I 
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 Representa-
tives 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 Employ-
ees Act’’ or the ‘‘End the Deep State Act’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
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(1) accountability is essential for all Federal 
employees; 
(2) any power these Federal employees have is 
delegated by the President, and they must be ac-
countable to the President, who is the only member 
of the executive branch, other than the Vice Presi-
dent, elected and directly accountable to the Amer-
ican people; and 
(3) the President and his appointees must be 
able to rely on men and women in the Federal serv-
ice employed in positions of a confidential, policy-de-
termining, policy-making, or policy-advocating char-
acter. 
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 posi-
tions whose appointment requires the assent of the White 
House Office of Presidential Personnel. 
SEC. 4. EXCEPTED SERVICE. 
Appointments of individuals to positions of a con-
fidential, policy-determining, policy-making, or policy-ad-
vocating character that are not normally subject to change 
as a result of a Presidential transition shall be made under 
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Schedule Policy/Career of the excepted service, as estab-
lished by section 5 of this Act. 
SEC. 5. SCHEDULE POLICY/CAREER OF THE EXCEPTED 
SERVICE. 
(a) IN GENERAL.—The Office of Personnel Manage-
ment (in this Act referred to as ‘‘OPM’’) shall list posi-
tions that it excepts from the competitive service in Sched-
ules 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 ex-
amination shall be listed in Schedule B. Appoint-
ments 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 
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which the competitive service requirements make im-
practicable the adequate recruitment of sufficient 
numbers of students attending qualifying edu-
cational institutions or individuals who have recently 
completed qualifying educational programs. These 
positions, which are temporarily placed in the ex-
cepted service to enable more effective recruitment 
from all segments of society by using means of re-
cruiting and assessing candidates that diverge from 
the rules generally applicable to the competitive serv-
ice, 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 administra-
tion warrant that the position of administrative law 
judge be placed in the excepted service and that ap-
pointment to this position not be subject to the re-
quirements of part 302 of title 5, Code of Federal 
Regulations, including examination and rating re-
quirements, though each agency shall follow the 
principle of veteran preference as far as administra-
tively feasible. 
(6) SCHEDULE POLICY/CAREER.—Career posi-
tions of a confidential, policy-determining, policy- 
making, or policy-advocating character not normally 
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subject to change as a result of a Presidential tran-
sition 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 fea-
sible. 
(b) EXCEPTION.—Except as required by statute, the 
Civil Service Rules and Regulations shall not apply to re-
movals from positions listed in Schedules A, C, D, E, or 
Policy/Career, or from positions excepted from the com-
petitive 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 de-
termines may be necessary to implement this Act in-
cluding, 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/Ca-
reer positions and amendments to or rescissions of 
regulations that are inconsistent with, or that would 
impede the implementation of, this Act, giving par-
ticular attention to subpart D of part 212, subparts 
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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, or-
derly 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 re-
view of agency positions covered by subchapter II of chap-
ter 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 competi-
tive service by statute, petition the Director to rec-
ommend 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 nor-
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mally 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-mak-
ing, or policy-advocating character and are not nor-
mally subject to change as a result of a Presidential 
transition. 
(b) PUBLICATION.—The determination under sub-
section (a)(2) shall be published by the applicable agency 
head in the Federal Register. Such positions shall be con-
sidered 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 
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Register, as applicable, positions whose duties include 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 
(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 agency exercises functions com-
mitted 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 work-
ing 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 
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(B) working in the agency or agency com-
ponent executive secretariat (or equivalent). 
(5) Conducting, on the agency’s behalf, collec-
tive 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 prompt-
ly 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 ex-
cluded 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, deter-
mine, 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 
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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 per-
sonally 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 Presi-
dent. 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 im-
pede the purposes of or would otherwise affect the imple-
mentation of Executive Order 13957. Until such rescis-
sions are effectuated (including the resolution of any judi-
cial review), subpart F of part 302, section 210.102(b)(3), 
and section 210.102(b)(4) of title 5, Code of Federal Reg-
ulations, shall be held inoperative and without effect. 
SEC. 9. ADDITIONAL POSITIONS FOR CONSIDERATION. 
Not later than 30 days after the date of the enact-
ment of this Act, the Director shall, after consultation 
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with the Executive Office of the President, issue guidance 
about additional categories of positions that executive de-
partments and agencies should consider recommending for 
Schedule Policy/Career. 
SEC. 10. REVOCATION. 
Executive Order 14003 of January 22, 2021 (Pro-
tecting the Federal Workforce), shall have no force or ef-
fect, 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 Ex-
ecutive Order 14003 (relating to suspending, revising, or 
rescinding revisions to discipline and unacceptable per-
formance 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 cir-
cumstances, 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. 
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(b) APPLICATION.—Nothing in this Act shall be con-
strued to limit or narrow the positions that are or may 
be listed in Schedule C. 
Æ 
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