Saving the Civil Service Act
- Bill Number
- H.R. 492
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-09-16: ASSUMING FIRST SPONSORSHIP - Mr. Walkinshaw asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 492, a bill originally introduced by Representative Connolly, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
- Last Updated
- 2026-07-08T20:06:15Z
AI-Generated Summary
Purpose
The "Saving the Civil Service Act" (H.R. 492) aims to protect the stability and merit-based structure of the U.S. federal civil service by prohibiting the creation of a new category called Schedule F in the excepted service. Schedule F was a proposed classification that would have allowed easier removal of certain career federal employees. The bill seeks to prevent broad reclassifications of positions that could undermine the competitive hiring and job protections established under existing civil service laws.
Key Provisions
- Restrictions on Excepted Positions: Positions in the competitive service (a category of federal jobs filled through open, merit-based competitions and exams) cannot be moved to the excepted service (jobs outside competitive hiring, often for policy or specialized roles) unless placed in Schedules A through E, as defined in federal regulations effective September 30, 2020. These schedules cover specific roles like those requiring unique expertise or temporary assignments.
- Limits on Transfers Within Excepted Service: Positions already in the excepted service cannot be shifted to any schedule other than A through E.
- Transfers to Schedule C: Agencies cannot move occupied positions from competitive or other excepted categories to Schedule C (a subcategory for confidential policy roles close to political appointees) without prior approval from the Director of the Office of Personnel Management (OPM).
- Annual Transfer Limits: During a four-year presidential term, an agency cannot transfer more than 1% of its total employees (or at least five employees, whichever is greater) from competitive service to excepted service.
- Employee Consent Requirement: Employees must provide written consent before their positions can be transferred—either within excepted service schedules or from competitive to excepted service.
- Application to Veterans Affairs (VA): The rules apply to certain VA positions related to personnel management, overriding a prior exemption.
- Implementation: The OPM Director must issue regulations to enforce these rules. The bill defines key terms, such as "agency" (any federal department or instrumentality), "competitive service," and "excepted service," based on existing U.S. Code.
Significant Changes to Existing Law
- This bill codifies and expands protections against reclassifying civil service positions, directly blocking the 2020 executive order that created Schedule F (which was later revoked but could be revived). It freezes excepted service categories to pre-2020 rules, limiting executive branch flexibility to alter job classifications without congressional or OPM oversight.
- It introduces new caps on transfers and mandatory employee consent, which were not previously required in federal personnel law (Title 5 of the U.S. Code). This shifts some control from agency heads to OPM and individual employees.
Potential Impacts
- On Government Agencies: Agencies will face stricter limits on reorganizing staff, potentially slowing efforts to align workforce with policy priorities but ensuring more predictable operations. This could increase administrative burdens due to OPM reviews and consent processes.
- On Citizens: Federal employees gain stronger job security, reducing the risk of politically motivated firings. The public may benefit from a more stable, expert-driven bureaucracy, though it could limit rapid changes in government responsiveness to new administrations.
- On International Relations: Minimal direct impact, as the bill focuses on domestic personnel rules; however, a more insulated civil service could support consistent U.S. policy execution in foreign affairs without frequent disruptions.
Main Stakeholders Affected
- Federal Employees: Career civil servants in competitive and excepted services, who benefit from enhanced protections against involuntary reclassification or transfers.
- Federal Agencies: Department heads and managers, who may find it harder to adjust staffing without OPM approval or employee consent.
- Office of Personnel Management (OPM): Gains authority to oversee and regulate transfers, acting as a check on agency actions.
- Congress and the Executive Branch: Lawmakers (especially those introducing the bill) seek to assert legislative control over civil service rules, while presidents and administrations may view it as a constraint on executive hiring and firing powers.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces the merit system principles in Title 5 of the U.S. Code, potentially reducing litigation over arbitrary personnel changes by providing clear statutory limits. It may require courts to interpret OPM regulations in disputes over transfers.
- Constitutional: Balances executive authority (Article II) to manage the federal workforce with congressional oversight (Article I) of civil service laws, upholding the Pendleton Act's legacy of non-partisan government service without directly challenging separation of powers.
- Political: Could spark debates over bureaucracy efficiency versus independence, especially in election years; it signals bipartisan concern (from bill sponsors across parties) about politicizing the civil service, but might face opposition from those favoring executive flexibility for policy implementation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Connolly, Gerald E. [D-VA-11]
Cosponsors (108)
Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Mfume, Kweisi [D-MD-7], Rep. Bacon, Don [R-NE-2], Rep. Beyer, Donald S. [D-VA-8], Rep. Vindman, Eugene [D-VA-7], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Sorensen, Eric [D-IL-17], Rep. Elfreth, Sarah [D-MD-3], Rep. Brownley, Julia [D-CA-26], Rep. Raskin, Jamie [D-MD-8], Rep. DeGette, Diana [D-CO-1], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Brown, Shontel M. [D-OH-11], Rep. McClellan, Jennifer L. [D-VA-4], Rep. Subramanyam, Suhas [D-VA-10], Rep. Costa, Jim [D-CA-21], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Larson, John B. [D-CT-1], Rep. Lynch, Stephen F. [D-MA-8], Rep. Cleaver, Emanuel [D-MO-5], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Hoyer, Steny H. [D-MD-5], Rep. DelBene, Suzan K. [D-WA-1], Rep. Case, Ed [D-HI-1], Rep. Budzinski, Nikki [D-IL-13], Rep. Lieu, Ted [D-CA-36], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Courtney, Joe [D-CT-2], Rep. Ivey, Glenn [D-MD-4], Rep. Tlaib, Rashida [D-MI-12], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Morelle, Joseph D. [D-NY-25], Rep. Moulton, Seth [D-MA-6], Rep. Williams, Nikema [D-GA-5], Rep. McBath, Lucy [D-GA-6], Rep. Pocan, Mark [D-WI-2], Rep. Bonamici, Suzanne [D-OR-1], Rep. Turner, Sylvester [D-TX-18], Rep. McGovern, James P. [D-MA-2], Rep. McCollum, Betty [D-MN-4], Rep. Carson, André [D-IN-7], Rep. Olszewski, Johnny [D-MD-2], Rep. Quigley, Mike [D-IL-5], Rep. Norcross, Donald [D-NJ-1], Rep. Goldman, Daniel S. [D-NY-10], Rep. Tonko, Paul [D-NY-20], Rep. Ross, Deborah K. [D-NC-2], Rep. Leger Fernandez, Teresa [D-NM-3], Rep. Hoyle, Val T. [D-OR-4], Rep. Levin, Mike [D-CA-49] and 58 more
Recent Actions
- 2025-09-16: ASSUMING FIRST SPONSORSHIP - Mr. Walkinshaw asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 492, a bill originally introduced by Representative Connolly, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
- 2025-01-16: Referred to the House Committee on Oversight and Government Reform.
- 2025-01-16: Introduced in House
- 2025-01-16: Introduced in House
Bill Versions
- Saving the Civil Service Act — issued 2025-01-16 — PDF (4 pages)