Sec. 2304. Additional whistleblower provisions
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/bill/114/s/3011/pcs/section-2304A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1213 of title 5, United States Code, is amended— in subsection (b), by striking 15 days and inserting 45 days ; in subsection (e)— in paragraph (1), by striking Any such report and inserting Any report required under subsection
(c)or paragraph
(5)of this subsection ; by striking paragraph
(2)and inserting the following: 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— the findings of the head of the agency appear reasonable; and 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). ; 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 by adding at the end the following: 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— containing the additional information or documentation identified by the Special Counsel; and which the head of the agency shall submit to the Special Counsel within a period of time specified by the Special Counsel. ; and by striking subsection
(h)and inserting the following: 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 552a or as required by any other provision of Federal law. . Section 1214 of title 5, United States Code, is amended by adding at the end the following: 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 under section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D), even if no personnel action, as defined under section 2302(a), is taken or not taken. . Section 7701 of title 5, United States Code, is amended— by redesignating subsection
(k)as subsection (l); and by inserting after subsection
(j)the following: 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— the sensitive position does not require a security clearance or access to classified information; and such action is otherwise appealable. In this subsection, the term sensitive position means a position designated as a sensitive position under Executive Order 10450 ( 5 U.S.C. 7311 note), or any successor thereto. . Section 4302 of title 5, United States Code, is amended— by redesignating subsections
(b)and
(c)as subsections
(c)and (d), respectively; and by inserting after subsection
(a)the following: The head of each agency, in consultation with the Director of the Office of Personnel Management and the Special Counsel, shall develop criteria that— the head of the agency shall use as a critical element for establishing the job requirements of a supervisory employee; and promote the protection of whistleblowers. The criteria required under paragraph
(1)shall include principles for the protection of whistleblowers, such as the degree to which supervisory employees— respond constructively when employees of the agency make disclosures described in subparagraph
(A)or
(B)of section 2302(b)(8); take responsible actions to resolve such disclosures; and foster an environment in which employees of the agency feel comfortable making such disclosures to supervisory employees or other appropriate authorities. In this subsection— 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; 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 the term whistleblower means an employee who makes a disclosure described in section 2302(b)(8). . Section 4313 of title 5, United States Code is amended— in paragraph (4), by striking and at the end; in paragraph (5), by striking the period at the end and inserting ; and ; and by adding at the end the following: protecting whistleblowers, as described in section 4302(b)(2). . 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 (d). 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— 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 (d); the reasons for the determinations described in subparagraph (A); and each disciplinary or corrective action taken by the agency in response to a determination under subparagraph (A). 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 .
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