Overview
Title
To place limitations on excepting positions from the competitive service, and for other purposes.
ELI5 AI
The bill aims to make sure that most new government jobs go through a regular hiring process, so everyone gets a fair chance to apply, and it wants any changes to how jobs are classified to be carefully checked and approved.
Summary AI
S. 134, titled the "Saving the Civil Service Act," seeks to impose restrictions on the ability to classify federal government jobs under the "excepted service" category, which bypasses the usual competitive hiring process. The bill mandates that transfers of positions between the competitive service and excepted service should primarily adhere to specific schedules and require approval from the Office of Personnel Management (OPM). Additionally, it limits how many positions an agency can move during a presidential term and emphasizes the need for employee consent when reclassifying jobs. The legislation also requires the OPM Director to report annually on such transfers and any related violations.
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AnalysisAI
Summary of the Bill
The proposed legislation, titled the "Saving the Civil Service Act," seeks to introduce restrictions on the movement of positions within the federal government's job classification system. It focuses on limiting how positions can be moved between the competitive service, which is a merit-based employment system, and the excepted service, which allows for more discretion in hiring due to the specialized nature of some roles. The bill mandates prior approval from the Office of Personnel Management (OPM) for certain position transfers and imposes restrictions on the number of positions that can be transferred between these services during a presidential term. Additionally, the bill requires annual reporting on these transfers.
Significant Issues
One significant issue with the bill is its broad definition of an 'agency,' which might unintentionally encompass entities not intended to be covered, leading to potential legal challenges. Furthermore, the prohibition on transferring positions unless they fit specific schedules may limit the flexibility needed by federal agencies to address evolving operational demands.
The limitation on transferring more than 1% of employees during a presidential term could disproportionately affect smaller agencies, potentially complicating their operations. The requirement for obtaining employee consent before transferring their position could hinder necessary organizational restructuring, especially in emergencies where swift action might be required. Lastly, the mandated annual report from the OPM could be seen as an administrative burden, raising questions about its necessity and utility.
Public Impact
Broadly, this bill aims to ensure stability within the federal workforce by preventing excessive manipulation of government job classifications, ostensibly preserving merit-based employment practices. This can reassure citizens concerned about political influences affecting federal employment. However, the potential limitations on flexibility might hinder government agencies' abilities to efficiently adapt to new challenges, which could indirectly impact the public when it comes to the implementation and efficiency of federal programs.
Impact on Stakeholders
For federal employees, the bill provides additional job security, reassuring them that significant changes to their job classification won't occur without oversight or consent. This could improve morale and reduce anxiety over involuntary job changes that could lead to job insecurity or loss of benefits.
Federal agencies, however, might face challenges as the bill could restrict their ability to manage organizational changes effectively. Agencies, especially smaller ones, may struggle with the imposed caps on transferring positions, which could impede strategic or urgent reorganization.
For policymakers and the Office of Personnel Management, the bill imposes new administrative responsibilities. Specifically, the OPM's annual report requirement could add to its workload, potentially without clear benefits if the data reported does not translate into actionable policy improvements.
In conclusion, while the "Saving the Civil Service Act" aims to uphold the integrity of the federal employment system, it must balance this goal with the practical needs of federal agencies to maintain adaptable and responsive operations. This balancing act will be crucial to evaluate as the legislative process unfolds.
Issues
The definition of 'agency' in Section 2(a)(1) is broad and might unintentionally include entities not intended by the section, leading to an overextension of the bill's scope and potential legal challenges.
The prohibition in Section 2(b) on excepting positions from the competitive service unless placed in specific schedules might hinder the flexibility of federal agencies to adapt to changing operational needs.
The limitation in Section 2(c)(3) on transferring more than 1% of employees during a presidential term might disproportionately impact smaller agencies, potentially causing operational difficulties.
The requirement in Section 2(c)(4) for employee written consent before transferring positions could impede necessary organizational restructuring, particularly in urgent situations where consent may not be practical.
The mandate in Section 2(d)(2) for the Director to submit an annual report to Congress on transfers and violations may be perceived as an administrative burden, raising questions about the necessity and utility of this requirement.
The 90-day timeframe in Section 2(e) for the Director to issue regulations might be too short, potentially resulting in rushed or incomplete regulations that could affect the effective implementation of the bill.
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 first section of the bill states that it can be 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
In this section, the bill limits how government job positions can be moved between the competitive and excepted services. An agency must get permission from the Office of Personnel Management for certain transfers and cannot move more than 1% of its employees, or five employees, from the competitive service to the excepted service during a presidential term without employee consent. Additionally, a yearly report to Congress is required to outline any such transfers and rule violations.