Saving the Civil Service Act
- Sponsor
- Rep. Connolly, Gerald E. [D-VA-11]
- Committees
- Oversight and Government Reform Committee (primary)
- Last action
- Sep 16, 2025
Bottom line
The bill seeks to safeguard the non-partisan federal civil service by preventing the creation of new excepted service categories and restricting the reclassification of career positions.
What it actually does
This bill prohibits the establishment of any new excepted service schedules beyond the existing Schedules A through E as they existed on September 30, 2020, specifically targeting the potential re-creation of a 'Schedule F.' It also imposes strict limitations on transferring positions between competitive and excepted services, requiring OPM consent for Schedule C transfers, capping agency-wide transfers, and mandating employee consent for any such reclassifications. The bill aims to protect the merit-based federal civil service from political interference.
Proponents argue
Proponents argue that the bill is crucial for protecting the integrity, expertise, and independence of the federal civil service. They contend that preventing the establishment of new excepted service schedules, like the proposed 'Schedule F,' ensures that federal employees are hired and retained based on merit and qualifications rather than political loyalty, thereby preserving institutional knowledge and preventing politicization of government functions.
Opponents contend
Opponents might argue that the bill unduly restricts a president's ability to manage the federal workforce and implement their policy agenda. They may contend that greater flexibility in personnel management, including the ability to reclassify positions, is necessary to remove underperforming employees, improve government efficiency, and ensure that the bureaucracy is responsive to the priorities of elected officials.
The bill is very short and clearly written, making it highly accessible for a reader to understand its core provisions and implications within a short timeframe.
Section 2(a)
Prohibiting New Excepted Service Schedules
This provision prevents any federal agency from creating new categories of excepted service positions beyond the existing Schedules A through E, as they were defined on September 30, 2020. It specifically aims to block the re-establishment of a 'Schedule F' or any similar new schedule that would allow for easier removal of federal employees from competitive service protections, thereby preserving the established structure of the civil service.
Supporters argue
Supporters argue this provision is essential to protect the merit-based civil service from political interference, ensuring that federal employees are hired and retained based on qualifications and performance, not political loyalty. This maintains the expertise and non-partisanship of government functions.
Critics contend
Critics may contend that this limits a president's legitimate authority to manage the federal workforce and align the bureaucracy with their policy agenda. They might argue that the ability to create new personnel categories could be necessary for efficiency or responsiveness.
Tradeoffs
This provision navigates the tension between presidential control over the executive branch and the need to maintain a stable, non-partisan, and merit-based civil service.
Section 2(b)(1)
Limiting Transfers Within Excepted Service
This clause ensures that positions already within the excepted service cannot be moved into any newly created or different excepted service schedule that falls outside the established A-E categories. This reinforces the primary prohibition against new schedules by preventing agencies from circumventing the rule through internal reclassifications of existing excepted service roles.
Section 2(b)(2)
OPM Approval for Schedule C Transfers
This provision mandates that any federal agency must obtain prior consent from the Director of the Office of Personnel Management (OPM) before transferring any occupied position from either the competitive service or the excepted service into Schedule C. Schedule C positions are typically policy-determining, confidential, or politically appointed roles, and this requirement adds a layer of central oversight to such reclassifications.
Section 2(b)(3)
Cap on Competitive to Excepted Service Transfers
This clause imposes a numerical limit on the total number of employees an agency can transfer from the competitive service into the excepted service during any four-year presidential term. The cap is set at either one percent of the agency's total employees as of the first day of that term, or five employees, whichever amount is greater. This significantly restricts the ability of an administration to reclassify large numbers of career positions.
Section 2(b)(4)
Employee Consent for Service Transfers
This provision requires the prior written consent of an employee before their position can be transferred to a different excepted service schedule (if already in excepted service) or from the competitive service to the excepted service. This grants individual employees significant agency over their employment status and the protections associated with it.
Section 2(c)(1)
Applicability to Department of Veterans Affairs Positions
This clause specifies that the limitations outlined in Section 2 (regarding excepting positions and transfers) will apply to positions under chapter 73 or 74 of title 38, United States Code. These chapters pertain to certain personnel within the Department of Veterans Affairs (VA), particularly healthcare professionals. This is significant because section 7425(b) of title 38 typically grants the VA Secretary broad authority to establish personnel systems, often exempting them from title 5 provisions, but this bill overrides that exemption for these specific purposes.
The bill defines the specific regulatory framework for excepted service schedules (Schedules A through E) as they existed on September 30, 2020, as the only permissible framework for excepting positions from the competitive service. This effectively 'freezes' the definition of these schedules to a pre-Executive Order 13957 state.
Section 2(a)(1) and (2)
Why it matters:This is standard legislative practice to reference existing law or regulations. The specific date is crucial to prevent future changes to those regulations from undermining the bill's intent, making it a precise legal anchor rather than an evasive tactic.
Case for: Supporters argue that anchoring the definition to a specific historical date provides a clear, unambiguous baseline for civil service protections, preventing future administrations from unilaterally altering the definition of excepted service schedules to circumvent the bill's purpose.
Case against: Critics might contend that locking in a specific regulatory snapshot could be overly rigid, potentially hindering future, legitimate reforms to federal personnel management that might require adjustments to these schedules.
Estimated impact: This foundational definition prevents the creation of any new excepted service schedules, such as a 'Schedule F,' which could otherwise impact thousands of federal positions by altering their employment protections.