,,ii  #aadth ,,congress  #b;d ,session  
,s4 #bifh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #bc1 #bjaf
 ,mr4 ,johnson 7for himself and ,mr4    
,grassley7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on ,homeland ,security
 and ,governmental ,affairs  ,a ,,bill  
,to reauthorize the ,office of ,special 
,counsel1 and for other purposes4  #a4  
,short title  ,this ,act may be cited as
 the ,office of ,special ,counsel       
,reauthorization ,act of #bjaf4  #b4    
,adequate access of ,special ,counsel to
 information  ,section #abab7;b7 of     
title #e1 ,united ,states ,code1 is     
amended by adding at the end the        
following3  7#e7 7,a7 ,the ,special     
,counsel1 in carrying out this          
subchapter--  7i7 shall have timely     
access to all records1 data1 reports1   
audits1 reviews1 documents1 papers1     
recommendations1 or other material      
available to the applicable agency which
 relate to a matter within the          

jurisdiction or authority of the        
,special ,counsel2  7ii7 may 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 subchapter2
 and  7iii7 may require1 during an      
investigation1 review1 or inquiry of an 
agency1 any employee of the agency to   
provide to the ,special ,counsel any    
record or other information that relates
 to a matter within the jurisdiction or 
authority of the ,special ,counsel4     
7,b7 7i7 ,a claim of common law         
privilege by an agency1 or an officer or
 employee of an agency1 shall not       
prevent the ,special ,counsel from      
obtaining any material described in     
subparagraph 7,a77i7 with respect to the
 agency4  7ii7 ,the submission of       
material described in subparagraph      
7,a77i7 by an agency to the ,special    
,counsel may not be deemed to waive any 
assertion of privilege by the agency    

against a non-,federal entity or against
 an individual in any other proceeding4 
7iii7 ,with respect to any record or    
other information made available to the 
,special ,counsel by an agency under    
subparagraph 7,a71 the ,special ,counsel
 may only disclose the record or        
information for a purpose that is in    
furtherance of any authority provided to
 the ,special ,counsel in this          
subchapter4  7#f7 ,the ,special ,counsel
 shall submit to the ,committee on      
,homeland ,security and ,governmental   
,affairs of the ,senate1 the ,committee 
on ,oversight and ,government ,reform of
 the ,house of ,representatives1 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 7#e77;,a74  4  #c4           
,prohibited personnel practices2        
information on whistleblower protections
  ,section #bcjb of title #e1 ,united   

,states ,code1 is amended-- 7#a7 in     
subsection 7a77#b77;,a7--  7,a7 in      
clause 7xi71 by striking and at the end2
  7,b7 by redesignating clause 7xii7 as 
clause 7xiii72 and  7,c7 by inserting   
after clause 7xi7 the following3  7xii7 
for the purposes of paragraph 7#h7 or   
7#i7 of subsection 7b71 the accessing of
 a medical record of the employee or    
applicant for employment2 and  2  7#b7  
in subsection 7b77#i77;,d71 by inserting
 1 rule1 or regulation after order2 and 
7#c7 by striking subsection 7c7 and     
inserting the following3  7c7 7#a7 ,in  
this subsection-- 7,a7 the term new     
employee means an individual--  7i7     
appointed to a position as an employee  
on or after the date of enactment of the
 ,office of ,special ,counsel           
,reauthorization ,act of #bjaf2 and     
7ii7 who has not previously served as an
 employee2 and  7,b7 the term           
whistleblower protections means the     
protections against and remedies for a  
prohibited personnel practice described 

in paragraph 7#h7 or subparagraph       
7,a77i71 7,b71 7,c71 or 7,d7 of         
paragraph 7#i7 of subsection 7b74  7#b7 
,the head of each agency shall be       
responsible for-- 7,a7 preventing       
prohibited personnel practices2  7,b7   
complying with and enforcing applicable 
civil service laws1 rules1 and          
regulations1 and other aspects of       
personnel management2 and  7,c7         
ensuring1 in consultation with the      
,special ,counsel and the ,inspector    
,general of the agency1 that employees  
of the agency are informed of the rights
 and remedies available to the employees
 under this chapter and chapter #ab1    
including--  7i7 information with       
respect to whistleblower protections    
available to new employees during a     
probationary period2  7ii7 the role of  
the ,office of ,special ,counsel and the
 ,merit ,systems ,protection ,board with
 respect to whistleblower protections2  
and  7iii7 the means by which1 with     
respect to information that is otherwise

 required by law or ,executive order to 
be kept classified in the interest of   
national defense or the conduct of      
foreign affairs1 an employee may make a 
lawful disclosure of the information    
to--  7,i7 the ,special ,counsel2       
7,,ii7 the ,inspector ,general of an    
agency2  7,,iii7 ,congress2 or  7,,iv7  
another employee of the agency who is   
designated to receive such a disclosure4
  7#c7 ,the head of each agency shall   
ensure that the information described in
 paragraph 7#b7 is provided to each new 
employee of the agency not later than   
#ahj days after the date on which the   
new employee is appointed4  7#d7 ,the   
head of each agency shall make available
 information regarding whistleblower    
protections applicable to employees of  
the agency on the public website of the 
agency and on any online portal that is 
made available only to employees of the 
agency1 if such portal exists4  7#e7    
,any employee to whom the head of an    
agency delegates authority for any      

aspect of personnel management shall1   
within the limits of the scope of the   
delegation1 be responsible for the      
activities described in paragraph 7#b74 
4  #d4 ,additional whistleblower        
provisions  7a7 ,explanations for       
failure ,to take action ,section #abac  
of title #e1 ,united ,states ,code1 is  
amended-- 7#a7 in subsection 7b71 by    
striking #ae days and inserting #de     
days2  7#b7 in subsection 7e7-- 7,a7 in 
paragraph 7#a71 by striking ,any such   
report and inserting ,any report        
required under subsection 7c7 or        
paragraph 7#e7 of this subsection2  7,b7
 by striking paragraph 7#b7 and         
inserting the following3  7#b7 ,upon    
receipt of any report that the head of  
an agency is required to submit under   
subsection 7c71 the ,special ,counsel   
shall review the report and determine   
whether--  7,a7 the findings of the head
 of the agency appear reasonable2 and   
7,b7 if the ,special ,counsel requires  
the head of the agency to submit a      

supplemental report under paragraph     
7#e71 the reports submitted by the head 
of the agency collectively contain the  
information required under subsection   
7d74  2  7,c7 in paragraph 7#c71 by     
striking agency report received pursuant
 to subsection 7c7 of this section and  
inserting report submitted to the       
,special ,counsel by the head of an     
agency under subsection 7c7 or paragraph
 7#e7 of this subsection2 and  7,d7 by  
adding at the end the following3  7#e7  
,if1 after conducting a review of a     
report under paragraph 7#b71 the        
,special ,counsel concludes that the    
,special ,counsel requires additional   
information or documentation to         
determine whether the report submitted  
by the head of an agency is reasonable  
and sufficient1 the ,special ,counsel   
may request that the head of the agency 
submit a supplemental report--  7,a7    
containing the additional information or
 documentation identified by the        
,special ,counsel2 and  7,b7 which the  

head of the agency shall submit to the  
,special ,counsel within a period of    
time specified by the ,special ,counsel4
  2 and  7#c7 by striking subsection 7h7
 and inserting the following3  7h7 ,the 
,special ,counsel may not respond to any
 inquiry or disclose any information    
about any person who makes a disclosure 
under this section except in accordance 
with section #eeb;a or as required by   
any other provision of ,federal law4  4 
7b7 ,retaliatory investigations ,section
 #abad of title #e1 ,united ,states     
,code1 is amended by adding at the end  
the following3  7i7 ,the ,special       
,counsel may petition the ,board to     
order corrective action1 including fees1
 costs1 or damages reasonably incurred  
by an employee due to an investigation  
of the employee by an agency1 if the    
investigation by an agency was          
commenced1 expanded1 or extended in     
retaliation for a disclosure or         
protected activity described under      
section #bcjb7;b77#h7 or section        

#bcjb7;b77#i7 7,a77i71 7,b71 7,c71 or   
7,d71 even if no personnel action1 as   
defined under section #bcjb7;a71 is     
taken or not taken4  4  7c7 ,sensitive  
positions ,section #ggja of title #e1   
,united ,states ,code1 is amended-- 7#a7
 by redesignating subsection 7k7 as     
subsection 7l72 and  7#b7 by inserting  
after subsection 7j7 the following3  7k7
 7#a7 ,the ,board has authority to      
review on the merits an appeal by an    
employee or applicant for employment of 
an action arising from a determination  
that the employee or applicant for      
employment is ineligible for a sensitive
 position if--  7,a7 the sensitive      
position does not require a security    
clearance or access to classified       
information2 and  7,b7 such action is   
otherwise appealable4  7#b7 ,in this    
subsection1 the term sensitive position 
means a position designated as a        
sensitive position under ,executive     
,order #ajdej 7#e ,u4,s4,c4 #gcaa note71
 or any successor thereto4  4  7d7      

,protection of whistleblowers as        
criteria in performance appraisals  7#a7
 ,establishment of systems ,section     
#dcjb of title #e1 ,united ,states      
,code1 is amended-- 7,a7 by             
redesignating subsections 7b7 and 7c7 as
 subsections 7c7 and 7d71 respectively2 
and  7,b7 by inserting after subsection 
7a7 the following3  7b7 7#a7 ,the head  
of each agency1 in consultation with the
 ,director of the ,office of ,personnel 
,management and the ,special ,counsel1  
shall develop criteria that--  7,a7 the 
head of the agency shall use as a       
critical element for establishing the   
job requirements of a supervisory       
employee2 and  7,b7 promote the         
protection of whistleblowers4  7#b7 ,the
 criteria required under paragraph 7#a7 
shall include principles for the        
protection of whistleblowers1 such as   
the degree to which supervisory         
employees--  7,a7 respond constructively
 when employees of the agency make      
disclosures described in subparagraph   

7,a7 or 7,b7 of section #bcjb7;b77#h72  
7,b7 take responsible actions to resolve
 such disclosures2 and  7,c7 foster an  
environment in which employees of the   
agency feel comfortable making such     
disclosures to supervisory employees or 
other appropriate authorities4  7#c7 ,in
 this subsection-- 7,a7 the term agency 
means any entity the employees of which 
are covered by paragraphs 7#h7 and 7#i7 
of section #bcjb7;b71 without regard to 
whether any other provision of this     
section is applicable to the entity2    
7,b7 the term supervisory employee means
 an employee who would be a supervisor1 
as defined in section #gajc7;a71 if the 
agency employing the employee was an    
agency for purposes of chapter #ga2 and 
7,c7 the term whistleblower means an    
employee who makes a disclosure         
described in section #bcjb7;b77#h74  4  
7#b7 ,criteria for performance          
appraisals ,section #dcac of title #e1  
,united ,states ,code1 is amended--     
7,a7 in paragraph 7#d71 by striking and 

at the end2  7,b7 in paragraph 7#e71 by 
striking the period at the end and      
inserting 2 and2 and  7,c7 by adding at 
the end the following3  7#f7 protecting 
whistleblowers1 as described in section 
#dcjb7;b77#b74  4  7e7 ,annual report to
 ,congress on unacceptable performance  
in whistleblower protection  7#a7       
,definitions ,in this subsection1 the   
terms agency and whistleblower have the 
meanings given the terms in section     
#dcjb7;b77#c7 of title #e1 ,united      
,states ,code1 as amended by subsection 
7d74  7#b7 ,report ,each agency shall   
annually submit to the ,committee on    
,homeland ,security and ,governmental   
,affairs of the ,senate1 the ,committee 
on ,oversight and ,government ,reform of
 the ,house of ,representatives1 and    
each committee of ,congress with        
jurisdiction over the agency a report   
that details--  7,a7 the number of      
performance appraisals1 for the year    
covered by the report1 that determined  
that an employee of the agency failed to

 meet the standards for protecting      
whistleblowers that were established    
under section #dcjb7;b7 of title #e1    
,united ,states ,code1 as amended by    
subsection 7d72  7,b7 the reasons for   
the determinations described in         
subparagraph 7,a72 and  7,c7 each       
disciplinary or corrective action taken 
by the agency in response to a          
determination under subparagraph 7,a74  
7f7 ,technical and conforming amendment 
,section #dcja of title #e1 ,united     
,states ,code1 is amended1 in the matter
 preceding paragraph 7#a71 by striking  
,for the purpose of and inserting       
,except as otherwise expressly provided1
 for the purpose of4  #e4 ,termination  
of certain investigations by the ,office
 of ,special ,counsel  ,section         
#abad7;a7 of title #e1 ,united ,states  
,code1 is amended-- 7#a7 in paragraph   
7#a77;,d71 in the first sentence1 by    
inserting other than a termination of an
 investigation described in paragraph   
7#f77;,a7 after investigation of a      

prohibited personnel practice2 and  7#b7
 by adding at the end the following3    
7#f7 7,a7 ,not later than #cj days after
 receiving an allegation of a prohibited
 personnel practice under paragraph     
7#a71 the ,special ,counsel may         
terminate an investigation of the       
allegation without further inquiry or an
 opportunity for the individual who     
submitted the allegation to respond if  
the ,special ,counsel determines that-- 
7i7 the same allegation1 based on the   
same set of facts and circumstances had 
previously been-- 7,i7 7aa7 made by the 
individual2 and  7bb7 investigated by   
the ,special ,counsel2 or  7,,ii7 filed 
by the individual with the ,merit       
,systems ,protection ,board2  7ii7 the  
,special ,counsel does not have         
jurisdiction to investigate the         
allegation2 or  7iii7 the individual    
knew or should have known of the alleged
 prohibited personnel practice on or    
before the date that is #c years before 
the date on which the ,special ,counsel 

received the allegation4  7,b7 ,not     
later than #cj days after the date on   
which the ,special ,counsel terminates  
an investigation under subparagraph     
7,a71 the ,special ,counsel shall       
provide a written notification to the   
individual who submitted the allegation 
of a prohibited personnel practice that 
states the basis of the ,special        
,counsel for terminating the            
investigation4  4  #f4 ,allegations of  
wrongdoing within the ,office of        
,special ,counsel ,section #abab of     
title #e1 ,united ,states ,code1 is     
amended by adding at the end the        
following3  7i7 ,the ,special ,counsel  
shall enter into at least #a agreement  
with the ,inspector ,general of an      
agency under which--  7#a7 the          
,inspector ,general shall-- 7,a7        
receive1 review1 and investigate        
allegations of prohibited personnel     
practices or wrongdoing filed by        
employees of the ,office of ,special    
,counsel2 and  7,b7 develop a method for

 an employee of the ,office of ,special 
,counsel to directly communicate with   
the ,inspector ,general2 and  7#b7 the  
,special ,counsel-- 7,a7 may not require
 an employee of the ,office of ,special 
,counsel to seek authorization or       
approval before directly contacting the 
,inspector ,general in accordance with  
the agreement2 and  7,b7 may reimburse  
the ,inspector ,general for services    
provided under the agreement4  4  #g4   
,reporting requirements  7a7 ,annual    
report ,section #abah of title #e1      
,united ,states ,code1 is amended to    
read as follows3  #abah4 ,annual report 
,the ,special ,counsel shall submit to  
,congress1 on an annual basis1 a report 
on the activities of the ,special       
,counsel1 which shall include1 for the  
year preceding the submission of the    
report--  7#a7 the number1 types1 and   
disposition of allegations of prohibited
 personnel practices filed with the     
,special ,counsel and the costs of      
resolving such allegations2  7#b7 the   

number of investigations conducted by   
the ,special ,counsel2  7#c7 the number 
of stays or disciplinary actions        
negotiated with agencies by the ,special
 ,counsel2  7#d7 the number of subpoenas
 issued by the ,special ,counsel2  7#e7 
the number of instances in which the    
,special ,counsel reopened an           
investigation after the ,special        
,counsel had made an initial            
determination with respect to the       
investigation2  7#f7 the actions that   
resulted from reopening investigations  
as described in paragraph 7#e72  7#g7   
the number of instances in which the    
,special ,counsel did not make a        
determination before the end of the     
#bdj-;day period described in section   
#abad7;b77#b77;,a77i7 regarding whether 
there were reasonable grounds to believe
 that a prohibited personnel practice   
had occurred1 existed1 or was to be     
taken2  7#h7 a description of the       
recommendations and reports made by the 
,special ,counsel to other agencies     

under this subchapter and the actions   
taken by the agencies as a result of the
 recommendations or reports2  7#i7 the  
number of-- 7,a7 actions initiated      
before the ,merit ,systems ,protection  
,board1 including the number of         
corrective action petitions and         
disciplinary action complaints          
initiated2  7,b7 stays and extensions of
 stays obtained from the ,merit ,systems
 ,protection ,board2 and  7,c7 requests 
for enforcement of subpoenas or requests
 for enforcement by the ,merit ,systems 
,protection ,board described in section 
#abab7;b77#f72  7#aj7 the number of     
prohibited personnel practice complaints
 that resulted in-- 7,a7 a favorable    
action for the complainant1 organized by
 actions in--  7i7 complaints dealing   
with reprisals against whistleblowers2  
and  7ii7 all other complaints2 and     
7,b7 a favorable outcome for the        
complainant1 organized by outcomes in-- 
7i7 complaints dealing with reprisals   
against whistleblowers2 and  7ii7 all   

other complaints2  7#aa7 the number of  
corrective actions that the ,special    
,counsel required an agency to take     
after a finding by the ,special ,counsel
 of a prohibited personnel practice1 as 
defined in section #bcjb7;b72 and  7#ab7
 the results for the ,office of ,special
 ,counsel of any employee viewpoint     
survey conducted by the ,office of      
,personnel ,management or any other     
agency4  4  7b7 ,public information     
,section #abai7;a77#a7 of title #e1     
,united ,states ,code1 is amended to    
read as follows3  7#a7 a list of any    
noncriminal matters referred to the head
 of an agency under section #abac7;c71  
together with--  7,a7 a copy of the     
information transmitted to the head of  
the agency under section #abac7;c77#a72 
7,b7 any report from the agency under   
section #abac7;c77#a77;,b7 relating to  
the matter2  7,c7 if appropriate1 not   
otherwise prohibited by law1 and        
consented to by the complainant1 any    
comments from the complainant under     

section #abac7;e77#a7 relating to the   
matter2 and  7,d7 the comments or       
recommendations of the ,special ,counsel
 under paragraph 7#c7 or 7#d7 of section
 #abac7;e72  4  #h4 ,establishment of   
survey pilot program  7a7 ,in general   
,the ,office of ,special ,counsel shall 
design and establish a pilot program    
under which the ,office shall conduct1  
during the period beginning on ,october 
#a1 #bjag and ending on ,september #cj1 
#bjah1 a survey of individuals who have 
filed a complaint or disclosure with the
 ,office4  7b7 ,purpose ,the survey     
under subsection 7a7 shall be designed  
for the purpose of collecting           
information and improving service at    
various stages of a review or           
investigation by the ,office of ,special
 ,counsel4  7c7 ,results ,the results of
 the survey under subsection 7a7 shall  
be published in the annual report of the
 ,office of ,special ,counsel4  7d7     
,suspension of other surveys ,during the
 period beginning on ,october #a1 #bjag 

and ending on ,september #cj1 #bjah1    
section #ac of the ,act entitled ,an    
,act to reauthorize the ,office of      
,special ,counsel1 and for other        
purposes1 approved ,october #bi1 #aiid  
7#e ,u4,s4,c4 #abab note71 shall have no
 force or effect4  #i4 ,authorization of
 appropriations  7a7 ,in general        
,section #h7;a77#b7 of the              
,whistleblower ,protection ,act of #aihi
 7#e ,u4,s4,c4 #eeji note7 is amended by
 striking #bjjc1 #bjjd1 #bjje1 #bjjf1   
and #bjjg and inserting #bjaf through   
#bjba4  7b7 ,effective date ,the        
amendment made by subsection 7a7 shall  
take effect as though enacted on        
,september #cj1 #bjae4