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 Committee 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. 

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. NULLIFICATION OF EXECUTIVE ORDER REGARDING 

2 SCHEDULE F AND LIMITATIONS ON CONVER3 SIONS OF COMPETITIVE SERVICE POSITIONS 

4 TO EXCEPTED SERVICE POSITIONS. 

5 (a) RESCISSION.— 

6 (1) IN GENERAL.—The provisions of the Execu7 tive Order entitled ‘‘Executive Order on Creating 

8 Schedule F In The Excepted Service’’, issued on Oc9 tober 21, 2020, are rescinded and shall have no 

10 force or effect. 

11 (2) EFFECTIVE DATE.—This subsection shall 

12 take effect as if enacted on October 21, 2020. 

13 (b) LIMITATION ON FUNDS.—No Federal funds may 

14 be used to implement, administer, or otherwise carry out 

15 the Executive Order described in subsection (a)(1), or any 

16 successor Executive Order or regulation. 

17 (c) CONVERSIONS.— 

18 (1) PROHIBITION.—Notwithstanding any other 

19 law, rule, or regulation, and except as provided in 

20 paragraph (2)— 

21 (A) a position in the competitive service 

22 may not be converted to a position in the ex23 cepted service; and 

24 (B) an individual serving in an appoint25 ment in the competitive service may not be conVerDate Sep 11 2014 22:34 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8687.IH H8687

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1 verted to an appointment in the excepted serv2 ice. 

3 (2) CONVERSIONS REVERSED.—Notwith4 standing paragraph (1)— 

5 (A) any position in the competitive service 

6 that was converted to a position in the excepted 

7 service under the Executive Order described in 

8 subsection (a)(1) during the period beginning 

9 on October 21, 2020, and ending on the date 

10 of enactment of this Act shall be converted to 

11 a position in the competitive service; and 

12 (B) any individual serving in an appoint13 ment in the competitive service who was con14 verted to an appointment in the excepted serv15 ice under such Executive Order during such pe16 riod shall be converted to an appointment in the 

17 competitive service. 

18 (3) COMPETITIVE STATUS.—An individual non19 competitively appointed to a position under schedule 

20 F (established under the Executive Order described 

21 in subsection (a)(1)) may not acquire competitive 

22 status under any conversion carried out under this 

23 subsection. 

24 (d) REINSTATEMENT.—Any individual occupying a 

25 position that was converted from the competitive service 


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1 to the excepted service under the Executive Order de2 scribed in subsection (a)(1), and any individual whose ap3 pointment was converted from the competitive service to 

4 the excepted service under such Executive Order, who was 

5 involuntary removed from the civil service during the pe6 riod beginning on October 21, 2020, and ending on the 

7 date of enactment of this Act shall be appointed by rein8 statement with backpay in accordance with section 5596 

9 of title 5, United States Code. 

10 (e) DEFINITIONS.—In this section, the terms ‘‘civil 

11 service’’, ‘‘competitive service’’, and ‘‘excepted service’’ 

12 have the meaning given those terms in sections 2101(1), 

13 2102, and 2103, respectively, of title 5, United States 

14 Code. 

Æ 


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