Whistleblower Protection Extension Act of 2017

Bill: 115-hr-4043
Sponsor: full_name: Rep. Blum, Rod [R-IA-1]
Introduced: 2017-10-12
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: 2018-03-07
text: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 340.

Summaries:
action_date: 2017-10-12
action_desc: Introduced in House
text: <p><b>Whistleblower Protection Extension Act of 2017</b> </p> <p>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.</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: I 115th CONGRESS 1st Session H. R. 4043 IN THE HOUSE OF REPRESENTATIVES October 12, 2017 Mr. Blum (for himself and Mr. Cummings ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the Inspector General Act of 1978 to reauthorize the whistleblower protection program, and for other purposes.

1. Short title This Act may be cited as the Whistleblower Protection Extension Act of 2017 . 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: IB Union Calendar No. 380 115th CONGRESS 2d Session H. R. 4043 [Report No. 115–510] IN THE HOUSE OF REPRESENTATIVES October 12, 2017 Mr. Blum (for himself and Mr. Cummings ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform January 11, 2018 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Omit the part struck through and insert the part printed in italic A BILL To amend the Inspector General Act of 1978 to reauthorize the whistleblower protection program, and for other purposes.

1. Short title This Act may be cited as the Whistleblower Protection Extension Act of 2017 . 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. (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.

January 11, 2018 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: IB 115th CONGRESS 2d Session H. R. 4043 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Inspector General Act of 1978 to reauthorize the whistleblower protection program, and for other purposes.

1. Short title This Act may be cited as the Whistleblower Protection Extension Act of 2017 . 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 (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 House of Representatives March 6, 2018. Karen L. Haas, Clerk.

tv_txt: 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.

1. Short title This Act may be cited as the Whistleblower Protection Extension Act of 2017 . 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 (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 House of Representatives March 6, 2018. Karen L. Haas, Clerk

March 7, 2018 Received; read twice and placed on the calendar