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[Federal Register Volume 90, Number 19 (Thursday, January 30, 2025)]
[Presidential Documents]
[Pages 8481-8482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02042]



                        Presidential Documents 



Federal Register / Vol. 90, No. 19 / Thursday, January 30, 2025 / 
Presidential Documents

[[Page 8481]]

                Memorandum of January 20, 2025

                
Restoring Accountability for Career Senior 
                Executives

                Memorandum for the Heads of Executive Departments and 
                Agencies

                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;
                    (c) 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;

[[Page 8482]]

                    (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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 20, 2025

[FR Doc. 2025-02042
Filed 1-29-25; 8:45 am]
Billing code 3395-F4-P
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