Saving the Civil Service Act
Bill: H.R.326 | Sponsor: Rep. Connolly, Gerald E. (D-VA)
Policy area: Government Operations and Politics

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.

To nullify the Executive Order 13957 entitled ``Executive Order on 
 Creating Schedule F In The Excepted Service'', and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Saving the Civil Service Act''.

SEC. 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        rescinded and shall have no force or effect.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.

SEC. 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'', 
        and ``excepted service'' have the meaning given those terms in 
        sections 2101(1), 2102, and 2103, respectively, of title 5, 
        United States Code; and
            (2) the term ``schedule F'' means schedule F in the 
        excepted service established under Executive Order 13957.
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