119-hr697

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 697 Introduced in House

    (IH) ]

<DOC>

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.

_______________________________________________________________________

 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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