Saving the Civil Service Act
The Saving the Civil Service Act would prohibit creating Schedule F within the federal civil service and keep the existing competitive/excepted service structure aligned with rules in place as of September 30, 2020. It would require positions to be placed only in the established schedules (A–E) or under the relevant part 6 terms, effectively preventing new Schedule F appointments. The bill also tightens controls on moving positions between the competitive and excepted services, requiring approval and, in many cases, employee consent. It imposes a quarterly-term cap on transfers into the excepted service and directs the Director of the Office of Personnel Management (OPM) to issue implementing regulations. Overall, the bill aims to shield the civil service from the creation and use of an at-will or less-protected Schedule F by preserving the pre-2020 framework and enhancing protections for current employees.
Key Points
- 1Prohibition on Schedule F: No new Schedule F in the excepted service; positions must be placed in schedules A–E (per 5 CFR 6.2) or under the specified terms of part 6 as of 9/30/2020.
- 2Transfers between services: Occupied positions may not be moved into Schedule C or other non-A–E schedules without appropriate conditions and approvals; transfers are tightly limited and require consent in many cases.
- 3Consent requirements: An employee occupying an excepted-service position may not be transferred to another excepted schedule without their prior written consent, and similarly, a competitive-service employee may not be moved to the excepted service without their prior written consent.
- 4Limit on presidential-term transfers: During any four-year presidential term, an agency may transfer into the excepted service no more than 1% of its total employees as of the term’s start, or five employees, whichever is greater.
- 5Regulatory implementation and scope: The Director of OPM must issue regulations to implement the Act; the provisions apply to positions under certain chapters of Title 38 (veterans’ employment provisions), with specific clarifications about applicability.