[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 853 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 853

To amend title 5, United States Code, to provide that career positions 
 in the Senior Executive Service may not be filled, during the period 
 between the date of a presidential election and the next Inauguration 
    Day thereafter, by any current or recently separated political 
                   appointee, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1993

  Mr. Moran (for himself and Mr. McCloskey) introduced the following 
  bill; which was referred to the Committee on Post Office and Civil 
                                Service

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to provide that career positions 
 in the Senior Executive Service may not be filled, during the period 
 between the date of a presidential election and the next Inauguration 
    Day thereafter, by any current or recently separated 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. RESTRICTIONS.

    (a) Appointments.--Section 3393 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(h) An individual may not, during the period beginning on the 
date of a presidential election and ending on the next Inauguration Day 
thereafter, be appointed to a career reserved position if, within the 
1-month period immediately preceding the date of the proposed 
appointment, such individual served for any length of time as a 
political appointee.''.
    (b) Transfers and Reassignments.--Section 3395 of title 5, United 
States Code, is amended by adding at the end the following:
    ``(f)(1) A career appointee may not, during the period beginning on 
the date of a presidential election and ending on the next Inauguration 
Day thereafter, be involuntarily transferred or involuntarily 
reassigned.
    ``(2) An individual may not, during any period described in 
paragraph (1), be transferred or reassigned to a career reserved 
position from any position which such individual held as a political 
appointee.''.

SEC. 2. DEFINITIONS.

    Section 3391 of title 5, United States Code, is amended to read as 
follows:
``Sec. 3391. Definitions
    ``For the purpose of this subchapter--
            ``(1) the terms `agency', `Senior Executive Service 
        position', `senior executive', `career appointee', `limited 
        term appointee', `limited emergency appointee', `noncareer 
        appointee', and `general position' have the meanings set forth 
        in section 3132(a);
            ``(2) the term `political appointee' means an employee 
        within the Executive branch who holds--
                    ``(A) a position, appointment to which is made by 
                and with the advice and consent of the Senate;
                    ``(B) a civil service position that has been 
                excepted from the competitive service on the basis of 
                its confidential, policy-determining, policy-making, or 
                policy-advocating character; or
                    ``(C) any Senior Executive Service position that is 
                not a career reserved position;
            ``(3) the term `presidential election' means an election of 
        presidential and vice-presidential electors; and
            ``(4) the term `Inauguration Day' has the meaning set forth 
        in section 6103(c).''.

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