Recently introduced legislation would prohibit the federal government from carrying out reductions in force (RIFs) during a lapse in appropriations. The Securing Assurance for Federal Employees (SAFE) Act (S. 3141) would also reverse RIF actions taken during the current government shutdown.
The legislation was introduced by Senator Mark Warner (D-VA). The bill has 9 cosponsors as of the time of this writing, all of whom are Democrats.
One of the cosponsors is Senator Chris Van Hollen (D-MD). He recently introduced the True Shutdown Fairness Act, legislation that contained a provision to bar agencies from running RIFs during the shutdown in addition to paying all federal employees, contractors, and military service members while the shutdown continues.
The Senate held another vote last week on legislation to pay federal employees. Part of the reason that Van Hollen’s bill stalled was the provision on RIFs. That has been a point of contention between Democrats and Republicans during negotiations.
A press release on the bill states, “Current law does not permit agencies to conduct RIFs during a lapse in appropriations. This bill reaffirms and makes explicit Congress’s intent that no administration may use a shutdown as a pretext to initiate layoffs. The SAFE Act makes clear that such actions have no legal force and ensures federal workers cannot be targeted for job cuts during a funding lapse.”
However, the Trump administration contends that agencies can conduct a reduction in force during a government shutdown. Just before the current shutdown began, the Office of Management and Budget directed agencies in a memo to prepare RIF plans if a shutdown ensued.
Shortly thereafter, the Office of Personnel Management (OPM) updated its guidance on shutdown furloughs to clarify that agencies are authorized to carry out RIFs and issue RIF notices even during shutdown periods, as these activities are considered excepted functions.
The matter has gone to court and an injunction is currently in place stopping the RIFs from taking place, although that could change as the case moves forward. The press release on the SAFE Act also states, “While the court has temporarily blocked these actions, the threat remains for many other federal employees serving the American public without pay during this shutdown.”
The Democrats hope to codify the ban on RIFs during a government shutdown into law.
Warner said in a statement, “Our civil servants take an oath to serve the American people, not a political party or a president. Weaponizing a shutdown to push out career professionals is not only wrong, it’s unlawful and dangerous for our democracy. This bill makes clear that no administration can use manufactured chaos as a backdoor way to purge the federal workforce.”
