Overview
Title
To establish Schedule Policy/Career (commonly referred to as Schedule F) in the excepted service, and for other purposes.
ELI5 AI
In a simple sense, H.R. 697 is about making a new group of special jobs in the government for people who help with important decisions. The idea is to make sure these workers do their jobs well and listen to the President, but they don’t have to cheer for the President's team unless it’s part of their job.
Summary AI
H.R. 697 proposes the creation of "Schedule F," a new category within the federal employment system called "Schedule Policy/Career," for appointing individuals to positions in the excepted service that involve confidential or policy-making roles and are not subject to Presidential transition. The bill emphasizes accountability of federal employees to the President and includes guidelines for such appointments, while also ensuring that employees are not required to politically support the current administration unless it pertains to implementing policies. It details the procedures for transitioning to this new schedule and aligns certain regulatory provisions to support its implementation, thus revoking a previous executive order related to federal workforce protections.
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AnalysisAI
General Summary of the Bill
The bill titled “To establish Schedule Policy/Career (commonly referred to as ‘Schedule F’) in the excepted service, and for other purposes,” introduced as H. R. 697, aims to reshape employment classifications within the federal government. It proposes creating a new classification under the excepted service called Schedule Policy/Career (or Schedule F). This classification would apply to federal positions that are of a confidential, policy-determining, policy-making, or policy-advocating nature, and that are not typically altered with a change in presidential administrations. The bill details how these positions will be classified and appointed, and mandates a review and reclassification of certain governmental roles to fit this schedule.
Summary of Significant Issues
One issue with the bill is its title, "End the Deep State Act," which is both long and politically charged. This could lead to varying interpretations and detract from the focus on employment classifications. The bill's language on federal accountability might create confusion about the constitutional roles and sources of authority for federal employees by suggesting that all authority is solely derived from the President.
The bill also lacks clear oversight mechanisms for the new classification, raising concerns about checks and balances in governmental operations. Moreover, several sections use vague language, such as the definition of roles "normally subject to change as a result of a Presidential transition," which can lead to inconsistent implementation and enforcement across different agencies.
Impact on the Public
The public could be impacted by this bill through changes to how federal positions are filled, potentially altering the efficiency and accountability of government operations. Reclassifying roles may affect job stability for federal employees since it proposes making certain positions easier to change without the usual competitive hiring processes. An increase in political influence on federal appointments could result in more turnover with each presidential transition, affecting continuity and institutional knowledge.
If executed effectively, the bill's aim to ensure that federal employees are aligned with presidential policies might enhance governmental responsiveness and coherence. However, if not carefully managed, these changes could lead to reduced public confidence in the neutrality and effectiveness of federal operations.
Impact on Specific Stakeholders
Federal employees, particularly in positions related to policy-making and confidential roles, could see significant changes to their job security and hiring process. This reclassification might prompt concerns about job stability and the potential for increased political interference in hiring and firing decisions.
Agencies might face operational disruptions due to the extensive mandates for reviewing and reclassifying positions, which could require intense reorganization efforts and divert attention from other pressing matters.
The Office of Personnel Management (OPM) and its Director will have substantial new responsibilities in regulating and managing these changes. This could increase the OPM's workload significantly, demanding additional resources and clear guidelines to ensure consistent application of the new rules.
Overall, while the bill intends to streamline and align federal roles more closely with presidential priorities, the potential for political influence and operational inefficiencies might offset its intended benefits.
Issues
The title of the act, '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', is ambiguous and politically charged, potentially leading to varying interpretations and raising concerns for the general public (Section 1).
The section lacks specific provisions or actions, making it unclear what the act entails beyond its title. This vagueness may lead to misunderstandings about the bill's actual intentions and impact (Section 1).
The phrase 'accountability is essential for all Federal employees' in the Sense of Congress is broad and could lead to ambiguity in enforcement and expectations, with potential legal implications (Section 2).
The language suggests that all powers Federal employees have are delegated by the President, which overlooks statutory powers or powers derived from sources other than the President, creating legal confusion (Section 2).
The definition of 'normally subject to change as a result of a Presidential transition' is seen as vague, potentially affecting the political and operational stability of certain positions (Section 3).
Establishing Schedule Policy/Career without mentioning oversight or accountability mechanisms raises concerns about transparency and checks and balances, potentially impacting political and operational integrity (Section 4).
The bill lacks specificity regarding the Director of the Office of Personnel Management's regulations, leading to potential inconsistencies in interpretation and application across agencies (Section 5).
The requirement to publish positions in the Federal Register could lead to unnecessary administrative burdens without clear benefits, affecting financial and operational efficiency (Section 6).
The section references a future date and mandates broad regulatory changes without detailing specific impacts, which may cause confusion and speculation about upcoming changes affecting civil service employees (Section 8).
The revocation of Executive Order 14003 without a clear explanation raises legal and ethical questions about the rationale behind this decision, possibly affecting workforce protections (Section 10).
The general provisions, particularly severability, are potentially too broad, allowing problematic provisions to remain if other parts of the Act are invalidated, raising legal concerns (Section 11).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section states that the Act can be referred to as the “End the Deep State Act,” which officially stands for the “Enabling Necessary Discipline with the Defense of Executives’ Endeavors to Properly Staff Their Agencies with Trustworthy Employees Act.”
2. Sense of Congress Read Opens in new tab
Summary AI
Congress expresses that it is important for federal employees to be accountable, recognizing that their authority comes from the President. These employees should be reliable as they serve in roles critical to shaping and implementing policies.
3. Definition Read Opens in new tab
Summary AI
The section defines the term “normally subject to change as a result of a Presidential transition” to mean positions that are expected to be vacated when a new President takes office, including all positions that need approval from the White House Office of Presidential Personnel.
4. Excepted service Read Opens in new tab
Summary AI
Appointments for certain government positions that involve confidential or policy-related work, which typically remain stable even when a new President takes office, will be made under a special classification called Schedule Policy/Career of the excepted service, as laid out in section 5 of this Act.
5. Schedule policy/career of the excepted service Read Opens in new tab
Summary AI
The Office of Personnel Management (OPM) outlines different schedules for positions that are not part of the competitive service, including positions that are either confidential, policy-related, or for which standard recruitment methods aren't practical. The OPM is tasked with implementing regulations for these schedules and ensuring a smooth transition to the new Schedule Policy/Career process, while also considering veteran preference where feasible.
6. Agency actions Read Opens in new tab
Summary AI
The section requires executive agency heads to review certain job positions for their policy-related roles and determine whether they should be classified as Schedule Policy/Career positions. This involves publishing determinations in the Federal Register and possibly recommending these positions to the Director for further classification, especially if they involve significant policy-making duties, supervision of attorneys, or collective bargaining activities.
7. Prohibited personnel practices prohibited Read Opens in new tab
Summary AI
Agencies must create rules to stop certain unfair practices against employees or job applicants in specific government positions. These individuals don't have to support the current President politically but must carry out their policies as part of their job, and failing to do so could lead to them being fired.
8. Conforming regulatory changes Read Opens in new tab
Summary AI
The Director is required to quickly update the Civil Service Regulations to reverse changes made by a certain rule from April 9, 2024, which might interfere with an Executive Order. Until these updates are complete, certain parts of the Civil Service rules will not be in effect.
9. Additional positions for consideration Read Opens in new tab
Summary AI
The section requires the Director to provide guidance within 30 days after the act is enacted, in consultation with the President's Executive Office, on what types of positions should be added to a specific government employment category called Schedule Policy/Career.
10. Revocation Read Opens in new tab
Summary AI
Executive Order 14003, which dealt with protecting the federal workforce, is no longer in effect. Federal departments and agencies must review and change any actions based on sections 3(e)(v) and 3(f) of that order, related to discipline and performance policies, as quickly as possible.
11. General provisions Read Opens in new tab
Summary AI
The section explains that if any part of the Act is found to be invalid, it does not affect the rest of the Act, which remains in full effect. Additionally, the Act does not restrict the roles that can be included in Schedule C.