[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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