Statement of Administration Policy: H.R. 3875 - Civil Service Due Process Amendments

(House)
(Schroeder (D) Colorado and two others)

The Administration opposes enactment of H.R. 3875, and if it were presented to the President in its present form, the President's senior advisers would recommend that it be vetoed. Accordingly, the Administration urges that H.R. 3875 not be considered under suspension of the rules and that it be amended as follows:

— Delete section 2 of the bill, which would extend appeal rights to non-veteran employees in the excepted service. Such employees should not enjoy the same procedural and appellate rights as employees in the competitive service;

— Amend section 3, which would provide interim relief to employees who prevail in an appeal of an adverse personnel action at the regional level, to provide essential flexibility to agencies to retain or restore an employee, as appropriate, in a comparable grade, pay, or location; and

— Delete section 6, which would substitute the Merit Systems Protection Board for the employing agency as the respondent in certain appeals cases, thereby seriously undermining the litigating authority of the Attorney General. It is inappropriate for the Board, a quasi-judicial body, to participate in defending its decisions.