Congressional Whistleblower Protection Act of 2021
Bill: S.2532 | Sponsor: Sen. Feinstein, Dianne (D-CA)
Policy area: Government Operations and Politics

Summary:
Congressional Whistleblower Protection Act of 2021
This bill creates certain administrative and judicial remedies for federal employees whose right to provide information to Congress is interfered with or denied.
Under current law, federal employees have the right to petition or furnish information to Congress or to individual Members of Congress, and this right may not be interfered with or denied. The bill explicitly allows employees who are aggrieved by a violation of this right to seek administrative remedies that are currently available to whistleblowers who are fired or experience other forms of retaliation. The bill also establishes a private right of action for aggrieved employees, including the option of a jury trial, if an administrative remedy is not issued within 210 days of a complaint being made.
The bill applies to employees and contractors of the executive, legislative, and judicial branches of government, including members of the intelligence community.

To provide protections for employees of, former employees of, and 
   applicants for employment with Federal agencies, contractors, and 
grantees whose right to petition or furnish information to Congress is 
                       interfered with or denied.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Whistleblower 
Protection Act of 2021''.

SEC. 2. 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 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.''.
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