Protecting the Federal Workforce, 7231-7233 [2021-01924]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Presidential Documents]
[Pages 7231-7233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01924]




                        Presidential Documents 



Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / 
Presidential Documents

[[Page 7231]]


                Executive Order 14003 of January 22, 2021

                
Protecting the Federal Workforce

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. Career civil servants are the 
                backbone of the Federal workforce, providing the 
                expertise and experience necessary for the critical 
                functioning of the Federal Government. It is the policy 
                of the United States to protect, empower, and rebuild 
                the career Federal workforce. It is also the policy of 
                the United States to encourage union organizing and 
                collective bargaining. The Federal Government should 
                serve as a model employer.

                Sec. 2. Revocation of Schedule F. (a) The creation of a 
                new Schedule F excepted service category in Executive 
                Order 13957 of October 21, 2020 (Creating Schedule F in 
                the Excepted Service), not only was unnecessary to the 
                conditions of good administration, but also undermined 
                the foundations of the civil service and its merit 
                system principles, which were essential to the 
                Pendleton Civil Service Reform Act of 1883's 
                repudiation of the spoils system. Accordingly, to 
                enhance the efficiency of the civil service and to 
                promote good administration and systematic application 
                of merit system principles, Executive Order 13957 is 
                hereby revoked.

                    (b) The heads of all executive departments and 
                agencies (agencies) shall, consistent with law, 
                immediately suspend, revise, or rescind proposed 
                actions, decisions, petitions, rules, regulations or 
                other guidance pursuant to, or to effectuate, Executive 
                Order 13957. The Director of the Office of Personnel 
                Management (OPM) shall immediately cease processing or 
                granting any petitions that seek to convert positions 
                to Schedule F or to create new positions in Schedule F.

                Sec. 3. Revocation of Certain Presidential and 
                Regulatory Actions. (a) Executive Order 13836 of May 
                25, 2018 (Developing Efficient, Effective, and Cost-
                Reducing Approaches to Federal Sector Collective 
                Bargaining), is hereby revoked. The Interagency Labor 
                Relations Working Group is hereby disbanded and the 
                Director of OPM shall withdraw all materials issued by 
                this working group that are inconsistent with the 
                policy set forth in section 1 of this order.

                    (b) Executive Order 13837 of May 25, 2018 (Ensuring 
                Transparency, Accountability, and Efficiency in 
                Taxpayer-Funded Union Time Use), is hereby revoked.
                    (c) Executive Order 13839 of May 25, 2018 
                (Promoting Accountability and Streamlining Removal 
                Procedures Consistent with Merit System Principles), is 
                hereby revoked.
                    (d) The Presidential Memorandum of October 11, 2019 
                (Executive Orders 13836, 13837, and 13839), is hereby 
                revoked.
                    (e) The heads of agencies whose practices were 
                covered by Executive Orders 13836, 13837, and 13839 
                (affected agencies) shall review and identify existing 
                agency actions related to or arising from those orders. 
                Such actions include:

(i) Actions related to the authorization of union time described in 
sections 4(b) and 5(b) of Executive Order 13837;

(ii) Actions related to the system for monitoring the use of union time 
described in section 5(c) of Executive Order 13837;

[[Page 7232]]

(iii) Guidance promulgated pursuant to section 7(d) of Executive Order 
13837;

(iv) Actions taken pursuant to section 8 of Executive Order 13837;

(v) Revisions to discipline and unacceptable performance policies, 
including ones codified in bargaining agreements, issued pursuant to 
section 7(b) of Executive Order 13839; and

(vii) The final rule entitled ``Probation on Initial Appointment to a 
Competitive Position, Performance-Based Reduction in Grade and Removal 
Actions and Adverse Actions,'' 85 Fed. Reg. 65940 (October 16, 2020).

                    (f) The heads of affected agencies shall, as soon 
                as practicable, suspend, revise, or rescind, or publish 
                for notice and comment proposed rules suspending, 
                revising, or rescinding, the actions identified in the 
                review described in subsection (e) of this section, as 
                appropriate and consistent with applicable law and the 
                policy set forth in section 1 of this order.

                Sec. 4. Ensuring the Right to Engage in Collective 
                Bargaining. The head of each agency subject to the 
                provisions of chapter 71 of title 5, United States 
                Code, shall elect to negotiate over the subjects set 
                forth in 5 U.S.C. 7106(b)(1) and shall instruct 
                subordinate officials to do the same.

                Sec. 5. Progress Toward a Living Wage for Federal 
                Employees. The Director of OPM shall provide a report 
                to the President with recommendations to promote a $15/
                hour minimum wage for Federal employees.

                Sec. 6. Severability. If any provision of this order, 
                or the application of such provision to any person or 
                circumstance, is held to be invalid, the remainder of 
                this order and the application of such provision to 
                other persons or circumstances shall not be affected 
                thereby.

                Sec. 7. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 7233]]

                    (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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 22, 2021.

[FR Doc. 2021-01924
Filed 1-26-21; 8:45 am]
Billing code 3295-F1-P