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MemoMemorandumTrump 47 · R Quiet signal

Presidential Memorandum

Restoring Accountability for Career Senior Executives

This memorandum directs federal agencies to strengthen presidential accountability over career Senior Executive Service (SES) officials by requiring new performance plans, reinvigorating performance evaluation systems, reassigning SES members to align with the President's agenda, and empowering agency heads to remove underperforming SES officials. It restructures Executive Resources Boards and Performance Review Boards to give noncareer political appointees majority control.

Federal Register Open PDF 90 FR 8481

Impact dates

  1. OPM Director, in coordination with OMB Director, shall issue SES Performance Plans

Key directives

  • OPM Director, in coordination with OMB Director, shall issue SES Performance Plans within 30 days that agencies must adopt
  • Agency heads shall use all available authorities to reinvigorate SES system and prioritize accountability
  • Agency heads shall reassign SES members as necessary to align with President's agenda
  • Agency heads should terminate existing Executive Resources Boards and institute new/interim ERBs with senior noncareer officials as majority
  • Agency heads should terminate existing Performance Review Board membership and reconstitute with individuals committed to full enforcement of SES performance evaluations
  • Agency heads shall immediately take all appropriate actions up to and including removal of SES officials whose performance is inconsistent with memorandum principles

Who is ordered

Timeline

Immediate

  • OPM and OMB directed to coordinate on SES Performance Plans
  • Agency heads authorized to reassign SES members and remove underperforming officials

Near term (90d)

  • OPM/OMB must issue SES Performance Plans within 30 days
  • Agency heads should terminate and reconstitute Executive Resources Boards and Performance Review Boards

Long term

  • Potential significant restructuring of federal civil service accountability mechanisms
  • Possible increased turnover among career senior executives

Risks & tensions

  • Potential tension with 5 U.S.C. § 3395 procedural protections for SES reassignments
  • Risk of politicization of career civil service if noncareer officials control performance evaluation boards
  • Legal uncertainty around 'at-will' removal claims for career SES given existing statutory frameworks
  • Possible chilling effect on career executive willingness to provide independent policy advice
  • Vague standard 'inconsistent with...my agenda' for reassignments raises due process concerns
Presidential Memorandum: Restoring Accountability for Career Senior Executives · Executive Orders