[Congressional Record Volume 162, Number 88 (Monday, June 6, 2016)]
[Senate]
[Pages S3460-S3461]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4434. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle D of title IX, add the following:

     SEC. 965. INFORMATION ON WHISTLEBLOWER REPRISAL 
                   INVESTIGATIONS IN SEMIANNUAL REPORTS TO 
                   CONGRESS OF THE INSPECTOR GENERAL OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Information Required.--The Inspector General of the 
     Department of Defense shall include in each semiannual report 
     to Congress of the Inspector General pursuant to section 5(a) 
     of the Inspector General Act of 1978 (5 U.S.C. App.) the 
     information specified in subsection (c) with respect to 
     investigations of prohibited personnel actions against 
     personnel specified in subsection (b) during the period 
     covered by such report.
       (b) Covered Personnel.--The personnel specified in this 
     subsection are personnel of the Department Defense, and of 
     each element of the intelligence community referred to in 
     section 8H(a)(1)(A) of the Inspector General Act of 1978, as 
     follows:
       (1) Members of the Armed Forces, including members of the 
     National Guard and the Reserves, on active duty.
       (2) Civilian employees.
       (3) Non-appropriated fund instrumentality employees.
       (4) Employees of contractors.
       (5) Employees of subcontractors.
       (6) Employees of grantees.
       (7) Employees of subgrantees.
       (8) Such other personnel as the Inspector General considers 
     appropriate for purposes of this section.
       (c) Covered Information.--The information specified in this 
     subsection is information on prohibited personnel actions 
     against the personnel specified in subsection (b), set forth 
     by category of personnel enumerated in that subsection, as 
     follows:
       (1) The number of allegations received by the Inspector 
     General
       (2) The number of allegations investigated by the Inspector 
     General.
       (3) The number of allegations dismissed or withdrawn.
       (4) The number of allegations closed by the Inspector 
     General, including--
       (A) the number of allegations closed by the Inspector 
     General without investigation; and
       (B) the number of allegations closed by the Inspector 
     General without the complainant being interviewed.
       (5) The number of investigated allegations substantiated by 
     the Inspector General, and the substantiation rate.

[[Page S3461]]

       (6) The average time for the investigation of allegations.
       (7) In the case of personnel of the Department of Defense, 
     the number of allegations pursued by an Inspector General 
     within a military department and subsequently reviewed by the 
     Inspector General of the Department of Defense.
       (8) In the case of personnel of the elements of the 
     intelligence community referred to in subsection (b), the 
     number of investigations returned by an Inspector General of 
     the Intelligence Community for additional analysis or 
     investigation.
       (9) In the case of allegations received from employees of 
     contractors, subcontrators, grantees, and subgrantees under 
     section 2409 of title 10, United States Code--
       (A) the number of allegations received; and
       (B) the statutory standards applied in the investigation of 
     such allegations.
       (10) In the case of substantiated allegations, the number 
     and percentage of cases in which the department, agency, 
     element, or component concerned took remedial action.
       (11) The number and types of disciplinary actions taken 
     against persons determined to have committed a prohibited 
     personnel action.
       (d) Outreach and Training.--Each report described in 
     subsection (a) shall also include a description of the 
     telephone hotline outreach and training events conducted for 
     personnel of the Department of Defense by the Inspector 
     General of the Department of Defense during the period 
     covered by such report.
       (e) Definitions.--In this section:
       (1) The term ``prohibited personnel action'' means the 
     taking or threatening to take an unfavorable personnel 
     action, or the withholding or threatening to withhold a 
     favorable personnel action, as a reprisal against an 
     individual for making or preparing to make the following:
       (A) A lawful communication to a Member of Congress or an 
     Inspector General.
       (B) A communication to a covered individual or organization 
     in which the individual complains of, or discloses 
     information that the individual reasonably believes 
     constitutes evidence of, any of the following:
       (i) A violation of law or regulation, including a law or 
     regulation prohibiting sexual harassment or unlawful 
     discrimination.
       (ii) Gross mismanagement, a gross waste of funds, an abuse 
     of authority, or a substantial and specific danger to public 
     health or safety.
       (2) The term ``covered individual or organization'' means 
     any recipient of a communication specified in clauses (i) 
     through (v) of section 1034(b)(1)(B) of title 10, United 
     States Code.
       (3) The term ``unlawful discrimination'' means 
     discrimination on the basis of race, color, religion, sex, or 
     national origin.
                                 ______