[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 858 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                       October 8, 1999.
      Resolved, That the bill from the House of Representatives (H.R. 
858) entitled ``An Act to amend title 11, District of Columbia Code, to 
extend coverage under the whistleblower protection provisions of the 
District of Columbia Comprehensive Merit Personnel Act of 1978 to 
personnel of the courts of the District of Columbia.'', do pass with 
the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia Court Employees 
Act of 1999''.

SEC. 2. COMMUNICATIONS WITH CONGRESS BY DISTRICT OF COLUMBIA COURTS 
              PERSONNEL.

    (a) In General.--Subchapter II of chapter 17 of title 11, District 
of Columbia Code, is amended by adding at the end the following new 
section:
``Sec. 11-1733. Court personnel communications with Congress
    ``(a) In this section, the term--
            ``(1) `Congress' means the United States Congress and 
        includes any member, employee, or agent of Congress; and
            ``(2) `District of Columbia court' means the Superior Court 
        of the District of Columbia and the District of Columbia Court 
        of Appeals.
    ``(b) Nonjudicial employees of the District of Columbia court shall 
be treated as employees of the Federal Government solely for purposes 
of section 7211 of title 5, United States Code (relating to employees' 
right to petition Congress).
    ``(c)(1) An employee or former employee may file a civil action in 
the United States District Court for the District of Columbia for 
relief of a violation of subsection (b), if--
            ``(A) the employee or former employee reasonably believes 
        that such a violation occurred;
            ``(B) the employee or former employee files a grievance 
        relating to such violation with the Joint Committee on Judicial 
        Administration of the District of Columbia not later than 270 
        days after the violation occurred;
            ``(C) the Joint Committee--
                    ``(i) makes a final decision; or
                    ``(ii) makes no decision within 60 days after the 
                filing of the grievance; and
            ``(D) the employee or former employee files such civil 
        action not later than 1 year after the date of the violation.
    ``(2) Relief in an action filed under paragraph (1) may include--
            ``(A) an injunction to restrain continued violation of this 
        section;
            ``(B) rescission of a retaliatory action;
            ``(C) the reinstatement of the employee or former employee 
        to the same position held before the retaliatory action, or to 
        an equivalent position;
            ``(D) the reinstatement of the employee's or former 
        employee's full fringe benefits and seniority rights;
            ``(E) compensation for lost wages and benefits; and
            ``(F) the payment by the District of Columbia court of the 
        employee's or former employee's reasonable costs and attorney 
        fees, if the employee or former employee is the prevailing 
        party.
    ``(d) The filing of a civil action in accordance with this section 
shall constitute the employee's or former employee's exclusive remedy 
under the laws of the United States or the District of Columbia for 
violation of this section.
    ``(e) The District of Columbia court shall conspicuously display 
notices of an employee's protections and obligations under this 
section, and shall use other appropriate means to keep all employees 
informed of such protections and obligations.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
subchapter II of chapter 17 of title 11, District of Columbia Code, is 
amended by adding at the end the following new item:

``11-1733. Court personnel communications with Congress.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 shall take effect as if included 
in the enactment of title XI of the Balanced Budget Act of 1997.

            Amend the title so as to read: ``An Act to amend chapter 17 
        of title 11, District of Columbia Code, to provide for 
        personnel protection for District of Columbia court 
        employees.''.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                               H. R. 858

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                               AMENDMENTS