U.S. Congress - S.274 Federal Employee Protection of Disclosures Act
S.274 - Federal Employee Protection of Disclosures Act
A bill to amend chapter 23 of title 5, United States Code, to clarify the disclosures of information protected from prohibited personnel practices, require a statement in nondisclosure policies, forms, and agreements that such policies, forms, and agreements conform with certain disclosure protections, provide certain authority for the Special Counsel, and for other purposes. view all titles (4)
All Bill Titles
- Short: Federal Employee Protection of Disclosures Act as introduced.
- Short: Federal Employee Protection of Disclosures Act as reported to senate.
- Short: Federal Employee Protection of Disclosures Act as passed senate.
- Official: A bill to amend chapter 23 of title 5, United States Code, to clarify the disclosures of information protected from prohibited personnel practices, require a statement in nondisclosure policies, forms, and agreements that such policies, forms, and agreements conform with certain disclosure protections, provide certain authority for the Special Counsel, and for other purposes. as introduced.
This Bill currently has no wiki content. If you would like to create a wiki entry for this bill, please Login, and then select the wiki tab to create it.
Bill's Views
- Today: 7
- Past Seven Days: 39
- All-Time: 4,515
|
|
|
|
|
|
|
|
Official Summary
12/17/2007--Passed Senate amended. 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 restricOfficial Summary
12/17/2007--Passed Senate amended. 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.
...Read the Rest
Recent News Coverage
US Sen. Grassley: Questions Mukasey's commitment to protecting ...
One topic I’d like to discuss with the Attorney General is a letter he signed regarding the Federal Employee Protection Act (S.274). ...
Kerry Urges Bush Administration to Protect SBA Whistleblowers
Last month, Senator Kerry joined the rest of the Senate in unanimously passing the Federal Employee Protection of Disclosures Act (S. 274), a bill that will ...
Senate approves stronger whistleblower protections
The bill (S. 274), introduced by Sens. Daniel Akaka, D-Hawaii, and Susan Collins, R-Maine, seeks to reform the 1989 Whistleblower Protection Act, ...
Recent Blog Coverage
View All (119)
|
View Top Rated
Tom_Coburn images,Tom_Coburn photos,Tom_Coburn videos,Tom_Coburn news
Since April 2007, Senator Coburn has been holding the Federal Employee Protection of Disclosures Act (S.274) from becoming law. This bill relates to so-called "whistleblowing," and would effectively reverse the Supreme Court's decision ...
MIR 2008, Dok.363, Rz. 1-52: Florian Lichtnecker - Zivilrechtliche ...
(2006), S. 274. [28] Fülbier in CR 2007, 515 (518). [29] Redeker, IT-Recht, 4. Aufl. (2007), Rn. 1103. [30] Stadler, Haftung für Informationen im Internet, 2. Aufl. (2005), Teil 2, Rn. 30 c. [31] vgl. OLG Hamburg vom 22.8.2006 â 7 U ...
H-Net Reviews
Ãberraschend für den kundigen Leser ist Rammelts Kapitel 6.5 über âDie reichskirchliche Verurteilung des Ibas im Jahre 553â (S. 274). Das zweite Konzil von Konstantinopel im Jahre 553 verdammte die sogenannten âDrei Kapitelâ, .
Users tracking S.274 (4) are also tracking:
| Bills | People | Issues |
|---|---|---|
Vote on This Bill
-
Share This Bill
More Share via Email
