Bill Summary
This bill, called the "Merit Systems Protection Board Empowerment Act of 2021," aims to reauthorize the powers of the Merit Systems Protection Board (MSPB) and make other changes related to federal employee surveys, whistleblower protections, and training for MSPB administrative judges. The bill specifies that the MSPB's authority will be extended through 2026 and that the Office of Personnel Management and other agencies must provide assistance to the board and share relevant information. Additionally, the bill requires that MSPB administrative judges receive training on whistleblower protections before hearing cases related to prohibited personnel practices.
Possible Impacts
1. The Merit Systems Protection Board Empowerment Act of 2021 could affect federal employees by providing them with more protections and resources to address workplace issues and whistleblowing. This could lead to a more positive work environment for these employees.
2. The reauthorization of the Merit Systems Protection Board could also impact the federal budget, as it would allocate funds for surveys and training for employees, potentially affecting how taxpayer money is being used.
3. The Whistleblower Training for MSPB Administrative Judges could affect the outcome of cases involving prohibited personnel practices, as judges and employees who have completed the required training may have a better understanding of the Whistleblower Protection Act and its protections for federal employees. This could lead to fairer decisions for federal employees who have experienced retaliation for whistleblowing.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1224 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1224
To reauthorize the authority of the Merit Systems Protection Board, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 23, 2021
Mr. Connolly (for himself, Mr. Lynch, Ms. Porter, Mr. Danny K. Davis of
Illinois, Ms. Norton, Mr. Sarbanes, and Mr. Khanna) 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 2021''.
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 ``2022, 2023, 2024, 2025, and 2026''.
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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