119-s134

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 134 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 134

 To place limitations on excepting positions from the competitive 
 service, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 16, 2025

 Mr. Kaine (for himself, Mr. Sanders, Mr. Markey, Mr. Whitehouse, Mr. 
 Van Hollen, Mrs. Murray, Mrs. Shaheen, Mr. King, Ms. Duckworth, Mr. 
 Wyden, Mr. Schatz, Mr. Hickenlooper, Mr. Fetterman, Ms. Hirono, Mr. 
Warner, Mr. Padilla, and Ms. Alsobrooks) 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 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) 

=== 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 
 the 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 the 
 term in 

section 2103 of title 5, United States Code.

    (b) Limitations.--A position in the competitive service may not be 
excepted from the competitive service unless that position is placed--

    (1) in any of 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 title 5, 
 Code of Federal Regulations, as in effect on September 30, 
 2020.
            (c) 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

    (b)

    (1) .

    (2) OPM consent required.--An agency may not transfer any 
 occupied position from the competitive service or the excepted 
 service into schedule C of subpart C of part 213 of title 5, 
 Code of Federal Regulations, or any successor regulations, 
 without the prior consent of the Director.

    (3) Limit during presidential term.--During any 4-year 
 presidential term, an agency may not transfer from a position 
 in the competitive service to a position in the excepted 
 service the greater of the following:
        (A) A total number of employees that is more than 1 
 percent of the total number of employees employed by 
 that agency, as of the first day of that presidential 
 term.
        (B) 5 employees.

    (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 in which that 
 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 prior written consent of 
 the employee.
            (d) Other Matters.--

    (1) Application.--Notwithstanding 

section 7425

    (b) of title 
 38, United States Code, this section shall apply to a position 
 under chapter 73 or 74 of that title.

    (2) Report.--Not later than March 15 of each calendar year, 
 the Director shall submit to Congress a report on the 
 immediately preceding calendar year that lists--
        (A) each position that, during the year covered by 
 the report, was transferred from the competitive 
 service to the excepted service and a justification as 
 to why each such position was so transferred; and
        (B) any violation of this section that occurred 
 during the year covered by the report.

    (e) Regulations.--Not later than 90 days after the date of 
enactment of this Act, the Director shall issue regulations to 
implement this section.
 <all>