HR 226 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 226CommentsClose CommentsPermalink

To strengthen the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

January 7, 2011CommentsClose CommentsPermalink

Ms. JACKSON LEE of Texas introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To strengthen the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Congressional Disclosures Protections Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. ALTERNATIVE REMEDY FOR RETALIATION AGAINST WHISTLEBLOWERS MAKING DISCLOSURES TO CONGRESS.

(a) In General- Subchapter II of chapter 72 of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 7212. Alternative remedy

‘(a) Definitions- For purposes of this section--CommentsClose CommentsPermalink





‘(1) the term ‘compensatory damages’ means damages awarded to a complaining party for each ‘action’, which shall be synonymous with ‘cause of action’ or ‘claim’, as prescribed by title VII of the Civil Rights Act of 1991;CommentsClose CommentsPermalink





‘(2) the term ‘covered disclosure’ means a disclosure of information--CommentsClose CommentsPermalink





‘(A) made by an employee to either House of Congress or to a committee or Member or staff thereof; andCommentsClose CommentsPermalink





‘(B) which the employee reasonably believes evidences--CommentsClose CommentsPermalink





‘(i) a violation of any law (including title VII of the Civil Rights Act of 1964), rule, or regulation; orCommentsClose CommentsPermalink





‘(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;CommentsClose CommentsPermalink





‘(3) the term ‘employee’ means an individual as defined by section 2105 and any other individual, including permanent, temporary, full- or part-time employees or applicants, independent contractors, medical or other staff, professionals with institutional privileges, individuals paid by temporary services, or individuals performing services for an organization that in whole or in part is a contractor, grantee or other recipient if the United States Government provides any portions of the money or property which is requested or demanded; andCommentsClose CommentsPermalink





‘(4) the term ‘interfered with or denied’ includes any personnel action in section 2302(a)(2)(A); implementation or enforcement of any nondisclosure policy, form or agreement in violation of this section; and investigation or prosecution of any alleged violation of title 18 provisions other than those prohibiting crimes of violence, moral turpitude or espionage.CommentsClose CommentsPermalink





‘(b) Alternative Remedy- An employee aggrieved by a violation of section 7211 with respect to a covered disclosure may within a year of the alleged violation bring an action at law and equity in the appropriate district court of the United States--CommentsClose CommentsPermalink





‘(1) which shall have jurisdiction over such an action without regard to the amount in controversy and which action shall, at the request of any party to such action, be tried by the court with a jury; andCommentsClose CommentsPermalink





‘(2) in any proceeding under this subsection, a court--CommentsClose CommentsPermalink





‘(A) shall apply the standards set forth in section 1221(e); andCommentsClose CommentsPermalink





‘(B) shall award triple lost wages, benefits, reinstatement, costs including reasonable expert witness fees, triple attorney fees, triple compensatory damages including emotional distress and lost reputation, and equitable, injunctive, and any other relief that the court considers appropriate.CommentsClose CommentsPermalink





‘(c) Choice of Remedies- Except in the circumstance described in subsection (b)(1)(B), the commencement of an action under this subsection bars the employee from pursuing (or further pursuing) any remedy otherwise available under section 1221 or 7701 with respect to the personnel action involved.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 72 of title 5, United States Code, is amended by inserting after the item relating to section 7211 the following:CommentsClose CommentsPermalink





‘7212. Alternative remedy.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this Act shall take effect on the date of enactment of this Act and shall apply with respect to any personnel action (as defined by section 2302(a)(2)(A) of title 5, United States Code) occurring on or after such date of enactment.CommentsClose CommentsPermalink

SEC. 3. RIGHT OF REPRESENTATION.

Section 1212(a) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (5);CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (6) and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(7) upon request, furnish such legal representation as an employee may require in a proceeding in which such employee seeks relief under section 7212 of title 5.’.CommentsClose CommentsPermalink

SEC. 4. AMENDMENT TO NO FEAR ACT.

Paragraph (3) of section 203(a) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended to read as follows:CommentsClose CommentsPermalink





‘(3) the amount of money required to be reimbursed by such agency under section 201 in connection with each of such cases, including for salaries or pay, travel costs, and any other expenses, separately identifying the aggregate amount of such reimbursements attributable to the payment of attorney’s fees, if any, and separately identifying the total dollar amount by fiscal year of any reimbursement for which an agency remains liable under section 201;’.CommentsClose CommentsPermalink