APPOINTMENT OF NATIONAL APPEALS DIVISION HEARING OFFICERS.

SEC. 12412. APPOINTMENT OF NATIONAL APPEALS DIVISION HEARING OFFICERS. Section 272(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6992(e)) is amended to read as follows: “(e) Division Personnel.— “(1) In general.—The Director shall recommend to the Secretary persons for appointment as hearing officers as are necessary for the conduct of hearings under section 277. The Director shall appoint such other employees as are necessary for the administration of the Division. A hearing officer or other employee of the Division shall have no duties other than those that are necessary to carry out this subtitle. Each position of the Division shall be filled by an individual who is not a political appointee. “(2) Political appointee.—In this subsection, the term ‘political appointee’ means an individual occupying— “(A) a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); “(B) a noncareer position in the Senior Executive Service, as described under section 3132(a)(7) of that title; “(C) a position in the executive branch of the 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 “(D) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.” .