S.Amdt. 5886

SA 5886. Mrs. FEINSTEIN (for herself, Mr. Kaine, Mr. Van Hollen, Mr. Warner, Mr. Padilla, Mr. King, Ms. Warren, Mr. Schatz, and Ms. Duckworth) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 EXCEPTION OF COMPETITIVE SERVICE POSITIONS.

(a) In General.--Notwithstanding section 3302 of title 5, United States Code, no position in the competitive service (as defined in section 2102 of that title) may 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.

(b) Subsequent Transfers.--Notwithstanding section 3302 of title 5, United States Code, no position in the excepted service (as defined in section 2103 of that title) may be placed in any schedule other than a schedule described in subsection (a)(1).