[Federal Register Volume 90, Number 139 (Wednesday, July 23, 2025)]
[Presidential Documents]
[Pages 34753-34755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13925]
Presidential Documents
Federal Register / Vol. 90, No. 139 / Wednesday, July 23, 2025 /
Presidential Documents
[[Page 34753]]
Executive Order 14317 of July 17, 2025
Creating Schedule G in the Excepted Service
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 3301, 3302, and 7511 of
title 5, United States Code, it is hereby ordered:
Section 1. Purpose. The Congress has recognized that
effective Government administration requires excepting
some positions from the competitive service based on
their confidential, policy-determining, policy-making,
or policy-advocating character. Existing excepted
service schedules make partial use of this authority.
Schedule C of the excepted service authorizes
appointments to noncareer excepted service positions of
a confidential or policy-determining character.
Schedule Policy/Career of the excepted service
authorizes appointments to career positions of a
confidential, policy-determining, policy-making, or
policy-advocating character.
There is, however, no excepted service schedule for
noncareer positions of a policy-making or policy-
advocating character. Pursuant to 5 U.S.C. 3302(1),
conditions of good administration, including
eliminating this gap in excepted service schedules and
improving the operations of the Department of Veterans
Affairs, make necessary creating a new Schedule G in
the excepted service for noncareer positions of a
policy-making or policy-advocating character.
Sec. 2. Definition. The phrase ``normally subject to
change as a result of a Presidential transition''
refers to positions whose occupants are, as a matter of
practice, expected to resign upon a Presidential
transition and includes all positions whose appointment
requires the assent of the White House Office of
Presidential Personnel.
Sec. 3. Excepted Service. Appointments of individuals
to positions of a policy-making or policy-advocating
character normally subject to change as a result of a
Presidential transition shall be made under Schedule G
of the excepted service, as established by section 4 of
this order.
Sec. 4. Schedule G. Civil Service Rule VI is amended as
follows:
(a) 5 CFR 6.2 is amended to read:
``OPM shall list positions that it excepts from the
competitive service in Schedules A, B, C, D, E, Policy/
Career, and G, which schedules shall constitute parts
of this rule, as follows:
Schedule A. Positions other than those of a
confidential or policy-determining character for which
it is not practicable to examine shall be listed in
Schedule A.
Schedule B. Positions other than those of a
confidential or policy-determining character for which
it is not practicable to hold a competitive examination
shall be listed in Schedule B. Appointments to these
positions shall be subject to such noncompetitive
examination as may be prescribed by OPM.
Schedule C. Positions of a confidential or policy-
determining character normally subject to change as a
result of a Presidential transition shall be listed in
Schedule C.
Schedule D. Positions other than those of a
confidential or policy-determining character for which
the competitive service requirements make impracticable
the adequate recruitment of sufficient numbers of
students attending qualifying educational institutions
or individuals who have recently completed
[[Page 34754]]
qualifying educational programs. These positions, which
are temporarily placed in the excepted service to
enable more effective recruitment from all segments of
society by using means of recruiting and assessing
candidates that diverge from the rules generally
applicable to the competitive service, shall be listed
in Schedule D.
Schedule E. Positions of administrative law judge
appointed under 5 U.S.C. 3105 shall be listed in
Schedule E. Conditions of good administration warrant
that the position of administrative law judge be placed
in the excepted service and that appointment to this
position not be subject to the requirements of 5 CFR,
part 302, including examination and rating
requirements, though each agency shall follow the
principle of veteran preference as far as
administratively feasible.
Schedule Policy/Career. Career positions of a
confidential, policy-determining, policy-making, or
policy-advocating character not normally subject to
change as a result of a Presidential transition shall
be listed in Schedule Policy/Career. In appointing an
individual to a position in Schedule Policy/Career,
each agency shall follow the principle of veteran
preference as far as administratively feasible.
Schedule G. Positions of a policy-making or policy-
advocating character normally subject to change as a
result of a Presidential transition shall be listed in
Schedule G.''
(b) 5 CFR 6.4 is amended to read:
``Except as required by statute, the Civil Service
Rules and Regulations shall not apply to removals from
positions listed in Schedules A, C, D, E, Policy/
Career, or G, or from positions excepted from the
competitive service by statute. The Civil Service Rules
and Regulations shall apply to removals from positions
listed in Schedule B of persons who have competitive
status.''
Sec. 5. Implementation. (a) The Director of the Office
of Personnel Management shall adopt such regulations as
the Director determines may be necessary to implement
this order, giving particular attention to appropriate
amendments to 5 CFR, part 213.
(b) In making appointments to positions in Schedule
G of the excepted service, the Secretary of Veterans
Affairs:
(i) shall consider whether prospective appointees would be suitable
exponents of the President's policies; and
(ii) shall not take into account prospective appointees' political
affiliation or political activity.
Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
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(d) The costs for publication of this order shall
be borne by the Office of Personnel Management.
(Presidential Sig.)
THE WHITE HOUSE,
July 17, 2025.
[FR Doc. 2025-13925
Filed 7-22-25; 11:15 am]
Billing code 6325-38-P