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) intro-
duced the following bill; which was referred to the Committee on Over-
sight and Accountability 
A BILL 
To prohibit the establishment of schedule F of the excepted 
service, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Saving the Civil Serv-
ice Act’’. 
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SEC. 2. LIMITATIONS ON EXCEPTING POSITIONS FROM 
COMPETITIVE SERVICE AND TRANSFERRING 
POSITIONS. 
(a) IN GENERAL.—A position in the competitive serv-
ice may not be excepted from the competitive service un-
less such position is placed— 
(1) in any of the schedules A through E as de-
scribed in section 6.2 of title 5, Code of Federal 
Regulations, as in effect on September 30, 2020; 
and 
(2) under the terms and conditions under part 
6 of such title as in effect on such date. 
(b) TRANSFERS.— 
(1) WITHIN EXCEPTED SERVICE.—A position in 
the excepted service may not be transferred to any 
schedule other than a schedule described in sub-
section (a)(1). 
(2) OPM CONSENT
REQUIRED.—An agency 
may not transfer any occupied position from the 
competitive service or excepted service into schedule 
C of subpart C of part 213 of title 5, Code of Fed-
eral Regulations, without the prior consent of the 
Director of the Office of Personnel Management. 
(3) LIMIT DURING PRESIDENTIAL TERM.—Dur-
ing any four-year presidential term, an agency may 
not transfer from the competitive service into the ex-
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cepted service a total number of employees that is 
more than one percent of the total number of em-
ployees at such agency as of the first day of such 
term, or five employees, whichever is greater. 
(4) EMPLOYEE CONSENT REQUIRED.—Notwith-
standing any other provision of this section— 
(A) an employee who occupies a position in 
the excepted service may not be transferred to 
an excepted service schedule other than the 
schedule such position is located without the 
prior written consent of the employee; and 
(B) an employee who occupies a position in 
the competitive service may not be transferred 
to the excepted service without the employee’s 
prior written consent. 
(c) OTHER MATTERS.— 
(1) 
APPLICATION.—Notwithstanding 
section 
7425(b) of title 38, United States Code, this section 
shall apply to positions under chapter 73 or 74 of 
such title. 
(2) REGULATIONS.—The Director shall issue 
regulations to implement this section. 
(d) DEFINITIONS.—In this section— 
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(1) the term ‘‘agency’’ means any department, 
agency, or instrumentality of the Federal Govern-
ment; 
(2) the term ‘‘competitive service’’ has the 
meaning given that term in section 2102 of title 5, 
United States Code; 
(3) the term ‘‘Director’’ means the Director of 
the Office of Personnel Management; and 
(4) the term ‘‘excepted service’’ has the mean-
ing given that term in section 2103 of title 5, United 
States Code. 
Æ 
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