The budget proposes language that would prevent the spending of any money to carry out a Schedule F-like program. Image: Evgenia Parajanian/Shutterstock.com
By: FEDweek StaffThe Biden administration’s budget proposal calls on Congress to change the law to prevent the return of an excepted service Schedule F in a potential future administration, saying that “Americans deserve a Federal workforce selected and retained for its merit, skill, and experience not favoritism or political loyalties.”
A budget document notes that soon after taking office President Biden revoked an order issued in late 2020 by then-President Trump—which Trump has said he would revive if elected this November—that would have created that category for positions involved in making or carrying out policy or in providing confidential advice to political leadership. Competitive service employees moved into that category would have lost many of their civil service protections and the jobs could be filled without competition.
The NTEU union recently said that, based on information it received on how the OMB would have carried out the order, the number of potentially affected employees could be well higher than a commonly cited estimate of 50,000.
The budget says that the Biden administration “has repeatedly supported codifying the protections provided by Executive Order 14003 [Biden’s order] in statute and will continue to work with the Congress on this proposal.”
Separately, the budget proposes language that would prevent the spending of any money to carry out a Schedule F-like program.
“Further, in 2024, OPM anticipates finalizing new regulations to reinforce and clarify longstanding civil service protections and merit systems principles. OPM’s proposed regulations would protect employees from in voluntary loss of their earned civil service protections for reasons unrelated to poor performance or conduct,” it says.
Those rules, which officials have indicated could be finalized as soon as next month, would specify that only positions currently designated as politically appointive can be considered of a confidential or policy making or advocating character. They further would specify that competitive service employees converted to the excepted service for any reason would retain their employment rights and that any denial of those rights would be appealable to the MSPB.
Barring a return of Schedule F with either a change in law or with a change in regulations would prevent its potential return with only an executive order. Rules could in turn be revoked, although that would require going through a formal process, while enacting a ban in law would require a new change in the opposite direction.
Key Bills Advancing, but No Path to Avoid Shutdown Apparent
TSP Adds Detail to Upcoming Roth Conversion Feature
White House to Issue Rules on RIF, Disciplinary Policy Changes
DoD Announces Civilian Volunteer Detail in Support of Immigration Enforcement
See also,
How Do Age and Years of Service Impact My Federal Retirement
The Best Ages for Federal Employees to Retire
How to Challenge a Federal Reduction in Force (RIF) in 2025
Should I be Shooting for a $1M TSP Balance? Depends…
