,,ib ,union ,calendar ,no4 #dja #aadth ,,congress #b;d ,session ,h4 ,r4 #dfci ,report ,no4 #aad-eba ,,in ,,the ,,house ,,of ,,representatives ,february #bf1 #bjaf ,mr4 ,blum 7for himself and ,mr4 ,meadows7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,april #be1 #bjaf ,additional sponsors3 ,mr4 ,connolly and ,mr4 ,cummings ,april #be1 #bjaf ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,insert the part printed in italic ,a ,,bill ,to reauthorize the ,office of ,special ,counsel1 to amend title #e1 ,united ,states ,code1 to provide modifications to authorities relating to the ,office of ,special ,counsel1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,thoroughly ,investigating ,retaliation ,against ,whistleblowers ,act4 #b4 ,reauthorization of the ,office of ,special ,counsel 7a7 ,in general ,section #h7;a77#b7 of the ,whistleblower ,protection ,act of #aihi 7#e ,u4,s4,c4 #eeji note7 is amended by striking #bjjc1 #bjjd1 #bjje1 #bjjf1 and #bjjg and inserting #bjaf1 #bjag1 #bjah1 #bjai1 and #bjbj4 7b7 ,effective date ,the amendment made by subsection 7a7 shall be deemed to apply beginning on ,october #a1 #bjae4 #c4 ,access to agency information ,section #abab7;b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 7,a7 ,in carrying out this subchapter1 the ,special ,counsel is authorized to-- 7i7 have access to any record or other information 7including a report1 audit1 review1 document1 recommendation1 or other material7 of any agency under the jurisdiction of the ,office of ,special ,counsel2 and 7ii7 require any employee of such an agency to provide to the ,office any record or other information during an investigation1 review1 or inquiry of any agency under the jurisdiction of the ,office4 7,b7 ,with respect to any record or other information made available by an agency under this subchapter1 the ,office shall apply a level of confidentiality to such record or information at the level of confidentiality applied to the record by the agency4 4 #d4 ,whistleblower provisions ,section #abac of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 by striking #ae days and inserting #de days2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#d71 by striking and at the end2 7,b7 in paragraph 7#e7-- 7i7 in the matter before subparagraph 7,a71 by striking such as and inserting including2 and 7ii7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#f7 if any disclosure referred to an agency head under subsection 7c7 is substantiated in whole or in part by the agency head1 a detailed explanation of the failure to take any action described under paragraph 7#e74 2 and 7#c7 in subsection 7e71 by adding at the end the following3 7#e7 ,if an agency head submits a report to the ,special ,counsel under subsection 7d7 that includes a description of any agency action proposed to be taken as a result of the investigation1 the agency head shall1 not later than #ahj days after the date of such submission1 submit a supplemental report to the ,special ,counsel stating whether any proposed action has been taken1 and if the action has not been taken1 the reason why it has not been taken4 4 #e4 ,termination of certain ,,osc investigations 7a7 ,in general ,section #abad7;a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#f7 7,a7 ,within #cj days of receiving an allegation from a person under paragraph 7#a71 the ,special ,counsel may terminate an investigation under such paragraph with respect to the allegation1 without further inquiry or an opportunity for the person to respond1 if the ,special ,counsel determines that-- 7i7 the same allegation1 based on the same set of facts and circumstances-- 7,i7 had previously been made by the person and previously investigated by the ,special ,counsel2 or 7,,ii7 had previously been filed by the person with the ,merit ,systems ,protection ,board2 7ii7 the ,office of ,special ,counsel does not have jurisdiction to investigate the allegation2 or 7iii7 the person knew or should have known of the alleged prohibited personnel practice earlier than the date that is #c years before the date ,special ,counsel received the allegation4 7,b7 ,if the ,special ,counsel terminates an investigation under subparagraph 7,a71 not later than #cj 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 allegation4 ,paragraph 7#a77;,d7 shall not apply to any termination under such subparagraph4 4 7b7 ,conforming amendments ,section #abad of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a77;,a71 by striking ,the ,special ,counsel and inserting ,except as provided in paragraph 7#f71 the ,special ,counsel2 and 7#b7 in subsection 7a77#a77;,c71 in the matter before clause 7i71 by inserting or paragraph 7#f7 after paragraph 7#b74 #f4 ,reporting requirements 7a7 ,,osc annual report to ,congress ,section #abah of title #e1 ,united ,states ,code1 is amended to read as follows3 #abah4 ,annual report 7a7 ,the ,special ,counsel shall submit an annual report to ,congress on the activities of the ,special ,counsel4 ,any such report shall include-- 7#a7 the number1 types1 and disposition of allegations of prohibited personnel practices filed with the ,special ,counsel1 and the cost of allegations so disposed of2 7#b7 the number of investigations conducted by the ,special ,counsel2 7#c7 the number of stays or disciplinary actions negotiated by the ,special ,counsel with agencies2 7#d7 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 occurred1 exists1 or is to be taken within the #bdj-;day period specified in section #abad7;b77#b77;,a77i72 7#e7 a description of the recommendations and reports made by the ,special ,counsel to other agencies pursuant to this subchapter1 and the actions taken by the agencies as a result of the reports or recommendations2 7#f7 the number of-- 7,a7 actions initiated before the ,merit ,systems ,protection ,board1 including the number of corrective action petitions and disciplinary action complaints so initiated2 and 7,b7 stays and stay extensions obtained from the ,board2 and 7#g7 the number of prohibited personnel practice complaints that result in-- 7,a7 a favorable action for the complainant1 categorized by actions with respect to whistleblower reprisal cases and all other cases2 and 7,b7 a favorable outcome for the complainant1 categorized by outcomes with respect to whistleblower reprisal cases and all other cases4 7b7 ,the report required by subsection 7a7 shall include whatever recommendations for legislation or other action by ,congress the ,special ,counsel may consider appropriate4 4 7b7 ,,osc public information ,section #abai7;a77#a7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#a7 a list of any noncriminal matter referred to an agency head under section #abac7;c71 together with-- 7,a7 the applicable transmittal of the matter to the agency head under section #abac7;c77#a72 7,b7 any report from agency head under section #abac7;c77#a77;,b7 relating to such matter2 7,c7 if appropriate1 not otherwise prohibited by law1 and with the consent of the complainant1 any comments from the complainant under section #abac7;e77#a7 relating to the matter2 and 7,d7 the ,special ,counsel's comments or recommendations under section #abac7;e77#c7 or 7#d7 relating to the matter2 4 #g4 ,establishment of survey pilot program 7a7 ,in general ,the ,office of ,special ,counsel shall design and establish a survey pilot program under which the ,office shall conduct1 with respect to fiscal years #bjag and #bjah1 a survey of individuals who have filed a complaint or disclosure with the ,office4 ,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 process4 ,the results of the survey shall be published in the annual report of the ,office4 7b7 ,suspension of other surveys ,during fiscal years #bjag and #bjah1 section #ac of ,public ,law #ajc-dbd shall have no force or effect4 #h4 ,penalties under the ,hatch ,act 7a7 ,in general ,section #gcbf of title #e1 ,united ,states ,code1 is amended to read as follows3 #gcbf4 ,penalties ,an employee or individual who violates section #gcbc or #gcbd shall be subject to-- 7#a7 disciplinary action consisting of removal1 reduction in grade1 debarment from ,federal employment for a period not to exceed #e years1 suspension1 or reprimand2 7#b7 an assessment of a civil penalty not to exceed #a1jjj2 or 7#c7 any combination of the penalties described in paragraph 7#a7 or 7#b74 4 7b7 ,application ,the amendment made by subsection 7a7 shall apply to any violation of section #gcbc or #gcbd of title #e1 ,united ,states ,code1 occurring after the date of enactment of this ,act4 #i4 ,regulations ,not later than two years after the date of enactment of this ,act1 the ,special ,counsel shall prescribe such regulations as may be necessary to perform the functions of the ,special ,counsel under subchapter ,,ii of chapter #ab of title #e1 ,united ,states ,code1 including regulations necessary to carry out sections #abac1 #abad1 and #abae of such title1 and any functions required due to the amendments made by this ,act4 ,such regulations shall be published in the ,federal ,register4 ,april #be1 #bjaf ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed