I 
115TH CONGRESS 
2D SESSION 
H. R. 6391 
To reauthorize and modify the authority of the Merit Systems Protection 
Board, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 16, 2018 
Mr. JODY B. HICE of Georgia (for himself, Mr. MEADOWS, and Mr. MITCH-
ELL) introduced the following bill; which was referred to the Committee 
on Oversight and Government 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 Representa-
tives 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 
2018’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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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 Protec-
tion 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 SYS-
TEMS 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 fol-
lows: 
‘‘(1) for each of fiscal years 2019, 2020, 2021, 
2022, and 2023— 
‘‘(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 admin-
istrative expenses to adjudicate retirement ap-
peals; and’’. 
(b) EFFECTIVE DATE.—This section shall take effect 
on October 1, 2018. 
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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 fol-
lowing: 
‘‘(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 hard-
ship. 
‘‘(3) A filing fee shall not be required with respect 
to any action— 
‘‘(A) brought by the Special Counsel under sec-
tion 1214, 1215, or 1216; or 
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‘‘(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 sub-
section (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)— 
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(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), re-
spectively; and 
(D) in paragraph (4), as redesignated by 
subparagraph (C), by striking ‘‘paragraph (3)’’ 
and inserting ‘‘paragraph (1)’’. 
(b) APPLICATION.—The amendments made by sub-
section (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. 
Æ 
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