Government Capacity

Everything You Need to Know (and Ask!) About OPM’s New Schedule Policy/Career Role: Oversight Resource for OPM’s Schedule Policy/Career Rule

02.13.26 | 8 min read | Text by Loren DeJonge Schulman

In February 2026, the Office of Personnel Management finalized a rule creating Schedule Policy/Career, a new category for certain career federal positions they deem as “policy-influencing.” 

When the rule was initially proposed, FAS raised concerns that removing civil servant employment protections could place unnecessary and undesirable political pressure on highly specialized scientific and technical career professionals serving in government. While we appreciate the Administration’s revisions (such as those that clarify competitive service status), important questions remain about how the rule will be implemented in practice, and how it may affect agency operations, workforce motivation, and mission delivery. This is a complex change to a long-standing system, with significant implications for thousands of current and future public servants – with great potential for unintended consequences. Congress has both a responsibility and opportunity to understand the rule’s intent, implementation, and impacts as it works constructively to shape a better federal workforce system that meets the needs of the country.

This resource is designed to help Congressional members and staff (and other oversight bodies) with cross-cutting and agency oversight roles understand what implementation could look like, where discretion lives in implementation, what changes or risks may emerge over time, and what questions may be most useful to ask in oversight activities such as hearings, briefings, letters, commissioned reports, and GAO audits. Potential areas to watch and requests are aimed at specific implementation periods, as part ongoing engagement with individual agencies, or as part of more holistic review, with the goal of supporting practical, evidence-based oversight as agencies put the rule into effect.

Background

Under the rule, Schedule P/C positions remain career, merit-based roles, but employees in Schedule P/C roles:

Importantly, career staff who had competitive status can transfer to a non-Schedule P/C role and regain competitive service protections. Staff who are hired into Schedule P/C roles under the merit system can likewise gain competitive status after 2 years and acquire competitive service protections if they move out of Schedule P/C.

This rule gives agencies significantly more authority over certain career policy roles. Whether that authority improves accountability or creates new risks depends almost entirely on how agencies interrupt and apply it. 

If you’re interested in….

What the rule actually changes (and what it doesn’t)

Understand

Ask agencies (now)

Watch

Why it matters: Early confusion or inconsistency may lead to uneven or overbroad designation of roles, uneven treatment across agencies, or morale challenges due to confusion about goals.

What is policy influencing (and what isn’t)

Understand: Agencies are supposed to identify roles based on whether the duties of the position meet the statutory test for being policy influencing – the role, not the person. Agencies are told to consider: roles that:

Agencies should not be considering: 

Ask (after agencies have made determinations): 

Watch: 

Why it matters: Good oversight here is about definitions and consistency.

How positions get put on the schedule

Understand: Agencies identify the roles, OPM vets the justification, and the President makes the final decision to place the positions into Schedule Policy/Career.

Ask (after agencies have made designations)

Ask (on a rolling basis, or in a GAO review 1 year after implementation)

Watch

Why it matters: Much of the practical discretion in this rule rests in how agencies conduct and document this step. Understanding this process is key to meaningful oversight.

What the loss of Chapter 43 & 75 protections really means

Understand: This removes performance improvement periods (PIPs), MSPB appeal rights, and statutory due process (notice and response) removal processes.

Ask

Watch

Why it matters: The health of the civil service depends on disciplined, fair, and consistent implementation of workforce policies. 

What replaces MSPB and OSC review and whistleblower safeguards

Understand: Schedule P/C employees cannot appeal placement or removal through MSPB or file complaints with the OSC. Instead, the rule requires agencies to create and enforce internal protections against Prohibited Personnel Practices (PPPs), including whistleblower reprisal.

Ask (when agencies have made designations)

Watch

Why it matters: Under the traditional civil service system, MSPB provided an independent judge,  formal record, public decisions, visible check on agency action. OSC safeguarded the merit system by protecting federal employees and applicants from prohibited personnel practices and provided a secure channel for federal employees to blow the whistle by disclosing wrongdoing. Under Schedule P/C, legitimacy depends on whether agencies build credible, transparent, and trusted internal safeguards. Visible safeguards are essential for preventing misuse of at-will authority; protecting whistleblowers and dissenters acting in good faith; maintaining workforce trust in policy offices; ensuring accountability does not become perceived politicization. Agencies need to have strong systems before problems arise.

Hiring and merit rules

Understand: Hiring for Schedule P/C roles must still follow merit procedures. New hires in Schedule P/C can gain competitive status in 2 years.

Ask (on a rolling basis)

Watch

Why it matters: Perceptions of politicization may arise here.

Workforce and mission impacts

Understand: These roles will sit in a wide range of functions across agencies. Early concerns about Schedule P/C highlighted risks to sensitive, scientific, technical, or high-demand roles where continuity and ability to “speak truth to power” are valued. 

Ask (on a rolling basis)

Watch

Why it matters: Accountability gains should not come at the expense of mission capacity.

Does this address the performance problem it’s meant to solve?

Understand: OPM justifies the rule using MSPB and FEVS data showing managers struggle to remove poor performers; however, the rule does not introduce a more mature performance management standard. 

Ask (on a rolling basis, or through GAO review)

Watch

Why it matters: Congress should know if the remedy matches the diagnosis.

Data Congress should request via GAO for ongoing tracking and comparison

Request from agencies:

Why it matters: Early transparency prevents speculation and enables evidence-based oversight.