[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 697 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 697
To establish Schedule Policy/Career (commonly referred to as ``Schedule
F'') in the excepted service, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
January 23, 2025
Mr. Ogles introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To establish Schedule Policy/Career (commonly referred to as ``Schedule
F'') in the excepted service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enabling Necessary Discipline with
the Defense of Executives' Endeavors to Properly Staff Their Agencies
with Trustworthy Employees Act'' or the ``End the Deep State Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) accountability is essential for all Federal employees;
(2) any power these Federal employees have is delegated by
the President, and they must be accountable to the President,
who is the only member of the executive branch, other than the
Vice President, elected and directly accountable to the
American people; and
(3) the President and his appointees must be able to rely
on men and women in the Federal service employed in positions
of a confidential, policy-determining, policy-making, or
policy-advocating character.
SEC. 3. DEFINITION.
In this Act, the phrase ``normally subject to change as a result of
a Presidential transition'' refers to positions whose occupants are, as
a matter of practice, expected to resign upon a Presidential transition
and includes all positions whose appointment requires the assent of the
White House Office of Presidential Personnel.
SEC. 4. EXCEPTED SERVICE.
Appointments of individuals to positions of a confidential, policy-
determining, policy-making, or policy-advocating character that are not
normally subject to change as a result of a Presidential transition
shall be made under Schedule Policy/Career of the excepted service, as
established by section 5 of this Act.
SEC. 5. SCHEDULE POLICY/CAREER OF THE EXCEPTED SERVICE.
(a) In General.--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:
(1) Schedule a.--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.
(2) Schedule b.--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.
(3) Schedule c.--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.
(4) Schedule d.--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.
(5) Schedule e.--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.
(6) Schedule policy/career.--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.
(b) Exception.--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.
(c) OPM.--The Director of the Office of Personnel Management (in
this Act referred to as the ``Director'') shall, not later than January
19, 2029--
(1) 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
(2) provide guidance on conducting a swift, orderly
transition from existing appointment processes to the Schedule
Policy/Career process established by this Act.
SEC. 6. AGENCY ACTIONS.
(a) In General.--Each head of an executive agency (as that term is
defined in section 105 of title 5, United States Code, but excluding
the Government Accountability Office) shall conduct, by April 20, 2025,
a preliminary review of agency positions covered by subchapter II of
chapter 75 of such title 5, and shall conduct a complete review of such
positions by August 18, 2025. Thereafter, each agency head shall
conduct a review of agency positions covered by such subchapter II on
at least an annual basis. Following such reviews each agency head
shall--
(1) for positions not excepted from the competitive service
by statute, petition the Director to recommend that the
President place in Schedule Policy/Career any such competitive
service, Schedule A, Schedule B, or Schedule D positions within
the agency that the agency head determines to be of a
confidential, policy-determining, policy-making, or policy-
advocating character and that are not normally subject to
change as a result of a Presidential transition. Any such
petition shall include a written explanation documenting the
basis for the agency head's determination that such position
should be placed in Schedule Policy/Career; and
(2) for positions excepted from the competitive service by
statute, determine which such positions are of a confidential,
policy-determining, policy-making, or policy-advocating
character and are not normally subject to change as a result of
a Presidential transition.
(b) Publication.--The determination under subsection (a)(2) shall
be published by the applicable agency head in the Federal Register.
Such positions shall be considered Schedule Policy/Career positions for
the purposes of agency actions under sections 6(e) and 7 of this Act.
(c) Application.--The requirements of subsection (a) shall apply to
currently existing positions and newly created positions.
(d) Requirements.--When conducting the review required by
subsection (a), each agency head should give particular consideration
to the appropriateness of either petitioning the Director to place in
Schedule Policy/Career or including in the determination published in
the Federal Register, as applicable, positions whose duties include the
following:
(1) Substantive participation in the advocacy for or
development or formulation of policy, especially--
(A) substantive participation in the development or
drafting of regulations and guidance; or
(B) substantive policy-related work in an agency or
agency component that primarily focuses on policy.
(2) The supervision of attorneys.
(3) Substantial discretion to determine the manner in which
the agency exercises functions committed to the agency by law.
(4) Viewing, circulating, or otherwise working with
proposed regulations, guidance, Executive orders, or other non-
public policy proposals or deliberations generally covered by
deliberative process privilege and either--
(A) directly reporting to or regularly working with
an individual appointed by either the President or an
agency head who is paid at a rate not less than that
earned by employees at Grade 13 of the General
Schedule; or
(B) working in the agency or agency component
executive secretariat (or equivalent).
(5) Conducting, on the agency's behalf, collective
bargaining negotiations under chapter 71 of title 5, United
States Code.
(6) Directly or indirectly supervising employees in
Schedule Policy/Career positions.
(7) Duties that the Director otherwise indicates may be
appropriate for inclusion in Schedule Policy/Career.
(e) Recommendation.--The Director shall promptly recommend to the
President which positions should be placed in Schedule Policy/Career.
(f) Collective Bargaining.--Each agency head shall, as necessary
and appropriate, expeditiously petition the Federal Labor Relations
Authority to determine whether any Schedule Policy/Career position must
be excluded from a collective bargaining unit under section 7112(b) of
title 5, United States Code, paying particular attention to the
question of whether incumbents in such positions are required or
authorized to formulate, determine, or influence the policies of the
agency.
SEC. 7. PROHIBITED PERSONNEL PRACTICES PROHIBITED.
(a) In General.--Agencies shall establish rules to prohibit the
personnel practices prohibited by section 2302(b) of title 5, United
States Code, with respect to any employee or applicant for employment
in Schedule Policy/Career of the excepted service.
(b) Requirements.--Employees in or applicants for Schedule Policy/
Career positions are not required to personally or politically support
the current President or the policies of the current administration.
They are required to faithfully implement administration policies to
the best of their ability, consistent with their constitutional oath
and the vesting of executive authority solely in the President. Failure
to do so is grounds for dismissal.
SEC. 8. CONFORMING REGULATORY CHANGES.
The Director shall promptly amend the Civil Service Regulations to
rescind all changes made by the final rule of April 9, 2024,
``Upholding Civil Service Protections and Merit System Principles,'' 89
Fed. Reg. 24982, that impede the purposes of or would otherwise affect
the implementation of Executive Order 13957. Until such rescissions are
effectuated (including the resolution of any judicial review), subpart
F of part 302, section 210.102(b)(3), and section 210.102(b)(4) of
title 5, Code of Federal Regulations, shall be held inoperative and
without effect.
SEC. 9. ADDITIONAL POSITIONS FOR CONSIDERATION.
Not later than 30 days after the date of the enactment of this Act,
the Director shall, after consultation with the Executive Office of the
President, issue guidance about additional categories of positions that
executive departments and agencies should consider recommending for
Schedule Policy/Career.
SEC. 10. REVOCATION.
Executive Order 14003 of January 22, 2021 (Protecting the Federal
Workforce), shall have no force or effect, and any rules, regulations,
guidance, or other agency policies effectuated under Executive Order
14003 shall not be enforced. The heads of each executive department and
agency shall review and identify existing agency actions relating to or
arising under section 3(e)(v) and 3(f) of Executive Order 14003
(relating to suspending, revising, or rescinding revisions to
discipline and unacceptable performance policies) and, as soon as
practicable, suspend, revise, or rescind such actions identified in the
review.
SEC. 11. GENERAL PROVISIONS.
(a) Severability.--If any provision of this Act, or the application
of any provision to any person or circumstances, is held to be invalid,
the remainder of this Act and the application of any of its other
provisions to any other persons or circumstances shall not be affected
thereby.
(b) Application.--Nothing in this Act shall be construed to limit
or narrow the positions that are or may be listed in Schedule C.
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