[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Page S12292]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                       By Mr. LEVIN (by request):

  S. 1495. A bill to amend section 7703 of title 5, United States Code, 
to strengthen the ability of the Office of Personnel Management to 
obtain judicial review to protect the merit system, and for other 
purposes; to the Committee on Governmental Affairs.


                THE MERIT SYSTEM PROTECTION ACT OF 1997

  Mr. LEVIN. Mr. President, as the ranking member of the International 
Security, Proliferation, and Federal Services Subcommittee of the 
Governmental Affairs Committee, the subcommittee having jurisdiction 
over civil service issues, I am introducing today, at the request of 
the administration, legislation that would make two changes to the 
Civil Service Reform Act of 1978. I introduce this legislation as a 
courtesy to the administration without taking a position on its merits 
so that it can be given proper consideration and so that concerned 
parties can have the opportunity to comment on its potential effects.
  The two changes to the Civil Service Reform Act relate to the 
authority of the Office of Personnel Management [OPM] to seek judicial 
review of Federal personnel management decisions issued by the Merit 
Systems Protection Board [MSPB] and by arbitrators. The first change 
would allow OPM 60 days, rather than the 30 days under current law, to 
file a petition for review of an MSPB final decision with the U.S. 
Court of Appeals for the Federal Circuit. The time available for 
employees to appeal would not be affected by this change.
  The second change would eliminate the discretion of the Federal 
circuit to decide whether to hear OPM petitions for review. Currently, 
OPM must file a petition with the Federal circuit and ask the court to 
hear its appeal. If enacted, this change would require the Federal 
circuit to hear every appeal from a final MSPB decision brought by OPM.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1495

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

     SECTION 1. MERIT SYSTEM JUDICIAL REVIEW.

       Section 7703 of title 5, United States Code, is amended--
       (1) in subsection (b)(1) by striking ``provision of law,'' 
     and inserting ``provision of law except subsection (d),''; 
     and
       (2) in subsection (d)--
       (A) in the first sentence, by inserting after ``filing'' 
     the following: ``, within 60 days after the date the Director 
     received notice of the final order or decision of the 
     board,''; and
       (B) by striking the last sentence.

     SEC. 2. EFFECTIVE DATE.

       The amendments made by section 1 shall take effect on the 
     date of enactment of this Act, and apply to any suit, action, 
     or other administrative or judicial proceeding pending on 
     such date or commenced on or after such date.
                                                                    ____


                      Section-by-Section Analysis

       Section 1 would eliminate the discretion of the Federal 
     Circuit to decide whether to hear OPM petitions for review. 
     Currently, OPM must file a petition with the Federal Circuit 
     and ask the Court to hear its appeal. This section requires 
     the Federal Circuit to hear every appeal from a final MSPB 
     decision brought by OPM.
       Section 2 would allow OPM 60 days, rather than the 30 days 
     under current law, to file a petition for review of an MSPB 
     final decision with the United States Court of Appeals for 
     the Federal Circuit. The time available for employees to 
     appeal would not be affected by this change.
                                 ______