,i #aafth ,,congress #ast ,session ,h4 ,r4 #cceg ,,in ,,the ,,house ,,of ,,representatives ,june #ai1 #bjai,mr4 ,hice of ,georgia 7for himself and ,mr4 ,loudermilk7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform1 and in addition to the ,committee on ,veterans' ,affairs1 for a period to be subsequently determined by the ,speaker1 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 ,board1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,merit ,systems ,protection ,board ,reauthorization ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,reauthorize appropriations for ,merit ,systems ,protection ,board4 ,sec4 #c4 ,filing fee for ,merit ,systems ,protection ,board claims and appeals4 ,sec4 #d4 ,modification to procedures and authority of the ,merit ,systems ,protection ,board4 ,sec4 #e4 ,limitation on furlough appeals to the ,merit ,systems ,protection ,board4 ,sec4 #f4 ,reappointment of ,merit ,systems ,protection ,board members4 ,sec4 #g4 ,amendments to ,department of ,veterans ,affairs ,accountability and ,whistleblower ,protection ,act of #bjag4 #b4 ,reauthorize appropriations for ,merit ,systems ,protection ,board 7a7 ,in general ,paragraph 7#a7 of section #h7;a7 of the ,whistleblower ,protection ,act of #aihi 7,public ,law #aja-ab2 #e ,u4,s4,c4 #eeji note7 is amended to read as follows3 7#a7 for each of fiscal years #bjbj1 #bjba1 #bjbb1 #bjbc1 and #bjbd-- 7,a7 #dd1dij1jjj to carry out subchapter ,i of chapter #ab of title #e1 ,united ,states ,code 7as amended by this ,act72 and 7,b7 not to exceed #b1cde1jjj1 to be transferred from the ,civil ,service ,retirement and ,disability ,fund in amounts determined by the ,merit ,systems ,protection ,board1 for administrative expenses to adjudicate retirement appeals2 and 4 7b7 ,effective date ,this section shall take effect on ,october #a1 #bjai4 #c4 ,filing fee for ,merit ,systems ,protection ,board claims and appeals 7a7 ,in general ,section #abjd of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7o7 7#a7 ,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 title1 or under any other law1 rule1 or regulation1 consistent with the requirements of this subsection4 7#b7 ,the filing fee established under paragraph 7#a7 may-- 7,a7 not exceed the amount that is #ej percent of the fee required for filing a civil action in a ,united ,states district court2 7,b7 be adjusted from time to time as the ,board considers appropriate2 and 7,c7 upon request of the individual filing the claim or appeal1 be waived by the ,board if the ,board determines the fee would create undue hardship4 7#c7 ,a filing fee shall not be required with respect to any action-- 7,a7 brought by the ,special ,counsel under section #abad1 #abae1 or #abaf2 or 7,b7 taken against an administrative law judge under section #geba4 7#d7 ,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 claim4 ,such fee shall be returned to the individual if the individual is the prevailing party4 4 7b7 ,deadline ,the ,merit ,systems ,protection ,board shall establish and collect the filing fee required under subsection 7o7 of section #abjd of title #e1 ,united ,states ,code1 as added by subsection 7a71 not later than #a year after the date of the enactment of this ,act4 7c7 ,application ,the fee required under such subsection 7o7 shall apply to any claim or appeal filed with the ,merit ,systems ,protection ,board after the date the fee is established pursuant to subsection 7b74 #d4 ,modification to procedures and authority of the ,merit ,systems ,protection ,board 7a7 ,summary judgment ,section #ggja of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by inserting 1 except as provided in subsection 7b7 after kept2 and 7#b7 in subsection 7b77#a7-- 7,a7 by striking ,the ,board may and inserting 7,a7 ,the ,board may2 7,b7 by striking the second and third sentences2 and 7,c7 by adding at the end the following3 7,b7 ,the ,board1 an administrative law judge appointed by the ,board under section #caje1 and any officer or employee of the ,board designated by the ,board 7as the case may be7 shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection 7a77#a7 of this section1 except as provided under subparagraph 7,c74 7,c7 ,the ,board1 an administrative law judge appointed by the ,board under section #caje1 and any officer or employee of the ,board designated by the ,board 7as the case may be7 may1 with respect to any party1 grant a motion for summary judgment4 ,any hearing under subsection 7a77#a7 of this section shall be limited to the issues remaining in the case1 or1 if applicable1 a decision may be issued without holding a hearing4 7,d7 ,a copy of the decision under subparagraph 7,b7 or 7,c7 shall be furnished to each party to the appeal and to the ,office of ,personnel ,management4 4 7b7 ,limit on mitigation ,paragraph 7#c7 of section #ggja7;b7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#c7 ,with respect to an appeal from a performance or conduct-based adverse action under subchapter ,,ii or ,v of chapter #ge1 the ,board may not mitigate the personnel action involved unless the action is so disproportionate as to be wholly without justification4 4 7c7 ,evidentiary burden ,paragraph 7#a7 of section #ggja7;c7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#a7 ,subject to paragraph 7#b71 the decision of the agency shall be sustained under subsection 7b7 only if the agency's decision is supported by substantial evidence4 4 7d7 ,effective date2 application 7#a7 ,effective date ,the amendments made by this section shall take effect on the date that is #ij days after the date of the enactment of this ,act4 7#b7 ,application ,the amendments made by this section shall apply with respect to any appeal filed under section #ggja of title #e1 ,united ,states ,code1 on or after the effective date in paragraph 7#a74 #e4 ,limitation on furlough appeals to the ,merit ,systems ,protection ,board 7a7 ,in general ,section #ceie;a of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,for the purposes of this section-- 7#a7 the term furlough means the placement of a senior executive in a temporary status in which the senior executive has no duties and is not paid when the placement in such status is by reason of insufficient work or funds or for other nondisciplinary reasons2 and 7#b7 the term emergency furlough has the meaning given that term in section #geja7c74 2 7#b7 in subsection 7b71 by adding after the period at the end the following3 ,such regulations shall provide for procedures for emergency furloughs for career appointees1 consistent with the procedures promulgated by the ,office under section #gejd7;b742 and 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,a career appointee who is furloughed in excess of #ad days is entitled to appeal to the ,merit ,systems ,protection ,board under section #ggja4 ,the previous sentence shall not apply to any emergency furlough4 4 7b7 ,application ,the amendments made by subsection 7a7 shall apply to any furlough occurring on or after the date that is #ij days after the date of the enactment of this ,act4 #f4 ,reappointment of ,merit ,systems ,protection ,board members ,subsection 7c7 of section #abjb of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking may not be reappointed to any following term but2 and 7#b7 by inserting before the period at the end the following3 1 unless the member is reappointed4 #g4 ,amendments to ,department of ,veterans ,affairs ,accountability and ,whistleblower ,protection ,act of #bjag 7a7 ,in general ,section #gad of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#d77;,a71 by striking 1 which shall refer such appeal to an administrative judge pursuant to section #ggja7;b77#a7 of title #e2 and 7#b7 in subsection 7d7-- 7,a7 by striking the administrative judge in each place it appears and inserting the ,merit ,systems ,protection ,board2 7,b7 by striking paragraph 7#c72 7,c7 by redesignating paragraphs 7#d7 through 7#aj7 as paragraphs 7#c7 through 7#i71 respectively2 and 7,d7 in paragraph 7#d71 as redesignated by subparagraph 7,c71 by striking paragraph 7#c7 and inserting paragraph 7#a74 7b7 ,application ,the amendments made by subsection 7a7 shall apply to any appeal made under section #gad7;c77#d77;,a7 of title #ch1 ,united ,states ,code1 after the date of the enactment of this ,act4