II 
Calendar No. 673 
115TH CONGRESS 
2D SESSION 
H. R. 1132 
[Report No. 115–387] 
IN THE SENATE OF THE UNITED STATES 
MARCH 7, 2018 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
NOVEMBER 26, 2018 
Reported by Mr. JOHNSON, with an amendment and an amendment to the 
title 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
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 Representa-
tives 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’’. 
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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.—The head of an agency may 
not appoint any individual described in paragraph 
(5) to a career position within the agency without 
receiving prior written approval from the Associate 
Director of Merit Systems Accountability and Com-
pliance, consistent with the requirements of this sub-
section. 
‘‘(2) REQUEST.—The head of an agency shall 
submit a request to the Associate Director to ap-
prove the appointment of any individual described in 
paragraph (5) to a career position. Any such request 
shall include certification by the head of the agency 
to the Associate Director that the appointment is 
necessary for the agency to meet its mission. 
‘‘(3) REVIEW AND DETERMINATION.—The As-
sociate Director shall review any request received 
pursuant to paragraph (2) and deny any such re-
quest unless the Associate Director determines that 
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the appointment process with respect to the request 
was fair, open, and free from political influence. If 
the Associate Director makes that determination, 
the Associate Director may approve the request. 
‘‘(4) NOTIFICATION
TO
CONGRESS.—With re-
spect to any request approved under paragraph (3), 
the Associate Director shall, not less than five days 
before the date the Associate Director provides ap-
proval to the head of the requesting agency, provide 
to the Committee on Oversight and Government Re-
form of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate the agency certification under 
paragraph (2) and the agency head’s rationale for 
that certification. 
‘‘(5)
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 5-year period 
before the date of the request described in para-
graph (2); or 
‘‘(C) at the discretion of the Director of 
the Office of Personnel Management, a former 
political appointee who held any political posi-
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tion 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 leaves or de-
parts 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 mat-
ter 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 ‘Associate Director’ means the 
Associate Director of Merit Systems Accountability 
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and Compliance at the Office of Personnel Manage-
ment; 
‘‘(3) the term ‘political appointee’ means an in-
dividual serving in an appointment of any duration 
to a political position; 
‘‘(4) the term ‘political position’ means— 
‘‘(A) a position with respect to which ap-
pointment is made— 
‘‘(i) by the President; or 
‘‘(ii) by the President, by and with the 
advice and consent of the Senate; 
‘‘(B) a position which has been excepted 
from the competitive service by reason of its 
confidential, policy-determining, policy-making, 
or policy-advocating character; 
‘‘(C) a position described under sections 
5312 through 5316 (relating to the Executive 
Schedule); and 
‘‘(D) a general position in the Senior Exec-
utive 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 lim-
ited emergency appointee, as defined in 
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paragraphs (5) and (6) of section 3132(a), 
who is serving under a political appoint-
ment. 
‘‘(5) 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 position 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); 
‘‘(6) 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 
‘‘(7) 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 
proceeding.’’. 
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(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 fol-
lowing: 
‘‘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 re-
quest for appointment described in such section sub-
mitted to the Associate Director of Merit Systems 
Accountability and Compliance after the date of en-
actment 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 
leaves or departs 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 enact-
ment of this Act. 
(d) REGULATIONS REQUIRED.—The Director of the 
Office of Personnel Management shall issue regulations 
necessary to carry out this Act. Such regulations shall in-
clude guidance on the definition of the term ‘‘personally 
and substantially participated in a particular matter’’ in 
section 3115(b)(2) of title 5, United States Code, as added 
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by subsection (a), consistent with section 2641.201 of title 
5, Code of Federal Regulations. 
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: 
‘‘§ 3117. Employment of political appointees 
‘‘(a) APPOINTMENT APPROVAL REQUIRED.— 
‘‘(1) IN GENERAL.—The head of an agency may 
not appoint a covered individual to a career position 
within the agency without receiving prior written ap-
proval from the Associate Director, consistent with the 
requirements of this subsection. 
‘‘(2) REQUEST.—If the head of an agency wishes 
to appoint a covered individual to a career position, 
the head of the agency shall submit a request to the 
Associate Director to approve the appointment, which 
shall include a certification by the head of the agency 
to the Associate Director that— 
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‘‘(A) the career position would not involve 
confidential, policy-determining, policy-making, 
or policy-advocating responsibilities (unless the 
career position is in the Senior Executive Serv-
ice); 
‘‘(B) the appointment process was based on 
merit after a fair and open competition; and 
‘‘(C) the appointment process did not give 
any preference or special advantage to the cov-
ered individual based on a prior political ap-
pointment, political influence, or political affili-
ation. 
‘‘(3) REVIEW AND DETERMINATION.— 
‘‘(A) IN GENERAL.—The Associate Director 
shall— 
‘‘(i) review each request received pursu-
ant to paragraph (2); and 
‘‘(ii) make a favorable or unfavorable 
determination whether, with respect to the 
request, the position classification and 
qualifications requirements and the ap-
pointment process were fair, open, and free 
from political influence. 
‘‘(B) APPROVAL.—If the Associate Director 
makes a favorable determination under subpara-
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graph (A)(ii), the Associate Director may ap-
prove the request. 
‘‘(C) DENIAL.—If the Associate Director 
makes an unfavorable determination under sub-
paragraph (A)(ii), the Associate Director shall 
deny the request. 
‘‘(4) NOTIFICATION TO CONGRESS.—With respect 
to any request approved under paragraph (3), the As-
sociate Director shall, not later than 5 days before the 
date the Associate Director provides the approval to 
the head of the requesting agency, submit to the Com-
mittee on Oversight and Government Reform of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate the certification under paragraph (2) relating 
to the request and the rationale of the head of the 
agency for the certification. 
‘‘(b) PROBATIONARY PERIOD.— 
‘‘(1) IN GENERAL.—A covered individual shall 
complete a 2-year period of probation before an ap-
pointment to a career position in the competitive 
service approved under subsection (a) becomes final. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply to— 
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‘‘(A) a political appointee who has not per-
sonally and substantially participated in any 
particular policy-making activity or similar 
matter while employed in a political position; or 
‘‘(B) a political appointee who has pre-
viously held a career position in the competitive 
service and successfully completed a proba-
tionary period for that position under section 
3321. 
‘‘(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 ‘Associate Director’ means— 
‘‘(A) the Associate Director of Merit Sys-
tems Accountability and Compliance of the Of-
fice of Personnel Management; or 
‘‘(B) if the Associate Director described in 
subparagraph (A) is not responsible for carrying 
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out the authorities under section 1104(b)(2), the 
Associate Director of the Office of Personnel 
Management responsible for carrying out such 
authorities; 
‘‘(3) the term ‘career position’ means— 
‘‘(A) a position in the competitive service 
filled by a 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 filled by a career appointee, as de-
fined in section 3132(a)(4); 
‘‘(4) the term ‘covered individual’ means— 
‘‘(A) a political appointee; 
‘‘(B) a former political appointee who held 
any political position during the 5-year period 
before the date of the request described in sub-
section (a)(2); or 
‘‘(C) at the discretion of the Director of the 
Office of Personnel Management, a former polit-
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ical appointee who held any political position 
before the 5-year period described in subpara-
graph (B); 
‘‘(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; 
‘‘(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; 
‘‘(7) the term ‘political appointee’ means an in-
dividual serving in an appointment of any duration 
to a political position; and 
‘‘(8) the term ‘political position’ means— 
‘‘(A) a position with respect to which ap-
pointment is made— 
‘‘(i) by the President; or 
‘‘(ii) by the President, by and with the 
advice and consent of the Senate; 
‘‘(B) a position which has been excepted 
from the competitive service by reason of its con-
fidential, policy-determining, policy-making, or 
policy-advocating character; 
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‘‘(C) a position described under sections 
5312 through 5316 (relating to the Executive 
Schedule); or 
‘‘(D) a general position in the Senior Exec-
utive Service filled by— 
‘‘(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.’’. 
(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 3116 the following: 
‘‘3117. Employment of political appointees.’’. 
(c) APPLICATION.— 
(1) APPOINTMENT REQUESTS.—Section 3117(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 Associate Director of Merit Systems Account-
ability and Compliance after the date of enactment of 
this Act. 
(2) LIMITATION
ON
APPOINTMENTS.—Section 
3117(b) of title 5, United States Code, as added by 
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subsection (a), shall apply to any individual who 
leaves or departs from a political position (as that 
term is defined in section 3117 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, in consultation with the Of-
fice of Special Counsel, shall issue regulations necessary to 
carry out this Act and the amendments made by this Act, 
which shall include guidance on the definition of the term 
‘‘personally and substantially participated in a particular 
policy-making activity or similar matter’’ in section 
3117(b)(2) of title 5, United States Code, as added by sub-
section (a), consistent with section 2641.201 of title 5, Code 
of Federal Regulations. 
Amend the title so as to read: ‘‘An Act to amend 
title 5, United States Code, to appropriately limit em-
ployment in a career civil service position for political ap-
pointees and former political appointees, and for other 
purposes.’’. 
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Calendar No. 673 
115TH CONGRESS 
2D SESSION 
H. R. 1132 
[Report No. 115–387] 
AN ACT 
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. 
NOVEMBER 26, 2018 
Reported with an amendment and an amendment to the 
title 
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