President Trump issued an executive order creating Schedule G within the excepted service. This addresses what was perceived to be a gap in existing processes to fill policy-making and policy-advocating positions.
The order mandates that individuals appointed to these positions under Schedule G should be aligned with the administration's policies, but political affiliation is not to be a deciding factor.
It formally amends existing Civil Service Rules to include Schedule G, detailing its application and implications for several other existing schedules, and emphasizes improvements to the Department of Veterans Affairs’ operations as justification.
Finally, it outlines implementation procedures and limitations, affirming that the order does not have a legally enforceable impact on existing rights.
Arguments For
Improved Government Administration: The order aims to improve the efficiency and effectiveness of government administration by clarifying the appointment process for policy-related positions.
Addressing Gaps in Existing Schedules: It directly addresses a perceived gap in the existing excepted service schedules, providing a dedicated framework for noncareer policy positions.
Clearer Appointment Process: Creating Schedule G provides a more streamlined and transparent process for appointing individuals to policy roles, particularly those expected to change with presidential transitions.
Department of Veterans Affairs Improvement: The order highlights that establishing Schedule G is necessary to improve the operations of the Department of Veterans Affairs.
Legal Basis: The order cites sections 3301, 3302, and 7511 of title 5, United States Code as legal justification. This references existing laws concerning the federal civil service and its structure, specifically regarding acceptable exceptions to the usual competitive application process.
Arguments Against
Potential for Political Patronage: The emphasis on appointing individuals who are “suitable exponents of the President’s policies” raises concerns about potential political influence and favoritism in appointments.
Weakening of Merit System: The creation of Schedule G could be seen as weakening the traditional merit-based civil service system, potentially leading to less qualified individuals filling important positions.
Implementation Challenges: Oversight and implementation of Schedule G may be difficult, potentially leading to inconsistencies across different agencies and departments.
Unintended Consequences: The lack of clear guidelines in applying the “normally subject to change” criteria could lead to legal challenges or unintended consequences in the appointment process.
Alternative Approaches: The order doesn’t explore whether less contentious means of achieving improved efficiency within the Department of Veterans Affairs (or other agencies targeted by this change) were considered before resorting to the expansion of exceptions in hiring.
By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 3301, 3302, and 7511 of title 5, United States Code, it is hereby ordered:
This opening statement asserts the President's authority to issue the order, citing specific sections of the United States Code as legal basis.
It formally initiates the order.
Section 1. Purpose. The Congress has recognized that effective Government administration requires excepting some positions from the competitive service based on their confidential, policy-determining, policy-making, or policy-advocating character. Existing excepted service schedules make partial use of this authority. Schedule C of the excepted service authorizes appointments to noncareer excepted service positions of a confidential or policy-determining character. Schedule Policy/Career of the excepted service authorizes appointments to career positions of a confidential, policy-determining, policy-making, or policy-advocating character.
There is, however, no excepted service schedule for noncareer positions of a policy-making or policy-advocating character. Pursuant to 5 U.S.C. 3302(1), conditions of good administration, including eliminating this gap in excepted service schedules and improving the operations of the Department of Veterans Affairs, make necessary creating a new Schedule G in the excepted service for noncareer positions of a policy-making or policy-advocating character.
This section explains the rationale behind creating Schedule G. The current system, it argues, is inefficient because there is no system for filling non-career positions of a policy-making or policy-advocating character, except indirectly using existing systems.
The order justifies the creation of Schedule G by stating that existing methods are incomplete and that the new schedule will help improve the workings of the Department of Veterans Affairs.
Sec. 2. Definition. The phrase “normally subject to change as a result of a Presidential transition” refers to positions whose occupants are, as a matter of practice, expected to resign upon a Presidential transition and includes all positions whose appointment requires the assent of the White House Office of Presidential Personnel.
This section defines the key phrase "normally subject to change as a result of a Presidential transition." This clarifies that only roles traditionally vacated after a presidential change are included under Schedule G.
Sec. 3. Excepted Service. Appointments of individuals to positions of a policy-making or policy-advocating character normally subject to change as a result of a Presidential transition shall be made under Schedule G of the excepted service, as established by section 4 of this order.
This section outlines the precise application of Schedule G. Specifically, appointments to policy-making/advocating positions whose incumbents typically leave with a change in administration will now fall under the newly established Schedule G.
Sec. 4. Schedule G. Civil Service Rule VI is amended as follows:
(a) 5 CFR 6.2 is amended to read:
“OPM shall list positions that it excepts from the competitive service in Schedules A, B, C, D, E, Policy/Career, and G, which schedules shall constitute parts of this rule, as follows:
Schedule A. Positions other than those of a confidential or policy-determining character for which it is not practicable to examine shall be listed in Schedule A.
Schedule B. Positions other than those of a confidential or policy-determining character for which it is not practicable to hold a competitive examination shall be listed in Schedule B. Appointments to these positions shall be subject to such noncompetitive examination as may be prescribed by OPM.
Schedule C. Positions of a confidential or policy-determining character normally subject to change as a result of a Presidential transition shall be listed in Schedule C.
Schedule D. Positions other than those of a confidential or policy-determining character for which the competitive service requirements make impracticable the adequate recruitment of sufficient numbers of students attending qualifying educational institutions or individuals who have recently completed qualifying educational programs. These positions, which are temporarily placed in the excepted service to enable more effective recruitment from all segments of society by using means of recruiting and assessing candidates that diverge from the rules generally applicable to the competitive service, shall be listed in Schedule D.
Schedule E. Positions of administrative law judge appointed under 5 U.S.C. 3105 shall be listed in Schedule E. Conditions of good administration warrant that the position of administrative law judge be placed in the excepted service and that appointment to this position not be subject to the requirements of 5 CFR, part 302, including examination and rating requirements, though each agency shall follow the principle of veteran preference as far as administratively feasible.
Schedule Policy/Career. Career positions of a confidential, policy-determining, policy-making, or policy-advocating character not normally subject to change as a result of a Presidential transition shall be listed in Schedule Policy/Career. In appointing an individual to a position in Schedule Policy/Career, each agency shall follow the principle of veteran preference as far as administratively feasible.
Schedule G. Positions of a policy-making or policy-advocating character normally subject to change as a result of a Presidential transition shall be listed in Schedule G.”
(b) 5 CFR 6.4 is amended to read:
“Except as required by statute, the Civil Service Rules and Regulations shall not apply to removals from positions listed in Schedules A, C, D, E, Policy/Career, or G, or from positions excepted from the competitive service by statute. The Civil Service Rules and Regulations shall apply to removals from positions listed in Schedule B of persons who have competitive status.”
This section details the specific amendments made to the Civil Service Rule VI, specifically sections 5 CFR 6.2 and 6.4.
These amendments formally add Schedule G to the list of excepted service schedules, providing a clear definition and outlining how it relates to the existing schedules.
It states that the Civil Service Rules will apply to removals from positions unless otherwise dictated by statute.
Sec. 5. Implementation. (a) The Director of the Office of Personnel Management shall adopt such regulations as the Director determines may be necessary to implement this order, giving particular attention to appropriate amendments to 5 CFR, part 213.
(b) In making appointments to positions in Schedule G of the excepted service, the Secretary of Veterans Affairs:
(i) shall consider whether prospective appointees would be suitable exponents of the President’s policies; and
(ii) shall not take into account prospective appointees’ political affiliation or political activity.
This section outlines the implementation of Schedule G. It assigns responsibility to the Director of the Office of Personnel Management to create further regulations.
Additionally, it provides specific directions to the Secretary of Veterans Affairs regarding the appointment process under Schedule G – appointees should align with the presidential agenda, but political affiliations should not influence the choice.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Office of Personnel Management.
This section includes general provisions.
It clarifies that the order does not override existing legal authority within government departments or limit the Office of Management and Budget's responsibilities.
It also stresses that the order's implementation is subject to legal constraints and budgetary considerations and reinforces that it does not itself create any legal rights.
Finally, it specifies funding responsibility for publication of the order.
DONALD J. TRUMP
THE WHITE HOUSE,
July 17, 2025.
This section shows the signature and date of the President's issuance of the order.