Sec. 5. Schedule policy/career of the excepted service
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/bill/119/hr/697/ih/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Office of Personnel Management (in this Act referred to as OPM ) shall list positions that it excepts from the competitive service in Schedules A, B, C, D, E, and Policy/Career, as follows: 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. 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. 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. 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 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. Position of administrative law judge appointed under section 3105 of title 5, United States Code. 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 part 302 of title 5, Code of Federal Regulations, including examination and rating requirements, though each agency shall follow the principle of veteran preference as far as administratively feasible.
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. 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, or Policy/Career, 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. The Director of the Office of Personnel Management (in this Act referred to as the Director ) shall, not later than January 19, 2029— adopt such regulations as the Director determines may be necessary to implement this Act including, as appropriate, providing for the application of Civil Service Rule 6.3(a) (as amended on the date of the enactment of this Act) to Schedule Policy/Career positions and amendments to or rescissions of regulations that are inconsistent with, or that would impede the implementation of, this Act, giving particular attention to subpart D of part 212, subparts A and C of part 213, and section 302.101 of title 5, Code of Federal Regulations; and provide guidance on conducting a swift, orderly transition from existing appointment processes to the Schedule Policy/Career process established by this Act.