S.134 - Saving the Civil Service Act (119th Congress)
Summary
The Saving the Civil Service Act (S.134) aims to limit the ability of federal agencies to move positions from the competitive service to the excepted service. It seeks to codify restrictions on these movements, requiring adherence to specific regulations and obtaining consent from both the Office of Personnel Management (OPM) and affected employees in certain cases.
The bill also mandates reporting requirements for any movement of positions from the competitive to the excepted service. This aims to increase transparency and accountability.
Ultimately, the goal is to protect the merit-based principles of the civil service and prevent political influence in hiring and personnel decisions.
Expected Effects
If enacted, S.134 would make it more difficult for agencies to reclassify civil service positions. This would likely lead to greater job security for civil servants and potentially limit the ability of future administrations to politicize the civil service.
The reporting requirements would increase oversight of personnel actions. The OPM would have a greater role in approving certain personnel changes.
This could also lead to more litigation if agencies attempt to circumvent the limitations imposed by the Act.
Potential Benefits
- Protects civil service employees from political influence and potential arbitrary reclassification.
- Promotes a merit-based system by limiting the ability to move positions outside of competitive service.
- Increases transparency through mandatory reporting requirements on position transfers.
- Requires employee consent for certain transfers, safeguarding their rights and career prospects.
- Reinforces the stability and expertise within federal agencies by reducing potential disruptions from political transitions.
Potential Disadvantages
- May reduce agency flexibility in responding to changing needs and priorities.
- Could create bureaucratic hurdles and delays in personnel management.
- Potentially limits the ability of agencies to bring in specialized expertise from outside the civil service.
- Might lead to increased litigation as agencies and employees dispute the interpretation and application of the Act.
- Could hinder efforts to reform or modernize the civil service.
Constitutional Alignment
The bill's alignment with the Constitution is primarily related to the Appointments Clause (Article II, Section 2, Clause 2), which grants the President the power to appoint officers of the United States, with the advice and consent of the Senate. While the bill doesn't directly impede the President's appointment power, it does place restrictions on the movement of existing positions within the civil service.
By limiting the ability to move positions to the excepted service, the bill could be seen as an attempt by Congress to regulate the structure and function of the executive branch. However, Congress has broad authority to legislate on matters related to the civil service, as long as it doesn't unduly infringe on the President's executive powers.
Overall, the bill appears to be a permissible exercise of congressional authority to regulate the civil service, with the aim of promoting efficiency and preventing political abuse. It does not appear to violate any specific constitutional provision.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).