House Committee Approves Three Bills to Strengthen Whistleblower Protections

On Tuesday, May 2, 2017, the House Oversight and Government Reform Committee approved three bills aimed to increase protections for whistleblowers.

“Whistleblowers must be protected. Period. Their courageous efforts keep the federal government open and honest. Passing these bipartisan bills illustrates our commitment to protecting a whistleblower’s right to report information,” said Chairman Jason Chaffetz.

“These bills send a strong message that we have the backs of whistleblowers,” said Ranking Member Elijah Cummings.

“It is unacceptable that agencies stonewall OSC investigations by withholding critical information. I thank Chairman Chaffetz, Ranking Member Cummings, and other co-chairs of the House Whistleblower Protection Caucus for their support of this bill that clarifies that the OSC does have the authority to obtain documents relevant to their investigations,” said Congressman Rod Blum.

The bills approved by the Committee are:

H.R. 2196, a bill that would:

• allow whistleblowers covered by the Whistleblower Protection Act to make disclosures of classified information to any supervisors “in the employee’s direct chain of command up to and including the head of the employing agency.”

H.R. 2195, the OSC Access Act, would clarify Congress’s longstanding intent that:

• the Office of Special Counsel has authority to obtain all relevant information from agencies under its jurisdiction;
• “a claim of common law privilege by an agency, shall not prevent the OSC from obtaining any material”; and
• an agency does not waive the right to assert common law privileges against non-federal entities or individuals by providing information to the OSC.

H.R. 2229, the All Circuit Review Act, would:

• make permanent a pilot provision in the Whistleblower Protection Enhancement Act of 2012 that allows whistleblowers to appeal cases from the Merit Systems Protection Board to any circuit court of appeals with jurisdiction; and
• give the Office of Personnel Management authority to file petitions to review orders of the Merit Systems Protection Board in any court of appeals with jurisdiction.