Creating Schedule G in the Excepted Service
This Executive Order establishes a new category in the federal excepted service called "Schedule G." It directs the Office of Personnel Management (OPM) to list positions that are noncareer, policy-making or policy-advocating in character and that are normally expected to change with a Presidential transition (i.e., occupants are expected to resign when administrations change). The order amends civil service rules to add Schedule G alongside the existing excepted service schedules, clarifies that standard civil service removal rules generally do not apply to positions in Schedule G, and instructs OPM to issue implementing regulations. The Department of Veterans Affairs (VA) is given specific instructions for appointing people to Schedule G positions there. The practical effect is to create a formal, across-government hiring category for certain political/policy roles that are not intended to be career jobs. That can make it administratively easier for the President and agencies to place and remove policy-oriented noncareer staff who are tied to an administration’s agenda, and it narrows some civil-service protections and procedures that would otherwise apply.
Key Points
- 1Creation of Schedule G: Establishes a new excepted-service schedule for noncareer positions of a policy-making or policy-advocating character that are normally subject to change at Presidential transitions.
- 2Definition of covered positions: “Normally subject to change as a result of a Presidential transition” means positions whose occupants are expected to resign at transitions and includes positions whose appointment requires assent from the White House Office of Presidential Personnel.
- 3Regulatory change: Amends 5 CFR 6.2 to add Schedule G to the list of excepted-service schedules and amends 5 CFR 6.4 to state that removals from Schedule G positions are generally not governed by the Civil Service Rules and Regulations (except as required by statute).
- 4Implementation duties: Directs the OPM Director to issue any necessary regulations and amend relevant federal personnel rules (particularly 5 CFR part 213) to implement Schedule G.
- 5VA-specific appointment rules: When appointing to Schedule G positions at the Department of Veterans Affairs, the Secretary of Veterans Affairs must (i) consider whether candidates would be suitable exponents of the President’s policies, and (ii) must not take account of candidates’ political affiliation or political activity.