[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 858 Reported in Senate (RS)]






                                                       Calendar No. 295
106th CONGRESS
  1st Session
                                H. R. 858

                          [Report No. 106-167]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 1999

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

                           September 30, 1999

  Reported by Mr. Thompson, with an amendment and an amendment to the 
                                 title
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``District of Columbia Court 
Employees Whistleblower Protection Act of 1999''.</DELETED>

<DELETED>SEC. 2. WHISTLEBLOWER PROTECTION FOR PERSONNEL OF THE COURTS 
              OF THE DISTRICT OF COLUMBIA.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 11-1733. Whistleblower protection for court 
              personnel</DELETED>
<DELETED>    ``Notwithstanding any other provision of law, section 1503 
of the District of Columbia Comprehensive Merit Personnel Act of 1978 
(DC Code, sec. 1-616.3) shall apply to court personnel, except that 
court personnel may institute a civil action pursuant to subsection (c) 
of such section in the Superior Court of the District of Columbia or 
the United States District Court for the District of 
Columbia.''.</DELETED>
<DELETED>    (b) Clerical 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:</DELETED>

<DELETED>``11-1733. Whistleblower protection for court personnel.''.

</DELETED>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) In any civil action filed under subsection (c), the District 
of Columbia court may file a motion for an award of reasonable attorney 
fees and court costs. The presiding judge may order such fees and costs 
to be awarded to the District of Columbia court, if the judge 
determines that an action brought by an employee or former employee 
under this section was not well grounded in fact and not warranted by 
law.
    ``(e) 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.
    ``(f) 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.''.
                                     





                                                       Calendar No. 295

106th CONGRESS

  1st Session

                               H. R. 858

                          [Report No. 106-167]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 30, 1999

        Reported with an amendment and an amendment to the title