Senate Legislation Introduced to Nullify Schedule F Executive Order

November 19, 2020 6:18 AM
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Legislation has been introduced in the Senate that would rescind the Executive Order issued last month by President Trump that potentially makes it easier to fire federal employees.

The bill was introduced by Senator Gary Peters (D-MI) (S. 4907). As written, the bill would rescind the Order and it would be retroactive to October 21, 2020, the date President Trump signed the original Executive Order.

The introduction of the bill in the Senate follows similar legislation recently introduced in the House to rescind the Executive Order.

The Schedule F Executive Order is one that has drawn a lot of attention and criticism in the federal community because of what it would mean for federal employees. It establishes a new class of federal employees known as Schedule F that would not be subject to the civil service procedures now applicable to most federal employees. These federal employees would not have access to the usual array of appeal rights as “Agencies need the flexibility to expeditiously remove poorly performing employees from these positions without facing extensive delays or litigation” as the Order states.

It is unlikely, however, that either of these bills will pass. For one thing, they would have to be signed into law by President Trump, and he is not likely to do that since he was the one who signed the Executive Order in the first place.

Additionally, the fact that it is an election year means there will be turnover in Washington in 2021. It is widely expected that a President Biden would rescind the Executive Orders that President Trump signed during his time in office. Among these were three Orders that affected federal labor relations as well as the Schedule F Executive Order.

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About the Author

Ian Smith is one of the co-founders of FedSmith.com. He enjoys writing about current topics that affect the federal workforce.

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