Memorandum on the Federal Civilian Employee Hiring Freeze
Issued 2017-01-23 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This memorandum froze the hiring of federal civilian employees across the executive branch, starting at noon on January 22, 2017. Under the freeze, vacant positions could not be filled and no new positions could be created, except in limited circumstances. Military personnel were not affected. Department and agency heads could exempt positions deemed necessary for national security or public safety, and the Director of the Office of Personnel Management could grant other necessary exemptions. The freeze applied to all executive departments and agencies regardless of their funding sources.
The action affected federal civilian workers and the agencies that employ them. It did not limit presidential appointments, Senate-confirmed positions, senior executive positions, or other officials serving at the pleasure of the appointing authority. Existing employees kept their jobs, and the freeze did not change any collective bargaining agreements already in effect.
The memorandum directed the Office of Management and Budget to develop a long-term plan within 90 days to reduce the federal workforce through attrition, and the freeze would end once that plan was implemented. According to the constitutional assessment included in the source data, there is a legal question about whether this type of action conflicts with the Impoundment Control Act of 1974 and Congress's constitutional power over spending, though the memorandum states agencies should ensure essential services continue and national security is maintained.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This memorandum ("Memorandum on the Federal Civilian Employee Hiring Freeze") directs the withholding, freezing, or delayed spending of congressionally appropriated funds. The stated rationale: "that essential services are not interrupted and national security is not affected." The Impoundment Control Act of 1974 specifically prohibits this type of action. Congress passed that law in response to President Nixon's refusal to spend appropriated funds, and it remains the governing framework today.
The power of the purse belongs to Congress under Article I, Section 9. When money is appropriated by law, the executive branch is obligated to spend it as directed. A memorandum directing agencies to withhold, pause, or slow-walk spending conflicts with this constitutional structure. Courts have consistently sided with Congress in impoundment disputes.
Official Summary
Administration of Donald J. Trump, 2017 Memorandum on the Federal Civilian Employee Hiring Freeze January 23, 2017 Memorandum for the Heads of Executive Departments and Agencies Subject: Hiring Freeze By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order a freeze on the hiring of Federal civilian employees to be applied across the board in the executive branch. As part of this freeze, no vacant positions existing at noon on January 22, 2017, may be filled and no new positions may be created, except in limited circumstances. This order does not include or apply to military personnel. The head of any executive department or agency may exempt from the hiring freeze any positions that it deems necessary to meet national security or public safety responsibilities. In addition, the Director of the Office of Personnel Management (OPM) may grant exemptions from this freeze where those exemptions are otherwise necessary. Within 90 days of the date of this memorandum, the Director of the Office of Management and Budget (OMB), in consultation with the Director of OPM, shall recommend a long-term plan to reduce the size of the Federal Government's workforce through attrition. This order shall expire upon