Saving the Civil Service Act
Saving the Civil Service Act would significantly tighten how federal jobs can be moved into or out of the competitive and excepted service. Under the bill, a position in the competitive service can only be exempt from competition if it is placed in one of the Schedule A–E categories and governed by the terms of Part 6 of Title 5 CFR (as they existed on September 30, 2020). Conversely, transferring a position into the excepted service becomes highly restricted: such transfers require specific limits, agency and director approval, and, in many cases, employee consent. The bill also imposes annual reporting by the Director of the Office of Personnel Management (OPM) to Congress detailing transfers and any violations. Regulations to implement these provisions would be issued within 90 days of enactment. Overall, the bill aims to preserve competitive civil service protections by curbing broad or automatic use of the excepted service, increasing oversight, and requiring explicit consent and compliance with historical scheduling rules for exceptions and transfers.
Key Points
- 1Limitations on exceptions: A competitive-service position may only be exempt if it is placed in Schedule A–E (per 5 U.S.C. 2102-related schedules) and governed by Part 6 of 5 CFR as in effect on September 30, 2020.
- 2Transfers into the excepted service: An occupied position may not be transferred into a different excepted-service schedule than the one described in the allowed schedules, and OPM consent is required for transfers into Schedule C (or equivalent), with prior Director approval.
- 3Cap on transfers during a presidential term: In any 4-year presidential term, agencies may not transfer from the competitive service to the excepted service more than the greater of 1% of the agency’s total employees at term start, or 5 employees.
- 4Employee consent protections: Either an excepted-service employee or a competitive-service employee cannot be transferred without the employee’s prior written consent (except for the described allowed transfers).
- 5Reporting and implementation: The Director must report annually to Congress on transfers and violations, and regulations implementing the measure must be issued within 90 days of enactment.