Creating Schedule F in the Excepted Service
Executive Order 13957, signed October 21, 2020, creates a new Schedule F within the Federal Government’s Excepted Service for positions that are confidential, policy-determining, policy-making, or policy-advocating and that are not normally subject to change as a result of a Presidential transition. The goal is to give agency heads greater flexibility to hire, manage, and remove individuals in these high-influence roles without being bound by the usual competitive hiring procedures and lengthy adverse-action processes of the competitive service. The order directs the Office of Personnel Management (OPM) to implement regulations, list which positions belong to Schedule F, and guide agencies through a swift transition from existing appointment processes. It also requires agency heads to review their positions, petition to place eligible positions in Schedule F, and publish determinations in the Federal Register. In parallel, Schedule F personnel would receive protections against prohibited personnel practices and, where appropriate, could be excluded from collective bargaining units.
Key Points
- 1Establishment of Schedule F in the Excepted Service: Creates a new category for high-level, confidential, and policy-related positions not normally subject to change after a Presidential transition, allowing appointments outside the competitive service.
- 2Definition of “normally subject to change”: Clarifies that this phrase includes positions that are expected to resign with a Presidential transition or require White House assent, forming the basis for Schedule F placement.
- 3Placement and implementation process: Agencies must review positions within defined timelines, petition the Director of OPM to place eligible competitive-service positions in Schedule F, publish determinations in the Federal Register for statutorily excepted positions, and consider various duties (e.g., policy development, regulation drafting, supervising attorneys, deliberative process work, collective bargaining) when evaluating Schedule F eligibility.
- 4Amendments to Civil Service rules: Amends 5 CFR 6.2 and 6.4 to create and govern Schedule F (alongside Schedules A–E), specify how Schedule F appointments are made, and adjust removal procedures for these positions.
- 5Protections and governance: Establishes prohibitions on personnel practices for Schedule F employees similar to other personnel protections (as in 5 U.S.C. 2302(b)); authorizes agency rules to enforce these protections; requires annual reporting on petitions granted/denied; and allows consideration of whether Schedule F positions should be excluded from collective bargaining units.