skip to main content

H.R. 1132 (115th): Political Appointee Burrowing Prevention Act

The text of the bill below is as of Feb 16, 2017 (Introduced).


I

115th CONGRESS

1st Session

H. R. 1132

IN THE HOUSE OF REPRESENTATIVES

February 16, 2017

(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.

1.

Short title

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

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:

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.