‘Public Service Reform Act’ Would Eradicate Merit-Based Civil Service

On July 28, Rep. Chip Roy, R-TX, introduced the Public Service Reform Act, H.R. 8550. If enacted, the bill would let all federal workers be considered at-will employees. It would also undermine or eliminate a merit-based civil service. This bill, in the vein of Schedule F, is the latest attempt to reinstitute the spoils system. Furthermore, H.R. 8550 is likely to contribute to a more divisive and unstable government going forward.

The bill would abolish the Merit Systems Protection Board (MSPB), providing for only limited notification and opportunity to respond procedures, but no appeals to an independent authority. After notification and an opportunity to respond, there would be review by another agency official, but none outside the agency. Should an administration decide political allegiance was a requirement of employment, there would be little standing in its way to affect the wholesale change of personnel in the civil service.

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 the hiring of those who are found to be in political allegiance with a particular party, to avoid the abuse of power by the executive branch.

If this bill became law, the government could revert

to the old patronage system, in which millions of federal employees risk being fired based on political allegiance with the changing of each administration.

The bill would also limit whistleblower protections. It would maintain a right to appeal adverse actions taken in retaliation for a whistleblowing disclosure, but it would threaten appellants with a 25 percent loss of their retirement annuity if the claim is found to be in bad faith, potentially chilling potential court challenges of illegal actions.

In a letter sent earlier this year, NARFE National President Ken Thomas urged Congress to oppose H.R. 8550, arguing that the bill “marks a

distinct threat to the integrity of the federal civil service that every American relies on and is part of the broader campaign to return federal service to the spoils system.” He further noted that “a competitive, merit-based civil service provides continuity through changing administrations, preserves institutional knowledge and expertise within the federal government, and safeguards the rule of law.”

—HANNAH MCLAIN, GRASSROOTS AND PROGRAMS ASSISTANT