Civil Service Reform Act

(Measure laid on table in House, S. 2640 passed in lieu)

Civil Service Reform Act - =Title I: Merit System Principles= - Enumerates the principles of the merit system in the Federal work force. Prohibits the taking of personnel actions to discriminate against a Federal employee on the basis of race, color, religion, sex, national origin, age, marital status, political affiliation, or handicapping condition. Prohibits, generally, taking or influencing personnel actions for political or other nonmerit reasons.

Provides for the protection of employees of the Federal Bureau of Investigation and applicants for employment who disclose to the Attorney General information believed to be evidence of prohibited personnel practices in the Bureau.

Sets forth the responsibilities of the General Accounting Office (GAO) including the submission of an annual report to the President and the Congress of the activities of the Merit Systems Protection Board (MSPB) and of the Office of Personnel Management (OPM).

Requires the Director of OPM to publish in the Federal Register a general notice of any proposed rule or regulation which affects any agency or its employees at least 60 days before its effective date.

=Title II: Civil Service Functions; Performance Appraisal; Adverse Actions= - Abolishes the Civil Service Commission. Establishes within the Executive Branch the Office of Personnel Management (OPM) to which the President is authorized to delegate authority for personnel management functions, and which, in turn, is authorized to delegate such authority to the heads of Federal agencies. Prohibits the Director of OPM from delegating open competitive examination authority, except in specified cases.

Establishes the Merit System Protection Board made up of three members appointed to seven-year terms who may be removed only for cause (as opposed to the present Civil Service Commissioners who serve at the will of the President). Grants to the Board the power to subpena witnesses and evidence.

Establishes a Special Counsel of the Merit Systems Protection Board, which shall be independent from the Board and which may be removed only by the President and only for good cause.

Empowers any member of the Board, the Special Counsel, certain administrative law judges and specified employees of the Board to subpena witnesses and evidence and order depositions and responses to written interrogatories. Allows an appropriate United States district court to issue an order requiring the appearance of any person to testify or produce evidence in the case of contumacy or failure to obey a subpena authorized pursuant to this Title.

Authorizes the Board to review any rule or regulation issued by the OPM. Allows the Director of OPM and the agency implementing such rule or regulation to participate in the review.

Requires the Board to conduct studies and report to the President and the Congress as to whether the public interest in a civil service free of prohibited personnel practices is being protected.

Authorizes the Special Counsel to investigate complaints concerning personnel practices which violate this Act and to issue a stay for a period of 30 days, which may be extended on any proposed personnel action against an employee, if such action is alledged to be a prohibited personnel practice and would have a substantial and adverse impact on the employee.

Allows the Special Counsel to protect the identity of any employee or applicant unless disclosure of the identity is necessary to carry out the investigation.

Directs the Special Counsel to transmit all intelligence and foreign intelligence information obtained through specified disclosures of information to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

Enumerates the powers and functions of the Board and Special Counsel. Requires investigations of any allegation concerning prohibited political activities including political intrusion in personnel decisionmaking, withholding of information (except withholding of foreign intelligence or counterintelligence information), and prohibited discrimination.

Authorizes the Board to discipline violators by requiring removal, demotion, suspension, a fine up to $1,000, or by issuing a reprimand or barring the violator from Federal employment for up to five years.

Establishes new procedures for the appraisal of the performance of employees covered by this Act. Includes within the definition of "unacceptable performance" a pattern of recurring discourtesy to the public.

Entitles any employee to 30 days' notice, a hearing attended by counsel, and a written decision if he is to be removed or have his grade reduced.

Permits specified adverse personnel actions to be appealed to the Board.

Sets forth cause and procedure for: (1) the suspension of an employee for 14 days or less; (2) removal, suspension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less of an employee; and (3) actions against administrative law judges.

Enumerates on appellate procedures for any action which is appealable to the Board and on judicial review of decisions of the Board. Requires appeals from Board decisions to be taken to the Court of Claims or the United States Court of Appeals. Requires such courts to sustain the Board's decision if supported by substantial evidence.

=Title III: Staffing= - Authorizes agencies to accept voluntary uncompensated service by a student who does not displace a Federal employee.

Allows the President to except certain positions from the competitive service. Requires the President to report to the Congress on the review of exceptions from the competitive service.

Authorizes agencies to make noncompetitive appointment of a disabled veteran with a 30 percent or more disability or who is enrolled in or has completed a course of job related training prescribed by the Veterans' Administration.

Authorizes probation periods for supervisors and managers in the competitive service. Provides for such supervisors and managers who do not satisfactorily complete the probationary period to be returned to a similar position occupied by such individual before appointment to the supervisor or manager position.

Authorizes training to prepare employees for placement in other agencies who would otherwise be separated from an agency.

Permits agencies to pay the travel and transportation expenses of new employees appointed to a position for which a manpower shortage exists.

Authorizes voluntary early retirement of employees who work in an agency undergoing a major reorganization, reduction in force, or transfer of function.

Provides for noncompetitive appointments for certain veterans of the Vietnam era.

Establishes a new system for notification of vacancies in the civil service including the listing of such vacancies with the United States Employment Service.

Provides for the reduction in pay of any former member of the uniformed services employed by the Federal Government in a civilian capacity whose combined retirement pension and annual rate of basic pay exceeds the compensation limit for level V of the Executive Schedule.

Directs the OPM to establish a minority recruitment program in the Federal service. Requires the Equal Employment Opportunity Commission to (1) establish guidelines to be used in implementing the program and (2) transmit to appropriate Executive agencies, OPM, and the Congress determinations of underrepresentation to be used initially in such program. Directs the OPM to submit annually to the Congress a report on specified activities and other data necessary for evaluation of such program, together with recommendations for administrative and legislative action.

Requires the OPM to prescribe regulations providing for work schedules under which all Federal employees can make up time missed for religious reasons by working overtime.

Sets a ceiling on the total number of Federal employees in the executive branch.

Authorizes the employment of reading assistants for blind employees and of interpreters for deaf employees.

Makes the provisions of this Title effective on October 1, 1980.

=Title IV: Senior Executive Service= - Establishes a Senior Executive Service which includes government managers classified above GS-15 and below Executive Level III who are not specified administrative law judges or Foreign Service Officers of equivalent rank, provided such managers supervise employees or are responsible for the success of programs. Sets forth provisions for the authorization of the Senior Executive Service positions, and appointments. Requires OPM to report to the Congress on the Service at the time the budget is submitted to the Congress by the President.

Directs the head of each agency to establish: (1) qualification standards for each Senior Executive Service position in the agency; (2) a recruitment program; and (3) Executive Resources Boards to review and recommend candidates. Requires the OPM to establish qualification review boards which shall prescribe criteria for managerial qualifications and certify such qualifications of candidates for entry as career appointees into the Service. Stipulates that such appointment provisions be in accordance with regulations established by the OPM.

Permits the transfer and reassignment of a career Senior Executive to any Government agency. Requires advance written notice of reassignment to other Senior Executive Service positions or reduction in pay. Permits transfers only if the career employee consents to the transfer and it is for the purpose of promotion.

Makes it the duty of the OPM to establish, and to assist agencies in establishing, programs for the systematic and continuing development of Senior Executives. Authorizes agencies to grant such persons a sabbatical period of up to 11 months to be taken not more than once in any ten-year period to study or engage in uncompensated work experience. Authorizes the removal of Career Executives for any reason during the first year of appointment as a Senior Executives and for less than fully successful managerial performance or misconduct anytime thereafter. Prohibits involuntary reassignment of career appointees during the 120 days after an appointment of a new agency head or noncareer supervisor. Grants persons removed for reasons other than misconduct to be appointed to a Federal position outside the Service.

Provides for the periodic appraisal of Senior Executives.

Authorizes the OPM to name no more than five percent of active duty members of the Service to the rank of Meritorious Executive and not more than one percent of such persons to the rank of Distinguished Executive. Entitles persons receiving the Meritorious rank to a five-year stipend of $2,500 per year and persons receving the Distinguished rank to a five year stipend of $5,000 per year in addition to their normal salary.

Provides for the establishment and adjustment of rates of pay for the Service; the lowest rate shall not be less than the pay for GS-16 of the General Schedule and the highest rate shall not exceed the rate for level IV of the Executive Schedule. Authorizes each agency to pay a lump-sum performance award to not more than half of all Senior Executives employed by such agency of an amout not exceeding 20 percent of such Executive's annual salary.

Permits employing agencies to pay travel expenses of candidates for the Service incurred incident to specified pre-employment interviews.

Prescribes the procedure for disciplinary actions for appointees of the Service. Entitles appointees against whom a disciplinary action is proposed to advance notice, a reasonable time to reply, representation, and a written decision by the agency. Makes disciplinary actions appealable to the Merit System Protection Board. Provides for retirement at a reduced annuity for appointees removed from the Service for less than fully successful managerial performance after completing 25 years of service or after reaching age 50 and completing 20 years of service.

Entitles persons serving presently in positions to be designated as Senior Executive Service positions when this Act becomes effective to choose to convert to a Senior Executive Service appointment or remain in such position under the current pay system. Provides for the conversion of employees serving under career and career conditional and noncareer appointments or similar types of appointment in an excepted service position into appropriate positions in the Service.

Repeals the provisions of law relating to the special authority of agencies to (1) appoint individuals to positions at GS-16, GS-17, and GS-18 of the General Schedule, and (2) establish scientific and professional positions outside of the General Schedule.

Authorizes the Director of OPM to establish and revise (1) the total number of positions, not to exceed 10,920, which may be placed in the supergrades or the Service and (2) the maximum number of scientific and professional positions, not to exceed 525.

=Title V: Merit Pay= - Requires the OPM to establish a merit pay system applicable to all managerial or supervisory persons related at grades GS-13 through GS-15. Limits the pay for such grades to the minimum and maximum rates for each such grade.

Allows the head of each agency to provide for increases within the range of basic pay for employees covered by the merit pay system. States that the award of such merit pay raises may be made on the basis of individual as well as organizational performance including any significant reduction in paperwork. Preserves the benefit of advancement through the range of basic pay for employees who are covered by the merit pay system and whose service is interrupted for the armed forces or other essential civilian employment during a period of war or national emergency.

Authorizes agency heads and the President to make cash awards to such employees of up to $25,000 for contributions to the efficiency of Government Operations.

Directs the OPM to report to the appropriate committees of each House of Congress before January 2, 1982, on the operation of the merit pay system.

=Title VI: Research, Demonstration, and Other Programs= - Requires the OPM to establish and maintain research and development projects concerning Federal personnel management. Authorizes the OPM to conduct and evaluate demonstration projects relating to personnel management issues such as recruitment, promotion, and employee discipline pursuant to a plan which is agreeable to the agency involved in such project. Requires such plan to be published in the Federal Register and submitted to a public hearing. Limits the size of such demonstration project to the involvement of not more than 5,000 individuals. Limits the number of such projects to not more than ten at any time and the life of such projects to not more than five years.

Amends the Intergovernmental Personnel Act of 1970 (IPA) to authorize Federal agencies to require State and local governments, as a condition of participation in Federal assistance programs, to have systems of personnel administration consistent with personnel standards prescribed by the OPM.

Extends eligibility to participate in IPA mobility programs to specified "other organizations", commissioned Public Health Service officers, the Trust Territories of the Pacific Islands, and specified Federal agencies such as a court of the United States, the Library of Congress, and other agencies of the legislative and judicial branches. Defines "other organization" for purposes of this Act.

Includes the Commonwealth of Puerto Rico, Guam, American Samoa, and the Virgin Islands in the formula allocation of IPA grants and excludes such jurisdictions from local government allocation.

Excludes from participation in the mobility program, certain appointees in the Senior Executive Service and employees in excepted service positions which are confidential, policy-determining, or policy-advocating in character.

Allows each agency to establish a flexible scheduling or compressed work schedule experimental program covering a sufficient number of positions and work time alternatives on which to base an evaluation of the effectiveness of such program.

Requires the OPM to render educational and technical assistance to agencies for such programs. Requires the OPM to establish a master plan to study and evaluate experiments conducted under this Act.

Sets forth the procedure whereby an agency head may seek an exemption from the requirements of this Act.

Requires that the experimental testing of flexible work schedules include designated periods of required presence of employees and designated periods during which employees may choose arrival and departure times or accumulation of credit hours.

Permits an agency head, upon a determination that the agency's functions are being handicapped or its costs are increasing, to restrict choice of arrival and departure time or credit hours, or to exclude any employees.

Prescribes the method of computation of overtime under such a schedule, granting employees a choice of compensatory time in lieu of overtime. Limits premium pay for night-work under such a schedule. Requires payment to employees prevented from working on holidays because of such schedule.

Permits use of time clocks under such experiments.

Prohibits carryover of more than ten credit hours from one biweekly period to the next.

Permits agencies to conduct experiments with four-day workweeks or other compressed schedules.

Stipulates that an employee in a unit not represented by an employee organization having exclusive recognition, will not be required to participate in any program under this Act unless the majority of employees in such unit have voted to so participate.

Requires an agency, upon finding that participation in such a program would impose a personal hardship on an employee who has requested exemption from such program, to either except or reassign such employee.

Exempts the hours of compressed schedules from the provisions of the Fair Labor Standards Act relating to premium pay for overtime work. Allows overtime pay for hours worked in excess of the hours of such compressed schedules.

Includes employees in labor organizations in experiments under this Act only to the extent provided in an agreement between such organizations and the agencies involved.

Prohibits threats or coercion by fellow employees against employees regarding the choice of work hours and credit hours.

Requires an interim and a final report by the OPM to the Congress on results of and recommendations relating to the experiments conducted under this Act.

=Title VII: Federal Service Labor-Management Relations= - Establishes the Federal Labor Relations Authority which, along with its General Counsel, shall be responsible for the establishment of policies and regulation and the administration of labor-management relations in the Federal Government.

Authorizes the General Counsel to investigate alleged violations, file and prosecute complaints, intervene before the Authority in proceedings concerning unfair labor practices, and exercise such other powers as the Authority may prescribe.

Sets forth the right and duties of agencies and labor organization. Lists actions by agencies and by labor organizations which constitute "unfair labor practices", including failure to cooperate in impasse procedures and impasse decisions and failure to prevent or stop a strike, work stoppage, or slowdown.

Directs the Federal Mediation and Conciliation Service to provide services and assistance to agencies and exclusive representatives in the resolution of negotiation impasses. Requires the Federal Service Impasse Panel, an entity within the Authority, to investigate any negotiation impasse presented to it after voluntary arrangements, including the services of the Federal Mediation and Conciliation Service, fail. Authorizes the Panel to recommend procedures for resolution of an impasse and assist in the resolution, or, if the parties do not arrive at a settlement, to hold hearings and take whatever action is necessary to resolve the impasse.

Sets forth the standards of conduct for labor organizations.

Requires that an agreement between an agency and a labor organization provide a grievance procedure negotiated by the parties to such agreement. Allows any party to a collective bargaining agreement aggrieved by the failure, neglect, or refusal of the other party to proceed to arbitration pursuant to the negotiated grievance procedure provided in the agreement to file a petition in the appropriate United States district court. Requires the court to hear the matter without jury, expedite the hearing to the maximum extent practicable, and issue any order it determines appropriate. Excludes from the coverage of such negotiated grievance procedures in matters concerning prohibited political activities, retirement, life insurance, health insurance, or national security. Allows an aggrieved employee to request the Equal Employment Opportunity Commission to review a final decision under the grievance procedure under specified circumstances.

Sets forth the procedures under which a party may obtain review by the Authority of an arbitrator's award.

Provides for: judicial review of certain final orders of the Authority by the circuit courts of appeal; enforcement of orders of the Authority by the same courts; and injunctive relief in appropriate cases.

Makes the provisions of Labor Management Reporting and Disclosure Act of 1959 applicable to labor organizations which have been or are seeking to be certified as exclusive representatives and to an organization's officers, agents, shop stewards, other representatives, and members to the extent to which such provisions would be applicable. Directs the Secretary of Labor to prescribe regulations, with written concurrence of the Authority, providing for simplified reports on standards of conduct for any such labor organization. Authorizes the Secretary to revoke such provisions after investigation and after reasonable notice and opportunity for a hearing.

Empowers the Authority, the General Counsel, or its designee, the Panel, and certain administrative law judges (referred to as the "issuer") to have access to and copy any evidence relating to an investigation or hearing and to issue subpenas requiring testimony and production and examination of relevant evidence.

Directs the Authority, the Panel, and the Federal Mediation and Conciliation Service each to prescribe rules and regulation applicable to them.

States that policies, regulations, and procedures established pursuant to specified Executive Orders shall remain in full force and effect until revised or revoked by the President or superseded by specific provisions, regulations, or decisions issued pursuant to this Act.

Amends the Back Pay Act of 1966 to entitle an employee found by appropriate authority to have suffered a disciplinary or corrective measure from an unjustified or unwarranted action, to all or part of back pay, allowances, differentials, reasonable attorney fees and costs of litigation, or other monetary or employment benefits which would not have occurred but for the unjustified or unwarranted action.

Grants employees, individually or collectively, the right to petition Congress or a Member of Congress or to furnish information to either House of Congress, committee, or Member.

Provides for the effective dates of specified provisions of this Act.

Excludes from the provisions of this Title: (1) members of the uniformed services, supervisors or management officials, or officers and employees of the Foreign Service of the United States; and (2) the General Accounting Office, the Federal Bureau of Investigation, the Central Intelligence Agency, the National Security Agency, the Tennessee Valley Authority, the Federal Labor Relations Authority, and the Federal Service Impasse Panel.

=Title VIII: Grade and Pay Retention= - Makes provisions for grade retention following a change of position or position reclassification; pay retention; remedial action for employees receiving benefits of grade and pay retention; and appeals in the case of the termination of any such benefits. Lists actions which are not appealable. Provides for retroactive application of the grade and pay retention benefits.

=Title IX: Miscellaneous= - Requires the OPM to submit to the President and the Congress a report of the study on the decentralization of governmental functions required by this Act.

Provides that all Executive orders, rules, and regulations affecting the Federal service shall continue in effect until modified, terminated, or superceded by this Act or other legislation; that administrative proceedings pending and any lawsuit in progress at the time of the effective date of this Act shall be preserved; and that the powers of the President shall be unaffected except by express provisions.

Requires that civil service or OPM security investigation report be maintained.

Authorizes the appropriation from moneys in the Treasury not otherwise appropriated, of such sums as may be necessary to carry out the provisions of this Act.

Makes the provisions of this Act, unless otherwise provided, effective 90 days after the date of enactment.