Executive Order on RIFs coming today

[Anonymous]

Anonymous wrote:I wonder if the people who are doing this realize how much of the government is not in DC. I'm at the IRS, we have just over 2% in our DC headquarters, but over 10% in Missouri, then Texas, Tennessee, Utah, newest small offices were all placed in Mississippi. They would lose a lot more good government jobs in these places than DC.

Can they target just the DC metro area? It’s all about red meat for their base.

[Anonymous]

Anonymous wrote:

Anonymous wrote: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

This is right. Democrats always ignore the forrest for the trees. Are there regs? Yes, but a shutdown sets up the conditions where the regs won’t matter. We’re doomed by Dems mediocre, incremental, institutional thinking.

Right. So it’s the democrats fault that the ruling party has abdicated its responsibility.

[Anonymous]

Anonymous wrote:I wonder if the people who are doing this realize how much of the government is not in DC. I'm at the IRS, we have just over 2% in our DC headquarters, but over 10% in Missouri, then Texas, Tennessee, Utah, newest small offices were all placed in Mississippi. They would lose a lot more good government jobs in these places than DC.

They don’t realize. Or care enough to find out.

[Anonymous]

I work for ED. My office leader ask us all to provide an accounting of work streams tied to statue.

[Anonymous]

Anonymous wrote:did the eo come out today?

Not yet: https://www.whitehouse.gov/presidential-actions/

[Anonymous]

Anonymous wrote:I work for ED. My office leader ask us all to provide an accounting of work streams tied to statue.

Excuse my ignorance, but isn't this most, if not all work?

[Anonymous]

These rif procedures are insane. They should ask managers who could they cut with the least impacts. My employee who gets the most points would be my worst employee and the first id cut. He has terrible performance ratings too.

[Anonymous]

Anonymous wrote:These rif procedures are insane. They should ask managers who could they cut with the least impacts. My employee who gets the most points would be my worst employee and the first id cut. He has terrible performance ratings too.

If you are giving points to someone who is a retired military person due to them being a "veteran" --- you don't give points to someone who was in the military for 20 yrs unless they got out due to a military connected disability. My DH has 21 yrs in Air Force, but reading the RIF regs, he does not count as a "veteran" and he doesn't get any extra points for his years in the military. So, maybe your co-worker isn't as high on the list as it may seem.

[Anonymous]

Stupid question/-is length of service time in that job or time in federal service?

[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 like posts like this for education. But those who believe this provides any protection are so short sighted. The decision makers know all of this and have a strategy for moving forward anyway. One they’ve spent years with some pretty excellent strategists, albeit misguided IMO, laying the groundwork and making their plan. Who knows if it will work. But the statutes and regulations are meaningless when it comes to preventing harm because the courts are slow. And the strategists had to have anticipated and planned for the setbacks.

And I can’t help but think that much of America believes that efforts to save
Government workers is anything but wasteful and that these regs exist for any reason except to waste money on worthless government workers.

Anyway I do appreciate the post and I am hoping that we can recognize America when the carnage is over. And I hope my fellow Americans, particularly my fellow DMVers, don’t suffer too much in the process.

[Anonymous]

It appears he signed the order 20 minutes or so ago. If only we had federal workers who could post it so the public could read it.

[Anonymous]

dude a RIF doesn't matter if Schedule F goes through.

[Anonymous]

Waiting on link.

[Anonymous]

Well, their plan is to "increase labor supply and lower aggregate demand to fight inflation", i.e. increase unemployment. 1m+ Feds + at least as many contractors out of work with the accompanying lower spending would do that, easy peasy.

[Anonymous]

Can’t do a RIF during a funding lapse. The requirements of a shutdown furlough (which is statutory and has a ton of case law) are controlling. And can’t use a lapse in funding (govt shutdown) to justify a RIF.

https://www.opm.gov/policy-data-oversight/pay-leave/furlough-guidance/guidance-for-shutdown-furloughs.pdf