#aaeth ,,congress #b;d ,session ,h4 ,r4 #aacb ,,an ,,act ,to amend title #e1 ,united ,states ,code1 to provide for a #b-year prohibition on employment in a career civil service position for any former political appointee1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,political ,appointee ,burrowing ,prevention ,act4 #b4 ,limitation on employment of political appointees in career civil service positions 7a7 ,in general ,subchapter ,i of chapter #ca of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #caae4 ,employment of political appointees 7a7 ,appointment approval required 7#a7 ,in general ,the head of an agency may not appoint any individual described in paragraph 7#e7 to a career position within the agency without receiving prior written approval from the ,associate ,director of ,merit ,systems ,accountability and ,compliance1 consistent with the requirements of this subsection4 7#b7 ,request ,the head of an agency shall submit a request to the ,associate ,director to approve the appointment of any individual described in paragraph 7#e7 to a career position4 ,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 mission4 7#c7 ,review and determination ,the ,associate ,director shall review any request received pursuant to paragraph 7#b7 and deny any such request unless the ,associate ,director determines that the appointment process with respect to the request was fair1 open1 and free from political influence4 ,if the ,associate ,director makes that determination1 the ,associate ,director may approve the request4 7#d7 ,notification to ,congress ,with respect to any request approved under paragraph 7#c71 the ,associate ,director shall1 not less than five days before the date the ,associate ,director provides approval to the head of the requesting agency1 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 7#b7 and the agency head's rationale for that certification4 7#e7 ,covered individuals ,an individual described in this paragraph is-- 7,a7 a political appointee2 7,b7 a former political appointee who held any political position during the #e-year period before the date of the request described in paragraph 7#b72 or 7,c7 at the discretion of the ,director of the ,office of ,personnel ,management1 a former political appointee who held any political position before the five-year period described in subparagraph 7,b74 7b7 ,restriction on appointment 7#a7 ,in general ,notwithstanding any other law1 rule1 or regulation1 during the #b-year period following the date a political appointee leaves or departs from a political position1 such appointee may not be appointed to any career position in the civil service4 7#b7 ,exception ,paragraph 7#a7 shall not apply to a political appointee who has not personally and substantially participated in any particular matter while employed in a political position4 7c7 ,application ,nothing in this section shall be construed to restrict the appointment of an individual who is-- 7#a7 entitled to reinstatement under section #ceic7;b72 or 7#b7 eligible for reinstatement under section #ceic7;a74 7d7 ,definitions ,in this section-- 7#a7 the term agency has the meaning given the term ,executive agency in section #aje2 7#b7 the term ,associate ,director means the ,associate ,director of ,merit ,systems ,accountability and ,compliance at the ,office of ,personnel ,management2 7#c7 the term political appointee means an individual serving in an appointment of any duration to a political position2 7#d7 the term political position means-- 7,a7 a position with respect to which appointment is made-- 7i7 by the ,president2 or 7ii7 by the ,president1 by and with the advice and consent of the ,senate2 7,b7 a position which has been excepted from the competitive service by reason of its confidential1 policy-determining1 policy-making1 or policy-advocating character2 7,c7 a position described under sections #ecab through #ecaf 7relating to the ,executive ,schedule72 and 7,d7 a general position in the ,senior ,executive ,service during such time as it is filled by-- 7i7 a noncareer appointee1 as defined in paragraph 7#g7 of section #cacb7;a72 or 7ii7 a limited term appointee or limited emergency appointee1 as defined in paragraphs 7#e7 and 7#f7 of section #cacb7;a71 who is serving under a political appointment4 7#e7 the term career position means-- 7,a7 a position in the competitive service filled by career or career-conditional appointment2 7,b7 a position in the excepted service filled by an appointment of equivalent tenure as a position described in subparagraph 7,a72 7,c7 a career reserved position1 as defined in paragraph 7#h7 of section #cacb7;a71 in the ,senior ,executive ,service2 or 7,d7 a general position in the ,senior ,executive ,service when filled by a career appointee1 as defined in section #cacb7;a77#d72 7#f7 the term participated means an action taken as an officer or employee through decision1 approval1 disapproval1 recommendation1 the rendering of advice1 investigation1 or other such action2 and 7#g7 the term particular matter includes any investigation1 application1 request for a ruling or determination1 rulemaking1 contract1 controversy1 claim1 charge1 accusation1 arrest1 or judicial or other proceeding4 4 7b7 ,clerical amendment ,the table of sections of chapter #ca of title #e1 ,united ,states ,code1 is amended by adding after the item relating to section #caad the following3 #caae4 ,employment of political appointees4 4 7c7 ,application 7#a7 ,appointment requests ,section #caae7;a7 of title #e1 ,united ,states ,code1 as added by subsection 7a71 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 ,act4 7#b7 ,limitation on appointments ,section #caae7;b7 of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall apply to any individual who leaves or departs from a political position 7as that term is defined in section #caae7;c77#b7 of such title1 as added by such subsection7 after the date of enactment of this ,act4 7d7 ,regulations required ,the ,director of the ,office of ,personnel ,management shall issue regulations necessary to carry out this ,act4 ,such regulations shall include guidance on the definition of the term personally and substantially participated in a particular matter in section #caae7;b77#b7 of title #e1 ,united ,states ,code1 as added by subsection 7a71 consistent with section #bfda4bja of title #e1 ,code of ,federal ,regulations4 ,passed the ,house of ,representatives ,march #f1 #bjah4;,clerk4