President Trump’s recent executive order revived the Schedule F exception from his first term, declaring it “immediately reinstated with full force and effect.” The order directs the Office of Personnel Management (OPM) to “promptly” rescind the Biden administration’s rules that sought to block the policy.
Legal Hurdles
The National Treasury Employees Union (NTEU) has already filed a lawsuit seeking to block the order. The union argues that the policy improperly applies employment rules meant for political appointees to career staff, undermines the due process rights of federal employees, and disregards established OPM regulations.
The NTEU also claims this policy politicizes the federal workforce. The union contends that the policy is not about removing poor performers, a process the government can already manage, but about enforcing political loyalty tests on everyday federal employees, who have taken an oath to uphold the Constitution and serve their country impartially.
Prior Implementation
Trump originally introduced Schedule F in late 2020. The directive required federal agencies to identify positions involved in policy-making, advising, or implementing policy, and shift them into the excepted service, bypassing traditional competitive hiring processes and many civil service protections, including union representation.
Revised Language
In an effort to shield the order from legal challenges, the new executive order introduces several revisions. Notably, it changes the terminology from “Schedule F” to “Schedule Policy/Career” and includes a key clarification: “Employees in or applicants for Schedule Policy/Career positions are not required to personally or politically support the current President or the administration’s policies.”
The order goes on to state that these employees must “faithfully implement administration policies to the best of their ability, consistent with their constitutional oath and the vesting of executive authority solely in the President. Failure to do so is grounds for dismissal.”
Going Forward
It is unclear how long it will take for agencies to implement the order, which requires OPM’s review before positions can be converted. Prior to the Biden administration’s revocation of the order, agencies made little progress on identifying positions that might be affected. Estimates suggested that as many as 50,000 federal career positions could be impacted depending on how broadly agencies interpret roles involved with policy.
The new executive order also directs OPM to issue guidance within 30 days on additional types of positions that should be considered for Schedule Policy/Career status.
The reinstatement of the order has revived the same arguments that emerged when it was first introduced. The order justifies the policy by citing instances where career federal employees resisted or undermined the executive branch’s directives, arguing that restoring accountability in the civil service is essential.
