Steve Russell

Mr. RUSSELL

Mr. RUSSELL. Mr. Speaker, I urge the adoption of the bill, and I yield back the balance of my time.

Mr. RUSSELL

Mr. RUSSELL. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2196) to amend title 5, United States Code, to allow whistleblowers to disclose information to certain recipients, as amended.

Mr. RUSSELL. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. RUSSELL. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I speak in support of H.R. 2196, a bill I introduced with Ranking Member Cummings, Mr. Lynch, and Mr. Farenthold from Texas earlier this year to allow whistleblowers to disclose information to certain recipients. Whistleblowers in the Federal Government should be able to tell their supervisors when something is wrong. That is true no matter what, but especially so in cases involving classified information, which implies a matter of national security. If whistleblowers cannot make a protected disclosure to their supervisors, they are more likely to make an illegal disclosure to people or entities without the proper security clearances. Under current law, whistleblowers in the intelligence community can make protected disclosures to their supervisors. However, whistleblowers dealing with classified information outside the intelligence community do not have that same protection. Federal employees inside the intelligence community can blow the whistle to their supervisors, to the appropriate inspector general, and to Congress. Employees outside the intelligence community do not have those protections when it comes to classified information, and they have fewer options when it comes to blowing the whistle, except to put it in the hands of those who have no clearances. Federal employees outside the intelligence community must be reassured that they can report wrongdoing to the appropriate people, including their supervisors. With this protection, whistleblowers will be less likely to disclose potentially sensitive information on waste, fraud, and abuse to the media, or other entities or individuals without the proper security clearance. This bill allows whistleblowers to make protected disclosures of classified information to individuals within their chain of command. There are very few conceivable circumstances in which a whistleblower complaint to a supervisor would jeopardize national security, but such disclosures are not currently protected, as strange as that may seem. There is no reasonable basis for concern about giving whistleblowers throughout the Federal Government the right to contact those individuals about waste, fraud, or abuse of a classified nature. These additional protections will make it easier for these employees to do the responsible thing when it comes to classified disclosures. Mr. Speaker, I reserve the balance of my time.

Mr. RUSSELL. Mr. Speaker, I would like to thank Ranking Member Cummings, Mr. Farenthold of Texas, and Mr. Lynch of Massachusetts for their great bipartisan support in this needed reform, and I urge my colleagues to support my bill. Mr. Speaker, I yield back the balance of my time.

Mr. RUSSELL

Mr. RUSSELL. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2229) to amend title 5, United States Code, to provide permanent authority for judicial review of certain Merit Systems Protection Board decisions relating to whistleblowers, and for other purposes.

Mr. RUSSELL. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. RUSSELL. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I speak in support of H.R. 2229, the All Circuit Review Act, which Ranking Member Cummings of Maryland and Mr. Farenthold of Texas introduced earlier this year. It is critical that we guarantee whistleblowers have access to fair and efficient reviews of their claims of retaliation. Between 1982 and 2012, whistleblowers could only appeal retaliation rulings made against them by the Merit Systems Protection Board, or the MSPB, to the Federal circuit. That monopoly led to the Federal circuit shaping key interpretations of whistleblower protection law without a check by any of the other circuit courts. In 2012, to the wide acclaim of the whistleblower community, the Whistleblower Protection Enhancement Act ended the Federal circuit court's monopoly over whistleblower retaliation appeals. The result, as expected, was better case law and more expeditious appeals. As a pilot program, that expansion was set to expire 3 years after enactment. In 2014, Congress acted to extend the program until November of this year. Now, this highly effective program will expire next month unless it is renewed. The whistleblower community has benefited tremendously from the pilot program. There is no good argument against making this permanent. Critics had feared that expanding jurisdiction over the MSPB appeals would lead to a torrent of cases for those circuits, swamping dockets across the Nation. Those fears have proved to be unfounded. Instead, the whistleblower community has benefited from other circuits having an opportunity to interpret Federal whistleblower case law. H.R. 2229 makes the all circuit expansion permanent, ensuring the benefits of the pilot program continue. This bipartisan initiative will put the question of appeal jurisdiction for whistleblower retaliation cases to rest once and for all. Mr. Speaker, I urge my colleagues to support this bill, and I reserve the balance of my time. House of Representatives, Committee on the Judiciary, Washington, DC, September 22, 2017. Hon. Trey Gowdy, Chairman, Committee on Oversight and Government Reform, Washington, DC. Dear Chairman Gowdy: I write with respect to H.R. 2229, the ``All Circuit Review Act.'' As a result of your having consulted with us on provisions within H.R. 2229 that fall within the Rule X jurisdiction of the Committee on the Judiciary, I forego any further consideration of this bill so that it may proceed expeditiously to the House floor for consideration. The Judiciary Committee takes this action with our mutual understanding that by foregoing consideration of H.R. 2229 at this time, we do not waive any jurisdiction over subject matter contained in this or similar legislation and that our committee will be appropriately consulted and involved as this bill or similar legislation moves forward so that we may address any remaining issues in our jurisdiction. Our committee also reserves the right to seek appointment of an appropriate number of conferees to any House-Senate conference involving this or similar legislation, and asks that you support any such request. I would appreciate a response to this letter confirming this understanding with respect to H.R. 2229 and would ask that a copy of our exchange of letters on this matter be included in the Congressional Record during floor consideration of H.R. 2229. Sincerely, Bob Goodlatte, Chairman.

Mr. RUSSELL. Mr. Speaker, I reserve the balance of my time.

Mr. RUSSELL. Mr. Speaker, I reserve the balance of my time.

Mr. RUSSELL. Mr. Speaker, I wish to thank Chairman Gowdy for his support of this legislation, and for the hard work of Ranking Member Cummings of Maryland and Mr. Farenthold of Texas for all that they have done to bring this needed bill to the floor. Mr. Speaker, I urge adoption of the bill, and I yield back the balance of my time.

Mr. RUSSELL

Mr. RUSSELL. Mr. Speaker, I would like to echo all of the comments that we heard. It is important that all of us take time and pause to recognize the tremendous work that Frederick Douglass did not only in his life, but how he impacted the United States of America. Mr. Speaker, I urge adoption of the bill, and I yield back the balance of my time.

Mr. RUSSELL. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. RUSSELL. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I speak in support of H.R. 2989, the Frederick Douglass Bicentennial Commission Act, introduced by Ms. Norton of the District of Columbia and Mr. Harris earlier this year. Next year will mark the 200th anniversary of the birth of Frederick Douglass, a man who has been called the father--and rightfully so--of the civil rights movement. Douglass was born into slavery in Maryland around 1817 but escaped by the age of 21. Douglass went on to publish an autobiography documenting his life as a slave, called, ``Narrative of the Life of Frederick Douglass,'' while a fugitive slave. Throughout his remarkable life, Douglass advocated for justice for all Americans, encouraging President Lincoln to make emancipation a cause of the Civil War, and advocating for the full integration of African Americans into political and economic life in the United States both during and following the war. H.R. 2989 establishes the Frederick Douglass Bicentennial Commission to recommend the best ways to celebrate the legacy of a man who dedicated his entire life to ensuring freedom and equality for all Americans. H.R. 2989 would do this by creating a 16-member commission to plan, develop, and coordinate activities fitting and proper to honor Mr. Douglass. The commission will submit two reports to Congress with recommendations for activities, programs, and other important information. The commission will end 30 days after the submission of its final report. The amended text considered today adds a new section clarifying that the commission will not receive additional authorized funds and will, instead, rely on private funds for its operations. The commission presents an important opportunity to recognize and support Frederick Douglass' leadership and body of work. He was a phenomenal man, and I am proud to also be a cosponsor of this important bill. I would like to thank Ms. Norton, Mr. Harris, and the 16 other cosponsors for their hard work on this bill in honor of Frederick Douglass. Mr. Speaker, I urge my colleagues to support this bill, and I reserve the balance of my time.

Mr. RUSSELL. Mr. Speaker, it is my privilege to yield such time as he may consume to the gentleman from Maryland (Mr. Harris), who is the original cosponsor of this bill.

Mr. RUSSELL

Mr. RUSSELL. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. RUSSELL. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 3031, the TSP Modernization Act of 2017, introduced by Ranking Member Cummings from Maryland and Mr. Meadows from North Carolina earlier this year. Federal employees enrolled in the Federal Employees Retirement System--known as FERS--enjoy the benefits of a three-part retirement structure. Those are a defined benefit pension plan, Social Security, and a 401(k)-style defined contribution plan known as the Thrift Savings Plan, or TSP. With its low administrative costs and simple design, the TSP is an ideal retirement vehicle. Participants can choose from a variety of investment options, including index funds designed to track the Standard & Poor's 500 Index, the Dow Jones U.S. Completion Total Stock Market Index, or a low-risk government securities investment fund. Participants can also passively manage their investments by putting money into a Lifecycle Fund, which allows the Federal Retirement Thrift Investment Board to purchase a combination of investments based on the year the employee is expected to retire. Employees have a lot of options when investing their TSP funds, but when it comes to withdrawing their funds, the options are much more limited. This is because current statutory rules preclude employees from taking multiple post-service partial withdrawals. Employees cannot request a partial withdrawal or annuity purchase after making a periodic payment withdrawal election. Statutory rules also require the purchase of an annuity if a participant fails to make an election by age 70\1/2\. The rules also restrict an employee's ability to make multiple in-service, age-based withdrawals. The Board conducted a study in 2013, which found that separated participants moved $9 billion from the TSP fund to other, costlier institutions. Nearly one out of every three of these participants cited a desire for additional withdrawal flexibility. The study also found that, among currently employed participants, the same ratio of participants requested additional withdrawal flexibility for age-based withdrawals to address life events that arise. This bill would afford those additional flexibilities to address those concerns. The bill provides more control to Federal employees over their own retirement by allowing for multiple post-separation partial withdrawals and in-service, age-based withdrawals. H.R. 3031 allows employees to change withdrawal elections as they grow older, and it allows the Board to avoid purchasing expensive annuities if a participant fails to make an election by age 70\1/2\. This bill puts power and control in the hands of the employees that make our Federal Government run to make retirement decisions based on their personal situations. Mr. Speaker, I urge my colleagues to support the bill, and I reserve the balance of my time.

Mr. RUSSELL. Mr. Speaker, I reserve the balance of my time.

Mr. RUSSELL. Mr. Speaker, I wish to thank Chairman Gowdy, Ranking Member Cummings, and Chairman Meadows for their outstanding work in addressing the needs of Federal employees who give selfless public service to our Nation and should have this flexibility in their retirement planning. Mr. Speaker, I urge the adoption of the bill, and I yield back the balance of my time.

Mr. RUSSELL

Mr. RUSSELL. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3243) to amend title 40, United States Code, to eliminate the sunset of certain provisions relating to information technology, to amend the National Defense Authorization Act for Fiscal Year 2015 to extend the sunset relating to the Federal Data Center Consolidation Initiative, and for other purposes.

Mr. RUSSELL. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. RUSSELL. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I speak in support of H.R. 3243, the FITARA Enhancement Act of 2017, introduced by Mr. Connolly, Mr. Issa, Ms. Kelly from Illinois, and Mr. Meadows earlier this year. Today, the Federal Government spends more than $90 billion on Federal IT, with approximately 75 percent of this money spent on archaic and legacy IT. This means we are paying more for less: less capability and less security. Meanwhile, major Federal IT investments often result in multimillion-dollar cost overruns and delays. This state of affairs led the Government Accountability Office to designate Federal IT acquisition and management as high risk in 2015, meaning this area is at high risk of waste, fraud, abuse, and mismanagement. In 2014, Congress passed the Federal Information Technology Acquisition Reform Act, otherwise known as FITARA, to address some of these IT challenges. Congress has maintained a watchful eye to ensure agencies fully implement the requirements of FITARA and use it as a vital oversight tool. In fact, the Oversight and Government Reform Committee has held five hearings on FITARA implementation. The committee also created a FITARA scorecard to hold Federal agencies accountable for meeting FITARA requirements, some of which sunset in the near term. This bill will help us facilitate Congress' oversight efforts by extending key FITARA requirements to improve Federal IT. For example, this bill extends requirements for agencies to publicly report schedule and cost information and to assess the risks of major IT investments. This bill also extends requirements for each agency to regularly assess its IT portfolio, look for opportunities to reduce duplication, and find savings. Finally, the bill will help us continue to hold agencies accountable for consolidating and optimizing their data centers by extending these requirements--and GAO's verification of these requirements--through 2020. The GAO, which has been instrumental in assisting Congress oversee FITARA implementation, supports extending the FITARA sunset dates. Mr. Connolly from Virginia and Mr. Issa from California have been the key leaders on the original FITARA law, and they have come together again to sponsor this bill, along with Representatives Meadows and Kelly. The FITARA Enhancement Act is truly a bipartisan effort in making sure Federal agencies get their information technology management and acquisition houses in order. Mr. Speaker, I urge my colleagues to support this bill, and I reserve the balance of my time.

Mr. RUSSELL. Mr. Speaker, I yield such time as he may consume to the gentleman from California (Mr. Issa), an original cosponsor of this bill and also the former chairman of the Government and Oversight Reform Committee.

Mr. RUSSELL. Mr. Speaker, I thank Chairman Gowdy, Mr. Connolly from Virginia, and Mr. Issa from California for this important and continued work that will not only improve IT and reduce duplication but will continue to save billions of taxpayer dollars. Mr. Speaker, I urge adoption of the bill, and I yield back the balance of my time.

Mr. RUSSELL. Mr. Speaker, on that I demand the yeas and nays.