Schedule F Quickly Moving Forward

OPM issued new guidance with deadlines for identifying positions to be moved to Schedule Policy/Career (Schedule F). Does your job meet these characteristics?

Employees Will Remain in Career Positions

Schedule F, the former term for the topic in the new guidance issued by the Office of Personnel Management (OPM), is now covered by the Executive Order Restoring Accountability To Policy-Influencing Positions Within the Federal Workforce. Regardless of the name, it is moving forward quickly. This guidance always uses the phrase “Security Policy/Career.”

On January 27, 2025, OPM issued more guidance to agencies. It notes the Executive Order signed on January 20, 2025, reinstated and amended the previous Executive Order 13957 issued in October 2020. The approach to be taken by the administration is now becoming clear. As part of this, the new guidance eliminates the relevant to this program issued by the Biden administration.

The guidance states employees moved into Security Policy/Career will remain career employees. The same procedures used for career positions will still be used for hiring.

Political affiliation will not be considered within the guidelines outlined. The hiring decisions will be based on which candidates have the greatest knowledge, skills, and ability to do the job. The employees do not have to agree with the administration’s policies or the goals of the president, but they will have to work to implement these as the job requires.

As outlined below, the appeal procedures available for an employee in Schedule Policy/Career will differ from other career employees.

Positions to Be Moved Into New Category

The new guidance reiterates the characteristics of positions to be reassigned to a “Schedule Policy/Career” category for some federal employees. It noted that positions to be moved into the new category include:

  • Functions statutorily described as important policy-making or policy-determining functions, principally:
    • directing the work of an organizational unit;
    • being held accountable for the success of one or more specific programs or projects; or
    • monitoring progress toward organizational goals and periodically evaluating and making appropriate adjustments to such goals;
  • Authority to bind the agency to a position, policy, or course of action either without higher-level review or with only limited higher-level review;
  • Delegated or subdelegated authority to make decisions committed by law to the discretion of the agency head;
  • Substantive participation and discretionary authority in agency grantmaking, such as the substantive exercise of discretion in the drafting of funding opportunity announcements, evaluation of grant applications, or recommending or selecting grant recipients;
  • Advocating for the policies (including future appropriations) of the agency or the administration before different governmental entities, such as by performing functions typically undertaken by an agency office of legislative affairs or intergovernmental affairs, or by presenting program resource requirements to examiners from the Office of Management and Budget in preparation of the annual President’s Budget Request;
  • Publicly advocating for the policies of the agency or the administration, including before the news media or on social media; or positions described by their position descriptions as entailing policy-making, policy-determining, or policy-advocating duties.

Agency Deadlines to Comply

The transfer into the new category will go in segments for many agencies.

The OPM guidance states a new executive order will transfer employees meeting the guidelines into the Schedule Policy/Career category. Agencies have 90 days to conduct a preliminary review of positions and submit petitions to OPM, with an additional 120 days to finalize their review and submit any remaining petitions.

Agencies are directed to designate a point of contact for this purpose and to notify OPM of the contact point no later than Wednesday, January 29, 2025.

The guidelines do not require all positions be transferred. Agencies may include positions with additional requirements not specified in the guidance. OPM may recommend the President accept these positions if the agency demonstrates a position has characteristics of a policy-determining or policy-advocating character.

OPM will retain discretion to decide what categories and types of positions will be recommended for the transfer into Schedule Policy/Career.

Status of Biden Administration Regulations

The OPM guidance notes President Trump used his authority under the Constitution and 5 U.S.C. §§ 3301 and 3302 to directly nullify the regulations issued under the Biden administration that imposed procedural obstacles to moving career positions into policy-influencing and excepted service schedules. OPM states in its guidance that “This presidential directive immediately superseded OPM regulations issued using delegated presidential authority.”

Instead, agencies should ignore the requirements issued under the Biden administration on this issue, and OPM’s October 25, 2024, guidance document “Implementing Guidance for Upholding Civil Service Protections and Merit System Principles Regulations” is now rescinded in its entirety.

With regard to position reviews, the Trump Executive Order 13957 requires:

…all agency petitions to ‘include a written explanation documenting the basis for the agency head’s determination that such position[s] should be placed in Schedule Policy/Career.’ Written explanations must demonstrate that the position’s duties are policy-determining, policy-making, or policy-advocating, or require working closely with senior officials in the case of confidential positions. That objective definition of the position’s duties must be derived from a statute, regulation, or internal agency document such as the position description.

OPM has created the email address [email protected] for agencies to email its petitions to reschedule positions to Schedule Policy/Career. These petitions are due no later than Sunday, April 20, 2025.

Political Patronage Prohibited

Positions moved into Schedule Policy/Career are to remain as career positions. Positions filled with input from the White House Office of Presidential Personnel (i.e. positions filled on a political basis) are excluded from the new category of employees.

These positions are to be filled using procedures applicable to filling competitive service vacancies unless they would have been filled using excepted hiring procedures.

Agencies will not be allowed to make appointments to Schedule Policy/Career appointments based on political affiliation. They are to hire candidates with knowledge and skills that make them the best-equipped person for the position. They are not required to personally or politically support the current President or the current administration’s policies. They are required to faithfully implement administration policies to the best of their ability, and failing to do so will be grounds for dismissal.

Differences Between Appeal Rights for Career Federal Employees and Schedule Policy/Career Employees

Career Federal Employees

While remaining as career employees, there will be differences for those who are moved into the Schedule Policy/Career.

  • Career federal employees in the competitive service generally have appeal rights under Chapter 75 of Title 5, U.S. Code, including the ability to challenge adverse actions (e.g., removals, suspensions, demotions) before the Merit Systems Protection Board (MSPB).
  • These employees are protected by the Civil Service Reform Act (CSRA) and can appeal actions such as performance-based removals, reductions in grade or pay, and furloughs. They also receive notice of their rights and procedures for filing appeals.

Appeal Rights for Schedule Policy/Career Employees

  • Employees in Schedule Policy/Career positions are exempt from Chapter 75 protections. They will not have the same rights to appeal adverse actions to the MSPB.
  • The Executive Order explicitly nullifies prior regulations allowing employees involuntarily moved to excepted service positions to retain civil service protections and appeal rights through the MSPB.
  • Instead, adverse actions against these employees are subject to internal agency procedures or other processes determined by the Office of Personnel Management.

Conclusion

In summary, the new guidance outlines a plan that does strives to work within the requirements of the Civil Service Reform Act will also giving the president greater flexibility to require employees to perform the requirements of the job. While some of the distinctions may be minor, the implications of being moved still carry the possibility of more employees being fired without the extensive appeal procedures that often result in employees remaining in a job despite the actions or lack of successful performance.

The primary objective of the Executive Order and the guidelines is to create accountability, as indicated by the title of the Executive Order.

About the Author

Ralph Smith has several decades of experience working with federal human resources issues. He has written extensively on a full range of human resources topics in books and newsletters and is a co-founder of two companies and several newsletters on federal human resources. Follow Ralph on Twitter: @RalphSmith47