# What the Merit Systems Protection Board Reauthorization Act Does

This bill is about updating and changing how the Merit Systems Protection Board (MSPB) works. The MSPB is a government agency that handles disputes between federal employees and their employers when workers believe they've been treated unfairly—things like wrongful termination, unfair discipline, or improper furloughs. Think of it as a referee between federal workers and their agencies.

The bill makes several significant changes to how this system operates. First, it provides funding for the MSPB to continue operating through 2026, allocating about $44.5 million per year for its basic operations. More importantly, it introduces a filing fee for federal employees who want to appeal to the MSPB—similar to court filing fees. This fee can't exceed half of what it costs to file a lawsuit in federal court, and the MSPB can waive it if paying would cause someone genuine hardship. If an employee wins their case, they get the fee back. However, cases brought by the government's Special Counsel or against administrative law judges don't require a fee.

The bill also changes the rules about how the MSPB makes decisions. It allows the board to grant "summary judgment" in some cases, meaning they can decide cases without a full hearing if the facts are clear-cut. Additionally, the bill makes it harder for the MSPB to overturn agency decisions about employee performance or conduct—the board can only reverse a decision if it's so unreasonable it's "wholly without justification." The bill also limits when federal employees can appeal furloughs (temporary unpaid leave), allowing appeals only when furloughs last more than 14 days, and it eliminates the requirement for emergency furloughs to go through the appeals process at all.

Finally, the bill allows MSPB board members to be reappointed to additional terms, and it modifies how the Department of Veterans Affairs handles employee discipline cases by routing them through the MSPB instead of individual administrative judges.

Merit Systems Protection Board Reauthorization Act of 2021

Hice, Jody B.

Merit Systems Protection Board Reauthorization Act of 2021 This bill reauthorizes the Merit Systems Protection Board through FY2026 and modifies its authority. Specifically, the bill requires the board to establish and collect a filing fee to be paid by any individual filing a claim or appeal. The bill requires the board to make a decision in a matter after receiving the written representations of the parties and after an opportunity for a hearing, and the bill authorizes the board to grant a motion for summary judgment. With respect to an appeal from a performance or conduct-based adverse action, the bill prohibits the board from mitigating the personnel action unless it is so disproportionate as to be without justification. Further, the bill requires that all decisions of the agency be supported by substantial evidence. In addition, the bill limits furlough appeals and provides for the reappointment of board members (currently, board members may not be reappointed). The bill also makes the board the arbiter of appeals involving the removal, demotion, or suspension of an employee of the Department of Veterans Affairs.