Title: Saving the Civil Service Act
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, in the excepted service instead of the competitive service.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8687 Introduced in House (IH)]

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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.

    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 REGARDING SCHEDULE F AND 
              LIMITATIONS ON CONVERSIONS OF COMPETITIVE SERVICE 
              POSITIONS TO EXCEPTED SERVICE POSITIONS.

    (a) Rescission.--
            (1) In general.--The provisions of the Executive Order 
        entitled ``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        Excepted Service'', issued on October 21, 2020, are rescinded 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.
    (c) Conversions.--
            (1) Prohibition.--Notwithstanding any other law, rule, or 
        regulation, and except as provided in paragraph (2)--
                    (A) a position in the competitive service may not 
                be converted to a position in the excepted service; and
                    (B) an individual serving in an appointment in the 
                competitive service may not be converted to an 
                appointment in the excepted service.
            (2) Conversions reversed.--Notwithstanding paragraph (1)--
                    (A) any position in the competitive service that 
                was converted to a position in the excepted service 
                under the Executive Order described in subsection 
                (a)(1) 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; 
                and
                    (B) 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) Competitive status.--An individual noncompetitively 
        appointed to a position under schedule F (established under the 
        Executive Order described in subsection (a)(1)) may not acquire 
        competitive status under any conversion carried out under this 
        subsection.
    (d) Reinstatement.--Any individual occupying a position that was 
converted from the competitive service to the excepted service under 
the Executive Order described in subsection (a)(1), and any individual 
whose appointment was converted from the competitive service to the 
excepted service under such Executive Order, who was involuntary 
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, 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.
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