The proposal, which will be published in the Federal Register on April 23, outlines the new excepted service category, now called Schedule Policy/Career, purports to remove “cumbersome adverse action procedures” for employees in what the administration deems to be policy-related jobs and accused the Biden administration, which filed its own regulations last year seeking to prevent Schedule F’s return, of “protecting poor performers.”
OPM estimates that around 50,000 federal workers will be placed in the new job category, or around 2% of the civilian workforce.
The proposed regulations formally adopt changes from the original Schedule F proposal to make it more legally palatable, including moving the final decision-making authority regarding the conversion of jobs to the president, rather than the OPM director. It also states that the hiring process under Schedule Policy/Career will remain as it is in the competitive service.
And the regulations reiterate language in early OPM guidance on the executive order stating that the HR agency is not required to undergo the traditional notice-and-comment process to rescind portions of Biden’s regulations, citing a vague presidential authority to “nullify” federal rules.
“Executive Order 14171 also overrode significant parts of the April 2024 final rule,” OPM wrote. “That rule used delegated presidential authority to amend parts 210 and 302 of the civil service regulations. President Trump used his executive authority to directly render those amendments inoperative.”
OPM’s filing discusses the history of civil servi ..
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