Page:United States Statutes at Large Volume 103 Part 1.djvu/44

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103 STAT. 16 PUBLIC LAW 101-12 —APR. 10, 1989 Public Law 101-12 •„>>.!.. 101st Congress ,«.. . ?^; An Act Apr. 10, 1989 To amend title 5, United States Code, to strengthen the protections available to [S. 20] Federal employees against prohibited personnel practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the Whistleblower United States of America in Congress assembled, Protection Act of 1989. SECTION 1. SHORT TITLE. 5 USC 1201 note. ^j^j^ ^^^ ^^^ ^^ ^.^^^ ^ ^j^^ "Whistleblower Protection Act of 1989". 5 USC 1201 note. SEC. 2. FINDINGS AND PURPOSE. H 1*!^ '^V >-% (a) FINDINGS. —The Congress finds that— (1) Federal employees who make disclosures described in section 2302(b)(8) of title 5, United States Code, serve the public interest by assisting in the elimination of fraud, waste, abuse, and unnecessary Government expenditures; (2) protecting employees who disclose Government illegality, waste, and corruption is a major step toward a more effective civil service; and (3) in passing the Civil Service Reform Act of 1978, Congress established the Office of Special Counsel to protect whistle- blowers (those individuals who make disclosures described in such section 2302(b)(8)) from reprisal. (b) PURPOSE. —The purpose of this Act is to strengthen and im- prove protection for the rights of Federal employees, to prevent reprisals, and to help eliminate wrongdoing within the Government by- (1) mandating that employees should not suffer adverse con- sequences as a result of prohibited personnel practices; and (2) establishing— (A) that the primary role of the Office of Special Counsel is to protect employees, especially whistleblowers, from prohibited personnel practices; (B) that the Office of Special Counsel shall act in the interests of employees who seek assistance from the Office of Special Counsel; and (C) that while disciplining those who commit prohibited personnel practices may be used as a means by which to help accomplish that goal, the protection of individuals who are the subject of prohibited personnel practices remains the paramount consideration. SEC. 3. MERIT SYSTEMS PROTECTION BOARD; OFFICE OF SPECIAL COUN- SEL; INDIVIDUAL RIGHT OF ACTION. I (a) MERIT SYSTEMS PROTECTION BOARD.— Chapter 12 of title 5, United States Code is amended— (1) in section 1201 in the second sentence by striking out "Chairman and";