Civil Service Due Process Amendments

Summary

Civil Service Due Process Amendments - Makes certain employees in the excepted service (civilian positions in the executive branch specifically excepted from civil service requirements) subject to adverse personnel action provisions respecting removal, suspension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less. Excludes the following persons from such provisions: (1) presidential appointees; (2) retirees receiving an annuity from the Civil Service Retirement and Disability Fund or the Foreign Service Retirement and Disability Fund; (3) National Guard technicians; (4) members of the Foreign Service; (5) employees of the Central Intelligence Agency, the General Accounting Office, or the Department of Medicine and Surgery of the Veterans Administration; (6) employees who are not preference eligibles in the U.S. Postal Service, the Postal Rate Commission, the Federal Bureau of Investigation, or the National Security Agency; and (7) aliens and non-citizens of the United States occupying positions outside the United States. Provides that an employee or applicant for employment who is the prevailing party in an appeal to the Merit Systems Protection Board shall be granted the relief provided in the Board's decision pending the outcome of any petition for review by the Board. Declares that such provision does not apply to the award of back pay or attorney fees before the decision has become final. Prohibits an individual's status under any retirement system from being taken into account in determining the appealability to the Board of any case involving a removal from service. Requires the Board to hold hearings or other proceedings near the employee's or applicant's job site unless the costs to the Government would be lesser elsewhere. Requires that the Board be named the respondent in any proceeding for judicial review of a Board decision. (Currently, the applicable agency is named the respondent.)

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Documents

2 official files

• Passed House amended

  summary · EN · 2 February 1988

  Open at official source

• Introduced in House

  summary · EN · 28 January 1988

  Open at official source

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