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1 1 (January 29, 2025)

handle is hein.crs/goveshb0001 and id is 1 raw text is: A New Civil Service Policy/Career Schedule: Issues for Lawmakers Updated January 29, 2025 On January 20, 2025, President Trump issued an Executive Order (EO) reinstating and amending EO 13957-an EO issued during the first Trump Administration in late 2020 that had originally directed each executive branch agency head to identify positions of a confidential, policy-determining, policy-making, or policy-advocating character that are not normally subject to change as a result of a Presidential transition and place or petition to place those positions in a new Office of Personnel Management (OPM) appointment classification originally named Schedule F. Such positions would be excepted from notice and appeal rights for personnel actions such as removals and suspensions. The 2025 amendments replaced the F in Schedule F with Policy/Career (also described in this Sidebar as the new schedule) and made other amendments, which are discussed in more detail below. On January 27, 2025, OPM issued a memorandum containing guidance for implementing the EO. This Sidebar examines the existing statutory structure of the civil service, explains the history of EO 13957, its repeal and reissuance, and relevant rulemaking. The Sidebar further analyzes the legislative and executive authorities over the civil service, the possibility ofjudicial intervention, and legislative options for Congress relevant to the new schedule. Background Positions in the executive branch are categorized into three types of service: the competitive service (in which applicants compete and are evaluated according to objective standards before they may be appointed); the excepted service (in which positions are specifically excepted from the competitive service by statute, by the President, or by OPM); and the Senior Executive Service (SES) (which includes senior managerial, supervisory, and policy positions). The excepted service currently has five schedules or categories of appointment authority, Schedules A to E, which are organized based on the duties or training required for their relevant positions. In general, a position is included in the excepted service following a determination that appointment through competitive examination is not practicable or that the recruitment of certain types of individuals would be better achieved through alternate recruitment and assessment processes. Before an agency takes certain adverse actions, such as removals, against federal employees, Subchapter II of Chapter 75, Title 5, U.S. Code, prescribes the right to notice of such actions and the right to appeal Congressional Research Service https://crsreports.congress.gov LSB11262 CRS Legal Sidebar Prepared for Members and Committees of Congress

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