[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4639 Received in Senate (RDS)]
<DOC>
114th CONGRESS
2d Session
H. R. 4639
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2016
Received
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thoroughly Investigating Retaliation
Against Whistleblowers Act''.
SEC. 2. REAUTHORIZATION OF THE OFFICE OF SPECIAL COUNSEL.
(a) In General.--Section 8(a)(2) of the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note) is amended to read as follows:
``(2) $24,119,000 for fiscal year 2016 and $25,735,000 for
each of fiscal years 2017, 2018, 2019, and 2020 to carry out
subchapter II of chapter 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 October 1, 2015.
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 information
(including a report, audit, review, document, recommendation,
or other material) of any agency under the jurisdiction of the
Office of Special Counsel, consistent with the requirements of
subparagraph (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 reasonably be expected to interfere with an ongoing
criminal investigation or prosecution, but only if the Attorney General
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 withholding.''.
SEC. 4. WHISTLEBLOWER PROVISIONS.
Section 1213 of title 5, United States Code, is amended--
(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 Special Counsel
under subsection (d) that includes a description 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 supplemental 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 following:
``(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 person and
previously investigated by the Special Counsel; or
``(II) had previously been filed by the person 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 the date that is 3
years before the date Special Counsel received the allegation.
``(B) If the Special Counsel terminates an investigation under
subparagraph (A), not later than 30 days after the date of such
termination the Special Counsel shall provide a written notification
stating the basis for the termination to the person who made the
allegation. Paragraph (1)(D) shall not apply to any termination under
such subparagraph.''.
(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:
``Sec. 1218. Annual report
``(a) The Special Counsel shall submit an annual report to Congress
on the activities of the Special Counsel. Any such report shall
include--
``(1) the number, types, and disposition of allegations 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 agencies 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 Systems
Protection Board, including the number of corrective
action petitions and disciplinary action complaints so
initiated; and
``(B) stays and stay extensions obtained from the
Board; and
``(7) the number of prohibited personnel practice
complaints that result in--
``(A) a favorable action for the complainant,
categorized by actions with respect to whistleblower
reprisal cases and all other cases; and
``(B) a favorable outcome for the complainant,
categorized by outcomes with respect to whistleblower
reprisal cases and all other cases.
``(b) The report required by subsection (a) shall include whatever
recommendations for legislation or other action by Congress the Special
Counsel may consider appropriate.''.
(b) OSC Public Information.--Section 1219(a)(1) of title 5, United
States Code, is amended to read as follows:
``(1) a list of any noncriminal matter referred to an
agency head under section 1213(c), together with--
``(A) the applicable transmittal of the matter 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;
``(C) if appropriate, not otherwise prohibited by
law, and with the consent of the complainant, 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 2017 and 2018, 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 customer service at various stages
of the review or investigative process. The results of the survey shall
be published in the annual report of the Office.
(b) Suspension of Other Surveys.--During fiscal years 2017 and
2018, 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:
``Sec. 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 employment for a period not to
exceed 5 years, suspension, or reprimand;
``(2) an assessment of a civil penalty not to exceed
$1,000; or
``(3) any combination of the penalties described in
paragraph (1) or (2).''.
(b) Application.--The amendment made by subsection (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 regulations 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
necessary to carry out sections 1213, 1214, and 1215 of such title, and
any functions required due to the amendments made by this Act. Such
regulations shall be published in the Federal Register.
Passed the House of Representatives June 21, 2016.
Attest:
KAREN L. HAAS,
Clerk.