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Code · BILL · 115th Congress · H.R. 5874 (Introduced in House) — To amend the Indian Health Care Improvement Act to improve the recruitment and retention of employees in the Indian H... · Sec. 202

Sec. 202. Right of Federal employees to petition Congress

439 words·~2 min read·/bill/115/hr/5874/ih/section-202

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Section 7211 of title 5, United States Code, is amended— by striking The right of and inserting
(a); and In general .—The right of by adding at the end the following new subsection: An employee who interferes with or denies a right protected under subsection
(a)shall be subject to any adverse action described in paragraphs
(1)through
(5)of section 7512, in accordance with the procedure described in section 7513 and any other applicable procedure. . The Secretary of Health and Human Services (referred to in this subsection as the Secretary ), acting through the Director of the Indian Health Service, shall, in accordance with paragraphs
(2)through (6), provide to each employee of the Indian Health Service, and electronically post, a memorandum providing notice of the right to petition Congress under section 7211 of title 5, United States Code. The memorandum described in paragraph
(1)shall include the following statement: It is a violation of section 7211 of title 5, United States Code, for any Federal agency or employee to require a Federal employee to seek approval, guidance, or any other form of input prior to contacting Congress with information, even if that information is in relation to the job responsibilities of the employee. A Federal employee found to have interfered with or denied the right of another Federal employee under such section shall be subject to an adverse action described in paragraphs
(1)through
(5)of section 7512 of title 5, United States Code, including a suspension for more than 14 days without pay. . Not later than 30 days after the date of enactment of this Act, the Secretary shall submit the memorandum described in paragraph
(1)to the Inspector General of the Department of Health and Human Services (referred to in this subsection as the Inspector General ) for approval. Not later than 30 days after the submission of the memorandum under paragraph (3), or a revised memorandum under paragraph (6), the Inspector General shall approve or disapprove the memorandum or revised memorandum, as the case may be. In the case of an approval under paragraph (4), not later than 30 days after such approval, the Secretary shall— provide to each employee of the Indian Health Service an electronic copy of the approved memorandum; and post such memorandum in a clear and conspicuous place on the website of the Indian Health Service for a period not less than 120 days. In the case of a disapproval under paragraph (4), not later than 15 days after such disapproval, the Secretary shall submit a revised memorandum to the Inspector General for approval under paragraph (4).
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