119-s1154

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1154 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1154

 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.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 26, 2025

Mr. Blumenthal (for himself, Ms. Hirono, Ms. Klobuchar, Mr. Markey, Mr. 
 Sanders, Mr. Schiff, Mr. Van Hollen, Mr. Whitehouse, and Mr. Wyden) 
introduced the following bill; which was read twice and referred to the 
 Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

 A BILL

 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 2025''.

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 4701 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 4701 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 4701 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 180 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, or if a final decision results 
 in a denial of relief for a violation of subsection

    (a) alleged by a covered individual under subparagraph
        (A) ,
        (B) ,
            (C) , or
            (D) of paragraph

    (1) of this subsection, 
 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 relief described in 
 subparagraph
        (B) of this paragraph.
 ``
        (B) Relief.--Relief described in this 
 subparagraph is--
 ``
            (i) the sum of 200 percent of the amount 
 of lost wages and 100 percent of the amount of 
 lost benefits, with interest;
 ``
            (ii) reinstatement;
 ``
            (iii) costs and attorney fees;
 ``
            (iv) compensatory damages;
 ``
            (v) equitable or injunctive relief; or
 ``
            (vi) any other relief that the court 
 considers appropriate.
 ``
            (C) Jury trial.--An action brought under 
 subparagraph
        (A) shall, upon the request of the covered 
 individual, be tried by the court with a jury.
 ``
            (D) 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 4701 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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