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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Whistleblower Protec-
tion Enhancement Act of 1994’’.
SEC. 2. SANCTIONS AND REMEDIES.
(a) PROHIBITED PERSONNEL PRACTICE.—
(1) IN GENERAL.—Section 2302(b)(8) of title
5, United States Code, is amended—
(A) in subparagraph (A) by striking ‘‘or’’
after the semicolon;
(B) in subparagraph (B) by inserting ‘‘or’’
after the semicolon; and
(C) by adding at the end the following:
‘‘(C) any disclosure of information to ei-
ther House of Congress, or to a committee or
Member thereof, by an employee which the em-
ployee reasonably believes evidences—
‘‘(i) a violation of any law, rule, or
regulation, or
‘‘(ii) gross mismanagement, a gross
waste of funds, an abuse of authority, or
a substantial and specific danger to public
health or safety;’’.
(2) APPLICABILITY.—Section 2302 of title 5,
United States Code, is amended by adding at the
end the following:
‘‘(e) For purposes of subsection (b)(8)(C)—
‘‘(1) the definition of ‘covered position’ under
subsection (a)(2)(B) shall be considered to be any
position in the executive branch; and
‘‘(2) the definition of ‘agency’ under subsection
(a)(2)(C) shall be considered to include a Govern-
ment corporation.’’.
(b) COORDINATION PROVISION.—Section 7211 of
title 5, United States Code, is amended by adding at the
end the following: ‘‘Any such interference or denial may
constitute a prohibited personnel practice described in sec-
tion 2302(b)(8)(C).’’.
SEC. 3. WHISTLEBLOWER PROTECTIONS FOR EMPLOYEES
PROVIDING INFORMATION TO INSPECTORS
GENERAL.
(a) UNAUTHORIZED
DISCLOSURE
OF
WHISTLE-
BLOWER’S IDENTITY NOT PERMITTED.—
(1) IN GENERAL.—Section 7(b) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by
striking ‘‘employee, unless’’ through the period and
inserting ‘‘employee, except in accordance with a re-
quest of the Attorney General for the purpose of a
criminal investigation.’’.
(2) REMEDY.—Section 7(b) of that Act, as
amended by paragraph (1), is further amended—
(A) by striking ‘‘(b)’’ and inserting
‘‘(b)(1)’’; and
(B) by adding at the end the following:
‘‘(2)(A) As used in this paragraph, the term ‘Special
Counsel’ means the Special Counsel under subchapter II
of chapter 12 of title 5, United States Code.
‘‘(B) The Special Counsel may—
‘‘(i) investigate any alleged violation of para-
graph (1); and
‘‘(ii) if the Special Counsel determines that
there is reason to believe that such a violation has
occurred, seek disciplinary action under section 1215
of title 5, United States Code, in the same manner
as if it were a matter referred to in subsection
(a)(1)(B) of such section.’’.
(b) NOTIFICATION REQUIREMENT.—Section 7 of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended
by adding at the end the following:
‘‘(d) The Inspector General shall ensure, at the time
of receiving any complaint or information from an em-
ployee, that such employee is fully aware of any rights or
remedies afforded such employee under—
‘‘(1) subsections (b) and (c);
‘‘(2) title 5, United States Code, with respect to
a prohibited personnel practice described in para-
graph (8) or (11) of section 2302(b) of such title
(including the investigative duties of the Office of
Special Counsel);
‘‘(3) sections 3729 through 3731 of title 31,
United States Code (popularly known as the ‘False
Claims Act’); and
‘‘(4) any other authority by virtue of the com-
plaint made or information disclosed by such em-
ployee.
‘‘(e)(1) If an Inspector General has information that
might be evidence of an action or an intent to take an
action described in paragraph (2) against an employee
who provided information to an Inspector General, the In-
spector General shall within a reasonable time disclose
that information to the employee.
‘‘(2) The action referred to paragraph (1) is any ac-
tion that is in violation of subsection (c) or a prohibited
personnel practice described in paragraph (8) or (11) of
section 2303 of title 5, United States Code.’’.
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