Today the Administration has signed an E.O. titled "Implementing The President’s “Department of Government Efficiency” Workforce Optimization Initiative".
This E.O. says, under Section 3 paragraph (c) Reductions in Force that (bullets and Caps added for emphasis)--
"Agency Heads shall promptly undertake preparations to initiate large-scale reductions in force (RIFs), consistent with applicable law, and to separate from Federal service
▶️ temporary employees and
▶️ reemployed annuitants
working in areas that will likely be subject to the RIFs.
All offices that perform functions not mandated by statute or other law shall be prioritized in the RIFs, including
▶️ all agency diversity, equity, and inclusion initiatives;
▶️ all agency initiatives, components, or operations that my Administration suspends or closes; and
▶️ all components and employees performing functions not mandated by statute or other law WHO ARE NOT TYPICALLY DESIGNATED AS ESSENTIAL DURING A LAPSE IN APPROPRIATIONS AS PROVIDED IN THE AGENCY CONTINGENCY PLANS on the Office of Management and Budget website.
This subsection shall not apply to functions related to public safety, immigration enforcement, or law enforcement."
In addition to the normal RIF guidance, OPM plans to "initiate rulemaking" to add "suitability criteria" that would essentially make an employee RIF eligible regardless of their score, for things listed in Section 3(d)(i)-(iv).
It goes on to say that within 30 days Agency Heads shall identify to OMB any statutes that establish the agency, or subcomponents of the agency, as statutorily required entities, and whether the agency or and subcomponents should be eliminated or consolidated. Within 240 days, the USDS (DOGE) Administrator will report to the President.
This is the timeline unless there is a stay of some sort. Now we know.
And as if to add insult to injury, this statement in Section 5, "(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." 🙄
I'm sharing so that you can be aware if what your agency tells you they are going to do doesn't follow RIF processes established by law--
▶️ The Veterans' Preference Act of 1944
▶️ Sections 3501 through 3503 of title 5, United States Code (5 U.S.C. 3501-3503)
Regulatory basis
▶️ Part 351 of title 5, Code of Federal Regulations (5 C.F.R. part 351) (https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-351)
Original LinkedIn post found at: https://www.linkedin.com/posts/shauna-weatherly_implementing-the-presidents-department-activity-7295281459848781824-577T?utm_source=share&utm_medium=member_desktop&rcm=ACoAAA6vqSABLArM73HgjpmDnYG-5LRTJXgTTYQ
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