2 minute read
NARFE Advocacy Defends Merit-Based System
NARFE NewsLine – A weekly newsletter that goes out to NARFE members on Tuesdays and includes weekly recaps of legislative news, compiled by NARFE’s advocacy and communications teams. LEGISLATIVE ACTION CENTER – A one-stop site to send a letter to Congress, and more, at www.narfe.org.
Lawmakers and think tanks have elevated the push to revive the previous administration’s “Schedule F” executive order 13957, either via legislation or through plans to bring it back in a future administration. The Schedule F executive order created a new, expansive excepted service category without the traditional merit-based civil service rules and due process protections. Interpreted broadly, the exception could apply to tens or even hundreds of thousands of federal positions. Implementing that order would threaten the existence of the merit-based, nonpartisan federal civil service — the government’s standard since the late 1800s.
Recently, members of Congress have taken several NARFE-supported actions in opposition to “Schedule F.” Sen. Tim Kaine, D-VA, joined by several colleagues and with NARFE’s endorsement, introduced on August 2 the Preventing a Patronage System Act, a bill that would prevent future administrations from creating new excepted service schedules to bypass traditional merit-system rules, unless Congress changed laws to allow it. The Senate Financial Services and General Governance also released a draft version of its annual appropriations bill that contains similar provisions to block the return of Schedule F. NARFE will continue to push for passage of the bill provisions as a standalone or part of a larger package.
The House version of the bill, H.R. 302, was approved by the House Oversight and Reform Committee in May 2021.
The provisions of the bill have also passed the full House of Representatives, twice, as part of larger bills: first, as section 2301 of the Protecting Our Democracy Act, H.R. 5314, on December 9, 2021; and second, as section 5705 of the National Defense Authorization Act (NDAA) for Fiscal Year 2023, H.R. 7900, on July 14, 2022.
In addition to the “Schedule F” push, Rep. Chip Roy, R-TX, on on July 28 introduced the Public Service Reform Act, H.R. 8550. If enacted, the bill would allow all federal workers to be considered at-will employees, eliminating the entire framework of merit-based civil service rules, creating a more divisive and unstable government going forward.
Under current federal law, federal employees are hired based on their qualifications for the job – their knowledge and competency. This system was formed in response to the incompetence and corruption of the spoils system of the late 1800s. The current system prevents hiring based on political allegiance to avoid the abuse of power by the executive branch and ensure competent employees. If the government reverts to the old system, millions of federal employees risk being fired based on political allegiance with the changing of each administration.
In a letter to Congress, NARFE National President Ken Thomas voiced his concern over the bill, arguing it “undercuts the public’s faith in its government” and that the system in place “preserves expertise with the federal government and safeguards the rule of law.” NARFE will continue to fight for the meritbased civil service system that has served the country well for nearly 150 years.
—BY JOHN ROBERT AYERS, POLICY AND PROGRAM ASSISTANT
