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 Per-
sonnel Act of 1978 to personnel of the courts of the
District of Columbia.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘District of Columbia
Court Employees Whistleblower Protection Act of 1999’’.
SEC. 2. WHISTLEBLOWER PROTECTION FOR PERSONNEL
OF THE COURTS OF THE DISTRICT OF CO-
LUMBIA.
(a) IN GENERAL.—Subchapter II of chapter 17 of
title 11, District of Columbia Code, is amended by adding
at the end the following new section:
‘‘§ 11–1733. Whistleblower protection for court per-
sonnel
‘‘Notwithstanding any other provision of law, section
1503 of the District of Columbia Comprehensive Merit
Personnel Act of 1978 (DC Code, sec. 1–616.3) shall
apply to court personnel, except that court personnel may
institute a civil action pursuant to subsection (c) of such
section in the Superior Court of the District of Columbia
or the United States District Court for the District of Co-
lumbia.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for subchapter II of chapter 17 of title 11, District of Co-
lumbia Code, is amended by adding at the end the fol-
lowing new item:
‘‘11–1733. Whistleblower protection for court personnel.’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘District of Columbia
Court Employees Act of 1999’’.
SEC. 2. COMMUNICATIONS WITH CONGRESS BY DISTRICT
OF COLUMBIA COURTS PERSONNEL.
(a) IN GENERAL.—Subchapter II of chapter 17 of title
11, District of Columbia Code, is amended by adding at
the end the following new section:
‘‘§ 11–1733. Court personnel communications with
Congress
‘‘(a) In this section, the term—
‘‘(1) ‘Congress’ means the United States Congress
and includes any member, employee, or agent of Con-
gress; and
‘‘(2) ‘District of Columbia court’ means the Su-
perior Court of the District of Columbia and the Dis-
trict of Columbia Court of Appeals.
‘‘(b) Nonjudicial employees of the District of Columbia
court shall be treated as employees of the Federal Govern-
ment solely for purposes of section 7211 of title 5, United
States Code (relating to employees’ right to petition Con-
gress).
‘‘(c)(1) An employee or former employee may file a
civil action in the United States District Court for the Dis-
trict of Columbia for relief of a violation of subsection (b),
if—
‘‘(A) the employee or former employee reasonably
believes that such a violation occurred;
‘‘(B) the employee or former employee files a
grievance relating to such violation with the Joint
Committee on Judicial Administration of the District
of Columbia not later than 270 days after the viola-
tion occurred;
‘‘(C) the Joint Committee—
‘‘(i) makes a final decision; or
‘‘(ii) makes no decision within 60 days
after the filing of the grievance; and
‘‘(D) the employee or former employee files such
civil action not later than 1 year after the date of the
violation.
‘‘(2) Relief in an action filed under paragraph (1)
may include—
‘‘(A) an injunction to restrain continued viola-
tion of this section;
‘‘(B) rescission of a retaliatory action;
‘‘(C) the reinstatement of the employee or former
employee to the same position held before the retalia-
tory action, or to an equivalent position;
‘‘(D) the reinstatement of the employee’s or
former employee’s full fringe benefits and seniority
rights;
‘‘(E) compensation for lost wages and benefits;
and
‘‘(F) the payment by the District of Columbia
court of the employee’s or former employee’s reason-
able costs and attorney fees, if the employee or former
employee is the prevailing party.
‘‘(d) In any civil action filed under subsection (c), the
District of Columbia court may file a motion for an award
of reasonable attorney fees and court costs. The presiding
judge may order such fees and costs to be awarded to the
District of Columbia court, if the judge determines that an
action brought by an employee or former employee under
this section was not well grounded in fact and not war-
ranted by law.
‘‘(e) The filing of a civil action in accordance with
this section shall constitute the employee’s or former em-
ployee’s exclusive remedy under the laws of the United
States or the District of Columbia for violation of this sec-
tion.
‘‘(f) The District of Columbia court shall conspicuously
display notices of an employee’s protections and obligations
under this section, and shall use other appropriate means
to keep all employees informed of such protections and obli-
gations.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
table of sections for subchapter II of chapter 17 of title 11,
District of Columbia Code, is amended by adding at the
end the following new item:
‘‘11–1733. Court personnel communications with Congress.’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall take effect
as if included in the enactment of title XI of the Balanced
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 pro-
vide for personnel protection for District of Columbia
court employees.’’.