[Congressional Record (Bound Edition), Volume 162 (2016), Part 7]
[House]
[Pages 9554-9556]
[From the U.S. Government Publishing Office, www.gpo.gov]




    THOROUGHLY INVESTIGATING RETALIATION AGAINST WHISTLEBLOWERS ACT

  Mr. BLUM. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4639) to reauthorize the Office of Special Counsel, to amend 
title 5, United States Code, to provide modifications to authorities 
relating to the Office of Special Counsel, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4639

       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 ``Thoroughly Investigating 
     Retaliation Against Whistleblowers Act''.

     SEC. 2. REAUTHORIZATION OF THE OFFICE OF SPECIAL COUNSEL.

       (a) In General.--Section 8(a)(2) of the Whistleblower 
     Protection Act of 1989 (5 U.S.C. 5509 note) is amended to 
     read as follows:
       ``(2) $24,119,000 for fiscal year 2016 and $25,735,000 for 
     each of fiscal years 2017, 2018, 2019, and 2020 to carry out 
     subchapter II of chapter 12 of title 5, United States Code 
     (as amended by this Act).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be deemed to apply beginning on October 1, 2015.

     SEC. 3. ACCESS TO AGENCY INFORMATION.

       Section 1212(b) of title 5, United States Code, is amended 
     by adding at the end the following:
       ``(5)(A) In carrying out this subchapter, the Special 
     Counsel is authorized to--
       ``(i) have access to any record or other information 
     (including a report, audit, review, document, recommendation, 
     or other material) of any agency under the jurisdiction of 
     the Office of Special Counsel, consistent with the 
     requirements of subparagraph (C); and
       ``(ii) require any employee of such an agency to provide to 
     the Office any record or other information during an 
     investigation, review, or inquiry of any agency under the 
     jurisdiction of the Office.
       ``(B) With respect to any record or other information made 
     available by an agency under this subchapter, the Office 
     shall apply a level of confidentiality to such record or 
     information at the level of confidentiality applied to the 
     record by the agency.
       ``(C) With respect to any record or other information 
     described under subparagraph (A), the Attorney General or an 
     Inspector General may withhold access to any such record or 
     other information if the disclosure could reasonably be 
     expected to interfere with an ongoing criminal investigation 
     or prosecution, but only if the Attorney General or 
     applicable agency head submits a written report to the Office 
     of Special Counsel describing the record or other information 
     withheld and the reason for the withholding.''.

     SEC. 4. WHISTLEBLOWER PROVISIONS.

       Section 1213 of title 5, United States Code, is amended--
       (1) in subsection (b), by striking ``15 days'' and 
     inserting ``45 days'';
       (2) in subsection (d)--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5)--
       (i) in the matter before subparagraph (A), by striking 
     ``such as'' and inserting ``including''; and
       (ii) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(6) if any disclosure referred to an agency head under 
     subsection (c) is substantiated in whole or in part by the 
     agency head, a detailed explanation of the failure to take 
     any action described under paragraph (5).''; and
       (3) in subsection (e), by adding at the end the following:
       ``(5) If an agency head submits a report to the Special 
     Counsel under subsection (d) that includes a description of 
     any agency action proposed to be taken as a result of the 
     investigation, the agency head shall, not later than 180 days 
     after the date of such submission, submit a supplemental 
     report to the Special Counsel stating whether any proposed 
     action has been taken, and if the action has not been taken, 
     the reason why it has not been taken.''.

     SEC. 5. TERMINATION OF CERTAIN OSC INVESTIGATIONS.

       (a) In General.--Section 1214(a) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(6)(A) Within 30 days of receiving an allegation from a 
     person under paragraph (1), the Special Counsel may terminate 
     an investigation under such paragraph with respect to the 
     allegation, without further inquiry or an opportunity for the 
     person to respond, if the Special Counsel determines that--
       ``(i) the same allegation, based on the same set of facts 
     and circumstances--
       ``(I) had previously been made by the person and previously 
     investigated by the Special Counsel; or
       ``(II) had previously been filed by the person with the 
     Merit Systems Protection Board;
       ``(ii) the Office of Special Counsel does not have 
     jurisdiction to investigate the allegation; or
       ``(iii) the person knew or should have known of the alleged 
     prohibited personnel practice earlier than the date that is 3 
     years before the date Special Counsel received the 
     allegation.
       ``(B) If the Special Counsel terminates an investigation 
     under subparagraph (A), not later than 30 days after the date 
     of such termination the Special Counsel shall provide a 
     written notification stating the basis for the termination to 
     the person who made the allegation. Paragraph (1)(D) shall 
     not apply to any termination under such subparagraph.''.
       (b) Conforming Amendments.--Section 1214 of title 5, United 
     States Code, is amended--
       (1) in subsection (a)(1)(A), by striking ``The Special 
     Counsel'' and inserting ``Except as provided in paragraph 
     (6), the Special Counsel''; and
       (2) in subsection (a)(1)(C), in the matter before clause 
     (i), by inserting ``or paragraph (6)'' after ``paragraph 
     (2)''.

     SEC. 6. REPORTING REQUIREMENTS.

       (a) OSC Annual Report to Congress.--Section 1218 of title 
     5, United States Code, is amended to read as follows:

     ``Sec. 1218. Annual report

       ``(a) The Special Counsel shall submit an annual report to 
     Congress on the activities of the Special Counsel. Any such 
     report shall include--
       ``(1) the number, types, and disposition of allegations of 
     prohibited personnel practices filed with the Special 
     Counsel, and the cost of allegations so disposed of;
       ``(2) the number of investigations conducted by the Special 
     Counsel;
       ``(3) the number of stays or disciplinary actions 
     negotiated by the Special Counsel with agencies;
       ``(4) the number of cases in which the Special Counsel did 
     not make a determination whether there are reasonable grounds 
     to believe that a prohibited personnel practice

[[Page 9555]]

     has occurred, exists, or is to be taken within the 240-day 
     period specified in section 1214(b)(2)(A)(i);
       ``(5) a description of the recommendations and reports made 
     by the Special Counsel to other agencies pursuant to this 
     subchapter, and the actions taken by the agencies as a result 
     of the reports or recommendations;
       ``(6) the number of--
       ``(A) actions initiated before the Merit Systems Protection 
     Board, including the number of corrective action petitions 
     and disciplinary action complaints so initiated; and
       ``(B) stays and stay extensions obtained from the Board; 
     and
       ``(7) the number of prohibited personnel practice 
     complaints that result in--
       ``(A) a favorable action for the complainant, categorized 
     by actions with respect to whistleblower reprisal cases and 
     all other cases; and
       ``(B) a favorable outcome for the complainant, categorized 
     by outcomes with respect to whistleblower reprisal cases and 
     all other cases.
       ``(b) The report required by subsection (a) shall include 
     whatever recommendations for legislation or other action by 
     Congress the Special Counsel may consider appropriate.''.
       (b) OSC Public Information.--Section 1219(a)(1) of title 5, 
     United States Code, is amended to read as follows:
       ``(1) a list of any noncriminal matter referred to an 
     agency head under section 1213(c), together with--
       ``(A) the applicable transmittal of the matter to the 
     agency head under section 1213(c)(1);
       ``(B) any report from agency head under section 
     1213(c)(1)(B) relating to such matter;
       ``(C) if appropriate, not otherwise prohibited by law, and 
     with the consent of the complainant, any comments from the 
     complainant under section 1213(e)(1) relating to the matter; 
     and
       ``(D) the Special Counsel's comments or recommendations 
     under section 1213(e)(3) or (4) relating to the matter;''.

     SEC. 7. ESTABLISHMENT OF SURVEY PILOT PROGRAM.

       (a) In General.--The Office of Special Counsel shall design 
     and establish a survey pilot program under which the Office 
     shall conduct, with respect to fiscal years 2017 and 2018, a 
     survey of individuals who have filed a complaint or 
     disclosure with the Office. The survey shall be designed to 
     gather responses from the individuals for the purpose of 
     collecting information and improving customer service at 
     various stages of the review or investigative process. The 
     results of the survey shall be published in the annual report 
     of the Office.
       (b) Suspension of Other Surveys.--During fiscal years 2017 
     and 2018, section 13 of Public Law 103-424 shall have no 
     force or effect.

     SEC. 8. PENALTIES UNDER THE HATCH ACT.

       (a) In General.--Section 7326 of title 5, United States 
     Code, is amended to read as follows:

     ``Sec. 7326. Penalties

       ``An employee or individual who violates section 7323 or 
     7324 shall be subject to--
       ``(1) disciplinary action consisting of removal, reduction 
     in grade, debarment from Federal employment for a period not 
     to exceed 5 years, suspension, or reprimand;
       ``(2) an assessment of a civil penalty not to exceed 
     $1,000; or
       ``(3) any combination of the penalties described in 
     paragraph (1) or (2).''.
       (b) Application.--The amendment made by subsection (a) 
     shall apply to any violation of section 7323 or 7324 of title 
     5, United States Code, occurring after the date of enactment 
     of this Act.

     SEC. 9. REGULATIONS.

       Not later than two years after the date of enactment of 
     this Act, the Special Counsel shall prescribe such 
     regulations as may be necessary to perform the functions of 
     the Special Counsel under subchapter II of chapter 12 of 
     title 5, United States Code, including regulations necessary 
     to carry out sections 1213, 1214, and 1215 of such title, and 
     any functions required due to the amendments made by this 
     Act. Such regulations shall be published in the Federal 
     Register.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Iowa (Mr. Blum) and the gentlewoman from Michigan (Mrs. Lawrence) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Iowa.


                             General Leave

  Mr. BLUM. 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 bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Iowa?
  There was no objection.
  Mr. BLUM. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of my bill, H.R. 4639, the Thoroughly 
Investigating Retaliation Against Whistleblowers Act.
  This is a bill to reauthorize the Office of Special Counsel, or OSC, 
over the next 5 years. The bipartisan legislation was passed 
unanimously out of the Oversight and Government Reform Committee. It 
also has the support of the whistleblower community.
  Mr. Speaker, OSC is tasked with a variety of responsibilities, 
including policing whistleblower retaliation across the entire 
executive branch, an immense responsibility.
  OSC's last reauthorization expired in 2007, so this bill is long 
overdue.
  In addition to reauthorizing the agency, this bill aims to give OSC 
the tools it needs to continue the good work it is already doing. For 
example, this legislation would ensure that OSC has the access to 
agency records that it needs. Agencies should not be able to stonewall 
OSC to stop the Special Counsel from investigating retaliation within 
their agency.
  Like inspectors general, OSC must have access to agency information 
in order to properly conduct the duties they are charged with by 
Congress. OSC is part of the executive branch, just the same as the 
agencies that Special Counsel oversees, so those agencies should not be 
able to invoke legal privileges to withhold information. Take the 
attorney-client privilege as an example. These agencies all represent 
the same client--the Federal Government--which works for the taxpayer.
  Mr. Speaker, the bill also allows OSC to use a simplified process to 
close out duplicate complaints so it can focus its resources on new 
whistleblower allegations. It puts a statute of limitations on 
whistleblower retaliation cases of 3 years, after which documents and 
witness recollections can be hard to obtain. These steps will help to 
improve the efficiency and effectiveness of OSC operations.
  Mr. Speaker, OSC has an immensely important role to play in 
protecting whistleblowers, helping to root out waste, fraud, and abuse. 
I believe this bill will be good for the agency and good for the 
whistleblowers that they are charged to protect.
  I urge that we pass it here in the House of Representatives.
  I reserve the balance of my time.
  Mrs. LAWRENCE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in strong support of H.R. 4639, a bill to 
reauthorize the Office of Special Counsel.
  I thank Ranking Member Cummings and Representatives Connolly, Blum, 
and Meadows for their leadership in crafting this bipartisan bill.
  While the Office of Special Counsel plays a vital role in the Federal 
Government, the Office of Special Counsel, or OSC, protects Federal 
employees, especially whistleblowers, from prohibited personnel 
practices, such as discrimination, retaliation, and improper hiring 
practices.
  OSC also serves as a safe place for Federal whistleblowers to 
disclose wrongdoings. The agency also safeguards the preference and 
employment rights of veterans, guardsmen, and reservists to ensure that 
they are not disadvantaged or discriminated against because of their 
service.
  Reauthorization of OSC is long overdue. The last statutory 
authorization for the agency expired in fiscal year 2007. This bill 
will authorize nearly $26 million in annual funding for OSC for the 
fiscal years 2017 through 2020.
  I commend current Special Counsel, Carolyn Lerner, for her leadership 
and work in making the OSC a more effective investigative body.
  This bill would make changes that would help OSC conduct 
investigations and hold agencies accountable when wrongdoing is 
identified. For example, the bill would provide OSC with clear 
authority to obtain information from agencies during an investigation. 
Providing this authority to OSC would make clear that agencies must 
cooperate in the same way Congress expects agencies to cooperate with 
the inspectors general and GAO.
  If disclosing certain information could interfere with an ongoing 
criminal investigation or prosecution, this measure would allow the 
attorney general or an inspector general to withhold access to such 
information.

[[Page 9556]]

  This bill would also increase agency accountability when allegations 
of misconduct are substantiated. Agencies that fail to implement a 
recommendation made by OSC will be required to explain why they have 
failed to take such actions.
  This legislation is critically important for ensuring that Federal 
employees have a venue for seeking redress against prohibited personnel 
practices.
  I urge my colleagues to join me in supporting passage of this 
legislation.
  I yield back the balance of my time.
  Mr. BLUM. Mr. Speaker, I urge adoption of the bill.
  I yield back the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I am proud to be a cosponsor of this 
legislation to reauthorize the Office of Special Counsel. I thank 
Representatives Blum, Connolly, and Meadows, as well as Chairman 
Chaffetz, for working with me in such a bipartisan way on this 
legislation.
  As my colleagues know, one of my top priorities as Ranking Member of 
the Oversight Committee is the protection of federal employees from 
discrimination and retaliation.
  The Office of Special Counsel plays an especially important role in 
ensuring that the work environment of federal employees is free of such 
prohibited personnel practices. OSC's last reauthorization ended in 
2007. It is unacceptable that OSC still hasn't been authorized nearly 
ten years later.
  This legislation would reauthorize OSC through 2020, and it would 
make changes to help OSC be more effective. For example, it would make 
clear that OSC is entitled to access agency information in its 
investigations.
  This bill would also allow OSC to hold agencies more accountable for 
whistleblower retaliation. Under the bill, if an agency substantiates a 
whistleblower disclosure from OSC but fails to take a recommended 
corrective action, the agency must explain why it failed to take the 
action. This legislation would strengthen the tools available to OSC 
for addressing and correcting retaliation and discrimination in the 
federal workplace.
  I ask that my colleagues join me in supporting passage of H.R. 4639.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Iowa (Mr. Blum) that the House suspend the rules and 
pass the bill, H.R. 4639, 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.

                          ____________________