Overview
Title
To prohibit the establishment of schedule F of the excepted service, and for other purposes.
ELI5 AI
H.R. 492 is like a rule that keeps some special government jobs from being easily changed or moved, making sure they stay important and fair. It's a way to make sure that people who work for the government have certain protections and things don't get mixed up or confusing.
Summary AI
H.R. 492 aims to prevent the creation of a "schedule F" category within the federal government's employment system, ensuring that certain federal jobs remain part of the competitive service. The bill also establishes strict rules for transferring positions between different employment categories, including requiring prior consent from both the Office of Personnel Management and the employees involved. It provides definitions for related terms and mandates that the Director of the Office of Personnel Management issue regulations to implement these changes effectively. Overall, the bill focuses on protecting the integrity and stability of the civil service system.
Published
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AnalysisAI
General Summary of the Bill
The bill titled "Saving the Civil Service Act" proposes measures to manage how federal government positions are classified and transferred between different services. Its main goal is to prohibit the establishment of Schedule F within the excepted service, a category that could potentially increase the number of positions exempt from competitive hiring processes. The bill aims to establish firm rules about transferring positions between the competitive service and the excepted service, requiring consent from either employees or the Office of Personnel Management (OPM).
Summary of Significant Issues
Several issues arise from the bill's provisions, primarily revolving around the complexity and potential administrative burdens introduced by the new regulations. The requirement for employee consent before transferring positions could create logistical challenges. Similarly, necessitating OPM consent for some transfers might delay HR processes and slow down operations. Additionally, there is concern over the ambiguity in how agencies calculate permissible transfers during a presidential term, especially with dynamic workforce numbers. Furthermore, the bill lacks specific timelines for implementing the required regulations, which could delay its effective application.
Impact on the Public
Broadly speaking, the bill seeks to maintain the integrity and fairness of the civil service system by ensuring that most governmental positions remain within the competitive service. This could reinforce public confidence in the non-partisan nature of federal employment, as positions would continue to be filled based on merit rather than political considerations. The potential administrative delays, however, might lead to slower governmental responses in departments where personnel changes are necessary.
Impact on Specific Stakeholders
Federal Employees: The requirement for employees' written consent before transferring between services empowers them and ensures that their positions are not reclassified without their agreement. This could lead to greater job satisfaction and stability among federal workers.
Federal Agencies: Agencies may experience increased administrative burdens due to the need for consent and careful tracking of personnel changes in accordance with the bill's stipulations. Such processes might also lead to inefficiencies and reduced agility in staffing.
OPM and HR Departments: With the OPM playing a pivotal role in approving certain position transfers, the agency could face significant pressure and workload increases. Delays in processing consents could affect operational efficiency.
Lawmakers and Policy Implementers: The bill's reliance on specific codes and regulations might cause interpretative challenges, requiring lawmakers to provide clear guidelines and educational resources to ensure proper understanding and implementation of its measures.
The "Saving the Civil Service Act" ultimately aims to protect the integrity of the federal workforce, but it necessitates careful consideration of its potential logistical implications and the need for clear, efficient regulations to avoid unintended administrative hurdles.
Issues
The limitations on excepting positions from the competitive service as stated in Section 2 could create confusion among stakeholders not familiar with the schedules and parts of title 5, Code of Federal Regulations, potentially affecting the interpretation and implementation of the bill.
The provision in Section 2 requiring written consent from employees prior to transferring their positions could pose significant administrative burdens and lead to management challenges, especially in large agencies.
Section 2's ambiguity in calculating 'one percent of the total number of employees' for transfers during a presidential term could complicate compliance and lead to inconsistent application across agencies, particularly those with varying workforce sizes.
Requiring the Director of the Office of Personnel Management's consent for certain transfers, as outlined in Section 2, may slow down human resources operations and create bottlenecks, affecting timely personnel changes.
Lack of specific timelines for the Director to issue regulations for implementing Section 2 may result in delays and uncertainty in the application and enforcement of the bill.
The reference to specific codes and regulations without clear explanation or accessible language in Section 2 might cause confusion among readers, particularly those not well-versed in federal personnel policies and procedures.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The opening section of the bill states that it can be officially referred to as the “Saving the Civil Service Act.”
2. Limitations on excepting positions from competitive service and transferring positions Read Opens in new tab
Summary AI
Positions in the competitive service cannot be reclassified to the excepted service unless specific conditions are met, such as fitting into particular schedules and obtaining consent from the Office of Personnel Management (OPM) Director. Additionally, employees must agree in writing to be transferred between these services, and there are restrictions on the number of such transfers an agency can make during a presidential term.