House Democrats Press Trump Administration on Workforce Executive Order

DeFazio
Rep. Peter DeFazio (J. Scott Applewhite/Associated Press)

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President Donald Trump has created a new federal employment category that makes permanent jobs that were initially political appointments, formalizing a practice that presidential administrations have employed for years. However, congressional Democrats are expressing concern over the move.

Trump in an Oct. 21 executive order created a job category called Schedule F, which issued guidelines for the installment of political appointees into career policy-centric positions within the government. The order is meant to formalize aspects of a practice known colloquially as burrowing, which previous administrations have employed.

According to the order, “The federal government benefits from career professionals in positions that are not normally subject to change as a result of a presidential transition but who discharge significant duties and exercise significant discretion in formulating and implementing executive branch policy and programs under the laws of the United States. Given the importance of the functions they discharge, employees in such positions must display appropriate temperament, acumen, impartiality and sound judgment. Due to these requirements, agencies should have a greater degree of appointment flexibility with respect to these employees than is afforded by the existing competitive service process.”



However, Rep. Peter DeFazio (D-Ore.), chairman of the Transportation and Infrastructure Committee, and Democratic leaders of the chamber’s other policy panels, are requesting information about the president’s order. In a Nov. 25 letter to more than five dozen agencies, they wrote, “The creation of this [Schedule F] would be a dramatic change in the composition of the civil service and expose it to undue political influence and intimidation. It is critical that Congress receive timely information about any potential and actual conversions made pursuant to this executive order.”

Letter by Transport Topics on Scribd

The letter continued, “We are seeking a full accounting of political appointees who have already been hired into career positions or are being considered for such conversions. The merit system principles of the federal workforce put in place guardrails to ensure that competitive service requirements are not bypassed to inappropriately place political appointees in permanent career service positions.” They asked for the information from the Trump administration by Dec. 9.

Joining DeFazio in the request were Reps. Carolyn Maloney of New York, chairwoman of the Oversight and Reform Committee; Maxine Waters of California, chairwoman of the Financial Services Committee; Raul Grijalva of Arizona, chairman of the Natural Resources Committee; Nita Lowey of New York, chairwoman of the Appropriations Committee; and Bennie Thompson of Mississippi, chairman of the Homeland Security Committee.

“Protecting the nonpartisan expertise of the career civil service is essential to the safety and security of the American people,” they wrote.

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Top House Democrats also called on the Trump White House to comply with federal record-keeping laws in accordance with the Presidential Records Act, the Federal Records Act and similar regulations. To ensure proper record-keeping, they ask for the preservation and archiving of documents, electronic messages and metadata regarding the Trump administration’s handling of business affairs.

DeFazio and his colleagues wrote to White House Counsel Pat Cipollone on Nov. 10, “As the Trump administration prepares for the transition of power to the new Biden administration, we write to remind you that all Executive Office of the President employees and officials must comply with record preservation obligations set forth in federal law and preserve information relevant to congressional oversight.”

They added, “Over the last four years, the administration obstructed numerous congressional investigations by refusing to provide responsive information.”

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