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EO 12940Executive OrderClinton · D

Executive Order 12940

Amendment to Civil Service Rule VI

This executive order amends Civil Service Rule VI to place two categories of Department of Agriculture positions—State Executive Directors of the Consolidated Farm Service Agency and State Directors or State Directors-at-Large for Rural Economic and Community Development—into Schedule C excepted service. These positions are excluded from competitive civil service requirements and certain whistleblower protections due to their confidential, policy-determining, policy-making, or policy-advocating character.

Federal Register 59 FR 61519
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Impact dates

  1. Executive Order effective; Civil Service Rule VI amendment takes effect

Key directives

  • Revise subsection (c) of section 6.8 of Civil Service Rule VI (5 C.F.R. 6.8)
  • List specified USDA positions in Schedule C for all grades of the General Schedule
  • Supersede Executive Order No. 12300

Timeline

Immediate

  • Executive Order takes effect upon signing
  • Positions immediately reclassified to Schedule C excepted service
  • Supersedes Executive Order No. 12300

Near term (90d)

  • Personnel actions and hiring for these positions may proceed under new classification
  • USDA must implement organizational adjustments per reorganization under Public Law 103-354

Long term

  • Ongoing exclusion of these positions from competitive service and section 2302 protections
  • Structural precedent for policy-based excepted service classifications in agriculture agencies

Risks & tensions

  • Positions excluded from section 2302 whistleblower protections, raising potential accountability concerns
  • Vague: exact number of affected positions not specified
  • Reorganization under Public Law 103-354 provides contextual justification but specific implementation details not stated
Executive Order 12940: Amendment to Civil Service Rule VI · Executive Orders