Congressional Disclosures Protections Act of 2007 - Amends federal personnel law to: (1) define "covered disclosure" with respect to federal whistleblower protections to mean a disclosure of information made by an employee to either House of Congress or to a congressional committee or staff member which such employee reasonably believes evidences a violation of any law, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (2) allow federal employees to seek de novo review of their whistleblower claims within one year of filing such claims; (3) expand legal remedies for whistleblowers, including triple damages for lost wages, triple attorney fees, and triple compensatory damages; and (4) require the Office of Special Counsel to provide legal representation to whistleblowers, upon request.
Amends the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No Fear Act) to expand the reporting requirements of federal agencies relating to reimbursement of the expenses of employees who have filed whistleblower claims.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4650 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 4650
To strengthen the Notification and Federal Employee Antidiscrimination
and Retaliation Act of 2002, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 13, 2007
Mr. Wynn 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 concerned
_______________________________________________________________________
A BILL
To strengthen the Notification and Federal Employee Antidiscrimination
and Retaliation Act of 2002, and for other purposes.
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 ``Congressional Disclosures
Protections Act of 2007''.
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:
``Sec. 7212. Alternative remedy
``(a) Definitions.--For purposes of this section--
``(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;
``(2) the term `covered disclosure' means a disclosure of
information--
``(A) made by an employee to either House of
Congress or to a committee or Member or staff thereof;
and
``(B) which the employee reasonably believes
evidences--
``(i) a violation of any law (including
title VII of the Civil Rights Act of 1964),
rule, or regulation; or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety;
``(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; and
``(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.
``(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--
``(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; and
``(2) in any proceeding under this subsection, a court--
``(A) shall apply the standards set forth in
section 1221(e); and
``(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.
``(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.''.
(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:
``7212. Alternative remedy.''.
(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.
``7212. Alternative remedy.''.
SEC. 3. RIGHT OF REPRESENTATION.
Section 1212(a) of title 5, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) 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.''.
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:
``(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;''.
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Introduced in House
Introduced in House
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 concerned.
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 concerned.
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 concerned.
Referred to the Subcommittee on Federal Workforce, Post Office, and the District of Columbia.
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