I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Merit Systems Protec5 tion Board Empowerment Act of 2020’’. 

6 SEC. 2. REAUTHORIZATION OF MERIT SYSTEMS PROTEC7 TION BOARD. 

8 Section 8(a)(1) of the Whistleblower Protection Act 

9 of 1989 (5 U.S.C. 5509 note) is amended by striking 


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1 ‘‘2003, 2004, 2005, 2006, and 2007’’ and inserting 

2 ‘‘2021, 2022, 2023, 2024, and 2025’’. 

3 SEC. 3. AUTHORIZATION OF FEDERAL EMPLOYEE SURVEYS 

4 FOR MERIT SYSTEMS STUDIES. 

5 Section 1204(e)(3) of title 5, United States Code, is 

6 amended by— 

7 (1) striking ‘‘(3) In carrying’’ and inserting 

8 ‘‘(3)(A) In carrying’’; and 

9 (2) adding at the end the following: 

10 ‘‘(B) The Office of Personnel Management and other 

11 agencies shall— 

12 ‘‘(i) provide assistance to the Board to facilitate 

13 the conduct by the Board of surveys of employees; 

14 and 

15 ‘‘(ii) upon request, unless otherwise prohibited 

16 by law, provide to the Board records and informa17 tion concerning applicants for Federal employ18 ment.’’. 

19 SEC. 4. WHISTLEBLOWER TRAINING FOR MSPB ADMINIS20 TRATIVE JUDGES. 

21 Section 7701(b)(1) of title 5, United States Code, is 

22 amended to read as follows: 

23 ‘‘(1)(A) The Board may hear any case appealed 

24 to it or may refer the case to an administrative law 

25 judge appointed under section 3105 or other emVerDate Sep 11 2014 23:36 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7864.IH H7864

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1 ployee of the Board designated by the Board to hear 

2 such cases, except that any case involving— 

3 ‘‘(i) a removal from the service shall be 

4 heard by the Board, an employee experienced in 

5 hearing appeals, or an administrative law judge; 

6 and 

7 ‘‘(ii) an alleged prohibited personnel prac8 tice in violation of section 2302(b)(8), section 

9 2302(b)(9)(A)(i), (B), (C), or (D), or section 

10 2302(b)(13) shall be heard by the Board or an 

11 administrative law judge or other employee of 

12 the Board designated by the Board to hear 

13 such cases who has successfully completed 

14 training regarding protections afforded by the 

15 Whistleblower Protection Act of 1989. 

16 ‘‘(B) The Board, administrative law judge, or 

17 other employee (as the case may be) shall make a 

18 decision after receipt of the written representations 

19 of the parties to the appeal and after opportunity for 

20 a hearing under subsection (a)(1) of this section. A 

21 copy of the decision shall be furnished to each party 

22 to the appeal and to the Office of Personnel Man23 agement.’’. 

Æ 


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