Sec. 90003. Filing fee for Merit Systems Protection Board claims and appeals

298 words·~1 min read·/bill/119/hr/1/pcs/section-90003

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Section 7701 of title 5, United States Code, is amended— in redesignating subsection

(k)as subsection (l); and by inserting after subsection

(j)the following: The Board shall establish and collect a filing fee to be paid by any employee, former employee, or applicant for employment 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. The filing fee under paragraph

(1)shall— be in an amount equal to the filing fee for a civil action, suit, or proceeding under section 1914(a) of title 28; be paid on the date the individual submits a claim or appeal to the Board; and if the individual is the prevailing party under such claim or appeal, be returned to such individual. The filing fee under this subsection shall not be required for any— action brought by the Special Counsel under section 1214, 1215, or 1216; or any claim or appeal of a prohibited personnel practice described in section 2302(b)(8) or 2302(b)(9)(A)(i), (B), (C), or

(D)or in section 1221. On the date that a claim or appeal with respect to which the individual is not the prevailing party has not been appealed and is no longer appealable because the time for taking an appeal has expired, or which has been appealed under section 7703 and the appeals process for which is completed, the fee collected under paragraph

(1)shall, except as provided in paragraph (2)(C), be deposited into the miscellaneous receipts of the Treasury. . The fee required under the amendment made by subsection

(a)shall apply to any claim or appeal filed with the Merit Systems Protection Board after the date that is 3 months after the date of the enactment of this section.