Providing for the Closing of Executive Departments and Agencies of the Federal Government on December 24, 2018

Below is the structured analysis of Executive Order 13854:

1. Overview

Scope and Purpose

Executive Order 13854, signed by President Donald Trump on December 18, 2018, mandates the closure of all federal executive departments and agencies on December 24, 2018. This action effectively grants a paid day off for nearly two million federal employees, the day preceding Christmas. From an administrative perspective, the closure was not unprecedented, as previous presidents have occasionally declared Christmas Eve a holiday when it falls on a Monday, as it did in 2018. This executive order demonstrates the executive's discretionary power to ease workload pressures on federal employees during the holiday season, recognizing the cultural and social significance of this time of year.

Legal Framework and Authority

The executive order is grounded in statutory authority vested in the President by the U.S. Constitution and federal laws, allowing the executive to manage federal workplace operations and employee schedules. Specifically, it aligns with Executive Order 11582 of February 11, 1971, which allows the President to close federal facilities for holidays, and Title 5, U.S. Code, concerning federal employee pay and leave. These statutory guidelines ensure that employees receive compensation for this unexpected day off, akin to other official holidays.

Implementation

Under Section 4, the Office of Personnel Management (OPM) is tasked with implementing the order by coordinating with various departments and agencies. This directive ensures that essential services remain undisrupted, permitting agency heads to maintain necessary staffing based on security, defense, or public needs. It highlights the importance of maintaining operational readiness while granting employees time off.

Strategic Intent

The executive order strategically aims to boost federal employee morale by promoting work-life balance during a culturally significant holiday period. It acknowledges the contributions of federal employees, offering them an opportunity to relax and spend time with family and friends. This decision also comes in the wake of tax legislation changes in 2018, affecting many taxpayers' financial situations, enhancing the gesture's significance.

Public Perception

Generally, public perception of such orders is positive, seen as a humane and considerate action by the administration. Federal employees across various sectors express gratitude for the gesture, which aligns with broader traditions of compassionate governance during the festive season. The importance of recognizing employee well-being and engagement initiatives to enhance productivity, even in governmental settings, is underscored.

2. Legal and Policy Implications

Legal Precedence and Authority

Executive Order 13854 showcases the President's authority to manage federal employees' leave and pay. It aligns with past practices by similar orders and reinforces the President's capacity to influence government operations for societal and administrative benefit. However, it raises queries regarding the scope and limits of executive power in unexpected closures and leave policies.

Interplay with Existing Laws

The order references Section 6103(b) of Title 5, U.S. Code, which pertains to pay and leave, thus designating December 24, 2018, as a federal holiday for administrative purposes. It prompts considerations about executive actions in extraordinary scenarios, possibly encouraging legislative discourse on flexible holiday arrangements within federal contexts.

Institutional Discretion

Section 2 of the order empowers agency heads to determine operations essential for "national security, defense, or other public needs." This grants significant discretionary powers to department heads, highlighting hierarchical administrative frameworks within federal agencies prioritizing national interests. These provisions guard against the potential fallout of a full federal shutdown during high-security periods.

Administrative Efficiency and Compliance

Implementing orders across wide-reaching federal establishments demands rapid, precise coordination. This process involves fine-tuning OPM's directives across different departments, strengthening intra-agency communications in line with federal policies. This approach minimizes disruptions while fulfilling the order's intentions.

Policy Review and Precedent Setting

By tying the day to Executive Order 11582, the order influences future policies on federal holidays. It represents a recognition of evolving workforce dynamics and the necessity for periodic holiday adjustments, ensuring that operational procedures adapt to emerging social and logistical realities.

3. Who Benefits

Federal Employees

The executive order primarily benefits the roughly two million federal employees who enjoy an unexpected paid day off. This time allows for personal well-being enhancement through relaxation, travel, and family gatherings during the holiday season, boosting morale and job satisfaction in a structured work environment.

Federal Agency Administrators

For agency administrators, the executive order clarifies workforce scheduling strategies and workload management by granting operational leeway in resource allocation and critical function focus during holidays. This enables the strategic postponement of non-essential tasks, allowing agencies to prioritize mission-critical operations.

General Public and Stakeholders

The general public indirectly benefits from government decisions ensuring essential federal services' security, such as defense, emergency response, and national security. At the same time, public access to government services might experience less bureaucracy and easier navigation processes during peak holiday periods.

Societal Morale

National morale receives a boost as the government conforms to celebratory norms, reflecting empathetic governance attentive to traditional practices and citizen welfare. This establishes the federal government as mindful of administrative inclusivity during culturally significant periods, fostering trust in executive commitments.

Political Messaging

Political supporters of the current administration may perceive the gesture as aligning with American values, enhancing governance's positive image. Such acts resonate with patriotic symbolism, potentially influencing political narratives, supporting lobbying efforts, and strengthening political optics.

4. Who Suffers

Essential Service Workers

Although federal employees gain a day off, the order imposes work requirements on essential service workers who remain on duty. These individuals may feel excluded from the broader workforce morale uplift, not benefiting from the holiday privileges extended to their peers.

Federal Operations

Agencies performing essential services, such as national security or emergency management, face obstacles incorporating unexpected administrative closures into their timelines. They must adeptly mobilize sufficient staffing, realign workforce utility, and manage critical operation mandates.

Contractors and Private Sector Partners

Private contractors involved in federal work might encounter disruptions due to reduced federal staff availability and unforeseen procedural delays, which can lengthen project timelines and strain contract deliverability.

State and Local Governments

State and local government operations that depend on federal agency functionality might experience delays in regulatory approvals, funding allocations, or intergovernmental cooperation. Extended federal holidays could affect service commitments and contract achievements during organizational need periods.

Service Delays for Public Interaction

People seeking non-essential federal services could face delays in processing requests and applications due to the closure. These disruptions may lead to service backlogs, affecting timelines and causing dissatisfaction with federal service delivery efficiency during petitionary junctures.

5. Historical Context

Precedents in Presidential Authority

Historically, presidents occasionally declare Christmas Eve a federal holiday, especially when it falls alongside weekends. This action fits established patterns where holidays underscore recognition of federal contributions, reflecting governance empathy and workforce considerations.

Patterns of Legislative Activity

Executive Order 13854 illustrates a recurring practice of exercising presidential powers for strategic institutional engagement. Past examples by Presidents like Barack Obama and George W. Bush reveal a history of managerial authority implementations reflecting administrative empathy during sociocultural periods.

Fiscal and Political Legacy

In a broader political and fiscal context, these executive orders serve dual roles: strengthening agency relations and potentially converting employee benefits into political capital. Consistent across administrations, their actions reflect attention to employee welfare considerations within executive mechanisms.

Administrative Legacy and Executive Prudence

Utilizing executive orders for holiday provisions indicates prudential acknowledgment of government productivity beyond standard tasks. Administrations show foresight by anticipating evolving workforce expectations, ensuring organizational flexibility aligns with broader social contexts.

Evolving Employment Standards

Regular holiday provisions through presidential orders suggest an infusion of contemporary workplace standards into federal guidelines. Changing labor expectations highlight dynamic workforce management needs, a trend mirrored as governmental agencies adjust regulatory and policy shifts incrementally.

6. Potential Controversies or Challenges

Constitutionality and Administrative Challenges

Legal scrutiny may evaluate the executive order's relationship with constitutional powers governing operational closures. While welfare-focused, unilateral declarations without extensive consultations can generate agency discontent, prompting legislative assessments of federal procedures for mandate determination.

Congressional and Legal Channels

Though unlikely to face congressional opposition, the executive order serves as a case study for debating the executive's reach during unexpected holidays. Evaluating policy predictability and continuity might drive systemic reforms emphasizing feedback loop integration in legislative contexts.

Labor Unions and Workforce Dynamics

Federal worker unions may exhibit interest in the future of unscheduled federal holidays within collective bargaining domains. While generally beneficial for federal employees, discrepancies in recognition criteria and policy extensions could spur discussions on equitable worker rights and scheduling practices.

Interagency Continuity Concerns

Agencies tasked with public dependencies risk facing administrative bottlenecks from short-notice employee redistributions for essential operations. These orders highlight structural cadence challenges, echoing efficiency themes concerning essential service mandates amid collective closures.

Public and Media Perceptions

Public and media outlets may question executive actions' intricate motives or perceived financial implications. In periods of fiscal conservatism or transparency, auxiliary dialogues could arise, influencing narratives about governmental efficacy amidst evolving operational paradigms.

This analysis provides a comprehensive understanding of Executive Order 13854, its implications, beneficiaries, and the broader context within which it operates.