Comments on Proposed Regulations Which Would Implement the Backpay Act

A review was made of proposed regulations which would implement the Back Pay Act, as amended by the Civil Service Reform Act of 1978. One significant change in the regulations would result in the burden of proof lying with the employing agency rather than the employee in cases where compensation was denied, withdrawn, or reduced due to an unjustified or unwarranted personnel action. GAO has no objection to this change. The other significant change would provide for the payment of reasonable attorney fees in connection with the award of backpay. GAO believes that the provision should be clarified to indicate that such a request may be filed only with the same authority that corrected the unjustified or unwarranted personnel action. Other suggestions were made concerning terminology and typographical errors.