Creating Schedule G in the Excepted Service

Executive Order Number: 14317
President: Donald Trump
Signed: July 17, 2025
Published: July 23, 2025
Source: Federal Register
Original Document: https://www.govinfo.gov/content/pkg/FR-2025-07-23/pdf/2025-13925.pdf

AI-Generated Summary

The executive order establishes a new Schedule G in the excepted service under the authority of 5 U.S.C. 3302(1). This schedule addresses a gap in existing excepted service categories by creating a designation for noncareer positions of a policy-making or policy-advocating character that are typically subject to change during a Presidential transition.
The order aims to improve government administration, with specific emphasis on enhancing operations within the Department of Veterans Affairs (VA) by aligning appointments with the President's policy objectives.

Creation of Schedule G: A new category in the excepted service is established for noncareer positions of a policy-making or policy-advocating nature that are expected to change with a Presidential transition.
Amendments to Civil Service Rules: Updates 5 CFR 6.2 and 6.4 to include Schedule G, specifying that appointments and removals under this schedule are not subject to competitive service rules or standard civil service protections (except as required by statute).
Definition of Transition-Related Positions: Defines positions “normally subject to change as a result of a Presidential transition” as those where occupants are expected to resign and whose appointments require approval from the White House Office of Presidential Personnel.
Implementation by OPM: Directs the Office of Personnel Management (OPM) to adopt necessary regulations to implement the order, including amendments to 5 CFR Part 213.
VA-Specific Guidance: Instructs the Secretary of Veterans Affairs to consider whether appointees to Schedule G positions are suitable exponents of the President’s policies, while prohibiting consideration of political affiliation or activity in the appointment process.

Introduction of Schedule G: This represents a formal expansion of excepted service categories, distinguishing noncareer policy-making or policy-advocating roles from other schedules like Schedule C (confidential or policy-determining) and Schedule Policy/Career (career positions with similar characteristics).
Exemption from Competitive Service Rules: Positions under Schedule G are explicitly excluded from standard competitive hiring and removal processes, aligning them with other excepted service categories but focusing on transition-sensitive roles.
Focus on Presidential Policy Alignment: The order emphasizes aligning certain VA appointments with the President’s policy goals, a shift toward greater executive control over specific noncareer positions.

Government Agencies:
The Department of Veterans Affairs may experience changes in leadership and policy direction as Schedule G appointments prioritize alignment with Presidential priorities.
OPM will need to update regulations and oversee the implementation of this new category, potentially increasing administrative workload.
Citizens:
Veterans and other stakeholders interacting with the VA could see shifts in policy or service delivery due to changes in appointed leadership.
The broader public may perceive this as an effort to increase political influence over government operations, though the order prohibits consideration of political affiliation in VA appointments.
International Relations: No direct impact on international relations is evident, as the order focuses on domestic civil service policy.

Department of Veterans Affairs: Directly targeted for implementation of Schedule G appointments, with potential changes in leadership and policy focus.
Office of Personnel Management (OPM): Responsible for regulatory updates and oversight of the new schedule.
Federal Employees and Appointees: Individuals in or seeking noncareer policy-making or policy-advocating roles may face new appointment or removal processes under Schedule G.
Veterans and VA Service Recipients: Indirectly affected by potential shifts in VA leadership and policy direction.
White House Office of Presidential Personnel: Plays a role in approving appointments to positions subject to change during transitions.

Legal Implications:
The order relies on existing statutory authority under 5 U.S.C. 3301, 3302, and 7511, ensuring its legal basis for creating a new excepted service category. However, the exemption of Schedule G positions from competitive service rules could invite legal challenges regarding fairness or adherence to merit-based principles in federal hiring.
The provision that the order does not create enforceable rights or benefits (Sec. 6(c)) limits potential litigation against the government over its implementation.
Constitutional Implications:
The order aligns with the President’s constitutional authority to appoint officers of the United States (Article II, Section 2), particularly in roles tied to policy-making. However, critics might argue that expanding excepted service categories could undermine the constitutional balance between executive control and statutory civil service protections.
Political Implications:
The creation of Schedule G and its focus on transition-sensitive positions may be seen as an effort to enhance Presidential influence over key policy roles, especially within the VA. This could lead to debates about the politicization of federal agencies, despite the order’s prohibition on considering political affiliation for VA appointments.
The timing and focus on Presidential transitions could raise questions about continuity of government operations during changes in administration, potentially affecting long-term policy stability.

This summary reflects the content of the executive order as presented, maintaining neutrality and focusing on its stated objectives and provisions.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.