[Federal Register Volume 90, Number 20 (Friday, January 31, 2025)]
[Presidential Documents]
[Pages 8625-8627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02095]
Presidential Documents
Federal Register / Vol. 90, No. 20 / Friday, January 31, 2025 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 8625]]
Executive Order 14171 of January 20, 2025
Restoring Accountability to Policy-Influencing
Positions Within the Federal Workforce
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 3301, 3302, and 7511 of
title 5, United States Code, it is hereby ordered as
follows:
Section 1. Purpose. Article II of the United States
Constitution vests the President with the sole and
exclusive authority over the executive branch,
including the authority to manage the Federal workforce
to ensure effective execution of Federal law. A
critical aspect of this executive function is the
responsibility to maintain professionalism and
accountability within the civil service. This
accountability is sorely lacking today. Only 41 percent
of civil service supervisors are confident that they
can remove an employee who engaged in insubordination
or serious misconduct. Even fewer supervisors--26
percent--are confident that they can remove an employee
for poor performance.
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.
Sec. 2. Reinstatement of Prior Administration Policy.
Executive Order 13957 of October 21, 2020 (Creating
Schedule F in the Excepted Service), is hereby
immediately reinstated with full force and effect,
subject to the amendments described in section 3 of
this order; provided that the date of this order shall
be treated as the date of Executive Order 13957.
Sec. 3. Amendments to Prior Administration Policy.
Executive Order 13957 is amended as follows:
(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:
[[Page 8626]]
(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.''
Sec. 4. Conforming 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 final rule of April 9, 2024,
``Upholding Civil Service Protections and Merit System
Principles,'' 89 Fed. Reg. 24982, that impede the
purposes of or would otherwise affect the
implementation of Executive Order 13957. Until such
rescissions are effectuated (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
held inoperative and without effect.
Sec. 5. Additional Positions for Consideration. Within
30 days of the date of this order, the Director shall,
after consultation with the Executive Office of the
President, issue guidance about additional categories
of positions that executive departments and agencies
should consider recommending for Schedule Policy/
Career.
Sec. 6. Revocation. Executive Order 14003 of January
22, 2021 (Protecting the Federal Workforce), is hereby
revoked, and any rules, regulations, guidance, or other
agency policies effectuated under Executive Order 14003
shall not be enforced. The heads of each executive
department and agency shall review and identify
existing agency actions relating to or arising under
section 3(e)(v) and 3(f) of Executive Order 14003
(relating to suspending, revising, or rescinding
revisions to discipline and unacceptable performance
policies) and, as soon as practicable, suspend, revise,
or rescind such actions identified in the review.
Sec. 7. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(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.
[[Page 8627]]
(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.
(Presidential Sig.)
THE WHITE HOUSE,
January 20, 2025.
[FR Doc. 2025-02095
Filed 1-30-25; 8:45 am]
Billing code 3395-F4-P