110 HR 6822 IH: Legislative Branch Personnel Appeals Procedural U.S. House of Representatives 2008-08-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6822 IN THE HOUSE OF REPRESENTATIVES August 1, 2008 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require appeals of personnel actions involving the officers and employees of the Government Accountability Office to be considered by the Office of Special Counsel and the Merit Systems Protection Board in the same manner as appeals of prohibited personnel practices involving employees of Executive agencies under title 5, United States Code, and for other purposes.

1.

Short Title

This Act may be cited as the Legislative Branch Personnel Appeals Procedural Consolidation Act of 2008.

2.

Use of Office of Special Counsel and Merit Systems Protection Board for Appeals of Personnel Actions Involving Government Accountability Office

(a)

In General

Subchapter IV of chapter 7 of title 31, United States Code, is amended by adding at the end the following new section:

756.

Transfer of Authority to Office of Special Counsel and Merit Systems Protection Board

(a)

In General

Notwithstanding any provision of this subchapter to the contrary, in the case of any personnel action taken with respect to an officer or employee of the Government Accountability Office or an officer or employee of a participating Federal office— (1)the Government Accountability Office Personnel Appeals Board shall not have any authority to consider an appeal of the action; (2)the Office of Special Counsel under chapter 12 of title 5, United States Code, shall have the authority to investigate the personnel action and seek corrective and disciplinary action described in such chapter with respect to the personnel action, in the same manner and subject to the same terms and conditions as if the officer or employee involved were an employee of an Executive Agency under such title and the personnel action were a prohibited personnel practice under such title; (3)the officer or employee may seek corrective and disciplinary action with respect to the personnel action from the Office of Special Counsel and the Merit Systems Protection Board under chapter 12 of title 5, United States Code, in the same manner and subject to the same terms and conditions as if the officer or employee involved were an employee of an Executive Agency under such title and the personnel action were a prohibited personnel practice under such title; (4)the procedures applicable to the appeal shall be the procedures provided under chapter 12 of title 5, United States Code, for the consideration of alleged prohibited personnel actions under such title; and (5)the remedies available with respect to the personnel action shall be the remedies available under chapter 12 of title 5, United States Code, to an employee of an Executive agency under such title. (b)

Continuing Application of Substantive Rights and Protections

Nothing in subsection (a) may be construed— (1)to affect the personnel management system maintained by the Comptroller General under subchapter III, the rights and protections described in section 732(b) or otherwise provided under the system to officers and employees of the Government Accountability Office, or the authority of the Comptroller General to prescribe regulations to carry out the system, except to the extent that the system or the regulations are inconsistent with subsection (a); or (2)to affect the rights and protections provided with respect to personnel actions taken with respect to officers and employees of the Government Accountability Office or officers and employees of a participating Federal office under any law, rule, or regulation. (c)

Participating Federal office described

In this section, a participating Federal office means an office of the Federal government whose employees have the ability (pursuant to an agreement between such office and the Government Accountability Office) to have appeals of personnel actions considered by the Government Accountability Office Personnel Appeals Board.

. (b)

No effect on current appeals

If an officer or employee of the Government Accountability Office or a participating Federal office (as defined in section 756(c) of title 31, United States Code) has initiated an appeal with respect to a personnel action with the General Counsel of the Government Accountability Office prior to the date of the enactment of this Act— (1)section 756 of title 31, United States Code (as added by paragraph (1)) shall not apply with respect to the appeal of the personnel action; and (2)the appeal of the personnel action shall be considered by the Government Accountability Office Personnel Appeals Board in accordance with subchapter IV of chapter 7 of such title (without regard to section 756 of such title).