Democrats from Congress advocate for the repeal of Schedule F regulations

The Office of Personnel Management (OPM) has received nearly 9,000 comments on its proposal to revive Schedule F, a move that aims to strip tens of thousands of federal employees of their civil service protections.

Last month, the OPM published proposed rules for the revival of President Trump's first-term effort to reclassify federal workers. If implemented, OPM is expected to finalize the rules and President Trump to sign an executive order, ordering the first round of job reclassifications.

The proposed rules govern the reinstatement of Schedule F, which has raised concerns among Democratic lawmakers. A group of 27 Democratic lawmakers, led by Sen. Tim Kaine and Rep. Gerry Connolly, wrote a letter to the acting OPM Director, urging the administration to reverse course on its plans to reinstate Schedule F.

The Democrats argue that OPM's directive to reschedule agency positions with any involvement in policy will have devastating impacts on civil servants, their families, and the communities they serve. They question OPM's estimate of 50,000 employees being affected by Schedule Policy/Career, the name of the proposal.

One of the primary concerns expressed by the Democrats is OPM's failure to adequately define what factors constitute 'confidential, policy-determining, policymaking or policy-advocating character', leaving interpretation largely up to each agency. This lack of clarity, they argue, could lead to arbitrary and politically motivated decisions.

The Democrats also express concern about OPM's failure to address the potential legal challenges to the reintroduction of Schedule F. As of Wednesday, there are multiple lawsuits challenging its legality.

Moreover, the Democrats cite Government Executive reporting on Leland Dudek's effort to convert whole offices and agency subcomponents into the new job classification. This raises concerns about the potential for widespread reclassifications and the impact on the civil service as a whole.

The Democrats argue that the administration's plan threatens to "upend" more than a century's worth of laws aimed at insulating the civil service from partisan influence. They point out that the reclassification of civil service positions into the excepted service would remove virtually all protections and rights currently afforded to civil servants, including due process and appeals rights that help ensure civil servants can conduct their duties without fear of politically motivated removal or retaliatory measures.

As of Wednesday, more than 1,000 comments were posted within the last 24 hours, reflecting the public's interest in this issue. The OPM is accepting public comments on the proposal until May 23. The future of Schedule F remains uncertain, with its revival facing significant opposition and legal challenges.