IB 

Union Calendar No. 325 

115TH CONGRESS 

1ST SESSION H. R. 1132 

[Report No. 115–439] 

To amend title 5, United States Code, to provide for a 2-year prohibition 

on employment in a career civil service position for any former political 

appointee, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2017 

Mr. BUCK (for himself, Mr. TED LIEU of California, and Mr. POLIS) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 

DECEMBER 5, 2017 

Additional sponsor: Mr. SESSIONS

DECEMBER 5, 2017 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 16, 2017] 


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A BILL 

To amend title 5, United States Code, to provide for a 

2-year prohibition on employment in a career civil service 

position for any former political appointee, and for other 

purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Political Appointee Bur5 rowing Prevention Act’’. 

6 SEC. 2. LIMITATION ON EMPLOYMENT OF POLITICAL AP7 POINTEES IN CAREER CIVIL SERVICE POSI8 TIONS. 

9 (a) IN GENERAL.—Subchapter I of chapter 31 of title 

10 5, United States Code, is amended by adding at the end 

11 the following: 

12 ‘‘§ 3115. Employment of political appointees 

13 ‘‘(a) APPOINTMENT APPROVAL REQUIRED.— 

14 ‘‘(1) IN GENERAL.—An individual described in 

15 paragraph (4) may not be appointed to a career posi16 tion without receiving prior written approval from 

17 the Director of the Office of Personnel Management 

18 with respect to such appointment, consistent with the 

19 requirements of this subsection. 

20 ‘‘(2) AGENCY APPOINTMENT REQUEST.—The 

21 head of an agency shall submit a request to the Direc22 tor to approve the appointment of any individual de23 scribed in paragraph (4) to a career position. Any 

24 such request shall include certification by the agency 


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1 head to the Director that the appointment is critical 

2 for the agency to meet its mission. 

3 ‘‘(3) OPM REVIEW.—The Director shall review 

4 any request received pursuant to paragraph (2) 

5 and— 

6 ‘‘(A) with respect to any such request, 

7 may— 

8 ‘‘(i) approve the request if the Director 

9 determines that the appointment process 

10 with respect to the request was fair, open, 

11 and free from political influence; or 

12 ‘‘(ii) deny the request if— 

13 ‘‘(I) the Director fails to make the 

14 determination under clause (i); or 

15 ‘‘(II) determines that the agency 

16 certification under paragraph (2) is 

17 unreasonable; and 

18 ‘‘(B) with respect to a request approved 

19 under subparagraph (A)(i), shall, not less than 

20 five days before the date of approval, provide to 

21 the Committee on Oversight and Government Re22 form of the House of Representatives and the 

23 Committee on Homeland Security and Govern24 mental Affairs of the Senate the agency certifiVerDate Sep 11 2014 22:07 Dec 05, 2017 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1132.RH H1132

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1 cation and the Director’s rationale for concur2 ring with that certification. 

3 ‘‘(4) COVERED INDIVIDUALS.—An individual de4 scribed in this paragraph is— 

5 ‘‘(A) a political appointee; 

6 ‘‘(B) a former political appointee who held 

7 any political position during the five-year period 

8 before the date of the request described in para9 graph (2); or 

10 ‘‘(C) at the discretion of the Director, a 

11 former political appointee who held any political 

12 position before the five-year period described in 

13 subparagraph (B). 

14 ‘‘(b) RESTRICTION ON APPOINTMENT.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding any other 

16 law, rule, or regulation, during the 2-year period fol17 lowing the date a political appointee separates from 

18 a political position, such appointee may not be ap19 pointed to any career position in the civil service. 

20 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

21 apply to a political appointee who has not personally 

22 and substantially participated in any particular 

23 matter while employed in a political position. 


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1 ‘‘(c) APPLICATION.—Nothing in this section shall be 

2 construed to restrict the appointment of an individual who 

3 is— 

4 ‘‘(1) entitled to reinstatement under section 

5 3593(b); or 

6 ‘‘(2) eligible for reinstatement under section 

7 3593(a). 

8 ‘‘(d) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘agency’ has the meaning given the 

10 term ‘Executive agency’ in section 105; 

11 ‘‘(2) the term ‘political appointee’ means an in12 dividual serving in an appointment of any duration 

13 to a political position; 

14 ‘‘(3) the term ‘political position’ means— 

15 ‘‘(A) a position which has been excepted 

16 from the competitive service by reason of its con17 fidential, policy-determining, policy-making, or 

18 policy-advocating character; 

19 ‘‘(B) a position described under sections 

20 5312 through 5316 (relating to the Executive 

21 Schedule); and 

22 ‘‘(C) a general position in the Senior Exec23 utive Service during such time as it is filled 

24 by— 


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1 ‘‘(i) a noncareer appointee, as defined 

2 in paragraph (7) of section 3132(a); or 

3 ‘‘(ii) a limited term appointee or lim4 ited emergency appointee, as defined in 

5 paragraphs (5) and (6) of section 3132(a), 

6 who is serving under a political appoint7 ment. 

8 ‘‘(4) the term ‘career position’ means— 

9 ‘‘(A) a position in the competitive service 

10 filled by career or career-conditional appoint11 ment; 

12 ‘‘(B) a position in the excepted service filled 

13 by an appointment of equivalent tenure as a po14 sition described in subparagraph (A); 

15 ‘‘(C) a career reserved position, as defined 

16 in paragraph (8) of section 3132(a), in the Sen17 ior Executive Service; or 

18 ‘‘(D) a general position in the Senior Exec19 utive Service when filled by a career appointee, 

20 as defined in section 3132(a)(4); 

21 ‘‘(5) the term ‘participated’ means an action 

22 taken as an officer or employee through decision, ap23 proval, disapproval, recommendation, the rendering 

24 of advice, investigation, or other such action; and 


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1 ‘‘(6) the term ‘particular matter’ includes any 

2 investigation, application, request for a ruling or de3 termination, rulemaking, contract, controversy, claim, 

4 charge, accusation, arrest, or judicial or other pro5 ceeding.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections of 

7 chapter 31 of title 5, United States Code, is amended by 

8 adding after the item relating to section 3114 the following: 

‘‘3115. Employment of political appointees.’’. 

9 (c) APPLICATION.— 

10 (1) APPOINTMENT REQUESTS.—Section 3115(a) 

11 of title 5, United States Code, as added by subsection 

12 (a), shall apply to any appointment or request for 

13 appointment described in such section submitted to 

14 the Office of Personnel Management after the date of 

15 enactment of this Act. 

16 (2) LIMITATION ON APPOINTMENTS.—Section 

17 3115(b) of title 5, United States Code, as added by 

18 subsection (a), shall apply to any individual who sep19 arates from a political position (as that term is de20 fined in section 3115(c)(2) of such title, as added by 

21 such subsection) after the date of enactment of this 

22 Act. 

23 (d) REGULATIONS REQUIRED.—The Director of the Of24 fice of Personnel Management shall issue regulations nec25 essary to carry out this Act, including regulations to define 


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1 the term ‘‘personally and substantially participated’’ as 

2 such term is used in section 3115(b)(2) of title 5, United 

3 States Code, as added by subsection (a). 


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Union Calendar No. 325 

115TH CONGRESS 

1ST SESSION H. R. 1132 

[Report No. 115–439] 

A BILL 

To amend title 5, United States Code, to provide 

appointee, and for other purposes. reer civil service position for any former political for a 2-year prohibition on employment in a caDECEMBER 5, 2017 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


daltland on DSKBBV9HB2PROD with BILLS