[Congressional Record Volume 153, Number 137 (Monday, September 17, 2007)]
[Extensions of Remarks]
[Page E1899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page E1899]]
            FEDERAL MERIT SYSTEM REAUTHORIZATION ACT OF 2007

                                 ______
                                 

                          HON. DANNY K. DAVIS

                              of illinois

                    in the house of representatives

                       Monday, September 17, 2007

  Mr. DAVIS of Illinois. Madam Speaker, I am pleased to have worked 
with Senator Daniel K. Akaka (D-Hawaii), Chairman of the Senate 
Subcommittee on Oversight of Government Management, the Federal 
Workforce, and the District of Columbia, on the ``Federal Merit System 
Reauthorization Act,'' (the Act) which reauthorizes the Office of 
Special Counsel (OSC) and the Merit System's Protection Board (MSPB) 
for three years. The shorter reauthorization period will allow Congress 
to review OSC's and MSPB's implementation of the new provisions in the 
Act before being reauthorized for a longer period of time.
  The Act provides that OSC prescribe regulations to establish 
responsible and professional standards for investigating complaints; 
maintain open and regular communications with complainants; establish 
an alternate dispute resolution office in the District of Columbia; and 
implement procedural changes to improve agency performance. The Act 
also establishes a process for external investigation by the 
President's Counsel on Integrity and Efficiency (PCIE) when an OSC 
employee files a complaint alleging wrongdoing by the Special Counsel 
or the deputy Special Counsel. The PCIE, established by Executive Order 
in 1992, was formed to address integrity, economy, and effectiveness 
issues that transcend individual Government agencies, and increase the 
professional and effectiveness of Inspector General Personnel 
throughout the Government.
  In addition, the Act clarifies that employees filing an Individual 
Right of Action before the MSPB (bringing a case to the MSPB if OSC has 
not provided relief in 120 days) need to only identify the precise 
personnel actions being challenged in the initial complaint to OSC and 
that relief was not provided by OSC. The Act provides that a 
complainant can file an appeal to be considered on an expedited basis 
if an administrative law judge denies a request to suspend/delay the 
alleged retaliatory action. The Act outlines procedural changes MSPB 
must implement to improve agency performance.
  While OSC and MSPB are required to submit annual reports to Congress 
on its activities, the Act increases reporting requirements for both 
agencies in addition to requiring OSC to survey individuals who make 
whistleblower disclosures to OSC.
  Employee rights have been weakened under this Administration. The 
``Federal Merit System Reauthorization Act of 2007'' sends a strong 
message that whistleblower protection and employee rights are key 
elements of the federal civil service merit system and must be 
enforced.

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