[Congressional Record Volume 167, Number 133 (Thursday, July 29, 2021)]
[Senate]
[Pages S5179-S5180]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Blumenthal, Ms. Klobuchar, 
        Mr. Wyden, Mr. Van Hollen, Mr. Carper, Ms. Hirono, Mr. Durbin, 
        Mr. Whitehouse, Ms. Baldwin, Mr. Markey, Mr. Warner, Mr. 
        Ossoff, and Mr. Bennet):
  S. 2532. A bill to provide protections for employees of, former 
employees of, and applicants for employment with Federal agencies, 
contractors, and grantees whose right to petition or furnish 
information to Congress is interfered with or denied; to the Committee 
on Homeland Security and Governmental Affairs.
  Mrs. FEINSTEIN: Mr. President, today I am reintroducing legislation 
to strengthen protections for federal whistleblowers who share valuable 
information with Congress.
  In the last four years, we have seen a major erosion of 
accountability in Government. From the firing of multiple inspectors 
general to the willful misinterpretation of whistleblower protection 
laws, it has become more difficult than ever to keep the Executive 
branch honest.
  Despite these chilling developments, many whistleblowers still come 
forward to ensure Congress could hold the powerful accountable. For 
example, in the 116th Congress, Lt. Colonel Alexander Vindman, a senior 
official at the National Security Council, shared credible information 
with Congress that the President of the United States tried to entice 
the Ukrainian President to launch a sham investigation into then-
candidate Biden. Vindman's actions directly led to Donald Trump's first 
impeachment trial, a watershed moment for our democracy.
  Whistleblowers like Vindman should be protected from retaliation. 
Unfortunately, while current law specifies that the right to report to 
Congress must not to be interfered with or denied, it fails to provide 
a remedy in the event this happens. As a result, whistleblowers have no 
meaningful protection from retaliation.
  My bill would solve this problem by expanding administrative remedies 
to all taxpayer-funded employees, including intelligence employees, 
whose right to report to Congress has been interfered with or denied. 
It also gives Federal employees the right to file a lawsuit after 
exhausting administrative remedies, for which they can seek a wide 
range of relief, including lost wages and reinstatement to their former 
positions.
  Whistleblowers are critical to the proper functioning of government. 
They enable Congress to conduct oversight, root out waste, fraud, and 
abuse, and hold accountable those who violate the public trust. It is 
incumbent on us, as members of Congress, to ensure whistle blowers can 
report to us without fearing retribution.
  I urge my colleagues to support this bill. I also ask unanimous 
consent that a copy of the bill be included in the Record.

                                S. 2532

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

     SECTION 1. SHORT TITLE.

         This Act may be cited as the ``Congressional 
     Whistleblower Protection Act of 2021''.

     SEC. 2. PROTECTIONS FOR COVERED INDIVIDUALS.

          Section 7211 of title 5, United States Code, is 
     amended--
         (1) by striking ``The right of employees'' and inserting 
     the following:
         ``(a) In General.--The right of covered individuals''; 
     and
         (2) by adding at the end the following:
         ``(b) Remedies.--
         ``(1) Administrative remedies.--
         ``(A) In general.--A covered individual with respect to a 
     Federal agency (other than a covered individual described in 
     subparagraph (B), (C), or (D)) who is aggrieved by a 
     violation of subsection (a) may seek corrective action under 
     sections 1214 and 1221 in the same manner as an individual 
     who is aggrieved by a prohibited personnel practice described 
     in section 2302(b)(8).
         ``(B) FBI employees.--A covered individual with respect 
     to the Federal Bureau of Investigation who is aggrieved by a 
     violation of subsection (a) may seek corrective action under 
     section 2303.
         ``(C) Intelligence community employees.--A covered 
     individual with respect to a covered intelligence community 
     element (as defined in section 1104(a) of the National 
     Security Act of 1947 (50 U.S.C. 3234(a))) who is aggrieved by 
     a violation of subsection (a) may seek corrective action 
     under section 1104 of the National Security Act of 1947 (50 
     U.S.C. 3234) or subsection (b)(7) or (j) of section 3001 of 
     that Act (50 U.S.C. 3341).
         ``(D) Contractor employees.--A covered individual with 
     respect to a Federal agency who is an employee of, former 
     employee of, or applicant for employment with, a contractor, 
     subcontractor, grantee, subgrantee, or personal services 
     contractor (as those terms are used in section 2409 of title 
     10 and section 4712 of title 41) of the agency and who is 
     aggrieved by a violation of subsection (a) of this section 
     may seek corrective action under section 2409 of title 10 or 
     section 4712 of title 41.
         ``(E) Burden of proof.--The burdens of proof under 
     subsection (e) of section 1221 shall apply to an allegation 
     of a violation of subsection (a) of this section made under 
     subparagraph (A), (B), (C), or (D) of this paragraph in the 
     same manner as those burdens of proof apply to an allegation 
     of a prohibited personnel practice under such section 1221.
         ``(F) Class of individuals entitled to seek corrective 
     action.--The right to seek corrective action under 
     subparagraph (A), (B), (C), or (D) shall apply to a covered 
     individual who is an employee of, former employee of, or 
     applicant for employment with, a Federal agency described in 
     the applicable subparagraph or a contractor, subcontractor, 
     grantee, subgrantee, or personal services contractor (as 
     those terms are used in section 2409 of title 10 and section 
     4712 of title 41) of such a Federal agency, notwithstanding 
     the fact that a provision of law referenced in the applicable 
     subparagraph does not authorize one or more of those types of 
     covered individuals to seek corrective action.
         ``(2) Private right of action.--
         ``(A) In general.--If a final decision providing relief 
     for a violation of subsection (a) alleged under subparagraph 
     (A), (B), (C), or (D) of paragraph (1) of this subsection is 
     not issued within 210 days of the date on which the covered 
     individual seeks corrective action under the applicable 
     subparagraph and there is no showing that the delay is due to 
     the bad faith of the covered individual, the covered 
     individual may bring an action at law or equity for de novo 
     review in the appropriate district court of the United 
     States, which shall have jurisdiction over the action without 
     regard to the amount in controversy, for lost wages and 
     benefits, reinstatement, costs and attorney fees, 
     compensatory damages, equitable or injunctive relief, or any 
     other relief that the court considers appropriate.
         ``(B) Jury trial.--An action brought under subparagraph 
     (A) shall, upon the request of the covered individual, be 
     tried by the court with a jury.
         ``(C) Burden of proof.--The burdens of proof under 
     subsection (e) of section 1221 shall apply to an allegation 
     of a violation of subsection (a) of this section in an action 
     brought under this paragraph in the same manner as those 
     burdens of proof apply to an allegation of a prohibited 
     personnel practice under such section 1221.
         ``(c) Definitions.--For purposes of this section--
         ``(1) the term `covered individual', with respect to a 
     Federal agency, means an employee of, former employee of, or 
     applicant for employment with--
         ``(A) the agency; or
         ``(B) a contractor, subcontractor, grantee, subgrantee, 
     or personal services contractor (as those terms are used in 
     section

[[Page S5180]]

     2409 of title 10 and section 4712 of title 41) of the agency; 
     and
         ``(2) the term `Federal agency' means an agency, office, 
     or other establishment in the executive, legislative, or 
     judicial branch of the Federal Government.''.
                                 ______