II

Calendar No. 295

106TH CONGRESS

1ST SESSION H. R. 858

[Report No. 106–167]

IN THE SENATE OF THE UNITED STATES

MARCH 17, 1999

Received; read twice and referred to the Committee on Governmental Affairs

SEPTEMBER 30, 1999

Reported by Mr. THOMPSON, with an amendment and an amendment to the

title

[Omit the part struck through and insert the part printed in italic]

AN ACT

To amend title 11, District of Columbia Code, to extend

coverage under the whistleblower protection provisions

of the District of Columbia Comprehensive Merit Personnel Act of 1978 to personnel of the courts of the

District of Columbia.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘District of Columbia

5 Court Employees Whistleblower Protection Act of 1999’’.
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1 SEC. 2. WHISTLEBLOWER PROTECTION FOR PERSONNEL

2 OF THE COURTS OF THE DISTRICT OF CO3 LUMBIA.

4 (a) IN GENERAL.—Subchapter II of chapter 17 of

5 title 11, District of Columbia Code, is amended by adding

6 at the end the following new section:

7 ‘‘§ 11–1733. Whistleblower protection for court per8 sonnel

9 ‘‘Notwithstanding any other provision of law, section

10 1503 of the District of Columbia Comprehensive Merit

11 Personnel Act of 1978 (DC Code, sec. 1–616.3) shall

12 apply to court personnel, except that court personnel may

13 institute a civil action pursuant to subsection (c) of such

14 section in the Superior Court of the District of Columbia

15 or the United States District Court for the District of Co16 lumbia.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 for subchapter II of chapter 17 of title 11, District of Co19 lumbia Code, is amended by adding at the end the fol20 lowing new item:

‘‘11–1733. Whistleblower protection for court personnel.’’.

21 SECTION 1. SHORT TITLE.

22 This Act may be cited as the ‘‘District of Columbia

23 Court Employees Act of 1999’’.
3

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1 SEC. 2. COMMUNICATIONS WITH CONGRESS BY DISTRICT

2 OF COLUMBIA COURTS PERSONNEL.

3 (a) IN GENERAL.—Subchapter II of chapter 17 of title

4 11, District of Columbia Code, is amended by adding at

5 the end the following new section:

6 ‘‘§ 11–1733. Court personnel communications with

7 Congress

8 ‘‘(a) In this section, the term—

9 ‘‘(1) ‘Congress’ means the United States Congress

10 and includes any member, employee, or agent of Con11 gress; and

12 ‘‘(2) ‘District of Columbia court’ means the Su13 perior Court of the District of Columbia and the Dis14 trict of Columbia Court of Appeals.

15 ‘‘(b) Nonjudicial employees of the District of Columbia

16 court shall be treated as employees of the Federal Govern17 ment solely for purposes of section 7211 of title 5, United

18 States Code (relating to employees’ right to petition Con19 gress).

20 ‘‘(c)(1) An employee or former employee may file a

21 civil action in the United States District Court for the Dis22 trict of Columbia for relief of a violation of subsection (b),

23 if—

24 ‘‘(A) the employee or former employee reasonably

25 believes that such a violation occurred;
4

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1 ‘‘(B) the employee or former employee files a

2 grievance relating to such violation with the Joint

3 Committee on Judicial Administration of the District

4 of Columbia not later than 270 days after the viola5 tion occurred;

6 ‘‘(C) the Joint Committee—

7 ‘‘(i) makes a final decision; or

8 ‘‘(ii) makes no decision within 60 days

9 after the filing of the grievance; and

10 ‘‘(D) the employee or former employee files such

11 civil action not later than 1 year after the date of the

12 violation.

13 ‘‘(2) Relief in an action filed under paragraph (1)

14 may include—

15 ‘‘(A) an injunction to restrain continued viola16 tion of this section;

17 ‘‘(B) rescission of a retaliatory action;

18 ‘‘(C) the reinstatement of the employee or former

19 employee to the same position held before the retalia20 tory action, or to an equivalent position;

21 ‘‘(D) the reinstatement of the employee’s or

22 former employee’s full fringe benefits and seniority

23 rights;

24 ‘‘(E) compensation for lost wages and benefits;

25 and
5

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1 ‘‘(F) the payment by the District of Columbia

2 court of the employee’s or former employee’s reason3 able costs and attorney fees, if the employee or former

4 employee is the prevailing party.

5 ‘‘(d) In any civil action filed under subsection (c), the

6 District of Columbia court may file a motion for an award

7 of reasonable attorney fees and court costs. The presiding

8 judge may order such fees and costs to be awarded to the

9 District of Columbia court, if the judge determines that an

10 action brought by an employee or former employee under

11 this section was not well grounded in fact and not war12 ranted by law.

13 ‘‘(e) The filing of a civil action in accordance with

14 this section shall constitute the employee’s or former em15 ployee’s exclusive remedy under the laws of the United

16 States or the District of Columbia for violation of this sec17 tion.

18 ‘‘(f) The District of Columbia court shall conspicuously

19 display notices of an employee’s protections and obligations

20 under this section, and shall use other appropriate means

21 to keep all employees informed of such protections and obli22 gations.’’.

23 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

24 table of sections for subchapter II of chapter 17 of title 11,
6

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1 District of Columbia Code, is amended by adding at the

2 end the following new item:

‘‘11–1733. Court personnel communications with Congress.’’.

3 SEC. 3. EFFECTIVE DATE.

4 The amendments made by section 2 shall take effect

5 as if included in the enactment of title XI of the Balanced

6 Budget Act of 1997.

Amend the title so as to read: ‘‘An Act to amend

chapter 17 of title 11, District of Columbia Code, to provide for personnel protection for District of Columbia

court employees.’’.

Calendar No. 295

106TH CONGRESS

1ST SESSION H. R. 858

[Report No. 106–167]

AN ACT

To amend title 11, District of Columbia Code, to

extend coverage under the whistleblower protection provisions of the District of Columbia Comprehensive Merit Personnel Act of 1978 to personnel of the courts of the District of Columbia.

SEPTEMBER 30, 1999

Reported with an amendment and an amendment to the

title