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Code · BILL · 118th Congress · S. 3130 (Introduced in Senate) — 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

490 words·~2 min read·/bill/118/s/3130/is/section-202

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Section 7211 of title 5, United States Code, is amended— by striking The right of and inserting the following: The right of ; and by adding at the end the following: 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, acting through the Director of the Indian Health Service (referred to in this subsection as the Secretary ), shall provide, in accordance with paragraphs
(2)through (5), to each employee of the Indian Health Service notice of the right to petition Congress under section 7211 of title 5, United States Code. Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to the Inspector General of the Department of Health and Human Services (referred to in this subsection as the Inspector General ) a memorandum that includes 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 any of 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 on which the memorandum is submitted under paragraph (2), the Inspector General shall approve or disapprove the memorandum. If the Inspector General disapproves the memorandum, the Inspector General shall advise the Secretary on what changes to the memorandum are necessary for approval. If the memorandum is approved under paragraph (3), not later than 30 days after the date of the approval, the Secretary shall— provide to each employee of the Indian Health Service an electronic copy of the approved memorandum; and post the memorandum in a clear and conspicuous place on the website of the Indian Health Service. If the memorandum is disapproved under paragraph (3), not later than 15 days after the date of disapproval, the Secretary shall submit to the Inspector General a revised memorandum that incorporates the changes advised under subparagraph
(B)of that paragraph. Not later than 30 days after the date on which the revised memorandum is submitted under subparagraph (A), the Inspector General shall approve the revised memorandum. Not later than 30 days after the date on which a revised memorandum is approved under this paragraph, the Secretary shall provide notice of the memorandum in accordance with paragraph (4).
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