Limitation 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:

3117.

Employment of political appointees

(a)

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 for Merit System Accountability and Compliance at the Office of Personnel Management;(3)the term career position means—(A)a position in the competitive service filled by career or career-conditional appointment;(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 section 3132(a)(8), in the Senior Executive Service; or(D)a general position in the Senior Executive Service when filled by a career appointee, as 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; (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; (6)the term political appointee means an individual serving in an appointment of any duration to a political position; and(7)the term political position means—(A)a position with respect to which appointment is made—(i)by the President; or(ii)by the President, by and with the advice and consent of the Senate;(B)a position that has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character;(C)a position described in sections 5312 through 5316 (relating to the Executive Schedule); and(D)a general position in the Senior Executive Service during such time as it is filled by—(i)a noncareer appointee, as defined in section 3132(a)(7); or(ii)a limited term appointee or a limited emergency appointee, as defined in paragraphs (5) and (6) of section 3132(a), respectively, who is serving under a political appointment.(b)

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, consistent with the requirements of this subsection.(2)

Request

The head of an agency shall submit to the Associate Director a request to approve the appointment of any individual described in paragraph (5) to a career position, which shall include certification by the head of the agency to the Associate Director that the appointment is necessary for the agency to meet the mission of the agency.(3)

Review and determination

The Associate Director— (A)shall— (i)review any request received under paragraph (2); and(ii)deny any request described in clause (i), unless the Associate Director determines that the appointment process with respect to the request was fair, open, and free from political influence; and(B)may, if the Associate Director makes a determination described in subparagraph (A)(ii), approve a request submitted under paragraph (2).(4)

Notification to Congress

With respect to any request approved under paragraph (3)(B), the Associate Director shall, not less than 5 days before the date on which the Associate Director provides approval to the head of the requesting agency, provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives the agency certification under paragraph (2) and the rationale of the applicable agency head with respect to 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 on which the applicable request described in paragraph (2) is submitted; or(C)at the discretion of the Director of the Office of Personnel Management, a former political appointee who held any political position before the 5-year period described in subparagraph (B).(c)

Restriction on appointment

(1)

In general

Notwithstanding any other law, rule, or regulation, during the 2-year period following the date on which a political appointee leaves or departs from a political position, that 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 matter while employed in a political position.(d)

Application

Nothing in this section may 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).

(b)

Clerical amendment

The table of sections for subchapter I 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(b) 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 for Merit System Accountability and Compliance after the date of enactment of this Act.(2)

Limitation on appointments

Section 3117(c) 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 3117(a) of such title, as added by such subsection) after the date of enactment of this Act.(d)

Regulations required

(1)

In general

The Director of the Office of Personnel Management shall issue regulations necessary to carry out this section and the amendments made by this section. (2)

Contents

The regulations issued under paragraph (1) shall include guidance regarding the definition of the term personally and substantially participated in any particular matter in section 3117(c)(2) of title 5, United States Code, as added by subsection (a), consistent with section 2641.201 of title 5, Code of Federal Regulations, and the definitions of applicable terms in section 3117(a) of title 5, United States Code, as added by subsection (a).