[Congressional Record (Bound Edition), Volume 148 (2002), Part 8]
[Senate]
[Page 10799]
[From the U.S. Government Publishing Office, www.gpo.gov]




        CIVIL SERVICE REFORM AND THE RIGHTS OF FEDERAL EMPLOYEES

  Mr. AKAKA. Mr. President, as we consider proposals for creating a 
Department of Homeland Security to protect our Nation's borders and 
critical infrastructure, we must not forget the 170,000 federal 
employees who will staff this new agency.
  This new department should not be used as a vehicle to advance broad 
changes to existing laws that would erode the rights and benefits now 
accorded to these federal workers. Nor should personnel decisions 
related to the agency be done in secret. Congress, along with employee 
unions and management associations, must be a part of the creation of 
the new department and any changes to title 5.
  The President's proposal for the homeland security department calls 
for enhanced management flexibilities in hiring, compensation, and 
workforce management. The challenges that such flexibilities would 
address are not new, and despite the belief that drastic personnel 
changes are needed, we should not forget that today's federal 
government faces many of the same workforce challenges as in the past. 
Real solutions for civil service reform require strong leadership from 
the top down and a commitment to the federal merit system and the 
employees it protects.
  Some 25 years ago, the Civil Service Reform Act (CSRA) of 1978 
responded to the same issues confronting our government today. Much 
like today, there were serious concerns that government red tape 
hindered managers from effectively recruiting, developing, retaining, 
and managing federal employees. Similar to current proposals, the CSRA 
focused on enhancing the accountability of the federal workforce, while 
it increased management flexibilities and streamlined hiring and firing 
procedures. The act made it easier for managers to address employee 
performance.
  The act also established the principles of openness and procedural 
justice that define the civil service today. It created the Merit 
System Protection Board and the Office of Special Counsel to protect 
the rights of federal employees. The Federal Labor Relations Authority 
was created to oversee labor-management practices.
  The act provided a statutory basis for the collective bargaining 
rights of federal workers. It prohibited reprisals against employees 
who expose government fraud, waste and abuse.
  The Federal Government was strengthened as an employer as a result of 
the CSRA. Today, the federal civil service merit principles serve as a 
model for equal employment practices to both the private sector and 
foreign governments. With nearly half of the current Federal workforce 
eligible for retirement in the next 5 years, we must take care that we 
do not create an atmosphere where the Federal Government becomes the 
``employer of last resort.''
  Those in the Federal workforce demonstrate strong accountability and 
loyalty every day--not just to their employer--but to their country. On 
September 11, the Federal workforce responded with courage, dedication, 
and sacrifice, reminding us that we are all soldiers in the war against 
terrorism.
  As chairman of the International Security, Proliferation, and Federal 
Services Subcommittee, I will work to ensure that the rights of federal 
employees are preserved and accountability is maintained. These rights 
do not pose a threat to our national security and should never be used 
as a litmus-test for the patriotism of the Federal workforce.

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