US Congress House Bill 69 (Prior Session Legislation)

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Spectrum: Bipartisan Bill
Status: Engrossed on January 5 2017 - 50% progression, died in committee
Action: 2017-01-05 - Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Pending: Senate Homeland Security And Governmental Affairs Committee
Text: Latest bill text (Engrossed) [PDF]

Thoroughly Investigating Retaliation Against Whistleblowers Act Thoroughly Investigating Retaliation Against Whistleblowers Act (Sec. 2) This bill amends the Whistleblower Protection Act of 1989 to reauthorize through FY2021 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 (i.e., employment-related activities that violate the merit system through discrimination, retaliation, improper hiring practices, or failure to adhere to employment law). (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 applicable 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 disclosure of violations of law, gross mismanagement, or other matters; (2) requires an agency to provide a detailed explanation of any failure to take action to address information about a violation of law transmitted to it by the OSC; and (3) requires an agency to report to the OSC within 180 days on agency action proposed to address a violation of law, whether such proposed action has been taken, and if not, why not. (Sec. 5) The OSC may terminate an investigation of a prohibited personnel practice 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 is 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 FY2018-FY2019 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.

Thoroughly Investigating Retaliation Against Whistleblowers Act

Rep. Rod Blum [R-IA]

Rep. Mark Meadows [R-NC]

Rep. Gerald Connolly [D-VA]

Rep. Elijah Cummings [D-MD]

Date	Chamber	Action
2017-01-05	Senate	Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
2017-01-04	House	Motion to reconsider laid on the table Agreed to without objection.
2017-01-04	House	On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H72-73)
2017-01-04	House	DEBATE - The House proceeded with forty minutes of debate on H.R. 69.
2017-01-04	House	Considered under suspension of the rules. (consideration: CR H71-74)
2017-01-04	House	Mr. Chaffetz moved to suspend the rules and pass the bill.
2017-01-03	House	Referred to the House Committee on Oversight and Government Reform.
2017-01-03	House	Introduced in House

Type	Source
Summary	https://www.congress.gov/bill/115th-congress/house-bill/69/all-info
Text	https://www.congress.gov/115/bills/hr69/BILLS-115hr69ih.pdf
Text	https://www.congress.gov/115/bills/hr69/BILLS-115hr69eh.pdf