November 13, 2023

Van Hollen Joins Kaine, Connolly, Colleagues in Urging Protections for Merit-Based Federal Workforce System

U.S. Senator Chris Van Hollen (D-Md.) joined Senator Tim Kaine (D-Va.) and U.S. Representative Gerry Connolly (D-VA-11) and their colleagues in sending a letter to Office of Personnel Management (OPM) Director Kiran Ahuja in support of a proposed rule that would protect the merit-based federal workforce system and safeguard federal employees from losing due process rights. OPM announced the proposed rule in September and is now accepting public comments on it. The public comment period closes on November 17, and then OPM will issue a final rule.  

“We fully support OPM’s proposed regulation as it would clarify and reinforce statutory protections for career civil servants and advance the importance of nonpartisan public service,” wrote the lawmakers. “These efforts to strengthen civil service protections underpin a well-functioning merit system, which is critical to preserving our democracy.”

“Roughly 2.2 million federal employees work tirelessly to serve the American people. From protecting national security and administering Social Security and veterans benefits to researching terminal diseases and ensuring food and water safety, federal employees uphold essential programs and ensure the American public can access vital resources,” the lawmakers continued. “This proposed rulemaking is an important first step to protect civil servants from the threat of politically motivated removal and ensure the civil service continues to rely on merits and expertise to deliver for the American people.”

“It is vital to the mission of every federal agency that the career employees who execute daily operations be impartial and objective in their work without fear of politically motivated retaliation,” the lawmakers concluded. “As Members of Congress, we understand the critical role of our civil servants and strongly support OPM’s efforts to uphold our country’s competitive civil service.”

In addition to Senator Van Hollen, the letter led by Senator Kaine and Representative Connolly was also signed by U.S. Senators Mark R. Warner (D-Va.), Dick Durbin (D-Ill.), Brian Schatz (D-Hawaii), Richard Blumenthal (D-Conn.), Ben Cardin (D-Md.), and U.S. Representatives Don Beyer (D-VA-8), Abigail Spanberger (D-VA-7), Jennifer Wexton (D-VA-10), Eleanor Holmes Norton (D-DC-At-Large), André Carson (D-IN-7), Jamie Raskin (D-MD-8), John Sarbanes (D-MD-3), Kweisi Mfume (D-MD-7), and David Trone (D-MD-6).

Full text of the letter is available here and below.

Dear Director Ahuja:

We write to applaud the Office of Personnel Management’s (OPM)’s Proposed Rule - Upholding Civil Service Protections and Merit System Principles [OPM-2023-0013]. We fully support OPM’s proposed regulation as it would clarify and reinforce statutory protections for career civil servants and advance the importance of nonpartisan public service. These are critical regulatory updates that would continue the efforts of the Pendleton Act of 1883 and the Civil Service Reform Act of 1978. We also remain committed to codifying civil service protections into law with our legislation, the Saving the Civil Service Act. These efforts to strengthen civil service protections underpin a well-functioning merit system, which is critical to preserving our democracy.

Roughly 2.2 million federal employees work tirelessly to serve the American people. From protecting national security and administering Social Security and veterans benefits to researching terminal diseases and ensuring food and water safety, federal employees uphold essential programs and ensure the American public can access vital resources. This proposed rulemaking is an important first step to protect civil servants from the threat of politically motivated removal and ensure the civil service continues to rely on merits and expertise to deliver for the American people.

In October 2020, the Trump Administration issued Executive Order 13957 to establish a new employment category for federal employees in the excepted government service known as Schedule F.  This plan allowed the former President to move as many as 50,000 career employees into a new “at-will” status of employment, stripping them of civil service protections and making it easier to hire and fire them based on political loyalty. While it is a relief that the Biden Administration swiftly revoked this proposal, we remain deeply concerned about former President Trump’s stated plan to reinstitute Schedule F if elected.   Reinstating a Schedule F or similar policy will jeopardize the livelihoods of tens of thousands of hard-working, career civil servants nationwide and upend civil service precedent.

Furthermore, the impacts of a Schedule F policy would not only harm federal employees but also countless communities, small businesses, and families across America. The federal government’s ability to provide quality public services depends on a dedicated federal workforce invested in the best outcomes for the American people – not personal political gain. As the proposed rule highlights, career civil servants possess valuable institutional experience, niche technical knowledge and subject matter expertise that political appointees often lack. It is vital to the mission of every federal agency that the career employees who execute daily operations be impartial and objective in their work without fear of politically motivated retaliation.

As Members of Congress, we understand the critical role of our civil servants and strongly support OPM’s efforts to uphold our country’s competitive civil service. Thank you for the opportunity to offer comments on this proposed rulemaking, and we look forward to working with you and your agency to swiftly implement these important protections.

Sincerely,