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) intro-
duced the following bill; which was referred to the Committee on Over-
sight 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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Political Appointee Bur-
rowing Prevention Act’’. 
SEC. 2. LIMITATION ON EMPLOYMENT OF POLITICAL AP-
POINTEES IN CAREER CIVIL SERVICE POSI-
TIONS. 
(a) IN GENERAL.—Subchapter I of chapter 31 of title 
5, United States Code, is amended by adding at the end 
the following: 
‘‘§ 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 posi-
tion 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 Direc-
tor to approve the appointment of any individual de-
scribed in paragraph (4) to a career position. Any 
such request shall include certification by the agency 
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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 Re-
form of the House of Representatives and the 
Committee on Homeland Security and Govern-
mental Affairs of the Senate the agency certifi-
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cation and the Director’s rationale for concur-
ring with that certification. 
‘‘(4) COVERED INDIVIDUALS.—An individual de-
scribed 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 para-
graph (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 fol-
lowing the date a political appointee separates from 
a political position, such appointee may not be ap-
pointed 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. 
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‘‘(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 in-
dividual 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 con-
fidential, 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 Exec-
utive Service during such time as it is filled 
by— 
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‘‘(i) a noncareer appointee, as defined 
in paragraph (7) of section 3132(a); or 
‘‘(ii) a limited term appointee or lim-
ited emergency appointee, as defined in 
paragraphs (5) and (6) of section 3132(a), 
who is serving under a political appoint-
ment. 
‘‘(4) the term ‘career position’ means— 
‘‘(A) a position in the competitive service 
filled by career or career-conditional appoint-
ment; 
‘‘(B) a position in the excepted service filled 
by an appointment of equivalent tenure as a po-
sition described in subparagraph (A); 
‘‘(C) a career reserved position, as defined 
in paragraph (8) of section 3132(a), in the Sen-
ior Executive Service; or 
‘‘(D) a general position in the Senior Exec-
utive 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, ap-
proval, disapproval, recommendation, the rendering 
of advice, investigation, or other such action; and 
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‘‘(6) the term ‘particular matter’ includes any 
investigation, application, request for a ruling or de-
termination, rulemaking, contract, controversy, claim, 
charge, accusation, arrest, or judicial or other pro-
ceeding.’’. 
(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 sep-
arates from a political position (as that term is de-
fined 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 Of-
fice of Personnel Management shall issue regulations nec-
essary to carry out this Act, including regulations to define 
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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). 
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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 
for a 2-year prohibition on employment in a ca-
reer civil service position for any former political 
appointee, and for other purposes. 
DECEMBER 5, 2017 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
22:07 Dec 05, 2017
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PO 00000
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