Pursuant to the authority vested in me as President by the Constitution and laws of the United States of America, including sections 3301, 3302, and 7511 of title 5, United States Code, it is ordered the following:
Section 1. Purpose. Article II of the United States Constitution vests in the President sole and exclusive authority over the executive branch, including the power to manage federal personnel to ensure the effective execution of federal law. An essential aspect of this executive function is the responsibility to maintain professionalism and accountability within the civil service. This responsibility is sorely lacking today. Only 41 percent of public service supervisors are confident they can fire an employee who has engaged in insubordination or serious misconduct. Even fewer supervisors – 26 percent – are confident they can fire an employee for poor performance.
Accountability is essential for all federal employees, but it is especially important for those in positions of political influence. This staff is responsible for shaping and implementing actions that meaningfully impact all Americans. Any power they have is delegated by the president, and they must be accountable to the president, who is the only member of the executive branch, other than the vice president, elected and directly responsible to the American people. In recent years, however, there have been numerous well-documented cases of career federal employees resisting and undermining the policies and directives of their executive branch. The principles of good administration therefore require measures aimed at restoring the responsibility of the career civil service, starting with positions of a confidential, determining, decision-making or policy-defending nature.
Second. 2. Restoration of previous administration policy. Executive Order 13957 of October 21, 2020 (creating Schedule F in the Excluded Service) is immediately reinstated with full effect, subject to the modifications described in Section 3 of this Executive Order; provided that the date of this order shall be treated as the date of Executive Order 13957.
Second. 3. Changes to previous administration policy. Decree 13957 is amended as follows:
(a) replace the letter “F” throughout, when used to designate an excluded duty schedule, with the words “Politics/Career”;
(b) in section 1:
(i) delete the text between the words “make necessary” in the seventh paragraph and “except for such positions” in the eighth paragraph; And
(ii) insert the text “the competitive service and the” immediately before the words “the adverse action procedures” in the eighth paragraph;
(c) in section 4(a)(i), replace the word “Positions” with the words “Career Positions” in the last paragraph;
(d) in Article 4(b)(i), add the text “providing for the application of Civil Service Rule 6.3(a) to political/career positions and” after the words “where applicable” ;
(e) in section 5:
(i) insert the words “recommend to the President” immediately after the words “request the Director to” in subparagraph (a)(i);
(ii) insert the following text at the end of subparagraph (c):
“(vi) directly or indirectly supervise employees in scheduling/career related positions; Or
(vii) Duties that the Director otherwise indicates may be appropriate for inclusion in the scheduling/career policy. » ; And
(iii) amend paragraph (d) to read “The Director will promptly recommend to the President which positions should be placed on the political/career schedule.” » ;
(f) in section 6:
(i) designate the existing text as a new paragraph
“(A)”;
(ii) insert a new subparagraph (b) which reads as follows:
“(b) Employees or applicants for scheduling/career policy positions are not required to personally or politically support the current President or the policies of the current administration. They are required to faithfully implement administrative policies, to the best of their ability, consistent with their constitutional oath and the vesting of executive power solely in the President. Failure to do so constitutes grounds for dismissal. »
Second. 4. Compliant regulatory changes. The Director of the Office of Personnel Management (Director) shall promptly amend the Civil Service Regulations to rescind all changes made by the April 9, 2024 final rule, “Respect for Civil Service Protections and Principles of the Civil Service System.” merit”, 89. Fed. Reg. 24982, which frustrate the purposes of or otherwise affect the implementation of Executive Order 13957. Until such reversals are made (including the resolution of any judicial review), 5 CFR part 302, subpart F, 5 CFR 210.102(b)(3) , and 5 CFR 210.102(b)(4) shall be deemed inoperative and of no effect.
Second. 5. Additional positions to consider. Within 30 days of the date of this Order, the Director shall, after consultation with the Executive Office of the President, issue guidance on additional categories of positions that executive departments and agencies should consider recommending for scheduling/career policy.
Second. 6. Revocation. Executive Order 14003 of January 22, 2021 (Protecting the Federal Workforce) is hereby revoked, and any rules, regulations, directives, or other agency policies implemented under Executive Order 14003 shall not be enforced. The heads of each executive department and agency shall review and identify existing agency actions related to or arising from Section 3(e)(v) and 3(f) of Executive Order 14003 (relating to suspension, review or rescission of unacceptable discipline and performance policy reviews) and, as soon as practicable, suspend, revise or rescind the actions identified in the review.
Second. 7. General provisions. (a) Nothing in this order shall be construed as impairing or otherwise affecting:
(i) the authority granted by law to an executive department or agency, or to its head; Or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative or legislative proposals.
(b) This Order will be implemented in accordance with applicable law and subject to the availability of appropriations.
(c) This order is not intended to and does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies or entities, its officers, employees. , or agents, or any other person.
THE WHITE HOUSE,
January 20, 2025.
