H.R. 492 explained · 119th Congress · Pending in Congress
Saving the Civil Service Act
Cosponsors: 112 (108 D, 4 R) · per Congress.gov, 2026-10-10
Introduced: 2025-01-16
Latest action (2025-09-16): ASSUMING FIRST SPONSORSHIP - Mr. Walkinshaw asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 492, a bill originally introduced by Representative Connolly, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
What H.R. 492 does, in plain terms
Saving the Civil Service Act This bill generally prohibits changes to the classification of positions in the competitive service and excepted service unless certain conditions are met. (Competitive service positions are subject to competitive examination while excepted service positions are appointed under one of five schedules. Competitive service positions have notice and appeal requirements for adverse actions that are not applicable to most excepted positions, including those of a confidential, policy-determining, policy-making, or policy-advocating character under Schedule C.) On October 21, 2020, President Donald Trump issued an executive order that placed executive agency positions that are of a confidential, policy-determining, policy-making, or policy-advocating character, and that are not normally subject to change as a result of a presidential transition, under a new Schedule F in the excepted service. The order was subsequently revoked by President Joe Biden. The bill prohibits executive agency positions in the competitive service from being placed in the excepted service, unless such positions are placed in a schedule in the excepted service as in effect on September 30, 2020. The bill also prohibits positions in the excepted service from being placed in any schedule other than the aforementioned schedules. Additionally, agencies may not (1) transfer occupied positions from the competitive or excepted service into Schedule C without the consent of the Office of Personnel Management, or (2) transfer employees in the excepted service to another schedule or transfer employees in the competitive service to the excepted service without employee consent.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-13
SI-generated grade · five published checks · not individually reviewed by a person · methodology
The Saving the Civil Service Act is a valid exercise of Congress's enumerated power to regulate the federal civil service under Article I, Section 8, Clause 18 (the Necessary and Proper Clause) and Article II, Section 2, Clause 2 (the Appointments Clause). It does not infringe on any constitutional rights, respects individual sovereignty by requiring employee consent for certain transfers, and does not consolidate power upward beyond the federal level—it actually preserves the existing federal structure and prevents unilateral executive reclassification. The bill does not implicate due process or takings concerns.
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✓ Passes · Enumerated powers
Congress has broad authority over the structure and classification of the federal civil service under Article I, Section 8, Clause 18, which grants Congress the power to make all laws necessary and proper for carrying into execution its enumerated powers and all other powers vested in the federal government. Additionally, Article II, Section 2, Clause 2 gives Congress the power to vest the appoint… -
✓ Passes · Bill of Rights
The bill does not implicate any of the first ten amendments. It does not restrict speech, religion, assembly, press, or petition (First Amendment); it does not affect the right to keep and bear arms (Second Amendment); it does not involve quartering of soldiers (Third Amendment); it does not authorize searches or seizures (Fourth Amendment); it does not compel self-incrimination or deprive anyone … -
✓ Passes · Individual sovereignty
The bill actually enhances individual sovereignty by requiring the consent of employees before they can be transferred from the competitive service to the excepted service or from one excepted service schedule to another. This protects employees from unilateral changes to their employment status that could affect their due process rights and job protections. The bill does not restrict any personal… -
✓ Passes · Decentralization
This bill concerns the federal civil service, which is inherently a federal matter. The four-question test is not applicable in the same way as for state or local actions, but applying it: (1) An individual cannot handle the classification of federal positions—this is a government function; (2) A local community cannot handle federal civil service rules—this is a national concern; (3) A state cann… -
✓ Passes · Due process and takings
The bill does not deprive any person of life, liberty, or property without due process of law. It does not take private property for public use without just compensation. The bill actually protects due process by preventing the reclassification of competitive service positions to the excepted service, which would strip employees of notice and appeal rights for adverse actions. By requiring employe…
Sources: Congress.gov: HR 492 summary
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