,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hgaa ,,in ,,the ,,house ,,of ,,representatives ,october #cj1 #bjbj,mr4 ,keller introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to codify ,executive ,order #acieg entitled ,executive ,order on ,creating ,schedule ,f ,in ,the ,excepted ,service1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,workforce ,accountability and ,modernization ,act4 #b4 ,establishing ,schedule ,f of the excepted service 7a7 ,in general ,subchapter ,i of chapter #cc of title #e1 ,united ,states ,codes1 is amended by adding at the end the following3 #cccj;f4 ,schedule ,f of the excepted service 7a7 ,there is established in the excepted service a ,schedule ,f consisting of any position that is of a confidential1 policy-determining1 policy-making1 or policy-advocating character and that is not normally subject to change as a result of a ,presidential transition4 7b7 ,not later than #baj days after the date of enactment of this section1 and annually thereafter1 the head of each ,executive agency shall review each position at the agency covered by subchapter ,,ii of chapter #ge4 7c7 ,following any review under subsection 7b71 the head shall-- 7#a7 with respect to positions not excepted from the competitive service by statute1 petition the ,director of the ,office of ,personnel ,management to place in ,schedule ,f any competitive service or excepted service position under schedule ,a1 ,b1 or ,d positions within the agency that the head determines to be of a confidential1 policy-determining1 policy-making1 or policy-advocating character and that are not normally subject to change as a result of a ,presidential transition2 and 7#b7 for positions excepted from the competitive service by statute1 determine which such positions are of a confidential1 policy-determining1 policy-making1 or policy-advocating character and are not normally subject to change as a result of a ,presidential transition4 7d7 ,any petition under subsection 7c77#a7 shall include a written explanation for the basis for the agency head's determination that such position should be placed in ,schedule ,f1 and the agency head shall publish such determination in the ,federal ,register4 7e7 ,when conducting the review required by subsection 7b71 each agency head should consider the appropriateness of either petitioning the ,director to place in ,schedule ,f or including in the determination published in the ,federal ,register1 as applicable1 positions whose duties include any of the following3 7#a7 ,substantive participation in the advocacy for or development or formulation of policy1 especially-- 7,a7 substantive participation in the development or drafting of regulations and guidance2 or 7,b7 substantive policy-related work in an agency or agency component that primarily focuses on policy4 7#b7 ,the supervision of attorneys4 7#c7 ,substantial discretion to determine the manner in which the ,executive agency exercises functions committed to the agency by law4 7#d7 ,viewing1 circulating1 or otherwise working with proposed regulations1 guidance1 executive orders1 or other non-public policy proposals or deliberations generally covered by deliberative process privilege and either-- 7,a7 directly reporting to1 or regularly working with1 an individual appointed by the ,president or an ,executive agency head who is paid at a rate not less than that earned by employees at ,,gs-#ac of the ,general ,schedule2 or 7,b7 working in the agency or agency component executive secretariat 7or equivalent74 7#e7 ,conducting1 on the ,executive agency's behalf1 collective bargaining negotiations under chapter #ga4 7f7 ,the ,director shall determine whether to grant any petition under subsection 7c7 to place a position in ,schedule ,f4 ,not later than ,december #ca of each year1 the ,director shall report to the ,president1 through the ,director of the ,office of ,management and ,budget and the ,assistant to the ,president for ,domestic ,policy1 concerning the number of petitions granted and denied for that year for each ,executive agency4 7g7 ,each ,executive agency head shall1 as necessary and appropriate1 expeditiously petition the ,federal ,labor ,relations ,authority to determine whether any ,schedule ,f position must be excluded from a collective bargaining unit under section #gaab7;b71 paying particular attention to the question of whether incumbents in such positions are required or authorized to formulate1 determine1 or influence the policies of the agency4 7h7 ,in appointing an individual to a position in ,schedule ,f1 each ,executive agency shall follow the principle of veteran preference as far as administratively feasible4 7i7 ,each ,executive agency shall establish rules to prohibit the same personnel practices prohibited by section #bcjb7;b7 with respect to any employee or applicant for employment in ,schedule ,f of the excepted service4 7j7 ,the ,director of the ,office of ,personnel ,management may prescribe such regulations as are necessary to carry out this section4 7k7 ,in this section-- 7#a7 the term ,director means the ,director of the ,office of ,personnel ,management2 and 7#b7 the term ,executive agency has the meaning given that term in section #aje1 but does not include the ,government ,accountability ,office4 4 7b7 ,clerical amendment ,the table of sections of subchapter ,i of chapter #cc of title #e1 ,united ,states ,codes1 is amended by adding after the item relating to section #cccj;e the following3 #cccj;f4 ,schedule ,f of the excepted service4 4