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FPCD-81-28 1 (1981-04-07)

handle is hein.gao/gaobabbth0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 B-202438 APRIL 7, 1981 The Honorable William V. Roth, Jr. Chairman, Committee on Governmental Affairs United States Senate The Honorable William D. Ford Chairman, Committee on Post Office and Civil Service House of Representatives Subject: Gederal Employees Excluded From Certain Provisions of Je Civil Service Reform Act of 197 (FPCD-81-28) 114841 Section 2302 of title 5, United States Code, added by section 101 of the Civil Service Reform Act of 1978 (Public Law 95-454) protects most Government employees from specified prohibited personnel practices, such as discrimination, polit- ical coercion, and reprisals. This protection does not apply to employees in (1) Government corporations, (2) the Federal Bureau of Investigation and agencies which conduct foreign intelligence or counterintelligence, or (3) the General Accounting Office. However, employees in some of these agencies are well protected under other provisions of law. According to the Merit Systems Protection Board's Office of the Special Counsel, there have been many compiaints or personnel abuse within Government corporations whose employees are not as well protected. In our opinion, em- ployees in Government corporations covered by other parts of the Reform Act and other civil service laws and regulations should also be covered by the provisions in section 2302. While the heads of Federal agencies are responsible for preventing personnel abuses, the Office of the Special Counsel was given the responsibility for investigating and prosecuting violations of section 2302. In addition, Federal employees are entitled to certain protections against violations of this sec- tion. For example, the Special Counsel may request the Merit Systems Protection Board to stay any personnel action if the Counsel believes that the action was taken or is to be taken as a result of a violation of section 2302. This protection applies to employees of most Government agencies. ) 1cI (964167)

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