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) introduced the following bill; which was referred to the Committee on Oversight and Accountability 

A BILL 

To prohibit the establishment of schedule F of the excepted 

service, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Saving the Civil Serv5 ice Act’’. 


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1 SEC. 2. LIMITATIONS ON EXCEPTING POSITIONS FROM 

2 COMPETITIVE SERVICE AND TRANSFERRING 

3 POSITIONS. 

4 (a) IN GENERAL.—A position in the competitive serv5 ice may not be excepted from the competitive service un6 less such position is placed— 

7 (1) in any of the schedules A through E as de8 scribed in section 6.2 of title 5, Code of Federal 

9 Regulations, as in effect on September 30, 2020; 

10 and 

11 (2) under the terms and conditions under part 

12 6 of such title as in effect on such date. 

13 (b) TRANSFERS.— 

14 (1) WITHIN EXCEPTED SERVICE.—A position in 

15 the excepted service may not be transferred to any 

16 schedule other than a schedule described in sub17 section (a)(1). 

18 (2) OPM CONSENT REQUIRED.—An agency 

19 may not transfer any occupied position from the 

20 competitive service or excepted service into schedule 

21 C of subpart C of part 213 of title 5, Code of Fed22 eral Regulations, without the prior consent of the 

23 Director of the Office of Personnel Management. 

24 (3) LIMIT DURING PRESIDENTIAL TERM.—Dur25 ing any four-year presidential term, an agency may 

26 not transfer from the competitive service into the exVerDate Sep 11 2014 06:24 Mar 03, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1002.IH H1002

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1 cepted service a total number of employees that is 

2 more than one percent of the total number of em3 ployees at such agency as of the first day of such 

4 term, or five employees, whichever is greater. 

5 (4) EMPLOYEE CONSENT REQUIRED.—Notwith6 standing any other provision of this section— 

7 (A) an employee who occupies a position in 

8 the excepted service may not be transferred to 

9 an excepted service schedule other than the 

10 schedule such position is located without the 

11 prior written consent of the employee; and 

12 (B) an employee who occupies a position in 

13 the competitive service may not be transferred 

14 to the excepted service without the employee’s 

15 prior written consent. 

16 (c) OTHER MATTERS.— 

17 (1) APPLICATION.—Notwithstanding section 

18 7425(b) of title 38, United States Code, this section 

19 shall apply to positions under chapter 73 or 74 of 

20 such title. 

21 (2) REGULATIONS.—The Director shall issue 

22 regulations to implement this section. 

23 (d) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘agency’’ means any department, 

2 agency, or instrumentality of the Federal Govern3 ment; 

4 (2) the term ‘‘competitive service’’ has the 

5 meaning given that term in section 2102 of title 5, 

6 United States Code; 

7 (3) the term ‘‘Director’’ means the Director of 

8 the Office of Personnel Management; and 

9 (4) the term ‘‘excepted service’’ has the mean10 ing given that term in section 2103 of title 5, United 

11 States Code. 

Æ 


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