One Voice for America’s Foreign Relations
This Presidential order asserts the President's authority to direct US foreign policy and mandates that all officials implement the President's directives.
It outlines procedures to address situations where officials fail to comply and calls for reforms to the Foreign Service, including recruitment, performance evaluation, and training, to better ensure policy execution.
The order also establishes definitions of relevant terms and emphasizes that it does not create any legally enforceable rights.
Arguments For
Strengthening Executive Authority: The order reinforces the President's constitutional authority over foreign policy, ensuring a unified approach to international relations.
Improved Policy Implementation: By clarifying accountability and outlining procedures, the order aims to improve the efficiency and effectiveness of foreign policy execution. The stated intention is to ensure that directives from the President are faithfully implemented by all relevant personnel.
Enhanced Workforce Accountability: The order provides a framework for addressing instances where individuals fail to uphold the President's foreign policy directives, leading to potential improvements in performance and conduct. This addresses potential breaches of trust and ineffectiveness in executing foreign policy.
Modernization of Foreign Service: The order calls for reforms to recruitment, evaluation, and training within the Foreign Service, leading to a workforce potentially better equipped to meet the challenges of modern diplomacy.
Legal Basis: The order explicitly grounds its authority in Article II of the US Constitution, vesting the power to conduct foreign policy in the President.
Arguments Against
Potential for Abuse of Power: Critics might express concern that the order could be used to stifle dissent or punish those who disagree with the administration's foreign policy agenda, potentially leading to a chilling effect.
Implementation Challenges: Implementing the reforms and ensuring consistent application of the order across various agencies and levels of the Foreign Service may present challenges and complexities.
Impact on Morale: The focus on accountability and potential discipline could negatively affect the morale and work environment within the State Department and other relevant agencies, particularly if perceived as overly punitive.
Lack of Transparency: The order grants significant discretion to the Secretary of State, potentially leading to a lack of transparency in decision-making processes regarding personnel actions. The 'sole and exclusive discretion' clauses concern some.
Alternative Approaches: Critics might argue that alternative approaches to improving foreign policy implementation (such as enhanced training, improved communication, or other less punitive measures) could be more effective and less prone to potential abuse.
Section 1. Purpose. Article II of the United States Constitution vests the power to conduct foreign policy in the President of the United States. Presidents rely on their Secretaries of State and their subordinate officials to ensure that the United States is served and protected at home and abroad. As the principal steward of the President’s foreign policy, the Secretary must maintain an exceptional workforce of patriots to implement this policy effectively.
This section establishes the constitutional basis for the President's control over foreign policy.
It highlights the Secretary of State's crucial role in executing this policy and the need for a high-performing team to do so effectively.
Sec. 2. Policy. All officers or employees charged with implementing the foreign policy of the United States must under Article II do so under the direction and authority of the President. Failure to faithfully implement the President’s policy is grounds for professional discipline, including separation. The personnel procedures of executive departments and agencies (agencies) charged with implementing the President’s foreign policy must therefore provide an effective and efficient means for ensuring that officers and employees faithfully implement the President’s policies.
This section clarifies that all officials involved in foreign policy must follow the President's directives.
It emphasizes that failure to do so will lead to disciplinary action, including dismissal.
It further stresses the need for efficient personnel procedures to ensure policy compliance.
Sec. 3. Definitions. For the purposes of this order: (a) the terms “Department,” “Foreign Service,” “Service,” and “Secretary” shall have the meaning given those terms by section 3902 of title 22, United States Code; and (b) the term “members of the Foreign Service” shall have the same meaning as “members of the Service” under section 3903 of title 22, United States Code. (c) the term “Civil Service employee” shall mean an employee of the Department holding United States citizenship, except for a member of the Foreign Service, as defined in section 2664a of title 22, United States Code. (d) the term “other staff” shall mean locally employed staff and agents under the authority of sections 202(a)(4)(A) (22 U.S.C. 3922(a)(4)(A)) and 303 (22 U.S.C. 3943) of the Foreign Service Act of 1980, or special Government employees of the Department as defined in section 202(a) of title 18, United States Code.
This section defines key terms used throughout the order such as 'Department', 'Foreign Service', 'Civil Service employee' and 'other staff,' referencing specific sections of the US Code for precise legal definitions.
Sec. 4. Election of Procedures. When the Secretary concludes that a member of the Foreign Service, a Civil Service employee, or other staff has demonstrated performance or conduct that warrants a personnel action, the Secretary shall, with respect to officials appointed by the Secretary or others within the Department, take appropriate action, subject to the supervision of the President, and shall, with respect to officials appointed by the President, preliminarily determine whether to refer such a matter for the President’s consideration. Such preliminary determination shall be made in the Secretary’s sole and exclusive discretion.
This section outlines the process for handling personnel issues related to foreign policy implementation.
The Secretary of State is empowered to take action, subject to presidential oversight.
For those appointed directly by the President, the Secretary makes a preliminary determination before referring a matter to the President.
Sec. 5. Foreign Service Reform. (a) The Secretary shall, consistent with applicable law, reform the Foreign Service and the administration of foreign relations to ensure faithful and effective implementation of the President’s foreign policy agenda. (b) The Secretary shall, consistent with applicable law, implement reforms in recruiting, performance, evaluation, and retention standards, and the programs of the Foreign Service Institute, to ensure a workforce that is committed to faithful implementation of the President’s foreign policy. (c) In implementing the reforms identified in this section, the Secretary shall, consistent with applicable law, revise or replace the Foreign Affairs Manual and direct subordinate agencies to remove, amend, or replace any handbooks, procedures, or guidance. (d) The Secretary shall have sole and exclusive discretion in the exercise or delegation of the responsibilities enumerated in this order, and, as the Secretary deems necessary or appropriate, may prescribe additional procedures that subordinate officials shall follow in the performance of such responsibilities.
This section mandates reforms to the Foreign Service to ensure better implementation of presidential foreign policy.
These reforms include alterations to recruitment, performance evaluation, retention, and training programs.
The Secretary is given broad authority to update manuals, procedures, and guidelines to reflect these changes.
The Secretary has substantial autonomy in implementing the reforms.
Sec. 6. 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. (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.
This section includes some important caveats.
It clarifies that this order does not override other existing laws or the Office of Management and Budget's responsibilities.
Implementation is contingent on existing laws and available funding.
Crucially, the order does not grant any new legal rights or benefits.