Providing for the Closing of Executive Departments and Agencies of the Federal Government on December 24, 2020

Overview

Purpose and Intentions

Executive Order 13965, issued by President Donald Trump on December 11, 2020, mandates the closure of executive departments and agencies of the U.S. federal government on December 24, 2020. The order gives federal employees a day off on Christmas Eve, effectively positioning it as a holiday, even though it is not officially recognized as such in the federal calendar. This decision reflects an extension of goodwill, aiming to provide government employees with an additional day to spend with families during the holiday season. It aligns with a tradition sometimes exercised by past presidents who have closed federal offices on Christmas Eve when the holiday falls on or near a weekend.

Administrative Flexibility

The order allows for a degree of flexibility by enabling the heads of various departments and agencies to determine which specific offices or parts thereof must remain operational. These provisions account for situations where national security, defense, or critical public needs demand uninterrupted functioning. This ensures that essential services aren't compromised while still extending the gesture of a day off to as many federal employees as possible.

Implementation and Compliance

The implementation of the Executive Order falls under the jurisdiction of the Director of the Office of Personnel Management (OPM). The OPM has to take actions to effectuate the closure efficiently by aligning with existing laws and statutes related to pay, leave, and government operations, such as Executive Order 11582 and relevant sections of Title 5 of the U.S. Code. This ensures that logistical and bureaucratic procedures are consistent with established frameworks governing federal employment.

Legal and Policy Implications

Constitutional and Statutory Framework

From a legal standpoint, Executive Order 13965 exercises the President's authority to govern the executive branch, as vested by the Constitution and statutory law. Although it does not create new laws, it functions within the boundaries of the President's powers to grant administrative leave and manage federal operations. The order demonstrates the President's discretion in matters regarding federal employment without significant statutory changes or legal battles involved.

Alignment with Precedents

The order notably invokes Executive Order 11582, issued by President Richard Nixon in 1971, which provides foundational guidance on treating federal holidays related to employee leave and pay. It highlights procedural continuity through linking past executive legal frameworks, ensuring the order complies with longstanding federal policies governing employee benefits, including leave entitlements.

Regulatory Adjustments

This executive order does not amend or supersede any existing laws but temporarily alters typical government operations by closing offices for a non-legislated holiday. It can be seen as a temporary regulation that affects the usual workings of the federal workforce, emphasizing the President’s capacity to adapt executive operations to fit current socio-economic contexts.

Potential Challenges

Controversial aspects might emerge from the perception of redundancy or unfairness, particularly from private-sector workers who do not receive similar holiday leniencies. Additionally, while these discretionary closures are not legally contentious, they may prompt discussions about the consistency and frequency of such closures under varying administrations.

Who Benefits

Federal Employees

The immediate and most direct beneficiaries of Executive Order 13965 are federal employees. The closure of government offices grants them an additional day of leave, which is compensated according to existing pay statutes. The provision of this holiday support reflects an acknowledgment of the employees' service, particularly under the exceptional circumstances of the COVID-19 pandemic during 2020. It can provide much-needed relief in what has been a challenging year for many workers.

National Morale and Family Life

Broader societal benefits derive from improvements to employee morale and work-life balance. By allowing federal workers an extended holiday period, the order aligns with the familial and community-centered spirit of the Christmas season, which has implications beyond the immediate workforce in fostering goodwill and potentially boosting productivity post-holidays.

Community Impact

Local economies, particularly those centered around federal employment hubs, could see a minor positive economic impact due to increases in consumer spending. With more individuals free to engage in shopping and leisure activities, retail and service sectors may experience heightened activity, however limited, considering the pandemic constraints at the time.

Who Suffers

Disrupted Services

The temporary closure of federal offices could inconvenience individuals reliant on services typically offered by government branches. This includes those needing urgent assistance or processing, such as passport renewals, social security inquiries, or other time-sensitive governmental functions. While essential services remain operative, non-critical operations face delays.

Government Contractors

Individuals in contractual engagement with the federal government may face work schedule disruptions, potentially affecting deliverables and payment timings. Contractors often do not benefit from the same leave policies as federal employees, resulting in an operational mismatch that could affect productivity and financial planning.

Economic Considerations

There might be minimal adverse economic effects due to a day's worth of unfulfilled governmental work affecting GDP output calculations slightly. These economic effects are, however, marginal and unlikely to have significant long-term ramifications but showcase the delicate balance between holiday policy and economic output in public administration.

Historical Context

Presidential Precedents

The closing of federal offices on Christmas Eve is not unprecedented. Past presidents have occasionally exercised similar executive discretion to close government offices around the holiday season. This gesture, while modest in legislative bearing, historically underscores presidential goodwill and consideration toward federal employees. Executive Order 13965 situates itself within this tradition as a practical but politically neutral policy move.

Christmas Eve and Federal Recognition

The tradition of recognizing Christmas Eve with office closures accentuates the cultural importance of this time in the United States. Although not officially a federal holiday, closing offices on this day nods to its societal and emotional significance, further embedding Christmas Eve into an informal acknowledgment within government operations during celebratory years.

Administration Priorities

Under the Trump administration, Executive Order 13965 could be viewed as part of a broader strategy to maintain high employee morale and address work-life balance concerns for federal employees. Amidst a year rife with difficulties, a gesture such as this could serve the dual purpose of bolstering internal government morale while projecting a caring government image outwardly to the public.

Broader Executive Policy Trends

This move can be contextualized as part of the administration's approach to bolster employee welfare without significant fiscal expenditure. It reflects prioritization of internal government working conditions, seeking to reinforce loyalty and morale as a counterweight to external pressures and scrutiny faced by the administration.

Potential Controversies or Challenges

Public Reception

While extending a day off to federal workers garnered public approval, it could potentially draw criticism regarding its timing and motivations, especially given the context of the pandemic, where many private-sector employees faced job uncertainties. However, this criticism remains largely peripheral and does not overtly impact the legality or effectiveness of the order itself.

Operational Concerns

The process of closing and subsequently reopening government operations involves logistical challenges, which can test the efficiency of implementation by the Office of Personnel Management. Should there be inefficiencies, this might provoke criticism of administrative handling, particularly if critical services experience difficulties in reactivation post-closure.

Constitutional Challenges

From a legal standpoint, the order does not present significant constitutional challenges, relying on well-established executive powers to manage federal employees' duties and leave. There is scant chance of substantive legal contention, primarily because of its temporary nature and alignment with preceding legal constructs.

Effects on Policy Precedents

While this executive order may have limited direct policy implications, it does contribute to discussions on the holiday entitlements of federal employees, raising potential future dialogue on whether Christmas Eve should join the list of officially recognized federal holidays, given its prevalent unofficial recognition in presidential discretion.

Economic Arguments

Critiques might focus on the economic argument of productivity loss with government offices closed, but given the temporary and limited nature of the closure, arguments of substantive economic impact are likely overblown. It ultimately reinforces the existing debate on public vs. private sector employee benefits and perceptions thereof.