[Congressional Record Volume 145, Number 136 (Friday, October 8, 1999)]
[Senate]
[Pages S12324-S12325]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DISTRICT OF COLUMBIA COURT EMPLOYEES WHISTLEBLOWER PROTECTION ACT OF 
                                  1999

  Mr. WARNER. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of calendar No. 295, H.R. 858.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 858) 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Government Affairs, with 
an amendment, as follows:
  (The part of the bill intended to be stricken is shown in boldface 
brackets and the part of the bill intended to be inserted in shown in 
italic.)

                                H.R. 858

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

[[Page S12325]]

     [SECTION 1. SHORT TITLE.

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

     [SEC. 2. WHISTLEBLOWER PROTECTION FOR PERSONNEL OF THE COURTS 
                   OF THE DISTRICT OF COLUMBIA.

       [(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. Whistleblower protection for court personnel

       [``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.''.
       [(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:

[``11-1733. Whistleblower protection for court personnel.''.]

     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.''.


                           Amendment No. 2290

(Purpose: To make certain technical and conforming amendments, and for 
                            other purposes)

  Mr. WARNER. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mr. Thompson, 
     proposes an amendment numbered 2290.

  The amendment is as follows:

       On page 5, strike lines 5 through 12.
       On page 5, line 13, strike ``(e)'' and insert ``(d)''.
       On page 5, line 18, strike ``(f)'' and insert ``(e)''.

  Mr. WARNER. Mr. President, I ask unanimous consent that the amendment 
be agreed to, the committee amendment, as amended, be agreed to, the 
bill be read the third time and passed, the title amendment be agreed 
to, the motion to reconsider be laid upon the table, and that any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2290) was agreed to.
  The committee amendment, as amended, was agreed to.
  The bill, as amended, was read the third time, and passed.
  The title was amended so as so 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.

                          ____________________