H.R. 1132 — what changed

changed “3115. Employment of former political appointees; restrictionsappointees

changed “(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.Appointment approval required

changed “(b) Subsection (a) shall “(1) In general—An individual described in paragraph (4) may not apply be appointed to a political appointee who has not personally and substantially participated in any particular matter while employed in a political position.career position without receiving prior written approval from the Director of the Office of Personnel Management with respect to such appointment, consistent with the requirements of this subsection.

changed “(c) In this section—“(2) Agency appointment request—The head of an agency shall submit a request to the Director to approve the appointment of any individual described in paragraph (4) to a career position. Any such request shall include certification by the agency head to the Director that the appointment is critical for the agency to meet its mission.

changed “(1) the term “political appointee” has the meaning given the term in section 3101(a);“(3) OPM review—The Director shall review any request received pursuant to paragraph (2) and—

changed “(2) the term “political position” means—“(A) with respect to any such request, may—

added “(i) approve the request if the Director determines that the appointment process with respect to the request was fair, open, and free from political influence; or

added “(ii) deny the request if—

added “(I) the Director fails to make the determination under clause (i); or

added “(II) determines that the agency certification under paragraph (2) is unreasonable; and

added “(B) with respect to a request approved under subparagraph (A)(i), shall, not less than five days before the date of approval, 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 and the Director’s rationale for concurring with that certification.

added “(4) Covered individuals—An individual described in this paragraph is—

added “(A) a political appointee;

added “(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

added “(C) at the discretion of the Director, a former political appointee who held any political position before the five-year period described in subparagraph (B).

added “(b) Restriction on appointment

added “(1) In general—Notwithstanding any other law, rule, or regulation, during the 2-year period following the date a political appointee separates from a political position, such appointee may not be appointed to any career position in the civil service.

added “(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.

added “(c) Application—Nothing in this section shall be construed to restrict the appointment of an individual who is—

added “(1) entitled to reinstatement under section 3593(b); or

added “(2) eligible for reinstatement under section 3593(a).

added “(d) Definitions—In this section—

added “(1) the term “agency” has the meaning given the term “Executive agency” in section 105;

added “(2) the term “political appointee” means an individual serving in an appointment of any duration to a political position;

added “(3) 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;

added “(B) a position described under sections 5312 through 5316 (relating to the Executive Schedule); and

added “(C) a general position in the Senior Executive Service during such time as it is filled by—

added “(i) a noncareer appointee, as defined in paragraph (7) of section 3132(a); or

added “(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.

added “(4) the term “career position” means—

added “(A) a position in the competitive service filled by career or career-conditional appointment;

added “(B) a position in the excepted service filled by an appointment of equivalent tenure as a position described in subparagraph (A);

added “(C) a career reserved position, as defined in paragraph (8) of section 3132(a), in the Senior Executive Service; or

added “(D) a general position in the Senior Executive Service when filled by a career appointee, as defined in section 3132(a)(4);

added “(5) 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

added “(6) 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.”

removed “(B) a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); or

removed “(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));

removed “(3) the term “career position” means—

removed “(A) a position in the competitive service; or

removed “(B) a position in the Senior Executive Service as a career appointee (as that term is defined in section 3132(a)(4));

removed “(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

removed “(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.”