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; excepted service positions are not subject to competitive examination and are instead subject to the specific requirements applicable to the schedule in which they are placed, which depends on the nature of the position.)

Specifically, the bill prohibits executive agency positions in the competitive service from being placed in the excepted service, unless such positions are placed 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.

On October 21, 2020, former President Donald Trump issued an executive order that placed executive agency positions that are of a confidential, policy-determining, policy-making, or policy-advocating character, and that are not normally subject to change as a result of a presidential transition, under a new schedule in the excepted service (Schedule F) instead of the competitive service. The order also required any such positions in the excepted service to be reclassified to Schedule F. The order was subsequently revoked by President Joe Biden.