Saving the Civil Service Act

Saving the Civil Service Act

This bill generally prohibits changes to the classification of positions in the competitive service and excepted service unless certain conditions are met. (Competitive service positions are subject to competitive examination while excepted service positions are appointed under one of five schedules. Competitive service positions have notice and appeal requirements for adverse actions that are not applicable to most excepted positions, including those of a confidential, policy-determining, policy-making, or policy-advocating character under Schedule C.)

On January 20, 2025, President Donald Trump issued an executive order establishing Schedule Policy/Career in the excepted service for positions that are of a confidential, policy-determining, policy-making, or policy-advocating character, and which are not normally subject to change as a result of a presidential transition. (The schedule was referred to as Schedule F under a similar executive order in 2020 that was later rescinded.)

The bill prohibits executive agency positions in the competitive service from being placed in the excepted service, unless such positions are placed in a schedule in the excepted service as in effect on September 30, 2020. The bill also prohibits positions in the excepted service from being placed in any schedule other than the aforementioned schedules.

Additionally, agencies may not (1) transfer occupied positions from the competitive or excepted service into Schedule C without the consent of the Office of Personnel Management, or (2) transfer employees in the excepted service to another schedule or transfer employees in the competitive service to the excepted service without employee consent.