[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]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      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.''.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mr. Padilla):
  S. 2537. A bill to amend the Internal Revenue Code of 1986 to provide 
a credit for previously-owned qualified plug-in electric drive motor 
vehicles; to the Committee on Finance.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the 
``Affordable EVs for Working Families Act of 2021.''
  This bill is an important measure that will ensure more widespread, 
equitable adoption of electric vehicles by creating a tax credit for 
buyers of pre-owned electric vehicles, similar to the tax credit that 
exists for purchasers of new electric vehicles.
  Starting now, and over the next several decades, the United States 
must take swift, decisive action to reduce our carbon emissions--
especially from the transportation sector, which makes up one-third of 
all U.S. carbon emissions.
  I am proud to say that California has led the way in the adoption of 
low- and zero-emission vehicles for several decades by incentivizing 
the development and purchase of electric and hybrid electric vehicles, 
and setting high fuel economy standards that 13 States have opted to 
follow.
  According to research released just last month by the Pew Research 
Center, California has by far the highest share of electric vehicles of 
any State in the Nation--on average, 12 electric vehicles registered 
per 1,000 people.
  As a result, California now has the largest pre-owned electric 
vehicle market in the nation. Sales for pre-owned electric vehicles in 
California have grown significantly in recent years.
  However, a study released just last month by Energy Innovation found 
that for lower-income households, the up-front costs of purchasing an 
electric vehicle presents an especially large hurdle, despite the long-
term cost savings that they offer, such as on gas and maintenance.
  Transportation is the second-largest expense for all U.S. households, 
but presents a particular burden for lower-income households--
suggesting that incentives for pre-owned buyers targeted toward lower 
and middle-income communities can increase adoption of electric 
vehicles in those communities significantly, and further accelerate 
overall adoption.
  We cannot miss an opportunity to ensure that as we electrify our 
transportation sector, electric vehicles become an option for all 
families--not just those who can afford new ones.
  My bill would do just that.
  My bill would provide a $2,500 tax credit to purchasers of preowned 
electric vehicles, similar to the credit already offered to purchasers 
of new electric vehicles. The credit only applies to vehicles that cost 
$25,000 or less, and would be phased down for buyers whose adjusted 
gross income exceeds $75,000 per year for individuals and $150,000 for 
joint filers.
  My bill also includes critical safeguards such as a vehicle 
identification number reporting requirements and a 2-year previous 
ownership requirement to ensure that any attempted fraud is quickly 
caught.
  I would like to thank Congressmen Jimmy Gomez who is introducing the 
House companion to this bill, and has carried this effort in the House, 
along with Congressman Mike Thompson who included a similar provision 
in the House clean energy tax incentives package, the GREEN Act.
  I would also like to thank the Los Angeles Department of Water and 
Power, California Air Resources Board, our utilities and other 
California localities that have led the way on this policy by offering 
their own rebates for pre-owned electric vehicles.
  Now, with the Senate considering historic investments in electric 
vehicles and charging infrastructure, it is time for the federal 
government to follow California's lead and ensure that buyers of pre-
owned vehicles receive a tax credit similar to the one for buyers of 
new EVs.
  I urge my colleagues to support this bill. Thank you, Mr. President. 
I yield the floor.
                                 ______
                                 
      By Ms. HIRONO (for herself, Mr. Whitehouse, Mrs. Murray, and Mr. 
        Durbin):
  S. 2553. A bill to amend title 28, United States Code, to protect 
employees of the Federal judiciary from discrimination, and for other 
purposes; to the Committee on the Judiciary.
  Ms. HIRONO. Mr. President, I rise today to introduce the Judiciary 
Accountability Act of 2021. I thank Representatives Johnson, Speier, 
Nadler, Torres, and Mace, along with my cosponsors, Senators 
Whitehouse, Murray, and Durbin, for working with me to finally ensure 
that employees of the Federal judiciary have strong statutory rights 
and protections against discrimination, sexual harassment, retaliation, 
and other forms of workplace misconduct.
  More than 30,000 people work in the Federal judiciary. As with any 
organization of this size, the judiciary is not immune from workplace 
misconduct.
  Over the years, however, a variety of factors have worked together to 
prevent instances of workplace misconduct within the judiciary from 
coming to light. There is a unique power imbalance between the Federal 
judges who sit atop this vast organization and the clerks, staffers, 
and other employees who rely on connections and recommendations to 
advance their careers. The cloak of confidentiality ensures what 
happens in chambers stays in chambers. And, perhaps most important, 
there is a lack of legal recourse available to judicial employees who 
are denied even the most fundamental workplace protections. Indeed, the 
Federal judiciary is one of the few employers--private or public--whose 
employees are not protected by state or federal civil rights laws.
  Despite all these reasons to keep quiet, a number of victims have 
bravely come forward to report serious harassment by Federal judges 
over the past several years. In December 2017, six former law clerks 
and staffers accused Ninth Circuit Judge Alex Kozinski of subjecting 
them to a range of inappropriate sexual conduct and comments. In 
September 2019, the Tenth Circuit Judicial Council issued an order 
finding that District Court Judge Carlos Murguia had harassed multiple 
employees over a period of years, including by subjecting them to 
sexually suggestive comments; inappropriate text messages; and 
excessive, non-work-related contact. In February 2020, a former law 
clerk to the late-Ninth Circuit Judge Stephen Reinhardt accused the 
judge of a months-long harassment campaign.
  In the face of this egregious misconduct and Congressional pressure, 
the federal judiciary has taken only small, limited steps to protect 
its employees. It is not enough.
  The Judiciary Accountability Act fills the void left by the 
judiciary's inaction and extends to judicial branch employees the same 
anti-discrimination rights and remedies other government sector 
employees and private sector workers have had for decades. It also goes 
further. Among other things, it would create an Office of Judicial 
Integrity to administer a nationwide, confidential reporting system; 
establish a Special Counsel for Equal Employment Opportunity empowered 
to investigate all workplace misconduct complaints; form an Office of 
Employee Advocacy to assist in judicial branch employees in matters 
relating to workplace discrimination and harassment; protect 
whistleblowers by prohibiting retaliation; and establish a 
comprehensive workplace misconduct prevention program.
  These reforms are not only necessary, they are long overdue. I 
therefore encourage my colleagues to support the Judiciary 
Accountability Act.

                          ____________________