S.Amdt. 4434

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(3) The number of allegations dismissed or withdrawn.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.
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