[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1922 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1922
To reauthorize and modify the authority of the Merit Systems Protection
Board, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2021
Mr. Hice of Georgia (for himself, Mr. Comer, Mr. Sessions, Mr.
LaTurner, Mr. C. Scott Franklin of Florida, and Mr. Clyde) introduced
the following bill; which was referred to the Committee on Oversight
and Reform, and in addition to the Committee on Veterans' Affairs, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To reauthorize and modify the authority of the Merit Systems Protection
Board, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Merit Systems
Protection Board Reauthorization Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reauthorize appropriations for Merit Systems Protection Board.
Sec. 3. Filing fee for Merit Systems Protection Board claims and
appeals.
Sec. 4. Modification to procedures and authority of the Merit Systems
Protection Board.
Sec. 5. Limitation on furlough appeals to the Merit Systems Protection
Board.
Sec. 6. Reappointment of Merit Systems Protection Board members.
Sec. 7. Amendments to Department of Veterans Affairs Accountability and
Whistleblower Protection Act of 2017.
SEC. 2. REAUTHORIZE APPROPRIATIONS FOR MERIT SYSTEMS PROTECTION BOARD.
(a) In General.--Paragraph (1) of section 8(a) of the Whistleblower
Protection Act of 1989 (Public Law 101-12; 5 U.S.C. 5509 note) is
amended to read as follows:
``(1) for each of fiscal years 2022, 2023, 2024, 2025, and
2026--
``(A) $44,490,000 to carry out subchapter I of
chapter 12 of title 5, United States Code (as amended
by this Act); and
``(B) not to exceed $2,345,000, to be transferred
from the Civil Service Retirement and Disability Fund
in amounts determined by the Merit Systems Protection
Board, for administrative expenses to adjudicate
retirement appeals; and''.
(b) Effective Date.--This section shall take effect on October 1,
2021.
SEC. 3. FILING FEE FOR MERIT SYSTEMS PROTECTION BOARD CLAIMS AND
APPEALS.
(a) In General.--Section 1204 of title 5, United States Code, is
amended by adding at the end the following:
``(o)(1) The Board shall establish and collect a filing fee to be
paid by any individual filing a claim or appeal with the Board under
this title, or under any other law, rule, or regulation, consistent
with the requirements of this subsection.
``(2) The filing fee established under paragraph (1) may--
``(A) not exceed the amount that is 50 percent of the fee
required for filing a civil action in a United States district
court;
``(B) be adjusted from time to time as the Board considers
appropriate; and
``(C) upon request of the individual filing the claim or
appeal, be waived by the Board if the Board determines the fee
would create undue hardship.
``(3) A filing fee shall not be required with respect to any
action--
``(A) brought by the Special Counsel under section 1214,
1215, or 1216; or
``(B) taken against an administrative law judge under
section 7521.
``(4) A filing fee paid by an individual for an appeal or claim
before the Board shall cover any subsequent filing by the individual
with the Board during the litigation of that appeal or claim. Such fee
shall be returned to the individual if the individual is the prevailing
party.''.
(b) Deadline.--The Merit Systems Protection Board shall establish
and collect the filing fee required under subsection (o) of section
1204 of title 5, United States Code, as added by subsection (a), not
later than 1 year after the date of the enactment of this Act.
(c) Application.--The fee required under such subsection (o) shall
apply to any claim or appeal filed with the Merit Systems Protection
Board after the date the fee is established pursuant to subsection (b).
SEC. 4. MODIFICATION TO PROCEDURES AND AUTHORITY OF THE MERIT SYSTEMS
PROTECTION BOARD.
(a) Summary Judgment.--Section 7701 of title 5, United States Code,
is amended--
(1) in subsection (a)(1), by inserting ``, except as
provided in subsection (b)'' after ``kept''; and
(2) in subsection (b)(1)--
(A) by striking ``The Board may'' and inserting
``(A) The Board may'';
(B) by striking the second and third sentences; and
(C) by adding at the end the following:
``(B) The Board, an administrative law judge appointed by the Board
under section 3105, and any officer or employee of the Board designated
by the Board (as the case may be) shall make a decision after receipt
of the written representations of the parties to the appeal and after
opportunity for a hearing under subsection (a)(1) of this section,
except as provided under subparagraph (C).
``(C) The Board, an administrative law judge appointed by the Board
under section 3105, and any officer or employee of the Board designated
by the Board (as the case may be) may, with respect to any party, grant
a motion for summary judgment. Any hearing under subsection (a)(1) of
this section shall be limited to the issues remaining in the case, or,
if applicable, a decision may be issued without holding a hearing.
``(D) A copy of the decision under subparagraph (B) or (C) shall be
furnished to each party to the appeal and to the Office of Personnel
Management.''.
(b) Limit on Mitigation.--Paragraph (3) of section 7701(b) of title
5, United States Code, is amended to read as follows:
``(3) With respect to an appeal from a performance or conduct-based
adverse action under subchapter II or V of chapter 75, the Board may
not mitigate the personnel action involved unless the action is so
disproportionate as to be wholly without justification.''.
(c) Evidentiary Burden.--Paragraph (1) of section 7701(c) of title
5, United States Code, is amended to read as follows:
``(1) Subject to paragraph (2), the decision of the agency shall be
sustained under subsection (b) only if the agency's decision is
supported by substantial evidence.''.
(d) Effective Date; Application.--
(1) Effective date.--The amendments made by this section
shall take effect on the date that is 90 days after the date of
the enactment of this Act.
(2) Application.--The amendments made by this section shall
apply with respect to any appeal filed under section 7701 of
title 5, United States Code, on or after the effective date in
paragraph (1).
SEC. 5. LIMITATION ON FURLOUGH APPEALS TO THE MERIT SYSTEMS PROTECTION
BOARD.
(a) In General.--Section 3595a of title 5, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) For the purposes of this section--
``(1) the term `furlough' means the placement of a senior
executive in a temporary status in which the senior executive
has no duties and is not paid when the placement in such status
is by reason of insufficient work or funds or for other
nondisciplinary reasons; and
``(2) the term `emergency furlough' has the meaning given
that term in section 7501(3).'';
(2) in subsection (b), by adding after the period at the
end the following: ``Such regulations shall provide for
procedures for emergency furloughs for career appointees,
consistent with the procedures promulgated by the Office under
section 7504(b).''; and
(3) by striking subsection (c) and inserting the following:
``(c) A career appointee who is furloughed in excess of 14 days is
entitled to appeal to the Merit Systems Protection Board under section
7701. The previous sentence shall not apply to any emergency
furlough.''.
(b) Application.--The amendments made by subsection (a) shall apply
to any furlough occurring on or after the date that is 90 days after
the date of the enactment of this Act.
SEC. 6. REAPPOINTMENT OF MERIT SYSTEMS PROTECTION BOARD MEMBERS.
Subsection (c) of section 1202 of title 5, United States Code, is
amended--
(1) by striking ``may not be reappointed to any following
term but''; and
(2) by inserting before the period at the end the
following: ``, unless the member is reappointed''.
SEC. 7. AMENDMENTS TO DEPARTMENT OF VETERANS AFFAIRS ACCOUNTABILITY AND
WHISTLEBLOWER PROTECTION ACT OF 2017.
(a) In General.--Section 714 of title 38, United States Code, is
amended--
(1) in subsection (c)(4)(A), by striking ``, which shall
refer such appeal to an administrative judge pursuant to
section 7701(b)(1) of title 5''; and
(2) in subsection (d)--
(A) by striking ``the administrative judge'' in
each place it appears and inserting ``the Merit Systems
Protection Board'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (4) through (10) as
paragraphs (3) through (9), respectively; and
(D) in paragraph (4), as redesignated by
subparagraph (C), by striking ``paragraph (3)'' and
inserting ``paragraph (1)''.
(b) Application.--The amendments made by subsection (a) shall apply
to any appeal made under section 714(c)(4)(A) of title 38, United
States Code, after the date of the enactment of this Act.
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