H.R. 492 — Saving the Civil Service Act

This section limits the excepting of competitive service positions (i.e., executive branch civil service positions generally filled through open competitive examinations) to schedules A through E as described in 5 CFR part 6 as in effect on September 30, 2020, and only under the terms and conditions of that part as in effect on such date. It further restricts transfers of positions as follows: (1) within the excepted service (i.e., positions excluded from competitive service requirements), only to schedules A through E as described above; (2) of any occupied position to schedule C (i.e., for confidential policy-determining, policymaking, or policy-advocating positions), only with prior consent of the Office of Personnel Management (OPM) Director; (3) from the competitive service to the excepted service, to no more than 1% of an agency's total employees as of the first day of a presidential term (or five employees, whichever is greater); and (4) any such transfer of an occupied position requires the employee's prior written consent. The section applies to Department of Veterans Affairs positions under 38 U.S.C. chapters 73 and 74 notwithstanding current exceptions in 38 U.S.C. §7425(b), directs the OPM Director to issue implementing regulations, and defines key terms including "agency," "competitive service," "Director," and "excepted service."