S. 134 — Saving the Civil Service Act

This section establishes limitations on excepting positions from the competitive service—which includes most executive branch civil service positions filled through open competition (i.e., merit-based examinations)—and on transferring positions between the competitive and excepted services—which includes positions excepted from such competition (e.g., certain policy and confidential roles). Specifically, the section (1) prohibits excepting any competitive service position except by placing it in schedules A through E of 5 C.F.R. part 6, as in effect on September 30, 2020, under the terms of that part as of such date; (2) bars transfers of excepted service positions to any schedule other than those; (3) requires prior Office of Personnel Management (OPM) Director consent for agency transfers of occupied positions to Schedule C (i.e., confidential policy-determining roles); (4) caps agency transfers from competitive service to excepted service, during any four-year presidential term, at the greater of 1% of the agency's total employees on the term's first day or five employees; and (5) requires prior written employee consent for transfers within excepted service schedules or from competitive service to excepted service. The section applies to certain Department of Veterans Affairs positions notwithstanding current law (38 U.S.C. §7425(b)); directs the OPM Director to issue implementing regulations within 90 days of enactment; and requires the Director to submit to Congress by March 15 of each year a report on the prior calendar year's competitive-to-excepted transfers (with justifications) and any section violations.