I 

117TH CONGRESS 

1ST SESSION H. R. 326 

To nullify the Executive Order 13957 entitled ‘‘Executive Order on Creating 

Schedule F In The Excepted Service’’, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2021 

Mr. CONNOLLY (for himself, Ms. NORTON, Mr. SARBANES, Mr. BEYER, Mr. 

RASKIN, Mr. HOYER, Mr. TRONE, Mr. BROWN, Mrs. CAROLYN B. MALONEY of New York, and Ms. WEXTON) introduced the following bill; which 

was referred to the Committee on Oversight and Reform 

A BILL 

To nullify the Executive Order 13957 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’’. 

6 SEC. 2. NULLIFICATION OF EXECUTIVE ORDER 13957 RE7 LATING TO SCHEDULE F IN THE EXCEPTED 

8 SERVICE. 

9 (a) RESCISSION.— 


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1 (1) IN GENERAL.—The provisions of the Execu2 tive Order 13957 (relating to Executive Order on 

3 Creating Schedule F In The Excepted Service), 

4 issued on October 21, 2020, are rescinded and shall 

5 have no force or effect. 

6 (2) EFFECTIVE DATE.—This subsection shall 

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

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

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

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

11 successor Executive Order or regulation. 

12 SEC. 3. LIMITATIONS ON CONVERSIONS OF POSITIONS AND 

13 APPOINTMENTS. 

14 (a) PROHIBITION.—Notwithstanding any other law, 

15 rule, or regulation, and except as provided in subsection 

16 (b)— 

17 (1) a position in the competitive service or the 

18 Senior Executive Service may not be converted to a 

19 position in the excepted service; and 

20 (2) an individual serving in an appointment in 

21 the competitive service or the Senior Executive Serv22 ice may not be converted to an appointment in the 

23 excepted service. 

24 (b) CONVERSIONS AND APPOINTMENTS RE25 VERSED.—Notwithstanding subsection (a)— 


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1 (1) any position in the competitive service that 

2 was converted to a position in the excepted service 

3 under Executive Order 13957 during the period be4 ginning on October 21, 2020, and ending on the 

5 date of enactment of this Act shall be converted to 

6 a position in the competitive service; 

7 (2) any individual serving in an appointment in 

8 the competitive service who was converted to an ap9 pointment in the excepted service under such Execu10 tive Order during such period shall be converted to 

11 an appointment in the competitive service; 

12 (3) any individual serving in an appointment in 

13 the excepted service who was transferred to schedule 

14 F from any of schedules A, B, C, D, or E in the 

15 excepted service during such period shall be trans16 ferred to such schedule A, B, C, D, or E (as the 

17 case may be); 

18 (4) any individual noncompetitively appointed 

19 to any position under schedule F during such period 

20 shall be transferred to schedule C in the excepted 

21 service; and 

22 (5) any individual serving in the Senior Execu23 tive Service as a limited term appointee, limited 

24 emergency appointee, or noncareer appointee (as 

25 those terms are defined in paragraphs (5), (6), and 


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1 (7), respectively, of section 3132(a) of title 5, United 

2 States Code) and who was converted to an appoint3 ment in the excepted service under such Executive 

4 Order during such period shall be converted to such 

5 appointee position in the Senior Executive Service. 

6 (c) POLITICAL APPOINTEES NONCOMPETITIVELY AP7 POINTED OR TRANSFERRED TO SCHEDULE F POSI8 TIONS.—Any individual described in subsection (b)(3), 

9 (b)(4), or (b)(5)— 

10 (1) may not be converted to a position or ap11 pointment in the competitive service; 

12 (2) may not acquire competitive status under 

13 any conversion carried out under this section; and 

14 (3) shall not be afforded any employment pro15 tections established under section 6 of the Executive 

16 Order 13957. 

17 (d) REINSTATEMENT.—Any individual occupying a 

18 position that was converted from the competitive service 

19 to the excepted service under the Executive Order 13957, 

20 and any individual whose appointment was converted from 

21 the competitive service to the excepted service under such 

22 Executive Order, who was involuntarily removed from the 

23 civil service during the period beginning on October 21, 

24 2020, and ending on the date of enactment of this Act 


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1 shall be appointed by reinstatement with backpay in ac2 cordance with section 5596 of title 5, United States Code. 

3 (e) DEFINITIONS.—In this section— 

4 (1) the terms ‘‘civil service’’, ‘‘competitive serv5 ice’’, and ‘‘excepted service’’ have the meaning given 

6 those terms in sections 2101(1), 2102, and 2103, re7 spectively, of title 5, United States Code; and 

8 (2) the term ‘‘schedule F’’ means schedule F in 

9 the excepted service established under Executive 

10 Order 13957. 

Æ 


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