Mike Hayden served as Director of the CIA from 2006 to 2009 and Director of the National Security Agency from 1999 to 2005. James Roy served as Deputy Secretary of Homeland Security from 2003 to 2005 and Commandant of the Coast Guard from 1998 to 2002. J. Michael “Mike” McConnell served as Director of National Intelligence from 2007 to 2009 and Director of the NSA from 1992 to 1996. John Negroponte served as Deputy Secretary of State from 2007 to 2009 and Director of National Intelligence from 2005 to 2007. Sean O'Keefe served as Administrator of NASA from 2001 to 2005 and Secretary of the Navy from 1992 to 1993.
President Donald Trump felt there was an entrenched bureaucracy resisting his policies, and as president he attempted to roll back most of the protections given to federal civil servants and replace them with his policy supporters and loyalists. This attempt was quickly reversed by the newly elected President Biden, but Trump announced he would try again if re-elected.
We believe there is some merit to both perspectives, but as members of a bipartisan group of former national security, homeland security, foreign affairs, intelligence, and law enforcement officials who served under both Democratic and Republican presidents, we believe there is a “third way” that preserves everything that’s right about our civil service while addressing the things that almost everyone agrees are wrong.
Experience has taught us that career civil servants are a valuable resource that must be protected and preserved from the influence of partisan politics. Their ability to “speak truth to power (including public officials like us)” without fear of losing their jobs was and is important. So using political ideology as a litmus test for their appointment or retention, no matter how well-intentioned, is a dangerous risk to our national security.
But these employees must also be held accountable for doing their jobs well. In practice, the small minority of bad actors in the workforce are overprotected under the existing system: it is very difficult to make them eligible to be fired when they don't meet reasonable standards of performance or behavior, for example by refusing direct lawful orders.
Therefore, we believe that the current civil service system is badly in need of reform. But there are problems with the blueprints put forward by both the left and the right. One clings to the status quo and (intentionally or not) hampers accountability. The other risks politicizing the civil service, which should be politically neutral.
We believe that effective reform can be achieved without politicizing the system or its employees. The Office of Personnel Management (OPM) recently issued a rule that makes it more difficult to use criteria other than merit to hire or fire federal civil servants. We applaud the effort, but while the rule may slow potential politicization, it does not prohibit a president (of any party) from reversing it. And that would be bad for our country.
This fight is far from over, and we believe only Congress can provide a healthy, durable, and effective balance between protection and accountability. Here are our proposals:
1. Congress should amend civil service law to ensure that adverse actions for misconduct or poor performance can be taken and resolved quickly, concisely, and without compromising basic due process, as they currently are. Civil servants should be hired and fired solely on the basis of merit.
2. At the same time, Congress must continue to protect talented civil servants, especially those in national security, foreign affairs, intelligence, and law enforcement positions, from partisan influence by enacting legislation (perhaps modeled on the OPM rule mentioned above) that would prevent potential politicization under current and future administrations.
3. Congress also needs to ensure the right balance between apolitical administration by career civil servants and control by democratically elected administration appointees. This can be achieved by requiring that the agency mix be reviewed by a bipartisan body, perhaps modeled on the U.S. military’s quadrennial review board.
The National Defense Authorization Act for Fiscal Year 2025, perhaps the only “must-pass” bill this election year, is a potential avenue for congressional action—and, of course, we’re happy to help.
But let me be clear: we consider career civil servants to be a vital national resource. They have always brought unmatched expertise, institutional memory, and the ability to navigate complex bureaucracies that we value dearly. Any proposal to allow political loyalty or apathy to creep into their ranks, even in the name of greater accountability, must be resisted.
