[Congressional Record Volume 165, Number 26 (Monday, February 11, 2019)]
[House]
[Pages H1499-H1500]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ALLOWING WHISTLEBLOWERS TO DISCLOSE INFORMATION TO CERTAIN RECIPIENTS
Ms. HILL of California. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1064) to amend title 5, United States Code, to
allow whistleblowers to disclose information to certain recipients, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1064
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. RECIPIENTS OF WHISTLEBLOWER DISCLOSURES.
Section 2302(b)(8)(B) of title 5, United States Code, is
amended by striking ``or to the Inspector'' and all that
follows through ``such disclosures'' and inserting ``the
Inspector General of an agency, a supervisor in the
employee's direct chain of command up to and including the
head of the employing agency, or to an employee designated by
any of the aforementioned individuals for the purpose of
receiving such disclosures''.
SEC. 2. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Hill) and the gentleman from North Carolina (Mr.
Meadows) each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. HILL of California. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on the measure before us.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. HILL of California. Mr. Speaker, I yield myself such time as I
may consume.
I introduced this bill, along with the distinguished Congressman from
North Carolina, Mr. Mark Meadows, to make it easier for whistleblowers
to disclose wrongdoing. This bill would protect whistleblowers who
report waste, fraud, or abuse, to their supervisors at a government
agency.
Under current law, an employee would not be protected from
retaliation for disclosing information to a supervisor, even if the
employee reasonably believes it is necessary to expose a violation of a
law, rule, or regulation. A whistleblower is currently only protected
by law if they make their disclosures to the Office of Special Counsel,
an Inspector General, Congress, the head of the whistleblower's agency,
or an employee designated by the head of the agency.
Under this bill, an employee who is covered by the Whistleblower
Protection Act could report alleged misconduct to any supervisor in
their direct chain of command. This sensible change in law would allow
employees to provide evidence of wrongdoing to a supervisor instead of
requiring employees to report all the way up to the head of an agency
or an inspector general.
This change in the law would protect employees who use the proper
channels at their agency to report waste, fraud, and abuse. Employees
in the intelligence community already have these whistleblower
protections as a result of a Presidential policy directive issued in
2012. This bill would ensure that all federal employees have the same
protections as whistleblowers in the intelligence community.
I urge my colleagues to support this important bill, and I reserve
the balance of my time.
Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 1064, and I want to thank the gentlewoman
from California for her leadership on this effort. Any time that you
support whistleblowers, it is a good day in Congress; and to do that a
bipartisan way, with
[[Page H1500]]
the gentlewoman's leadership, is certainly a day that should be
applauded. I thank the gentlewoman for her leadership.
Whistleblowers in the Federal Government should be able to tell their
supervisor when something is going wrong. That is the truth, no matter
what, especially in cases involving classified information which
implies, Mr. Speaker, that it is a matter of national security.
Under the current law, whistleblowers dealing with classified
information in the intelligence community can make protected
disclosures to their supervisors. However, whistleblowers dealing with
classified information outside of the intelligence community do not
have the same protection.
With fewer legally-protected options, employees outside of the
intelligence community may be more likely to make an illegal disclosure
to people or entities without the proper security clearance.
Federal employees dealing with classified information outside of the
IC community must be reassured that they can report wrongdoing to the
appropriate people, including their supervisors.
With that protection, whistleblowers will be less likely to disclose
protected sensitive information on waste, fraud, and abuse to the media
or other entities or individuals without the proper security clearance.
This bill would allow whistleblowers to make protected disclosures of
classified information to individuals within their chain of command, as
the gentlewoman has already suggested.
There are very few conceivable circumstances in which a whistleblower
complaint to a supervisor would jeopardize national security, but such
disclosures are not currently protected.
There is no reasonable basis for concern about whistleblowers
throughout the Federal Government having the right to contact
individuals within their chain of command about waste, fraud, or abuse
of a classified nature. These additional whistleblower protections will
make it easier for Federal employees to do the responsible thing when
it comes to classified disclosures.
I urge my colleagues to support this. I thank the gentlewoman for her
leadership, and I yield back the balance of my time.
Ms. HILL of California. Mr. Speaker, I urge passage of H.R. 1064, as
amended, and I yield back the balance of my time
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Hill) that the House suspend the rules
and pass the bill, H.R. 1064, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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