2020. (Sec. 2(b))
* An agency cannot move an occupied position into schedule C without first getting permission from the Director of the Office of Personnel Management. (Sec. 2(c)(2))
* During each four-year presidential term, an agency cannot move more than 1 percent of its total employees (or 5 employees, whichever is greater) from competitive service to excepted service. (Sec. 2(c)(3))
* Employees cannot be moved to a different excepted service schedule or to excepted service at all without their written permission first. (Sec. 2(c)(4))
* The Director must report to Congress each March listing all position transfers from competitive to excepted service and any violations of this law. (Sec. 2(d)(2))
What Changes
Federal agencies lose the ability to freely move positions from competitive service to excepted service. Agencies must get employee permission before moving workers to different status. Agencies must get the Director's permission for certain transfers. The Director must create rules to carry out this law within 90 days after it becomes law.
Important Definitions
The bill defines "agency" as any department, agency or instrumentality of the federal government. "Competitive service" refers to federal jobs filled through merit-based competition. "Excepted service" refers to federal jobs filled without competitive hiring. "Director" means the Director of the Office of Personnel Management.
II
118TH CONGRESS
1ST SESSION
S. 399
To place limitations on excepting positions from the competitive service,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 14, 2023
Mr. KAINE (for himself, Mrs. FEINSTEIN, Mr. WARNER, Mr. CARDIN, Mr.
VAN HOLLEN, Mr. SCHATZ, Mr. MARKEY, Ms. DUCKWORTH, Ms.
HIRONO, Mr. KING, Mrs. SHAHEEN, Mr. CASEY, Mr. DURBIN, Mr.
WHITEHOUSE, and Mr. CARPER) introduced the following bill; which was
read twice and referred to the Committee on Homeland Security and
Governmental Affairs
A BILL
To place limitations on excepting positions from the
competitive service, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Saving the Civil Serv-
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ice Act’’.
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•S 399 IS
SEC. 2. LIMITATIONS ON EXCEPTING POSITIONS FROM
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COMPETITIVE SERVICE AND TRANSFERRING
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POSITIONS.
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(a) DEFINITIONS.—In this section—
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(1) the term ‘‘agency’’ means any department,
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agency, or instrumentality of the Federal Govern-
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ment;
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(2) the term ‘‘competitive service’’ has the
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meaning given the term in section 2102 of title 5,
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United States Code;
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(3) the term ‘‘Director’’ means the Director of
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the Office of Personnel Management; and
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(4) the term ‘‘excepted service’’ has the mean-
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ing given the term in section 2103 of title 5, United
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States Code.
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(b) LIMITATIONS.—A position in the competitive
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service may not be excepted from the competitive service
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unless that position is placed—
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(1) in any of schedules A through E, as de-
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scribed in section 6.2 of title 5, Code of Federal
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Regulations, as in effect on September 30, 2020;
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and
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(2) under the terms and conditions under part
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6 of title 5, Code of Federal Regulations, as in effect
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on September 30, 2020.
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(c) TRANSFERS.—
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•S 399 IS
(1) WITHIN EXCEPTED SERVICE.—A position in
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the excepted service may not be transferred to any
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schedule other than a schedule described in sub-
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section (b)(1).
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(2) OPM CONSENT
REQUIRED.—An agency
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may not transfer any occupied position from the
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competitive service or the excepted service into
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schedule C of subpart C of part 213 of title 5, Code
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of Federal Regulations, or any successor regulations,
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without the prior consent of the Director.
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(3) LIMIT DURING PRESIDENTIAL TERM.—Dur-
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ing any 4-year presidential term, an agency may not
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transfer from a position in the competitive service to
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a position in the excepted service the greater of the
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following:
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(A) A total number of employees that is
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more than 1 percent of the total number of em-
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ployees employed by that agency, as of the first
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day of that presidential term.
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(B) 5 employees.
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(4) EMPLOYEE CONSENT REQUIRED.—Notwith-
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standing any other provision of this section—
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(A) an employee who occupies a position in
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the excepted service may not be transferred to
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an excepted service schedule other than the
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•S 399 IS
schedule in which that position is located with-
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out the prior written consent of the employee;
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and
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(B) an employee who occupies a position in
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the competitive service may not be transferred
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to the excepted service without the prior written
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consent of the employee.
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(d) OTHER MATTERS.—
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(1)
APPLICATION.—Notwithstanding
section
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7425(b) of title 38, United States Code, this section
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shall apply to a position under chapter 73 or 74 of
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that title.
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(2) REPORT.—Not later than March 15 of each
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calendar year, the Director shall submit to Congress
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a report on the immediately preceding calendar year
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that lists—
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(A) each position that, during the year cov-
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ered by the report, was transferred from the
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competitive service to the excepted service and
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a justification as to why each such position was
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so transferred; and
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(B) any violation of this section that oc-
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curred during the year covered by the report.
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•S 399 IS
(e) REGULATIONS.—Not later than 90 days after the
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date of enactment of this Act, the Director shall issue reg-
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ulations to implement this section.
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Æ
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