[Congressional Record Volume 164, Number 39 (Tuesday, March 6, 2018)]
[House]
[Pages H1414-H1416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              POLITICAL APPOINTEE BURROWING PREVENTION ACT

  Mr. BLUM. Mr. Speaker, I move to suspend the rules and pass the bill 
(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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows

                               H.R. 1132

       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. 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:

     ``Sec. 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 Compliance, consistent with the 
     requirements of this subsection.
       ``(2) Request.--The head of an agency shall submit a 
     request to the Associate Director to approve 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 Associate Director 
     shall review any request received pursuant to paragraph (2) 
     and deny any such request unless the Associate Director 
     determines that 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 respect to any 
     request approved under paragraph (3), the Associate Director 
     shall, not less than five days before the date the Associate 
     Director provides approval to the head of the requesting 
     agency, provide to the Committee on Oversight and Government 
     Reform of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs 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 five-year period before the date of the 
     request described in paragraph (2); 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 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 following the date a 
     political appointee leaves or departs 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 matter 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).

[[Page H1415]]

       ``(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 and Compliance at 
     the Office of Personnel Management;
       ``(3) the term `political appointee' means an individual 
     serving in an appointment of any duration to a political 
     position;
       ``(4) 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 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 Executive 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 limited emergency 
     appointee, as defined in paragraphs (5) and (6) of section 
     3132(a), who is serving under a political appointment.
       ``(5) 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 paragraph 
     (8) of section 3132(a), 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);
       ``(6) 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
       ``(7) 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 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 request for appointment described in 
     such section submitted to the Associate Director of Merit 
     Systems Accountability and Compliance after the date of 
     enactment 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 enactment 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 include 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 by subsection (a), 
     consistent with section 2641.201 of title 5, Code of Federal 
     Regulations.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Iowa (Mr. Blum) and the gentleman from Virginia (Mr. Connolly) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Iowa.


                             General Leave

  Mr. BLUM. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Iowa?
  There was no objection.
  Mr. BLUM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 1132, the Political 
Appointee Burrowing Prevention Act, introduced by the gentleman from 
Colorado, Representative Buck.
  This important bill will protect the integrity of the civil service 
and ensure the American people are served by a competent, nonpolitical 
career workforce.
  Under current law, each administration appoints a political staff to 
help advance the administration's political goals. These political 
employees leave at the end of the administration to make way for the 
next administration's appointees.
  In contrast, the career civil service is designed to carry over from 
administration to administration. These employees should be hired based 
on their qualifications and promoted based on their performance. 
Despite the significant differences between the two types of positions, 
however, political appointees are currently allowed to convert to 
career positions. This practice is known as ``burrowing.''
  As the Government Accountability Office explained: ``Circumstances 
surrounding conversions can raise questions as to whether the 
individuals selected experienced favoritism or enjoyed an unfair 
advantage in the selection process.''
  GAO went on to say: ``Any appearance of this could compromise the 
merit system's integrity.''
  H.R. 1132, the Political Appointee Burrowing Prevention Act, will 
enact in law the requirement for OPM to review political conversions.
  The bill also raises the bar for political conversions, requiring an 
agency certify the conversion is necessary to meet its mission. To 
ensure Congress can continue to monitor for abuse, the certification 
must be provided to Congress before it is approved.
  Finally, the bill prohibits political conversions within 2 years of 
leaving a political appointment. This ensures sufficient time has 
passed between when political appointees finish their appointment and 
when they may become a career employee.
  In closing, this bill protects the integrity of the merit-based 
system so career politicians stay free of politics. The American people 
deserve nothing less.
  Mr. Speaker, I urge my colleagues to support the bill, and I reserve 
the balance of my time.
  Mr. CONNOLLY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the bill before us is H.R. 1132, the Political Appointee 
Burrowing Prevention Act, as amended.
  I want to thank my friends on the majority for working with us to 
improve this bill since its consideration by the committee. Because of 
the improvements we have been able to make, I support moving this bill 
forward in the legislative process; however, I continue to believe that 
some further changes may be needed.
  The bill would make it very difficult to hire former political 
appointees into career positions in the Federal Government. It would 
prohibit hiring a former political appointee into a career position for 
2 years after that individual held a political position.
  It would also add significant hurdles for agencies seeking to hire an 
applicant to a career position who separated from a political 
appointment in the last 5 years. The agency would be required to 
certify to the Office of Personnel Management that the appointment is 
``necessary to the agency's ability to meet its mission.''
  There are several controls already in place to ensure that the 
process used to hire former political appointees into career positions 
is fair, open, and based on merit. For example, the Office of Personnel 
Management must ensure, right now, that the appointment process was 
free from political influence and report the results of its reviews to 
Congress.
  A February 2017 report found that OPM reviewed just 16 requests by 
agencies to hire former political appointees from October 1, 2016, 
through January 20, 2017, and did not find any reason to deny any of 
those requests.
  We all want the best people in the Federal service, and there should 
be no undue favoritism in the hiring process.
  In comments on this bill, OPM suggested that certain provisions may 
conflict with the merit system principles that have formed the basis of 
the Federal civil service for over a century. That issue should be 
clarified before this bill becomes enacted into law.
  Nonetheless, we support the spirit with which the bill is offered us 
today, and we have no objections to the legislation in front of us.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BLUM. Mr. Speaker, I yield 5 minutes to the gentleman from 
Colorado (Mr. Buck), the sponsor of the bill and my esteemed colleague.
  Mr. BUCK. Mr. Speaker, I thank the gentleman from Iowa for the time 
today to talk about this important legislation.

[[Page H1416]]

  Mr. Speaker, I want to speak on behalf of the Political Appointee 
Burrowing Prevention Act. This important legislation addresses a 
problem affecting our Federal workforce.
  Our Federal civil service hiring process is supposed to be a 
competitive, merit-based system where the best and brightest 
individuals are considered based on their qualifications and ability to 
do their job, not because of their political connections. However, we 
have seen a concerning trend where excepted service employees, 
specifically political appointees, are converted into high-paying, 
lifelong civil service positions, bypassing the normal competitive 
hiring process.
  This process, also known as ``burrowing,'' defeats the purpose of 
having a nonpartisan, merit-based civil service. In fact, the 
Government Accountability Office reports that the Obama administration 
converted 78 political appointments into career positions, while the 
Bush administration allowed 135 political appointees to burrow into 
career positions.
  This trend raises significant concerns that individuals who were not 
chosen based solely on their merits may, at best, not be the most 
qualified candidate for the job, or, at worst, may not be willing to 
properly execute the law under a new administration.

                              {time}  1530

  Political appointees are supposed to serve their appointing 
President's agenda for a temporary period of time. Part of their duty 
to the Nation is to know when it is time to step down from their 
position of power.
  Congress must act to ensure this principle is upheld and to protect 
the independence of our merit-based civil service. That is why I, along 
with my friend and colleague, Representative Ted Lieu, have offered an 
equitable solution to ensure this problem is stopped in its tracks.
  Our bill, the Political Appointee Burrowing Prevention Act, places a 
2-year ban on political appointees being hired for any job in the civil 
service after they depart a political position.
  Additionally, the bill ensures that after the 2-year ban is 
completed, the head of the agency seeking to employ the individual must 
submit a written request to OPM detailing why hiring a former appointee 
is necessary to the agency's mission.
  Furthermore, OPM is instructed to deny the application unless the 
agency head can prove why it is necessary to hire this individual 
instead of an applicant from the merit-based hiring pool.
  This commonsense bill ensures that our Federal workforce is filled 
with career civil servants who are the most qualified, not the most 
politically connected.
  Mr. Speaker, I urge my colleagues to support this commonsense 
legislation that ensures our Federal workforce is being selected by 
merit, not by political patronage.
  Mr. CONNOLLY. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I do support the bill in the spirit in which this bill 
is offered. I think we want to make sure we preserve the integrity of 
the civil service system that we have worked so hard to build in this 
country, where we build in integrity and we avoid nepotism and 
favoritism and political connections over merit.
  One caveat, though, as I mentioned: once in a while, there may be a 
political appointee who is the best thing since sliced bread, who 
brings a level of expertise that we need, and we don't want to make it 
harder to look at those credentials on their merits. I know that is not 
the intention of the bill, but it may be one of the unintended 
consequences, and that is what we want to just make sure we are not 
doing as we move forward, but with that, I support the bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BLUM. Mr. Speaker, I urge adoption of the bill, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Iowa (Mr. Blum) that the House suspend the rules and 
pass the bill, H.R. 1132, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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