GovernmentExecutive.com

A House committee appears likely to approve legislation limiting the discretion of the small but controversial Office of Special Counsel in whistleblower investigations.

The House Oversight and Government Reform Federal Workforce Subcommittee Tuesday will mark up a reauthorization bill for OSC and the Merit Systems Protection Board.

Both agencies have responsibility for alleged violations of certain civil service protections. A draft reauthorization bill cuts the reauthorization period for both from six to three years.

The bill contains provisions requiring the agencies to report more often to Congress and to give complainants more information on their cases.

The measure appears to take aim at embattled Special Counsel Scott Bloch, who government watchdog organizations have blasted for what they call lackluster enforcement of whistleblower laws and for a 2005 decision not to pursue sexual orientation discrimination cases at federal agencies.

"Congress repudiates any assertion that federal employees are not protected from discrimination on the basis of sexual orientation," the bill says.

It also adds language requiring that the special counsel have experience related to "protecting the merit based civil service."

The Senate Homeland Security and Governmental Affairs Committee is considering a similar bill, though it has yet to schedule a hearing.

Good government groups lauded the legislation. "We may have all the frustration that Mr. Bloch has generated to thank for a thorough overhaul of the whistleblower review process," said Tom Devine, legal director of the nonprofit Government Accountability Project.

OSC will also likely face criticism from Republicans who at a prior reauthorization hearing accused Bloch of pandering to the Democrats in an investigation of alleged illegal political activity at federal agencies.

COMMENTS

• The proposed changes are significant. For example, bill S. 2057 allows for reimbursement of legal expenses as long as the whistleblower complaint is non-frivolous. Under the existing law a whistleblower has to actually win their case. This puts whistleblowers at a huge disadvantage because they risk being financially destroyed by taking on an agency. The new law also requires OSC to communicate more with whistleblowers. This was a nearly universal complaint about OSC. Those with a complaint pending before OSC or MSPB should read the full text of the bill to see how it will help them and fellow federal employees. Voltaire Posted October 15, 2007 1:56 PM
• The MSPB, and OSC have been corrupt and useless for the purpose of exposing gross fraud and other wrongdoing in the Executive Branch since their emergence from a very fetid Office of Personnel Management. All three agencies subvert and distort the letter and spirit of their legislative mandates. They are routinely complicit in blowing off and covering up misfeasance and malfeasance by exective branch managers to include prohibited personnel practices. Such behavior typically trancends both democratic and republican administrations. Any effort to rectify this problem would require dissolution of MSPB, OSC, and OPM and of their entire senior management cadre. They are generally lacking in integrity and competency and are thereby unfit for public service. Ken Huffman Posted October 11, 2007 11:49 AM
• I recently filed a case with the OSC for reprisal after I identified possible prohibited personnel practices that were occurring to the attention of my managers. With no investigation the attorney determined that the reprimand that I received later was unrelated to this disclosure. Now I have to spend thousands of dollars to have this appealed to the MSPB. As a federal employee the agencies that are tasked with protecting my rights need to function since some of my tax dollars fund them. I am thankful that Congress is reviewing their funding. Linda M. Bell Posted September 18, 2007 4:16 PM