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The Inside Story of DOGE’s State Department Reforms
Politics
The Inside Story of DOGE’s State Department Reforms
A radical shift in paradigm and power is afoot at Foggy Bottom.
The DOGE tsunami is about to strike the U.S. Department of State, as well as other agencies. Let’s see what that means.
The day the music died was January 28, when nearly everyone at State, along with over two million other federal civilian employees, received an email referring to “A Fork in the Road.” The email offered qualifying diplomats and civil servants a choice ahead of planned Reductions in Force (RIFs, layoffs): resign now under a special program, don’t come to work for a few months while being paid, and then in September become eligible for whatever retirement benefits you would otherwise be eligible for, if any. State offers its diplomats a full retirement with pension after age 50 and 20 years of service, similar to the military, and after 30 years for civil servants, all with exceptions of course.
Despite the general sense that the buyout was some sort of trick (workers questioned what legal authority allowed State and other federal agencies to pay people who technically resigned, then bring them back into the system to retire), across the government some 77,000 people signed up for the deal before it was brought to a pause by court action. For those with a long way toward formal retirement, it seemed like good enough; ahead of being RIFed, they’d pocket some seven months’ salary on top of whatever severance package might await them when actually let go. The Fork program, as it was commonly now called (alongside the new expression “to get forked”), acquired a formal name, “deferred resignation,” and the paid time off without working became “administrative leave.” An involuntary retirement is called the Orwellian “Discontinued Service Retirement.”
The American Federation of Government Employees (AFGE) and others sued to block the “deferred resignation” program, arguing that its chaotic rollout and shifting legal justifications constituted violations of the Administrative Procedure Act’s protections against “arbitrary and capricious” decision-making, and the promise to pay employees past the March 14 possible government shutdown deadline could constitute an Anti-Deficiency Act violation.
On February 12 the federal judge who had temporarily blocked the plan reversed course, ending the temporary restraining order upon concluding he lacked jurisdiction in the case. The deferred resignations would be allowed to go forward (though the sign-up deadline has now passed) reducing headcount at State and other federal agencies if everything went as planned. In his decision, U.S. District Judge George O’Toole wrote that the unions’ challenges are of the type Congress “intended for review within the statutory scheme,” referring to the need to file administrative appeals before going to court. There were doubts the Trump administration would or legally could follow through as stated. Everett Kelley, president of the American Federation of Government Employees, called the plan “an unfunded IOU from Elon Musk.”
Then things started to get really interesting at State.
Trump issued an Executive Order (EO) February 12, stating, inter alia,
The Secretary [of State] shall, consistent with applicable law, implement reforms in recruiting, performance, evaluation, and retention standards, and the programs of the Foreign Service Institute, to ensure a workforce that is committed to faithful implementation of the President’s foreign policy… In implementing the reforms identified in this section, the Secretary shall, consistent with applicable law, revise or replace the Foreign Affairs Manual and direct subordinate agencies to remove, amend, or replace any handbooks, procedures, or guidance…. Failure to faithfully implement the President’s policy is grounds for professional discipline, including separation.
Many at State read this as implementation of a “loyalty test” for continued employment. The full scope of the EO will depend on the actual steps taken after its signing, especially the admonition to revise or replace the Foreign Affairs Manual, the set of rules State functions under administratively and policy-wise. It could pave the way for a massive restructuring of State, consolidating power under political appointees and away from diplomatic staff.
Then things got really interesting.
Nearly concurrent with the February 12 EO, Foggy Bottom HQ sent out a message to all embassies and consulates warning outposts around the world to start planning for staff reductions, according to ABC News. Senior embassy officials were asked to provide comprehensive lists of all employees and their employment status as part of the process, sources said, explaining that the request includes tenured, untenured, and temporary duty assignments. Embassies will be required to cut both American staff and employees hired locally, sources added.
The edicts followed a Rubio’s decision not to extend contracts for civilian personnel services contractors (PSC) who provide housekeeping and maintenance at embassies. But PSCs also supplement diplomatic security; roughly half of the Bureau of Diplomatic Security’s contractors fall under the new directive. Contracts in the process of being signed are to be halted and any job postings made after the inauguration of Donald Trump are to be rescinded. Only State’s domestic passport PSC operations staff are exempted (a smart move in that it limits direct public impact from an otherwise nearly totally foreign-facing organization.)
Trump wasn’t finished. In another EO, he declared,
Agency Heads shall promptly undertake preparations to initiate large-scale reductions in force (RIFs), consistent with applicable law, and to separate from Federal service temporary employees and reemployed annuitants working in areas that will likely be subject to the RIFs. All offices that perform functions not mandated by statute or other law shall be prioritized in the RIFs, including all agency diversity, equity, and inclusion initiatives; all agency initiatives, components, or operations that my Administration suspends or closes; and all components and employees performing functions not mandated by statute or other law who are not typically designated as essential during a lapse in appropriations as provided in the Agency Contingency Plans on the Office of Management and Budget website. This subsection shall not apply to functions related to public safety, immigration enforcement, or law enforcement.
The uniformed military and postal service employees are also exempt.
That means State, along with other agencies, is going to have to soon start firing people.
The EO led directly to State’s diplomatic union issuing an urgent message to its members, explaining,
Agencies have 30 days to submit reorganization plans to the Office of Management and Budget (OMB). The implementation of these plans will include RIFs. The executive order does not specify when RIFs will begin… Section 611 of the Foreign Service Act allows for RIFs. This section also requires the creation of rules for letting go of career and career candidate members under Chapter 3 of the Act. The regulations note that the retention hierarchy in the event of a RIF should be based on the following: organizational changes; employee knowledge, skills, or competencies; tenure of employment; employee performance, and military preference.
Regulations allow for 120 days notice to the RIFed employee though note under some special circumstances the notice need be only 30 days. They go on to say while an employee may file a grievance against the RIF, the grievance will not delay separation and is limited only to cases of reprisal, interference in the conduct of the member’s official duties or similarly inappropriate use of RIF authority. The current understanding is that RIFed employees, if otherwise eligible, can receive their retirement pensions. Ineligible RIFed employees will likely lose their healthcare and life insurance as best as things are understood. But this is far from over and no one knows how it will end.
“We do need to delete entire agencies, as opposed to leave part of them behind. Just leave part of them behind. It’s easy. It’s kind of like leaving a weed,” Elon Musk said. “If you don’t remove the roots of the weed, then it’s easy for the weed to grow back.”
Everything is in flux at present and no one should make any decisions based on this or any other article. But what is clear is that this time Trump means business. Unlike the small-scale RIF which took place at State during the Clinton administration, this time it’s for real, a seemingly determined effort to downsize the State Department both at home and abroad while at the same time likely increasing the authority of political appointees. It is both a paradigm shift and a power shift away from a more-or-less independent State Department (and other agencies) toward a concentration of power higher in the executive branch.
The post The Inside Story of DOGE’s State Department Reforms appeared first on The American Conservative.
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