Mr. Speaker, I thank my good friend, the chairwoman of the full committee, for yielding. I have to say, when he cites that our Founders never envisioned a large government, that is true--there were 13 colonies that became 13 States. I will…
Mr. Speaker, I thank my good friend, the chairwoman of the full committee, for yielding.
I have to say, when he cites that our Founders never envisioned a large government, that is true--there were 13 colonies that became 13 States.
I will remind my friend from Kentucky, neither did they ever envision the State of Kentucky. As a matter of fact, what is now Kentucky was claimed and owned by my home State, Virginia. So there are a lot of things that weren't envisioned back in the 1780s that we have to deal with in the 21st century. That is what we are doing here today.
Mr. Speaker, I thank you for the opportunity to discuss and advocate for the Preventing Patronage System Act, H.R. 302.
Our Federal workforce--the crown jewel of our Federal Government, especially during a pandemic--is comprised of roughly 2 million Federal employees hired on the basis of their acumen, their skill, and their dedication. They work each day for the American people--serving in myriad capacities to improve the Nation and America's posture abroad.
These impartial civil servants deliver mail; provide medical care to veterans; help families in the wake of hurricanes and deadly fires; design websites that facilitate access to lifesaving payments like Social Security, unemployment insurance, and tax returns; and they build telescopes that make us rethink what is possible and what kind of universe there is to be explored.
This bill, H.R. 302, would ensure that Congress controls when and how to change the very nature of our invaluable civil service. It simply returns power to the legislative branch.
The Preventing Patronage System Act would protect merit-system principles in our civil service by limiting Federal employee reclassifications to the five excepted service schedules in use prior to fiscal year 2021. It doesn't preclude a President from requesting authorization from Congress to create a new one, but it requires it. It restores the balance.
Since the creation of the civil service in 1883, administrations have established an excepted service schedule only five times. These excepted service categories are created for positions that require unique hiring or operating rules, such as positions of a short-term political nature or positions in remote areas, or in instances in which there is a critical hiring need.
On October 21, 2020, then-President Trump signed Executive Order No. 13957 unilaterally attempting to create a new one, schedule F, in the excepted service. This executive order, according to a coalition of good government groups--I have got 34 of them endorsing this bill-- could expose Federal employees to politically partisan motivated hiring and firing.
As drafted by that former President, schedule F would require agency heads to reclassify policy-determining, policymaking, or policy- advocating positions to a newly created schedule F. This action removes the due process rights and civil service protections of employees moved into that schedule.
Despite President Biden's rescinding of the schedule F, Axios recently reported that former President Trump continues to develop a unilateral plan to seize the reins of Federal Government and reclassify up to 50,000 Federal civil servants, who are now part of the civil service, and they would lose their protection and their merit-based promotion.
Blind loyalty and ideological purity tests should never determine who we trust with securing our Nation's borders, fortifying Federal IT systems, caring for seniors and veterans, fighting public health threats, or responding to natural disasters.
As one former Federal human resource expert said: Do we really think a government of political hacks and sycophants is in the best interests of the American people? Do we think making government more partisan will make it more trusted by the people?
The non-partisan Partnership for Public Service stated: ``Endangering the skilled employees at the core of our
government . . . would harm the delivery of crucial services to the American people.''
Schedule F is a national security issue--and an issue that affects delivery of essential services and resources to every family and every business in this country.
H.R. 302 reinforces the legislative prerogative. It requires any attempt to create a new excepted service to have explicit congressional authorization.
It is bipartisan and it has 16 cosponsors, including three of my friends on the other side of the aisle.
Changing the nature and operations of the civil service is rare, important, and should require express congressional participation through legislation.
Mr. Speaker, President Trump's schedule F would send our Nation back to 1881 when President Garfield was shot by a man who believed the support of the President should have earned him a political partisan position in the Federal Government. Congress passed the Pendleton Act in 1883, 2 years later, to a move away from that patronage system, and it has been in place ever since.
As President Theodore Roosevelt said, ``The worst enemies of the Republic are the demagogue and corruptionist. The spoils-monger and spoils-seeker invariably breed the bribe-taker and the bribes-giver, the embezzler of public funds and the corrupter of voters.'' A good Republican President.
Acumen, not political fealty, must define our civil service.
Mr. Speaker, I have so many groups that have endorsed this bill and many, many Members that have, as well.
Mr. Speaker, I include in the Record a list of organizations that endorse H.R. 302.
House of Representatives,
Committee on Oversight and Reform,
Washington, DC, September 14, 2022.
Ms. Cheryl L. Johnson,
Clerk of the U.S. House of Representatives,
Washington, DC.
Dear Ms. Johnson: Below is a list of organizations that
have endorsed H.R. 302:
1. American Federation of Government Employees (AFGE).
2. National Treasury Employees Union (NTEU).
3. The Partnership for Public Service.
4. National Federation of Federal Employees (NFFE).
5. International Federal of Professional and Technical
Engineers (IFPTE).
6. National Weather Service Employees Organization (NWSEO).
7. Patent Office Professional Association (POPA).
8. United Power Trades Organization (UPTO).
9. Citizens for Responsibility and Ethics in Washington
(CREW).
10. International Marine Mammal Project of Earth Island
Institute.
11. Civil Leadership Education and Research Initiative.
12. Project Blueprint.
13. American Society for Public Administration (ASPA).
14. National Association of Retired and Federal Employees
(NARFE).
15. Professional Managers Association.
16. Public Citizen.
17. Federal Law Enforcement Officers Association (FLEOA).
18. International Association of Fire Fighters (IAFF).
19. International Association of Machinists and Aerospace
Workers (IAMAW).
20. National Association of Government Employees (NAGE).
21. Service Employees International Union (SEIU).
22. Professional Aviation Safety Specialists.
23. American Federation of State, County, and Municipal
Employees.
24. American Foreign Service Association.
25. FAA Managers Association.
26. Laborers' International Union of North America.
27. National Air Traffic Controllers Association.
28. National Association of U.S. Attorneys.
29. National Association of Federal Veterinarians.
30. National Council of Social Security Management
Associations.
31. National Postal Mail Handlers Union (NPMHU).
32. National Weather Service Employees Organization.
33. Patent Office Professional Association.
34. Federal Managers Association (FMA).
Sincerely,
Gerald E. Connolly,
Chairman, Subcommittee on Government Operations, House
Committee on Oversight and Reform.
Mr. Speaker, I include in the Record two articles: an editorial in the Washington Post endorsing this bill and delineating the issue, and an article in Newsweek doing the same.
[From the Washington Post, Aug. 29, 2022]
Opinion: Congress Must Prevent Another Trumpian Attempt To Purge the
Government
(By the Editorial Board)
It might sound like an innocuous change to the structure of
the federal workforce: creating a category of employee, known
as ``Schedule F,'' for positions related to ``policy-
determining, policy-making, or policy-advocating.'' Yet, this
change threatens to politicize the underappreciated ranks of
those who keep the country's government running--the nation's
professional civil service.
President Donald Trump created the Schedule F designation
by executive order near the end of his term, just ahead of
the 2020 election. The order would have removed long-held
protections from tens of thousands of career bureaucrats,
making them easier to dismiss. That would give the president
vast powers to reshape the federal government at will--and
could politicize positions long treated as nonpartisan and
merit-based.
The Trump administration attempted unsuccessfully to rush
through the change before the end of its term, and, upon
taking office, President Biden immediately rescinded the
order. But, according to a troubling recent report from
Axios's Jonathan Swan, Mr. Trump and his associates plan to
quickly reinstate Schedule F if he is elected in 2024, using
it to fire career employees and replace them with loyalists.
Other potential GOP presidential hopefuls have also indicated
they would consider targeting the federal workforce.
The federal bureaucracy is a behemoth that includes
approximately 2 million employees in myriad roles, working to
keep the government operating. In 2020, the Trump
administration justified its Schedule F executive order by
suggesting that it would make it easier for supervisors to
remove poor performers. No doubt there are ways to reform
evaluation and dismissal processes so they are more nimble
and responsive.
But much of our government's expertise rests with civil
servants. A system that sees more people enter and leave
federal agencies with the political churn would be less
knowledgeable and efficient. It would also eliminate one of
the major appeals of federal jobs: the understanding that
there will be some measure of stability even when there are
changes in administrations. If potential employees feel like
they could be fired with little cause or recourse, fewer
capable people will seek out these positions. That would only
harm the wide range of government services on which Americans
rely.
Democrats have introduced legislation that would forestall
such a possibility. The Preventing a Patronage System Act,
sponsored by Rep. Gerald E. Connolly (D-Va.), would block
positions from being classified outside the existing system
unless Congress consents to it. Mr. Connolly subsequently
sponsored this as an amendment to the National Defense
Authorization Act, and it passed the House last month. Six
Democratic senators, led by Sen. Tim Kaine (Va.), have
introduced companion legislation that would do the same
thing. These measures would uphold protections for federal
workers and reduce opportunities for patronage-based hiring
in the future.
Populist politicians point to the ``deep state'' as the
root of America's ills. In fact, what they cast as a threat--
a professional, merit-based, experienced civil service--is
one of the country's greatest assets.
Mr. Speaker, I thank my friend, the chairwoman of the committee, for yielding.
I must say, the innuendos, the negative characterization, the smears, if not slanders, launched against Federal employees in general on the floor today would come as news, unwelcome news, to the almost quarter of a million Federal employees in Kentucky, Georgia, and Texas. Almost 10 percent of the entire Federal workforce live in those three States.
The amendment just offered is a direct assault on our Federal workforce and would completely gut the bill in front of us. It grew from the Trump administration's efforts to turn our expert civil service into a collection of cronies. This amendment invites the crony clown car into the Federal Government.
My concern is not hypothetical. In September of 2019, then-President Trump circled areas of Alabama with a Sharpie that he claimed were dangerously in the path of a hurricane, Hurricane Dorian. That prognostication was contrary to what expert civil servants, not swamp creatures, at the National Oceanic and Atmospheric Administration found. Luckily, the civil servants in NOAA's Birmingham, Alabama, office tweeted out Mr. Trump's error.
While ``#Sharpiegate'' made a funny hashtag on Twitter, the aftermath could have been catastrophic and cost lives.
What if FEMA deployed in the wrong region? What if millions of taxpayer dollars had been wasted, sending Federal help where it was not needed? What if families in the storm's path were left stranded because our Federal workforce kowtowed to the permanent marker whims of the then-President.
I am not the only one sounding this alarm. Thirty-four professional associations, good government organizations, think tanks, and nonprofits, have endorsed this bill.
From the International Federation of Professional and Technical Engineers, hardly a politicized group:
The impact of schedule F and any similar effort to inject
political patronage, cronyism, and corruption into the
Federal Government would not only be felt by Federal
employees; it would harm working people, our economy, the
public interest, and the legitimacy of our democracy.
From the National Association of United States Attorneys:
If a President can unilaterally reclassify employees and
strip them of their protections, there is no longer a
safeguard against political interference. This is not the
system of justice our Nation should support.
From the National Federation of Federal Employees:
Political operatives or ordinary criminals will be able to
threaten the careers of Federal workers with impunity,
jeopardizing the collective mission of the United States.
This includes employees in Federal law enforcement, national
security, and national defense, among others.
Hardly swamp creatures.
From the Nonpartisan Partnership for Public Service:
Endangering the skilled employees at the core of our
government would not only further erode the critically low
levels of trust
in government but would harm the delivery of crucial services
to the American people, especially in a pandemic.