[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Pages S7548-S7549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4086. Mrs. FEINSTEIN submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. 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
[[Page S7549]]
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 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.''.
______