PolicyBrief
H.R. 492
119th CongressJan 16th 2025
Saving the Civil Service Act
IN COMMITTEE

The Saving the Civil Service Act protects the merit-based federal workforce by restricting the ability of agencies to reclassify competitive service positions into the excepted service.

Gerald Connolly
D

Gerald Connolly

Representative

VA-11

LEGISLATION

Saving the Civil Service Act Sets Strict Limits on Federal Job Reclassifications and Mandates Employee Consent

This bill acts as a legal firewall for the federal workforce, specifically targeting how jobs are classified and moved between different 'service' categories. It locks in the rules that were on the books on September 30, 2020, effectively preventing agencies from creating new categories of jobs that bypass traditional merit-based hiring. By restricting moves into the 'excepted service'—a category that often has fewer civil service protections—the bill ensures that the vast majority of federal roles remain tied to professional qualifications rather than political appointments.

Locking the Revolving Door

Under Section 2, the bill puts a hard cap on how many people an agency can move from the competitive service to the excepted service. During any four-year presidential term, an agency can only move 1% of its workforce or five employees, whichever is higher. This prevents a sudden, mass reclassification of career professionals into roles that could be more easily filled or vacated. For a data scientist at the Department of Transportation or a civil engineer at the Army Corps of Engineers, this means their job security is tied to their performance and the 2020 regulatory standards, not a change in administration.

Your Job, Your Choice

One of the most practical shifts in this legislation is the requirement for written employee consent. According to the bill, an agency cannot move a worker from the competitive service to the excepted service, or even between different schedules within the excepted service, unless that worker signs off on it in writing. This provision puts the power back in the hands of the individual employee. If you’re a federal worker, your boss can’t simply rebrand your role to change your legal protections or benefits without you literally giving them the green light first.

Protecting the Protectors

While many federal rules have loopholes, this bill specifically closes one for the Department of Veterans Affairs. It explicitly applies these new restrictions to VA healthcare professionals under Title 38, such as doctors and nurses. This means the medical staff treating veterans are covered by the same stability requirements as the rest of the civil service. Additionally, the bill requires the Director of the Office of Personnel Management (OPM) to personally approve any move of an occupied position into 'Schedule C'—the category reserved for policy-making and confidential roles—adding a layer of high-level oversight to prevent middle-management from making unilateral changes to the workforce structure.