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[DOCID: f:h3806ih.txt]






107th CONGRESS
  2d Session
                                H. R. 3806

 To amend title 5, United States Code, to protect those who defend the 
United States by exercising their duty as patriots to warn against the 
 existence of threats to weaknesses created by institutional failures 
  that should be identified and corrected in a timely manner, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2002

  Mr. Israel (for himself, Mr. Gilman, Mr. Markey, and Mrs. Morella) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committee on Government Reform, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title 5, United States Code, to protect those who defend the 
United States by exercising their duty as patriots to warn against the 
 existence of threats to weaknesses created by institutional failures 
  that should be identified and corrected in a timely manner, and for 
                            other purposes.

    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 ``Paul Revere Freedom to Warn Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) terrorist attacks are a fundamental threat to America's 
        freedom;
            (2) the Nation's capacity to be vigilant requires Congress 
        and law enforcement agencies to be aware of vulnerability to 
        terrorism from the existence of threats to weaknesses created 
        by institutional failures that should be identified and 
        corrected in a timely manner;
            (3) the President has called on all Americans, as their 
        patriotic duty, to bear witness against ongoing threats to our 
        way of life;
            (4) whistleblowers have risked retaliation and been 
        harassed for making significant contributions to prevent 
        avoidable tragedies by exercising First Amendment rights to 
        warn against threats to America's public safety infrastructure 
        for national defense, civil defense, law enforcement, 
        transportation, communications, energy, and food;
            (5) whistleblowers often face severe harassment and 
        retaliation for exercising their duty to warn, and such 
        retaliation for responsibly exercising freedom of speech itself 
        is a threat to America's way of life;
            (6) since 1912 Federal law has banned retaliation for 
        communicating with Congress because the free flow of 
        information is a prerequisite for effective exercise of 
        constitutional checks and balances, and the prohibition has 
        been extended to protect witnesses testifying to law 
        enforcement agencies;
            (7) there are no remedies to enforce these rights for 
        victims of their violation; and
            (8) Paul Revere, who risked his life to warn that America's 
        communities were being invaded, was America's first 
        whistleblower and personifies the way in which whistleblowers 
        can make a difference in our Nation's survival.

SEC. 3. PURPOSE.

    The purpose of this Act is to protect people in either the public 
or private sector who defend the United States by exercising their duty 
as patriots to warn against the existence of threats to weaknesses 
created by institutional failures that should be identified and 
corrected in a timely manner.

SEC. 4. REMEDIES FOR RETALIATION AGAINST WHISTLEBLOWERS.

    Section 7211 of title 5, United States Code, is amended--
            (1) by inserting ``(a)'' before ``The right''; and
            (2) by adding at the end the following:
    ``(b)(1) Any person aggrieved by a violation of subsection (a) of 
this section or subsections (b) or (c) of section 1512 if title 18 may 
bring a civil action (and is entitled to a jury trial) in the 
appropriate United States District Court within three years from the 
date of such violation, against any person, organization, or employer 
responsible for the violation, for lost wages and benefits, 
reinstatement, costs and attorney fees, compensatory or punitive 
damages, and equitable, injunctive, or any other relief that the court 
considers appropriate.
    (2) A District Court shall retain jurisdiction over any claim filed 
under this subsection unless all parties voluntarily elect after the 
complaint is filed that the proceeding be resolved through mediation 
and, if necessary, that a decision by an arbitrator selected by mutual 
consent, with approval by the District Court, be binding. The District 
Court shall retain jurisdiction as necessary to comply with an 
arbitrator's decision.
    ``(c) The same legal burdens of proof in proceedings under 
subsection (b) shall apply as under sections 1214 and 1221 of this 
title.''.
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