[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1619 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1619
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2021
Ms. Ernst introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
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.
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 ``Reduce Bureaucracy 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. 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).
SEC. 3. REDUCTION IN NUMBER OF POLITICAL APPOINTEES.
(a) Definitions.--In this section--
(1) the terms ``limited term appointee'', ``limited
emergency appointee'', and ``noncareer appointee'' have the
meanings given the terms in section 3132(a) of title 5, United
States Code; and
(2) the term ``political appointee'' means any individual
who--
(A) is employed in a position on the Executive
Schedule under sections 5312 through 5316 of title 5,
United States Code;
(B) is a limited term appointee, a limited
emergency appointee, or a noncareer appointee; or
(C) is employed in a position in the executive
branch of the Federal Government of a confidential or
policy-determining character under Schedule C of
subpart C of part 213 of title 5, Code of Federal
Regulations, or any successor regulations.
(b) Limitation.--The President, acting through the Director of the
Office of Management and Budget and the Director of the Office of
Personnel Management, shall take such actions as necessary to ensure
that the total number of political appointees shall not exceed 2,000.
(c) Effective Date.--This section shall take effect on the date
that is 1 year after the date of enactment of this Act.
<all>