Saving the Civil Service Act

To nullify the Executive Order 13957 entitled Executive Order on Creating Schedule F In The Excepted Service 1. Short title This Act may be cited as the Saving the Civil Service Act 2. Nullification of Executive Order 13957 relating to schedule F in the excepted service (a) Rescission (1) In general The provisions of the Executive Order 13957 (relating to Executive Order on Creating Schedule F In The Excepted Service), issued on October 21, 2020, are rescinded and shall have no force or effect. (2) Effective date This subsection shall take effect as if enacted on October 21, 2020. (b) Limitation on funds No Federal funds may be used to implement, administer, or otherwise carry out the Executive Order described in subsection (a)(1), or any successor Executive Order or regulation. 3. Limitations on conversions of positions and appointments (a) Prohibition Notwithstanding any other law, rule, or regulation, and except as provided in subsection (b)— (1) a position in the competitive service or the Senior Executive Service may not be converted to a position in the excepted service; and (2) an individual serving in an appointment in the competitive service or the Senior Executive Service may not be converted to an appointment in the excepted service. (b) Conversions and appointments reversed Notwithstanding subsection (a)— (1) any position in the competitive service that was converted to a position in the excepted service under Executive Order 13957 during the period beginning on October 21, 2020, and ending on the date of enactment of this Act shall be converted to a position in the competitive service; (2) any individual serving in an appointment in the competitive service who was converted to an appointment in the excepted service under such Executive Order during such period shall be converted to an appointment in the competitive service; (3) any individual serving in an appointment in the excepted service who was transferred to schedule F from any of schedules A, B, C, D, or E in the excepted service during such period shall be transferred to such schedule A, B, C, D, or E (as the case may be); (4) any individual noncompetitively appointed to any position under schedule F during such period shall be transferred to schedule C in the excepted service; and (5) any individual serving in the Senior Executive Service as a limited term appointee, limited emergency appointee, or noncareer appointee (as those terms are defined in paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code) and who was converted to an appointment in the excepted service under such Executive Order during such period shall be converted to such appointee position in the Senior Executive Service. (c) Political appointees noncompetitively appointed or transferred to schedule F positions Any individual described in subsection (b)(3), (b)(4), or (b)(5)— (1) may not be converted to a position or appointment in the competitive service; (2) may not acquire competitive status under any conversion carried out under this section; and (3) shall not be afforded any employment protections established under section 6 of the Executive Order 13957. (d) Reinstatement Any individual occupying a position that was converted from the competitive service to the excepted service under the Executive Order 13957, and any individual whose appointment was converted from the competitive service to the excepted service under such Executive Order, who was involuntarily removed from the civil service during the period beginning on October 21, 2020, and ending on the date of enactment of this Act shall be appointed by reinstatement with backpay in accordance with section 5596 of title 5, United States Code. (e) Definitions In this section— (1) the terms civil service competitive service excepted service (2) the term schedule F

Summary: Saving the Civil Service Act This bill nullifies the executive order titled Creating Schedule F in the Excepted Service, which was issued on October 21, 2020. The order places executive agency positions that are of a confidential, policy-determining, policy-making, or policy-advocating character, and that are not normally subject to change as a result of a presidential transition, under a new schedule in the excepted service (Schedule F) instead of the competitive service. The order also requires any such positions in the excepted service to be reclassified to Schedule F. The bill also specifically prohibits positions or appointments in the competitive service or the Senior Executive Service from being converted to the excepted service, and prohibits certain noncompetitive appointments that were reclassified or made under the executive order from subsequently acquiring competitive status.