109th Congress

Federal Employees With Disabilities Protection Act

H.R. 1480

Background

The ability of the Federal Government to subject its employees to public-private competitions has been in place for decades. Office of Management and Budget Circular A-76, revised in May 2003, outlines the procedures for competitions for positions determined to be "commercial." In 2001, the President placed greater emphasis on competitive sourcing, including it as a part of his management agenda.

H.R. 1480 was first introduced by Representative Chris Van Hollen, Jr. (D-MD) in the 108th Congress in response to a case at the National Naval Medical Center in Bethesda, MD, where disabled kitchen and cafeteria staff were slated to undergo a public-private competition. After congressional and media attention, the Medical Center postponed the competition.

Provisions of the Legislation/Impact on NIH

H.R. 1480 would prohibit agencies from firing Federal employees with significant physical or developmental disabilities who were part of a Federal in-house team that lost a competition. However, the prohibition would not apply to positions being moved to equivalent jobs at qualified nonprofit agencies that work on behalf of the disabled.

Status and Outlook

H.R. 1480 was introduced by Representative Van Hollen on April 5, 2005, and was referred to the House Committee on Government Reform. No further action has occurred on this legislation.