01-31-2025

Restoring Accountability to Policy-Influencing Positions Within the Federal Workforce

Executive OrderView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: Executive Order 14171 reclassifies a significant number of federal government employees in policy-related roles to a new "at-will" employment category called "Schedule Policy/Career." This makes it easier for the administration to hire and fire these employees, removing their traditional civil service job protections.

Money: As an executive order, there is no formal Congressional Budget Office (CBO) score. The Office of Personnel Management (OPM) under a new administration has reversed earlier findings that this policy would have high costs related to recruitment and retention. The primary financial impact will be seen in agency operational budgets due to potential staff turnover and changes in workforce composition, though no specific dollar amount has been appropriated or officially estimated.

Your Impact: While the order directly targets federal workers, it could indirectly affect all Americans by changing how government services are delivered. The goal is to make the government more responsive to the President's agenda, but critics warn it could lead to services being administered based on political loyalty rather than non-partisan expertise.

Status: The Executive Order was signed by the President on January 20, 2025, and is in effect.

What's Actually in the Bill

This executive order aims to restore presidential authority over the federal workforce by making it easier to dismiss employees in positions that influence policy. It does this by reinstating a controversial policy from a previous administration, known as "Schedule F," under a new name.

Core Provisions:

  • Reinstates Previous Policy: Immediately restores Executive Order 13957 of October 21, 2020, which created "Schedule F."
  • Creates New Job Category: Renames the "Schedule F" category to "Schedule Policy/Career." Employees in confidential, policy-making, or policy-advocating roles will be moved into this new schedule.
  • Removes Job Protections: Employees reclassified into Schedule Policy/Career lose their protections against adverse actions like removal, meaning they can be fired more easily.
  • Sets New Standard for Dismissal: Establishes that failure to "faithfully implement administration policies" is grounds for dismissal for employees in this new category.
  • Revokes Competing Policies: It revokes President Biden's Executive Order 14003, which was explicitly designed to protect the federal workforce and had rescinded the original Schedule F. It also directs the Office of Personnel Management (OPM) to rescind a final rule from April 9, 2024, that strengthened civil service protections.
  • Calls for Expansion: The Director of OPM is ordered to issue guidance within 30 days on other types of positions that should be moved into the new schedule.

Stated Purpose (from the Sponsors):

The order states that its purpose is to address a lack of accountability within the civil service.

  1. It claims that existing procedures make it difficult for supervisors to remove employees for poor performance or insubordination.
  2. It asserts that personnel in policy-influencing roles are delegated power by the President and must be accountable to him, as the official elected by the American people.
  3. The administration argues this is necessary to counter instances of career employees resisting and undermining the policies of executive leadership.

Key Facts:

Affected Sectors: All executive branch departments and agencies of the federal government.
Timeline: The order took effect immediately on January 20, 2025. Agencies must now review positions for reclassification.
Scope: The order applies to career positions of a "confidential, policy-determining, policy-making, or policy-advocating character." OPM and administration allies estimate this could affect at least 50,000 federal employees, though opponents suggest the number could be much higher.

The Backstory: How We Got Here

Timeline of Events:

The Merit System Era (1883-2020):

  • 1883: The Pendleton Civil Service Reform Act is passed to end the "spoils system," where federal jobs were given based on political loyalty. It establishes a merit-based system for hiring and firing.
  • 1978: The Civil Service Reform Act, a major bipartisan law, modernizes the civil service and establishes the Senior Executive Service (SES). It reaffirms merit system principles.
  • 2017-2020: The Trump administration expresses frustration with what it terms the "deep state," a perceived bloc of career employees opposed to its agenda, leading to calls for greater control over the bureaucracy.
  • October 21, 2020: President Trump issues Executive Order 13957, creating "Schedule F" to reclassify policy-related jobs and remove their employment protections.

The Reversal and Reinstatement Era (2021-Present):

  • January 22, 2021: On his third day in office, President Biden signs Executive Order 14003, revoking Schedule F and stating a policy to "protect, empower, and rebuild the career Federal workforce."
  • 2022-2023: Conservative think tanks, under the umbrella of "Project 2025," develop a detailed plan for the next conservative administration, with the reinstatement of Schedule F as a top priority.
  • April 9, 2024: The Biden administration's OPM finalizes a rule to "uphold civil service protections." This regulation was designed to make it more difficult for a future administration to re-implement Schedule F by clarifying that employees retain their protections even if moved to a different job schedule.
  • January 20, 2025: The new administration issues Executive Order 14171 on its first day, immediately reinstating Schedule F (as "Schedule Policy/Career") and ordering OPM to undo the 2024 protective rule.

Why Now? The Political Calculus:

  • Fulfilling a Promise: Reinstating Schedule F was a key component of the administration's platform and the Project 2025 plan, framed as essential for "dismantling the administrative state."
  • Speed and Authority: Using an executive order on "Day One" allows the administration to act immediately without consulting Congress, aiming to reshape the workforce before legal and political opposition can fully mobilize.
  • Controlling the Narrative: The administration argues that a workforce loyal to implementing its agenda, rather than to the Constitution in the abstract, is necessary for the government to function as directed by the elected President. This order is the primary tool to achieve that goal.

Your Real-World Impact

The Direct Answer: This order most directly affects tens of thousands of federal employees, but it indirectly affects all Americans by fundamentally changing the nature of the government workforce that administers federal laws and programs.

What Could Change for You:

Potential Benefits:

  • More Responsive Government: Supporters argue the policy will make the government more efficient and responsive to the priorities of the President you elected.
  • Accountability: It could become easier to remove federal employees who are performing poorly or are seen as actively obstructing the administration's goals.
  • Faster Policy Implementation: An administration could more quickly enact its policy agenda without perceived resistance from career staff.

Possible Disruptions or Costs:

Short-term (First 1-2 Years):

  • Service Disruptions: A potential exodus of experienced civil servants could lead to a loss of institutional knowledge, possibly disrupting the delivery of government services like Social Security payments, disaster relief, and regulatory oversight.
  • Instability: Mass firings and hirings could create chaos within federal agencies as new, potentially less experienced political loyalists take over complex roles.

Long-term:

  • Politicized Services: Government functions, from environmental protection to law enforcement and food safety, could be influenced by partisan political considerations rather than objective, expert analysis.
  • Erosion of Trust: Public trust in the non-partisan nature of government services could decline, as citizens may worry that decisions are being made based on political favoritism.

Who's Most Affected:

Primary Groups: Mid-to-senior level federal employees (GS-13 to GS-15), members of the Senior Executive Service, and any employee in a role deemed "policy-influencing."
Secondary Groups: Businesses in highly regulated industries (e.g., energy, finance, pharmaceuticals), academic researchers relying on federal data, and citizens who depend on federal benefits and services.
Regional Impact: The Washington, D.C. area has a high concentration of federal workers, but about 85% of the federal workforce is located across the country in every state.

Bottom Line: This order attempts to make the federal government more loyal to the President's agenda, but it risks replacing an experienced, non-partisan workforce with one based on political allegiance, potentially affecting the quality and fairness of government services for everyone.

Where the Parties Stand

Republican Position: "Restoring Accountability"

Core Stance: The permanent federal bureaucracy is an unaccountable "administrative state" that needs to be brought under the control of the elected President.

Their Arguments:

  • ✓ This reform is necessary to fire "poor performers" and "corrupt employees" who are protected by cumbersome union and civil service rules.
  • ✓ It ensures the government implements the policies that the American people voted for, rather than being obstructed by career staff with different political views.
  • ⚠️ Some conservatives have historically supported a merit-based civil service, but the prevailing view is now that a major overhaul is needed to counter bureaucratic resistance.
  • ✗ They oppose the idea that federal employees' primary loyalty should be to abstract principles or institutions rather than the President's agenda.

Legislative Strategy: Bypass Congress by using the President's executive authority over the federal workforce. The administration is prepared to defend the order in court.

Democratic Position: "Protecting the Merit System"

Core Stance: This order dismantles the non-partisan civil service, returning the country to a political "spoils system" and threatening democracy.

Their Arguments:

  • ✓ A professional, non-partisan civil service ensures that government functions effectively and fairly for all Americans, regardless of who is in the White House.
  • ✓ Stripping job protections will make federal workers vulnerable to political pressure, coercion, and retaliation for whistleblowing.
  • ✗ They argue this is not about good government but about installing political loyalists and punishing perceived enemies.
  • ✗ They oppose the massive expansion of executive power and the erosion of checks and balances.

Legislative Strategy: Immediately challenge the Executive Order in court. Introduce legislation like the Saving the Civil Service Act to legislatively block Schedule F and similar reclassifications.

Constitutional Check

The Verdict: ⚠️ Questionable

Basis of Authority:

The Executive Order cites the President's authority under Article II of the U.S. Constitution (which grants executive power) and Title 5 of the U.S. Code, which governs the civil service. Specifically, it relies on a provision in the Civil Service Reform Act of 1978 that allows the President to make exceptions to the competitive service for positions of a "confidential, policy-determining, policy-making, or policy-advocating character."

U.S. Constitution, Article II, Section 1, Clause 1: "The executive Power shall be vested in a President of the United States of America."

Constitutional Implications:

Unitary Executive Theory: The order is a forceful application of this theory, which posits that the President has absolute control over the executive branch. This order seeks to extend that control from political appointees deep into the career civil service.
Precedent: Historically, the "policy-determining" exception has been interpreted very narrowly to cover a small number of high-level, non-career appointees. This order interprets it broadly to cover potentially tens of thousands of career civil servants, a move legal scholars say is unprecedented.
Separation of Powers: Critics argue the order usurps Congress's power. Congress created the civil service system through legislation (the Pendleton Act), and this executive action attempts to fundamentally alter it without new legislation.

Potential Legal Challenges:

Federal employee unions and good government groups have already filed lawsuits. The legal arguments against the order are:

  1. Exceeds Statutory Authority: The President is interpreting the "policy-determining" exception in Title 5 far more broadly than Congress ever intended.
  2. Violates Due Process: Career federal employees may have a property interest in their jobs, and this order attempts to strip those rights without due process of law.
  3. Arbitrary and Capricious: Lawsuits will argue that the mass reclassification is an arbitrary abuse of discretion under the Administrative Procedure Act.

Your Action Options

TO SUPPORT THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I support the President's efforts to reform the civil service with Executive Order 14171. I urge [Rep./Sen. Name] to oppose any attempts to block it."

30-Minute Deep Dive:

  • Write a Detailed Email: Contact your representatives and members of the House Oversight and Senate Homeland Security & Governmental Affairs committees to express your support for greater accountability in the federal workforce.
  • Join an Organization: Groups like The Heritage Foundation are leading proponents of these reforms through initiatives like Project 2025.

TO OPPOSE THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to vote YES on any legislation that would block Schedule F, like the Saving the Civil Service Act, and to oppose Executive Order 14171."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper explaining the importance of a non-partisan, merit-based civil service for all Americans.
  • Join an Organization: A wide coalition of groups oppose this policy, including federal unions like the National Treasury Employees Union (NTEU) and the American Federation of Government Employees (AFGE), and good government groups like Protect Democracy, Democracy Forward, and the Working Group to Protect and Reform U.S. Civil Service.