What This Bill Does
This bill prevents the federal government from creating a new employment category called "schedule F" within the excepted service. It restricts which types of government jobs can be moved out of the competitive service (the standard hiring process based on qualifications) and limits how many employees can be shifted to excepted service positions (positions that don't require the standard hiring process).
Who It Affects
Federal government agencies and their employees. Specifically, current and future federal workers in competitive service positions and positions already in the excepted service.
Key Provisions
• Positions can only be moved out of competitive service if they are placed in schedules A through E as those schedules existed on September 30, 2020. (Sec. 2(a)(1))
• Jobs in the excepted service cannot be transferred to any schedule except A through E. (Sec. 2(b)(1))
• Federal agencies need permission from the Director of the Office of Personnel Management before moving any occupied job position into schedule C. (Sec. 2(b)(2))
• During each four-year presidential term, an agency cannot move more than 1 percent of its total employees (or five employees, whichever number is larger) from competitive service to excepted service. (Sec. 2(b)(3))
• Employees cannot be moved to a different excepted service schedule or to the excepted service without their written permission. (Sec. 2(b)(4))
What Changes
If this becomes law, federal agencies lose the ability to create schedule F positions. They also gain restrictions on moving existing jobs between employment categories and must get employee consent before moving workers to less-protected positions.
Important Definitions
• "Agency" means any department, agency or instrumentality of the federal government (Sec. 2(d)(1))
• "Competitive service" refers to federal jobs filled through a standard hiring and qualification process (Sec. 2(d)(2))
• "Excepted service" refers to federal jobs that are exempt from standard competitive hiring rules (Sec. 2(d)(4))
• "Director" means the Director of the Office of Personnel Management (Sec. 2(d)(3))
I
118TH CONGRESS
1ST SESSION H. R. 1002
To prohibit the establishment of schedule F of the excepted service, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2023
Mr. CONNOLLY (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-
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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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•HR 1002 IH
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) IN GENERAL.—A position in the competitive serv-
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ice may not be excepted from the competitive service un-
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less such position is placed—
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(1) in any of the 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 such title as in effect on such date.
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(b) TRANSFERS.—
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(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 (a)(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 excepted service into schedule
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C of subpart C of part 213 of title 5, Code of Fed-
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eral Regulations, without the prior consent of the
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Director of the Office of Personnel Management.
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(3) LIMIT DURING PRESIDENTIAL TERM.—Dur-
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ing any four-year presidential term, an agency may
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not transfer from the competitive service into the ex-
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•HR 1002 IH
cepted service a total number of employees that is
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more than one percent of the total number of em-
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ployees at such agency as of the first day of such
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term, or five employees, whichever is greater.
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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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schedule such position is located without the
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prior written consent of the employee; 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 employee’s
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prior written consent.
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(c) 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 positions under chapter 73 or 74 of
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such title.
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(2) REGULATIONS.—The Director shall issue
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regulations to implement this section.
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(d) DEFINITIONS.—In this section—
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•HR 1002 IH
(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 that 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 that term in section 2103 of title 5, United
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States Code.
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Æ
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