Restoring Accountability for Career Senior Executives

Memorandums

TLDR

This executive order restructures the Senior Executive Service by increasing presidential control, mandating new performance standards, requiring agency reorganizations, and streamlining removal processes for senior career officials — fundamentally shifting the SES from an independent civil service toward a more politically responsive entity.

This memorandum focuses on restructuring the accountability and management of the Senior Executive Service (SES) within the federal government.

The memorandum grounds its authority in Article II of the Constitution, citing the Supreme Court case Seila Law LLC v. Consumer Financial Protection Bureau to emphasize that executive power is vested entirely in the President, who must ensure faithful execution of laws.

The memorandum mandates several significant changes to SES management:

  • OPM must issue new standardized SES Performance Plans within 30 days
  • Agency heads must utilize full authority to “reinvigorate” the SES system
  • Mandatory reassignment of SES members to align with the administration’s agenda
  • Dissolution and reconstitution of Executive Resources Boards (ERBs)
  • Restructuring of Performance Review Boards
  • Implementation of immediate removal procedures for underperforming SES officials

The order significantly alters the traditional SES management structure by requiring:

  • New ERBs with majority non-career officials
  • Reformed Performance Review Boards
  • Direct alignment with presidential priorities

This memorandum represents a substantial consolidation of executive control over the career civil service by:

  • Emphasizing presidential authority over SES officials
  • Streamlining removal processes
  • Centralizing performance evaluation standards

The implementation of this memorandum could lead to:

  • Reduced independence of career civil servants
  • Increased political influence over traditionally non-partisan positions
  • More rapid personnel changes in senior executive positions
  • Potential loss of institutional knowledge and expertise

While the memorandum cites constitutional authority, it may create tension between:

  • Executive branch authority
  • Merit-based civil service principles
  • Career service protection provisions

The aggressive 30-day timeline for new performance plans and immediate restructuring requirements may cause:

  • Administrative disruption
  • Potential legal challenges
  • Workforce instability

This memorandum represents a significant shift in federal workforce management, potentially transforming the traditionally independent career senior executive service into a more politically responsive entity.

ACTIONS

LITIGATION

  • 2025-02-09: 1:25-cv-00381 - The National Treasury Employees Union sued acting CFPB Director Russ Vought over his stop work order for CFPB employees and actions to dismantle CFPB. The plaintiffs allege that the actions violate separation of power and ask that Vought be enjoined from further attempts to halt CFPB’s work.
  • 2025-02-09: 1:25-cv-00380 - The National Treasury Employees Union sued acting CFPB Director Russ Vought over the access granted to DOGE-affiliated employees of employee’s personal data. The suit alleges violations of the Privacy Act and request that the court enjoin the CFPB from granting this access to members of DOGE.

January 20, 2025

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Restoring Accountability for Career Senior

Executives

Career Senior Executive Service (SES) officials are charged to “ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality,” as required by section 3131 of title 5, United States Code. SES officials have enormous influence over the functioning of the Federal Government, and thus the well-being of hundreds of millions of Americans.

As the Constitution makes clear, and as the Supreme Court of the United States has reaffirmed, “the ‘executive Power’ — all of it — is ‘vested in a President,’ who must ‘take Care that the Laws be faithfully executed.’” Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. 197, 203 (2020). “Because no single person could fulfill that responsibility alone, the Framers expected that the President would rely on subordinate officers for assistance.” Id. at 203–04.

The President’s power to remove subordinates is a core part of the Executive power vested by Article II of the Constitution and is necessary for the President to perform his duty to “take Care that the Laws be faithfully executed.” Because SES officials wield significant governmental authority, they must serve at the pleasure of the President.

Only that chain of responsibility ensures that SES officials are properly accountable to the President and the American people. If career SES officials fail to faithfully fulfill their duties to advance the needs, policies, and goals of the United States, the President must be able to rectify the situation and ensure that the entire Executive Branch faithfully executes the law. For instance, SES officials who engage in unauthorized disclosure of Executive Branch deliberations, violate the constitutional rights of Americans, refuse to implement policy priorities, or perform their duties inefficiently or negligently should be held accountable.

The President must be able to trust that the Executive Branch will work together in service of the Nation. My Administration will restore a “government of the people, by the people, for the people.” Therefore:

(a) Within 30 days of the signing of this memorandum, the Director of the Office of Personnel Management (OPM), in coordination with the Director of the Office of Management and Budget (OMB), shall issue SES Performance Plans that agencies must adopt;

(b) Agency heads, who along with their senior staff manage career SES officials as one of their core functions, shall use all available authorities to reinvigorate the SES system and prioritize accountability;

© Each agency head shall, as necessary and appropriate and consistent with the procedural requirements of section 3395 of title 5, United States Code, reassign agency SES members to ensure their knowledge, skills, abilities, and mission assignments are optimally aligned to implement my agenda;

(d) Each agency head should terminate its existing Executive Resources Board (ERB), institute a new or interim ERB, and assign senior noncareer officials to chair and serve on the board as a majority alongside career members;

(e) Each agency head should terminate its existing Performance Review Board membership and re-constitute membership with individuals committed to full enforcement of SES performance evaluations that promote and assure an SES of the highest caliber; and

(f) Any agency head who becomes aware of an SES official whose performance or continued occupancy of the position is inconsistent with either the principles reaffirmed in this Order or their duties to the Nation under section 3131 of title 5, United States Code, shall immediately take all appropriate actions, up to and including removal of that official, with the support of OPM and OMB. Restoring an accountable government workforce is a top priority of my Administration.