Saving the Civil Service Act

I 116TH CONGRESS 2D SESSION H. R. 8687 To nullify the Executive Order entitled ‘‘Executive Order on Creating Schedule F In The Excepted Service’’, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 27, 2020 Mr. CONNOLLY (for himself, Mrs. CAROLYN B. MALONEY of New York, and Mr. HOYER) introduced the following bill; which was referred to the Com- mittee on Oversight and Reform A BILL To nullify the Executive Order entitled ‘‘Executive Order on Creating Schedule F In 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 22:34 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8687.IH H8687 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8687 IH SEC. 2. NULLIFICATION OF EXECUTIVE ORDER REGARDING 1 SCHEDULE F AND LIMITATIONS ON CONVER- 2 SIONS OF COMPETITIVE SERVICE POSITIONS 3 TO EXCEPTED SERVICE POSITIONS. 4 (a) RESCISSION.— 5 (1) IN GENERAL.—The provisions of the Execu- 6 tive Order entitled ‘‘Executive Order on Creating 7 Schedule F In The Excepted Service’’, issued on Oc- 8 tober 21, 2020, are rescinded and shall have no 9 force or effect. 10 (2) EFFECTIVE DATE.—This subsection shall 11 take effect as if enacted on October 21, 2020. 12 (b) LIMITATION ON FUNDS.—No Federal funds may 13 be used to implement, administer, or otherwise carry out 14 the Executive Order described in subsection (a)(1), or any 15 successor Executive Order or regulation. 16 (c) CONVERSIONS.— 17 (1) PROHIBITION.—Notwithstanding any other 18 law, rule, or regulation, and except as provided in 19 paragraph (2)— 20 (A) a position in the competitive service 21 may not be converted to a position in the ex- 22 cepted service; and 23 (B) an individual serving in an appoint- 24 ment in the competitive service may not be con- 25 VerDate Sep 11 2014 22:34 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8687.IH H8687 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8687 IH verted to an appointment in the excepted serv- 1 ice. 2 (2) CONVERSIONS REVERSED.—Notwith- 3 standing paragraph (1)— 4 (A) any position in the competitive service 5 that was converted to a position in the excepted 6 service under the Executive Order described in 7 subsection (a)(1) during the period beginning 8 on October 21, 2020, and ending on the date 9 of enactment of this Act shall be converted to 10 a position in the competitive service; and 11 (B) any individual serving in an appoint- 12 ment in the competitive service who was con- 13 verted to an appointment in the excepted serv- 14 ice under such Executive Order during such pe- 15 riod shall be converted to an appointment in the 16 competitive service. 17 (3) COMPETITIVE STATUS.—An individual non- 18 competitively appointed to a position under schedule 19 F (established under the Executive Order described 20 in subsection (a)(1)) may not acquire competitive 21 status under any conversion carried out under this 22 subsection. 23 (d) REINSTATEMENT.—Any individual occupying a 24 position that was converted from the competitive service 25 VerDate Sep 11 2014 22:34 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8687.IH H8687 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8687 IH to the excepted service under the Executive Order de- 1 scribed in subsection (a)(1), and any individual whose ap- 2 pointment was converted from the competitive service to 3 the excepted service under such Executive Order, who was 4 involuntary removed from the civil service during the pe- 5 riod beginning on October 21, 2020, and ending on the 6 date of enactment of this Act shall be appointed by rein- 7 statement with backpay in accordance with section 5596 8 of title 5, United States Code. 9 (e) DEFINITIONS.—In this section, the terms ‘‘civil 10 service’’, ‘‘competitive service’’, and ‘‘excepted service’’ 11 have the meaning given those terms in sections 2101(1), 12 2102, and 2103, respectively, of title 5, United States 13 Code. 14 Æ VerDate Sep 11 2014 22:34 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H8687.IH H8687 pamtmann on DSKBC07HB2PROD with BILLS