Federal Employee Protection of Disclosures Act

Bill: 110-s-274
Sponsor: Sen. Akaka, Daniel K. [D-HI]
Introduced: 2007-01-11 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 reporting requirements
Congressional witnesses
Disciplining of employees
Dismissal of employees
Due process of law
Economics and Public Finance
Employee rights
Evidence (Law)
Executive orders
Federal employees
Government attorneys
Government paperwork
Governmental investigations
Information leaking
Infrastructure
Infrastructure (Economics)
Inspectors general
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: 2007-01-11
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 any violation of law, waste, abuse, or gross mismanagement, without restriction as to time, place, form, motive, context, or prior disclosure. 
Sets forth provisions concerning review and appeal of actions concerning such disclosures. 
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 any violation of law, waste, fraud, abuse, or gross mismanagement, without restriction as to time, place, form, motive, context, or prior disclosure. 
Requires agencies to inform employees on how to make a lawful disclosure of information.
action_date: 2007-12-17
text: 
Federal Employee Protection of Disclosures Act - Includes as a protected disclosure by a federal employee: (1) any lawful disclosure an employee or applicant reasonably believes is credible evidence of waste, abuse, or gross mismanagement, without restriction as to time, place, form, motive, context, or prior disclosure; and (2) any disclosure of information required to be kept secret in the interest of national defense or the conduct of foreign affairs that the employee or applicant reasonably believes is direct evidence of waste, abuse, or gross mismanagement if such disclosure is made to a Member or employee of Congress who is authorized to receive information of the type disclosed. Excludes disclosures pertaining to policy decisions that lawfully exercise discretionary authority unless the disclosing employee reasonably believes that there is evidence of a violation of law or government waste, fraud, or abuse. Provides for the discipline of employees for disclosures to congressional employees who are not authorized to receive such information.

Codifies the legal standard for determining whether a whistleblower has a reasonable belief that a disclosure evidences governmental waste, fraud, or abuse, or a violation of law. 

Provides that the following actions may not be taken against whistleblowers for protected disclosures: (1) implementation or enforcement of any nondisclosure policy, form, or agreement; (2) security clearance suspension or revocation; and (3) investigation (other than routine nondiscretionary agency investigations) of an employee or applicant for employment.

 
Authorizes the Merit Systems Protection Board (MSPB) to conduct an expedited review of cases charging retaliation for whistleblowing when the whistleblower's security clearance or access determination is suspended, revoked, or otherwise adversely affected. Requires an agency that improperly revokes a whistleblower's security clearance to report to Congress explaining its actions. Exempts an agency from this requirement if the agency can show by a preponderance of the evidence (currently, clear and convincing evidence is required) that it would have taken the same personnel action in the absence of the whistleblower disclosure.
Authorizes the President to exclude certain agencies engaged in the conduct of foreign intelligence or counterintelligence activities from whistleblower protections if such exclusion is made prior to any personnel action against the whistleblower. 

Expands the authority of MSPB to impose disciplinary action for prohibited personnel practices.

Authorizes the Office of Special Counsel to appear as amicus curiae (friend of the court) in any civil action involving prohibited personnel actions against whistleblowers or the Hatch Act.

Permits petitions for review of whistleblower actions to be filed in any court of appeals of competent jurisdiction (currently limited to the US Court of Appeals for the Federal Circuit) for five years after enactment of this Act. 

Requires all federal agency nondisclosure policies, forms, and agreements to contain specified language preserving the right of federal employees to disclose certain protected information.

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. 
 
Requires federal agencies to instruct employees on how to make a lawful disclosure of classified information to the Special Counsel, the Inspector General of an agency, Congress, or other agency employee designated to receive such information. 
Requires the Government Accountability Office (GAO) to report to specified congressional committees on the implementation of this Act. 
Requires MSPB's annual reports to include as an addendum: (1) information relating to the outcome of cases in which violations were alleged; and (2) the number of such cases filed in the regional and field offices, the number of petitions for review filed in such cases, and the outcomes of such cases.

Legislative actions:
action_date: 2007-12-17
text: Held at the desk.
action_date: 2007-12-17
text: Message on Senate action sent to the House.
action_date: 2007-12-17
text: Received in the House.
action_date: 2007-12-17
text: Passed Senate with an amendment by Unanimous Consent. (text: CR S15784-15786)
action_date: 2007-12-17
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S15784-15786)
action_date: 2007-12-17
text: The committee substitute as amended agreed to by Unanimous Consent.
action_date: 2007-12-17
text: Measure laid before Senate by unanimous consent. (consideration: CR S15782-15786; text of measure as reported in Senate: CR S15782-15784)
action_date: 2007-11-16
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 513.
action_date: 2007-11-16
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 110-232.
action_date: 2007-11-16
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 110-232.
action_date: 2007-06-13
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.
action_date: 2007-03-30
text: Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.
action_date: 2007-01-11
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S456-458)
action_date: 2007-01-11
text: Sponsor introductory remarks on measure. (CR S455-456)
action_date: 2007-01-11
text: Introduced in Senate