Bill Summary
The **Congressional Whistleblower Protection Act of 2025** aims to safeguard the rights of employees, former employees, and job applicants associated with federal agencies, contractors, and grantees who may face retaliation for reporting information or concerns to Congress.
Key provisions of the Act include:
1. **Expanded Protections**: The bill broadens the definition of "covered individuals" to include not only direct employees of federal agencies but also those linked to contractors and grantees.
2. **Remedies for Violations**: It establishes a framework for seeking corrective action in cases where an individual's rights to communicate with Congress are violated. Different processes are set for various groups, including FBI and intelligence community employees.
3. **Administrative and Legal Recourse**: Covered individuals can pursue administrative remedies or, if necessary, file lawsuits in federal court if they do not receive a timely decision regarding their claims.
4. **Relief Measures**: Remedies available to individuals may include compensation for lost wages and benefits, reinstatement, and other legal relief or damages.
5. **Burden of Proof**: The burden of proof for claims made under this legislation mirrors existing standards for proving workplace discrimination or retaliation.
Overall, this legislation reinforces the protections for whistleblowers who seek to report wrongdoing, ensuring that they can do so without fear of retribution.
Possible Impacts
The Congressional Whistleblower Protection Act of 2025 could affect people in several significant ways:
1. **Enhanced Job Security for Whistleblowers**: Employees, former employees, and applicants for employment with federal agencies or their contractors will benefit from stronger protections when they report misconduct or illegal activities. This could encourage more individuals to come forward with information about waste, fraud, or abuse without fear of retaliation, leading to a more transparent and accountable government.
2. **Access to Remedies and Legal Recourse**: The Act provides covered individuals with various administrative and legal remedies if their rights are violated. This includes the ability to seek corrective action through established legal channels, and if their case is not resolved within a specified timeframe, they can pursue a private right of action in court. This access to legal recourse may empower individuals to stand up against unfair treatment and seek compensation for lost wages, benefits, or other damages.
3. **Increased Accountability for Federal Agencies**: By allowing whistleblowers to present their cases more effectively and by providing significant legal protections, the Act may lead to increased accountability within federal agencies and their contractors. Agencies will be incentivized to create a culture that supports transparency and ethical behavior, ultimately benefiting the public by ensuring that government operations are conducted fairly and lawfully.
These examples illustrate how the legislation can create a safer environment for whistleblowers and promote ethical practices within government entities.
[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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