,i #aaith ,,congress #ast ,session ,h4 ,r4 #fig ,,in ,,the ,,house ,,of ,,representatives ,january #bc1 #bjbe,mr4 ,ogles introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,a ,,bill ,to establish ,schedule ,policy_/,career 7commonly referred to as ,schedule ,f7 in the excepted service1 and for other purposes4 #a4 ,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 ,act4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 accountability is essential for all ,federal employees2 7#b7 any power these ,federal employees have is delegated by the ,president1 and they must be accountable to the ,president1 who is the only member of the executive branch1 other than the ,vice ,president1 elected and directly accountable to the ,american people2 and 7#c7 the ,president and his appointees must be able to rely on men and women in the ,federal service employed in positions of a confidential1 policy-determining1 policy-making1 or policy-advocating character4 #c4 ,definition ,in this ,act1 the phrase normally subject to change as a result of a ,presidential transition refers to positions whose occupants are1 as a matter of practice1 expected to resign upon a ,presidential transition and includes all positions whose appointment requires the assent of the ,white ,house ,office of ,presidential ,personnel4 #d4 ,excepted service ,appointments of individuals to positions of a confidential1 policy-determining1 policy-making1 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 service1 as established by section #e of this ,act4 #e4 ,schedule policy_/career of the excepted service 7a7 ,in general ,the ,office of ,personnel ,management 7in this ,act referred to as ,,opm7 shall list positions that it excepts from the competitive service in ,schedules ,a1 ,b1 ,c1 ,d1 ,e1 and ,policy_/,career1 as follows3 7#a7 ,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 ,a4 7#b7 ,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 ,b4 ,appointments to these positions shall be subject to such noncompetitive examination as may be prescribed by ,,opm4 7#c7 ,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 ,c4 7#d7 ,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 programs4 ,these positions1 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 service1 shall be listed in ,schedule ,d4 7#e7 ,schedule e ,position of administrative law judge appointed under section #caje of title #e1 ,united ,states ,code4 ,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 #cjb of title #e1 ,code of ,federal ,regulations1 including examination and rating requirements1 though each agency shall follow the principle of veteran preference as far as administratively feasible4 7#f7 ,schedule policy_/career ,career positions of a confidential1 policy-determining1 policy-making1 or policy-advocating character not normally subject to change as a result of a ,presidential transition shall be listed in ,schedule ,policy_/,career4 ,in appointing an individual to a position in ,schedule ,policy_/,career1 each agency shall follow the principle of veteran preference as far as administratively feasible4 7b7 ,exception ,except as required by statute1 the ,civil ,service ,rules and ,regulations shall not apply to removals from positions listed in ,schedules ,a1 ,c1 ,d1 ,e1 or ,policy_/,career1 or from positions excepted from the competitive service by statute4 ,the ,civil ,service ,rules and ,regulations shall apply to removals from positions listed in ,schedule ,b of persons who have competitive status4 7c7 ,,opm ,the ,director of the ,office of ,personnel ,management 7in this ,act referred to as the ,director7 shall1 not later than ,january #ai1 #bjbi-- 7#a7 adopt such regulations as the ,director determines may be necessary to implement this ,act including1 as appropriate1 providing for the application of ,civil ,service ,rule #f4c7;a7 7as amended on the date of the enactment of this ,act7 to ,schedule ,policy_/,career positions and amendments to or rescissions of regulations that are inconsistent with1 or that would impede the implementation of1 this ,act1 giving particular attention to subpart ,d of part #bab1 subparts ,a and ,c of part #bac1 and section #cjb4aja of title #e1 ,code of ,federal ,regulations2 and 7#b7 provide guidance on conducting a swift1 orderly transition from existing appointment processes to the ,schedule ,policy_/,career process established by this ,act4 #f4 ,agency actions 7a7 ,in general ,each head of an executive agency 7as that term is defined in section #aje of title #e1 ,united ,states ,code1 but excluding the ,government ,accountability ,office7 shall conduct1 by ,april #bj1 #bjbe1 a preliminary review of agency positions covered by subchapter ,,ii of chapter #ge of such title #e1 and shall conduct a complete review of such positions by ,august #ah1 #bjbe4 ,thereafter1 each agency head shall conduct a review of agency positions covered by such subchapter ,,ii on at least an annual basis4 ,following such reviews each agency head shall-- 7#a7 for positions not excepted from the competitive service by statute1 petition the ,director to recommend that the ,president place in ,schedule ,policy_/,career any such competitive service1 ,schedule ,a1 ,schedule ,b1 or ,schedule ,d positions within the agency that the agency 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 transition4 ,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_/,career2 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 7b7 ,publication ,the determination under subsection 7a77#b7 shall be published by the applicable agency head in the ,federal ,register4 ,such positions shall be considered ,schedule ,policy_/,career positions for the purposes of agency actions under sections #f7;e7 and #g of this ,act4 7c7 ,application ,the requirements of subsection 7a7 shall apply to currently existing positions and newly created positions4 7d7 ,requirements ,when conducting the review required by subsection 7a71 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 ,register1 as applicable1 positions whose duties include 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 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 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 #ac of the ,general ,schedule2 or 7,b7 working in the agency or agency component executive secretariat 7or equivalent74 7#e7 ,conducting1 on the agency's behalf1 collective bargaining negotiations under chapter #ga of title #e1 ,united ,states ,code4 7#f7 ,directly or indirectly supervising employees in ,schedule ,policy_/,career positions4 7#g7 ,duties that the ,director otherwise indicates may be appropriate for inclusion in ,schedule ,policy_/,career4 7e7 ,recommendation ,the ,director shall promptly recommend to the ,president which positions should be placed in ,schedule ,policy_/,career4 7f7 ,collective bargaining ,each agency head shall1 as necessary and appropriate1 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 #gaab7;b7 of title #e1 ,united ,states ,code1 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 #g4 ,prohibited personnel practices prohibited 7a7 ,in general ,agencies shall establish rules to prohibit the personnel practices prohibited by section #bcjb7;b7 of title #e1 ,united ,states ,code1 with respect to any employee or applicant for employment in ,schedule ,policy_/,career of the excepted service4 7b7 ,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 administration4 ,they are required to faithfully implement administration policies to the best of their ability1 consistent with their constitutional oath and the vesting of executive authority solely in the ,president4 ,failure to do so is grounds for dismissal4 #h4 ,conforming regulatory changes ,the ,director shall promptly amend the ,civil ,service ,regulations to rescind all changes made by the final rule of ,april #i1 #bjbd1 ,upholding ,civil ,service ,protections and ,merit ,system ,principles1 #hi ,fed4 ,reg4 #bdihb1 that impede the purposes of or would otherwise affect the implementation of ,executive ,order #acieg4 ,until such rescissions are effectuated 7including the resolution of any judicial review71 subpart ,f of part #cjb1 section #baj4ajb7;b77#c71 and section #baj4ajb7;b77#d7 of title #e1 ,code of ,federal ,regulations1 shall be held inoperative and without effect4 #i4 ,additional positions for consideration ,not later than #cj days after the date of the enactment of this ,act1 the ,director shall1 after consultation with the ,executive ,office of the ,president1 issue guidance about additional categories of positions that executive departments and agencies should consider recommending for ,schedule ,policy_/,career4 #aj4 ,revocation ,executive ,order #adjjc of ,january #bb1 #bjba 7,protecting the ,federal ,workforce71 shall have no force or effect1 and any rules1 regulations1 guidance1 or other agency policies effectuated under ,executive ,order #adjjc shall not be enforced4 ,the heads of each executive department and agency shall review and identify existing agency actions relating to or arising under section #c7;e77v7 and #c7;f7 of ,executive ,order #adjjc 7relating to suspending1 revising1 or rescinding revisions to discipline and unacceptable performance policies7 and1 as soon as practicable1 suspend1 revise1 or rescind such actions identified in the review4 #aa4 ,general provisions 7a7 ,severability ,if any provision of this ,act1 or the application of any provision to any person or circumstances1 is held to be invalid1 the remainder of this ,act and the application of any of its other provisions to any other persons or circumstances shall not be affected thereby4 7b7 ,application ,nothing in this ,act shall be construed to limit or narrow the positions that are or may be listed in ,schedule ,c4