Executive Order 13842-Establishing an Exception to Competitive Examining Rules for Appointment to Certain Positions in the United States Marshals Service, Department of Justice
Issued 2018-07-10 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This executive order changes how the U.S. Marshals Service hires Deputy U.S. Marshals and Criminal Investigators. Instead of using the standard competitive examination process that most federal jobs require, these positions are moved to what's called "Schedule B" of the excepted service. This means the Marshals Service can hire people for these jobs more quickly and without the usual competitive testing procedures, similar to hiring authority that other federal law enforcement agencies already have.
The order allows people hired under this new system to become permanent career employees after completing three years of satisfactory service, at which point they can be converted to regular career appointments without going through a competitive process. However, this special hiring authority cannot be used for confidential positions, policy-making roles, or Senior Executive Service positions. The Office of Personnel Management will create regulations to implement these changes, and people hired this way must still meet basic qualification standards for their job and grade level.
The stated purpose is to help the U.S. Marshals Service compete better in recruiting qualified candidates, retain employees in certain locations, and fill job openings more quickly to meet law enforcement needs. The order invokes the President's authority under the Constitution and federal law governing civil service appointments.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13842 ("Executive Order 13842-Establishing an Exception to Competitive Examining Rules for Appointment to Certain Positions in the United States Marshals Service, Department of Justice") restructures or establishes federal entities. The President has authority to manage the executive branch under Article II, including creating task forces, councils, and working groups within the White House. However, creating independent agencies with binding regulatory authority, or fundamentally restructuring congressionally created departments, typically requires legislative authorization.
The Reorganization Act historically provided a framework for executive reorganization subject to congressional review. Current reorganization authority is more limited. The constitutionality depends on whether this order creates White House advisory bodies (acceptable) or attempts to restructure agencies in ways that conflict with their enabling statutes (questionable).
Official Summary
Administration of Donald J. Trump, 2018 Executive Order 13842—Establishing an Exception to Competitive Examining Rules for Appointment to Certain Positions in the United States Marshals Service, Department of Justice July 10, 2018 By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 3301 and 3302 of title 5, United States Code, it is hereby ordered as follows: Section 1 . Providing Appointment Authority . (a) Good administration of the executive branch necessitates that the U.S. Marshals Service (USMS), a component of the Department of Justice, have a hiring authority that is currently available to other Federal law enforcement agencies and that would, among other things, enable the USMS to be competitive in recruiting high-quality Deputy U.S. Marshals and Criminal Investigators, to better hire and retain qualified individuals in certain duty locations, and to more expeditiously fill vacant positions consistent with law enforcement needs. Accordingly, it is appropriate to place Deputy U.S. Marshals and Criminal Investigators of the USMS in Schedule B of the excepted service, as it is impracticable to hold open competition or to apply usual competitive examining procedures for those positions related to Federal