; (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 hardship. (3) A filing fee shall not be required with respect to any action— (A) brought by the Special Counsel under section 1214, 1215, or 1216; or (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 subsection (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). 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)— (A) by striking The Board may and inserting (A) The Board may ; (B) by striking the second and third sentences