Whistleblower Protection Act of 1987

(Reported to House from the Committee on Post Office and Civil Service with amendment, H. Rept. 100-274)

Whistleblower Protection Act of 1987 - Separates the Office of Special Counsel from the Merit Systems Protection Board. Empowers the Special Counsel to represent and act 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 Special Counsel to file a petition to the Board against an official for: (1) committing 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 disciplinary actions for such officials.

Requires the Special Counsel to report annually to the Congress on its activities.

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). Authorizes such employees to obtain judicial review of the Board's decision in the appropriate court of appeals.

Prohibits reprisals against an employee for disclosing information to the Inspector General of an agency, or the Special Counsel, or for failing to follow orders to disobey a law.

Subjects the Tennessee Valley Authority to prohibited personnel practices provisions.

Excludes the following employees from adverse action provisions: (1) positions that the President has excepted from the competitive service; (2) appointments made by the President; (3) reemployed annuitants; (4) National Guard technicians; (5) members of the Foreign Service; (6) employees of the Central Intelligence Agency, the General Accounting Office, or the Department of Medicine and Surgery of the Veterans Administration; (7) employees who are not eligible for veterans' preference in the United States Postal Service, the Postal Rate Commission, the Federal Bureau of Investigation, or the National Security Agency; and (8) aliens and noncitizens who occupy positions outside the United States.

Declares that the Board may not take into account an entitlement to an annuity in determining whether a removal case is appealable.

Provides that the following rights and remedies are not extinguished by remedies provided for prohibited personnel practices: (1) any provision of Federal law relating to Federal employees; (2) the Federal Torts Claims Act or any other authority relating to any claim against the United States if such claim is one with respect to which the U.S. Claims Court would have jurisdiction; and (3) any law providing a private right of action for any violation for civil rights.

Authorizes appropriations for the Merit Systems Protection Board for FY 1988 through 1992 and for the Office of Special Counsel for FY 1987 through 1989.