End the Deep State Act

Bill Number

H.R. 697

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-01-23: Referred to the House Committee on Oversight and Government Reform.

Last Updated

2025-03-26T08:06:09Z

AI-Generated Summary

Purpose of the Legislation

This bill, titled the "Enabling Necessary Discipline with the Defense of Executives' Endeavors to Properly Staff Their Agencies with Trustworthy Employees Act" or "End the Deep State Act," aims to reestablish a category of federal civil service positions known as Schedule F (formally "Schedule Policy/Career") in the excepted service. The goal is to enhance accountability of federal employees in policy-related roles to the President, who is seen as the primary elected executive, by making it easier to remove or replace individuals in these roles without standard civil service protections. It emphasizes that federal employees' authority derives from the President and must align with administration policies.

Key Provisions

• Sense of Congress (Section 2): Declares that federal employees must be accountable to the President, especially in confidential or policy-influencing roles, to ensure reliable implementation of executive directives.
• Definitions (Section 3): Defines positions "normally subject to change as a result of a Presidential transition" as those expected to turn over with a new administration, including roles requiring White House approval.
• Excepted Service Expansion (Sections 4-5):
• Creates Schedule Policy/Career for career (non-political) positions involving confidential duties, policy determination, making, or advocacy that do not typically change with presidential transitions.
• The Office of Personnel Management (OPM) must list these positions separately from competitive service (the standard merit-based hiring track) and other excepted schedules (A, B, C, D, E).
• Appointments to Schedule Policy/Career must consider veterans' preference where feasible, but removals are exempt from most civil service rules and regulations unless required by law.
• OPM must issue implementing regulations by January 19, 2029, and provide guidance for transitioning existing positions.
• Agency Responsibilities (Section 6):
• Agency heads must review positions covered by civil service protections (subchapter II of chapter 75, Title 5, U.S. Code) by April 20, 2025 (preliminary) and August 18, 2025 (full), then annually.
• They petition OPM to recommend moving qualifying competitive or excepted positions to Schedule Policy/Career, focusing on roles like policy development, regulation drafting, supervising attorneys, or handling non-public deliberations.
• Statutory excepted positions deemed qualifying must be published in the Federal Register.
• Agencies must seek exclusion of these positions from union bargaining units if they involve policy influence.
• OPM recommends final placements to the President.
• Personnel Practices (Section 7): Prohibits discriminatory practices against Schedule Policy/Career employees or applicants (per section 2302(b) of Title 5, U.S. Code). Employees must faithfully implement administration policies or face dismissal, but they are not required to personally support the President or party.
• Regulatory and Executive Changes (Sections 8-10):
• OPM must rescind 2024 regulations (89 Fed. Reg. 24982) that protected civil servants from Schedule F-like changes, rendering certain rules inoperative until resolved.
• OPM issues guidance within 30 days on additional position categories for consideration.
• Revokes Executive Order 14003 (2021), which protected the federal workforce, and requires agencies to suspend or rescind related policies on discipline and performance.
• General Provisions (Section 11): Includes severability (invalid parts do not affect the whole) and clarifies no limits on existing Schedule C (political appointee) positions.

Significant Changes to Existing Law

• New Civil Service Category: Introduces Schedule Policy/Career as a permanent excepted service track, distinct from competitive service and other schedules, exempting qualifying positions from removal protections under civil service rules (e.g., due process for firings). This reverses protections added by prior regulations and Executive Order 14003, which aimed to shield career civil servants from arbitrary dismissal.
• Review and Reclassification Process: Mandates agency-led reviews and petitions to shift thousands of potential positions (e.g., policy advisors, regulators) out of protected status, with OPM and presidential involvement—unlike the current system where most career roles require cause for removal.
• Revocation of Protections: Nullifies Biden-era rules and orders that blocked Schedule F implementation (originally via Executive Order 13957 in 2020, later revoked), restoring easier at-will employment for these roles while maintaining veterans' preference and anti-discrimination rules.
• Union and Bargaining Impacts: Allows exclusion of these positions from collective bargaining, potentially weakening union coverage for policy roles.

Potential Impacts

• On Government Agencies: Agency heads gain flexibility to align staff with presidential priorities, potentially speeding policy changes but increasing turnover and administrative burden from reviews. OPM faces new rulemaking duties, and agencies must handle transitions, which could disrupt operations during presidential changes.
• On Citizens: May lead to more responsive federal bureaucracy to elected leaders, reducing perceived "unaccountable" influences on policy (e.g., regulations affecting environment, health, or economy). However, it could politicize career roles, leading to inconsistent implementation of laws across administrations and eroding public trust in neutral civil service.
• On International Relations: No direct impacts mentioned, though reclassifying positions in agencies like State or Defense could affect continuity in foreign policy advice or negotiations if staff turnover increases.

Main Stakeholders Affected

• Federal Employees: Career civil servants in policy roles (potentially tens of thousands, including analysts, attorneys, and supervisors) face reduced job security and easier dismissal for non-policy alignment.
• Presidents and Political Appointees: Gain greater control over executive branch implementation, relying on more accountable staff.
• Agency Heads and OPM: Responsible for reviews, petitions, and regulations; must balance efficiency with merit principles.
• Unions and Labor Groups: Impacted by potential exclusion from bargaining, affecting representation for affected workers.
• American Taxpayers and the Public: Indirectly affected through changes in government accountability, policy stability, and potential costs of staff transitions.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Challenges civil service laws (Title 5, U.S. Code) by expanding excepted service, potentially inviting lawsuits over merit system principles (e.g., non-partisan hiring/firing) and veterans' rights. Rescission of recent regulations could face judicial review, delaying implementation.
• Constitutional Implications: Reinforces the President's sole vesting of executive power (Article II), arguing delegated authority requires direct accountability, but raises concerns about politicizing the bureaucracy and undermining the merit-based system intended to insulate civil service from political interference.
• Political Implications: Positions the bill as a tool to counter a perceived "deep state" (unelected officials resisting elected agendas), likely sparking partisan debate; it preserves some protections (e.g., no forced political loyalty) but could deepen divides over executive branch independence versus responsiveness. Severability clause aims to protect core changes if parts are struck down.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Ogles, Andrew [R-TN-5]

Cosponsors (8)

Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Perry, Scott [R-PA-10], Rep. Burlison, Eric [R-MO-7], Rep. Higgins, Clay [R-LA-3], Rep. Boebert, Lauren [R-CO-4], Rep. Gill, Brandon [R-TX-26], Rep. Clyde, Andrew S. [R-GA-9], Rep. Harris, Mark [R-NC-8]

Recent Actions

• 2025-01-23: Referred to the House Committee on Oversight and Government Reform.
• 2025-01-23: Introduced in House
• 2025-01-23: Introduced in House

Bill Versions

• Enabling Necessary Discipline with the Defense of Executives’ Endeavors to Properly Staff Their Agencies with Trustworthy Employees Act — issued 2025-01-23 — PDF (12 pages)