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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Merit Systems Protec-
tion Board Empowerment Act of 2020’’. 
SEC. 2. REAUTHORIZATION OF MERIT SYSTEMS PROTEC-
TION BOARD. 
Section 8(a)(1) of the Whistleblower Protection Act 
of 1989 (5 U.S.C. 5509 note) is amended by striking 
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‘‘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 informa-
tion concerning applicants for Federal employ-
ment.’’. 
SEC. 4. WHISTLEBLOWER TRAINING FOR MSPB ADMINIS-
TRATIVE 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 em-
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ployee 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 prac-
tice 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 Man-
agement.’’. 
Æ 
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