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H.R. 3278 (113th): 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.


The text of the bill below is as of Oct 8, 2013 (Introduced). The bill was not enacted into law.


I

113th CONGRESS

1st Session

H. R. 3278

IN THE HOUSE OF REPRESENTATIVES

October 8, 2013

introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL

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.

1.

Amendments

Section 7701 of title 5, United States Code, is amended—

(1)

by redesignating subsection (k) as subsection (l); and

(2)

by inserting after subsection (j) the following:

(k)
(1)

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—

(A)

the position is not one that requires a security clearance or access to classified information; and

(B)

such action is otherwise appealable.

(2)

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term sensitive position means any position so designated pursuant to Executive Order 10450 ( 5 U.S.C. 7311 note) or, if superseded, a successor Executive order.

.

2.

Effective date

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.