Executive Order on RIFs coming today

[Anonymous]

Anonymous wrote:

Anonymous wrote:Meh only Congress can RIF. Waiting for the court ruling in 3,2,1…

You are wrong. Please be more careful in making pronouncements that are wrong and that others might rely upon.

Based on OPM's website (that has been in place for ages, not some "new" version of regs)...

The Agency's Right to Make RIF Decisions
Each agency has the right to decide what positions are abolished, whether a RIF is necessary, and when the RIF will take place. Once the agency makes these decisions, the retention regulations then determine which employee is actually reached for a RIF action.

https://www.opm.gov/policy-data-oversight/workforce-restructuring/reductions-in-force/#url=Summary

In any case, it is up the agency, not OPM or some arbitrary Presidential desire.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Meh only Congress can RIF. Waiting for the court ruling in 3,2,1…

Yes, RIFs are governed by specific statutes. They don’t just happen because a President arbitrarily orders them.

The basis for NO Reduction in Force (RIF) without a reduction in funding primarily stems from federal appropriations law and Office of Personnel Management (OPM) regulations governing RIF procedures. Here are the key legal foundations:

1. Appropriations Clause of the U.S. Constitution
• Article I, Section 9, Clause 7: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”
• This means the Executive Branch cannot eliminate federally funded positions without congressional authorization unless the appropriated funds are insufficient to sustain them.

2. Federal Personnel and RIF Laws
• 5 U.S.C. § 3502 (Retention Preferences and RIF Regulations)
• Establishes the legal framework for RIFs, stating that they occur when there is a “lack of work, shortage of funds, or reorganization.”
• Without a shortage of funds, agencies cannot conduct RIFs simply for management convenience unless Congress authorizes a restructuring.
• 5 C.F.R. Part 351 (OPM RIF Regulations)
• Defines RIF procedures, specifying that an agency must justify the RIF based on lack of work, shortage of funds, reorganization, or the exercise of a reemployment right.
• Agencies must follow these regulations when separating, demoting, or reassigning employees.

3. Impoundment Control Act of 1974 (2 U.S.C. § 681 et seq.)
• Prevents the Executive Branch from withholding or delaying congressionally appropriated funds without approval from Congress.
• The White House cannot refuse to use allocated agency funds to force layoffs unless Congress explicitly rescinds or reduces those funds.

4. Antideficiency Act (31 U.S.C. § 1341)
• Prohibits government officials from making financial commitments exceeding available appropriations.
• If an agency is fully funded, ordering a RIF without a funding shortage could be seen as an unlawful refusal to execute appropriated funds.

5. Federal Vacancies Reform Act (5 U.S.C. §§ 3345–3349d)
• Limits the President’s ability to bypass Senate-confirmed leadership and appoint temporary officials who could otherwise attempt to execute mass layoffs without proper authority.

Bottom Line:
• RIFs require a legal basis—either a funding shortfall, reorganization, or lack of work.
• If Congress has fully funded an agency, the White House cannot unilaterally RIF employees unless:
1. Congress authorizes a reorganization (e.g., through specific legislation).
2. The agency faces a legitimate shortage of work (not just a preference for downsizing).
3. Funds are rescinded or restricted by law (requiring a congressional act).

In summary, a lack of reduced funding means an agency has no statutory basis to RIF employees unless Congress explicitly permits it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Meh only Congress can RIF. Waiting for the court ruling in 3,2,1…

Yes, RIFs are governed by specific statutes. They don’t just happen because a President arbitrarily orders them.

The basis for NO Reduction in Force (RIF) without a reduction in funding primarily stems from federal appropriations law and Office of Personnel Management (OPM) regulations governing RIF procedures. Here are the key legal foundations:

1. Appropriations Clause of the U.S. Constitution
• Article I, Section 9, Clause 7: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”
• This means the Executive Branch cannot eliminate federally funded positions without congressional authorization unless the appropriated funds are insufficient to sustain them.

2. Federal Personnel and RIF Laws
• 5 U.S.C. § 3502 (Retention Preferences and RIF Regulations)
• Establishes the legal framework for RIFs, stating that they occur when there is a “lack of work, shortage of funds, or reorganization.”
• Without a shortage of funds, agencies cannot conduct RIFs simply for management convenience unless Congress authorizes a restructuring.
• 5 C.F.R. Part 351 (OPM RIF Regulations)
• Defines RIF procedures, specifying that an agency must justify the RIF based on lack of work, shortage of funds, reorganization, or the exercise of a reemployment right.
• Agencies must follow these regulations when separating, demoting, or reassigning employees.

3. Impoundment Control Act of 1974 (2 U.S.C. § 681 et seq.)
• Prevents the Executive Branch from withholding or delaying congressionally appropriated funds without approval from Congress.
• The White House cannot refuse to use allocated agency funds to force layoffs unless Congress explicitly rescinds or reduces those funds.

4. Antideficiency Act (31 U.S.C. § 1341)
• Prohibits government officials from making financial commitments exceeding available appropriations.
• If an agency is fully funded, ordering a RIF without a funding shortage could be seen as an unlawful refusal to execute appropriated funds.

5. Federal Vacancies Reform Act (5 U.S.C. §§ 3345–3349d)
• Limits the President’s ability to bypass Senate-confirmed leadership and appoint temporary officials who could otherwise attempt to execute mass layoffs without proper authority.

Bottom Line:
• RIFs require a legal basis—either a funding shortfall, reorganization, or lack of work.
• If Congress has fully funded an agency, the White House cannot unilaterally RIF employees unless:
1. Congress authorizes a reorganization (e.g., through specific legislation).
2. The agency faces a legitimate shortage of work (not just a preference for downsizing).
3. Funds are rescinded or restricted by law (requiring a congressional act).

In summary, a lack of reduced funding means an agency has no statutory basis to RIF employees unless Congress explicitly permits it.

Can you ELI5?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Meh only Congress can RIF. Waiting for the court ruling in 3,2,1…

Yes, RIFs are governed by specific statutes. They don’t just happen because a President arbitrarily orders them.

The basis for NO Reduction in Force (RIF) without a reduction in funding primarily stems from federal appropriations law and Office of Personnel Management (OPM) regulations governing RIF procedures. Here are the key legal foundations:

1. Appropriations Clause of the U.S. Constitution
• Article I, Section 9, Clause 7: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”
• This means the Executive Branch cannot eliminate federally funded positions without congressional authorization unless the appropriated funds are insufficient to sustain them.

2. Federal Personnel and RIF Laws
• 5 U.S.C. § 3502 (Retention Preferences and RIF Regulations)
• Establishes the legal framework for RIFs, stating that they occur when there is a “lack of work, shortage of funds, or reorganization.”
• Without a shortage of funds, agencies cannot conduct RIFs simply for management convenience unless Congress authorizes a restructuring.
• 5 C.F.R. Part 351 (OPM RIF Regulations)
• Defines RIF procedures, specifying that an agency must justify the RIF based on lack of work, shortage of funds, reorganization, or the exercise of a reemployment right.
• Agencies must follow these regulations when separating, demoting, or reassigning employees.

3. Impoundment Control Act of 1974 (2 U.S.C. § 681 et seq.)
• Prevents the Executive Branch from withholding or delaying congressionally appropriated funds without approval from Congress.
• The White House cannot refuse to use allocated agency funds to force layoffs unless Congress explicitly rescinds or reduces those funds.

4. Antideficiency Act (31 U.S.C. § 1341)
• Prohibits government officials from making financial commitments exceeding available appropriations.
• If an agency is fully funded, ordering a RIF without a funding shortage could be seen as an unlawful refusal to execute appropriated funds.

5. Federal Vacancies Reform Act (5 U.S.C. §§ 3345–3349d)
• Limits the President’s ability to bypass Senate-confirmed leadership and appoint temporary officials who could otherwise attempt to execute mass layoffs without proper authority.

Bottom Line:
• RIFs require a legal basis—either a funding shortfall, reorganization, or lack of work.
• If Congress has fully funded an agency, the White House cannot unilaterally RIF employees unless:
1. Congress authorizes a reorganization (e.g., through specific legislation).
2. The agency faces a legitimate shortage of work (not just a preference for downsizing).
3. Funds are rescinded or restricted by law (requiring a congressional act).

In summary, a lack of reduced funding means an agency has no statutory basis to RIF employees unless Congress explicitly permits it.

Thank you.

[Anonymous]

I mean, they are using RIFs to evade spending/programs that Congress has appropriated and asked the agencies to do. So there are separation of powers issues here. We're in uncharted waters.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Meh only Congress can RIF. Waiting for the court ruling in 3,2,1…

Yes, RIFs are governed by specific statutes. They don’t just happen because a President arbitrarily orders them.

The basis for NO Reduction in Force (RIF) without a reduction in funding primarily stems from federal appropriations law and Office of Personnel Management (OPM) regulations governing RIF procedures. Here are the key legal foundations:

1. Appropriations Clause of the U.S. Constitution
• Article I, Section 9, Clause 7: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”
• This means the Executive Branch cannot eliminate federally funded positions without congressional authorization unless the appropriated funds are insufficient to sustain them.

2. Federal Personnel and RIF Laws
• 5 U.S.C. § 3502 (Retention Preferences and RIF Regulations)
• Establishes the legal framework for RIFs, stating that they occur when there is a “lack of work, shortage of funds, or reorganization.”
• Without a shortage of funds, agencies cannot conduct RIFs simply for management convenience unless Congress authorizes a restructuring.
• 5 C.F.R. Part 351 (OPM RIF Regulations)
• Defines RIF procedures, specifying that an agency must justify the RIF based on lack of work, shortage of funds, reorganization, or the exercise of a reemployment right.
• Agencies must follow these regulations when separating, demoting, or reassigning employees.

3. Impoundment Control Act of 1974 (2 U.S.C. § 681 et seq.)
• Prevents the Executive Branch from withholding or delaying congressionally appropriated funds without approval from Congress.
• The White House cannot refuse to use allocated agency funds to force layoffs unless Congress explicitly rescinds or reduces those funds.

4. Antideficiency Act (31 U.S.C. § 1341)
• Prohibits government officials from making financial commitments exceeding available appropriations.
• If an agency is fully funded, ordering a RIF without a funding shortage could be seen as an unlawful refusal to execute appropriated funds.

5. Federal Vacancies Reform Act (5 U.S.C. §§ 3345–3349d)
• Limits the President’s ability to bypass Senate-confirmed leadership and appoint temporary officials who could otherwise attempt to execute mass layoffs without proper authority.

Bottom Line:
• RIFs require a legal basis—either a funding shortfall, reorganization, or lack of work.
• If Congress has fully funded an agency, the White House cannot unilaterally RIF employees unless:
1. Congress authorizes a reorganization (e.g., through specific legislation).
2. The agency faces a legitimate shortage of work (not just a preference for downsizing).
3. Funds are rescinded or restricted by law (requiring a congressional act).

In summary, a lack of reduced funding means an agency has no statutory basis to RIF employees unless Congress explicitly permits it.

I love you!

[Anonymous]

Anonymous wrote:It seems like Leon knows his illegal Fork You offer is going to get oveturned.

Maybe it was all just a fishing expedition to begin with. Glad I didn't fall for it, but feel for the people who did. What DOGE with making that offer should be illegal.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Meh only Congress can RIF. Waiting for the court ruling in 3,2,1…

Yes, RIFs are governed by specific statutes. They don’t just happen because a President arbitrarily orders them.

The basis for NO Reduction in Force (RIF) without a reduction in funding primarily stems from federal appropriations law and Office of Personnel Management (OPM) regulations governing RIF procedures. Here are the key legal foundations:

1. Appropriations Clause of the U.S. Constitution
• Article I, Section 9, Clause 7: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”
• This means the Executive Branch cannot eliminate federally funded positions without congressional authorization unless the appropriated funds are insufficient to sustain them.

2. Federal Personnel and RIF Laws
• 5 U.S.C. § 3502 (Retention Preferences and RIF Regulations)
• Establishes the legal framework for RIFs, stating that they occur when there is a “lack of work, shortage of funds, or reorganization.”
• Without a shortage of funds, agencies cannot conduct RIFs simply for management convenience unless Congress authorizes a restructuring.
• 5 C.F.R. Part 351 (OPM RIF Regulations)
• Defines RIF procedures, specifying that an agency must justify the RIF based on lack of work, shortage of funds, reorganization, or the exercise of a reemployment right.
• Agencies must follow these regulations when separating, demoting, or reassigning employees.

3. Impoundment Control Act of 1974 (2 U.S.C. § 681 et seq.)
• Prevents the Executive Branch from withholding or delaying congressionally appropriated funds without approval from Congress.
• The White House cannot refuse to use allocated agency funds to force layoffs unless Congress explicitly rescinds or reduces those funds.

4. Antideficiency Act (31 U.S.C. § 1341)
• Prohibits government officials from making financial commitments exceeding available appropriations.
• If an agency is fully funded, ordering a RIF without a funding shortage could be seen as an unlawful refusal to execute appropriated funds.

5. Federal Vacancies Reform Act (5 U.S.C. §§ 3345–3349d)
• Limits the President’s ability to bypass Senate-confirmed leadership and appoint temporary officials who could otherwise attempt to execute mass layoffs without proper authority.

Bottom Line:
• RIFs require a legal basis—either a funding shortfall, reorganization, or lack of work.
• If Congress has fully funded an agency, the White House cannot unilaterally RIF employees unless:
1. Congress authorizes a reorganization (e.g., through specific legislation).
2. The agency faces a legitimate shortage of work (not just a preference for downsizing).
3. Funds are rescinded or restricted by law (requiring a congressional act).

In summary, a lack of reduced funding means an agency has no statutory basis to RIF employees unless Congress explicitly permits it.

Can you ELI5?

There needs be an actual deficiency in funds (eg, lack of appropriations, work the generates fees) before an agency can undertake a RIF.

[Anonymous]

So glad they’re getting rid of useless government spending!

[Anonymous]

Oh, good long post. Didn't see it before I posted.

[Anonymous]

This EO would be DOA.

[Anonymous]

As of March 14th, there is likely be a "funding shortfall."

The RIF EO supposedly directs agencies to remove any activities that are not specifically required by statute. Of course, that could be read broadly or narrowly. But, it gives agencies plenty of leeway to determine that a reorganization is needed.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Meh only Congress can RIF. Waiting for the court ruling in 3,2,1…

Yes, RIFs are governed by specific statutes. They don’t just happen because a President arbitrarily orders them.

The basis for NO Reduction in Force (RIF) without a reduction in funding primarily stems from federal appropriations law and Office of Personnel Management (OPM) regulations governing RIF procedures. Here are the key legal foundations:

1. Appropriations Clause of the U.S. Constitution
• Article I, Section 9, Clause 7: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”
• This means the Executive Branch cannot eliminate federally funded positions without congressional authorization unless the appropriated funds are insufficient to sustain them.

2. Federal Personnel and RIF Laws
• 5 U.S.C. § 3502 (Retention Preferences and RIF Regulations)
• Establishes the legal framework for RIFs, stating that they occur when there is a “lack of work, shortage of funds, or reorganization.”
• Without a shortage of funds, agencies cannot conduct RIFs simply for management convenience unless Congress authorizes a restructuring.
• 5 C.F.R. Part 351 (OPM RIF Regulations)
• Defines RIF procedures, specifying that an agency must justify the RIF based on lack of work, shortage of funds, reorganization, or the exercise of a reemployment right.
• Agencies must follow these regulations when separating, demoting, or reassigning employees.

3. Impoundment Control Act of 1974 (2 U.S.C. § 681 et seq.)
• Prevents the Executive Branch from withholding or delaying congressionally appropriated funds without approval from Congress.
• The White House cannot refuse to use allocated agency funds to force layoffs unless Congress explicitly rescinds or reduces those funds.

4. Antideficiency Act (31 U.S.C. § 1341)
• Prohibits government officials from making financial commitments exceeding available appropriations.
• If an agency is fully funded, ordering a RIF without a funding shortage could be seen as an unlawful refusal to execute appropriated funds.

5. Federal Vacancies Reform Act (5 U.S.C. §§ 3345–3349d)
• Limits the President’s ability to bypass Senate-confirmed leadership and appoint temporary officials who could otherwise attempt to execute mass layoffs without proper authority.

Bottom Line:
• RIFs require a legal basis—either a funding shortfall, reorganization, or lack of work.
• If Congress has fully funded an agency, the White House cannot unilaterally RIF employees unless:
1. Congress authorizes a reorganization (e.g., through specific legislation).
2. The agency faces a legitimate shortage of work (not just a preference for downsizing).
3. Funds are rescinded or restricted by law (requiring a congressional act).

In summary, a lack of reduced funding means an agency has no statutory basis to RIF employees unless Congress explicitly permits it.

Ooh, thank you!

[Anonymous]

So if Dems force a shutdown where Trump
Just use that as leverage to RIF (ie, remove all non-essential employees)? I think that’s where this is headed sadly

[Anonymous]

^would