Bill > S2968

Introduced Session

Office of Special Counsel Reauthorization Act of 2016 This bill amends the Whistleblower Protection Act of 1989 to reauthorize through FY2021 the Office of Special Counsel (OSC), an independent federal investigative and prosecutorial agency that protects federal employees, former employees, and applicants for employment from prohibited personnel practices. The OSC shall have timely access to material available to an agency that relate to a matter within the OSC's jurisdiction. A claim of common law privilege by an agency, or an agency employee, shall not prevent the OSC from obtaining such materials. The bill prohibits federal employees with authority over personnel actions from accessing, failing to access, or threatening to access medical records of employees or applicants because of an employee's or applicant's: (1) disclosure of information reasonably believed to evidence a violation of a law, rule, or regulation or a gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health or safety; (2) disclosure to, or cooperation with, the OSC or an agency inspector general; (3) exercise of an appeal, complaint, or grievance right; (4) testimony for, or assistance to, an individual exercising such rights; or (5) refusal to obey an order or regulation that would require the individual to violate a law. Agencies must inform their employees of: (1) whistleblower protections available to new employees during a probationary period, and (2) the role of the OSC and the Merit Systems Protection Board (MSPB). Agency websites must contain whistleblower protection information. The bill extends the period for the OSC to determine whether information it receives from an employee or applicant discloses: (1) a violation of a law, rule, or regulation; or (2) gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety. The OSC may not respond to inquiries about a person who makes a disclosure, except in accordance with information privacy procedures or as required by law. The OSC may petition the MSPB to order corrective action if an agency's investigation was commenced, expanded, or extended in retaliation for certain employee disclosures or protected activities, even if no personnel action is taken. The MSPB may review appeals from a determination that an employee or applicant is ineligible for a sensitive position if the sensitive position does not require a security clearance or access to classified information. Whistleblower protections must be incorporated into supervisory employee job requirements and performance appraisals in the Senior Executive Service. The OSC may terminate an investigation of an alleged prohibited personnel practice without further inquiry or an opportunity for the individual who submitted the allegation to respond if: (1) the same allegation had previously been made by the individual and was investigated by the OSC or filed by the individual with the MSPB, (2) the OSC does not have jurisdiction, or (3) the individual knew or should have known of the alleged practice three years before the OSC received the allegation. The OSC must enter at least one agreement for an agency inspector general to receive and investigate allegations of prohibited personnel practices or wrongdoing by OSC employees.

Committee Categories

Ron Johnson (R)*,  Chuck Grassley (R),  Claire McCaskill (D), 

Placed on Senate Legislative Calendar under General Orders. Calendar No. 646. (on 09/27/2016)

Official Document