Title: Political Appointee Burrowing Prevention Act
Policy area: Government Operations and Politics

Summary:
Political Appointee Burrowing Prevention Act
This bill prohibits an individual employed in a political position in the civil service from being appointed to a career position in the civil service for two years after the individual separates from such political position.
Such prohibition shall not apply to a political appointee who has not personally and substantially participated in any particular matter while employed in a political position.



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

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115th CONGRESS
  1st Session
                                H. R. 1132

     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

_______________________________________________________________________

                                 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. TEMPORARY PROHIBITION 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 former political appointees; restrictions
    ``(a) A political appointee employed in a political position in the 
civil service may not be appointed to a career position in the civil 
service during the period of 2 years immediately following the date the 
individual separates from such political position.
    ``(b) Subsection (a) 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) In this section--
            ``(1) the term `political appointee' has the meaning given 
        the term in section 3101(a);
            ``(2) 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 of title 5, United States Code (relating 
                to the Executive Schedule); or
                    ``(C) a position in the Senior Executive Service as 
                a limited term appointee, limited emergency appointee, 
                or noncareer appointee (as those terms are defined in 
                paragraphs (5), (6), and (7), respectively, of section 
                3132(a));
            ``(3) the term `career position' means--
                    ``(A) a position in the competitive service; or
                    ``(B) a position in the Senior Executive Service as 
                a career appointee (as that term is defined in section 
                3132(a)(4));
            ``(4) 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
            ``(5) 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 former political appointees; restrictions.''.
    (c) Application.--The amendment made by subsection (a) shall apply 
to any individual who separates from a political position (as that term 
is defined in section 3115 of title 5, United States Code, as added by 
such subsection) after the date of enactment of this Act.
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