Whistleblower Protection Act of 1982

Summary

Whistleblower Protection Act of 1982 - Abolishes the Special Counsel of the Merit Systems Protection Board. Assigns to the Board certain responsibilities of the Special Counsel concerning the transmission, investigation, and publication of information disclosed by a Federal employee or applicant evidencing a violation of law, mismanagement, waste of funds, abuse of authority, or a danger to public health or safety. Permits a person claiming to be aggrieved by a prohibited personnel practice to: (1) bring a civil action in a U.S. district court against the employee or agency involved (respondent); or (2) seek corrective action through the Board. Prohibits a respondent from taking any personnel action with respect to the employee bringing the civil action pending final disposition of the civil action without the approval of the court or the Board, unless the employee consents to such personnel action. Permits the court or the Board, upon application, to grant temporary or preliminary relief pending final disposition of the civil action. Authorizes the court, upon finding that the respondent has conducted a prohibited personnel practice, to: (1) issue an injunction against such practice and grant appropriate equitable or declaratory relief; and (2) take specified disciplinary action against the employee respondent. Provides for: (1) the appeal of such civil actions to the U.S. courts of appeals; and (2) the payment of attorney fees by the respondent to the person bringing the action if such person prevails. Authorizes the Board, upon finding that a respondent has conducted a prohibited personnel practice, to: (1) order corrective action; and (2) take specified disciplinary action against the employee respondent. Allows persons claiming to be aggrieved by actions alleged to be part of a pattern of prohibited personnel practices to seek corrective action from the Board. Directs the Office of Personnel Management (OPM) to investigate and order corrective action for any prohibited personnel practice conducted by an agency or agency employee. Transfers to the Director of the OPM all investigatory functions of the Special Counsel concerning allegations of: (1) prohibited political activities by Federal, State, or local government employees; (2) arbitrary or capricious withholding of information in violation of the Freedom of Information Act; (3) activities prohibited by any civil service law; or (4) discrimination in any personnel action. Authorizes any individual to bring such an allegation to the Director and, if the Director doesn't initiate an action within 60 days, to the Board.

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1 official file

• Introduced in House

  summary · EN · 17 May 1982

  Open at official source

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