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S. 399 · 118th Congress

Saving the Civil Service Act

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Never voted on. It didn't reach a floor vote before the 118th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

This bill prohibits executive agency positions in the competitive service from being placed in the excepted service, unless such positions are placed in Schedules A through E as in effect on September 30, 2020. The bill also prohibits positions in the excepted service from being placed in any schedule other than the aforementioned schedules.

What it does: CRS summary · Introduced in Senate · Feb 14, 2023

Saving the Civil Service Act

This bill prohibits executive agency positions in the competitive service from being placed in the excepted service, unless such positions are placed in Schedules A through E as in effect on September 30, 2020. The bill also prohibits positions in the excepted service from being placed in any schedule other than the aforementioned schedules.

Additionally, agencies may not (1) transfer occupied positions from the competitive or excepted service into Schedule C without the consent of the Office of Personnel Management, or (2) transfer employees in the excepted service to another schedule or transfer employees in the competitive service to the excepted service without employee consent. The bill also caps the number of employees that may be transferred from the competitive service to the excepted service during a presidential term to 1% of total employees as of the first day of the term or five employees, whichever is greater.

On October 21, 2020, former President Donald Trump issued an executive order titled Creating Schedule F in the Excepted Service. The order placed 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 required any such positions in the excepted service to be reclassified to Schedule F. The order was subsequently revoked by President Joe Biden.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Saving the Civil Service Act

Latest action (Feb 14, 2023): Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Policy area: Government Operations and Politics · Origin: Senate · Introduced: Feb 14, 2023

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.