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Union Calendar No. 401 

114TH CONGRESS 

2D SESSION H. R. 4639 

[Report No. 114–521] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2016 

Mr. BLUM (for himself and Mr. MEADOWS) introduced the following bill; 

which was referred to the Committee on Oversight and Government Reform 

APRIL 25, 2016 

Additional sponsors: Mr. CONNOLLY and Mr. CUMMINGS

APRIL 25, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Insert the part printed in italic] 

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A BILL 

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. 

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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Thoroughly Inves5 tigating Retaliation Against Whistleblowers Act’’. 

6 SEC. 2. REAUTHORIZATION OF THE OFFICE OF SPECIAL 

7 COUNSEL. 

8 (a) IN GENERAL.—Section 8(a)(2) of the Whistle9 blower Protection Act of 1989 (5 U.S.C. 5509 note) is 

10 amended by striking ‘‘2003, 2004, 2005, 2006, and 2007’’ 

11 and inserting ‘‘2016, 2017, 2018, 2019, and 2020’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall be deemed to apply beginning on Octo14 ber 1, 2015. 

15 SEC. 3. ACCESS TO AGENCY INFORMATION. 

16 Section 1212(b) of title 5, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(5)(A) In carrying out this subchapter, the Special 

19 Counsel is authorized to— 

20 ‘‘(i) have access to any record or other informa21 tion (including a report, audit, review, document, 

22 recommendation, or other material) of any agency 

23 under the jurisdiction of the Office of Special Coun24 sel; and 

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1 ‘‘(ii) require any employee of such an agency to 

2 provide to the Office any record or other information 

3 during an investigation, review, or inquiry of any 

4 agency under the jurisdiction of the Office. 

5 ‘‘(B) With respect to any record or other information 

6 made available by an agency under this subchapter, the 

7 Office shall apply a level of confidentiality to such record 

8 or information at the level of confidentiality applied to the 

9 record by the agency.’’. 

10 SEC. 4. WHISTLEBLOWER PROVISIONS. 

11 Section 1213 of title 5, United States Code, is 

12 amended— 

13 (1) in subsection (b), by striking ‘‘15 days’’ and 

14 inserting ‘‘45 days’’; 

15 (2) in subsection (d)— 

16 (A) in paragraph (4), by striking ‘‘and’’ at 

17 the end; 

18 (B) in paragraph (5)— 

19 (i) in the matter before subparagraph 

20 (A), by striking ‘‘such as’’ and inserting 

21 ‘‘including’’; and 

22 (ii) in subparagraph (D), by striking 

23 the period at the end and inserting ‘‘; 

24 and’’; and 

25 (C) by adding at the end the following: 

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1 ‘‘(6) if any disclosure referred to an agency 

2 head under subsection (c) is substantiated in whole 

3 or in part by the agency head, a detailed explanation 

4 of the failure to take any action described under 

5 paragraph (5).’’; and 

6 (3) in subsection (e), by adding at the end the 

7 following: 

8 ‘‘(5) If an agency head submits a report to the Spe9 cial Counsel under subsection (d) that includes a descrip10 tion of any agency action proposed to be taken as a result 

11 of the investigation, the agency head shall, not later than 

12 180 days after the date of such submission, submit a sup13 plemental report to the Special Counsel stating whether 

14 any proposed action has been taken, and if the action has 

15 not been taken, the reason why it has not been taken.’’. 

16 SEC. 5. TERMINATION OF CERTAIN OSC INVESTIGATIONS. 

17 (a) IN GENERAL.—Section 1214(a) of title 5, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘(6)(A) Within 30 days of receiving an allegation 

21 from a person under paragraph (1), the Special Counsel 

22 may terminate an investigation under such paragraph 

23 with respect to the allegation, without further inquiry or 

24 an opportunity for the person to respond, if the Special 

25 Counsel determines that— 

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1 ‘‘(i) the same allegation, based on the same set 

2 of facts and circumstances— 

3 ‘‘(I) had previously been made by the per4 son and previously investigated by the Special 

5 Counsel; or 

6 ‘‘(II) had previously been filed by the per7 son with the Merit Systems Protection Board; 

8 ‘‘(ii) the Office of Special Counsel does not have 

9 jurisdiction to investigate the allegation; or 

10 ‘‘(iii) the person knew or should have known of 

11 the alleged prohibited personnel practice earlier than 

12 the date that is 3 years before the date Special 

13 Counsel received the allegation. 

14 ‘‘(B) If the Special Counsel terminates an investiga15 tion under subparagraph (A), not later than 30 days after 

16 the date of such termination the Special Counsel shall pro17 vide a written notification stating the basis for the termi18 nation to the person who made the allegation. Paragraph 

19 (1)(D) shall not apply to any termination under such sub20 paragraph.’’. 

21 (b) CONFORMING AMENDMENTS.—Section 1214 of 

22 title 5, United States Code, is amended— 

23 (1) in subsection (a)(1)(A), by striking ‘‘The 

24 Special Counsel’’ and inserting ‘‘Except as provided 

25 in paragraph (6), the Special Counsel’’; and 

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1 (2) in subsection (a)(1)(C), in the matter before 

2 clause (i), by inserting ‘‘or paragraph (6)’’ after 

3 ‘‘paragraph (2)’’. 

4 SEC. 6. REPORTING REQUIREMENTS. 

5 (a) OSC ANNUAL REPORT TO CONGRESS.—Section 

6 1218 of title 5, United States Code, is amended to read 

7 as follows: 

8 ‘‘§ 1218. Annual report 

9 ‘‘(a) The Special Counsel shall submit an annual re10 port to Congress on the activities of the Special Counsel. 

11 Any such report shall include— 

12 ‘‘(1) the number, types, and disposition of alle13 gations of prohibited personnel practices filed with 

14 the Special Counsel, and the cost of allegations so 

15 disposed of; 

16 ‘‘(2) the number of investigations conducted by 

17 the Special Counsel; 

18 ‘‘(3) the number of stays or disciplinary actions 

19 negotiated by the Special Counsel with agencies; 

20 ‘‘(4) the number of cases in which the Special 

21 Counsel did not make a determination whether there 

22 are reasonable grounds to believe that a prohibited 

23 personnel practice has occurred, exists, or is to be 

24 taken within the 240-day period specified in section 

25 1214(b)(2)(A)(i); 

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1 ‘‘(5) a description of the recommendations and 

2 reports made by the Special Counsel to other agen3 cies pursuant to this subchapter, and the actions 

4 taken by the agencies as a result of the reports or 

5 recommendations; 

6 ‘‘(6) the number of— 

7 ‘‘(A) actions initiated before the Merit Sys8 tems Protection Board, including the number of 

9 corrective action petitions and disciplinary ac10 tion complaints so initiated; and 

11 ‘‘(B) stays and stay extensions obtained 

12 from the Board; and 

13 ‘‘(7) the number of prohibited personnel prac14 tice complaints that result in— 

15 ‘‘(A) a favorable action for the complain16 ant, categorized by actions with respect to whis17 tleblower reprisal cases and all other cases; and 

18 ‘‘(B) a favorable outcome for the complain19 ant, categorized by outcomes with respect to 

20 whistleblower reprisal cases and all other cases. 

21 ‘‘(b) The report required by subsection (a) shall in22 clude whatever recommendations for legislation or other 

23 action by Congress the Special Counsel may consider ap24 propriate.’’. 

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1 (b) OSC PUBLIC INFORMATION.—Section 1219(a)(1) 

2 of title 5, United States Code, is amended to read as fol3 lows: 

4 ‘‘(1) a list of any noncriminal matter referred 

5 to an agency head under section 1213(c), together 

6 with— 

7 ‘‘(A) the applicable transmittal of the mat8 ter to the agency head under section 

9 1213(c)(1); 

10 ‘‘(B) any report from agency head under 

11 section 1213(c)(1)(B) relating to such matter; 

12 ‘‘(C) if appropriate, not otherwise prohib13 ited by law, and with the consent of the com14 plainant, any comments from the complainant 

15 under section 1213(e)(1) relating to the matter; 

16 and 

17 ‘‘(D) the Special Counsel’s comments or 

18 recommendations under section 1213(e)(3) or 

19 (4) relating to the matter;’’. 

20 SEC. 7. ESTABLISHMENT OF SURVEY PILOT PROGRAM. 

21 (a) IN GENERAL.—The Office of Special Counsel 

22 shall design and establish a survey pilot program under 

23 which the Office shall conduct, with respect to fiscal years 

24 2017 and 2018, a survey of individuals who have filed a 

25 complaint or disclosure with the Office. The survey shall 

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1 be designed to gather responses from the individuals for 

2 the purpose of collecting information and improving cus3 tomer service at various stages of the review or investiga4 tive process. The results of the survey shall be published 

5 in the annual report of the Office. 

6 (b) SUSPENSION OF OTHER SURVEYS.—During fiscal 

7 years 2017 and 2018, section 13 of Public Law 103–424 

8 shall have no force or effect. 

9 SEC. 8. PENALTIES UNDER THE HATCH ACT. 

10 (a) IN GENERAL.—Section 7326 of title 5, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 7326. Penalties 

13 ‘‘An employee or individual who violates section 7323 

14 or 7324 shall be subject to— 

15 ‘‘(1) disciplinary action consisting of removal, 

16 reduction in grade, debarment from Federal employ17 ment for a period not to exceed 5 years, suspension, 

18 or reprimand; 

19 ‘‘(2) an assessment of a civil penalty not to ex20 ceed $1,000; or 

21 ‘‘(3) any combination of the penalties described 

22 in paragraph (1) or (2).’’. 

23 (b) APPLICATION.—The amendment made by sub24 section (a) shall apply to any violation of section 7323 or 

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1 7324 of title 5, United States Code, occurring after the 

2 date of enactment of this Act. 

3 SEC. 9. REGULATIONS. 

4 Not later than two years after the date of enactment 

5 of this Act, the Special Counsel shall prescribe such regula6 tions as may be necessary to perform the functions of the 

7 Special Counsel under subchapter II of chapter 12 of title 

8 5, United States Code, including regulations necessary to 

9 carry out sections 1213, 1214, and 1215 of such title, and 

10 any functions required due to the amendments made by this 

11 Act. Such regulations shall be published in the Federal Reg12 ister. 

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Union Calendar No. 401 

114TH CONGRESS 

2D SESSION H. R. 4639 

[Report No. 114–521] 

A BILL 

To reauthorize the Office of Special Counsel, to 

of Special Counsel, and for other purposes. modifications to authorities relating to the Office amend title 5, United States Code, to provide 

APRIL 25, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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