Policy

Under Rick Scott bill, federal employees could be fired any time, for any reason

'The public Service Reform Act will boost accountability and responsiveness across the federal government by making all executive branch employees at-will,' Scott said.

House Freedom Caucus member Rep. Chip Roy (R-TX) talks to reporters about the federal debt limit during a news conference hosted by Sen. Rick Scott (R-FL) at the U.S. Capitol on March 22, 2023 in Washington, D.C.

House Freedom Caucus member Rep. Chip Roy (R-TX) talks to reporters about the federal debt limit during a news conference hosted by Sen. Rick Scott (R-FL) at the U.S. Capitol on March 22, 2023 in Washington, D.C. Photo by Chip Somodevilla/Getty Images

A group of 14 conservative lawmakers in both chambers of Congress have reintroduced legislation that would make the federal government an at-will employer and abolish the Merit Systems Protection Board, effectively eviscerating federal workers’ civil service protections and chilling whistleblowing.

U.S. Sen. Rick Scott, R-Fla., and U.S. Rep. Chip Roy, R-Texas, are the lead sponsors of the Public Service Reform Act (H.R. 3115), which would make career federal workers at-will employees and get rid of most of the avenues currently available to appeal adverse personnel decisions.

It also would abolish the MSPB and send most appeals directly to federal appellate courts, although it preserves a 14-day window for whistleblowers to allege retaliation before the Office of Special Counsel. 

“It’s clear that the bureaucracy of the federal government is both a waste of taxpayer dollars and inefficient,” Scott said in a statement. “Red tape and bloated federal agencies constantly slow down progress and hamper American innovation.

"It’s time to change Washington so it actually works for the American people," he added. "The public Service Reform Act will boost accountability and responsiveness across the federal government by making all executive branch employees at-will.”

“It is far past time to reinstate accountability to the people for the federal bureaucracy by requiring that like any private sector employee, federal workers can be removed from their positions,” Roy added.

“Notwithstanding the majority of federal workers who faithfully serve, especially our law enforcement personnel, we should not allow a wall of red tape to shield those engaged in noncompliance with the law and brazen political partisanship. Federal employees should keep their jobs based on merit, just like the people they serve.”

The bill also allows for federal workers to appeal adverse personnel actions they believe were discriminatory to the Equal Employment Opportunity Commission, although the legislation requires EEOC to scrap its policies relating to the federal workforce and apply private sector rules to the proceedings.

And it creates a disincentive to federal workers filing appeals of their firings through a provision that says that if a court finds a complaint to be “frivolous” or otherwise “brought in bad faith,” the employee’s defined benefit annuity is automatically reduced by 25%.

Roy previously introduced his bill last July, but with Democrats in control of the House, it languished. With a divided Congress, its chance of passage now remains low. But the bill has gained support, with the number of initial cosponsors growing from five to 14.

Between this legislation and other initiatives gaining steam within the Republican party, including a proposed revival of Schedule F, which has already been endorsed by the Heritage Foundation, former President Trump and other likely GOP presidential candidates, it is clear that efforts to upend the federal civil service have become a central plank of the party’s platform.

Related coverage – 

These plans, along with early signs of a push to declare federal employee unions unconstitutional, suggest “truly epic storm clouds” are on the horizon, according to Don Kettl, professor emeritus at the University of Maryland and former dean of its School of Public Policy.

“It’s inconceivable that a major Republican candidate would stake out a position any more favorable to federal employees,” Kettl wrote. “[Conservatives] are offering two tracks for remedies: executive action, especially through a revival of Schedule F; and judicial cases, especially through challenges to the role of public employee unions and, even more fundamentally, to the role of the merit system itself.”

A version of this story was first published by Government Executive

NEXT STORY: First case scheduled for new Miami-Dade police oversight panel

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.