II
Calendar No. 340
115th CONGRESS
2d Session
H. R. 4043
IN THE SENATE OF THE UNITED STATES
March 7, 2018
Received; read twice and placed on the calendar
AN ACT
To amend the Inspector General Act of 1978 to reauthorize the whistleblower protection program, and for other purposes.
Short title
This Act may be cited as the Whistleblower Protection Extension Act of 2017
.
Reauthorization
In general
Section 3(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
in paragraph (1)(C)—
by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly;
by striking Ombudsman who shall educate agency employees—
and inserting the following:
Coordinator who shall—
educate agency employees—
;
in subclause (I), as so redesignated, by striking on retaliation
and inserting against retaliation
;
in subclause (II), as so redesignated, by striking the period at the end and inserting the following:
, including—
the means by which employees may seek review of any allegation of reprisal, including the roles of the Office of the Inspector General, the Office of Special Counsel, the Merit Systems Protection Board, and any other relevant entities; and
general information about the timeliness of such cases, the availability of any alternative dispute mechanisms, and avenues for potential relief;
; and
by adding at the end the following:
assist the Inspector General in promoting the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal, to the extent practicable, by the Inspector General; and
assist the Inspector General in facilitating communication and coordination with the Special Counsel, the Council of the Inspectors General on Integrity and Efficiency, the agency, Congress, and any other relevant entity regarding the timely and appropriate handling and consideration of protected disclosures, allegations of reprisal, and general matters regarding the implementation and administration of whistleblower protection laws, rules, and regulations.
;
in paragraph (2), by striking Ombudsman
and inserting Coordinator
;
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following:
The Whistleblower Protection Coordinator shall have direct access to the Inspector General as needed to accomplish the requirements of this subsection.
.
Responsibilities of CIGIE
Section 11(c) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:
Additional responsibilities relating to whistleblower protection
The Council shall—
facilitate the work of the Whistleblower Protection Coordinators designated under section 3(d)(C); and
in consultation with the Office of Special Counsel and Whistleblower Protection Coordinators from the member offices of the Inspector General, develop best practices for coordination and communication in promoting the timely and appropriate handling and consideration of protected disclosures, allegations of reprisal, and general matters regarding the implementation and administration of whistleblower protection laws, in accordance with Federal law.
.
Reporting
Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
in subsection (a), by amending paragraph (20) to read as follows:
a detailed description of any instance of whistleblower retaliation, including information about the official found to have engaged in retaliation; and
what, if any, consequences the establishment actually imposed to hold the official described in subparagraph (A) accountable;
; and
in subsection (b)—
in paragraph (3)(D), by striking and
at the end;
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3) the following:
whether the establishment entered into a settlement agreement with the official described in subsection (a)(20)(A), which shall be reported regardless of any confidentiality agreement relating to the settlement agreement; and
.
Repeal of sunset
In general
Subsection (c) of section 117 of the Whistleblower Protection Enhancement Act of 2012 (Public Law 112–199; 126 Stat. 1475) is repealed.
Retroactive effective date
The amendment made by paragraph (1) shall take effect on November 26, 2017.
Passed the House of Representatives March 6, 2018.
Karen L. Haas,
Clerk
March 7, 2018
Received; read twice and placed on the calendar
