Saving the Civil Service Act: New Limits on Shifting Federal Jobs Out of Competitive Service

The Saving the Civil Service Act is all about keeping the federal workforce stable and merit-based. It puts new restrictions on how agencies can move positions from the 'competitive service' (where hiring is generally based on open competition) to the 'excepted service' (where hiring rules are more flexible). The main goal? To prevent potential political maneuvering and ensure qualified people are getting these jobs.

Protecting the Merit System

This bill directly tackles the issue of agencies potentially shifting jobs out of the competitive service to avoid the usual hiring rules. It says that a position can only be moved out of the competitive service if it meets specific criteria laid out in existing regulations (Schedules A through E as defined on September 30, 2020, to be precise - SEC. 2). This is like saying, "You can't just change the rules of the game whenever you want."

Real-World Rollout

So, how might this play out? Imagine a skilled IT specialist working for a federal agency, hired through the competitive service process. Under this law, their position can't just be arbitrarily moved to a different category with less stringent hiring requirements. The agency would need a really good, pre-approved reason (according to those schedules mentioned before) to even consider it.

It also means that agencies must get approval from the Director of the Office of Personnel Management (OPM) before moving any filled position into Schedule C, which often involves policy-related roles (SEC 2). And there's a cap: during a President's four-year term, an agency can only move 1% or 5 employees (whichever is more) from competitive to excepted service (SEC 2). That's a pretty small number, designed to prevent any large-scale reshuffling. Plus, and this is key, employees have to agree in writing to any such transfer (SEC 2).

Keeping Things Transparent

The bill also mandates annual reports to Congress, listing all positions moved from competitive to excepted service, along with justifications and, importantly, any violations of these new rules (SEC. 2). This is a big transparency move, making it harder for agencies to quietly shift positions without oversight. The Director of OPM has to issue regulations to put all this into practice within 90 days of the Act becoming law (SEC. 2).

Potential Challenges

While the bill aims for stability, there are always potential loopholes. Agencies could try to get creative with job classifications or create entirely new excepted service positions. Also, the 1% or 5-employee limit might be less restrictive for very large agencies. It's also possible that the definitions of "competitive service" and "excepted service" could be debated or reinterpreted down the line.

The Big Picture

This section of the Saving the Civil Service Act is about reinforcing the idea of a merit-based civil service. It's about making sure that people are hired for federal jobs based on their skills and qualifications, not political connections. By limiting agency flexibility and increasing transparency, the bill aims to create a more stable and accountable federal workforce. It fits in with existing laws by clarifying how certain positions under Title 38 (related to Veterans Affairs) are treated, overriding a specific section to ensure consistency (SEC. 2).