1.Application of whistleblower protection
rules to legislative branch employees
(a)This Act may be cited as the
Congressional Whistleblower Protection
Act of 2011
.
(b)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:
207.Rights and protections under whistleblower
protection rules
(a)Rights and Protections Described
(1)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)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)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)The Board shall, pursuant to section 304,
issue regulations to implement this section.
(2)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)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)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.
.