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OPM Proposes Overhaul of Excepted Service Hiring Rules, ALJ Appointments, and Pathways Programs

The Office of Personnel Management is seeking public comment on a proposed rule that would modernize excepted-service hiring procedures, conform regulations to recent executive orders, and update Pathways and administrative law judge appointment rules.

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What the Rule Does

The Office of Personnel Management (OPM) has proposed to amend its civil service regulations governing the excepted service, Pathways Programs, and administrative law judge (ALJ) appointments. The proposed rule would conform OPM regulations to current excepted-service schedules — including Schedules E, Policy/Career, and G — modernize part 302 procedures, authorize and clarify Pathways conversions to Schedule Policy/Career, and make related conforming amendments across eight parts of the Code of Federal Regulations: 5 CFR 213, 302, 317, 359, 362, 432, 550, and 731. OPM has designated the rulemaking as economically significant.

Background: Part 302 and Veterans' Preference

OPM's regulations in part 302 have long implemented 5 U.S.C. 3320, which requires nominating or appointing authorities to select for each excepted-service vacancy from qualified applicants "in the same manner and under the same conditions" required for the competitive service with respect to veterans' preference and related provisions. The agency explains that current part 302 contains detailed procedures for accepting applications, examining applicants, maintaining employment lists, applying orders of consideration, and making selections.

The proposed rule would remove the legacy structure of priority reemployment lists, reemployment lists, regular employment lists, Orders A, B, and C, professional orders, and unranked orders. In place of that structure, the rule would require agencies to identify and consider qualified and available priority candidates before selecting non-priority candidates, subject to any available and lawful exception. According to OPM, the intent is to simplify part 302 while preserving its statutory core: veterans' preference, job-related qualification requirements, and legally required priority consideration. The rule would also retain and clarify restoration and priority-placement protections for employees recovering from compensable injuries under 5 U.S.C. 8151.

Conforming Amendments Tied to Recent Executive Orders

OPM states that several recent executive orders require conforming amendments to part 213 and related civil service regulations. Executive Order 13843 of July 10, 2018 directed that appointments of ALJs under 5 U.S.C. 3105 be made under Schedule E of the excepted service, and stated that appointment to an ALJ position is not subject to part 302 examination and rating requirements, though agencies must follow the principle of veterans' preference as far as administratively feasible.

Executive Order 13957 of October 21, 2020 created Schedule F for career positions of a confidential, policy-determining, policy-making, or policy-advocating character. Executive Order 14171 of January 20, 2025 reinstated and amended E.O. 13957, replacing Schedule F terminology with "Schedule Policy/Career." Most recently, Executive Order 14317 of July 17, 2025 created Schedule G for noncareer positions of a policy-making or policy-advocating character. The proposed rule would bring OPM's regulations into alignment with each of these orders.

Relationship to a Companion Rulemaking

OPM notes that this proposal is supplemented by a separate OPM regulation — Shared Certificates and Pooled Hiring Actions, published at 91 FR 58347 on September 15, 2026 — which includes additional enhancements to 5 CFR part 302 that align with changes being made to the regulations governing recruitment and hiring in the competitive service.

What to Watch

Public comments on the proposed rule must be received on or before November 17, 2026. Comments may be submitted at regulations.gov and will generally be posted publicly as received, though OPM retains discretion to redact personal or sensitive information. Further information is available from Ms. Katika Floyd at (202) 606-9531.

Related

Sources

18 cited

Every hard fact above is grounded in and cited to a primary source record.

  1. OPM proposes to amend its regulations governing the excepted service, Pathways Programs, and administrative law judge (ALJ) appointments.

    federalregister.gov

  2. The proposed rule would conform OPM regulations to current excepted-service schedules, including Schedules E, Policy/Career, and G.

    federalregister.gov

  3. The proposed rule would authorize and clarify Pathways conversions to Schedule Policy/Career.

    federalregister.gov

  4. Affected regulations include 5 CFR 213, 302, 317, 359, 362, 432, 550, and 731.

    federalregister.gov

  5. OPM has designated the rulemaking as economically significant.

    federalregister.gov

  6. 5 U.S.C. 3320 requires nominating or appointing authorities to select for each excepted-service vacancy from qualified applicants in the same manner and under the same conditions required for the competitive service with respect to veterans' preference.

    federalregister.gov

  7. The proposed rule would remove the legacy structure of priority reemployment lists, reemployment lists, regular employment lists, Orders A, B, and C, professional orders, and unranked orders.

    federalregister.gov

  8. In place of that structure, the rule would require agencies to identify and consider qualified and available priority candidates before selecting non-priority candidates, subject to any available and lawful exception.

    federalregister.gov

  9. The rule would retain and clarify restoration and priority-placement protections for employees recovering from compensable injuries under 5 U.S.C. 8151.

    federalregister.gov

  10. Executive Order 13843 of July 10, 2018 directed that appointments of ALJs under 5 U.S.C. 3105 be made under Schedule E of the excepted service.

    federalregister.gov

  11. Executive Order 13843 stated that appointment to an ALJ position is not subject to part 302 examination and rating requirements, though agencies must follow the principle of veterans' preference as far as administratively feasible.

    federalregister.gov

  12. Executive Order 13957 of October 21, 2020 created Schedule F for career positions of a confidential, policy-determining, policy-making, or policy-advocating character.

    federalregister.gov

  13. Executive Order 14171 of January 20, 2025 reinstated and amended E.O. 13957, replacing Schedule F terminology with Schedule Policy/Career.

    federalregister.gov

  14. Executive Order 14317 of July 17, 2025 created Schedule G for noncareer positions of a policy-making or policy-advocating character.

    federalregister.gov

  15. A companion OPM rulemaking — Shared Certificates and Pooled Hiring Actions — was published at 91 FR 58347 on September 15, 2026 and includes additional enhancements to 5 CFR part 302.

    federalregister.gov

  16. Comments on the proposed rule must be received on or before November 17, 2026.

    federalregister.gov

  17. Comments will generally be posted publicly as received, though OPM retains discretion to redact personal or sensitive information.

    federalregister.gov

  18. Further information is available from Ms. Katika Floyd at (202) 606-9531.

    federalregister.gov

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