Trump’s New E.O. Launches Wrecking Ball at the Civil Service

 

On October 21, Trump issued an Executive Order on Creating Schedule F In The Excepted Service:

“Pursuant to my authority under section 3302(1) of title 5, United States Code, I find that conditions of good administration make necessary an exception to the competitive hiring rules and examinations for career positions in the Federal service of a confidential, policy-determining, policy-making, or policy-advocating character. These conditions include the need to provide agency heads with additional flexibility to assess prospective appointees without the limitations imposed by competitive service selection procedures. Placing these positions in the excepted service will mitigate undue limitations on their selection. This action will also give agencies greater ability and discretion to assess critical qualities in applicants to fill these positions, such as work ethic, judgment, and ability to meet the particular needs of the agency. These are all qualities individuals should have before wielding the authority inherent in their prospective positions, and agencies should be able to assess candidates without proceeding through complicated and elaborate competitive service processes or rating procedures that do not necessarily reflect their particular needs.”
[..]
Schedule F. Positions of a confidential, policy-determining, policy-making, or policy-advocating character not normally subject to change as a result of a Presidential transition shall be listed in Schedule F. In appointing an individual to a position in Schedule F, each agency shall follow the principle of veteran preference as far as administratively feasible.”

FedWeek notes that the “estimates of the potential number of employees affected range from the tens of thousands to 100,000 or more.”
The Partnership for Public Service released a statement that says in part ““Our civil service is the envy of the world and must be strengthened and enhanced. Without strong safeguards, the risk of hiring and firing for political reasons is high. The president’s executive order creating a new Schedule F job classification is deeply troubling and has the potential to impact wide swaths of federal employees over the next few months without engagement from Congress, civil servants and other key stakeholders.”
On October 27, 2020, H.R. 8687: To nullify the Executive Order entitled “Executive Order on Creating Schedule F In The Excepted Service”, and for other purposes was introduced in Congress. Of course, this bill must be passed by both the House and Senate in identical form and then signed by the President to become law.
The new E.O. which amends the Civil Service rule, requires a preliminary review of positions covered within 90 days of the issuance of the order, that places the due date on January 19, 2020, a day before the presidential inauguration of 2021. A complete review is due within 210 days, which is August 19, 2021. Agency heads will determine which positions should be placed in Schedule F category:

Sec. 5. Agency Actions. (a) Each head of an executive agency (as defined in section 105 of title 5, United States Code, but excluding the Government Accountability Office) shall conduct, within 90 days of the date of this order, a preliminary review of agency positions covered by subchapter II of chapter 75 of title 5, United States Code, and shall conduct a complete review of such positions within 210 days of the date of this order. Thereafter, each agency head shall conduct a review of agency positions covered by subchapter II of chapter 75 of title 5, United States Code, on at least an annual basis. Following such reviews each agency head shall:

(i) for positions not excepted from the competitive service by statute, petition the Director to place in Schedule F any such competitive service, Schedule A, Schedule B, or Schedule D positions within the agency that the agency head determines to be of a confidential, policy-determining, policy-making, or policy-advocating character and that are not normally subject to change as a result of a Presidential transition. Any such petition shall include a written explanation documenting the basis for the agency head’s determination that such position should be placed in Schedule F; and

(ii) for positions excepted from the competitive service by statute, determine which such positions are of a confidential, policy-determining, policy-making, or policy-advocating character and are not normally subject to change as a result of a Presidential transition. The agency head shall publish this determination in the Federal Register. Such positions shall be considered Schedule F positions for the purposes of agency actions under sections 5(d) and 6 of this order.
[…]
(b) The requirements set forth in subsection (a) of this section shall apply to currently existing positions and newly created positions.

(c) When conducting the review required by subsection (a) of this section, each agency head should give particular consideration to the appropriateness of either petitioning the Director to place in Schedule F or including in the determination published in the Federal Register, as applicable, positions whose duties include the following:

(i) substantive participation in the advocacy for or development or formulation of policy, especially:

(A) substantive participation in the development or drafting of regulations and guidance; or

(B) substantive policy-related work in an agency or agency component that primarily focuses on policy;

(ii) the supervision of attorneys;

(iii) substantial discretion to determine the manner in which the agency exercises functions committed to the agency by law;

(iv) viewing, circulating, or otherwise working with proposed regulations, guidance, executive orders, or other non-public policy proposals or deliberations generally covered by deliberative process privilege and either:

(A) directly reporting to or regularly working with an individual appointed by either the President or an agency head who is paid at a rate not less than that earned by employees at Grade 13 of the General Schedule; or

(B) working in the agency or agency component executive secretariat (or equivalent); or

(v) conducting, on the agency’s behalf, collective bargaining negotiations under chapter 71 of title 5, United States Code.

(d) The Director shall promptly determine whether to grant any petition under subsection (a) of this section. Not later than December 31 of each year, the Director shall report to the President, through the Director of the Office of Management and Budget and the Assistant to the President for Domestic Policy, concerning the number of petitions granted and denied for that year for each agency.

It looks like they expect that this would be challenged in court:

(d) If any provision of this order, or the application of any provision to any person or circumstances, is held to be invalid, the remainder of this order and the application of any of its other provisions to any other persons or circumstances shall not be affected thereby.

On October 23, 2020, OPM issued a memo with Instructions on Implementing Schedule F.

This Executive Order excepts from the competitive service positions that are of a confidential, policy-determining, policy-making, or policy-advocating character, typically filled by individuals not normally subject to replacement or change as a result of a Presidential transition. As a result of this Executive Order, such positions will be rescheduled into the newly created Schedule F and exempt from both the competitive hiring rules as well as the adverse action procedures set forth in chapter 75 of title 5 of the United States Code.
[..]
The Executive Order directs each agency head to review positions within his or her agency and identify those positions appropriately categorized as confidential, policy-determining, policy-making, or policy-advocating, and then petition OPM to place those positions in Schedule F. Agencies have 90 days to conduct a preliminary review of positions and submit petitions, with an additional 120 days to finalize that review and submit any remaining petitions.

If Biden wins, how quickly do you think this E.O. gets rescinded?
If there is a Trump second term, we expect that the wrecking ball now directed at the Civil Service will soon extend to all parts of the federal service.
Go VOTE!

American Oversight Calls on @US_OSC and @StateOIG to Investigate Pompeo’s Email Rush Before the Election #WSOS

 


 

 

 

4/22 Proclamation Suspends Entry of Immigrants For 60 Days; @StateDept Already Suspended Routine Visa Services on 3/18

 

 

State/CA released this on April 23, 2020: Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

On Wednesday, April 22, President Trump signed a proclamation suspending entry into the United States of certain immigrants who present risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak.  The proclamation is effective at 11:59 p.m. EDT on Thursday, April 23 and expires in 60 days, unless continued by the President.  

U.S. citizens, lawful permanent residents, and those holding valid immigrant visas on the effective date of the Proclamation, are not subject to the proclamation.  The Proclamation is not retroactive. No valid visas will be revoked under this Proclamation.  The proclamation provides exceptions to its restrictions for certain categories of immigrants, including: certain healthcare professionals, aliens seeking to enter the United States pursuant to an EB-5 investor visa, spouses and children (categories IR2, CR2, IR3, IH3, IR4, IH4) of U.S. citizens, members of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces, and aliens seeking to enter the United States pursuant to an Afghan and Iraqi Special Immigrant Visa.  Please refer to the proclamation for a full list of exceptions.   Routine visas services have been suspended at U.S. posts worldwide, but as resources allow, embassies and consulates will continue to provide emergency and mission critical visa services for applicants who are not subject to this presidential proclamation. 

The full text of the presidential proclamation is available on the White House website at:  

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

See immigrant visa categories here.
Per Sec 2.(b)  of the Proclamation.
The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees;  and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;

(iii)   any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

(iv)    any alien who is the spouse of a United States citizen;

(v)     any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi)    any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(vii)   any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;

(viii)  any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or

(ix)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Note that the  State Department already suspended routine visa services in most countries on March 18, 2020.

If your routine visa services are still open during this pandemic, please tell us why (Updated)

US Embassy Israel: Enhanced Screening and Quarantine For U.S. Citizens, and Other Foreign Travelers

On March 10, 2020, the US Embassy in Israel issued a Health Alert noting that effective Thursday, March 12, 2020, at 20:00 (Israel time) foreign travelers, including U.S. citizens, arriving from any country will be required to remain in home quarantine until 14 days have passed since the date of entry into Israel.  It notes further that travelers should be prepared for travel restrictions to be put into effect with little or no advance notice:

Location:  Israel, the West Bank, and Gaza

Event:  The Government of Israel has implemented enhanced screening and quarantine measures for travelers arriving to Israel to reduce the spread of COVID-19.  Effective Thursday, March 12, 2020, at 20:00 (Israel time), foreign travelers, including U.S. citizens, from locations in the United States and all other countries aside from those listed below will be required to remain in home quarantine until 14 days have passed since the date of entry; non-Israeli residents will be required to prove they have the means to self-quarantine to be admitted into Israel.  This restriction is immediate for Israeli citizens and residents.  Hotels may refuse to honor reservations for individuals in quarantine.  Transportation options from the airport to any location may be limited.  Restrictions are continually being updated by the Government of Israel.

The Israeli Population and Immigration Authority will deny entry to any person who is not an Israeli resident or citizen who has traveled in the last 14 days to:

    • China, South Korea, Italy, Iran, Iraq, Syria, and Lebanon (applies to connecting flights in these locations)
    • Thailand, Hong Kong, Singapore, Macau, Japan, France, Germany, Switzerland, Spain, Austria, San Marino, Andorra, and Egypt (does not apply to connecting flights in these locations if you did not leave the airport)
    • Any traveler in the last 14 days who attended any gatherings of more than 100 people or an international conference.

In addition, on March 9, 2020, the Israeli Ministry of Health instructed anyone who has visited the West Bank cities of Bethlehem, Beit Jala or Beit Sahour in the last 14 days to enter home quarantine according to the Israeli Ministry of Health’s instructions.  This does not include those who have transited through those areas without stopping.

Visit the Israeli Ministry of Health’s COVID-19 website for updated information and self-quarantine instructions in Israel.  Visit the website of the Palestinian Authority Ministry of Health (available only in Arabic) for additional information on measures in the West Bank:  http://site.moh.ps/index/ArticleView/ArticleId/4839/Language/ar

Travelers should be prepared for travel restrictions to be put into effect with little or no advance notice.  Travelers may be subjected to screening at airports or ports of entry.  Flights into or out of Israel may be cancelled with little or no advance notice.

 

Iraqi Parliament Votes to Remove US Troops From Iraq, Trump Threatens With “Very Big Sanctions”

 

Cartoonists Sketch a World on the Brink #minatory2020

 

 

December 18, 2019: House Impeaches President Donald J. Trump #3rdinUShistory

 

 

Kennedy Center Honoree Linda Ronstadt Knows When Mike Pompeo Will be Loved

 

On December 8, Secretary Pompeo hosted the Kennedy Center Honors Dinner at the State Department. Excerpt from his remarks:

It doesn’t matter which political party we’re from. Art belongs to no party, no class, no gender, no age. It belongs to each and every one of us. This event’s really important. I regret that I couldn’t make it last year. I was worried in Morocco on Thursday I might not make it this year too. (Laughter.) Actually, I got a note from a couple who says, “You need to get on the plane now.” (Laughter.) It’s important because it celebrates something that we’ve all fought so hard for here in America, our prized value to express our views, our beliefs, our freedoms, our ideas. (Also see Think Tank Cancels NATO Conference After U.S. Ambassador Objects to Keynote Speaker’s Participation).
[…]
It won’t surprise you with my time in Kansas that I’m a big fan of Linda Ronstadt as well, an icon of folk and country music. Thirty albums, ten Grammys, a bestselling memoir.

And as a nod to her own ancestry, Ms. Ronstadt released a collection of traditional Mexican songs, which became the best-selling non-English-language album in all of American history.

She’s shared her musical gifts in uniquely impactful ways, including teaching music and dance to the children in Mexico.

Ms. Ronstadt, thank you and congratulations. (Applause.) And I will say my job, as I travel the world – I just want to know when I will be loved. (Laughter.) I just read them. (Laughter.)

Via Variety:


Early in the evening Pompeo, who played host, referred to the lyrics of “When I Be Loved,” one of Ronstadt’s hit songs, saying to the 200 guests gathered, “As I travel the world, I wonder when will I be loved.”

Via CNN:

Later, when Ronstadt had the opportunity to take the microphone, she delivered her response. In front of more than 200 guests, Ronstadt, who has been an outspoken critic of the Trump administration, stood up and looked straight at Pompeo’s table and said, “I’d like to say to Mr. Pompeo, who wonders when he’ll be loved, it’s when he stops enabling Donald Trump.”

Besides “I wonder when will I be loved,” Ms. Ronstadt’s numerous hits also include “You’re No Good.”
You’re welcome to sing along to either song.  It’s still a free country; ask BNET to play it for the holidays.

Impeachment Inquiry: Public Document Clearing House (Via JustSecurity)

 

 

USEU Sondland Turns Over WhatsApp Messages and Other Docs to @StateDept

 

Via Yahoo News:

The State Department waited until 12:30 a.m. on Tuesday to tell U.S. Ambassador Gordon Sondland not to show up for his scheduled deposition with three House committees later that morning, the ambassador’s lawyer told Yahoo News. Robert Luskin, Sondland’s attorney, said he got the extraordinary middle-of-the-night directive in a phone call from a State Department official he declined to identify. The official offered no explanation of the grounds on which the State Department was blocking Sondland’s appearance at the last minute.

Michael Isikoff reported that Luskin confirmed that Sondland has already turned over to the State Department WhatsApp messages, text messages and other documents in his possession relevant to the House investigation.
Also, which State Department official made the call to Sondland at 12:30 a.m.? Curious people wants to know.