S. 399Senate118th Congress (2023-2025)In Committee

Saving the Civil Service Act

Sponsored by Tim KaineSen. Tim Kaine (D-VA)
Introduced February 14, 2023

AI-Generated Summary

Updated January 20, 2026 at 3:33 AM UTC

The Saving the Civil Service Act limits how federal agencies can move jobs out of the competitive service and into the excepted service. It sets rules on which positions can be excepted, caps the number of transfers during a presidential term, and requires employee and Office of Personnel Management (OPM) consent for many moves. The law also mandates annual reporting and new regulations to enforce these limits, affecting all federal agencies and their employees.

Key Provisions

  • Positions can be excepted from the competitive service only if they fall within schedules A‑E and follow the 2020 regulations.
  • Transfers within the excepted service are limited to the same schedules, and moving a position to schedule C requires prior OPM Director consent.
  • During any four‑year presidential term, an agency may transfer no more than 1% of its workforce or five employees (whichever is greater) from competitive to excepted service.
  • Both competitive‑service and excepted‑service employees must give written consent before being transferred to a different schedule or to the excepted service.
  • The OPM Director must issue implementing regulations within 90 days of enactment.
  • Each year, the Director must report to Congress on all competitive‑to‑excepted transfers, their justifications, and any violations of the Act.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

February 14, 2023

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SenateIntro Referral

Introduced in Senate

February 14, 2023

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

February 14, 2023

Floor Debate

14 members

What members said about S. 399 on the floor

1 Republican13 Democrats
Sherrod Brown
Sen. Sherrod BrownD-OH · Dec 17, 2024

Mr. President, I am here at desk 88, honored to address my family and friends and Ohioans of the Nation. I remember well my first speech 18 years ago. Illinois Senator Barack Obama was presiding over…

Tim Kaine
Sen. Tim KaineD-VA · Dec 17, 2024

Mr. President, I appreciate my colleagues Senator Warner and Senator Van Hollen. We just had a press conference where Senator Cardin and Senator Hirono also came to speak about the importance of this…

Brian Schatz
Sen. Brian SchatzD-HI · Dec 17, 2024

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, the past 4 years have been historic for the Senate Committee on Indian Affairs by almost any…

Cory A. Booker
Sen. Cory A. BookerD-NJ · Dec 17, 2024

First of all, I am going to come out to the aisle because this is ``doing the Sherrod,'' when you get far away from your desk. I literally think, if the leash were long enough, he would have opened…

Chris Van Hollen
Sen. Chris Van HollenD-MD · Dec 17, 2024

Mr. President, I want to thank my colleague from Virginia Senator Warner, who just addressed this very important issue, and my friend and colleague, the other Virginia Senator, Senator Kaine, who is…

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Tina Smith
Sen. Tina SmithD-MN · Dec 17, 2024

Mr. President, I have a little bit of a beef here with Senator Brown because right before he spoke, I admonished him to try not to choke up during his speech, and, of course, this was a fool's…

Michael F. Bennet
Sen. Michael F. BennetD-CO · Dec 17, 2024

Mr. President, I want to be brief, but I would like to briefly say something that might be an odd thing for the Senator from Colorado to say, which is how grateful I am to the people of Ohio for…

Eric Schmitt
Sen. Eric SchmittR-MO · Dec 17, 2024

Mr. President, reserving the right to object, I am heartened to hear the historical references from my friend from Virginia and my friend from Maryland, but if we go back just a little bit further,…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Dec 17, 2024

Mr. President, I am saddened by the comment from Sherrod that this is his farewell speech. As I said to several of my colleagues, we lose so many good ones here, and after we have lost them to…

Mark R. Warner
Sen. Mark R. WarnerD-VA · Dec 17, 2024

Mr. President, I rise today in support of Senator Kaine's request for unanimous consent for the Senate to pass the Saving the Civil Service Act. It is a critical bill that I hope all my colleagues…

Amy Klobuchar
Sen. Amy KlobucharD-MN · Dec 17, 2024

Mr. President, as another occupant of the back row, I just want to add my incredible thanks for not just his family but for Sherrod and what he stood for in this place. We are going to forever miss…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Dec 17, 2024

Mr. President, when I was wrestling, along with Mary, my wife, about whether to run for the Senate, I had the chance to meet the Senator from Ohio and his wife at a gathering in Massachusetts, and I…

Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Dec 17, 2024

Mr. President, I know we have a number of colleagues who want to speak. I will be very brief. I just want to start by saying how grateful we are for the service of Sherrod Brown in the U.S. Senate…

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Richard Blumenthal
Sen. Richard BlumenthalD-CT · Dec 17, 2024

Mr. President, I say to Senator Brown: I have my pin. I am taking your desk. I am going to get your office. And I wouldn't mind having your hair and your eloquence. (Laughter.) For me, Sherrod…

Bill Text

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Introduced in SenateIssued February 14, 2023

II

118th CONGRESS

1st Session

S. 399

IN THE SENATE OF THE UNITED STATES

February 14, 2023

Mr. Kaine (for himself, Mrs. Feinstein, Mr. Warner, Mr. Cardin, Mr. Van Hollen, Mr. Schatz, Mr. Markey, Ms. Duckworth, Ms. Hirono, Mr. King, Mrs. Shaheen, Mr. Casey, Mr. Durbin, Mr. Whitehouse, and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To place limitations on excepting positions from the competitive service, and for other purposes.

1.

Short title

This Act may be cited as the Saving the Civil Service Act.

2.

Limitations on excepting positions from competitive service and transferring positions

(a)

Definitions

In this section—

(1)

the term agency means any department, agency, or instrumentality of the Federal Government;

(2)

the term competitive service has the meaning given the term in section 2102 of title 5, United States Code;

(3)

the term Director means the Director of the Office of Personnel Management; and

(4)

the term excepted service has the meaning given the term in section 2103 of title 5, United States Code.

(b)

Limitations

A position in the competitive service may not be excepted from the competitive service unless that position is placed—

(1)

in any of schedules A through E, as described in section 6.2 of title 5, Code of Federal Regulations, as in effect on September 30, 2020; and

(2)

under the terms and conditions under part 6 of title 5, Code of Federal Regulations, as in effect on September 30, 2020.

(c)

Transfers

(1)

Within excepted service

A position in the excepted service may not be transferred to any schedule other than a schedule described in subsection (b)(1).

(2)

OPM consent required

An agency may not transfer any occupied position from the competitive service or the excepted service into schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulations, without the prior consent of the Director.

(3)

Limit during presidential term

During any 4-year presidential term, an agency may not transfer from a position in the competitive service to a position in the excepted service the greater of the following:

(A)

A total number of employees that is more than 1 percent of the total number of employees employed by that agency, as of the first day of that presidential term.

(B)

5 employees.

(4)

Employee consent required

Notwithstanding any other provision of this section—

(A)

an employee who occupies a position in the excepted service may not be transferred to an excepted service schedule other than the schedule in which that position is located without the prior written consent of the employee; and

(B)

an employee who occupies a position in the competitive service may not be transferred to the excepted service without the prior written consent of the employee.

(d)

Other matters

(1)

Application

Notwithstanding section 7425(b) of title 38, United States Code, this section shall apply to a position under chapter 73 or 74 of that title.

(2)

Report

Not later than March 15 of each calendar year, the Director shall submit to Congress a report on the immediately preceding calendar year that lists—

(A)

each position that, during the year covered by the report, was transferred from the competitive service to the excepted service and a justification as to why each such position was so transferred; and

(B)

any violation of this section that occurred during the year covered by the report.

(e)

Regulations

Not later than 90 days after the date of enactment of this Act, the Director shall issue regulations to implement this section.