[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 474 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 474

    To amend the Congressional Accountability Act of 1995 to apply 
    whistleblower protections available to certain executive branch 
   employees to legislative branch employees, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2009

Mr. Grassley (for himself and Mrs. McCaskill) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend the Congressional Accountability Act of 1995 to apply 
    whistleblower protections available to certain executive branch 
   employees to legislative branch employees, 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. APPLICATION OF WHISTLEBLOWER PROTECTION RULES TO LEGISLATIVE 
              BRANCH EMPLOYEES.

    (a) Short Title.--This Act may be cited as the ``Congressional 
Whistleblower Protection Act of 2009''.
    (b) In General.--Part A of title II of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1311 et seq.) is amended--
            (1) in the heading, by striking ``fair labor standards,'' 
        and all that follows and inserting ``and other protections and 
        benefits'';
            (2) by redesignating section 207 as section 208; and
            (3) by inserting after section 206 the following:

``SEC. 207. RIGHTS AND PROTECTIONS UNDER WHISTLEBLOWER PROTECTION 
              RULES.

    ``(a) Rights and Protections Described.--
            ``(1) In general.--No employing office may take or fail to 
        take, or threaten to take or fail to take, a personnel action 
        (within the meaning of chapter 23 of title 5, United States 
        Code) with respect to any covered employee or applicant for 
        employment because of--
                    ``(A) any disclosure of information by a covered 
                employee or applicant which the employee or applicant 
                reasonably believes evidences--
                            ``(i) a violation of any law, 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;
                if such disclosure is not specifically prohibited by 
                law and if such information is not specifically 
                required by Executive order or the rules of the Senate 
                or the House of Representatives to be kept secret in 
                the interest of national defense or the conduct of 
                foreign affairs; or
                    ``(B) any disclosure to the General Counsel, or to 
                the Inspector General of a legislative or executive 
                agency or another employee designated by the head of 
                the legislative or executive agency to receive such 
                disclosures, of information which the employee or 
                applicant reasonably believes evidences--
                            ``(i) a violation of any law, 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.
            ``(2) Definitions.--For purposes of this section and for 
        purposes of applying the procedures established under title IV 
        for the consideration of alleged violations of this section--
                    ``(A) the term `covered employee' includes an 
                employee of the Government Accountability Office or 
                Library of Congress; and
                    ``(B) the term `employing office' includes the 
                Government Accountability Office and the Library of 
                Congress.
    ``(b) Remedy.--The remedy for a violation of subsection (a) shall 
be such remedy as would be appropriate if awarded under chapter 12 of 
title 5, United States Code, with respect to a prohibited personnel 
practice described in section 2302(b)(8) of such title.
    ``(c) Regulations To Implement Section.--
            ``(1) In general.--The Board shall, pursuant to section 
        304, issue regulations to implement this section.
            ``(2) Agency regulations.--The regulations issued under 
        paragraph (1) shall be the same as the substantive regulations 
        promulgated by the Merit Systems Protection Board to implement 
        chapters 12 and 23 of title 5, United States Code, except to 
        the extent that the Board of Directors of the Office of 
        Compliance may determine, for good cause shown and stated 
        together with the regulation, that a modification of such 
        regulations would be more effective for the implementation of 
        the rights and protections under this section.''.
    (c) Technical and Conforming Amendments.--
            (1) Table of contents.--The table of contents for part A of 
        title II of the Congressional Accountability Act of 1995 is 
        amended--
                    (A) in the item relating to part A, by striking 
                ``Fair Labor Standards,'' and all that follows and 
                inserting ``and Other Protections and Benefits'';
                    (B) by redesignating the item relating to section 
                207 as relating to section 208; and
                    (C) by inserting after the item relating to section 
                206 the following:

``Sec. 207. Rights and protections under whistleblower protection 
                            rules.''.
            (2) Application of laws.--Section 102(a) of the 
        Congressional Accountability Act of 1995 (2 U.S.C. 1302(a)) is 
        amended by adding at the end the following:
            ``(12) Section 2302(b)(8) of title 5, United States 
        Code.''.
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