Sec. 3. Limitations on conversions of positions and appointments
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/bill/117/hr/326/ih/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other law, rule, or regulation, and except as provided in subsection (b)— a position in the competitive service or the Senior Executive Service may not be converted to a position in the excepted service; and 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. Notwithstanding subsection (a)— 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; 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; 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); any individual noncompetitively appointed to any position under schedule F during such period shall be transferred to schedule C in the excepted service; and 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.
Any individual described in subsection (b)(3), (b)(4), or (b)(5)— may not be converted to a position or appointment in the competitive service; may not acquire competitive status under any conversion carried out under this section; and shall not be afforded any employment protections established under section 6 of the Executive Order 13957. 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.
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; and the term schedule F means schedule F in the excepted service established under Executive Order 13957.
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Sec. 3
Limitations on conversions of positions and appointments
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