The Saving the Civil Service Act establishes strict limitations on moving federal positions out of the competitive service to protect merit-based hiring and prevent the politicization of the civil service.
Timothy "Tim" Kaine
Senator
VA
The Saving the Civil Service Act protects the merit-based federal hiring system by placing strict limits on the ability of agencies to move civil service positions into the excepted service. It requires employee consent for job transfers, caps the number of positions that can be reclassified during a presidential term, and mandates annual reporting to Congress. These measures ensure that federal employment remains grounded in professional standards rather than political appointments.
New Federal Job Protections Set 1% Cap on Converting Civil Service Roles to Political Appointments
The Saving the Civil Service Act aims to lock down the non-partisan nature of the federal workforce by making it much harder to turn career government jobs into political ones. At its core, the bill prevents agencies from moving positions out of the 'competitive service'—the merit-based system where you get hired because of your resume—and into the 'excepted service,' where hiring rules are more flexible. By tethering these rules to the regulations as they existed on September 30, 2020, the bill effectively creates a time-capsule for hiring standards, preventing any future administration from creating new categories of jobs that bypass traditional civil service protections.
Locking the Personnel Vault
To keep the system stable, the bill introduces a strict quota: an agency can only move 1% of its total staff (or five people, whichever is larger) from the competitive to the excepted service during any four-year presidential term. For someone working as a mid-level analyst at the Department of Transportation or a technician at the VA, this means their job status is legally shielded from broad reclassification. Furthermore, the bill adds a 'consent' clause. Under Section 2, an agency cannot move an individual employee into a different job schedule or out of the competitive service without that person’s prior written consent. It’s a 'check-the-box' requirement that puts the power back in the hands of the worker, ensuring they aren't stripped of their civil service rights against their will.
Accountability and the Paper Trail
The bill doesn't just set rules; it mandates a paper trail to catch anyone trying to skirt them. By March 15 of every year, the Director of the Office of Personnel Management (OPM) must hand Congress a report detailing every single position moved out of the merit-based system, including a specific justification for the change. This creates a public record of how the workforce is being managed. For the average citizen, this acts like a transparency dashboard, ensuring that the people running federal programs—from food safety inspectors to Social Security administrators—are hired for their expertise rather than their political leanings. While this adds a layer of bureaucracy for agency heads who might want more 'flexibility' in hiring, it prioritizes a stable, professional workforce over administrative speed.