Sec. 3402. Limitations on excepting positions from competitive service and transferring positions
349 words·~2 min read·
/bill/119/s/2838/is/section-3402·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A position in the competitive service may not be excepted from the competitive service unless that position is placed— 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 under the terms and conditions under part 6 of title 5, Code of Federal Regulations, as in effect on September 30, 2020. A position in the excepted service may not be transferred to any schedule other than a schedule described in subsection (a)(1).
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. During any 4-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 1 percent of the total number of employees at that agency, as of the first day of that term, or 5 employees, whichever is greater.
Notwithstanding any other provision of this section— 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 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. Notwithstanding section 7425(b) of title 38, United States Code, this section shall apply to positions under chapters 73 and 74 of that title.
The Director shall issue regulations to implement this section. In this section— the term agency means any department, agency, or instrumentality of the Federal Government; the term competitive service has the meaning given that term in section 2102 of title 5, United States Code; the term Director means the Director of the Office of Personnel Management; and the term excepted service has the meaning given that term in section 2103 of title 5, United States Code.