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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1132 Reported in House (RH)]

<DOC>

                                                 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]

_______________________________________________________________________

                                 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.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Political Appointee Burrowing 
Prevention Act''.

SEC. 2. LIMITATION ON EMPLOYMENT OF POLITICAL APPOINTEES IN CAREER 
              CIVIL SERVICE POSITIONS.

    (a) In General.--Subchapter I of chapter 31 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 3115. Employment of political appointees
    ``(a) Appointment Approval Required.--
            ``(1) In general.--An individual described in paragraph (4) 
        may not be appointed to a career position without receiving 
        prior written approval from the Director of the Office of 
        Personnel Management with respect to such appointment, 
        consistent with the requirements of this subsection.
            ``(2) Agency appointment request.--The head of an agency 
        shall submit a request to the Director to approve the 
        appointment of any individual described in paragraph (4) to a 
        career position. Any such request shall include certification 
        by the agency head to the Director that the appointment is 
        critical for the agency to meet its mission.
            ``(3) OPM review.--The Director shall review any request 
        received pursuant to paragraph (2) and--
                    ``(A) with respect to any such request, may--
                            ``(i) approve the request if the Director 
                        determines that the appointment process with 
                        respect to the request was fair, open, and free 
                        from political influence; or
                            ``(ii) deny the request if--
                                    ``(I) the Director fails to make 
                                the determination under clause (i); or
                                    ``(II) determines that the agency 
                                certification under paragraph (2) is 
                                unreasonable; and
                    ``(B) with respect to a request approved under 
                subparagraph (A)(i), shall, not less than five days 
                before the date of approval, provide to the Committee 
                on Oversight and Government Reform of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs of the Senate the agency 
                certification and the Director's rationale for 
                concurring with that certification.
            ``(4) Covered individuals.--An individual described in this 
        paragraph is--
                    ``(A) a political appointee;
                    ``(B) a former political appointee who held any 
                political position during the five-year period before 
                the date of the request described in paragraph (2); or
                    ``(C) at the discretion of the Director, a former 
                political appointee who held any political position 
                before the five-year period described in subparagraph 
                (B).
    ``(b) Restriction on Appointment.--
            ``(1) In general.--Notwithstanding any other law, rule, or 
        regulation, during the 2-year period following the date a 
        political appointee separates from a political position, such 
        appointee may not be appointed to any career position in the 
        civil service.
            ``(2) Exception.--Paragraph (1) shall not apply to a 
        political appointee who has not personally and substantially 
        participated in any particular matter while employed in a 
        political position.
    ``(c) Application.--Nothing in this section shall be construed to 
restrict the appointment of an individual who is--
            ``(1) entitled to reinstatement under section 3593(b); or
            ``(2) eligible for reinstatement under section 3593(a).
    ``(d) Definitions.--In this section--
            ``(1) the term `agency' has the meaning given the term 
        `Executive agency' in section 105;
            ``(2) the term `political appointee' means an individual 
        serving in an appointment of any duration to a political 
        position;
            ``(3) the term `political position' means--
                    ``(A) a position which has been excepted from the 
                competitive service by reason of its confidential, 
                policy-determining, policy-making, or policy-advocating 
                character;
                    ``(B) a position described under sections 5312 
                through 5316 (relating to the Executive Schedule); and
                    ``(C) a general position in the Senior Executive 
                Service during such time as it is filled by--
                            ``(i) a noncareer appointee, as defined in 
                        paragraph (7) of section 3132(a); or
                            ``(ii) a limited term appointee or limited 
                        emergency appointee, as defined in paragraphs 
                        (5) and (6) of section 3132(a), who is serving 
                        under a political appointment.
            ``(4) the term `career position' means--
                    ``(A) a position in the competitive service filled 
                by career or career-conditional appointment;
                    ``(B) a position in the excepted service filled by 
                an appointment of equivalent tenure as a position 
                described in subparagraph (A);
                    ``(C) a career reserved position, as defined in 
                paragraph (8) of section 3132(a), in the Senior 
                Executive Service; or
                    ``(D) a general position in the Senior Executive 
                Service when filled by a career appointee, as defined 
                in section 3132(a)(4);
            ``(5) the term `participated' means an action taken as an 
        officer or employee through decision, approval, disapproval, 
        recommendation, the rendering of advice, investigation, or 
        other such action; and
            ``(6) the term `particular matter' includes any 
        investigation, application, request for a ruling or 
        determination, rulemaking, contract, controversy, claim, 
        charge, accusation, arrest, or judicial or other proceeding.''.
    (b) Clerical Amendment.--The table of sections of chapter 31 of 
title 5, United States Code, is amended by adding after the item 
relating to section 3114 the following:

``3115. Employment of political appointees.''.
    (c) Application.--
            (1) Appointment requests.--Section 3115(a) of title 5, 
        United States Code, as added by subsection (a), shall apply to 
        any appointment or request for appointment described in such 
        section submitted to the Office of Personnel Management after 
        the date of enactment of this Act.
            (2) Limitation on appointments.--Section 3115(b) of title 
        5, United States Code, as added by subsection (a), shall apply 
        to any individual who separates from a political position (as 
        that term is defined in section 3115(c)(2) of such title, as 
        added by such subsection) after the date of enactment of this 
        Act.
    (d) Regulations Required.--The Director of the Office of Personnel 
Management shall issue regulations necessary to carry out this Act, 
including regulations to define the term ``personally and substantially 
participated'' as such term is used in section 3115(b)(2) of title 5, 
United States Code, as added by subsection (a).
                                                 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 for a 2-year 
 prohibition on employment in a career civil service position for any 
          former political appointee, and for other purposes.

_______________________________________________________________________

                            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
```