This bill permits the Merit Systems Protection Board to review an agency's determination that an employee (or applicant) is ineligible to hold a sensitive position that does not require a security clearance or access to classified information.
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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10450 (5 U.S.C. 7311 note) or, if superseded, a successor Executive 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.''.

SEC. 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.
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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.
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.
Official Titles - House of Representatives
Official Title as Introduced
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.
Del. Norton, Eleanor Holmes