Ҥ 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).”.