Senate Parliamentarian Rules Against Including Attacks on Official Time, Civil Service, and Congressional Authority in Reconciliation Bill
The Senate Parliamentarian has ruled that several anti-federal worker and anti-government provisions in the Senate's budget reconciliation bill violate procedural rules and must be removed.
The provisions are deemed impermissible in a reconciliation bill include: Charging federal unions for employees' time spent on union representation ("official time"); surrendering Congress's authority over the organization of government agencies to the Executive Branch; the scheme requiring all newly hired federal workers to become "at-will" employees unless they pay 5% more of their salary toward their pensions (FERS).
The Parliamentarian's ruling is significant because the reconciliation bill, backed solely by Congressional Republicans, can pass with a simple majority in both chambers, bypassing the usual 60-vote filibuster threshold in the Senate. The ruling is based on the Senate's "Byrd Rule" (adopted in 1985), which requires reconciliation provisions to primarily affect the federal budget. Provisions cannot be included if their budgetary impact is merely incidental to significant non-budgetary policy changes.
Senate Democratic staff successfully argued to the Parliamentarian that the provisions advanced by Republican leadership on the Homeland Security and Governmental Affairs Committee (HSGAC) represent policy matters that belong in regular legislation, not a budget reconciliation bill.
This ruling is a clear win for federal unions and workers. While Senate Majority Leader John Thune (R) has stated he will abide by the Parliamentarian's guidance, IFPTE continues outreach efforts to ensure these harmful provisions are not reintroduced in another form.
The specific provisions ordered removed include:
Sec. 90101: Would create a new class of "at-will" federal employees without civil service protections, paying 9.4% of salary toward FERS (vs. 4.4% for current new hires). New hires could only gain civil service protections by paying an exorbitant 14.4% of salary toward FERS. This attack on the merit-based civil service would devastate federal job quality, making it impossible to recruit top talent who can earn more privately. Ultimately, it harms taxpayers and the public by undermining protections against corruption and favoritism.
Sec. 90105: Would offer federal employees bonuses of up to $10,000 for identifying "surplus salaries and expenses" or targeting colleagues and programs for cuts. This undermines collaborative workplace cultures and legitimate whistleblowing, incentivizing toxic environments where employees are rewarded for targeting coworkers instead of working with unions and management on real efficiency improvements.
Sec. 90106: Would force federal unions to pay the salary costs (and potentially other expenses) for union representatives using official time for representation, bargaining, and partnership activities. Crucially, unions would have no right to review or appeal these charges. This scheme aims to bankrupt federal unions, destroying their ability to represent workers, resolve disputes, and collaborate on productivity gains – all vital functions serving the public interest.
Sec. 90107: Would surrender Congress's constitutional authority over federal agencies to the President. This would allow the Trump Administration to unilaterally cut agency functions, staffing levels, or even eliminate departments without Congressional approval or oversight.
IFPTE thanks its members and locals who contacted Members of Congress to oppose these reconciliation provisions targeting federal employee benefits, civil service protections, union representation, and Congress's authority to prevent the unilateral dismantling of the federal government.
Read the Senate Budget Committee Democrats statement on the Parliamentarians ruling here.
Read IFPTE’s letter to Senate Democratic Leadership regarding the worst of these provisions here.