Thoroughly Investigating Retaliation Against Whistleblowers Act

Bill: 114-hr-4639
Sponsor: Rep. Blum, Rod [R-IA-1]
Introduced: 2016-02-26 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Administrative remedies
Congressional oversight
Employment discrimination and employee rights
Government employee pay, benefits, personnel management
Government studies and investigations
Office of Special Counsel

Summary:
action_date: 2016-02-26
text: 

Thoroughly Investigating Retaliation Against Whistleblowers Act

 
This bill amends the Whistleblower Protection Act of 1989 to reauthorize through FY2020 the Office of Special Counsel (official appointed by the President to protect federal employees, former employees, and applicants for employment from prohibited personnel practices). 
 
The Office of Special Counsel shall have access to any record or other information of any agency under its jurisdiction.
 
The bill: (1) extends from 15 to 45 days the period for the review by the Office of Special Counsel of a disclosed prohibited practice, (2) requires an agency to provide a detailed explanation of any failure to take action to address information about a prohibited practice transmitted to it by the Special Counsel, and (3) requires an agency that reports agency action proposed as a result of its investigation of such information to submit a supplemental report within 180 days on whether such proposed action has been taken and, if not, why not.
 
The Office of Special Counsel may terminate an investigation of a prohibited practice if: (1) it involves an allegation that has been previously made by the same person, (2) the Office does not have jurisdiction to investigate such allegation, or (3) the person should have known of the alleged prohibited personnel practice earlier than three years before the Special Counsel received the allegation. 
 
The bill expands the annual reporting requirements of the Office of Special Counsel. 
 
The Office of Special Counsel shall design and establish a survey pilot program in FY2017-FY2018 of individuals who have filed a complaint or disclosure with the Office. 
 
Penalties for violations of the Hatch Act may include a combination of the disciplinary actions and the civil penalty prescribed under current law.

action_date: 2016-04-25
text: 

Thoroughly Investigating Retaliation Against Whistleblowers Act

 
(Sec. 2) This bill amends the Whistleblower Protection Act of 1989 to reauthorize through FY2020 the Office of Special Counsel (OSC), an independent federal investigative and prosecutorial agency led by an official appointed by the President to protect federal employees, former employees, and applicants for employment from prohibited personnel practices. 
 
(Sec. 3) The OSC shall have access to any record or other information of any agency under its jurisdiction.
 
(Sec. 4) The bill: (1) extends from 15 to 45 days the period for the OSC to review a disclosed prohibited practice; (2) requires an agency to provide a detailed explanation of any failure to take action to address information about a prohibited practice transmitted to it by the OSC; and (3) requires an agency that reports agency action proposed as a result of its investigation of such information to submit a supplemental report within 180 days on whether such proposed action has been taken and, if not, why not.
 
(Sec. 5) The OSC may terminate an investigation if: (1) it involves an allegation that has been previously made by the same person, (2) the OSC does not have jurisdiction to investigate such allegation, or (3) the person should have known of the alleged prohibited personnel practice earlier than three years before the OSC received the allegation. 
 
(Sec. 6) The bill expands the OSC's annual reporting requirements to include: (1) the cost of allegations disposed of by the OSC; (2) the number of stays or disciplinary actions that the OSC negotiates with agencies; (3) the number of corrective action petitions and disciplinary action complaints initiated before, and stays obtained from, the Merit Systems Protection Board; and (4) the number of prohibited personnel practice complaints that result in a favorable action or outcome for the complainant.
 
The OSC must include in its publicly disclosed list of noncriminal matters referred to agencies: (1) any comments from the complainant, provided that the availability to the public is appropriate, not prohibited by law, and consented to by the complainant; and (2) the OSC's comments or recommendations.
 
(Sec. 7) The OSC shall design and establish a pilot program in FY2017-FY2018 to survey individuals who have filed a complaint or disclosure with the OSC. The responses shall be used to improve customer service at various stages of the review or investigative process. 
 
(Sec. 8) Penalties for violations of Hatch Act prohibitions against engaging in political activities may include a combination of the disciplinary actions and the civil penalty prescribed under current law.
 
(Sec. 9) The OSC must prescribe and publish in the Federal Register any regulations necessary for the OSC to perform functions required by amendments made by this bill.

action_date: 2016-06-21
text: 

Thoroughly Investigating Retaliation Against Whistleblowers Act

 
(Sec. 2) This bill amends the Whistleblower Protection Act of 1989 to reauthorize through FY2020 the Office of Special Counsel (OSC), an independent federal investigative and prosecutorial agency led by an official appointed by the President to protect federal employees, former employees, and applicants for employment from prohibited personnel practices. 
 
(Sec. 3) The OSC shall have access to any record or other information of any agency under its jurisdiction. The Department of Justice (DOJ) or an inspector general may withhold access to information if the disclosure could interfere with an ongoing criminal investigation or prosecution, but only if DOJ or the agency head submits a report to the OSC describing the records withheld and the reasons for the withholding.
 
(Sec. 4) The bill: (1) extends from 15 to 45 days the period for the OSC to review a disclosed prohibited practice; (2) requires an agency to provide a detailed explanation of any failure to take action to address information about a prohibited practice transmitted to it by the OSC; and (3) requires an agency that reports agency action proposed as a result of its investigation of such information to submit a supplemental report within 180 days on whether such proposed action has been taken and, if not, why not.
 
(Sec. 5) The OSC may terminate an investigation if: (1) it involves an allegation that has been previously made by the same person, (2) the OSC does not have jurisdiction to investigate such allegation, or (3) the person should have known of the alleged prohibited personnel practice earlier than three years before the OSC received the allegation. 
 
(Sec. 6) The bill expands the OSC's annual reporting requirements to include: (1) the cost of allegations disposed of by the OSC; (2) the number of stays or disciplinary actions that the OSC negotiates with agencies; (3) the number of corrective action petitions and disciplinary action complaints initiated before, and stays obtained from, the Merit Systems Protection Board; and (4) the number of prohibited personnel practice complaints that result in a favorable action or outcome for the complainant.
 
The OSC must include in its publicly disclosed list of noncriminal matters referred to agencies: (1) any comments from the complainant, provided that the availability to the public is appropriate, not prohibited by law, and consented to by the complainant; and (2) the OSC's comments or recommendations.
 
(Sec. 7) The OSC shall design and establish a pilot program in FY2017-FY2018 to survey individuals who have filed a complaint or disclosure with the OSC. The responses shall be used to improve customer service at various stages of the review or investigative process. 
 
(Sec. 8) Penalties for violations of Hatch Act prohibitions against engaging in political activities may include a combination of the disciplinary actions and the civil penalty prescribed under current law.
 
(Sec. 9) The OSC must prescribe and publish in the Federal Register any regulations necessary for the OSC to perform functions required by amendments made by this bill.


Legislative actions:
action_date: 2016-07-13
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2016-06-22
text: Received in the Senate.
action_date: 2016-06-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-06-21
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3990-3991)
action_date: 2016-06-21
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H3990-3991)
action_date: 2016-06-21
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 4639.
action_date: 2016-06-21
text: Considered under suspension of the rules. (consideration: CR H3990-3991)
action_date: 2016-06-21
text: Mr. Blum moved to suspend the rules and pass the bill, as amended.
action_date: 2016-04-25
text: Placed on the Union Calendar, Calendar No. 401.
action_date: 2016-04-25
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 114-521.
action_date: 2016-04-25
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 114-521.
action_date: 2016-03-01
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2016-03-01
text: Committee Consideration and Mark-up Session Held.
action_date: 2016-02-26
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2016-02-26
text: Introduced in House
action_date: 2016-02-26
text: Introduced in House