By the authority granted to me as President under the Constitution and the laws of the United States, including sections 3301, 3302, and 7511 of Title 5 of the United States Code, I hereby issue the following order:
Section 1. Purpose. Congress has acknowledged that efficient government administration necessitates certain positions being exempt from competitive service, especially those that involve confidential, policy-determining, or policy-advocating roles. While there are existing excepted service schedules that utilize this authority to some extent, such as Schedule C for noncareer positions of a confidential or policy-determining nature, there remains a notable absence of a schedule for noncareer roles specifically focused on policy-making or advocacy. To address this gap and enhance the operational efficiency of the Department of Veterans Affairs, I am instituting a new Schedule G within the excepted service for noncareer positions that are policy-making or policy-advocating in character.
Sec. 2. Definition. The term “normally subject to change as a result of a Presidential transition” pertains to positions whose holders are typically expected to resign when a new President takes office. This includes all positions where the appointment requires the approval of the White House Office of Presidential Personnel.
Sec. 3. Excepted Service. Appointments to roles with a policy-making or policy-advocating character that are typically subject to change during a Presidential transition will be made under Schedule G of the excepted service, as outlined in section 4 of this order.
Sec. 4. Schedule G. Civil Service Rule VI shall be amended as follows:
(a) 5 CFR 6.2 will be revised to state:
“The Office of Personnel Management (OPM) shall catalogue positions exempt from competitive service under Schedules A, B, C, D, E, Policy/Career, and G, which shall be integrated into this rule as follows:
Schedule A. Positions not classified as confidential or policy-determining for which examination is impractical shall be categorized here.
Schedule B. Positions not classified as confidential or policy-determining where competitive examination is impractical will fall under this schedule. Appointments to these roles will be subject to noncompetitive examination as prescribed by OPM.
Schedule C. Positions of a confidential or policy-determining nature that are typically subject to change during a Presidential transition shall be listed here.
Schedule D. Positions that do not fall under confidential or policy-determining categories, where competitive service requirements hinder effective recruitment from educational institutions or newly qualified individuals, will be listed in Schedule D.
Schedule E. Positions for administrative law judges appointed under 5 U.S.C. 3105 shall be included here. Good administrative practice necessitates that this role be part of the excepted service, exempting it from 5 CFR, part 302 requirements, although agencies should attempt to honor veteran preference as administratively feasible.
Schedule Policy/Career. Career positions classified as confidential, policy-determining, policy-making, or policy-advocating, not typically subject to change during a Presidential transition, shall be catalogued in this schedule. Agencies must adhere to veteran preference principles as much as feasible.
Schedule G. Positions characterized by policy-making or policy-advocating roles, which normally change with a Presidential transition, will be included in this schedule.”
(b) 5 CFR 6.4 will be modified to read:
“Except as mandated by law, the Civil Service Rules and Regulations shall not apply to removals from positions listed in Schedules A, C, D, E, Policy/Career, or G, nor from positions exempted by statute. Civil Service Rules will apply to removals from Schedule B positions of individuals with competitive status.”
Sec. 5. Implementation. (a) The Director of the Office of Personnel Management is directed to implement such regulations as deemed necessary to carry out this order, with a particular focus on appropriate amendments to 5 CFR, part 213.
(b) When making appointments to Schedule G positions within the excepted service, the Secretary of Veterans Affairs:
(i) is required to evaluate whether potential appointees align with the President’s policy objectives; and
(ii) is prohibited from considering the political affiliations or activities of prospective appointees.
Sec. 6. General Provisions. (a) Nothing in this order shall be interpreted to limit or affect:
(i) the authority conferred by law to any executive department or agency, or its head; or
(ii) the functions of the Director of the Office of Management and Budget regarding budgetary, administrative, or legislative proposals.
(b) This order shall be executed in accordance with applicable law and subject to available appropriations.
(c) This order does not intend to, nor does it create, any enforceable rights or benefits, substantive or procedural, for any party against the United States, its departments, agencies, or entities, their officers, employees, or agents, or any other individual.
(d) The costs associated with the publication of this order will be borne by the Office of Personnel Management.
DONALD J. TRUMP
THE WHITE HOUSE,
July 17, 2025.
