PolicyBrief
H.R. 697
119th CongressJan 23rd 2025
Enabling Necessary Discipline with the Defense of Executives’ Endeavors to Properly Staff Their Agencies with Trustworthy Employees Act
IN COMMITTEE

This bill, also known as the "End the Deep State Act," aims to establish a new "Schedule PolicyCareer" within the excepted service for confidential, policy-related positions, allowing the President to appoint individuals who are aligned with their policies and ensuring accountability. It requires agencies to review positions and reclassify suitable roles, while also protecting these employees from being required to offer personal or political support to the current administration.

Andrew Ogles
R

Andrew Ogles

Representative

TN-5

LEGISLATION

"End the Deep State Act" Creates New "Schedule PolicyCareer" for Federal Employees: Easier Hiring and Firing Based on Political Alignment

The "End the Deep State Act," also known as the "Enabling Necessary Discipline with the Defense of Executives Endeavors to Properly Staff Their Agencies with Trustworthy Employees Act," introduces a new category of federal employment: "Schedule PolicyCareer." This classification, falling under the excepted service, significantly alters how certain government employees in policy-related roles are hired and fired. The bill's stated aim is to ensure federal employees are accountable to the President, but it has significant implications for job security and the potential politicization of the civil service.

Reshaping the Federal Workforce

The core of the bill revolves around creating the "Schedule PolicyCareer." This new category applies to career positions that involve confidentiality, policy determination, policymaking, or policy advocacy (SEC. 5). Unlike traditional civil service roles, these positions would not be automatically subject to change with a new Presidential administration. The bill directs the Office of Personnel Management (OPM) to establish regulations for this new schedule, with a deadline of January 19, 2029, for full implementation (SEC. 5). Crucially, Civil Service Rules and Regulations regarding removal do not apply to Schedule PolicyCareer positions (SEC. 5). This means employees in these roles could be removed more easily than those with traditional civil service protections.

Real-World Rollout and Potential Impacts

So, how might this play out in practice? Imagine a senior analyst at the Environmental Protection Agency working on clean air regulations. Under this bill, their position could be reclassified as Schedule PolicyCareer. If a new administration with different environmental priorities takes office, that analyst could be replaced more easily with someone aligned with the new administration's views. The bill requires agency heads to review positions and identify those that fit the Schedule PolicyCareer criteria, focusing on roles involving policy advocacy, supervising attorneys, or handling non-public policy proposals (SEC. 6). These reviews must be completed by August 18, 2025, with annual reviews thereafter (SEC. 6). The bill also explicitly states that employees in Schedule PolicyCareer positions are not required to offer personal or political support to the President, but they must implement administration policies to the best of their ability or face dismissal (SEC. 7).

Challenges and the Bigger Picture

While the bill emphasizes accountability, a major challenge lies in the potential for abuse. The broad criteria for Schedule PolicyCareer positions could allow for the reclassification of numerous roles, effectively removing civil service protections from a substantial portion of the federal workforce. This raises concerns about a return to a "spoils system," where government jobs are awarded based on political loyalty rather than merit. It also creates a potential chilling effect, where employees might feel pressured to align their work with the administration's political agenda, even if it conflicts with their professional judgment or the best interests of the public. The bill also revokes Executive Order 14003, which protected civil servants, and suspends certain regulations to make it happen (SEC. 8 and SEC. 10). It's a fundamental shift in how the federal government operates, potentially impacting everything from environmental regulations to healthcare policy, all in the name of making the bureaucracy more responsive to the President.