3.0.0 241 2023-01-11T13:20:45Z 2023-01-11T13:20:45Z Senate S S 2011-01-31 112 ssga00 Homeland Security and Governmental Affairs Committee Senate Standing ssga13 Contracting Oversight (Ad Hoc) Subcommittee Hearings by 2011-12-06T16:47:55Z Reported by 2012-12-19T17:17:29Z Markup by 2012-04-25T15:22:01Z Referred to 2011-01-31T23:27:16Z Non-Federal Employee Whistleblower Protection Act of 2012 112 6406 HR 2012-09-13 Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Armed Services, and Education and the Workforce, 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. Related bill CRS 2012-12-19 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 569. Calendars 2012-12-19 ssga00 Homeland Security and Governmental Affairs Committee Senate Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. Without written report. Committee 2012-12-19 Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. Without written report. Committee 14000 9 Library of Congress ssga00 Homeland Security and Governmental Affairs Committee 2012-04-25 ssga00 Homeland Security and Governmental Affairs Committee Senate Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably. Committee 2011-12-06 ssga13 Contracting Oversight (Ad Hoc) Subcommittee Senate Committee on Homeland Security and Governmental Affairs Subcommittee on Contracting Oversight. Hearings held. With printed Hearing: S.Hrg. 112-547. Committee 2011-01-31 ssga00 Homeland Security and Governmental Affairs Committee Senate Read twice and referred to the Committee on Homeland Security and Governmental Affairs. IntroReferral 2011-01-31 Introduced in Senate IntroReferral 10000 9 Library of Congress M001170 Sen. McCaskill, Claire [D-MO] Claire McCaskill D MO N W000803 Sen. Webb, Jim [D-VA] James Webb D VA H. "Jim" 2011-01-31 True T000464 Sen. Tester, Jon [D-MT] Jon Tester D MT 2011-12-06 False Government Operations and Politics Administrative remedies Civil actions and liability Employment discrimination and employee rights Government employee pay, benefits, personnel management Government ethics and transparency, public corruption Government studies and investigations Judicial review and appeals Public contracts and procurement State and local government operations Government Operations and Politics 00 2011-01-31 Introduced in Senate 2013-01-15T23:13:09Z Non-Federal Employee Whistleblower Protection Act of 2011- Repeals and replaces provisions prohibiting reprisals against employees of government contractors for disclosing to a federal official information relating to a substantial violation of law related to a public contract.

Prohibits an employee of any non-federal employer receiving covered funds (i.e., a contract, grant, or other payment any portion of which is provided by the federal government) from being discharged, demoted, or discriminated against as a reprisal for initiating or participating in any proceeding related to the misuse of federal funds, reasonably opposing the misuse of federal funds, or disclosing to specified federal agencies or officials information that the employee reasonably believes is evidence of: (1) gross mismanagement of an agency contract or grant relating to covered funds; (2) a gross waste of covered funds; (3) a substantial and specific danger to public health or safety, or an abuse of authority, related to the implementation or use of covered funds; or (4) a violation of a law, rule, or regulation related to an agency contract, subcontract, or grant relating to covered funds.

Sets forth provisions on: (1) time limitations for determinations by inspector generals on whether to conduct or continue an investigation of a reprisal complaint, (2) the right of a complainant to pursue a civil remedy, (3) access by a complainant to the inspector general's investigative file, (4) the standard of proof for a reprisal, (5) agency actions to deny relief or remedy a reprisal, and (6) nonenforceability of waivers and arbitration of disputes.

]]> 01 2012-12-19 Reported to Senate with amendment(s) 2013-01-18T20:58:33Z Non-Federal Employee Whistleblower Protection Act of 2012 - Repeals and replaces provisions prohibiting reprisals against employees of civilian and defense contractors for disclosures to federal officials of information concerning a substantial violation of law related to a public contract.

Prohibits an employee of any non-federal employer receiving covered funds (defined as any contract, grant, or other payment received by a non-federal employer if the federal government provides any portion of the money or property that is provided, requested, or demanded) from being discharged, demoted, or discriminated against as a reprisal for initiating or participating in any proceeding related to the misuse of federal funds, for reasonably opposing the misuse of federal funds, or for disclosing to specified federal agencies or officials information that the employee reasonably believes is evidence of: (1) gross mismanagement of an agency contract or grant relating to covered funds; (2) a gross waste of covered funds; (3) a substantial and specific danger to public health or safety, or an abuse of authority related to the implementation or use of covered funds; or (4) a violation of a law, rule, or regulation related to an agency contract, subcontract, or grant relating to covered funds.

Authorizes any person who believes that he or she has been subjected to a reprisal (complainant) to submit a complaint to an appropriate inspector general. Requires an inspector general to investigate and report on nonfrivolous complaints within 180 days after receipt. Grants an inspector general an extension of time to investigate and report on a complaint and discretion not to conduct or continue an investigation of a complaint.

Grants a complainant access to the investigative file of an inspector general. Allows an inspector general to exclude from disclosure any information in a file protected from disclosure by law and any additional information which the inspector general determines would impede a continuing investigation.

Requires an agency head, after receiving a report by an inspector general and determining that a reprisal has taken place, to take remedial action, including: (1) ordering the employer to take affirmative action to abate the reprisal; (2) ordering the employer to reinstate the complainant and pay compensation; (3) ordering the employer to pay the complainant costs and expenses, including attorney fees; (4) posting a copy of the decision of the inspector general to notify other employees of the employer of the reprisal; and (5) ordering the employer to pay a complainant no more than 10 times the amount of lost wages and compensatory damages for reprisals that were willful, wanton, or malicious.

Establishes a presumption that a reprisal has occurred if a complainant demonstrates that a whistleblower disclosure was a contributing factor in the reprisal. Grants a complainant who has exhausted all administrative remedies the right to bring a de novo civil action against the employer in an appropriate U.S. district court.

Prohibits a waiver of any rights or remedies provided by this Act in any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement.

]]> Non-Federal Employee Whistleblower Protection Act of 2012 Display Title Non-Federal Employee Whistleblower Protection Act of 2012 Official Title as Introduced A bill to expand whistleblower protections to non-Federal employees whose disclosures involve misuse of Federal funds. Introduced in Senate IS Short Titles as Introduced Non-Federal Employee Whistleblower Protection Act of 2011 Short Titles as Reported to Senate Non-Federal Employee Whistleblower Protection Act of 2012 S Senate Reported to Senate 2012-12-19T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112s241rs/xml/BILLS-112s241rs.xml Introduced in Senate 2011-01-31T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112s241is/xml/BILLS-112s241is.xml 2012-12-19 Placed on Senate Legislative Calendar under General Orders. Calendar No. 569. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.