Restoring Accountability to Policy-Influencing Positions Within the Federal Workforce

Accountability is essential for all Federal employees, but it is especially important for those who are in policy-influencing positions. These personnel are entrusted to shape and implement actions that have a significant impact on 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 accountable to the American people. In recent years, however, there have been numerous and well-documented cases of career Federal employees resisting and undermining the policies and directives of their executive leadership. Principles of good administration, therefore, necessitate action to restore accountability to the career civil service, beginning with positions of a confidential, policy-determining, policy-making, or policy-advocating character.

(a) replace the letter “F” throughout, when used to designate an excepted service schedule, with the words “Policy/Career”;

(b) in section 1:

(i) remove the text between the words “make necessary” in the seventh paragraph and “excepting such positions” in the eighth paragraph; and

(ii) insert the text “competitive service and the” immediately before the words “adverse action procedures” in the eighth paragraph;

(c) in section 4(a)(i), replace the word “Positions” with the words “Career positions” in the final paragraph;

(d) in section 4(b)(i), add the text “providing for the application of Civil Service Rule 6.3(a) to Schedule Policy/Career positions and” after the words “as appropriate”;

(e) in section 5:

(i) insert the words “recommend that the President” immediately after the words “petition the Director to” in subsection (a)(i);

(ii) insert the following text at the end of subsection (c):

“(vi) directly or indirectly supervising employees in Schedule Policy/Career positions; or

(vii) duties that the Director otherwise indicates may be appropriate for inclusion in Schedule Policy/Career.”; and

(iii) amend subsection (d) to read “The Director shall promptly recommend to the President which positions should be placed in Schedule Policy/Career.”;

(f) in section 6:

(i) designate the existing text as new subsection

“(a)”;

(ii) insert a new subsection (b) that reads:

“(b) Employees in or applicants for Schedule Policy/Career 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 administration policies to the best of their ability, consistent with their constitutional oath and the vesting of executive authority solely in the President. Failure to do so is grounds for dismissal.”

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent 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.