To provide appropriate procedures for individual actions by whistleblowers, to provide for the appropriate assessment of costs and expenses in whistleblower cases, and for other purposes.
What it does: Rewrites page 63, line 6 through page 64, line 6
Sen. John Cornyn (R-TX)What it changes
1 change to S. 2663
We couldn't read part of this amendment. That part is shown as written below.
Rewrites page 63, line 6 through page 64, line 6
ReplacesPrinted pageRemoves page 63, line 6 through page 64, line 6 of the printed bill. See that page
Inserted: (C) If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer a reasonable attorneys' fee, not exceeding $15,000, to be paid by the complainant.
Inserted: (4)(A) If the Secretary has not issued a final decision within 210 days after the filing of the complaint, or within 90 days after receiving a written determination, the complainant may bring an action at law or equity for review in the appropriate district court of the United States with jurisdiction, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury. The proceedings shall be governed by the same legal burdens of proof specified in paragraph (2)(B).
Inserted: (B) In an action brought under subparagraph (A), the court may grant injunctive relief and compensatory damages to the complainant. The court may also grant any other monetary relief to the complainant available at law or equity, not exceeding a total amount of $50,000, including consequential damages, reasonable attorneys and expert witness fees, court costs, and punitive damages.
Inserted: (C) If the court finds that an action brought under subparagraph (A) is frivolous or has been brought in bad faith, the court may award to the prevailing employer a reasonable attorneys' fee, not exceeding $15,000, to be paid by the complainant.
Original wording
On page 63, strike line 6 and all that follows through page 64, line 6, and insert the following:
Shown as written
in an amount not to exceed $15,000 for costs and expenses (including attorneys' and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued.
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As printed
On page 63, strike line 6 and all that follows through page 64, line 6, and insert the following: in an amount not to exceed $15,000 for costs and expenses (including attorneys' and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued.
“(C) If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer a reasonable attorneys' fee, not exceeding $15,000, to be paid by the complainant.
“(4)(A) If the Secretary has not issued a final decision within 210 days after the filing of the complaint, or within 90 days after receiving a written determination, the complainant may bring an action at law or equity for review in the appropriate district court of the United States with jurisdiction, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury. The proceedings shall be governed by the same legal burdens of proof specified in paragraph (2)(B).
“(B) In an action brought under subparagraph (A), the court may grant injunctive relief and compensatory damages to the complainant. The court may also grant any other monetary relief to the complainant available at law or equity, not exceeding a total amount of $50,000, including consequential damages, reasonable attorneys and expert witness fees, court costs, and punitive damages.
“(C) If the court finds that an action brought under subparagraph (A) is frivolous or has been brought in bad faith, the court may award to the prevailing employer a reasonable attorneys' fee, not exceeding $15,000, to be paid by the complainant.
Legislative Activity
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Senate amendment agreed to: Amendment SA 4108 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S1696)
March 6, 2008
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Senate amendment agreed to: Amendment SA 4108 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S1696)
March 6, 2008
Considered by Senate. (consideration: CR S1669, S1693-1697)
March 6, 2008
Amendment SA 4108 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S1696)
March 6, 2008
Senate amendment submitted
March 5, 2008
Senate amendment proposed (on the floor): Amendment SA 4108 proposed by Senator Cornyn.(consideration: CR S1557-1560; text: CR S1557)
March 5, 2008
Amendment SA 4108 proposed by Senator Cornyn. (consideration: CR S1557-1560; text: CR S1557) To provide appropriate procedures for individual actions by whistleblowers, to provide for the appropriate assessment of costs and expenses in whistleblower cases, and for other purposes.
March 5, 2008