On July 7, 2025, President Trump, via Executive Order (“EO”), issued a presidential memorandum and accompanying fact sheet directing major changes in federal civilian hiring, including extending the federal civilian hiring freeze through October 15, 2025. Under the titular theme “Ensuring Accountability and Prioritizing Public Safety in Federal Hiring,” the EO aims to align staffing decisions more closely with agency oversight, performance goals, and legal exemptions.
Broad Hiring Freeze with Specific Exemptions
- Most notably, a hiring freeze is in effect through October 15, 2025, prohibiting federal agencies from filling vacant positions or creating new roles without written approval from presidential appointees like FDA Commissioner Martin Makary—unless exempted.
- Exempted roles include those that support national security, immigration enforcement, public safety—clearly, and likely intentionally, vague buckets for the first and third categories. Specifically, the EO exempts roles including but not limited to military personnel, firefighters, air traffic controllers, Veteran Affairs medical staff, National Weather Source employees, and food inspectors. The last exemption for food inspectors may be related to this administration’s focus on the Make America Healthy Again (“MAHA”) agenda as spearheaded by the Department of Health and Human Services (“HHS”) Secretary Robert F. Kennedy. Granted, the fact sheet also does not specify whether “food inspectors” refers to FDA personnel who inspect food facilities and farms, and/or members of the U.S. Department of Agriculture Food Safety and Inspection Service who are responsible for inspecting meat, poultry, and eggs products, as well as (certain) fish.
- The provision of Social Security, Medicare, or veteran’s healthcare or benefits are also not to be “adversely impact[ed]” by the EO, although no further specificity is provided.
- The EO makes clear that it does not apply to the Executive Office of the President or its components.
Role of Presidential Leadership in Hiring Approval
- Agencies must now secure explicit sign-off from leaders appointed by the president—such as department heads or chiefs of staff—before initiating hires.
- Approved hires proceed one business day after the Office of Personnel Management (“OPM”) receives confirmation, ensuring direct presidential oversight.
Aligning with the Merit Hiring Plan
- All hiring must adhere to the May 29, 2025 Merit Hiring Plan, which emphasizes competency-based hiring and aims to curb bureaucratic inefficiencies.
Fiscal Discipline & Deregulation
- Framed as a strategy to enhance fiscal accountability, the initiative is part of the administration’s purported broader goals to control taxpayer spending, streamline government, and reverse the last administration’s federal job growth.
- This is consistent with the Trump Administration’s 10-to-1 deregulation policy, voluntary attrition programs (see link), and ongoing restructuring efforts.
- Echoes the hiring restrictions enacted by EOs 14173 and EO 14151 in January, which also eliminated certain Diversity, Equity, and Inclusion (“DEI”) programs.
Supreme Court Clears Path for RIF Actions
Coinciding with the July 7th EO, the U.S. Supreme Court issued a decision permitting the federal government to proceed with its Reduction-in-Force (“RIF”) terminations even while legal challenges continue to wind through the courts. For FDA, this means that thousands of employees previously marked for RIF may soon be officially removed from their positions.
This decision removes a key procedural barrier that had protected federal employees while litigation played out. As of now, neither Secretary Kennedy nor Commissioner Makary has commented publicly on the Agency’s response or whether other injunctions will continue to prevent terminations in the short term.
What This Means for Industry
For FDA-regulated sectors—including pharmaceuticals, medical devices, food safety, and cosmetics—this convergence of executive and judicial action could have immediate and longer-term consequences such as regulatory delays or disruptions.
This large-scale personnel reduction at FDA could slow review timelines for applications, and already has in the case of one new drug application, and guidance issuance.
The FDA’s silence so far has left stakeholders uncertain about how quickly these changes will take effect or how they will be managed. Industry should stay closely attuned to updates from HHS and FDA leadership, prepare contingency plans for potential regulatory disruptions or delays, and consider deepening their engagement with government affairs teams to monitor and respond to unfolding developments.
Final Thoughts
This federal hiring overhaul heralds a new era of presidential oversight, tighter budget constraints, and a shift in prioritization toward “public safety” roles, although it is not entirely clear what this last piece encompasses or means. Opponents of these presidential initiatives will argue that the administration’s moves centralize authority and politicize the civil service, while supporters will extoll the virtues of a streamlined government, efficiency, and accountability. Regardless, industry stakeholders should remain vigilant for further updates as well as build in contingencies and temper expectations about predictability with respect to FDA decisions and guidance, including transparency thereinto.
Interestingly, as of July 11, USAJOBS—the online platform providing access to federal employment opportunities—continues to list 14 open and currently hiring positions at FDA.
