[Congressional Record Volume 170, Number 113 (Tuesday, July 9, 2024)]
[Senate]
[Page S4277]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2081. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LIMITATIONS ON EXCEPTING POSITIONS FROM COMPETITIVE 
                   SERVICE AND TRANSFERRING POSITIONS.

       (a) 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 
     the 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 the 
     term in section 2103 of title 5, United States Code.
       (b) Limitations.--A position in the competitive service may 
     not be excepted from the competitive service unless that 
     position is placed--
       (1) in any of 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 title 5, 
     Code of Federal Regulations, as in effect on September 30, 
     2020.
       (c) 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 (b)(1).
       (2) OPM consent required.--An agency may not transfer any 
     occupied position from the competitive service or the 
     excepted service into schedule C of subpart C of part 213 of 
     title 5, Code of Federal Regulations, or any successor 
     regulations, without the prior consent of the Director.
       (3) Limit during presidential term.--During any 4-year 
     presidential term, an agency may not transfer from a position 
     in the competitive service to a position in the excepted 
     service the greater of the following:
       (A) A total number of employees that is more than 1 percent 
     of the total number of employees employed by that agency, as 
     of the first day of that presidential term.
       (B) 5 employees.
       (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 in which that 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 prior written consent of the employee.
       (d) Other Matters.--
       (1) Application.--Notwithstanding section 7425(b) of title 
     38, United States Code, this section shall apply to a 
     position under chapter 73 or 74 of that title.
       (2) Report.--Not later than March 15 of each calendar year, 
     the Director shall submit to Congress a report on the 
     immediately preceding calendar year that lists--
       (A) each position that, during the year covered by the 
     report, was transferred from the competitive service to the 
     excepted service and a justification as to why each such 
     position was so transferred; and
       (B) any violation of this section that occurred during the 
     year covered by the report.
       (e) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Director shall issue regulations 
     to implement this section.
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