I

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.

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 ‘‘Whistleblower Protec5 tion Enhancement Act of 1994’’.
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1 SEC. 2. SANCTIONS AND REMEDIES.

2 (a) PROHIBITED PERSONNEL PRACTICE.—

3 (1) IN GENERAL.—Section 2302(b)(8) of title

4 5, United States Code, is amended—

5 (A) in subparagraph (A) by striking ‘‘or’’

6 after the semicolon;

7 (B) in subparagraph (B) by inserting ‘‘or’’

8 after the semicolon; and

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

10 ‘‘(C) any disclosure of information to ei11 ther House of Congress, or to a committee or

12 Member thereof, by an employee which the em13 ployee reasonably believes evidences—

14 ‘‘(i) a violation of any law, rule, or

15 regulation, or

16 ‘‘(ii) gross mismanagement, a gross

17 waste of funds, an abuse of authority, or

18 a substantial and specific danger to public

19 health or safety;’’.

20 (2) APPLICABILITY.—Section 2302 of title 5,

21 United States Code, is amended by adding at the

22 end the following:

23 ‘‘(e) For purposes of subsection (b)(8)(C)—

24 ‘‘(1) the definition of ‘covered position’ under

25 subsection (a)(2)(B) shall be considered to be any

26 position in the executive branch; and
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1 ‘‘(2) the definition of ‘agency’ under subsection

2 (a)(2)(C) shall be considered to include a Govern3 ment corporation.’’.

4 (b) COORDINATION PROVISION.—Section 7211 of

5 title 5, United States Code, is amended by adding at the

6 end the following: ‘‘Any such interference or denial may

7 constitute a prohibited personnel practice described in sec8 tion 2302(b)(8)(C).’’.

9 SEC. 3. WHISTLEBLOWER PROTECTIONS FOR EMPLOYEES

10 PROVIDING INFORMATION TO INSPECTORS

11 GENERAL.

12 (a) UNAUTHORIZED DISCLOSURE OF WHISTLE13 BLOWER’S IDENTITY NOT PERMITTED.—

14 (1) IN GENERAL.—Section 7(b) of the Inspector

15 General Act of 1978 (5 U.S.C. App.) is amended by

16 striking ‘‘employee, unless’’ through the period and

17 inserting ‘‘employee, except in accordance with a re18 quest of the Attorney General for the purpose of a

19 criminal investigation.’’.

20 (2) REMEDY.—Section 7(b) of that Act, as

21 amended by paragraph (1), is further amended—

22 (A) by striking ‘‘(b)’’ and inserting

23 ‘‘(b)(1)’’; and

24 (B) by adding at the end the following:
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1 ‘‘(2)(A) As used in this paragraph, the term ‘Special

2 Counsel’ means the Special Counsel under subchapter II

3 of chapter 12 of title 5, United States Code.

4 ‘‘(B) The Special Counsel may—

5 ‘‘(i) investigate any alleged violation of para6 graph (1); and

7 ‘‘(ii) if the Special Counsel determines that

8 there is reason to believe that such a violation has

9 occurred, seek disciplinary action under section 1215

10 of title 5, United States Code, in the same manner

11 as if it were a matter referred to in subsection

12 (a)(1)(B) of such section.’’.

13 (b) NOTIFICATION REQUIREMENT.—Section 7 of the

14 Inspector General Act of 1978 (5 U.S.C. App.) is amended

15 by adding at the end the following:

16 ‘‘(d) The Inspector General shall ensure, at the time

17 of receiving any complaint or information from an em18 ployee, that such employee is fully aware of any rights or

19 remedies afforded such employee under—

20 ‘‘(1) subsections (b) and (c);

21 ‘‘(2) title 5, United States Code, with respect to

22 a prohibited personnel practice described in para23 graph (8) or (11) of section 2302(b) of such title

24 (including the investigative duties of the Office of

25 Special Counsel);
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1 ‘‘(3) sections 3729 through 3731 of title 31,

2 United States Code (popularly known as the ‘False

3 Claims Act’); and

4 ‘‘(4) any other authority by virtue of the com5 plaint made or information disclosed by such em6 ployee.

7 ‘‘(e)(1) If an Inspector General has information that

8 might be evidence of an action or an intent to take an

9 action described in paragraph (2) against an employee

10 who provided information to an Inspector General, the In11 spector General shall within a reasonable time disclose

12 that information to the employee.

13 ‘‘(2) The action referred to paragraph (1) is any ac14 tion that is in violation of subsection (c) or a prohibited

15 personnel practice described in paragraph (8) or (11) of

16 section 2303 of title 5, United States Code.’’.

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