Merit Systems Protection Board Empowerment Act of 2020

#7864 | HR Congress #116

Last Action: Referred to the House Committee on Oversight and Reform. (7/30/2020)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary



The Merit Systems Protection Board Empowerment Act of 2020 is a bill that is being proposed in the United States to reauthorize the authority of the Merit Systems Protection Board (MSPB) and make changes to their responsibilities. The MSPB is responsible for protecting the rights of federal employees and ensuring that they are treated fairly.

Section 2 of the bill specifically focuses on reauthorizing the MSPB, which means giving them the legal authority to continue their work. This section states that the Whistleblower Protection Act of 1989 (which gives legal protection to federal employees who report wrongdoing) will be extended until 2025.

Section 3 of the bill authorizes the MSPB to conduct surveys of federal employees to gather information and make recommendations for improving the merit system. The Office of Personnel Management and other agencies are also required to assist the MSPB and provide them with any necessary information.

Section 4 of the bill requires that any cases involving whistleblowing (reporting of wrongdoing) be heard by a designated employee of the MSPB who has completed training on the Whistleblower Protection Act. This ensures that these cases are handled properly and fairly.

Overall, this legislation aims to empower the MSPB to continue their important work of protecting the rights of federal employees and improving the merit system.

Possible Impacts



1. This legislation could affect people who are federal employees, as it reauthorizes the authority of the Merit Systems Protection Board which oversees the rights and protections of federal employees. This could impact their job security and legal rights.

2. This legislation could affect people who are whistleblowers, as it includes provisions for training of administrative judges to handle cases involving alleged prohibited personnel practices. This could impact the rights and protections afforded to whistleblowers.

3. This legislation could also affect people who are applying for federal employment, as it allows the Board to conduct surveys of employees and request records and information regarding applicants. This could impact the hiring process and potential access to personal information.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7864 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7864

To reauthorize the authority of the Merit Systems Protection Board, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2020

  Mr. Connolly (for himself and Mrs. Carolyn B. Maloney of New York) 
 introduced the following bill; which was referred to the Committee on 
                          Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
To reauthorize 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.

    This Act may be cited as the ``Merit Systems Protection Board 
Empowerment Act of 2020''.

SEC. 2. REAUTHORIZATION OF MERIT SYSTEMS PROTECTION BOARD.

    Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5 
U.S.C. 5509 note) is amended by striking ``2003, 2004, 2005, 2006, and 
2007'' and inserting ``2021, 2022, 2023, 2024, and 2025''.

SEC. 3. AUTHORIZATION OF FEDERAL EMPLOYEE SURVEYS FOR MERIT SYSTEMS 
              STUDIES.

    Section 1204(e)(3) of title 5, United States Code, is amended by--
            (1) striking ``(3) In carrying'' and inserting ``(3)(A) In 
        carrying''; and
            (2) adding at the end the following:
    ``(B) The Office of Personnel Management and other agencies shall--
            ``(i) provide assistance to the Board to facilitate the 
        conduct by the Board of surveys of employees; and
            ``(ii) upon request, unless otherwise prohibited by law, 
        provide to the Board records and information concerning 
        applicants for Federal employment.''.

SEC. 4. WHISTLEBLOWER TRAINING FOR MSPB ADMINISTRATIVE JUDGES.

    Section 7701(b)(1) of title 5, United States Code, is amended to 
read as follows:
            ``(1)(A) The Board may hear any case appealed to it or may 
        refer the case to an administrative law judge appointed under 
        section 3105 or other employee of the Board designated by the 
        Board to hear such cases, except that any case involving--
                    ``(i) a removal from the service shall be heard by 
                the Board, an employee experienced in hearing appeals, 
                or an administrative law judge; and
                    ``(ii) an alleged prohibited personnel practice in 
                violation of section 2302(b)(8), section 
                2302(b)(9)(A)(i), (B), (C), or (D), or section 
                2302(b)(13) shall be heard by the Board or an 
                administrative law judge or other employee of the Board 
                designated by the Board to hear such cases who has 
                successfully completed training regarding protections 
                afforded by the Whistleblower Protection Act of 1989.
            ``(B) The Board, administrative law judge, or other 
        employee (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. A copy of the decision shall be 
        furnished to each party to the appeal and to the Office of 
        Personnel Management.''.
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