House Passes PODA, Aims at Preventing Executive Overreach
A package of reforms approved by the House will protect federal civil servants, bolster agency watchdog programs, and limit temporary appointments to federal positions. The measure passed on a tight party-line vote of 220 to 208, with Rep. Adam Kinzinger (R-IL) as the lone Republican voting in favor of the bill.
The Protecting Our Democracy Act enacts sweeping changes to the executive branch which Democrats have presented as a response to the conflicts that arose during the Trump Administration, causing concern among Republicans. Government ethics proponents have sought such measures for a long time, typically with Republican backing, but they have been recast as partisan due to their affiliation with former President Trump.
In its current form, the bill would establish new enforcement mechanisms for the Hatch Act, which prohibits federal employees from engaging in political activities while on duty, and subject those who violate it to fines up to $50,000. The expansion also subjects the president and vice president to the Act while conducting official duties at the White House.
Following the controversial removal of multiple inspectors general (IG) in previous administrations, the IGs would enjoy a greater degree of protection, thereby reducing the chances of termination without cause. Congressional Republicans have included an amendment to create an IG office at the Office of Management and Budget (OMB). Further, the OMB would be faced with new restrictions on disbursing appropriated funds just before they expire.
Rep. Rosa, DeLauro (D-CT), chair of the House Appropriations Committee, said the provision would “ensure every president, regardless of party, will be subject to Congress’ constitutional power of the purse.”
While clarifying that whistleblower retaliation is prohibited, the bill ensures that retaliatory investigations cannot occur. Another provision would protect whistleblowers who go directly to Congress with concerns.
“This reform legislation when enacted will finally provide the type of support for federal employee whistleblowers that we have sought for over forty years and that recent polls indicate the public is demanding as well by overwhelming percentages. Whistleblowers are and with this help will remain true agents of accountability and integrity,” stated Government Accountability Project’s CEO and Executive Director Louis Clark.
In the bill, the Merit Systems Protection Board (MSPB) would be reauthorized and given subpoena authority as well as the ability to conduct surveys of the federal workforce.
In addition to gaining rulemaking authority, the Office of Special Counsel would be able to continue investigating some former federal employees.
The bill would codify the Schedule F executive order repeal and make unlawful a policy increasing the number of employees that can be fired at will by granting them at-will employment.
Acting officials who temporarily fill a vacancy after serving as its deputy under the Federal Vacancies Reform Act must have served as deputy for at least 30 days before filling it. Before an acting leader can serve at an agency, senior career officials must serve for one year at the agency. Acting officials can now serve no more than 120 days at the most under the bill.
Republican opposition to the bill will make its prospects bleak in the Senate, and it will most likely need the support of at least 10 of them if it is to become law. Rep. Adam Schiff (D-CA), the bill's author, pointed out that Republicans have supported many of the legislation's provisions in the past and said the Senate should make an exception to its filibuster rule to allow passage of the legislation.
