Sec. 6. Agency actions
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Each head of an executive agency (as that term is defined in section 105 of title 5, United States Code, but excluding the Government Accountability Office) shall conduct, by April 20, 2025, a preliminary review of agency positions covered by subchapter II of chapter 75 of such title 5, and shall conduct a complete review of such positions by August 18, 2025. Thereafter, each agency head shall conduct a review of agency positions covered by such subchapter II on at least an annual basis.
Following such reviews each agency head shall— for positions not excepted from the competitive service by statute, petition the Director to recommend that the President place in Schedule Policy/Career any such competitive service, Schedule A, Schedule B, or Schedule D positions within the agency that the agency head determines to be of a confidential, policy-determining, policy-making, or policy-advocating character and that are not normally subject to change as a result of a Presidential transition.
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/Career; and for positions excepted from the competitive service by statute, determine which such positions are of a confidential, policy-determining, policy-making, or policy-advocating character and are not normally subject to change as a result of a Presidential transition. The determination under subsection (a)(2) shall be published by the applicable agency head in the Federal Register.
Such positions shall be considered Schedule Policy/Career positions for the purposes of agency actions under sections 6(e) and 7 of this Act. The requirements of subsection
(a)shall apply to currently existing positions and newly created positions. When conducting the review required by subsection (a), 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 Register, as applicable, positions whose duties include the following: Substantive participation in the advocacy for or development or formulation of policy, especially— substantive participation in the development or drafting of regulations and guidance; or substantive policy-related work in an agency or agency component that primarily focuses on policy. The supervision of attorneys. Substantial discretion to determine the manner in which the agency exercises functions committed to the agency by law. Viewing, circulating, or otherwise working with proposed regulations, guidance, Executive orders, or other non-public policy proposals or deliberations generally covered by deliberative process privilege and either— 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 13 of the General Schedule; or working in the agency or agency component executive secretariat (or equivalent). Conducting, on the agency’s behalf, collective bargaining negotiations under chapter 71 of title 5, United States Code. Directly or indirectly supervising employees in Schedule Policy/Career positions. Duties that the Director otherwise indicates may be appropriate for inclusion in Schedule Policy/Career. The Director shall promptly recommend to the President which positions should be placed in Schedule Policy/Career. Each agency head shall, as necessary and appropriate, 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 7112(b) of title 5, United States Code, paying particular attention to the question of whether incumbents in such positions are required or authorized to formulate, determine, or influence the policies of the agency.