,,ii #aacth ,,congress #ast ,session ,s4 #ahji ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ab 7legislative day1 ,december #aa71 #bjac,mr4 ,tester 7for himself1 ,mr4 ,grassley1 and ,mrs4 ,mc,caskill7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend chapter #gg of title #e1 ,united ,states ,code1 to clarify certain due process rights of ,federal employees serving in sensitive positions1 and for other purposes4 #a4 ,amendments ,section #ggja of title #e1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7k7 as subsection 7l72 and 7#b7 by inserting after subsection 7j7 the following3 7k7 7#a7 ,the ,board has authority to review on the merits an appeal by an employee or applicant for employment of an action arising from a determination that the employee or applicant for employment is ineligible for a sensitive position if-- 7,a7 the sensitive position does not require a security clearance or access to classified information2 and 7,b7 such action is otherwise appealable4 7#b7 ,in this subsection1 the term sensitive position means a position designated as a sensitive position under ,executive ,order #ajdej 7#e ,u4,s4,c4 #gcaa note71 or any successor thereto4 4 #b4 ,effective date ,the amendments made by this ,act shall apply to any appeal that is pending on1 or commenced on or after1 the date of enactment of this ,act4