2026-02375RuleSignificant

Improving Performance, Accountability and Responsiveness in the Civil Service

Published Date: 2/6/2026

Rule

Summary

Starting March 9, 2026, federal agencies can quickly remove career employees in important policy jobs if they perform poorly or break rules. These jobs stay nonpartisan but become at-will, meaning employees don’t have the usual appeal rights. This change helps keep the government honest and responsive without wasting time, while still protecting workers from unfair treatment.

Analyzed Economic Effects

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

At‑Will Removals for Policy Jobs

If you are a career federal employee in a policy‑influencing job, agencies can move your position into “Schedule Policy/Career” starting March 9, 2026. Those positions remain career jobs but become at‑will and are excepted from chapter 75 and chapter 43 procedural protections and Merit Systems Protection Board (MSPB) appeals, allowing agencies to remove incumbents more quickly for poor performance, misconduct, or intentionally subverting Presidential directives.

Statutory Whistleblower Protections Changed

Employees in Schedule Policy/Career will be exempt from statutory prohibited personnel practice (PPP) coverage under 5 U.S.C. 2302(b) as of March 9, 2026. The rule also requires agencies to adopt internal policies barring PPPs, including whistleblower reprisal, but the statutory PPP protections will not apply to those excepted policy‑influencing positions.

Keep Student Loan Repayment Benefits

If you are reassigned to a Schedule Policy/Career position, you may continue to receive student loan repayment benefits under the terms of your existing service agreement and 5 CFR part 537, unless you lose eligibility as described in 5 CFR 537.108. This continuation applies to employees reassigned into Schedule Policy/Career.

Recruit/Relocation/Retention Pay Preserved

When positions are moved into Schedule Policy/Career, agencies may continue paying outstanding recruitment, relocation, or retention incentives under existing agreements. Agencies may also continue paying a retention incentive to an employee who is not under a service agreement when their position is moved into Schedule Policy/Career.

Competitive Hiring and Status Rules

Positions moved from the competitive service into Schedule Policy/Career will continue to be filled using competitive hiring procedures, and employees appointed to those positions may acquire competitive status. However, employees who retain competitive status and move into an excepted Schedule Policy/Career position do not remain in the competitive service while serving in that excepted position.

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Key Dates

Published Date
Rule Effective
2/6/2026
3/9/2026

Department and Agencies

Department
Independent Agency
Agency
Personnel Management Office
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