The Office of Special Counsel would have expanded powers to investigate allegations of improper personnel practices by management including retaliation against whistleblowers, under a bill (S-2968) that has cleared the Senate committee level and is ready for a floor vote.
The measure to reauthorize the OSC would require that it be given “timely access to all records, data, reports, audits, reviews, documents, papers, recommendations, or other material available to the applicable agency which relate to a matter” within its jurisdiction; that it may request from any agency the information or assistance that it considers necessary; and may require any employee of the agency to produce any record or other information that relates to a matter within its authority.
The measure reflects long-running complaints by the OSC and by other investigative bodies, including the GAO and agency IGs, that agencies sometimes shirk their obligations to cooperate.
The OSC further could ask the MSPB to order corrective action and a monetary award to recompense employees if an agency investigates them out of a retaliatory motive even if no retaliatory personnel action ultimately is taken. Further, protection of whistleblowers would become part of the performance evaluation criteria for whistleblowers, and extend protections to those transferred from a “sensitive” position.
Agencies also would have to better inform employees of whistleblower protections, including training for all new employees within their first six months.
