H. R. 3278
IN THE HOUSE OF REPRESENTATIVES
October 8, 2013
Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform
To amend chapter 77 of title 5, United States Code, to clarify certain due process rights of Federal employees serving in sensitive positions, and for other purposes.
Section 7701 of title 5, United States Code, is amended—
by redesignating subsection (k) as subsection (l); and
by inserting after subsection (j) the following:
An employee or applicant for employment appealing an action arising from a determination of ineligibility for a sensitive position may not be denied Board review of the merits of such determination if—
the position is not one that requires a security clearance or access to classified information; and
such action is otherwise appealable.
For purposes of this subsection, the term sensitive position means any position so designated pursuant to Executive Order 10450 ( 5 U.S.C. 7311 note) or, if superseded, a successor Executive order.
The amendments made by this Act shall apply to all appeals, without exception, that are pending on, or commenced on or after, the date of the enactment of this Act.