[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4680 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4680

To amend title 5, United States Code, to provide sanctions and remedies 
 for violations of the right of executive branch employees to provide 
   information to the Congress and its committees, and to amend the 
  Inspector General Act of 1978 to provide protections for executive 
   branch employees who provide information to an Inspector General.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 1994

Mr. Spratt (for himself and Mr. Conyers) introduced the following bill; 
 which was referred jointly to the Committees on Post Office and Civil 
                   Service and Government Operations

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to provide sanctions and remedies 
 for violations of the right of executive branch employees to provide 
   information to the Congress and its committees, and to amend the 
  Inspector General Act of 1978 to provide protections for executive 
   branch employees who provide information to an Inspector General.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Whistleblower Protection Enhancement 
Act of 1994''.

SEC. 2. SANCTIONS AND REMEDIES.

    (a) Prohibited Personnel Practice.--
            (1) In general.--Section 2302(b)(8) of title 5, United 
        States Code, is amended--
                    (A) in subparagraph (A) by striking ``or'' after 
                the semicolon;
                    (B) in subparagraph (B) by inserting ``or'' after 
                the semicolon; and
                    (C) by adding at the end the following:
                    ``(C) any disclosure of information to either House 
                of Congress, or to a committee or Member thereof, by an 
                employee which the employee reasonably believes 
                evidences--
                            ``(i) a violation of any law, rule, or 
                        regulation, or
                            ``(ii) gross mismanagement, a gross waste 
                        of funds, an abuse of authority, or a 
                        substantial and specific danger to public 
                        health or safety;''.
            (2) Applicability.--Section 2302 of title 5, United States 
        Code, is amended by adding at the end the following:
    ``(e) For purposes of subsection (b)(8)(C)--
            ``(1) the definition of `covered position' under subsection 
        (a)(2)(B) shall be considered to be any position in the 
        executive branch; and
            ``(2) the definition of `agency' under subsection (a)(2)(C) 
        shall be considered to include a Government corporation.''.
    (b) Coordination Provision.--Section 7211 of title 5, United States 
Code, is amended by adding at the end the following: ``Any such 
interference or denial may constitute a prohibited personnel practice 
described in section 2302(b)(8)(C).''.

SEC. 3. WHISTLEBLOWER PROTECTIONS FOR EMPLOYEES PROVIDING INFORMATION 
              TO INSPECTORS GENERAL.

    (a) Unauthorized Disclosure of Whistleblower's Identity Not 
Permitted.--
            (1) In general.--Section 7(b) of the Inspector General Act 
        of 1978 (5 U.S.C. App.) is amended by striking ``employee, 
        unless'' through the period and inserting ``employee, except in 
        accordance with a request of the Attorney General for the 
        purpose of a criminal investigation.''.
            (2) Remedy.--Section 7(b) of that Act, as amended by 
        paragraph (1), is further amended--
                    (A) by striking ``(b)'' and inserting ``(b)(1)''; 
                and
                    (B) by adding at the end the following:
    ``(2)(A) As used in this paragraph, the term `Special Counsel' 
means the Special Counsel under subchapter II of chapter 12 of title 5, 
United States Code.
    ``(B) The Special Counsel may--
            ``(i) investigate any alleged violation of paragraph (1); 
        and
            ``(ii) if the Special Counsel determines that there is 
        reason to believe that such a violation has occurred, seek 
        disciplinary action under section 1215 of title 5, United 
        States Code, in the same manner as if it were a matter referred 
        to in subsection (a)(1)(B) of such section.''.
    (b) Notification Requirement.--Section 7 of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended by adding at the end the 
following:
    ``(d) The Inspector General shall ensure, at the time of receiving 
any complaint or information from an employee, that such employee is 
fully aware of any rights or remedies afforded such employee under--
            ``(1) subsections (b) and (c);
            ``(2) title 5, United States Code, with respect to a 
        prohibited personnel practice described in paragraph (8) or 
        (11) of section 2302(b) of such title (including the 
        investigative duties of the Office of Special Counsel);
            ``(3) sections 3729 through 3731 of title 31, United States 
        Code (popularly known as the `False Claims Act'); and
            ``(4) any other authority by virtue of the complaint made 
        or information disclosed by such employee.
    ``(e)(1) If an Inspector General has information that might be 
evidence of an action or an intent to take an action described in 
paragraph (2) against an employee who provided information to an 
Inspector General, the Inspector General shall within a reasonable time 
disclose that information to the employee.
    ``(2) The action referred to paragraph (1) is any action that is in 
violation of subsection (c) or a prohibited personnel practice 
described in paragraph (8) or (11) of section 2303 of title 5, United 
States Code.''.
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