IIB 
115TH CONGRESS 
1ST SESSION 
H. R. 69 
IN THE SENATE OF THE UNITED STATES 
JANUARY 5, 2017 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To reauthorize the Office of Special Counsel, to amend title 
5, United States Code, to provide modifications to au-
thorities relating to the Office of Special Counsel, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
00:40 Jan 06, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H69.RFS
H69
SSpencer on DSK4SPTVN1PROD with BILLS
HR 69 RFS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Thoroughly Inves-
tigating Retaliation Against Whistleblowers Act’’. 
SEC. 2. REAUTHORIZATION OF THE OFFICE OF SPECIAL 
COUNSEL. 
(a) IN GENERAL.—Section 8(a)(2) of the Whistle-
blower Protection Act of 1989 (5 U.S.C. 5509 note) is 
amended to read as follows: 
‘‘(2) $24,119,000 for fiscal year 2017 and 
$25,735,000 for each of fiscal years 2018, 2019, 
2020, and 2021 to carry out subchapter II of chap-
ter 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 Octo-
ber 1, 2016. 
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 informa-
tion (including a report, audit, review, document, 
recommendation, or other material) of any agency 
under the jurisdiction of the Office of Special Coun-
VerDate Sep 11 2014 
00:40 Jan 06, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H69.RFS
H69
SSpencer on DSK4SPTVN1PROD with BILLS
HR 69 RFS
sel, consistent with the requirements of subpara-
graph (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 reason-
ably be expected to interfere with an ongoing criminal in-
vestigation or prosecution, but only if the Attorney Gen-
eral 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 with-
holding.’’. 
SEC. 4. WHISTLEBLOWER PROVISIONS. 
Section 1213 of title 5, United States Code, is 
amended— 
VerDate Sep 11 2014 
00:40 Jan 06, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H69.RFS
H69
SSpencer on DSK4SPTVN1PROD with BILLS
HR 69 RFS
(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 Spe-
cial Counsel under subsection (d) that includes a descrip-
tion 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 sup-
VerDate Sep 11 2014 
00:40 Jan 06, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H69.RFS
H69
SSpencer on DSK4SPTVN1PROD with BILLS
HR 69 RFS
plemental 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 fol-
lowing: 
‘‘(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 per-
son and previously investigated by the Special 
Counsel; or 
‘‘(II) had previously been filed by the per-
son 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 
VerDate Sep 11 2014 
00:40 Jan 06, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H69.RFS
H69
SSpencer on DSK4SPTVN1PROD with BILLS
HR 69 RFS
the date that is 3 years before the date Special 
Counsel received the allegation. 
‘‘(B) If the Special Counsel terminates an investiga-
tion under subparagraph (A), not later than 30 days after 
the date of such termination the Special Counsel shall pro-
vide a written notification stating the basis for the termi-
nation to the person who made the allegation. Paragraph 
(1)(D) shall not apply to any termination under such sub-
paragraph.’’. 
(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: 
‘‘§ 1218. Annual report 
‘‘(a) The Special Counsel shall submit an annual re-
port to Congress on the activities of the Special Counsel. 
Any such report shall include— 
VerDate Sep 11 2014 
00:40 Jan 06, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H69.RFS
H69
SSpencer on DSK4SPTVN1PROD with BILLS
HR 69 RFS
‘‘(1) the number, types, and disposition of alle-
gations 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 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 agen-
cies 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 Sys-
tems Protection Board, including the number of 
corrective action petitions and disciplinary ac-
tion complaints so initiated; and 
VerDate Sep 11 2014 
00:40 Jan 06, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H69.RFS
H69
SSpencer on DSK4SPTVN1PROD with BILLS
HR 69 RFS
‘‘(B) stays and stay extensions obtained 
from the Board; and 
‘‘(7) the number of prohibited personnel prac-
tice complaints that result in— 
‘‘(A) a favorable action for the complain-
ant, categorized by actions with respect to whis-
tleblower reprisal cases and all other cases; and 
‘‘(B) a favorable outcome for the complain-
ant, categorized by outcomes with respect to 
whistleblower reprisal cases and all other cases. 
‘‘(b) The report required by subsection (a) shall in-
clude whatever recommendations for legislation or other 
action by Congress the Special Counsel may consider ap-
propriate.’’. 
(b) OSC PUBLIC INFORMATION.—Section 1219(a)(1) 
of title 5, United States Code, is amended to read as fol-
lows: 
‘‘(1) a list of any noncriminal matter referred 
to an agency head under section 1213(c), together 
with— 
‘‘(A) the applicable transmittal of the mat-
ter 
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; 
VerDate Sep 11 2014 
00:40 Jan 06, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H69.RFS
H69
SSpencer on DSK4SPTVN1PROD with BILLS
HR 69 RFS
‘‘(C) if appropriate, not otherwise prohib-
ited by law, and with the consent of the com-
plainant, 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 
2018 and 2019, 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 cus-
tomer service at various stages of the review or investiga-
tive process. The results of the survey shall be published 
in the annual report of the Office. 
(b) SUSPENSION OF OTHER SURVEYS.—During fiscal 
years 2018 and 2019, 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: 
VerDate Sep 11 2014 
00:40 Jan 06, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H69.RFS
H69
SSpencer on DSK4SPTVN1PROD with BILLS
HR 69 RFS
‘‘§ 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 employ-
ment for a period not to exceed 5 years, suspension, 
or reprimand; 
‘‘(2) an assessment of a civil penalty not to ex-
ceed $1,000; or 
‘‘(3) any combination of the penalties described 
in paragraph (1) or (2).’’. 
(b) APPLICATION.—The amendment made by sub-
section (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 2 years after the date of enactment 
of this Act, the Special Counsel shall prescribe such regu-
lations 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 nec-
essary to carry out sections 1213, 1214, and 1215 of such 
title, and any functions required due to the amendments 
VerDate Sep 11 2014 
00:40 Jan 06, 2017
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H69.RFS
H69
SSpencer on DSK4SPTVN1PROD with BILLS