[Congressional Record Volume 162, Number 18 (Monday, February 1, 2016)]
[Extensions of Remarks]
[Pages E81-E82]
INTRODUCTION OF A BILL TO CLARIFY CERTAIN DUE PROCESS RIGHTS OF FEDERAL
EMPLOYEES SERVING IN SENSITIVE POSITIONS
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HON. ELEANOR HOLMES NORTON
of the district of columbia
in the house of representatives
Monday, February 1, 2016
Ms. NORTON. Mr. Speaker, today, as hundreds of thousands of our
federal workers face
[[Page E82]]
uncertainty in wages and work, I rise along with my House colleague
Robert J. Wittman to introduce a bill to clarify certain due process
rights of federal employees serving in sensitive positions. Our bill
would overturn an unprecedented federal court decision, Kaplan v.
Conyers and MSPB, which stripped many federal employees of the right to
independent review of an agency decision removing them from a job on
grounds of ineligibility. The case was brought by two Department of
Defense (DOD) employees, Rhonda Conyers, an accounting technician, and
Devon Northover, a commissary management specialist, who were
permanently demoted and suspended from their jobs after they were found
to no longer be eligible to serve in noncritical sensitive positions.
In 2014, the Supreme Court declined to hear the case, which allowed the
appeals court decision to stand.
Specifically, the decision prevents federal workers who are
designated as ``noncritical sensitive'' from appealing to the Merit
Systems Protection Board (MSPB) if they are removed from their jobs.
Noncritical sensitive jobs include those that do not have access to
classified information. The decision would affect at least 200,000 DOD
employees who are designated as noncritical sensitive. Even more
seriously, most federal employees could potentially lose the same right
to an independent review of an agency's decision because of a rule by
the Office of Personnel Management (OPM) and the Office of the Director
of National Intelligence (ODNI), which went into effect in July 2015,
that permits agency heads to designate most jobs in the federal
government as noncritical sensitive.
The Kaplan decision undercuts Title 5, section 7701 of the Civil
Service Act, which ensures due process rights for federal workers
required by the U.S. Constitution. Stripping employees whose work does
not involve classified matters of the right of review of an agency
decision that removes them from their jobs opens entirely new avenues
for unreviewable, arbitrary action or retaliation by an agency head
and, in addition, makes a mockery of whistleblower protections enacted
in the 112th Congress. My bill would stop the use of ``national
security'' to repeal a vital component of civil service protection and
of due process.
I urge my colleagues to support this bill.
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