II
118th CONGRESS
1st Session
S. 399
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.
Short title
This Act may be cited as the Saving the Civil Service Act
.
Limitations on excepting positions from competitive service and transferring positions
Definitions
In this section—
the term agency means any department, agency, or instrumentality of the Federal Government;
the term competitive service has the meaning given the term in section 2102 of title 5, United States Code;
the term Director means the Director of the Office of Personnel Management; and
the term excepted service has the meaning given the term in section 2103 of title 5, United States Code.
Limitations
A position in the competitive service may not be excepted from the competitive service unless that position is placed—
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
under the terms and conditions under part 6 of title 5, Code of Federal Regulations, as in effect on September 30, 2020.
Transfers
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).
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.
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 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.
5 employees.
Employee consent required
Notwithstanding any other provision of this section—
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
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.
Other matters
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.
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—
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
any violation of this section that occurred during the year covered by the report.
Regulations
Not later than 90 days after the date of enactment of this Act, the Director shall issue regulations to implement this section.
