[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1809 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1809

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 12 (legislative day, December 11), 2013

 Mr. Tester (for himself, Mr. Grassley, and Mrs. McCaskill) introduced 
the following bill; which was read twice and referred to the Committee 
             on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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.

    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) The Board has authority to review on the merits an appeal 
by an employee or applicant for employment of an action arising from a 
determination that the employee or applicant for employment is 
ineligible for a sensitive position if--
            ``(A) the sensitive position does not require a security 
        clearance or access to classified information; and
            ``(B) such action is otherwise appealable.
    ``(2) In this subsection, the term `sensitive position' means a 
position designated as a sensitive position under Executive Order 10450 
(5 U.S.C. 7311 note), or any successor thereto.''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act shall apply to any appeal that is 
pending on, or commenced on or after, the date of enactment of this 
Act.
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