Whistleblower Protection Improvement Act of 2021
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HR 2988 — Whistleblower Protection Improvement Act of 2021
Last action — Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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Died in session
This bill died with 117th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
6 added · 1 removedPlain-language change summary
The text indicates that the bill H.R. 2988 was received in the Senate on September 19, 2022, and was read twice before being referred to the Committee on Homeland Security and Governmental Affairs. It also notes that a previous reference to the bill being engrossed in the House has been removed. This highlights the progression of the bill from the House to the Senate for consideration.
2988 EngrossedReferred in HouseSenate (EH)](RFS)] <DOC> 117th CONGRESS 2d Session H.
2988 _______________________________________________________________________ ANIN ACTTHE ToSENATE amendOF titleTHE 5,UNITED UnitedSTATES StatesSeptember Code,19, to2022 modifyReceived; and enhance protections for Federal Government whistleblowers, and for other purposes.
read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To amend title 5, United States Code, to modify and enhance protections for Federal Government whistleblowers, and for other purposes.
Clerk.CHERYL L.
117thJOHNSON, CONGRESSClerk. 2d Session H.
R.
2988 _______________________________________________________________________ AN ACT To amend title 5, United States Code, to modify and enhance protections for Federal Government whistleblowers, and for other purposes.
View plain text versions (4)
- Referred in Senate View text Current html September 19, 2022
- Engrossed Engrossed in House html September 15, 2022
- Reported Reported in House html May 17, 2022
- Introduced Introduced in House html May 04, 2021
Sections of law this bill changes
9 sections in 6 lawsFrom the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).
Merit systems protection board, office of special counsel, and employee right of action · 5 U.S.C. ch. 12 3 sections
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§ 1213 Provisions relating to disclosures of violations of law, gross mismanagement, and certain other matters Amends
5 U.S.C. § 1213 — at 1213(c)
The law today
(a) This section applies with respect to— (1) any disclosure of information by an employee, former employee, or applicant for employment which the employee, former employee, or applicant reasonably believes evidences— (A) a violation of any law, rule, or regulation; or (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; and (2) any disclosure by an employee, former employee, or applicant for employment to the Special Counsel or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures of information which the employee, former employee, or applicant reasonably believes evidences— (A) a violation of any law, rule, or regulation; or (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (b) Whenever the Special Counsel receives information of a type described in subsection (a) of this section, the Special Counsel shall review such information and, within 45 days after receiving the information, determine whether there is a substantial likelihood that the information discloses a violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety. (c) (1) Subject to paragraph (2), if the Special Counsel makes a positive determination under subsection (b) of this section, the Special Counsel shall promptly transmit the information with respect to which the determination was made to the appropriate agency head and require that the agency head— (A) conduct an investigation with respect to the information and any related matters transmitted by the Special Counsel to the agency head; and (B) submit a written report setting forth the findings of the agency head within 60 days after the date on which the information is transmitted to the agency head or within any longer period of time agreed to in writing by the Special Counsel. (2) The Special Counsel may require an agency head to conduct an investigation and submit a written report under paragraph (1) only if the information was transmitted to the Special Counsel by— (A) an employee, former employee, or applicant for employment in the agency which the information concerns; or (B) an employee who obtained the information in connection with the performance of the employee’s duties and responsibilities. (d) Any report required under subsection (c) shall be reviewed and signed by the head of the agency and shall include— (1) a summary of the information with respect to which the investigation was initiated; (2) a description of the conduct of the investigation; (3) a summary of any evidence obtained from the investigation; (4) a listing of any violation or apparent violation of any law, rule, or regulation; and (5) a description of any action taken or planned as a result of the investigation, such as— (A) changes in agency rules, regulations, or practices; (B) the restoration of any aggrieved employee; (C) disciplinary action against any employee; and (D) referral to the Attorney General of any evidence of a criminal violation. (e) (1) Any report required under subsection (c) or paragraph (5) of this subsection shall be submitted to the Special Counsel, and the Special Counsel shall transmit a copy to the complainant, except as provided under subsection (f) of this section. The complainant may submit comments to the Special Counsel on the agency report within 15 days of having received a copy of the report. (2) Upon receipt of any report that the head of an agency is required to submit under subsection (c), the Special Counsel shall review the ...8 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 1214 Investigation of prohibited personnel practices; corrective action Amends
5 U.S.C. § 1214 — at 1214(d)
The law today
(a) (1) (A) The Special Counsel shall receive any allegation of a prohibited personnel practice and shall investigate the allegation to the extent necessary to determine whether there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken. (B) Within 15 days after the date of receiving an allegation of a prohibited personnel practice under paragraph (1), the Special Counsel shall provide written notice to the person who made the allegation that— (i) the allegation has been received by the Special Counsel; and (ii) shall include the name of a person at the Office of Special Counsel who shall serve as a contact with the person making the allegation. (C) Unless an investigation is terminated under paragraph (2), the Special Counsel shall— (i) within 90 days after notice is provided under subparagraph (B), notify the person who made the allegation of the status of the investigation and any action taken by the Office of the Special Counsel since the filing of the allegation; (ii) notify such person of the status of the investigation and any action taken by the Office of the Special Counsel since the last notice, at least every 60 days after notice is given under clause (i); and (iii) notify such person of the status of the investigation and any action taken by the Special Counsel at such time as determined appropriate by the Special Counsel. (D) No later than 10 days before the Special Counsel terminates any investigation of a prohibited personnel practice, the Special Counsel shall provide a written status report to the person who made the allegation of the proposed findings of fact and legal conclusions. The person may submit written comments about the report to the Special Counsel. The Special Counsel shall not be required to provide a subsequent written status report under this subparagraph after the submission of such written comments. (2) (A) If the Special Counsel terminates any investigation under paragraph (1), the Special Counsel shall prepare and transmit to any person on whose allegation the investigation was initiated a written statement notifying the person of— (i) the termination of the investigation; (ii) a summary of relevant facts ascertained by the Special Counsel, including the facts that support, and the facts that do not support, the allegations of such person; (iii) the reasons for terminating the investigation; and (iv) a response to any comments submitted under paragraph (1)(D). (B) A written statement under subparagraph (A) may not be admissible as evidence in any judicial or administrative proceeding, without the consent of the person who received such statement under subparagraph (A). (3) Except in a case in which an employee, former employee, or applicant for employment has the right to appeal directly to the Merit Systems Protection Board under any law, rule, or regulation, any such employee, former employee, or applicant shall seek corrective action from the Special Counsel before seeking corrective action from the Board. An employee, former employee, or applicant for employment may seek corrective action from the Board under section 1221, if such employee, former employee, or applicant seeks corrective action for a prohibited personnel practice described in section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D) from the Special Counsel and— (A) (i) the Special Counsel notifies such employee, former employee, or applicant that an investigation concerning such employee, former employee, or applicant has been terminated; and (ii) no more than 60 days have elapsed since notification was provided to such employee, former employee, or applicant for employment that such investigation was terminated; or (B) 120 days after seeking corrective action from the Special Counsel, such employee, former employee, or applicant has not been notified by the Special Counsel that the Special Counsel shall seek corrective action on behalf of such employee...13 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 1221 Individual right of action in certain reprisal cases Amends
5 U.S.C. § 1221 — at 1221(c)(2), 1221(c), and 1221(i)
The law today
(a) Subject to the provisions of subsection (b) of this section and subsection 1214(a)(3), an employee, former employee, or applicant for employment may, with respect to any personnel action taken, or proposed to be taken, against such employee, former employee, or applicant for employment, as a result of a prohibited personnel practice described in section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D), seek corrective action from the Merit Systems Protection Board. (b) This section may not be construed to prohibit any employee, former employee, or applicant for employment from seeking corrective action from the Merit Systems Protection Board before seeking corrective action from the Special Counsel, if such employee, former employee, or applicant for employment has the right to appeal directly to the Board under any law, rule, or regulation. (c) (1) Any employee, former employee, or applicant for employment seeking corrective action under subsection (a) may request that the Board order a stay of the personnel action involved. (2) Any stay requested under paragraph (1) shall be granted within 10 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date the request is made, if the Board determines that such a stay would be appropriate. (3) (A) The Board shall allow any agency which would be subject to a stay under this subsection to comment to the Board on such stay request. (B) Except as provided in subparagraph (C), a stay granted under this subsection shall remain in effect for such period as the Board determines to be appropriate. (C) The Board may modify or dissolve a stay under this subsection at any time, if the Board determines that such a modification or dissolution is appropriate. (d) (1) At the request of an employee, former employee, or applicant for employment seeking corrective action under subsection (a), the Board shall issue a subpoena for the attendance and testimony of any person or the production of documentary or other evidence from any person if the Board finds that the testimony or production requested is not unduly burdensome and appears reasonably calculated to lead to the discovery of admissible evidence. (2) A subpoena under this subsection may be issued, and shall be enforced, in the same manner as applies in the case of subpoenas under section 1204. (e) (1) Subject to the provisions of paragraph (2), in any case involving an alleged prohibited personnel practice as described under section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D), the Board shall order such corrective action as the Board considers appropriate if the employee, former employee, or applicant for employment has demonstrated that a disclosure or protected activity described under section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D) was a contributing factor in the personnel action which was taken or is to be taken against such employee, former employee, or applicant. The employee may demonstrate that the disclosure or protected activity was a contributing factor in the personnel action through circumstantial evidence, such as evidence that— (A) the official taking the personnel action knew of the disclosure or protected activity; and (B) the personnel action occurred within a period of time such that a reasonable person could conclude that the disclosure or protected activity was a contributing factor in the personnel action. (2) Corrective action under paragraph (1) may not be ordered if, after a finding that a protected disclosure was a contributing factor, the agency demonstrates by clear and convincing evidence that it would have taken the same personnel action in the absence of such disclosure. (f) (1) A final order or decision shall be rendered by the Board as soon as practicable after the commencement of any proceeding under this section. (2) A decision to terminate an investigation under subchapter II may not be considered in any action or other proceeding under this ...9 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Merit system principles · 5 U.S.C. ch. 23 1 section
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§ 2302 Prohibited personnel practices Amends
5 U.S.C. § 2302 — at 2302(a)(2)(A), 2302(b)(9), and 2302(b)(8)(B)
The law today
(a) (1) For the purpose of this title, “prohibited personnel practice” means any action described in subsection (b). (2) For the purpose of this section— (A) “personnel action” means— (i) an appointment; (ii) a promotion; (iii) an action under chapter 75 of this title or other disciplinary or corrective action; (iv) a detail, transfer, or reassignment; (v) a reinstatement; (vi) a restoration; (vii) a reemployment; (viii) a performance evaluation under chapter 43 of this title or under title 38; (ix) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph; (x) a decision to order psychiatric testing or examination; (xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and (xii) any other significant change in duties, responsibilities, or working conditions; with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in section 9101 of title 31; (B) “covered position” means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position which is, prior to the personnel action— (i) excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or (ii) excluded from the coverage of this section by the President based on a determination by the President that it is necessary and warranted by conditions of good administration; (C) “agency” means an Executive agency and the Government Publishing Office, but does not include— (i) a Government corporation, except in the case of an alleged prohibited personnel practice described under subsection (b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D); (ii) (I) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and (II) as determined by the President, any executive agency or unit thereof the principal function of which is the conduct of foreign intelligence or counterintelligence activities, provided that the determination be made prior to a personnel action; or (iii) the Government Accountability Office; and (D) “disclosure” means a formal or informal communication or transmission, but does not include a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee or applicant providing the disclosure reasonably believes that the disclosure evidences— (i) any violation of any law, rule, or regulation; or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (b) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority— (1) discriminate for or against any employee or applicant for employment— (A) on the basis of race, color, religion, sex, or national origin, as prohibited under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16); (B) on the basis of age, as prohibited under sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a); (C) on the basis of sex, as prohibited under section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)); (D) on the basis of handicapping condition, as prohibited under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791); or (...39 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Antidiscrimination; right to petition congress · 5 U.S.C. ch. 72 1 section
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§ 7211 Employees’ right to petition Congress Amends
5 U.S.C. § 7211
The law today
The right of employees, individually or collectively, to petition Congress or a Member of Congress, or to furnish information to either House of Congress, or to a committee or Member thereof, may not be interfered with or denied.14 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Adverse actions · 5 U.S.C. ch. 75 1 section
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§ 7512 Actions covered Amends
5 U.S.C. § 7512
The law today
This subchapter applies to— (1) a removal; (2) a suspension for more than 14 days; (3) a reduction in grade; (4) a reduction in pay; and (5) a furlough of 30 days or less; but does not apply to— (A) a suspension or removal under section 7532 of this title, (B) a reduction-in-force action under section 3502 of this title, (C) the reduction in grade of a supervisor or manager who has not completed the probationary period under section 3321(a)(2) of this title if such reduction is to the grade held immediately before becoming such a supervisor or manager, (D) a reduction in grade or removal under section 4303 of this title, (E) an action initiated under section 1215 or 7521 of this title, or (F) a suitability action taken by the Office under regulations prescribed by the Office, subject to the rules prescribed by the President under this title for the administration of the competitive service.6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Appeals · 5 U.S.C. ch. 77 2 sections
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§ 7701 Appellate procedures Amends
5 U.S.C. § 7701 — at 7701(b)(2)(A)
The law today
(a) An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation. An appellant shall have the right— (1) to a hearing for which a transcript will be kept; and (2) to be represented by an attorney or other representative. Appeals shall be processed in accordance with regulations prescribed by the Board. (b) (1) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under section 3105 of this title or other employee of the Board designated by the Board to hear such cases, except that in any case involving a removal from the service, the case shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge. The Board, administrative law judge, or other employee (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management. (2) (A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless— (i) the deciding official determines that the granting of such relief is not appropriate; or (ii) (I) the relief granted in the decision provides that such employee or applicant shall return or be present at the place of employment during the period pending the outcome of any petition for review under subsection (e); and (II) the employing agency, subject to the provisions of subparagraph (B), determines that the return or presence of such employee or applicant is unduly disruptive to the work environment. (B) If an agency makes a determination under subparagraph (A)(ii)(II) that prevents the return or presence of an employee at the place of employment, such employee shall receive pay, compensation, and all other benefits as terms and conditions of employment during the period pending the outcome of any petition for review under subsection (e). (C) Nothing in the provisions of this paragraph may be construed to require any award of back pay or attorney fees be paid before the decision is final. (3) With respect to an appeal from an adverse action covered by subchapter V of chapter 75, authority to mitigate the personnel action involved shall be available, subject to the same standards as would apply in an appeal involving an action covered by subchapter II of chapter 75 with respect to which mitigation authority under this section exists. (c) (1) Subject to paragraph (2) of this subsection, the decision of the agency shall be sustained under subsection (b) only if the agency’s decision— (A) in the case of an action based on unacceptable performance described in section 4303, is supported by substantial evidence; or (B) in any other case, is supported by a preponderance of the evidence. (2) Notwithstanding paragraph (1), the agency’s decision may not be sustained under subsection (b) of this section if the employee or applicant for employment— (A) shows harmful error in the application of the agency’s procedures in arriving at such decision; (B) shows that the decision was based on any prohibited personnel practice described in section 2302(b) of this title; or (C) shows that the decision was not in accordance with law. (d) (1) In any case in which— (A) the interpretation or application of any civil service law, rule, or regulation, under the jurisdiction of the Office of Personnel Management is at issue in any proceeding under this section; and (B) the Director of the Office of Personnel Management is of the opinion that an erroneo...22 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 7703 Judicial review of decisions of the Merit Systems Protection Board Amends
5 U.S.C. § 7703 — at 7703(a)
The law today
(a) (1) Any employee or applicant for employment adversely affected or aggrieved by a final order or decision of the Merit Systems Protection Board may obtain judicial review of the order or decision. (2) The Board shall be named respondent in any proceeding brought pursuant to this subsection, unless the employee or applicant for employment seeks review of a final order or decision on the merits on the underlying personnel action or on a request for attorney fees, in which case the agency responsible for taking the personnel action shall be the respondent. (b) (1) (A) Except as provided in subparagraph (B) and paragraph (2) of this subsection, a petition to review a final order or final decision of the Board shall be filed in the United States Court of Appeals for the Federal Circuit. Notwithstanding any other provision of law, any petition for review shall be filed within 60 days after the Board issues notice of the final order or decision of the Board. (B) A petition to review a final order or final decision of the Board that raises no challenge to the Board’s disposition of allegations of a prohibited personnel practice described in section 2302(b) other than practices described in section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D) shall be filed in the United States Court of Appeals for the Federal Circuit or any court of appeals of competent jurisdiction. Notwithstanding any other provision of law, any petition for review shall be filed within 60 days after the Board issues notice of the final order or decision of the Board. (2) Cases of discrimination subject to the provisions of section 7702 of this title shall be filed under section 717(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(c)), section 15(c) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)), and section 16(b) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 216(b)), as applicable. Notwithstanding any other provision of law, any such case filed under any such section must be filed within 30 days after the date the individual filing the case received notice of the judicially reviewable action under such section 7702. (c) In any case filed in the United States Court of Appeals for the Federal Circuit, the court shall review the record and hold unlawful and set aside any agency action, findings, or conclusions found to be— (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) obtained without procedures required by law, rule, or regulation having been followed; or (3) unsupported by substantial evidence; except that in the case of discrimination brought under any section referred to in subsection (b)(2) of this section, the employee or applicant shall have the right to have the facts subject to trial de novo by the reviewing court. (d) (1) Except as provided under paragraph (2), this paragraph shall apply to any review obtained by the Director of the Office of Personnel Management. The Director may obtain review of any final order or decision of the Board by filing, within 60 days after the Board issues notice of the final order or decision of the Board, a petition for judicial review in the United States Court of Appeals for the Federal Circuit if the Director determines, in the discretion of the Director, that the Board erred in interpreting a civil service law, rule, or regulation affecting personnel management and that the Board’s decision will have a substantial impact on a civil service law, rule, regulation, or policy directive. If the Director did not intervene in a matter before the Board, the Director may not petition for review of a Board decision under this section unless the Director first petitions the Board for a reconsideration of its decision, and such petition is denied. In addition to the named respondent, the Board and all other parties to the proceedings before the Board shall have the right to appear in the proceeding before the Court of Appeals....6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
National oceanic and atmospheric administration commissioned officer corps · 33 U.S.C. ch. 43 1 section
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§ 3071 Applicability of certain provisions of title 10 Amends
33 U.S.C. § 3071
The law today
(a) Provisions made applicable to the corps The rules of law that apply to the Armed Forces under the following provisions of title 10, as those provisions are in effect from time to time, apply also to the commissioned officer corps of the Administration: (1) Chapter 40, relating to leave. (2) Section 533(b), relating to constructive service. (3) Section 716, relating to transfers between the armed forces and to and from National Oceanic and Atmospheric Administration. (4) Section 771, relating to unauthorized wearing of uniforms. (5) Section 774, relating to wearing religious apparel while in uniform. (6) Section 982, relating to service on State and local juries. (7) Section 1031, relating to administration of oaths. (8) Section 1034, relating to protected communications and prohibition of retaliatory personnel actions. (9) Section 1035, relating to deposits of savings. (10) Section 1036, relating to transportation and travel allowances for escorts for dependents of members. (11) Section 1052, relating to reimbursement for adoption expenses. (12) Section 1074n, relating to annual mental health assessments. (13) Section 1090a, relating to referrals for mental health evaluations. (14) Chapter 58, relating to the benefits and services for members being separated or recently separated. (15) Section 1174a, relating to special separation benefits (except that benefits under subsection (b)(2)(B) of such section are subject to the availability of appropriations for such purpose and are provided at the discretion of the Secretary of Commerce). (16) Chapter 61, relating to retirement or separation for physical disability. (17) Section 1251(e), relating to retirement or separation based on years of creditable service. (18) Chapter 69, relating to retired grade, except sections 1370, 1375, and 1376. (19) Chapter 71, relating to computation of retired pay. (20) Chapter 73, relating to annuities based on retired or retainer pay. (21) Subchapter II of chapter 75, relating to death benefits. (22) Subchapter I of chapter 88, relating to military family programs, applicable on an as-available and fully reimbursable basis. (23) Section 2005, relating to advanced education assistance, active duty agreements, and reimbursement requirements. (24) Section 2634, relating to transportation of motor vehicles for members on permanent change of station. (25) Sections 2731 and 2735, relating to property loss incident to service. (26) Section 2771, relating to final settlement of accounts of deceased members. (27) Such other provisions of subtitle A of that title as may be adopted for applicability to the commissioned officer corps of the National Oceanic and Atmospheric Administration by any other provision of law. (b) References The authority vested by title 10 in the “military departments”, “the Secretary concerned”, or “the Secretary of Defense” with respect to the provisions of law referred to in subsection (a) shall be exercised, with respect to the commissioned officer corps of the Administration, by the Secretary of Commerce or the Secretary’s designee. For purposes of paragraph (8) of subsection (a), the term “Inspector General” in section 1034 of such title 10 shall mean the Inspector General of the Department of Commerce. (c) Regulations regarding protected communications and prohibition of retaliatory personnel actions The Secretary may prescribe regulations to carry out the application of section 1034 of title 10 to the commissioned officer corps of the Administration, including by prescribing such administrative procedures for investigation and appeal within the commissioned officer corps as the Secretary considers appropriate.19 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Also cites: 10 U.S.C. § 1034
Action History
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Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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Considered as unfinished business. (consideration: CR H7860-7862)
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The House resolved into Committee of the Whole House on the state of the Union for further consideration.
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UNFINISHED BUSINESS - The Chair announced that the unfinished business was on agreeing to an amendment, which had been debated earlier and on which further proceedings had been postponed.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2988.
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The previous question was ordered pursuant to the rule.
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The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
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Passed/agreed to in House: On passage Passed by the Yeas and Nays: 221 - 203 (Roll no. 437).
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On passage Passed by the Yeas and Nays: 221 - 203 (Roll no. 437).
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Motion to reconsider laid on the table Agreed to without objection.
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Considered under the provisions of rule H. Res. 1339. (consideration: CR H7825-7833; text: CR H7825-7831)
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Rule provides for consideration of H.R. 302, H.R. 2988 and H.R. 8326. Rule provides for one hour of general debate each for H.R. 302, H.R. 2988, and H.R. 8326. Rule also provides for one motion to recommit on each bill.
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House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1339 and Rule XVIII.
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The Speaker designated the Honorable Earl Blumenauer to act as Chairman of the Committee.
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GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2988.
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DEBATE - Pursuant to the provisions of H. Res. 1339, the Committee of the Whole proceeded with 20 minutes of debate on the Carolyn B. Maloney en bloc amendment.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Carolyn B. Maloney amendment, the Chair put the question on the amendment and by voice vote, announced that the noes had prevailed. Mrs. Maloney demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
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Mrs. Maloney, Carolyn B. moved that the committee rise.
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On motion that the committee rise Agreed to by voice vote.
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Committee of the Whole House on the state of the Union rises leaving H.R. 2988 as unfinished business.
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Rules Committee Resolution H. Res. 1339 Reported to House. Rule provides for consideration of H.R. 302, H.R. 2988 and H.R. 8326. Rule provides for one hour of general debate each for H.R. 302, H.R. 2988, and H.R. 8326. Rule also provides for one motion to recommit on each bill.
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Reported (Amended) by the Committee on Oversight and Reform. H. Rept. 117-334.
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Reported (Amended) by the Committee on Oversight and Reform. H. Rept. 117-334.
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Placed on the Union Calendar, Calendar No. 251.
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Committee Consideration and Mark-up Session Held.
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Ordered to be Reported in the Nature of a Substitute (Amended) by Voice Vote.
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Introduced in House
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Introduced in House
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Referred to the House Committee on Oversight and Reform.
Sponsors
- Carolyn B. Maloney · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
- Maloney, Carolyn B. Democratic
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HR 2988?
- HR 2988 is sponsored by Maloney, Carolyn B. (Democratic).
- What is the current status of HR 2988?
- This bill died with 117th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HR 2988?
- Track HR 2988 free on One Click Politics — get push/email alerts when it moves.
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