Merit Systems Protection Board Empowerment Act of 2021
Bill: H.R.1224 | Sponsor: Rep. Connolly, Gerald E. (D-VA)
Policy area: Government Operations and Politics

Summary:
Merit Systems Protection Board Empowerment Act of 2021
This bill reauthorizes the Merit Systems Protection Board through FY2026 and modifies certain requirements relating to the administration of cases involving whistleblowers. Specifically, it requires cases involving alleged retaliation against whistleblowers to be heard by the board, an administrative law judge, or a designated board employee who has received training regarding the protections afforded whistleblowers under law.

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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