I 115th CONGRESS 2d Session H. R. 5355 IN THE HOUSE OF REPRESENTATIVES March 20, 2018 Ms. Norton (for herself, Mr. Carson of Indiana , and Mr. Wittman ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 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.

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) An employee or applicant for employment appealing an action arising from a determination of ineligibility for a sensitive position may not be denied Board review of the merits of such determination if— (A) the position is not one that requires a security clearance or access to classified information; and (B) such action is otherwise appealable. (2) For purposes of this subsection, the term sensitive position means any position so designated pursuant to Executive Order 10450 ( 5 U.S.C. 7311 note) or, if superseded, a successor Executive order. . 2. Effective date The amendments made by this Act shall apply to all appeals, without exception, that are pending on, or commenced on or after, the date of the enactment of this Act.