[Congressional Record Volume 152, Number 93 (Monday, July 17, 2006)]
[Senate]
[Pages S7630-S7631]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY:
  S. 3676. 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; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. GRASSLEY. Mr. President, I rise today to announce that I am 
introducing a bill that will extend whistleblower protections currently 
available to certain executive branch employees to legislative branch 
employees.
  This bill is long overdue. The Office of Compliance has called for 
these changes on numerous occasions in recent years, and they are very 
supportive of this bill.
  I have fought for whistleblowers for many years. Whistleblowers are 
the key to exposing a dysfunctional bureaucracy. Government agencies 
too often want to cover up their mistakes. Without insiders being brave 
enough to uncover these violations or waste, the American taxpayer 
would continue to pay for them. These people should not be punished for 
bringing the misdeeds to light.
  Whistleblowers in the executive branch have helped me do my job of 
oversight. We have done a good job to make sure that whistleblowers in 
the executive branch are protected. It is simply not fair, nor is it 
good governance for Congress to enact whistleblower protections on the 
other branches of Government without giving its own employees the same 
consideration. This bill merely extends those same protections that 
other Government employees enjoy to Congress's own employees.
  I fully back hard-working Government employees who serve to protect 
our country, and I hope my colleagues will join me. Congress needs to 
make sure that its own employees can speak up without retaliation when 
they blow the whistle on fraud, waste, or abuse.
  Mr. President, I ask unanimous consent that the text of this bill be 
printed in the record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3676

       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) 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.

[[Page S7631]]

       ``(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.''.
       (b) 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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