[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 582 Reported in Senate (RS)]

<DOC>





                                                        Calendar No. 93
115th CONGRESS
  1st Session
                                 S. 582

                          [Report No. 115-74]

 To reauthorize the Office of Special Counsel, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2017

Mr. Johnson (for himself, Mrs. McCaskill, Mr. Grassley, Mr. Daines, and 
  Mr. Wyden) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                              May 18, 2017

                Reported by Mr. Johnson, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the Office of Special Counsel, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Office of Special Counsel 
Reauthorization Act of 2017''.

SEC. 2. ADEQUATE ACCESS OF SPECIAL COUNSEL TO INFORMATION.

    Section 1212(b) of title 5, United States Code, is amended by 
adding at the end the following:
    ``(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.
    ``(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.
    ``(ii) The Attorney General or an Inspector General may withhold 
from the Special Counsel material described in subparagraph (A) if--
            ``(I) disclosing the material could reasonably be expected 
        to interfere with a criminal investigation or prosecution that 
        is ongoing as of the date on which the Special Counsel submits 
        a request for the material; and
            ``(II) the Attorney General or the Inspector General, as 
        applicable, submits to the Special Counsel a written report 
        that describes--
                    ``(aa) the material being withheld; and
                    ``(bb) the reason that the material is being 
                withheld.
    ``(C)(i) A claim of common law privilege by an agency, or an 
officer or employee of an agency, shall not prevent the Special Counsel 
from obtaining any material described in subparagraph (A)(i) with 
respect to the agency.
    ``(ii) The submission of material described in subparagraph (A)(i) 
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 proceeding.
    ``(iii) With respect to any record or other information made 
available to the Special Counsel by an agency under subparagraph (A), 
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 subchapter.
    ``(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).''.

SEC. 3. INFORMATION ON WHISTLEBLOWER PROTECTIONS.

    (a) Agency Responsibilities.--Section 2302 of title 5, United 
States Code, is amended by striking subsection (c) and inserting the 
following:
    ``(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).
    ``(2) The head of each agency shall be responsible for--
            ``(A) preventing prohibited personnel practices;
            ``(B) complying with and enforcing applicable civil service 
        laws, rules, and regulations, and other aspects of personnel 
        management; and
            ``(C) ensuring, in consultation with the Special Counsel 
        and the Inspector General of the agency, that employees of the 
        agency are informed of the rights and remedies available to the 
        employees under this chapter and chapter 12, including--
                    ``(i) information with respect to whistleblower 
                protections available to new employees during a 
                probationary period;
                    ``(ii) the role of the Office of Special Counsel 
                and the Merit Systems Protection Board with respect to 
                whistleblower protections; and
                    ``(iii) the means by which, 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 affairs, 
                an employee may make a lawful disclosure of the 
                information to--
                            ``(I) the Special Counsel;
                            ``(II) the Inspector General of an agency;
                            ``(III) Congress; or
                            ``(IV) another employee of the agency who 
                        is designated to receive such a disclosure.
    ``(3) The head of each agency shall ensure that the information 
described in paragraph (2) is provided to each new employee of the 
agency not later than 180 days after the date on which the new employee 
is appointed.
    ``(4) 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 agency, if such portal 
exists.
    ``(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).''.
    (b) Training for Supervisors.--
            (1) Definitions.--In this subsection--
                    (A) the term ``agency'' means any entity the 
                employees of which are covered by paragraphs (8) and 
                (9) of section 2302(b) of title 5, United States Code, 
                without regard to whether any other provision of that 
                title is applicable to the entity; and
                    (B) the term ``whistleblower protections'' has the 
                meaning given the term in section 2302(c)(1)(B) of 
                title 5, United States Code, as amended by subsection 
                (a).
            (2) Training required.--The head of each agency, in 
        consultation with the Special Counsel and the Inspector General 
        of that agency (or, in the case of an agency that does not have 
        an Inspector General, the senior ethics official of that 
        agency), shall provide the training described in paragraph (3).
            (3) Training described.--The training described in this 
        paragraph shall--
                    (A) cover the manner in which the agency shall 
                respond to a complaint alleging a violation of 
                whistleblower protections that are available to 
                employees of the agency; and
                    (B) be provided--
                            (i) to each employee of the agency who--
                                    (I) is appointed to a supervisory 
                                position in the agency; and
                                    (II) before the appointment 
                                described in subclause (I), had not 
                                served in a supervisory position in the 
                                agency; and
                            (ii) on an annual basis to all employees of 
                        the agency who serve in supervisory positions 
                        in the agency.
    (c) Information on Appeal Rights.--
            (1) In general.--Any notice provided to an employee under 
        section 7503(b)(1), section 7513(b)(1), or section 7543(b)(1) 
        of title 5, United States Code, shall include detailed 
        information with respect to--
                    (A) the right of the employee to appeal an action 
                brought under the applicable section;
                    (B) the forums in which the employee may file an 
                appeal described in subparagraph (A); and
                    (C) any limitations on the rights of the employee 
                that would apply because of the forum in which the 
                employee decides to file an appeal.
            (2) Development of information.--The information described 
        in paragraph (1) shall be developed by the Director of the 
        Office of Personnel Management, in consultation with the 
        Special Counsel, the Merit Systems Protection Board, and the 
        Equal Employment Opportunity Commission.

SEC. 4. ADDITIONAL WHISTLEBLOWER PROVISIONS.

    (a) Prohibited Personnel Practices.--Section 2302 of title 5, 
United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (9)--
                            (i) in subparagraph (C), by inserting ``(or 
                        any other component responsible for internal 
                        investigation or review)'' after ``Inspector 
                        General''; and
                            (ii) in subparagraph (D), by inserting ``, 
                        rule, or regulation'' after ``law'';
                    (B) in paragraph (12), by striking ``or'' at the 
                end;
                    (C) in paragraph (13), by striking the period at 
                the end and inserting ``; or''; and
                    (D) by inserting after paragraph (13) the 
                following:
            ``(14) access the medical record of another employee or an 
        applicant for employment as a part of, or otherwise in 
        furtherance of, any conduct described in paragraphs (1) through 
        (13).''; and
            (2) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (E), by striking ``or'' 
                        at the end;
                            (ii) by redesignating subparagraph (F) as 
                        subparagraph (G); and
                            (iii) by inserting after subparagraph (E) 
                        the following:
            ``(F) the disclosure was made before the date on which the 
        individual was appointed or applied for appointment to a 
        position; or''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
    ``(2) If a disclosure is made during the normal course of duties of 
an employee, the principal job function of whom is to regularly 
investigate and disclose wrongdoing (in this paragraph referred to as 
the `disclosing employee'), the disclosure shall not be excluded from 
subsection (b)(8) if the disclosing employee demonstrates that an 
employee who has the authority to take, direct other individuals to 
take, recommend, or approve any personnel action with respect to the 
disclosing employee took, failed to take, or threatened to take or fail 
to take a personnel action with respect to the disclosing employee in 
reprisal for the disclosure made by the disclosing employee.''.
    (b) Explanations for Failure To Take Action.--Section 1213 of title 
5, United States Code, is amended--
            (1) in subsection (b), by striking ``15 days'' and 
        inserting ``45 days''; and
            (2) in subsection (e)--
                    (A) in paragraph (1), by striking ``Any such 
                report'' and inserting ``Any report required under 
                subsection (c) or paragraph (5) of this subsection'';
                    (B) by striking paragraph (2) and inserting the 
                following:
    ``(2) Upon receipt of any report that the head of an agency is 
required to submit under subsection (c), the Special Counsel shall 
review the report and determine whether--
            ``(A) the findings of the head of the agency appear 
        reasonable; and
            ``(B) if the Special Counsel requires the head of the 
        agency to submit a supplemental report under paragraph (5), the 
        reports submitted by the head of the agency collectively 
        contain the information required under subsection (d).'';
                    (C) in paragraph (3), by striking ``agency report 
                received pursuant to subsection (c) of this section'' 
                and inserting ``report submitted to the Special Counsel 
                by the head of an agency under subsection (c) or 
                paragraph (5) of this subsection''; and
                    (D) by adding at the end the following:
    ``(5) If, after conducting a review of a report under paragraph 
(2), 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 sufficient, the 
Special Counsel may request that the head of the agency submit a 
supplemental report--
            ``(A) containing the additional information or 
        documentation identified by the Special Counsel; and
            ``(B) that the head of the agency shall submit to the 
        Special Counsel within a period of time specified by the 
        Special Counsel.''.
    (c) Transfer Requests During Stays.--
            (1) Priority granted.--Section 1214(b)(1) of title 5, 
        United States Code, is amended by adding at the end the 
        following:
    ``(E) If the Board grants a stay under subparagraph (A), the head 
of the agency employing the employee who is the subject of the action 
shall give priority to a request for a transfer submitted by the 
employee.''.
            (2) Probationary employees.--Section 1221 of title 5, 
        United States Code, is amended by adding at the end the 
        following:
    ``(k) If the Board grants a stay under subsection (c) and the 
employee who is the subject of the action is in probationary status, 
the head of the agency employing the employee shall give priority to a 
request for a transfer submitted by the employee.''.
    (d) Retaliatory Investigations.--Section 1214 of title 5, United 
States Code, is amended by adding at the end the following:
    ``(i) The Special Counsel may petition the Board to order 
corrective action, including fees, costs, or damages reasonably 
incurred by an employee due to an investigation of the employee by an 
agency, if the investigation by an agency was commenced, expanded, or 
extended in retaliation for a disclosure or protected activity 
described in section 2302(b)(8) or subparagraph (A)(i), (B), (C), or 
(D) of section 2302(b)(9), even if no without regard to whether a 
personnel action, as defined in section 2302(a)(2)(A), is taken  or not 
taken.''.

SEC. 5. SUICIDE BY EMPLOYEES.

    (a) Definitions.--In this section--
            (1) the term ``agency'' means any entity the employees of 
        which are covered by paragraphs (8) and (9) of section 2302(b) 
        of title 5, United States Code, without regard to whether any 
        other provision of that title is applicable to the entity; and
            (2) the term ``personnel action'' has the meaning given the 
        term in section 2302(a)(2)(A) of title 5, United States Code.
    (b) Referral.--
            (1) In general.--The head of an agency shall refer to the 
        Special Counsel, along with any information known to the agency 
        regarding the circumstances described in paragraph (2), any 
        instance in which the head of the agency has information 
        indicating that an employee of the agency committed suicide.
            (2) Information.--The circumstances described in this 
        paragraph are as follows:
                    (A) Before the death of an employee described in 
                paragraph (1), the employee made a disclosure of 
                information that reasonably evidences--
                            (i) a violation of a law, rule, or 
                        regulation;
                            (ii) gross mismanagement;
                            (iii) a gross waste of funds;
                            (iv) an abuse of authority; or
                            (v) a substantial and specific danger to 
                        public health or safety.
                    (B) After a disclosure described in subparagraph 
                (A), a personnel action was taken with respect to the 
                employee who made the disclosure.
    (c) Office of Special Counsel Review.--Upon receiving a referral 
under subsection (b)(1), the Special Counsel shall--
            (1) examine whether a personnel action was taken with 
        respect to an employee because of a disclosure described in 
        subsection (b)(2)(A); and
            (2) take any action that the Special Counsel determines is 
        appropriate under subchapter II of chapter 12 of title 5, 
        United States Code.

SEC. 6. PROTECTION OF WHISTLEBLOWERS AS CRITERIA IN PERFORMANCE 
              APPRAISALS.

    (a) Establishment of Systems.--Section 4302 of title 5, United 
States Code, is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b)(1) The head of each agency, in consultation with the Director 
of the Office of Personnel Management and the Special Counsel, shall 
develop criteria that--
            ``(A) the head of the agency shall use as a critical 
        element for establishing the job requirements of a supervisory 
        employee; and
            ``(B) promote the protection of whistleblowers.
    ``(2) The criteria required under paragraph (1) shall include--
            ``(A) principles for the protection of whistleblowers, such 
        as the degree to which supervisory employees--
                    ``(i) respond constructively when employees of the 
                agency make disclosures described in subparagraph (A) 
                or (B) of section 2302(b)(8);
                    ``(ii) take responsible actions to resolve the 
                disclosures described in clause (i); and
                    ``(iii) foster an environment in which employees of 
                the agency feel comfortable making disclosures 
                described in subparagraph (A) clause (i) to supervisory 
                employees or other appropriate authorities; and
            ``(B) for each supervisory employee--
                    ``(i) whether the agency entered into an agreement 
                with an individual who alleged that the supervisory 
                employee committed a prohibited personnel practice; and
                    ``(ii) if the agency entered into an agreement 
                described in clause (i), the number of instances in 
                which the agency entered into such an agreement with 
                respect to the supervisory employee.
    ``(3) In this subsection--
            ``(A) the term `agency' means any entity the employees of 
        which are covered by paragraphs (8) and (9) of section 2302(b), 
        without regard to whether any other provision of this section 
        is applicable to the entity;
            ``(B) the term `prohibited personnel practice' has the 
        meaning given the term in section 2302(a)(1);
            ``(C) the term `supervisory employee' means an employee who 
        would be a supervisor, as defined in section 7103(a), if the 
        agency employing the employee was an agency for purposes of 
        chapter 71; and
            ``(D) the term `whistleblower' means an employee who makes 
        a disclosure described in section 2302(b)(8).''.
    (b) Criteria for Performance Appraisals.--Section 4313 of title 5, 
United States Code, is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) protecting whistleblowers, as described in section 
        4302(b)(2).''.
    (c) Annual Report to Congress on Unacceptable Performance in 
Whistleblower Protection.--
            (1) Definitions.--In this subsection, the terms ``agency'' 
        and ``whistleblower'' have the meanings given the terms in 
        section 4302(b)(3) of title 5, United States Code, as amended 
        by subsection (a).
            (2) Report.--Each agency shall annually 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 agency a report that details--
                    (A) the number of performance appraisals, for the 
                year covered by the report, that determined that an 
                employee of the agency failed to meet the standards for 
                protecting whistleblowers that were established under 
                section 4302(b) of title 5, United States Code, as 
                amended by subsection (a);
                    (B) the reasons for the determinations described in 
                subparagraph (A); and
                    (C) each performance-based or corrective action 
                taken by the agency in response to a determination 
                under subparagraph (A).
    (d) Technical and Conforming Amendment.--Section 4301 of title 5, 
United States Code, is amended, in the matter preceding paragraph (1), 
by striking ``For the purpose of'' and inserting ``Except as otherwise 
expressly provided, for the purpose of''.

SEC. 7. DISCIPLINE OF SUPERVISORS BASED ON RETALIATION AGAINST 
              WHISTLEBLOWERS.

    (a) In General.--Subchapter II of chapter 75 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 7515. Discipline of supervisors based on retaliation against 
              whistleblowers
    ``(a) Definitions.--In this section--
            ``(1) the term `agency'--
                    ``(A) has the meaning given the term in section 
                2302(a)(2)(C), without regard to whether any other 
                provision of this chapter is applicable to the entity; 
                and
                    ``(B) does not include 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);
            ``(2) the term `prohibited personnel action' means taking 
        or failing to take an action in violation of paragraph (8) or 
        (9) of section 2302(b) against an employee of an agency; and
            ``(3) the term `supervisor' means an employee who would be 
        a supervisor, as defined in section 7103(a), if the entity 
        employing the employee was an agency.
    ``(b) Proposed Disciplinary Actions.--
            ``(1) In general.--If the head of the agency in which a 
        supervisor is employed, an administrative law judge, the Merit 
        Systems Protection Board, the Special Counsel, a judge of the 
        United States, or the Inspector General of the agency in which 
        a supervisor is employed has determined that the supervisor 
        committed a prohibited personnel action, the head of the agency 
        in which the supervisor is employed, consistent with the 
        procedures required under paragraph (2)--
                    ``(A) for the first prohibited personnel action 
                committed by the supervisor--
                            ``(i) shall propose suspending the 
                        supervisor for a period that is not less than 3 
                        days; and
                            ``(ii) may propose an additional action 
                        determined appropriate by the head of the 
                        agency, including a reduction in grade or pay; 
                        and
                    ``(B) for the second prohibited personnel action 
                committed by the supervisor, shall propose removing the 
                supervisor.
            ``(2) Procedures.--
                    ``(A) Notice.--A supervisor against whom an action 
                is proposed to be taken under paragraph (1) is entitled 
                to written notice that--
                            ``(i) states the specific reasons for the 
                        proposed action; and
                            ``(ii) informs the supervisor about the 
                        right of the supervisor to review the material 
                        that constitutes the factual support on which 
                        the proposed action is based.
                    ``(B) Answer and evidence.--
                            ``(i) In general.--A supervisor who 
                        receives notice under subparagraph (A) may, not 
                        later than 14 days after receiving the notice, 
                        submit an answer and furnish evidence in 
                        support of that answer.
                            ``(ii) No evidence furnished; insufficient 
                        evidence furnished.--If, after the end of the 
                        14-day period described in clause (i), a 
                        supervisor does not furnish any evidence as 
                        described in that clause, or if the head of the 
                        agency in which the supervisor is employed 
                        determines that the evidence furnished by the 
                        supervisor is insufficient, the head of the 
                        agency shall carry out the action proposed 
                        under subparagraph (A) or (B) of paragraph (1).
                    ``(C) Scope of procedures.--An action carried out 
                under this section--
                            ``(i) except as provided in clause (ii), 
                        shall be subject to the same requirements and 
                        procedures, including those with respect to an 
                        appeal, as an action under section 7503, 7513, 
                        or 7543; and
                            ``(ii) shall not be subject to--
                                    ``(I) paragraphs (1) and (2) of 
                                section 7503(b);
                                    ``(II) paragraphs (1) and (2) of 
                                subsection (b) and subsection (c) of 
                                section 7513; and
                                    ``(III) paragraphs (1) and (2) of 
                                subsection (b) and subsection (c) of 
                                section 7543.
            ``(3) Non-delegation.--If the head of an agency is 
        responsible for determining whether a supervisor has committed 
        a prohibited personnel action for purposes of paragraph (1), 
        the head of the agency may not delegate that responsibility.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
subchapter II of chapter 75 of title 5, United States Code, is amended 
by inserting after the item relating to section 7514 the following:

``7515. Discipline of supervisors based on retaliation against 
                            whistleblowers.''.

SEC. 8. TERMINATION OF CERTAIN INVESTIGATIONS BY THE OFFICE OF SPECIAL 
              COUNSEL.

    Section 1214(a) of title 5, United States Code, is amended --
        <DELETED>    (1) in paragraph (1)(D), in the first sentence, by 
        inserting ``, other than a termination of an investigation 
        described in paragraph (6)(A),'' after ``investigation of a 
        prohibited personnel practice''; and</DELETED>
            (2) by adding at the end the following:
    ``(6)(A) Not later Notwithstanding any other provision of this 
section, not later than 30 days after receiving an allegation of a 
prohibited personnel practice under paragraph (1), 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--
            ``(i) the same allegation, based on the same set of facts 
        and circumstances had previously been--
                    ``(I)(aa) made by the individual; and
                    ``(bb) investigated by the Special Counsel; or
                    ``(II) filed by the individual with the Merit 
                Systems Protection Board;
            ``(ii) the Special Counsel does not have jurisdiction to 
        investigate the allegation; or
            ``(iii) the individual knew or should have known of the 
        alleged prohibited personnel practice on or before the date 
        that is 3 years before the date on which the Special Counsel 
        received the allegation.
    ``(B) Not later than 30 days after the date on which the Special 
Counsel terminates an investigation under subparagraph (A), 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 investigation.''.

SEC. 9. ALLEGATIONS OF WRONGDOING WITHIN THE OFFICE OF SPECIAL COUNSEL.

    Section 1212 of title 5, United States Code, is amended by adding 
at the end the following:
    ``(i) The Special Counsel shall enter into at least one agreement 
with the Inspector General of an agency under which--
            ``(1) the Inspector General shall--
                    ``(A) receive, review, and investigate allegations 
                of prohibited personnel practices or wrongdoing filed 
                by employees of the Office of Special Counsel; and
                    ``(B) develop a method for an employee of the 
                Office of Special Counsel to directly communicate with 
                the Inspector General; and
            ``(2) the Special Counsel--
                    ``(A) 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 agreement; and
                    ``(B) may reimburse the Inspector General for 
                services provided under the agreement.''.

SEC. 10. REPORTING REQUIREMENTS.

    (a) Annual Report.--Section 1218 of title 5, United States Code, is 
amended to read as follows:
``Sec. 1218. Annual report
    ``The Special Counsel shall submit to Congress, on an annual basis, 
a report on the activities of the Special Counsel, which shall include, 
for the year preceding the submission of the report--
            ``(1) the number, types, and disposition of allegations of 
        prohibited personnel practices filed with the Special Counsel 
        and the costs of resolving such allegations;
            ``(2) the number of investigations conducted by the Special 
        Counsel;
            ``(3) the number of stays and disciplinary actions 
        negotiated with agencies by the Special Counsel;
            ``(4) the number of subpoenas issued by the Special 
        Counsel;
            ``(5) 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 investigation;
            ``(6) the actions that resulted from reopening 
        investigations, as described in paragraph (5);
            ``(7) the number of instances in which the Special Counsel 
        did not make a determination before the end of the 240-day 
        period described in section 1214(b)(2)(A)(i) regarding whether 
        there were reasonable grounds to believe that a prohibited 
        personnel practice had occurred, existed, or was to be taken;
            ``(8) 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 reports;
            ``(9) the number of--
                    ``(A) actions initiated before the Merit Systems 
                Protection Board, including the number of corrective 
                action petitions and disciplinary action complaints 
                initiated; and
                    ``(B) stays and extensions of stays obtained from 
                the Merit Systems Protection Board;
            ``(10) the number of prohibited personnel practice 
        complaints that resulted in a favorable action for the 
        complainant, other than a stay or an extension of a stay, 
        organized by actions in--
                    ``(A) complaints dealing with reprisals against 
                whistleblowers; and
                    ``(B) all other complaints; and
            ``(11) the number of prohibited personnel practice 
        complaints that were resolved by an agreement between an agency 
        and an individual, organized by agency and agency components, 
        in--
                    ``(A) complaints dealing with reprisals against 
                whistleblowers; and
                    ``(B) all other complaints;
            ``(12) 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 practice, as defined 
        in section 2302(a)(1); and
            ``(13) the results for the Office of Special Counsel of any 
        employee viewpoint survey conducted by the Office of Personnel 
        Management or any other agency.''.
    (b) Public Information.--Section 1219(a)(1) of title 5, United 
States Code, is amended to read as follows:
            ``(1) a list of any noncriminal matters referred to the 
        head of an agency under section 1213(c), together with--
                    ``(A) a copy of the information transmitted to the 
                head of the agency under section 1213(c)(1);
                    ``(B) any report from the agency under section 
                1213(c)(1)(B) relating to the matter;
                    ``(C) if appropriate, not otherwise prohibited by 
                law, and consented to by the complainant, any comments 
                from the complainant under section 1213(e)(1) relating 
                to the matter; and
                    ``(D) the comments or recommendations of the 
                Special Counsel under paragraph (3) or (4) of section 
                1213(e);''.
    (c) Notice of Complaint Settlements.--Section 1217 of title 5, 
United States Code, is amended--
            (1) by striking ``The Special Counsel'' and inserting:
    ``(a) In General.--The Special Counsel''; and
            (2) by adding at the end the following:
    ``(b) Additional Report Required.--
            ``(1) In general.--If an allegation submitted to the 
        Special Counsel is resolved by an agreement between an agency 
        and an individual, the Special Counsel shall submit to Congress 
        and each congressional committee with jurisdiction over the 
        agency a report regarding the agreement.
            ``(2) Contents.--The report required under paragraph (1) 
        shall identify, with respect to an agreement described in that 
        paragraph--
                    ``(A) the agency that entered into the agreement;
                    ``(B) the position and employment location of the 
                employee who submitted the allegation that formed the 
                basis of the agreement;
                    ``(C) the position and employment location of any 
                employee alleged by an employee described in 
                subparagraph (B) to have committed a prohibited 
                personnel practice, as defined in section 2302(a)(1);
                    ``(D) a description of the allegation described in 
                subparagraph (B); and
                    ``(E) whether the agency that entered into the 
                agreement has agreed to pursue any disciplinary action 
                as a result of the allegation described in subparagraph 
                (B).''.

SEC. 11. ESTABLISHMENT OF SURVEY PILOT PROGRAM.

    (a) In General.--The Office of Special Counsel shall design and 
establish a pilot program under which the Office shall conduct, during 
the first full fiscal year after the date of enactment of this Act, a 
survey of individuals who have filed a complaint or disclosure with the 
Office.
    (b) Purpose.--The survey under subsection (a) 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 Counsel.
    (c) Results.--The results of the survey under subsection (a) shall 
be published in the annual report of the Office of Special Counsel.
    (d) Suspension of Other Surveys.--During the period beginning on 
October 1, 2017, and ending on September 30, 2018, section 13 of the 
Act entitled ``An Act to reauthorize the Office of Special Counsel, and 
for other purposes'', approved October 29, 1994 (5 U.S.C. 1212 note), 
shall have no force or effect.

SEC. 12. REGULATIONS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Special Counsel shall prescribe such regulations as 
may be necessary to perform--
            (1) the functions of the Special Counsel under subchapter 
        II of chapter 12 of title 5, United States Code, including 
        regulations that are necessary to carry out sections 1213, 
        1214, and 1215 of that title; and
            (2) any functions of the Special Counsel that are required 
        because of the amendments made by this Act.
    (b) Publication.--Any regulations prescribed under subsection (a) 
shall be published in the Federal Register.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 8(a)(2) of the Whistleblower Protection 
Act of 1989 (5 U.S.C. 5509 note) is amended by striking ``2003, 2004, 
2005, 2006, and 2007'' and inserting ``2017 through 2022''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as though enacted on September 30, 2015.
                                                        Calendar No. 93

115th CONGRESS

  1st Session

                                 S. 582

                          [Report No. 115-74]

_______________________________________________________________________

                                 A BILL

 To reauthorize the Office of Special Counsel, and for other purposes.

_______________________________________________________________________

                              May 18, 2017

                        Reported with amendments