Political-to-Career Conversions (“Burrowing In”)
July 30, 2024
Political-to-Career Conversions (“Burrowing In”)
Some individuals who are serving in appointed (noncareer)
appointments to career positions are among those activities
positions in the executive branch convert to career positions
defined as “personnel actions,” a class of activities that can
in the competitive service, the Senior Executive Service
be undertaken only in accordance with strict procedures. In
(SES), or the excepted service. This practice, commonly
taking a personnel action, each department and agency head
referred to as “burrowing in,” is permissible when laws and
is responsible for preventing prohibited personnel practices;
regulations governing career appointments are followed.
for complying with and enforcing applicable civil service
While such conversions may occur at any time, they
laws, rules, and regulations and other aspects of personnel
frequently do so during the transition period between
management; and for ensuring that agency employees are
Administrations.
informed of their rights and the remedies available to them.
These personnel actions must adhere to the nine merit
Generally, these appointees were selected noncompetitively
principles and avoid 14 prohibited personnel practices that
and are serving in such positions as Schedule C, noncareer
are codified at Title 5, Sections 2301(b) and 2302(b),
SES, or limited tenure SES that involve policy
respectively, of the U.S. Code. These principles and
determinations or require a close and confidential
practices are designed to ensure that the process for
relationship with the department or agency head and other
selecting career employees is fair and open (competitive)
top officials. Career employees, on the other hand, are to be
and free from political influence.
selected on the basis of merit and without political
influence following a fair and open process evaluating their
Department and agency heads must also follow regulations,
knowledge, skills, and experience compared against that of
codified at Title 5 of the Code of Federal Regulations, that
other applicants. The tenure of noncareer and career
govern career appointments. These include Civil Service
employees also differs. The former is generally limited to
Rules 4.2 (which prohibits racial, political, or religious
the terms of the Administrations in which they are
discrimination) and 7.1 (which addresses an appointing
appointed or serve at the pleasure of the persons who
officer’s discretion in filling vacancies). Other regulations
appointed them. The latter constitute a workforce that
provide that Office of Personnel Management (OPM)
continues the operations of government without regard to
approval is required before employees in Schedule C
the change of Administrations.
positions may be detailed to competitive service positions,
that public announcement is required for all SES vacancies
Beyond the fundamental concern that the conversion of an
that will be filled by initial career appointments, and that
individual from an appointed (noncareer) position to a
details to SES positions that are reserved for career
career position may not have followed applicable legal and
employees (known as Career-Reserved) may be filled only
regulatory requirements, “burrowing in” can raise other
by career SES or career-type non-SES appointees.
concerns. Observers might raise concerns about potential
outcomes of the decision (whether valid or not), such as
During the period June 1, 2024, through January 20, 2025,
that an appointee converting to a career position may limit
which is defined as the Presidential Election Period, certain
the promotion opportunities for other employees—who
appointees are prohibited from receiving financial awards.
were competitively selected for their career positions
These appointees—referred to as senior politically
following examination of their knowledge, skills, and
appointed officers—are (1) individuals serving in noncareer
experience—or that the individual who is converted to a
SES positions, (2) individuals serving in confidential or
career position may seek to undermine the work of the new
policy-determining positions as Schedule C employees, and
Administration whose policies may be different from those
(3) individuals serving in limited-term and limited
that he or she espoused when serving as an appointee. Both
emergency positions.
perceptions may increase the tension between political and
career staff and hinder the effective operation of
Certain conversions may invite scrutiny, such as when a
government, which relies on career staff to provide the
department or agency converts an employee from an
continuity and expertise that underpins it. Public
appointed (noncareer) position to a career position without
administration literature emphasizes the importance of
any apparent change in duties and responsibilities, or when
effective working relationships between noncareer and
the new position appears to have been tailored to the
career staff.
individual’s knowledge and experience. OPM conducts
ongoing oversight related to conversions of employees from
Appointments to Career Positions
noncareer to career positions to ensure that proper
Appointments to career positions in the executive branch
procedures have been followed. The Government
are governed by laws and regulations that are codified in
Accountability Office also periodically conducts such
Title 5 of the U.S. Code and Title 5 of the Code of Federal
oversight.
Regulations, respectively. For purposes of both,
https://crsreports.congress.gov
Political-to-Career Conversions (“Burrowing In”)
OPM Approval
current or former political appointee, Schedule C
A December 30, 2022, an OPM memorandum on “Political
employee, or noncareer SES member; or
Appointees and Career Civil Service Positions” reminded
agencies of the policies that govern OPM’s oversight of
[r]emove the Schedule C or noncareer SES
conversions of employees from appointed positions to
elements of a position solely to appoint the
career positions. It identified the types of appointments that
incumbent into the competitive or excepted service.
are subject to OPM pre-appointment review and approval:
OPM publishes a Presidential Transition Guide to Federal
Human Resources Management Matters. The current
A. appointment of a current or former political
edition, dated December 2020, includes detailed guidance
appointee as described under 5 U.S.C. sections
on standards of ethical conduct, appointments, and
5312 through 5316 (relating to the Executive
compensation for federal employees.
Schedule) to a permanent competitive service, non-
political excepted service, or career Senior
Reporting Requirement for OPM
Executive Service (SES) position;
Section 4(b)(1) of P.L. 114-136 requires the OPM director
to provide annual reports to the Senate Committee on
B. appointment of a current or former political
Homeland Security and Governmental Affairs and the
Schedule A, Schedule C, or an individual who
House Committee on Oversight and Accountability on
serves or served in a political capacity under
agencies’ requests to appoint current or former political
agency-specific authority in the Executive Branch
appointees to covered civil service positions. The law states
to a permanent competitive service, non-political
the data requirements for the reports and requires that
excepted service, or career SES position;
certain of the reports be provided quarterly and cover each
C. appointment of a current or former noncareer
quarter of the year and that the last quarterly report cover
SES appointee, or an individual who serves or
January 1 through January 20 of the following year. Such
quarterly reports are required in the last year of a
served in a political capacity under Limited Term
presidential term. The name or title of a current or former
SES or Limited Emergency SES appointment in the
political appointee may be excluded from a quarterly report
Executive Branch, to a permanent competitive, non-
at the discretion of the OPM director. This circumstance
political excepted service, or career SES position;
would occur for an appointee who was requested to be
D. appointment of a current or former political
appointed to a covered civil service position and was not
appointee in the Executive Branch … to an agency
appointed to this position or to whom a request to be
position covered by an interchange agreement with
appointed to a covered civil service position is pending at
OPM established under Civil Service Rule 6.7
the end of the period covered by the report.
allowing movement from the agency’s merit system
Issues for Congressional Consideration
to the competitive civil service; and
Congress may decide that existing oversight of conversions
E. appointment of a current or former political
from appointed positions to career positions is sufficient. If
appointee to permanent positions involving
it determines that additional measures are needed to ensure
noncompetitive and direct-hire appointments, under
that they are properly conducted and transparent, it could
5 C.F.R. § 315, subpart F, and 5 C.F.R. § 337,
direct OPM to report on its pre-appointment review policies
subpart B.
and recommend whether the policies should be codified in
Title 5, Section 1104, of the U.S. Code. Alternatively,
The memorandum stated that OPM “will continue to
Congress could encourage OPM to loosen its review
conduct merit staffing reviews of proposed selections of
requirements but maintain ongoing oversight. Congress
current or former political appointees for career SES
could direct OPM or the Chief Human Capital Officers
positions before they are presented to OPM’s Qualification
Council to provide training to federal managers and
Review Board (QRB) for certification of executive
supervisors on the policies. Congress could direct OPM to
qualifications.” OPM reminded agencies to “carefully
regularly provide standardized reports or maintain
review all proposed SES selections to ensure they accord
information on conversions in a format that permits quick
with merit staffing requirements before such cases are
and secure access. Congress could also direct OPM to
forwarded to the QRB.” “Pre-Appointment Checklists” for
recommend whether amendments are needed to the
competitive service positions and non-political excepted
Presidential Election Period to either authorize more or
service positions and a merit staffing review checklist for
further restrict financial awards to senior politically
SES positions were included as attachments.
appointed officers. It could increase the penalties for
violating civil service laws by “creat[ing] a misdemeanor
For the current Presidential Election Period, OPM also
offense for agency personnel who violate or contribute to
issued a May 24, 2024, memorandum on appointments and
the violation of the federal hiring statutes” or prohibit
awards. Attachment 2 cautioned departments and agencies
conversions in statute.
not to
Barbara L. Schwemle, Analyst in American National
[c]reate or announce a competitive or excepted
Government
service vacancy for the sole purpose of selecting a
IF12720
https://crsreports.congress.gov
Political-to-Career Conversions (“Burrowing In”)
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https://crsreports.congress.gov | IF12720 · VERSION 1 · NEW