Federal Merit System Reauthorization Act of 2007

* Mr. DAVIS of Illinois. Madam Speaker, I am pleased to have worked with Senator Daniel K. Akaka (D-Hawaii), Chairman of the Senate Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, on the ``Federal Merit System Reauthorization Act,'' (the Act) which reauthorizes the Office of Special Counsel (OSC) and the Merit System's Protection Board (MSPB) for three years. The shorter reauthorization period will allow Congress to review OSC's and MSPB's implementation of the new provisions in the Act before being reauthorized for a longer period of time.

* The Act provides that OSC prescribe regulations to establish responsible and professional standards for investigating complaints; maintain open and regular communications with complainants; establish an alternate dispute resolution office in the District of Columbia; and implement procedural changes to improve agency performance. The Act also establishes a process for external investigation by the President's Counsel on Integrity and Efficiency (PCIE) when an OSC employee files a complaint alleging wrongdoing by the Special Counsel or the deputy Special Counsel. The PCIE, established by Executive Order in 1992, was formed to address integrity, economy, and effectiveness issues that transcend individual Government agencies, and increase the professional and effectiveness of Inspector General Personnel throughout the Government.

* In addition, the Act clarifies that employees filing an Individual Right of Action before the MSPB (bringing a case to the MSPB if OSC has not provided relief in 120 days) need to only identify the precise personnel actions being challenged in the initial complaint to OSC and that relief was not provided by OSC. The Act provides that a complainant can file an appeal to be considered on an expedited basis if an administrative law judge denies a request to suspend/delay the alleged retaliatory action. The Act outlines procedural changes MSPB must implement to improve agency performance.

* While OSC and MSPB are required to submit annual reports to Congress on its activities, the Act increases reporting requirements for both agencies in addition to requiring OSC to survey individuals who make whistleblower disclosures to OSC.

* Employee rights have been weakened under this Administration. The ``Federal Merit System Reauthorization Act of 2007'' sends a strong message that whistleblower protection and employee rights are key elements of the federal civil service merit system and must be enforced.

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