[House Report 115-342]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-342
======================================================================
TO AMEND TITLE 5, UNITED STATES CODE, TO ALLOW WHISTLEBLOWERS TO
DISCLOSE INFORMATION TO CERTAIN RECIPIENTS
_______
October 10, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Gowdy, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 2196]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 2196) to amend title 5, United
States Code, to allow whistleblowers to disclose information to
certain recipients, 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............................................... 3
Explanation of Amendments........................................ 3
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Application of Law to the Legislative Branch..................... 4
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 4
Statement of General Performance Goals and Objectives............ 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Advisory Committee Act................................... 4
Unfunded Mandates Statement...................................... 5
Earmark Identification........................................... 5
Committee Estimate............................................... 5
Budget Authority and Congressional Budget Office Cost Estimate... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 2196 amends Title 5 to protect classified
whistleblower disclosures to the inspector general of an
agency, supervisors in an employee's chain of command, the
Director of National Intelligence, or the Inspector General of
the Intelligence Community.
BACKGROUND AND NEED FOR LEGISLATION
The Civil Service Reform Act of 1978 (CSRA) created a dual
system of protecting from reprisal those who make whistleblower
disclosures. It established broad protections for disclosures
``not specifically required by Executive order to be kept
secret in the interest of national defense or the conduct of
foreign affairs. . . .''\1\ The law protected disclosures
meeting all other requisite requirements if made to the Office
of Special Counsel (OSC), the Inspector General of an agency,
or another employee designated by the head of the agency.\2\
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\1\Pub. L. No. 95-454 Sec. 101, 92 Stat. 1111, 1116 (codified at 5
U.S.C. Sec. 2302(b)(8)(A)).
\2\5 U.S.C. 2302(b)(8)(B).
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H.R. 2196 would update the CSRA to protect disclosures of
classified information to supervisors for agencies that fall
within OSC's jurisdiction. This reflects a consensus that has
emerged in recent years on the important public policy reasons
for protecting disclosures to supervisors. Some recent reports
have addressed this need. According to an April 2014 report
from the Department of Justice:
In OSC's view, whistleblower protection laws are most
productive at encouraging the disclosure of wrongdoing,
and therefore at making the government more efficient,
if protections extend to the employee's specific work
site, where most government inefficiencies occur and
can be eliminated.\3\
---------------------------------------------------------------------------
\3\Dep't of Justice, Department of Justice Report on Regulations
Protecting FBI Whistleblowers 13-14 (Apr. 2014).
A Government Accountability Office report issued in January
2015 noted ``employees who initially raise a concern to their
supervisors not expecting that this action would ever be a
whistleblower disclosure.''\4\ The report continued:
---------------------------------------------------------------------------
\4\Gov't Accountability Office, GAO-15-112, Whistleblower
Protection: Additional Actions Needed to Improve DOJ's Handling of FBI
Retaliation Complaints 19 (Jan. 2015).
[I]t is common practice for employees to report
wrongdoing to their supervisors before reporting it to
a more senior official. . . . [I]t is typical for
employees who become aware of a problem to report it to
their supervisors, expecting to resolve the issue at
that level.\5\
---------------------------------------------------------------------------
\5\Id.
Reflecting these considerations, the FBI Whistleblower
Protection Enhancement Act of 2016 updated the CSRA to protect
Federal Bureau of Investigation employee disclosures ``to a
supervisor in the direct chain of command of the employee, up
to and including the head of the employing agency,'' as well as
to the Inspector General, to the Office of Special Counsel, and
to others.\6\ In the 114th Congress, the House passed this bill
by a vote of 404-0, and the Senate approved it by voice vote.
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\6\Pub. L. No. 114-302 Sec. 2, 130 Stat. 1516, 1516 (codified at 5
U.S.C. Sec. 2303(a)(1)).
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The public policy rationales for protecting disclosures to
supervisors are particularly applicable for disclosures in the
national security context because the government has an
interest in perceived problems involving classified information
being resolved within the management chain.
H.R. 2196 is modeled on Presidential Policy Directive 19
(PPD-19), issued by the President on October 10, 2012. That
directive prohibited the use of personnel actions or actions
affecting eligibility for access to classified information,
such as security clearance determinations, to retaliate for
protected disclosures.\7\ Section (F)(5)(a) defined a
``protected disclosure'' as the following:
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\7\Pres. Policy Directive 19 (Oct. 10, 2012).
[A] disclosure of information by the employee to a
supervisor in the employee's direct chain of command up
to and including the head of the employing agency, to
the Inspector General of the employing agency or
Intelligence Community Element, to the Director of
National Intelligence, to the Inspector General of the
Intelligence Community, or to an employee designated by
any of the above officials for the purpose of receiving
such disclosures. . . .\8\
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\8\Id. at 7.
H.R. 2196, in addition to protecting disclosures to
supervisors, would protect disclosures to the Director of
National Intelligence or the Inspector General of the
Intelligence Community.
LEGISLATIVE HISTORY
On April 27, 2017, Representative Steve Russell (R-OK)
introduced H.R. 2196, with Ranking Member Elijah Cummings (D-
MD) and Representative Steve Lynch (D-MA). Representative Blake
Farenthold (R-TX) became a cosponsor on May 2, 2017. H.R. 2196
was referred to the Committee on Oversight and Government
Reform. The Committee considered H.R. 2196 at a business
meeting on May 2, 2017, and ordered the bill reported favorably
by voice vote.
Section-by-Section
Section 1. Recipients of whistleblower disclosures
This section amends section 2302(b)(8)(B) of title 5,
United States Code, by adding to the list of individuals to
whom classified disclosures can be made: the inspector general
of an agency, the Director of National Intelligence, the
Inspector General of the Intelligence Community, or a
supervisor in an employee's chain of command up to and
including the head of the employing agency.
Explanation of Amendments
There were no amendments offered during Committee
consideration of H.R. 2196.
Committee Consideration
On May 2, 2017, the Committee met in open session and
ordered reported favorably the bill, H.R. 2196, by voice vote,
a quorum being present.
Roll Call Votes
There were no roll call votes during consideration of H.R.
2196.
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 amends title 5, United States Code, to allow
whistleblowers to disclose information to certain recipients.
As such, this bill does not relate to employment or access to
public services and accommodations.
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
goal or objective of this bill is to amend title 5, United
States Code, to allow whistleblowers to disclose information to
certain recipients.
Duplication of Federal Programs
In accordance with clause 2(c)(5) of rule XIII no provision
of this bill 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 this bill does not
direct the completion of any specific rule makings within the
meaning of section 551 of title 5, United States Code.
Federal Advisory Committee Act
The Committee finds the legislation does not establish or
authorize the establishment of an advisory committee within the
definition of Section 5(b) of the appendix to title 5, United
States Code.
Unfunded Mandates Statement
Pursuant to section 423 of the Congressional Budget and
Impoundment Control Act (Pub. L. 113-67) the Committee has
included a letter received from the Congressional Budget Office
below.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the House of Representatives.
Committee Estimate
Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of
the House of Representatives, the Committee includes below a
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the House of
Representatives, the cost estimate prepared by the
Congressional Budget Office and submitted pursuant to section
402 of the Congressional Budget Act of 1974 is as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 22, 2017.
Hon. Jason Chaffetz,
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. 2196, a bill to
amend title 5, United States Code, to allow whistleblowers to
disclose information to certain recipients.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 2196--A bill to amend title 5, United States Code, to allow
whistleblowers to disclose information to certain recipients
H.R. 2196 would amend the Whistleblower Protection Act
(WPA) to extend protections to disclosures of classified
information to any supervisor in an employee's chain of
command. Under current law, only disclosures to a direct
supervisor are protected.
The Merit Systems Protection Board (MSPB) hears claims
against federal agencies brought by whistleblowers. Expanding
the scope of the protections to include additional supervisors
could increase the number of such hearings and any related
costs (such as those related to job restoration, back pay,
reimbursement of attorneys' fees, and medical costs). However,
based on information from the MSPB and the Office of Special
Counsel about the likely number of additional cases under the
bill, CBO expects that additional cases dealing with
disclosures of classified information would be very limited in
number. Thus, CBO estimates that implementing H.R. 2196 would
have no significant cost.
Enacting the legislation could affect direct spending by
agencies not funded through annual appropriations; therefore,
pay-as-you-go procedures apply. However, CBO estimates that any
net increase in spending by those agencies would be negligible.
Enacting H.R. 2196 would not affect revenues.
CBO estimates that enacting H.R. 2196 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 2196 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 contacts for this estimate are Matthew
Pickford and William Ma. The estimate was approved by H. Samuel
Papenfuss, Deputy Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART A--GENERAL PROVISIONS
* * * * * * *
CHAPTER 23--MERIT SYSTEM PRINCIPLES
* * * * * * *
Sec. 2302. Prohibited personnel practices
(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
(E) on the basis of marital status or
political affiliation, as prohibited under any
law, rule, or regulation;
(2) solicit or consider any recommendation or
statement, oral or written, with respect to any
individual who requests or is under consideration for
any personnel action unless such recommendation or
statement is based on the personal knowledge or records
of the person furnishing it and consists of--
(A) an evaluation of the work performance,
ability, aptitude, or general qualifications of
such individual; or
(B) an evaluation of the character, loyalty,
or suitability of such individual;
(3) coerce the political activity of any person
(including the providing of any political contribution
or service), or take any action against any employee or
applicant for employment as a reprisal for the refusal
of any person to engage in such political activity;
(4) deceive or willfully obstruct any person with
respect to such person's right to compete for
employment;
(5) influence any person to withdraw from competition
for any position for the purpose of improving or
injuring the prospects of any other person for
employment;
(6) grant any preference or advantage not authorized
by law, rule, or regulation to any employee or
applicant for employment (including defining the scope
or manner of competition or the requirements for any
position) for the purpose of improving or injuring the
prospects of any particular person for employment;
(7) appoint, employ, promote, advance, or advocate
for appointment, employment, promotion, or advancement,
in or to a civilian position any individual who is a
relative (as defined in section 3110(a)(3) of this
title) of such employee if such position is in the
agency in which such employee is serving as a public
official (as defined in section 3110(a)(2) of this
title) or over which such employee exercises
jurisdiction or control as such an official;
(8) take or fail to take, or threaten to take or fail
to take, a personnel action with respect to any
employee or applicant for employment because of--
(A) any disclosure of information by an
employee or applicant which the employee or
applicant reasonably believes 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,
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; or
(B) any disclosure 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] the
Inspector General of an agency, a supervisor in
the employee's direct chain of command up to
and including the head of the employing agency,
the Director of National Intelligence, the
Inspector General of the Intelligence
Community, or to an employee designated by any
of the aforementioned individuals for the
purpose of receiving such disclosures, of
information which the employee or applicant
reasonably believes evidences--
(i) any violation (other than a
violation of this section) 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;
(9) take or fail to take, or threaten to take or fail
to take, any personnel action against any employee or
applicant for employment because of--
(A) the exercise of any appeal, complaint, or
grievance right granted by any law, rule, or
regulation--
(i) with regard to remedying a
violation of paragraph (8); or
(ii) other than with regard to
remedying a violation of paragraph (8);
(B) testifying for or otherwise lawfully
assisting any individual in the exercise of any
right referred to in subparagraph (A)(i) or
(ii);
(C) cooperating with or disclosing
information to the Inspector General of an
agency, or the Special Counsel, in accordance
with applicable provisions of law; or
(D) for refusing to obey an order that would
require the individual to violate a law;
(10) discriminate for or against any employee or
applicant for employment on the basis of conduct which
does not adversely affect the performance of the
employee or applicant or the performance of others;
except that nothing in this paragraph shall prohibit an
agency from taking into account in determining
suitability or fitness any conviction of the employee
or applicant for any crime under the laws of any State,
of the District of Columbia, or of the United States;
(11)(A) knowingly take, recommend, or approve any
personnel action if the taking of such action would
violate a veterans' preference requirement; or
(B) knowingly fail to take, recommend, or approve any
personnel action if the failure to take such action
would violate a veterans' preference requirement;
(12) take or fail to take any other personnel action
if the taking of or failure to take such action
violates any law, rule, or regulation implementing, or
directly concerning, the merit system principles
contained in section 2301 of this title; or
(13) implement or enforce any nondisclosure policy,
form, or agreement, if such policy, form, or agreement
does not contain the following statement: ``These
provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by existing
statute or Executive order relating to (1) classified
information, (2) communications to Congress, (3) the
reporting to an Inspector General of a violation of any
law, rule, or regulation, or mismanagement, a gross
waste of funds, an abuse of authority, or a substantial
and specific danger to public health or safety, or (4)
any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and
liabilities created by controlling Executive orders and
statutory provisions are incorporated into this
agreement and are controlling.''.
This subsection shall not be construed to authorize the
withholding of information from Congress or the taking of any
personnel action against an employee who discloses information
to Congress. For purposes of paragraph (8), (i) any presumption
relating to the performance of a duty by an employee whose
conduct is the subject of a disclosure as defined under
subsection (a)(2)(D) may be rebutted by substantial evidence,
and (ii) a determination as to whether an employee or applicant
reasonably believes that such employee or applicant has
disclosed information that evidences any violation of law,
rule, regulation, gross mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific danger to
public health or safety shall be made by determining whether a
disinterested observer with knowledge of the essential facts
known to and readily ascertainable by the employee or applicant
could reasonably conclude that the actions of the Government
evidence such violations, mismanagement, waste, abuse, or
danger.
(c) The head of each agency shall be responsible for the
prevention of prohibited personnel practices, for the
compliance with and enforcement of applicable civil service
laws, rules, and regulations, and other aspects of personnel
management, and for ensuring (in consultation with the Office
of Special Counsel) that agency employees are informed of the
rights and remedies available to them under this chapter and
chapter 12 of this title, including how to make a lawful
disclosure of information that is specifically required by law
or Executive order to be kept classified in the interest of
national defense or the conduct of foreign affairs to the
Special Counsel, the Inspector General of an agency, Congress,
or other agency employee designated to receive such
disclosures. Any individual to whom the head of an agency
delegates authority for personnel management, or for any aspect
thereof, shall be similarly responsible within the limits of
the delegation.
(d) This section shall not be construed to extinguish or
lessen any effort to achieve equal employment opportunity
through affirmative action or any right or remedy available to
any employee or applicant for employment in the civil service
under--
(1) section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16), prohibiting discrimination on the
basis of race, color, religion, sex, or national
origin;
(2) sections 12 and 15 of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 631, 633a),
prohibiting discrimination on the basis of age;
(3) under section 6(d) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(d)), prohibiting
discrimination on the basis of sex;
(4) section 501 of the Rehabilitation Act of 1973 (29
U.S.C. 791), prohibiting discrimination on the basis of
handicapping condition; or
(5) the provisions of any law, rule, or regulation
prohibiting discrimination on the basis of marital
status or political affiliation.
(e)(1) For the purpose of this section, the term ``veterans'
preference requirement'' means any of the following provisions
of law:
(A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312,
3313, 3314, 3315, 3316, 3317(b), 3318, 3320, 3351,
3352, 3363, 3501, 3502(b), 3504, and 4303(e) and (with
respect to a preference eligible referred to in section
7511(a)(1)(B)) subchapter II of chapter 75 and section
7701.
(B) Sections 943(c)(2) and 1784(c) of title 10.
(C) Section 1308(b) of the Alaska National Interest
Lands Conservation Act.
(D) Section 301(c) of the Foreign Service Act of
1980.
(E) Sections 106(f), 7281(e), and 7802(5) of title
38.
(F) Section 1005(a) of title 39.
(G) Any other provision of law that the Director of
the Office of Personnel Management designates in
regulations as being a veterans' preference requirement
for the purposes of this subsection.
(H) Any regulation prescribed under subsection (b) or
(c) of section 1302 and any other regulation that
implements a provision of law referred to in any of the
preceding subparagraphs.
(2) Notwithstanding any other provision of this title, no
authority to order corrective action shall be available in
connection with a prohibited personnel practice described in
subsection (b)(11). Nothing in this paragraph shall be
considered to affect any authority under section 1215 (relating
to disciplinary action).
(f)(1) A disclosure shall not be excluded from subsection
(b)(8) because--
(A) the disclosure was made to a supervisor or to a
person who participated in an activity that the
employee or applicant reasonably believed to be covered
by subsection (b)(8)(A)(i) and (ii);
(B) the disclosure revealed information that had been
previously disclosed;
(C) of the employee's or applicant's motive for
making the disclosure;
(D) the disclosure was not made in writing;
(E) the disclosure was made while the employee was
off duty; or
(F) of the amount of time which has passed since the
occurrence of the events described in the disclosure.
(2) If a disclosure is made during the normal course of
duties of an employee, the disclosure shall not be excluded
from subsection (b)(8) if any employee who has authority to
take, direct others to take, recommend, or approve any
personnel action with respect to the employee making the
disclosure, took, failed to take, or threatened to take or fail
to take a personnel action with respect to that employee in
reprisal for the disclosure.
* * * * * * *
[all]