Whistleblower Protection Act of 1989

Summary

Whistleblower Protection Act of 1989 - Separates the Office of Special Counsel from the Merit Systems Protection Board. Empowers the Special Counsel to represent and act as legal counsel on behalf of employees alleging prohibited personnel practices, especially whistleblowers. Revises current law with respect to the Special Counsel to reflect its advocate status. Authorizes the Board to grant protective orders to protect a witness or other individual from harassment either during a proceeding before the Board or during a Special Counsel investigation. Requires the Board, when it considers alternative places for conducting hearings or proceedings, to select the place closest to the location of the individual involved, unless the total administrative costs to the Government in conducting such hearings or proceedings would be less elsewhere. Authorizes the Special Counsel to file a petition to the Board against an official for: (1) engaging in prohibited personnel practices; (2) violating a law within the jurisdiction of the Special Counsel; or (3) failing to comply with an order of the Board. Sets forth procedures for disciplining such officials. Prohibits the Special Counsel from intervening in cases without the employee's consent, except: (1) where the employee is charged with a prohibited personnel practice; or (2) where the Special Counsel allows an agency to take disciplinary action against an employee under Special Counsel investigation. Prohibits the Special Counsel from providing information concerning any person making an allegation of a prohibited personnel practice, except in accordance with applicable law, without the consent of such person. Prescribes procedures for the Special Counsel when disclosures are made by persons other than an employee, former employee, applicant for employment, or employee who obtained information in connection with official duties. Requires the Special Counsel to report annually to the Congress on its activities. Establishes requirements for the Special Counsel to make public certain information, including noncriminal matters. Authorizes employees who have been adversely affected by a prohibited personnel practice to bring an action before the Board (instead of or in addition to taking such action to the Special Counsel). Prohibits reprisals against an employee for disclosing information to the Inspector General of an agency or to the Special Counsel, or for failing to follow orders to disobey a law. Authorizes Federal agencies to give preference in granting transfers to whistleblowers. Provides interim relief for certain appellants to the Board. Authorizes appropriations for the Merit Systems Protection Board for FY 1989 through 1993 and for the Office of Special Counsel for FY 1989 through 1991. Provides that the relevant agency shall be named respondent in employee appeals of Board decisions where the appeal involves the underlying personnel action or a request for attorney fees.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 25 January 1989

   Introduced

   Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

   Source: Calendars

2. 25 January 1989

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 16 March 1989

   Vote

   Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 97-0. Record Vote No: 24.

   Source: Floor

4. 16 March 1989

   Floor

   Measure laid before Senate by unanimous consent.

   Source: Floor

5. 21 March 1989

   Passed

   Motion to reconsider laid on the table Agreed to without objection.

   Source: Floor

6. 21 March 1989

   Passed

   On motion to suspend the rules and pass the bill Agreed to by voice vote.

   Source: Floor

7. 21 March 1989

   Passed

   Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.

   Source: Floor

8. 21 March 1989

   Floor

   DEBATE - The House proceeded with forty minutes of debate.

   Source: Floor

9. 21 March 1989

   Passed

   On ordering a second Agreed to without objection.

   Source: Floor

10. 21 March 1989

    Floor

    Considered under suspension of the rules.

    Source: Floor

11. 21 March 1989

    Floor

    Mr. Horton demanded a second on the motion to suspend the rules.

    Source: Floor

12. 21 March 1989

    Floor

    Mr. Sikorski moved to suspend the rules and pass the bill.

    Source: Floor

13. 21 March 1989

    Floor

    Message on Senate action sent to the House.

    Source: Floor

14. 21 March 1989

    Floor

    Received in the House.

    Source: Floor

15. 21 March 1989

    Floor

    Held at the desk.

    Source: Floor

16. 27 March 1989

    Floor

    Measure Signed in Senate.

    Source: Floor

17. 3 April 1989

    President

    Presented to President.

    Source: President

18. 3 April 1989

    Floor

    Presented to President.

    Source: Floor

19. 10 April 1989

    Became law

    Became Public Law No: 101-12.

    Source: President

20. 10 April 1989

    President

    Signed by President.

    Source: President

21. 10 April 1989

    Became law

    Signed by President.

    Source: BecameLaw

Votes

Versions

• Enrolled Bill · undated · Official file
• Engrossed in Senate · undated · Official file
• Introduced in Senate · undated · Official file

Documents

6 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

  ViewDownloadOpen at official source

• Engrossed in Senate (text)

  Engrossed in Senate · EN

  ViewDownloadOpen at official source

• Enrolled Bill (text)

  Enrolled Bill · EN

  ViewDownloadOpen at official source

• Public Law (PDF)

  Public Law · EN · 11 April 1989

  ViewDownloadOpen at official source

• Passed Senate amended

  summary · EN · 16 March 1989

  Open at official source

• Introduced in Senate

  summary · EN · 25 January 1989

  Open at official source

Sponsors

• Sen. Levin, Carl [D-MI] · D · Sponsor
• Chuck Grassley · R · Sponsor
• Sen. Pryor, David H. [D-AR] · D · Sponsor
• Sen. Glenn, John H., Jr. [D-OH] · D · Sponsor
• Rep. Cohen, William S. [R-ME-2] · R · Sponsor
• Sen. Nunn, Sam [D-GA] · D · Sponsor
• Sen. Roth Jr., William V. [R-DE] · R · Sponsor
• Sen. Sasser, Jim [D-TN] · D · Sponsor
• Sen. Bingaman, Jeff [D-NM] · D · Sponsor
• Sen. Kohl, Herb [D-WI] · D · Sponsor
• Sen. Lieberman, Joseph I. [D-CT] · D · Sponsor
• Sen. Metzenbaum, Howard M. [D-OH] · D · Sponsor
• Sen. Durenberger, Dave [R-MN] · R · Sponsor
• Sen. Riegle, Donald W., Jr. [D-MI] · D · Sponsor
• Sen. Sarbanes, Paul S. [D-MD] · D · Sponsor
• Rep. Adams, Brock [D-WA-7] · D · Sponsor
• Sen. Burdick, Quentin N. [D-ND] · D · Sponsor
• Sen. Moynihan, Daniel Patrick [D-NY] · D · Sponsor
• Sen. Boren, David L. [D-OK] · D · Sponsor
• Sen. Matsunaga, Spark M. [D-HI] · D · Sponsor
• Rep. Wirth, Timothy [D-CO-2] · D · Sponsor
• Sen. DeConcini, Dennis [D-AZ] · D · Sponsor
• Sen. Kennedy, Edward M. [D-MA] · D · Sponsor
• Sen. Mitchell, George J. [D-ME] · D · Sponsor
• Sen. Gore, Albert, Jr. [D-TN] · D · Cosponsor
• Sen. Rockefeller, John D., IV [D-WV] · D · Cosponsor
• Rep. Simon, Paul [D-IL-24] · D · Cosponsor
• Sen. Conrad, Kent [D-ND] · D · Cosponsor
• Sen. Kerry, John F. [D-MA] · D · Cosponsor
• Sen. Bentsen, Lloyd M. [D-TX] · D · Cosponsor
• Sen. Warner, John [R-VA] · R · Cosponsor
• Sen. Wilson, Pete [R-CA] · R · Cosponsor
• Sen. Thurmond, Strom [R-SC] · R · Cosponsor

Related records

• related to → Whistleblower Protection Act of 1989