November 18, 2020

Warner, Kaine & Colleagues Introduce Bill to Block Trump Order Stripping Federal Employees of Critical Protections

WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner, Tim Kaine, and Gary Peters, introduced legislation that would block the implementation of an October 21 Executive Order by President Trump that would make it easier for the Administration to fire non-partisan civil servants with policy expertise. 

“We cannot allow the President to deny federal employees crucial workplace protections,” said Senators Warner and Kaine. “Our federal workforce has been under unprecedented attacks by this administration, and this harmful decision only benefits the President’s loyalists instead of serving the interests of the American people.”

On October 21, President Trump signed an executive order that would allow agency heads to convert certain policy-centric positions to a new classification, Schedule F, where there is greater flexibility to fire those employees. Office of Personnel Management (OPM) Acting Director Michael Rigas issued preliminary guidance on October 23 that suggests a broad interpretation of the types of positions that would be eligible for conversion. This has created concern that the Administration could fire civil servants and create uncertainty in federal agencies that are critical to protecting the nation’s national security and addressing the ongoing pandemic. OPM has still not answered basic questions regarding the development, implementation, and potential consequences of this hastily issued executive order. 

The legislation is also cosponsored by Senators Ben Cardin (D-MD), Richard Blumenthal (D-CT), Chris Van Hollen (D-MD), Sherrod Brown (D-OH), Chris Coons (D-DE), Jack Reed (D-RI), Ed Markey (D-MA), Brian Schatz (D-HI), Tammy Baldwin (D-WI), Kirsten Gillibrand (D-NY), Tammy Duckworth (D-IL), Amy Klobuchar (D-MN), Sheldon Whitehouse (D-RI), Patty Murray (D-WA), Tina Smith (D-MN), Tom Carper (D-DE), Elizabeth Warren (D-MA), Michael Bennet (D-CO), Bernie Sanders (I-VT), Bob Casey (D-PA), Bob Menendez (D-NJ), Doug Jones (D-AL), Mazie Hirono (D-HI), Dick Durbin (D-IL), Ron Wyden (D-OR), Cory Booker (D-NJ), Dianne Feinstein (D-CA), Kyrsten Simena (D-AZ), Jeff Merkley (D-OR), Jeanne Shaheen (D-NH), Jacky Rosen (D-NV), Tom Udall (D-NM), Martin Heinrich (D-NM), Jon Tester (D-MT), Maggie Hassan (D-NH), and Chris Murphy (D-CT).

Senators Warner and Kaine have been fierce advocates for Virginia’s federal employees. In February, the Senators sent a letter to President Trump urging him to reverse his decision that would negatively impact the collective bargaining rights of Department of Defense (DOD) employees. In March, the Senators also became cosponsors of the Protecting Collective Bargaining and Official Time for Federal Workers Act, a bill that would rescind four executive actions that restrict the effectiveness of unions for federal workers. During the longest government shutdown in U.S. history, the Senators took a series of actions to protect affected workers, including guaranteeing back pay for federal employees, urging back pay for contractors, introducing budget amendments to protect federal workers, and urging OPM to prevent the termination of dental and vision insurance for federal employees.

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