January 23, 2025
Mr. Ogles introduced the following bill; which was referred to the Committee on Oversight and Government Reform
To establish Schedule Policy/Career (commonly referred to as Schedule F
) in the excepted service, and for other purposes.
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.