119-hr492

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 492 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 492

 To prohibit the establishment of schedule F of the excepted service, 
 and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 16, 2025

 Mr. Connolly (for himself, Mr. Fitzpatrick, Mr. Mfume, and Mr. Bacon) 
 introduced the following bill; which was referred to the Committee on 
 Oversight and Government Reform

_______________________________________________________________________

 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Saving the Civil Service Act''.

SEC. 2. LIMITATIONS ON EXCEPTING POSITIONS FROM COMPETITIVE SERVICE AND 
 TRANSFERRING POSITIONS.

    (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.
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