Limitation on changes to competitive service categories of positions

(a) Limitation A position in the civil service may not be shifted, realigned, or removed from a competitive service category to an excepted service category— (1) unless— (A) the employee who current fills the position agrees to such a shift; or (B) the position is vacant; or (2) until the date that is 2 years after the date on which the head of the agency employing the employee has given notice to the employee and submitted to Congress notice of such a shift, realignment, or removal. (b) Remedy A violation of subsection (a) may be appealed to the Merit Systems Protection Board in accordance with the procedures under section 7701 of title 5, United States Code, or reviewed by a court of competent jurisdiction.