2023: Fitzpatrick Voted To Require Skills-Based Assessments And Resumé
Reviews By Subject Matter Experts. In January 2023, according to
Congressional Quarterly, Fitzpatrick voted for the Chance to Compete Act
of 2023, which would "modify hiring procedures for federal civil service
positions. It would establish that, beginning two years after enactment,
examinations for applicants must include a skills-based assessment and a
resume review by a subject matter expert, and may not solely include a
self-assessment or determination of an individual's educational
attainment. It would allow agencies to seek waivers of the requirement
through the Office of Personnel Management for no more than 10 percent
of the agency's hired positions in a fiscal year. Among other
provisions, it would require OPM to review the examinations for all
positions that currently have a minimum educational requirement related
to the role's scientific, technical or professional responsibilities to
determine if the requirement is justified and, within two years of
enactment, eliminate the use of any examinations that do not meet the
bill's updated requirements. It would require OPM to create various
online tools, including to share the resumes of individuals certified to
be eligible for a specified position with other agencies; list
information on positions with a minimum educational requirement; and
publicly share information on the types of assessments used for each
civil service position. It would require OPM to regularly update
guidance for the appropriate use of hiring records systems at federal
departments and agencies." The vote was on passage. The House passed the
bill by a vote of 422 to 2, thus the bill was sent to the Senate.
[House Vote 32, 1/24/23;
Congressional Quarterly,
1/24/23; Congressional Actions,
H.R.
159]
The Bill Would Enhance Skill-Based Recruiting In Federal Hiring
Practices. According to the Federal Times, "The House passed a
bill late Tuesday bolstering the use of skills-based recruiting in
an effort to tune up federal hiring practices. The Chance to Compete
Act, introduced by Republican Rep. Virginia Foxx of North Carolina,
passed 422-2." [Federal Times,
1/25/23]
The Bill Would Target Hiring Through Subject-Matter Expert
Interviews And Skills Assessments, Which Would Lower Reliance On
Paper Credentials. According to the Federal Times, "The bipartisan
legislation attempts to make hiring more targeted through
subject-matter expert interviews and skills tests. Such tools can
reduce reliance on paper credentials and whittle down applicant
pools for hiring managers, thereby saving time and ensuring
candidates are truly a good match for the work." [Federal Times,
1/25/23]
The Bill Was Built On The Guidance From The Trump Administration's
Practices To Meet Worker Needs Through Merit-Based Methods That
Reflect Self-Education And Advancement Without A Traditional College
Degree. According to the Federal Times, "The measure builds on
guidance from the Trump administration, which prodded agencies to
consider meeting employment needs through merit-based methods that
reflect the modern job candidate who can self-educate and advance
without a traditional college degree. Between 2009 and 2020, total
undergraduate enrollment decreased by 9%, and while matriculation is
expected to increase into 2030, it will only be by about 8%, the
National Center for Education Statistics predicts." [Federal Times,
1/25/23]
The Bill Would Provide Subject Matter Experts A Role In Developing
Skills Test And Determining Passing Evaluations, And Streamline
Agency Sharing Of Tests Through An Online Platform. According to
the Federal Times, "The bill would give topic experts a role in
brainstorming skills tests and determining passing scores. The
legislation would also streamline agency sharing of assessments
through an online platform where offices can customize the tests."
[Federal Times,
1/25/23]
2022: Fitzpatrick Voted To Limit Federal Employee Reclassifications By
Prohibiting Exemption Of Competitive Service Positions From Competitive
Service Unless They Were Placed In Schedules A Through E, And
Effectively Prohibit The Reinstatement Of The Trump Administration's
"Schedule F." In September 2022, according to Congressional Quarterly,
Fitzpatrick voted for the Preventing a Patronage System Act of 2021,
which would "limit federal employee reclassifications by specifying that
competitive service positions may not be excepted from the competitive
service unless they are placed in one of five existing schedules of
excepted positions, Schedules A through E, as in effect on Sept. 30,
2020. It would prohibit the creation of new excepted service schedules
not in effect by that date, effectively prohibiting the reinstatement of
'Schedule F,' which was created in October 2020 but never implemented
and would include policy-related positions that are not normally subject
to change due to presidential transition." The vote was on passage. The
House passed the bill by a vote of 225-204. The Senate did not take
substantive action on the bill. [House Vote 432,
9/15/22; Congressional
Quarterly, 9/15/22;
Congressional Actions, H.R.
302]
The Bill Would Have Essentially Banned The Reinstatement Of
Schedule F, Which Was Never Implemented And Would Have Included
Policy-Related Positions That Were Not Subject To Change Due To
Presidential Transition. According to Congressional Quarterly, "It
would prohibit the creation of new excepted service schedules not in
effect by that date, effectively prohibiting the reinstatement of
'Schedule F,' which was created in October 2020 but never
implemented and would include policy-related positions that are not
normally subject to change due to presidential transition."
[Congressional Quarterly,
9/15/22]
The Bill Would Have Prevented Future Presidents From Stripping
Federal Workers Of Their Civil Service Protections, Which President
Trump Sought To Do. According to Government Executive, "The House
on Thursday voted 225-204 to pass legislation barring future
presidents from unilaterally stripping federal workers of their
civil service protections as former President Trump tried to do with
his abortive establishment of Schedule F. Six Republican members
voted in favor of the bill." [Government Executive,
9/15/22]
October 2020: President Trump Signed An Executive Order That
Established Schedule F Within The Federal Government's Excepted
Service And Directed Federal Agencies To Transfer Federal Employees
In Policy Positions Into New Categories, Effectively Removing Their
Civil Service Protections And Making Them At-Will Workers.
According to Government Executive, "In October 2020, Trump signed an
executive order establishing Schedule F, a new classification within
the federal government's excepted service, and instructed federal
agencies to identify and transfer career federal workers in
policy-related positions into the new job category, stripping them
of their civil service protections and making them effectively
at-will employees. But the administration was ultimately unable to
implement the edict before Trump left office, and President Biden
quickly rescinded the measure." [Government Executive,
9/15/22]
The Bill Prevented Presidents From Re-Implementing Schedule F Or
Any Other Excepted Schedule Category Of Workers Without
Congressional Approval. According to Government Executive, "The
Preventing a Patronage System Act (H.R. 302), introduced by Rep.
Gerry Connolly, D-Va., blocks the president from reimplementing
Schedule F, or any other new excepted schedule category of workers,
without advanced congressional approval." [Government Executive,
9/15/22]
Conservative Activities And Ex-Trump Staffers Expressed Plans To
Revive Schedule F Under The Next Republican Administration.
According to Government Executive, "The renewed focus on the issue
by congressional Democrats comes after reports that conservative
activists and ex-Trump administration staffers have plans to
immediately revive Schedule F under the next Republican president
and have already identified 50,000 employees to threaten with
termination. Trump, who is mulling another run at the White House,
also explicitly endorsed the idea during a political rally last
month." [Government Executive,
9/15/22]
The Bill Received Support From The National Active And Retired
Federal Employees Association, The American Federation Of Government
Employees, The National Treasury Employees Union, The Senior
Executives Association, And Professional Managers Association.
According to Government Executive, "The bill has the support of
dozens of good government organizations and federal employee groups,
including the National Active and Retired Federal Employees
Association, the American Federation of Government Employees, the
National Treasury Employees Union, the Senior Executives
Association, Professional Managers Association, among others."
[Government Executive,
9/15/22]
2023: Fitzpatrick Voted Against Requiring Federal Agencies To
Re-Implement Their Pre-COVID-19 Telework Policies And Against
Prohibiting Federal Agencies From Increasing Remote Work Unless Agencies
Argue That Expanded Virtual Work Would Help Performance Or Substantially
Lower Costs. In February 2023, according to Congressional Quarterly,
Fitzpatrick voted against the Stopping Home Office Work's Unproductive
Problems (SHOW UP) Act, which would "require federal agencies, within 30
days of enactment, to reinstate their telework policies and practices
that were in place on Dec. 31, 2019. It would prohibit agencies from
increasing telework unless they submit a plan to Congress, certified by
the Office of Personnel Management, stating that the expansion will have
a "substantial positive effect" on agency performance or substantially
lower costs. It would also require each agency to submit to Congress,
within six months of enactment, a study on how expanded telework during
the pandemic impacted the agency and its mission." The vote was on
passage. The House passed the bill by a vote of 221 to 206, thus the
bill was sent to the Senate. [House Vote 103,
2/1/23; Congressional
Quarterly, 2/1/23;
Congressional Actions, H.R.
139]
2023: Fitzpatrick Effectively Voted For The Stopping Home Office
Work's Unproductive Problems Act, Which Would Restrict Remote Work For
Federal Workers. In January 2023, according to Congressional
Quarterly, Fitzpatrick voted for the "adoption of the rule (H Res 75)
that would provide for floor consideration of [...] the Stopping Home
Office Work's Unproductive Problems (SHOW UP) Act (HR 139)." The vote
was on the adoption of the rule. The House adopted the rule by a vote of
216 to 208. [House Vote 96,
1/31/23; Congressional
Quarterly, 1/31/23;
Congressional Actions, H.R.
139;
Congressional Actions, H.Res.
75]
2023: Fitzpatrick Effectively Voted For The Stopping Home Office
Work's Unproductive Problems Act, Which Would Restrict Remote Work For
Federal Workers. In January 2023, according to Congressional
Quarterly, Fitzpatrick voted for the "motion to order the previous
question (thus ending debate and possibility of amendment) on the rule
(H Res 75) that would provide for floor consideration of [...] the
Stopping Home Office Work's Unproductive Problems (SHOW UP) Act (HR
139)." The vote was on a motion to order the previous question. The
House agreed to the motion by a vote of 218 to 209. [House Vote 95,
1/31/23; Congressional
Quarterly, 1/31/23;
Congressional Actions, H.R.
139;
Congressional Actions, H.Res.
75]
2022: Fitzpatrick Voted To Expand Whistleblower Protections For
Federal Workers By Prohibiting Retaliation Against Whistleblowers And
Protecting The Identity Of The Whistleblower. In September 2022,
according to Congressional Quarterly, Fitzpatrick voted for the
Whistleblower Protection Improvement Act of 2021, which would "expand
whistleblower protections for federal employees. The bill would
elaborate on federal employees' right to petition or furnish
information to Congress and prohibit other federal employees from
interfering with, denying or retaliating against the exercise of this
right. It would prohibit retaliation against employees who disclose
violations of law to their supervisors and expand the list of prohibited
retaliatory personnel actions to include investigations or adverse
actions related to an employee's security clearance or other access. It
would prohibit the disclosure of the identity of an actual or suspected
whistleblower and allow individuals to seek corrective action from the
Merit Systems Protection Board with respect to violations of the
prohibition. It would specify that the MSPB may stay personnel actions
if there is a 'substantial likelihood' that whistleblowing activity was
a contributing factor and allow applicants to appeal a decision to deny
a stay within seven days of the denial. It would allow individuals
seeking corrective action from the MSPB with respect to whistleblower
retaliation to bring a case in federal district court if the board does
not reach a decision within 180 days. If an employee prevails in such
cases, it would require the agency responsible to pay the employee's
attorney fees. Among other provisions, the bill would allow the Office
of Special Council to refer matters related to misconduct within an
inspector general office to the Council of the Inspectors General on
Integrity and Efficiency; require each federal inspector general to
establish a mechanism to receive anonymous whistleblower information
that does not include the use of computer or telephone systems; and
expand whistleblower protections to Public Health Service and National
Oceanic and Atmospheric Administration officers." The vote was on
passage. The House passed the bill by a vote of 221-203. The Senate did
not take substantive action on the bill. [House Vote 437,
9/15/22; Congressional
Quarterly, 9/15/22;
Congressional Actions, H.R.
2988]