[Congressional Record Volume 164, Number 46 (Thursday, March 15, 2018)]
[Senate]
[Pages S1770-S1771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               WHISTLEBLOWER PROTECTION COORDINATION ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 286, S. 1869.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1869) to reauthorize and rename the position of 
     Whistleblower Ombudsman to be the Whistleblower Protection 
     Coordinator.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment, as follows:
  (The part of the bill intended to be stricken is shown in boldface 
brackets and the part of the bill intended to be inserted is shown in 
italics.)

                                S. 1869

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Whistleblower Protection 
     Coordination Act''.

     SEC. 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.

  Mr. McCONNELL. I ask unanimous consent that the committee-reported

[[Page S1771]]

amendment be agreed to; that the Grassley amendment at the desk be 
considered and agreed to; that the bill, as amended, be considered read 
a third time and passed; and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment was agreed to.
  The amendment (No. 2211) was agreed to, as follows:

          (Purpose: To modify the repeal of sunset provision)

       On page 6, strike lines 1 through 3 and insert the 
     following:
       (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.

  The bill (S. 1869), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 1869

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Whistleblower Protection 
     Coordination Act''.

     SEC. 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