Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise in opposition to H.R. 4182, the Ensuring a Qualified Civil Service Act. This bill potentially weakens the Federal civil service by increasing the probationary…
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in opposition to H.R. 4182, the Ensuring a Qualified Civil Service Act. This bill potentially weakens the Federal civil service by increasing the probationary period for career civil servants and those in the Senior Executive Service from 1 year to 2 years.
I might add, almost no private sector company I know of would have a 2-year probationary period because they know it would make it hard to recruit talented employees.
Unlike what has just been said in terms of protections that remain in place, during the probationary period, Federal employees have very little due process or appeal rights if disciplinary action is taken against them, and the action we would take today would be to extend those diluted rights instead of providing them with robust rights of every civil servant beyond the probationary period. They can be fired without notice. They have limited rights to an attorney or representative, and they generally may not appeal their removal.
Due process protections are critical to ensuring the integrity of the Federal civil service. In fact, that is the very heart of having a professional civil service.
These protections help prevent the politicalization of the workforce and protect whistleblowers from retaliation, which our committee, the Oversight and Government Reform Committee, has passionately documented as a very real danger in the past.
The Ensuring a Qualified Civil Service Act is a solution in search of a problem. The Oversight and Government Reform Committee has not held one single hearing to determine whether extending the probationary period an additional year for every single Federal job in the competitive and Senior Executive Service is something that agencies need or want to help them better manage their workforce. Not a single hearing, and this would have a profound impact on every Federal agency.
In February of 2016, the Government Accountability Office issued a report which my friend from Kentucky cited at the request of the chairman of the Senate Committee on Homeland Security and Governmental Affairs. The request asked GAO to examine the rules and trends relating to the review and dismissal of employees for poor performance. Now supporters of this bill are using this report as a basis for extending the probationary periods of Federal civil service employees; however, nothing in this report calls for doing that. In fact, the title of the report is ``Improved Supervision and Better Use of Probationary Periods Are Needed to Address Substandard Employee Performance.'' The focus ought to be, the GAO says, on improving the supervision of the probationary period we have in place.
In conducting its study, GAO found that supervisors do not always have the skills necessary to do that and help address employee performance issues during the probationary period. GAO also found that supervisors sometimes do not even use the probationary period to make performance-related decisions about an employee's ability to do their job and may not always know when the probationary period even ends.
The report's recommendations were mainly focused on ensuring qualified supervisors have the training and skills they need to deal with poor performers
and making better use of the existing probation period for all new employees.
Instead of focusing on addressing the gaps identified by GAO and encouraging agencies to implement the recommendations made in that report, Congress is now attacking Federal employees and the merit-based system.
I am especially concerned about the bill's impact on recruiting the workforce of the future. Currently, 40 percent of the current Federal workforce is either eligible for retirement or soon will be--40 percent. Federal agencies need to be able to recruit their replacements and get the requisite skill sets we need for these challenging jobs, just like the private sector is challenged with that.
Extending the probationary period to 2 years, governmentwide, creates a climate of more uncertainty, less protection, and diminishes, clearly, the attraction of Federal service for many people, especially those whom we want to be attracted to the civil service, especially millennials.
Some of my colleagues have referenced the 2-year probationary period for Department of Defense civilian employees enacted in the NDAA, the National Defense Authorization Act of last fiscal year. They argue that it should serve as precedent for the rest of the Federal Government.
There are a few things I need to point out about that. First, the Department of Defense did not request an extension of the probationary period or even indicate a need for it. Second, now that the 2-year probationary period for civilian defense employees has been enacted, the Department isn't even making use of this new authority.
According to the former Acting Under Secretary of Defense for Personnel and Readiness, Peter Levine, who testified before the Senate Armed Services Committee in March of this year on civilian personnel reform, ``the Department has done little to take advantage of that legislation.''
Mr. Levine also warned that changing the law to address a small number of problem employees could hurt recruitment and retention and worker productivity. He stated: ``If legislation that is intended to address a problem with 1 percent of the workforce is perceived as threatening and hostile by the other 99 percent, it may undermine morale and reduce the Department's ability to attract and retain the capable employees that it needs. The civilian workforce will not become more productive if problems with a small number of poor performers is addressed with measures that are perceived as a declaration of war on all employees.''
In closing, 2 weeks ago, Congress passed legislation that would pave the way toward evidence-based policymaking, and we all supported that. For the sake of consistency, if nothing else, ought we not see the evidence of whether lengthening the probationary period is materially different and what impacts, both positive and negative, it would have for Federal agencies and employees?
Absent such evidence and careful study, I certainly am not willing to take the risk that this bill will not do more harm to both agencies' ability to recruit and retain qualified employees and that it would not be used to arbitrarily punish hardworking Federal employees.
However, if the GAO studies the impact of this policy at DOD and finds that this new policy has been wonderful for morale and has indeed improved employee performance and helps employee recruitment, then sign me up. But I do think we ought to rely on data and hearings before the requisite committee when making such a major change to how we manage our Federal workforce.
I plan on offering an amendment, Mr. Chairman, that would arm us with the information we need to make an evidence-based decision regarding an extension of the probationary period of the Federal workforce, which is what we ought to be doing before consideration of this bill.
Mr. Chairman, I include in the Record statements in opposition or expressing deep concern about this legislation from the American Federation of Government Employees; the International Federation of Professional & Technical Engineers; the National Treasury Employees Union; and a group of organizations, including the Government Accountability Project, the Liberty Coalition, the Project on Government Oversight, Public Citizen, and Taxpayers Protection Alliance.
American Federation of
Government Employees, AFL-CIO,
Washington, DC, November 28, 2017.
Dear Representative: On behalf of the American Federation
of Government Employees, AFL-CIO (AFGE), which represents
approximately 700,000 federal and District of Columbia
employees, in more than 70 agencies across the nation, I
strongly urge you to oppose H.R. 4182, the ``Ensuring a
Qualified Civil Service Act of 2017,'' introduced by
Representative James Comer (R-KY) when it comes to the floor
this week. If enacted, this legislation would arbitrarily
extend the probation period for a minimum of two years for
newly hired federal employees. AFGE opposes this legislation
as it does not address any issues surrounding employee
performance evaluation or management's ability to properly
evaluate employees during the probation period. Instead, all
it will do is penalize federal workers and weaken their due
process rights.
The extension of probation periods for competitive service
federal employees from one year to two years is unnecessary
and damaging to due process and the merit system. Candidates
for federal jobs are put through an extensive selection
process prior to being hired and one year is sufficient time
for a competent manager to determine if a new employee has
the ability to accomplish the duties for which he or she was
hired.
Specifically, H.R. 4182 would extend the probation period
to a minimum of two years after completion of a ``formal
training'' program or after the date on which a required
license is granted. Such a change could leave employees in
probation limbo for many years. For example, government
agencies require initial training for prolonged periods of
time that could result in employees serving three to five
year probation periods, or longer. Employees should not be
subject to an almost perpetual state of probation because of
comprehensive agency training, certification or licensing
programs.
Additionally, extending the probation period reduces the
due process rights of employees. While on probation,
employees have few civil service protections and almost no
appeal rights in the event of an adverse action. Civil
service protections and the merit system exist to protect the
government from politicization. Without these rights,
employees on probation will have little to no protection
against discrimination and employer retaliation and more
exposure to termination not based on cause, but rather
arbitrary and unjust reasons.
Extending the probation period does not solve any problems
regarding poor performance. Supervisors should be responsible
and held accountable for identifying and addressing issues of
poor performance of new employees quickly and efficiently.
Supervisors need better training to manage new employees.
Extending the probation period does nothing to better train
supervisors nor does it provide any accountability for
supervisors to effectively manage new employees.
Please Vote NO on H.R. 4182, ``Ensuring a Qualified Civil
Service Act of 2017.''
Sincerely,
Thomas S. Kahn,
Director, Legislative Affairs.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Michigan (Mrs. Lawrence).
Mr. Chairman, I yield 2 minutes to the gentlewoman from the District of Columbia (Ms. Norton), who is my dear friend.
Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr. DeSaulnier), who is a perspicacious member of the Oversight and Government Reform Committee, someone who grasps these issues fundamentally, and is my good friend.
Mr. Chairman, could I inquire of the Chair the schedule on the amendments.
I thank the Chair for that clarification.
Mr. Chairman, I yield 2 minutes to the gentleman from Maryland (Mr. Raskin), who is a professor and a very able member of the Committee on Oversight and Government Reform.
Will the gentleman yield?
Did my colleague just say there was not a single hearing on a bill that affects the entire Federal Government?
Will the gentleman yield?
Did we act on evidence-based policymaking? Were there studies and data that showed how successful extending the probationary would be for all of these Federal agencies?
Mr. Chair, I yield an additional 1 minute to the gentleman.
Mr. Chairman, I have no further speakers at this time, and I yield back the balance of my time.
Mr. Chairman, I rise in opposition to the amendment.
Mr. Chairman, as indicated, I appreciate the intent of my friend from Montana, but this is a bad bill. We ought to be studying the effect of the existing pilot program at the Department of Defense to see how it works, and we ought to be adopting the GAO recommendation of better training for supervisors whom the GAO found, frankly, were ill-equipped to evaluate employees during a 1- or 2-year probationary period.
We ought to have a hearing, and my friend from Montana might even agree with this, since he is the newest Member, one of the newest Members of our committee. Our committee is the locus for government- wide initiatives such as this.
We have not had a single hearing on this bill, or, frankly, on this subject, and I think that is a huge mistake. We are putting the cart before the horse; so I think we ought to return to a more empirical- based policymaking, especially when it is a policy that will affect every future Federal employee, and those numbers are huge, given the baby boom bulge ready to retire. That is 40 percent of the workforce, and it has to be replaced.
So while I very much appreciate the intent of my friend from Montana, it is in that context I rise in opposition.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, under H.R. 4182, the probationary period for all Federal employees is extended for an additional year, regardless of the job they are hired to do. All new employees are punished equally, and supervisors are given no new tools to improve their use of the existing probationary period.
In February 2016, as I have mentioned before, the GAO reports studying the rules and trends relating to review and dismissal of employees for poor performance, suggests that the Office of Personnel Management look into whether there are certain occupations, due to the nature or complexity of the position, in which the probationary period should be extended beyond 1 year or not.
We heard testimony before the Rules Committee from a number of colleagues who represent areas with big Federal concentration, Federal employee concentrations with specialized agencies, such as the weather service in Oklahoma and CDC in Atlanta where a 2-year probationary period may very well impede the ability to hire the skilled workers we need.
The report goes on to say that it is something that should be looked into. It does not call for a government-wide extension of the probationary period. That is why I filed this amendment to require the GAO to conduct a study on the Department of Defense and other Federal agencies that have used this tool, a 2-year probationary period.
A 2-year probationary period for civilian employees at DOD was enacted in 2016, and as the largest Federal agency, this extension would provide a good case study on the potential impacts: good, bad, and indifferent on the legislation before us. It is a study we ought to do before we adopt a bill.
Some of my colleagues believe that since extending the probationary period has been working out so well, it ought to be extended across the entire Federal Government. There are a few things I need to point out for us. This policy only affected those who were hired after November 25, 2015, the day the law went into effect.
Secondly, the former Under Secretary of Defense, as I mentioned in earlier statements, Peter Levine, testified before the Armed Services Committee that the Department has done little to take advantage of that legislation. That is his testimony. Therefore, there are only a small number of employees who have completed the 2-year probationary period, and it is too soon to declare it a success or failure.
That is why my amendment would have the GAO give us guidance. How has it worked? Has it helped? Has it hurt? Are there some things we haven't anticipated that we need to address?
The study would also look into whether extending the probationary period has any effect on the ability of an agency to recruit and retain. And, again, I pointed out 40 percent of the existing workforce is eligible for retirement now or in the next few years. That is a huge number of people. And we have got to worry about recruitment.
Gathering the data is a necessary first step, not a last step or an afterthought, before deciding to change a law with such profound impact on Federal agencies. This bill, as I said to my friend from Kentucky (Mr. Comer), may yet prove to be a good idea, but we don't know. There remain a lot of questions about the efficacy of this proposal. It is risky, and it can have terrible negative consequences that we haven't even foreseen and some of which we can predict today.
Two weeks ago, this body adopted a policy of evidence-based policymaking, so let's put it into implementation with this bill. Let's look for some evidence, empirical evidence, systematically done to justify the adoption of such a sweeping bill.
Mr. Chairman, I call for the adoption of my amendment, and I reserve the balance of my time.
Mr. Chairman, I yield 1 minute to the gentleman from Maryland (Mr. Raskin).
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I demand a recorded vote.
Mr. Speaker, I demand a recorded vote.