S 2853 IS
102d CONGRESS
2d Session
S. 2853
To authorize appropriations for the United States Office of Special Counsel,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 16, 1992
Mr. LEVIN (for himself and Mr. COHEN) introduced the following bill; which
was read twice and referred to the Committee on Governmental Affairs
A BILL
To authorize appropriations for the United States 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. AUTHORIZATION OF APPROPRIATIONS.
  Section 8(a)(2) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
  note; Public Law 101-12; 103 Stat. 34) is amended by striking out `1989,
  1990, 1991, and 1992,' and inserting in lieu thereof `1993 and 1994'.
SEC. 2. OFFICE OF SPECIAL COUNSEL.
  Chapter 12 of title 5, United States Code, is amended--
  (1) in section 1211(b) by inserting after the first sentence `The Special
  Counsel may continue to serve beyond the expiration of the term until a
  successor is appointed and has qualified, except that the Special Counsel
  may not continue to serve for more than one year after the date on which the
  term of the Special Counsel would otherwise expire under this subsection.';
  (2) in section 1212(g)(1) by striking out `provide' and inserting in lieu
  thereof `disclose';
  (3) in section 1214(a)(2), by adding at the end thereof the following
  new subparagraph:
  `(C) Upon the request of the person on whose allegation the investigation
  was initiated, the Special Counsel shall provide an oral briefing on the
  results of the investigation. Such oral briefing shall include--
  `(i) a description of the investigation conducted by the Special Counsel;
  `(ii) a discussion of the relevant facts ascertained by the Special Counsel;
  `(iii) an explanation of the law applicable to the allegations; and
  `(iv) the Special Counsel's response to any reasonable question of the
  person regarding any matter relating to such briefing, description,
  discussion, or explanation.';
  (4) in section 1214(b)(2)--
  (A) by redesignating subparagraphs (A), (B) and (C) as subparagraphs (B),
  (C) and (D), respectively;
  (B) by inserting before subparagraph (B) (as redesignated by subparagraph
  (A) of this paragraph) the following:
  `(A) No later than 240 days after the date of receiving an allegation of a
  prohibited personnel practice under paragraph (1), the Special Counsel shall
  make a determination whether there are reasonable grounds to believe that a
  prohibited personnel practice has occurred, exists, or is to be taken.'; and
  (C) by amending subparagraph (C) (as redesignated by subparagraph (A)
  of this paragraph) to read as follows:
  `(C) If, within 45 days after receiving a report of the Special Counsel
  under subparagraph (B), the agency has not acted to correct the prohibited
  personnel practice, the Special Counsel shall petition the Board for
  corrective action.';
  (5) in section 1221(d), by striking out paragraph (1) and inserting in
  lieu thereof the following:
  `(1) At the request of an employee, former employee, or applicant for
  employment seeking corrective action under subsection (a), the Board shall
  issue a subpoena for the attendance and testimony of any person or the
  production of documentary or other evidence from any person if the Board
  finds that the testimony or production requested is not unduly burdensome
  and appears reasonably calculated to lead to the discovery of admissible
  evidence.'; and
  (6) in section 1221(g)--
  (A) in paragraph (1), by striking out `and any other reasonable costs
  incurred' and inserting in lieu thereof `and any other reasonable costs
  incurred directly or indirectly by the employee, former employee, or
  applicant.'; and
  (B) in paragraph (2), by striking out `and any other reasonable costs
  incurred,' and inserting in lieu thereof `and any other reasonable
  costs incurred directly or indirectly by the employee, former employee,
  or applicant,'.
SEC. 3. PROHIBITED PERSONNEL PRACTICES.
  Section 2302(a)(1)(A) of title 5, United States Code, is amended--
  (1) in clause (ix) by striking out `and' after the semicolon; and
  (2) by redesignating clause (x) as clause (xi) and inserting before such
  clause the following:
  `(x) a decision to order psychiatric testing or examination; and'.
SEC. 4. IMPLEMENTATION.
  No later than 6 months after the date of enactment of this Act, the Special
  Counsel shall implement section 1212(g) of title 5, United States Code,
  by issuing detailed guidelines regarding the disclosure of information
  during the course of Special Counsel investigations of alleged prohibited
  personnel practices described under section 2302(b)(8) of such title. Such
  guidelines shall, at a minimum, specify--
  (1) categories of information that may not be disclosed to agency officials
  without the consent of the person alleging the prohibited personnel
  practice; and
  (2) categories of information that may be disclosed to agency officials
  for the purpose of conducting an investigation, and the circumstances
  under which such information is likely to be disclosed.
SEC. 5. EFFECTIVE DATE.
  The provisions of this Act and the amendments made by this Act shall be
  effective on and after October 1, 1992.