Reducing the Federal Workforce Through Attrition Act
- Bill Number
- S. 295
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-01-29: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2025-04-28T13:30:44Z
AI-Generated Summary
Purpose
The legislation aims to shrink the overall size of the federal civilian workforce by 10% through natural attrition—meaning retirements, resignations, or other voluntary separations—without forced layoffs. It enforces this by limiting new hires and monitoring compliance, starting from a baseline in 2025, to promote efficiency and reduce government spending on personnel.
Key Provisions
- Baseline and Overall Cap: The total number of federal employees across all executive agencies (excluding political appointees) must not exceed 90% of the count as of September 30, 2025, effective from fiscal year 2028 onward. Agencies report their employee numbers to the Office of Management and Budget (OMB) by October 31, 2025, and OMB sets agency-specific maximums by the end of the first quarter of fiscal year 2026.
- Hiring Restrictions: From the second quarter of fiscal year 2026 through September 30, 2027, agencies can hire only one new employee for every three who leave through retirement or separation.
- Monitoring and Enforcement: OMB, in consultation with the Office of Personnel Management (OPM), will continuously track agency compliance. If an agency exceeds its cap starting in fiscal year 2028, OMB notifies the agency, President, and Congress. Non-compliant agencies face a hiring freeze, bans on approving remote work that effectively adds staff, restrictions on increasing employee hours remotely, and limits on "official time" (union-related paid time off under federal law).
- Waivers: The President can waive rules for specific jobs or categories during wars, national security threats, or extraordinary emergencies affecting life, health, safety, or property.
- Counting Method: Employee numbers are calculated on a full-time equivalent (FTE) basis—meaning part-time roles count proportionally—and these rules override any union contracts (collective bargaining agreements).
- Service Contracts and Transfers: The law prevents agencies from shifting work to private contractors to bypass reductions unless a cost analysis shows savings for the government. Employees can still transfer between compliant agencies.
Significant Changes to Existing Law
This bill introduces new mandatory workforce caps and phased hiring limits, which do not currently exist in federal personnel law (Title 5 of the U.S. Code). It amends hiring practices by tying them to attrition rates and adds enforcement mechanisms like automatic freezes, overriding aspects of existing flexibility in remote work approvals and official time under 5 U.S.C. § 7131. It also explicitly limits the use of service contracts to avoid circumvention, building on but strengthening procurement rules.
Potential Impacts
- On Government Agencies: Could lead to understaffing in executive agencies (e.g., departments like Defense or Health and Human Services), potentially slowing services, delaying projects, or increasing workloads for remaining employees. OMB and OPM gain expanded oversight roles.
- On Citizens: May result in reduced access to federal services, longer wait times for benefits or approvals, or inefficiencies in areas like tax processing or environmental regulation, though proponents argue it streamlines bureaucracy.
- On International Relations: Minimal direct impact, but agencies involved in diplomacy or global aid (e.g., State Department) might face staffing constraints affecting U.S. commitments abroad.
Main Stakeholders Affected
- Federal Employees: Career civil servants (over 2 million) face limited job opportunities and potential career disruptions, though no firings are mandated.
- Executive Agencies: Heads of departments and agencies must comply with caps, potentially straining operations.
- Oversight Bodies: OMB and OPM handle monitoring, reporting, and enforcement.
- President and Congress: The President can issue waivers and receives notifications; Congress gets updates and could influence through oversight.
- Unions and Contractors: Labor groups may challenge restrictions on bargaining and official time; private firms could see opportunities or limits in service contracts.
Notable Legal, Constitutional, or Political Implications
- Legal: The bill could face challenges under civil service protections (e.g., merit-based hiring under Title 5), as it imposes rigid caps potentially conflicting with agency needs. Overrides of collective bargaining may invite lawsuits from unions, citing violations of labor rights.
- Constitutional: Raises questions about separation of powers, as Congress mandates executive branch workforce limits, potentially infringing on the President's Article II authority over personnel. Waivers preserve some executive flexibility.
- Political: Positions the law as a tool for fiscal conservatism, reducing government size amid debates on bureaucracy bloat, but critics may view it as politicizing neutral civil service, especially excluding political appointees. If passed, it sets a precedent for attrition-based reforms without budget cuts.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2025-01-29: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2025-01-29: Introduced in Senate
Bill Versions
- Reducing the Federal Workforce Through Attrition Act — issued 2025-01-29 — PDF (7 pages)