Whistleblower Protection Coordination Act

Bill: 115-s-1869
Sponsor: full_name: Sen. Grassley, Chuck [R-IA]
Introduced: 2017-09-27
Policy area: Government Operations and Politics
Subjects: Administrative remedies

Congressional oversight

Employment discrimination and employee rights

Government employee pay, benefits, personnel management

Government information and archives

Government studies and investigations

Merit Systems Protection Board

Office of Special Counsel
Latest action: action_date: 2018-06-25
text: Became Public Law No: 115-192.

Summaries:
action_date: 2018-06-25
action_desc: Public Law
text: <p><b>Whistleblower Protection Coordination Act </b> </p> <p>(Sec. 2) This bill permanently extends the requirement for inspectors general (IGs) to designate a Whistleblower Protection Ombudsman to educate agency employees about prohibitions on retaliation, and the rights and remedies against retaliation, for protected disclosures. </p> <p>The bill renames the Whistleblower Protection Ombudsman as the Whistleblower Protection Coordinator. It also expands the responsibilities of a Whistleblower Protection Coordinator to include the following: </p> <ul> <li>educating employees about specific rights and remedies (e.g., the means by which an employee may seek review of an allegation of reprisal);</li> <li>assisting the IG in promoting the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal; and</li> <li>assisting the IG in facilitating communication and coordination with other relevant persons and entities regarding timely and appropriate handling and consideration of protected disclosures, allegations of reprisal, and other general matters.</li> </ul> <p>A Whistleblower Protection Coordinator must have direct access to the IG to accomplish such responsibilities.<br /></p> <p>The bill also expands the responsibilities of the Council on the Inspectors General on Integrity and Efficiency to include the following:</p> <ul> <li>facilitating the work of the Whistleblower Protection Coordinators; and</li> <li>developing best practices for promoting the timely and appropriate handling and consideration of protected disclosures, allegations of reprisal, and other matters. </li> </ul> <p>Finally, the bill adds reporting requirements for semiannual reports. Specifically, with respect to instances of whistle-blower retaliation by an official, an Office of Inspector General must report on (1) the actual consequences imposed on the official who engaged in retaliation, and (2) whether a settlement agreement was entered with that official. </p>

tv_txt: II 115th CONGRESS 1st Session S. 1869 IN THE SENATE OF THE UNITED STATES September 27, 2017 Mr. Grassley (for himself, Mr. Johnson , Mr. Wyden , and Mrs. McCaskill ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To reauthorize and rename the position of Whistleblower Ombudsman to be the Whistleblower Protection Coordinator.

1. Short title This Act may be cited as the Whistleblower Protection Coordination Act . 2. Reauthorization (a) In general Section 3(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1)(C)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (B) by striking Ombudsman who shall educate agency employees— and inserting the following: Coordinator who shall— (i) educate agency employees— ; (C) in subclause (I), as so redesignated, by striking on retaliation and inserting against retaliation ; (D) in subclause (II), as so redesignated, by striking the period at the end and inserting the following: , including— (aa) 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 (bb) general information about the timeliness of such cases, the availability of any alternative dispute mechanisms, and avenues for potential relief. ; and (E) by adding at the end the following: (ii) 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 (iii) 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. ; (2) in paragraph (2), by striking Ombudsman and inserting Coordinator ; (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following: (3) The Whistleblower Protection Coordinator shall have direct access to the Inspector General as needed to accomplish the requirements of this subsection. . (b) 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: (5) Additional responsibilities relating to whistleblower protection The Council shall— (A) facilitate the work of the Whistleblower Protection Coordinators designated under section 3(d)(C); and (B) 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. . (c) Reporting Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (a), by amending paragraph (20) to read as follows: (20) (A) a detailed description of any instance of whistleblower retaliation, including information about the official found to have engaged in retaliation; and (B) what, if any, consequences the establishment actually imposed to hold the official described in subparagraph (A) accountable; ; and (2) in subsection (b)— (A) in paragraph (3)(D), by striking and at the end; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) 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 . (d) Repeal of sunset Subsection (c) of section 117 of the Whistleblower Protection Enhancement Act of 2012 ( Public Law 112–199 ; 126 Stat. 1475) is repealed.

tv_txt: II Calendar No. 286 115th CONGRESS 1st Session S. 1869 [Report No. 115–196] IN THE SENATE OF THE UNITED STATES September 27, 2017 Mr. Grassley (for himself, Mr. Johnson , Mr. Wyden , Mrs. McCaskill , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs December 14, 2017 Reported by Mr. Johnson , with an amendment Omit the part struck through and insert the part printed in italic A BILL To reauthorize and rename the position of Whistleblower Ombudsman to be the Whistleblower Protection Coordinator.

1. Short title This Act may be cited as the Whistleblower Protection Coordination Act . 2. Reauthorization (a) In general Section 3(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1)(C)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (B) by striking Ombudsman who shall educate agency employees— and inserting the following: Coordinator who shall— (i) educate agency employees— ; (C) in subclause (I), as so redesignated, by striking on retaliation and inserting against retaliation ; (D) in subclause (II), as so redesignated, by striking the period at the end and inserting the following: , including— (aa) 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 (bb) general information about the timeliness of such cases, the availability of any alternative dispute mechanisms, and avenues for potential relief. ; and (E) by adding at the end the following: (ii) 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 (iii) 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 establishment , 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. ; (2) in paragraph (2), by striking Ombudsman and inserting Coordinator ; (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following: (3) The Whistleblower Protection Coordinator shall have direct access to the Inspector General as needed to accomplish the requirements of this subsection. . (b) 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: (5) Additional responsibilities relating to whistleblower protection The Council shall— (A) facilitate the work of the Whistleblower Protection Coordinators designated under section 3(d)(C); and (B) 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. . (c) Reporting Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (a), by amending paragraph (20) to read as follows: (20) (A) a detailed description of any instance of whistleblower retaliation, including information about the official found to have engaged in retaliation; and (B) what, if any, consequences the establishment actually imposed to hold the official described in subparagraph (A) accountable; ; and (2) in subsection (b)— (A) in paragraph (3)(D), by striking and at the end; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) 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 . (d) Repeal of sunset Subsection (c) of section 117 of the Whistleblower Protection Enhancement Act of 2012 ( Public Law 112–199 ; 126 Stat. 1475) is repealed.

December 14, 2017 Reported with an amendment

tv_txt: 115th CONGRESS 2d Session S. 1869 IN THE SENATE OF THE UNITED STATES AN ACT To reauthorize and rename the position of Whistleblower Ombudsman to be the Whistleblower Protection Coordinator.

1. Short title This Act may be cited as the Whistleblower Protection Coordination Act . 2. Reauthorization (a) In general Section 3(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1)(C)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (B) by striking Ombudsman who shall educate agency employees— and inserting the following: Coordinator who shall— (i) educate agency employees— ; (C) in subclause (I), as so redesignated, by striking on retaliation and inserting against retaliation ; (D) in subclause (II), as so redesignated, by striking the period at the end and inserting the following: , including— (aa) 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 (bb) general information about the timeliness of such cases, the availability of any alternative dispute mechanisms, and avenues for potential relief. ; and (E) by adding at the end the following: (ii) 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 (iii) assist the Inspector General in facilitating communication and coordination with the Special Counsel, the Council of the Inspectors General on Integrity and Efficiency, the establishment, 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. ; (2) in paragraph (2), by striking Ombudsman and inserting Coordinator ; (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following: (3) The Whistleblower Protection Coordinator shall have direct access to the Inspector General as needed to accomplish the requirements of this subsection. . (b) 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: (5) Additional responsibilities relating to whistleblower protection The Council shall— (A) facilitate the work of the Whistleblower Protection Coordinators designated under section 3(d)(C); and (B) 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. . (c) Reporting Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (a), by amending paragraph (20) to read as follows: (20) (A) a detailed description of any instance of whistleblower retaliation, including information about the official found to have engaged in retaliation; and (B) what, if any, consequences the establishment actually imposed to hold the official described in subparagraph (A) accountable; ; and (2) in subsection (b)— (A) in paragraph (3)(D), by striking and at the end; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) 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 . (d) Repeal of sunset (1) In general Subsection (c) of section 117 of the Whistleblower Protection Enhancement Act of 2012 ( Public Law 112–199 ; 126 Stat. 1475) is repealed. (2) Retroactive effective date The amendment made by paragraph (1) shall take effect on November 26, 2017.

Passed the Senate March 15, 2018. Secretary

tv_txt: One Hundred Fifteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen S. 1869 IN THE SENATE OF THE UNITED STATES AN ACT To reauthorize and rename the position of Whistleblower Ombudsman to be the Whistleblower Protection Coordinator.

1. Short title This Act may be cited as the Whistleblower Protection Coordination Act . 2. Reauthorization (a) In general Section 3(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1)(C)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (B) by striking Ombudsman who shall educate agency employees— and inserting the following: Coordinator who shall— (i) educate agency employees— ; (C) in subclause (I), as so redesignated, by striking on retaliation and inserting against retaliation ; (D) in subclause (II), as so redesignated, by striking the period at the end and inserting the following: , including— (aa) 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 (bb) general information about the timeliness of such cases, the availability of any alternative dispute mechanisms, and avenues for potential relief. ; and (E) by adding at the end the following: (ii) 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 (iii) assist the Inspector General in facilitating communication and coordination with the Special Counsel, the Council of the Inspectors General on Integrity and Efficiency, the establishment, 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. ; (2) in paragraph (2), by striking Ombudsman and inserting Coordinator ; (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following: (3) The Whistleblower Protection Coordinator shall have direct access to the Inspector General as needed to accomplish the requirements of this subsection. . (b) 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: (5) Additional responsibilities relating to whistleblower protection The Council shall— (A) facilitate the work of the Whistleblower Protection Coordinators designated under section 3(d)(C); and (B) 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. . (c) Reporting Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (a), by amending paragraph (20) to read as follows: (20) (A) a detailed description of any instance of whistleblower retaliation, including information about the official found to have engaged in retaliation; and (B) what, if any, consequences the establishment actually imposed to hold the official described in subparagraph (A) accountable; ; and (2) in subsection (b)— (A) in paragraph (3)(D), by striking and at the end; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) 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 . (d) Repeal of sunset (1) In general Subsection (c) of section 117 of the Whistleblower Protection Enhancement Act of 2012 ( Public Law 112–199 ; 126 Stat. 1475) is repealed. (2) Retroactive effective date The amendment made by paragraph (1) shall take effect on November 26, 2017.

Speaker of the House of Representatives Vice President of the United States and President of the Senate