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S 134119th CongressIn Committee

Saving the Civil Service Act

Introduced: Jan 16, 2025
Sponsor: Sen. Kaine, Tim [D-VA] (D-Virginia)
Standard Summary
Comprehensive overview in 1-2 paragraphs

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.

Impact Areas

Primary group/area affected: Federal workforce, including employees in the competitive and excepted civil service, and federal agencies’ human resources operations responsible for hiring, transfers, and position classification.Secondary group/area affected: The Office of Personnel Management (OPM), which would administer definitions, consent processes, and annual reporting; and congressional committees that would receive the annual reports.Additional impacts: Potentially slower or more deliberate use of excepted-service exemptions; greater administrative burden to document eligibility and consent; potential stabilization of the size and composition of exempted positions during presidential terms; increased legal/regulatory risk for agencies that have relied on broad excepted-service use in the past.
Generated by gpt-5-nano on Nov 18, 2025