S. 1745 (111th): Non-Federal Employee Whistleblower Protection Act of 2009

Introduced:
Oct 01, 2009 (111th Congress, 2009–2010)
Sponsor:
Sen. Claire McCaskill [D-MO]
Status:
Died (Referred to Committee)
See Instead:
This bill was re-introduced as S. 241 (112th) on Jan 31, 2011.

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

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Status

This bill was introduced on October 1, 2009, in a previous session of Congress, but was not enacted.

Progress
Introduced Oct 01, 2009
Referred to Committee Oct 01, 2009
Cosponsors
1 cosponsors (1D) (show)
Committees

Senate Homeland Security and Governmental Affairs

The committee chair determines whether a bill will move past the committee stage.

Full Title

A bill to expand whistleblower protections to non-Federal employees whose disclosures involve misuse of Federal funds.

Summary

No summaries available.

Text

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Last updated Oct 01, 2009.
19 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

10/1/2009--Introduced.
Non-Federal Employee Whistleblower Protection Act of 2009 - Amends the Federal Property and Administrative Services Act of 1949 to repeal and replace provisions prohibiting reprisals against employees of government contractors for disclosing to a federal official information relating to a substantial violation of law related to a public contract.
Prohibits an employee of any non-federal employer receiving covered funds (i.e., a contract, grant, or other payment any portion of of which is provided by the federal government) from being discriminated against as a reprisal for initiating or participating in any proceeding related to the misuse of federal funds, reasonably opposing the misuse of federal funds, or disclosing to specified federal agencies or officials information that the employee reasonably believes is evidence of:
(1) gross mismanagement of an agency contract or grant relating to covered funds;
(2) a gross waste of covered funds;
(3) a substantial and specific danger to public health or safety, or an abuse of authority, related to the implementation or use of covered funds; or
(4) a violation of a law, rule, or regulation related to an agency contract, subcontract, or grant relating to covered funds.
Sets forth provisions regarding:
(1) time limitations for agency inspector general determinations regarding whether to conduct or continue an investigation of a reprisal complaint;
(2) the right of a complainant to pursue a civil remedy if an inspector general decides not to conduct or continue an investigation or an agency denies relief or fails to act with specified periods;
(3) a complainant's access to the inspector general's investigative file;
(4) the standard of proof for a reprisal;
(5) agency actions to deny relief or to remedy a reprisal, including by requiring a compliance program to ensure that an employer commits no further retaliation or by requiring the employee to be paid ten times the amount of lost wages and other compensatory damages where the reprisal is found to have been willful, wanton, or malicious; and
(6) non-enforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 5 U.S.C. Chapter 7