Creating Schedule F in the Excepted Service

EO 13957 created a new 'Schedule F' classification for federal career employees in policy-making or confidential roles, moving them from competitive service to excepted service. This allowed agencies to hire and fire these employees more easily without competitive civil service procedures or chapter 75 adverse action protections. The order required agencies to review and petition to reclassify eligible positions within 90 days (preliminary) and 210 days (complete).

Federal Register Open PDF 85 FR 67631

Impact dates

Jan 19, 2021
Preliminary review of agency positions covered by 5 U.S.C. chapter 75 subchapter II
Dec 31, 2020
First annual report to President on petitions granted and denied for each agency

Key directives

OPM Director shall adopt regulations to implement Schedule F, including rescinding inconsistent regulations (5 CFR 212 subpart D, 213 subparts A/C, 302.101)
Agency heads conduct preliminary review within 90 days of covered positions
Agency heads conduct complete review within 210 days
Agency heads petition OPM Director to reclassify competitive service positions to Schedule F
Agency heads publish Federal Register determination for statutorily excepted positions
Annual reviews required thereafter
Director reports to President by December 31 each year on petitions granted/denied
Agency heads petition FLRA to exclude Schedule F positions from collective bargaining units where appropriate

Who is ordered

Timeline

Immediate

OPM must adopt implementing regulations
Civil Service Rule VI amended to establish Schedule F
Agencies must begin preliminary position reviews

Near term (90d)

Agency heads must complete preliminary review of positions covered by 5 U.S.C. chapter 75 subchapter II
Agency heads must petition OPM Director to place positions in Schedule F

Long term

Complete agency reviews due by 210 days
Annual position reviews required thereafter
December 31 annual reports to President on petitions granted/denied
Potential broad reclassification of career civil service positions

Risks & tensions

Significant tension with civil service protections: removes chapter 75 adverse action procedures for Schedule F employees, enabling faster removal but reducing due process
Potential for politicization of career civil service: blurs line between political and career positions by making policy-advocating roles appointee-like
Vague scope of 'policy-determining, policy-making, or policy-advocating' could sweep broadly; criteria in section 5(c) are illustrative ('should give particular consideration') not exhaustive
Collective bargaining implications: FLRA petitions could weaken union representation for reclassified employees
Implementation uncertainty: 'promptly' for OPM petition decisions has no defined timeline
Subsequent rescission: EO 13957 was revoked by EO 14003 on January 22, 2021, before full implementation; this analysis reflects text as signed