H.R. 492

119 HR 492 IH: Saving the Civil Service Act
 U.S. House of Representatives
 2025-01-16
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 492  IN THE HOUSE OF REPRESENTATIVES   January 16, 2025   Mr. Connolly  (for himself,  Mr. Fitzpatrick ,  Mr. Mfume , and  Mr. Bacon ) introduced the following bill; which was referred to the  Committee on Oversight and Government Reform    A BILL
To prohibit the establishment of schedule F of the excepted service, and for other purposes.
1.
Short title
This Act may be cited as the   Saving the Civil Service Act  .
2.
Limitations on excepting positions from competitive service and transferring positions
(a)
In general
A position in the competitive service may not be excepted from the competitive service unless such position is placed—
(1)
in any of the schedules A through E as described 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 subsection (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 Federal Regulations, without the prior consent of the Director of the Office of Personnel Management.
(3)
Limit during presidential term
During any four-year presidential term, an agency may not transfer from the competitive service into the excepted service a total number of employees that is more than one percent of the total number of employees at such agency as of the first day of such term, or five employees, whichever is greater.
(4)
Employee consent required
Notwithstanding 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—
(1)
the term  agency  means any department, agency, or instrumentality of the Federal Government;
(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 meaning given that term in section 2103 of title 5, United States Code.