GOP civil service overhaul effort violates reconciliation rules
An attempt from Republicans to remove civil service protections for newly hired federal employees now faces a higher obstacle under GOP reconciliation bill.
The Senate parliamentarian on Sunday marked several provisions of the Homeland Security and Governmental Affairs Committee’s portion of the “One Big, Beautiful Bill” as violations of reconciliation rules. One of those provisions sought to make all new federal employees choose between becoming an at-will employee and taking on a 5% increase in their contribution rate to the Federal Employees Retirement System (FERS), or keeping their civil service protections but taking on a 10% increase to their retirement contributions.
Several other measures affecting the federal workforce that GOP lawmakers put forth were also deemed violations of the Senate’s rules. A proposal to charge federal unions for any hours or resources spent on “official time,” as well as a proposal to charge federal employees a $ 350 fee to file an appeal with the Merit Systems Protection Board, have both been struck down by the Senate parliamentarian.
Another HSGAC provision to give the Office of Management and Budget $ 100 million to oversee and implement the Trump administration’s reorganization plans, without congressional approval, was also flagged as a violation of the Byrd Rule.
Elizabeth MacDonough, who has held the Senate parliamentarian role since 2012, ruled that the Senate committee’s provisions violate a portion of the Byrd Rule, which states that budgetary effects cannot be “merely incidental” to any non-budgetary or policy changes included in the reconciliation process.
The Senate parliamentarian’s rulings are only advisory, but it’s very rare for them to be disregarded. If Republicans choose to ignore the parliamentarian’s rulings on reconciliation provisions, Democrats would be able to raise a “point of order” the challenge the decision — a motion that would require 60 votes to waive.
Federal unions and employee organizations have criticized Republicans’ attempts to make changes to the civil service through the reconciliation process. The National Federation of Federal Employees said it was “grateful” to see the handful of provisions the Senate parliamentarian named as violations.
“These corruption-friendly provisions were a blatant attempt to politicize the civil service, weaken unions and expand unchecked presidential power,” NFFE National President Randy Erwin said Monday.
At the same time, some of the Senate committee’s provisions remain on the table. Bill language from HSGAC that would create new auditing requirements in the Federal Employees Health Benefits (FEHB) program is still included. The provision would require agencies to vet new family members who enroll in the FEHB program. The Government Accountability Office estimates that the Office of Personnel Management spends up to $ 1 billion per year on ineligible individuals who are incorrectly enrolled in the government’s health insurance program.
Additionally, a proposal to add a 10% fee to federal union paycheck deductions can still be kept in the GOP legislation, according to the Senate parliamentarian’s rulings. The fee would apply to other expenses as well, such as charitable donations federal employees make through the Combined Federal Campaign.
Republican leaders are aiming for a July 4 deadline to bring the reconciliation bill across the finish line. Any differences between the Senate and House versions of the legislation would have to be settled before the bill can be finalized.
The National Active and Retired Federal Employees Association’s Staff Vice President of Policy and Programs, John Hatton, said he was unsurprised that Republicans’ proposal to strip civil service protections for new feds was found to be a violation the Byrd Rule.
“When you’re creating a choice between at-will employment or a penalty, that is more about a policy change than it is about saving money on the budget,” Hatton said. “But I think we still need to pay attention to provisions in the actual bill language. It’s most likely that these provisions are out and that they stay out. But it’s possible that something else replaces them, and that’s still a concern that we’ll be looking out for.”
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