[House Report 113-519]
[From the U.S. Government Publishing Office]
113th Congress } { Rept. 113-519
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
ALL CIRCUIT REVIEW EXTENSION ACT
_______
July 14, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Issa, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 4197]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 4197) to amend title 5, United
States Code, to extend the period of certain authority with
respect to judicial review of Merit Systems Protection Board
decisions relating to whistleblowers, and for other purposes,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 2
Explanation of Amendments........................................ 2
Committee Consideration.......................................... 2
Correspondence................................................... 3
Application of Law to the Legislative Branch..................... 6
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 6
Statement of General Performance Goals and Objectives............ 6
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 6
Federal Advisory Committee Act................................... 6
Unfunded Mandate Statement....................................... 6
Earmark Identification........................................... 7
Committee Estimate............................................... 7
Budget Authority and Congressional Budget Office Cost Estimate... 7
Committee Statement and Views
PURPOSE AND SUMMARY
On November 27, 2012, the President signed the
Whistleblower Protection Enhancement Act (WPEA) into law (P.L.
112-199). The WPEA contains a two year pilot program allowing
for ``all circuit'' review of appeals of Merit Systems
Protection Board decisions. The Federal Circuit had previously
had exclusive jurisdiction over such appeals. But the Federal
Circuit's overwhelming record of ruling against
whistleblowers--a record that includes a series of questionable
interpretations of the law--prompted Congress in the WPEA to
create a two-year pilot program during which time appellants
may file appeals in any circuit court of competent
jurisdiction. That authority is set to expire November 27,
2014. This legislation would extend that temporary authority
for an additional three years.
BACKGROUND AND NEED FOR LEGISLATION
Few cases have as of yet been resolved through alternative
court venues. It is necessary to extent the duration of the
pilot, then, in order to effectively assess its impact.
Extending the pilot by three years will provide this Committee
and the Congress a better understanding of whether permanent
changes to the MSPB appeal process are warranted.
LEGISLATIVE HISTORY
Congressman Elijah Cummings introduced H.R. 4197, the All
Circuit Review Extension Act, on March 11, 2014. The Committee
by voice vote ordered the bill to be reported to the full House
on March 12, 2014.
The legislative history of the Whistleblower Protection
Enhancement Act can be found in House Report 112-508.
Section-by-Section
Section 1. Short title
This Act may be cited as the ``All Circuit Review Extension
Act''.
Section 2. Judicial review of Merit Systems Protection Board decisions
relating to whistleblowers
This section extends the current pilot program expiration
date for ``all circuit'' review of whistleblower appeals from 2
years from the date of enactment to 5 years from the date of
enactment.
Explanation of Amendments
No amendments were offered.
Committee Consideration
On March 12, 2014, the Committee met in open session and
ordered reported favorably the bill, H.R. 4197, by voice vote,
a quorum being present.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill would extend the temporary authority for ``all
circuit'' review of appeals of Merit Systems Protection Board
decisions for an additional three years. Legislative branch
employees and their families, to the extent that they are
otherwise eligible for the benefits provided by this
legislation, have equal access to its benefits.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
Duplication of Federal Programs
No provision of H.R. 4197 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 4197 does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
H.R. 4197 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 4197. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 4197 from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 1, 2014.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4197, the All
Circuit Review Extension Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 4197--All Circuit Review Extension Act
CBO estimates that enacting H.R. 4197 would have no
significant effect on the federal budget. The legislation could
affect direct spending by agencies not funded through the
annual appropriations (such as the Tennessee Valley Authority);
therefore, pay-as-you-go procedures apply. CBO estimates,
however, that any net increase in spending by those agencies
would not be significant. Enacting the bill would not affect
revenues.
H.R. 4197 would extend for three years the authority for
federal employees who appeal a judgment of the Merit Systems
Protection Board (MSPB) to file their appeal at any federal
court, instead of only the U.S. Court of Appeals. Based on
information from MSPB and the Office of Special Counsel, CBO
expects that allowing appeals to be filed in any federal
circuit would lead to a small increase in the administrative
burden of the MSPB and federal agencies. We estimate, however,
that the costs associated with that increase would not be
significant.
H.R. 4197 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
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