I 
109TH CONGRESS 
2D SESSION 
H. R. 4925 
To improve whistleblower protections. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2006 
Mr. MARKEY (for himself and Mrs. MALONEY) introduced the following bill; 
which was referred to the Committee on Education and the Workforce, 
and in addition to the Committees on Armed Services, Government Re-
form, and the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To improve whistleblower protections. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Paul Revere Freedom to Warn Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Discrimination against whistleblowers prohibited. 
Sec. 3. Enforcement action. 
Sec. 4. Remedies. 
Sec. 5. State secrets privilege. 
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Sec. 6. Criminal penalties. 
Sec. 7. Rights retained by covered individual. 
Sec. 8. Notification. 
Sec. 9. Definitions. 
Sec. 10. Effective date; applicability. 
SEC. 2. DISCRIMINATION AGAINST WHISTLEBLOWERS PRO-
HIBITED. 
It shall be unlawful for any person to discharge, de-
mote, suspend, reprimand, investigate, or take or fail to 
take any other personnel action that in any manner dis-
criminates against any covered individual, or in any other 
manner discriminate against any covered individual (in-
cluding by a denial, suspension, or revocation of a security 
clearance or by any other security access determination, 
or by denial of award of a Federal contract or sub-
contract), or to threaten or recommend the discharge, de-
motion, suspension, reprimand, investigation, other per-
sonnel action (or rejection of such action) that in any 
manner discriminates against any covered individual, or 
other manner of discrimination if such action, discrimina-
tion, or recommendation is due, in whole or in part, to 
any lawful act done, perceived to have been done, or in-
tended to be done by the covered individual— 
(1) to provide information, cause information to 
be provided, or otherwise assist in an investigation 
or proceeding regarding any conduct which the cov-
ered individual reasonably believes constitutes evi-
dence of a violation of any law, rule, or regulation, 
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a threat to national or homeland security, a substan-
tial and specific threat to public health or safety, or 
fraud, abuse of authority, waste, or mismanagement 
of public funds, if the information or assistance is 
provided to or the investigation is conducted by— 
(A) a Federal, State, or local regulatory or 
law enforcement agency (including an office of 
Inspector General under the Inspector General 
Act of 1978); 
(B) any Member of Congress, any com-
mittee of Congress, or the Government Ac-
countability Office; 
(C) any person with supervisory or mana-
gerial authority over the covered individual (or 
any other person who has the authority to in-
vestigate, discover, or terminate misconduct); or 
(D) a potential witness to or other person 
affected by or aware of the conduct described in 
this section; 
(2) to file, cause to be filed, testify, participate 
in, or otherwise assist in a proceeding or action filed 
or about to be filed relating to an alleged violation 
of any law, rule, or regulation; or 
(3) to refuse to violate or assist in the violation 
of any law, rule, or regulation. 
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SEC. 3. ENFORCEMENT ACTION. 
(a) IN GENERAL.—A covered individual who alleges 
discharge or other discrimination by any person in viola-
tion of section 2 may seek relief under section 4 by— 
(1) filing a complaint with the Secretary of 
Labor; or 
(2) if the Secretary has not issued a final deci-
sion within 180 days after the filing of the complaint 
and there is no showing that such delay is due to 
the bad faith of the claimant, bringing an action at 
law or equity for de novo review by a jury in the ap-
propriate district court of the United States, which 
shall have jurisdiction over such an action without 
regard to the amount in controversy. 
(b) PROCEDURE.— 
(1) IN GENERAL.—An action under subsection 
(a)(1) shall be governed under the rules and proce-
dures set forth in section 42121(b) of title 49, 
United States Code. 
(2) EXCEPTION.—Notification made under sec-
tion 42121(b)(1) of title 49, United States Code, 
shall be made— 
(A) to the person named in the complaint; 
and 
(B) to the person’s employer or, in the 
case of a Federal contractor or subcontractor, 
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to the instrumentality of the Government with 
which such contractor or subcontractor has en-
tered into, or submitted an offer to enter into, 
a contract. 
(3) BURDENS OF PROOF.—An action brought 
under subsection (a)(2) shall be governed by the 
legal burdens of proof set forth in section 42121(b) 
of title 49, United States Code. 
(4) STATUTE
OF
LIMITATIONS.—An action 
under subsection (a) shall be commenced not later 
than 6 years after the date on which the alleged vio-
lation occurred. 
SEC. 4. REMEDIES. 
(a) IN GENERAL.—A covered individual prevailing in 
any action under section 3(a) shall be entitled to all relief 
appropriate to make the covered individual whole. 
(b) DAMAGES.—Relief for any action under sub-
section (a) may include— 
(1) reinstatement with the same seniority status 
and employment grade or pay level (or the equiva-
lent) that the covered individual would have had, but 
for the discrimination; 
(2) 
compensatory 
damages, 
including 
the 
amount of any back pay, with interest; 
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