[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.''.
                                 ______