Federal Employee Protection of Disclosure Act

Bill: 108-s-1229
Sponsor: Sen. Akaka, Daniel K. [D-HI]
Introduced: 2003-06-10 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative remedies
Appellate courts
Armed Forces and National Security
Civil actions and liability
Classified defense information
Congress
Congressional investigations
Congressional oversight
Congressional witnesses
Damages
Disciplining of employees
Dismissal of employees
Economics and Public Finance
Employee rights
Evidence (Law)
Executive orders
Federal employees
Government attorneys
Government paperwork
Governmental investigations
Information leaking
Infrastructure
Infrastructure (Economics)
Judicial review
Jurisdiction
Labor and Employment
Law
Legal fees
Merit Systems Protection Board
Office of Special Counsel
Parties to actions
Personnel management
Promotions
Security clearances
Security measures
Waste in government spending
Whistle blowing

Summary:
action_date: 2003-06-10
text: 
 
Federal Employee Protection of Disclosures Act - Includes as a protected disclosure by a Federal employee any lawful disclosure an employee or applicant reasonably believes is credible evidence of waste, fraud, abuse, or gross mismanagement, without restriction as to time, place, form, motive, context, or prior disclosure. 
Allows a presumption relating to the performance of a duty by an employee to be rebutted by substantial evidence.
Requires each non-disclosure policy, form, or agreement to contain a statement that the restrictions are consistent with and do not supersede specified employee obligations, rights, or liabilities. 
Authorizes the Merit Systems Protection Board or any reviewing court, in any appeal relating to a suspension or other action relating to a security clearance, to determine whether there was a violation of prohibited personnel practices. Prohibits the Board from ordering the President to restore the clearance, but authorizes the Board to issue declaratory and other appropriate relief. Authorizes the Board to impose disciplinary action, a civil penalty, or a combination against employees found to have committed a prohibited personnel practice. Requires each agency to establish a process for providing confidential advice to employees on making lawful disclosures to Congress of information required to be kept secret in the interests of national defense or the conduct of foreign affairs. Permits representation by attorneys for the Office of the Special Counsel in civil actions brought in connection with such disclosures of information or provisions relating to political activities. 
Authorizes the Office of Personnel Management to obtain judicial review of Board decisions. 
Amends the Homeland Security Act of 2002 to provide that, for purposes of provisions regarding the protection of voluntarily shared critical infrastructure information, a permissible use of independently obtained critical infrastructure information includes any lawful disclosure an employee or applicant reasonably believes is credible evidence of waste, fraud, abuse, or gross mismanagement, without restriction as to time, place, form, motive, context, or prior disclosure.

Legislative actions:
action_date: 2003-06-20
text: Committee on Governmental Affairs referred to Subcommittee on Financial Management, the Budget, and International Security.
action_date: 2003-06-10
text: Read twice and referred to the Committee on Governmental Affairs. (text of measure as introduced: CR S7637-7638)
action_date: 2003-06-10
text: Sponsor introductory remarks on measure. (CR S7636)
action_date: 2003-06-10
text: Introduced in Senate