S 582 — Office of Special Counsel Reauthorization Act of 2017

Summary

Office of Special Counsel Reauthorization Act of 2017 (Sec. 2) The Office of Special (OSC) is an independent investigative and prosecutorial agency that protects federal employees from retaliation for whistle-blower disclosures and prohibited personnel practices. This bill expands the scope of OSC's authority by authorizing it: (1) to have timely access to material that relates to an investigation involving whistle-blower disclosures and prohibited personnel practices, (2) to request from any agency information or assistance necessary for it to carry out its duties, and (3) to require an agency to provide it with any record or other information that relates to an investigation, review, or inquiry. This new OCS authority shall not apply to any entity that is an element of the intelligence community, unless the OSC is investigating or carrying out activities relating to certain enforcement actions. A claim of common law privilege by an agency, or an agency employee, shall not prevent the OSC from obtaining such materials. (Sec. 3) Agencies must inform their employees of: (1) whistle-blower protections available to new employees during a probationary period, (2) the role of the OSC and the Merit Systems Protection Board (MSPB), and (3) appeal rights. Agency websites must contain whistle-blower protection information. Supervisory training is authorized with respect to employee complaints alleging a violation of whistle-blower protections. (Sec. 4) The accessing of the medical record of another employee as a part of, or otherwise in furtherance of, any prohibited personnel practices is itself a prohibited personnel practice. 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 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. (Sec. 5) The head of an agency shall refer to the OSC for examination and appropriate action any instance where a whistle-blower has committed suicide (Sec. 6) Whistle-blower protections must be incorporated into supervisory employee job requirements and performance appraisals in the Senior Executive Service. Agencies must report annually to Congress on the number of supervisor performance appraisals in which supervisors were found to have unacceptable performance ratings under whistle-blower protection criteria. (Sec. 7) The bill authorizes discipline against supervisors based on retaliation against whistle-blowers. (Sec. 8) The OSC may terminate an investigation of an alleged prohibited personnel practice under certain circumstances, 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. (Sec. 9) The OSC must enter into at least one agreement with an agency inspector general to receive, review, and investigate complaints by OSC employees. OSC employees may communicate directly with such inspector general without prior approval from the OSC. (Sec. 10) The bill expands the OSC's annual reporting requirements to require additional information on investigations, disciplinary actions, subpoenas, and other matters. If an allegation submitted to the OSC is resolved by an agreement between an agency and an individual, the OSC shall report to Congress on the agreement. (Sec. 11) The OSC shall design and establish a pilot program under which it shall conduct a survey of individuals who have filed a complaint or disclosure with the OSC. (Sec. 12) The OSC must prescribe regulations for carrying out its functions within two years after enactment of this bill. (Sec. 13) The bill amends the Whistleblower Protection Act of 1989 to reauthorize the OSC through FY2022.

Bill Text

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends existing law to enhance the access of the Special Counsel to information and expand whistleblower protections, specifically in relation to the intelligence community.

• 5 U.S.C. § 1212(b)

  (5)(A) Except as provided in subparagraph (B), the Special Counsel, in carrying out this subchapter, is authorized to-- (i) have timely access to all records, data, reports, audits, reviews, documents, papers, recommendations, or other material available to the applicable agency that relate to an investigation, review, or inquiry conducted under-- (I) section 1213, 1214, 1215, or 1216 of this title; or (II) section 4324(a) of title 38; (ii) request from any agency the information or assistance that may be necessary for the Special Counsel to carry out the duties and responsibilities of the Special Counsel under this subchapter; and (iii) require, during an investigation, review, or inquiry of an agency, the agency to provide to the Special Counsel any record or other information that relates to an investigation, review, or inquiry conducted under-- (I) section 1213, 1214, 1215, or 1216 of this title; or (II) section 4324(a) of title 38.

  This change provides the Special Counsel with enhanced access to records and materials necessary for investigations.

• 5 U.S.C. § 1212(b)

  (B)(i) The authorization of the Special Counsel under subparagraph (A) shall not apply with respect to any entity that is an element of the intelligence community, as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003), unless the Special Counsel is investigating, or otherwise carrying out activities relating to the enforcement of, an action under subchapter III of chapter 73.

  This provision limits the Special Counsel's access to intelligence community materials unless certain conditions are met.

• 5 U.S.C. § 1212(b)

  (6) The Special Counsel shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and each committee of Congress with jurisdiction over the applicable agency a report regarding any case of contumacy or failure to comply with a request submitted by the Special Counsel under paragraph (5)(A).

  This addition establishes reporting requirements for the Special Counsel to Congress regarding compliance failures.

• 5 U.S.C. § 2302(c)

  subsection (c) → (c)(1) In this subsection-- (A) the term `new employee' means an individual-- (i) appointed to a position as an employee on or after the date of enactment of the Office of Special Counsel Reauthorization Act of 2017; and (ii) who has not previously served as an employee; and (B) the term `whistleblower protections' means the protections against and remedies for a prohibited personnel practice described in paragraph (8) or subparagraph (A)(i), (B), (C), or (D) of paragraph (9) of subsection (b).

  This change redefines 'new employee' and clarifies terms related to whistleblower protections.

• 5 U.S.C. § 2302(c)

  (5) Any employee to whom the head of an agency delegates authority for any aspect of personnel management shall, within the limits of the scope of the delegation, be responsible for the activities described in paragraph (2).

  This provision adds accountability for employees delegated personnel management authority within agencies.

Action History

1. August 04, 2017

   Received in the House.

2. August 04, 2017

   Referred to the House Committee on Oversight and Government Reform.

3. August 02, 2017

   Message on Senate action sent to the House.

4. August 01, 2017

   Measure laid before Senate by unanimous consent. (consideration: CR S4687-4694)

5. August 01, 2017

   The committee amendments agreed to by Unanimous Consent.

6. August 01, 2017

   Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.

7. August 01, 2017

   Passed Senate with amendments by Unanimous Consent.

8. May 18, 2017

   Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-74.

9. May 18, 2017

   Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-74.

10. May 18, 2017

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 93.

11. March 15, 2017

    Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.

12. March 08, 2017

    Introduced in Senate

13. March 08, 2017

    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Sponsors

• Claire McCaskill · Cosponsor
• Chuck Grassley · Cosponsor
• Steve Daines · Cosponsor
• Ron Wyden · Cosponsor
• Ron Johnson · Primary

Subjects