REFORMING THE FEDERAL HIRING PROCESS AND RESTORING MERIT TO GOVERNMENT SERVICE
This executive order mandates a comprehensive overhaul of the federal hiring process.
The order aims to improve efficiency, attract highly skilled candidates committed to American ideals, and eliminate discriminatory practices by prioritizing merit and skill over race, sex, or religion.
A new Federal Hiring Plan, to be developed within 120 days, outlines key strategies including faster hiring times, improved communication with applicants, and enhanced use of technology.
Arguments For
- Intended benefits: Improve the efficiency and effectiveness of the federal workforce by attracting highly skilled and qualified individuals dedicated to American ideals and the Constitution.
- Evidence cited: The order cites the current system as "broken, insular, and outdated," failing to focus on merit and skill.
- Implementation methods: The order establishes a Federal Hiring Plan to be developed within 120 days, outlining specific strategies for improving recruitment, selection, and time-to-hire.
- Legal/historical basis: The order cites its authority in sections 3301, 3302, and 7511 of title 5, United States Code, and the Constitution.
Arguments Against
- Potential impacts: Potential for legal challenges based on claims of discrimination or violation of civil rights laws.
- Implementation challenges: Significant changes to established procedures could face resistance from agencies and employees, requiring extensive training and resources.
- Alternative approaches: Alternative reform strategies could focus on incremental changes, pilot programs, or greater collaboration with stakeholders before widespread implementation.
- Unintended effects: The narrow focus on specific qualifications could inadvertently exclude diverse perspectives and experiences from the federal workforce.
Section 1. Policy. American citizens deserve an excellent and efficient Federal workforce that attracts the highest caliber of civil servants committed to achieving the freedom, prosperity, and democratic rule that our Constitution promotes. But current Federal hiring practices are broken, insular, and outdated. They no longer focus on merit, practical skill, and dedication to our Constitution. Federal hiring should not be based on impermissible factors, such as one’s commitment to illegal racial discrimination under the guise of “equity,” or one’s commitment to the invented concept of “gender identity” over sex. Inserting such factors into the hiring process subverts the will of the People, puts critical government functions at risk, and risks losing the best-qualified candidates.
By making our recruitment and hiring processes more efficient and focused on serving the Nation, we will ensure that the Federal workforce is prepared to help achieve American greatness, and attracts the talent necessary to serve our citizens effectively. By significantly improving hiring principles and practices, Americans will receive the Federal resources and services they deserve from the highest-skilled Federal workforce in the world.
This section establishes the policy rationale for the executive order.
It argues that the current federal hiring system is flawed and needs reform.
It emphasizes the importance of attracting highly skilled individuals dedicated to American ideals and the Constitution, while rejecting the use of factors like race, sex, or what the order terms "gender identity" in hiring decisions.
The section asserts that improved hiring practices will result in a more effective and efficient federal workforce better serving American citizens.
Sec. 2. Federal Hiring Plan. (a) Within 120 days of the date of this order, the Assistant to the President for Domestic Policy, in consultation with the Director of the Office of Management and Budget, the Director of the Office of Personnel Management, and the Administrator of the Department of Government Efficiency (DOGE), shall develop and send to agency heads a Federal Hiring Plan that brings to the Federal workforce only highly skilled Americans dedicated to the furtherance of American ideals, values, and interests.
(b) This Federal Hiring Plan shall:
(i) prioritize recruitment of individuals committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution;
(ii) prevent the hiring of individuals based on their race, sex, or religion, and prevent the hiring of individuals who are unwilling to defend the Constitution or to faithfully serve the Executive Branch;
(iii) implement, to the greatest extent possible, technical and alternative assessments as required by the Chance to Compete Act of 2024;
(iv) decrease government-wide time-to-hire to under 80 days;
(v) improve communication with candidates to provide greater clarity regarding application status, timelines, and feedback, including regular updates on the progress of applications and explanations of hiring decisions where appropriate;
(vi) integrate modern technology to support the recruitment and selection process, including the use of data analytics to identify trends, gaps, and opportunities in hiring, as well as leveraging digital platforms to improve candidate engagement; and
(vii) ensure Department and Agency leadership, or their designees, are active participants in implementing the new processes and throughout the full hiring process.
(c) This Federal Hiring Plan shall include specific agency plans to improve the allocation of Senior Executive Service positions in the Cabinet agencies, the Environmental Protection Agency, the Office of Management and Budget, the Small Business Administration, the Social Security Administration, the National Science Foundation, the Office of Personnel Management, and the General Services Administration, to best facilitate democratic leadership, as required by law, within each agency.
(d) The Federal Hiring Plan shall provide specific best practices for the human resources function in each agency, which each agency head shall implement, with advice and recommendations as appropriate from DOGE.
This section outlines the requirements for a new Federal Hiring Plan.
The plan must be developed within 120 days and will focus on recruiting highly skilled individuals committed to American ideals and the Constitution.
The plan will also incorporate measures to improve efficiency, prevent discrimination, utilize technology, and ensure agency leadership's active participation.
Specific agencies are targeted for improvements in Senior Executive Service allocation.
Sec. 3. Accountability and Reporting. (a) The Director of the Office of Personnel Management shall establish clear performance metrics to evaluate the success of these reforms, and request agency analysis on a regular basis.
(b) The Office of Personnel Management shall consult with Federal agencies, labor organizations, and other stakeholders to monitor progress and ensure that the reforms are meeting the needs of both candidates and agencies.
This section addresses accountability and reporting.
The Office of Personnel Management (OPM) is tasked with creating performance metrics to track the success of the hiring reforms and will regularly solicit input from agencies.
OPM will also engage with stakeholders, including labor organizations, to ensure the reforms are effective.
Sec. 4. 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, agency, or the head thereof;
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or
(iii) the functions of the Board of Governors of the Federal Reserve System or the Federal Open Market Committee relating to its conduct of monetary policy.
(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 general provisions clarifying the scope and limitations of the order.
It states that the order does not override existing legal authorities or the functions of specific bodies like the Office of Management and Budget or the Federal Reserve.
It also outlines that the order's implementation is contingent upon available appropriations and that it does not create any new legal rights or benefits.