SEC. 2. ESTABLISHING SCHEDULE F OF THE EXCEPTED 
SERVICE. 
(a) IN GENERAL.—Subchapter I of chapter 33 of title 
5, United States Codes, is amended by adding at the end 
the following: 
‘‘§ 3330f. Schedule F of the excepted service 
‘‘(a) There is established in the excepted service a 
Schedule F consisting of any position that is of a confiden-
tial, policy-determining, policy-making, or policy-advo-
cating character and that is not normally subject to 
change as a result of a Presidential transition. 
‘‘(b) Not later than 210 days after the date of enact-
ment of this section, and annually thereafter, the head of 
each Executive agency shall review each position at the 
agency covered by subchapter II of chapter 75. 
‘‘(c) Following any review under subsection (b), the 
head shall— 
‘‘(1) with respect to positions not excepted from 
the competitive service by statute, petition the Direc-
tor of the Office of Personnel Management to place 
in Schedule F any competitive service or excepted 
service position under schedule A, B, or D positions 
within the agency that the head determines to be of 
a confidential, policy-determining, policy-making, or 
policy-advocating character and that are not nor-
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mally subject to change as a result of a Presidential 
transition; and 
‘‘(2) for positions excepted from the competitive 
service by statute, determine which such positions 
are of a confidential, policy-determining, policy-mak-
ing, or policy-advocating character and are not nor-
mally subject to change as a result of a Presidential 
transition. 
‘‘(d) Any petition under subsection (c)(1) shall in-
clude a written explanation for the basis for the agency 
head’s determination that such position should be placed 
in Schedule F, and the agency head shall publish such de-
termination in the Federal Register. 
‘‘(e) When conducting the review required by sub-
section (b), each agency head should consider the appro-
priateness of either petitioning the Director to place in 
Schedule F or including in the determination published 
in the Federal Register, as applicable, positions whose du-
ties include any of the following: 
‘‘(1) Substantive participation in the advocacy 
for or development or formulation of policy, espe-
cially— 
‘‘(A) substantive participation in the devel-
opment or drafting of regulations and guidance; 
or 
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‘‘(B) substantive policy-related work in an 
agency or agency component that primarily fo-
cuses on policy. 
‘‘(2) The supervision of attorneys. 
‘‘(3) Substantial discretion to determine the 
manner in which the Executive agency exercises 
functions committed to the agency by law. 
‘‘(4) Viewing, circulating, or otherwise working 
with proposed regulations, guidance, executive or-
ders, or other non-public policy proposals or delib-
erations generally covered by deliberative process 
privilege and either— 
‘‘(A) directly reporting to, or regularly 
working with, an individual appointed by the 
President or an Executive agency head who is 
paid at a rate not less than that earned by em-
ployees at GS–13 of the General Schedule; or 
‘‘(B) working in the agency or agency com-
ponent executive secretariat (or equivalent). 
‘‘(5) Conducting, on the Executive agency’s be-
half, collective bargaining negotiations under chapter 
71. 
‘‘(f) The Director shall determine whether to grant 
any petition under subsection (c) to place a position in 
Schedule F. Not later than December 31 of each year, 
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the Director shall report to the President, through the Di-
rector of the Office of Management and Budget and the 
Assistant to the President for Domestic Policy, concerning 
the number of petitions granted and denied for that year 
for each Executive agency. 
‘‘(g) Each Executive agency head shall, as necessary 
and appropriate, expeditiously petition the Federal Labor 
Relations Authority to determine whether any Schedule F 
position must be excluded from a collective bargaining unit 
under section 7112(b), paying particular attention to the 
question of whether incumbents in such positions are re-
quired or authorized to formulate, determine, or influence 
the policies of the agency. 
‘‘(h) In appointing an individual to a position in 
Schedule F, each Executive agency shall follow the prin-
ciple of veteran preference as far as administratively fea-
sible. 
‘‘(i) Each Executive agency shall establish rules to 
prohibit the same personnel practices prohibited by section 
2302(b) with respect to any employee or applicant for em-
ployment in Schedule F of the excepted service. 
‘‘(j) The Director of the Office of Personnel Manage-
ment may prescribe such regulations as are necessary to 
carry out this section. 
‘‘(k) In this section— 
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‘‘(1) the term ‘Director’ means the Director of 
the Office of Personnel Management; and 
‘‘(2) the term ‘Executive agency’ has the mean-
ing given that term in section 105, but does not in-
clude the Government Accountability Office.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
of subchapter I of chapter 33 of title 5, United States 
Codes, is amended by adding after the item relating to 
section 3330e the following: 
‘‘3330f. Schedule F of the excepted service.’’. 
Æ 
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