Congressional Record: February 6, 2007 (Senate)
Page S1648-S1649
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. GRASSLEY:
S. 508. 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 to reintroduce the Congressional
Whistleblower Protection Act of 2007, which will extend whistleblower
protections currently available to certain executive branch employees
to legislative branch employees.
Presently, executive branch employees are shielded from retaliation
for exposing waste, fraud, or abuse by the Whistleblower Protection
Act. The bill I'm introducing today simply extends those same
protections to legislative branch employees.
A theme that has dominated this new Congress, as well as the
elections this past November, is accountability and responsibility in
Washington. I have fought hard for whistleblowers over the years
because they are key in our efforts to ensure government accountability
to the people we are sent here to serve. In most instances, the only
reason we discover waste or fraud is because employees are brave enough
to stand up to the wrongdoers and expose their offenses. Without these
whistleblowers, the American taxpayer would continue to foot the bill.
The Office of Compliance has called for these changes on numerous
occasions in recent years, and they are very supportive of this bill.
We have already taken the steps to protect whistleblowers in the
executive branch. It doesn't make sense not to extend these same
protections to whistleblowers in our own backyard. My bill will, very
simply, give congressional employees the same protections that workers
in the other branches of government already possess.
I hope my colleagues will join me in supporting this bill to ensure
that those who help us in the fight to hold government accountable are
not punished for their efforts.
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. 508
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) Short Title.--This Act may be cited as the
``Congressional Whistleblower Protection Act of 2007''.
(b) 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
[[Page S1649]]
``(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.
``(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.''.
(c) 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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