U.S. Congress - H.R.3289 Whistleblower Protection Enhancement Act of 2011
H.R.3289 - Whistleblower Protection Enhancement Act of 2011
To amend title 5, United States Code, to provide clarification relating to disclosures of information protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements that such policies, forms, and agreements are in conformance with certain protections; to provide certain additional authorities to the Office of Special Counsel; and for other purposes. view all titles (2)
All Bill Titles
- Short: Whistleblower Protection Enhancement Act of 2011 as introduced.
- Official: To amend title 5, United States Code, to provide clarification relating to disclosures of information protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements that such policies, forms, and agreements are in conformance with certain protections; to provide certain additional authorities to the Office of Special Counsel; and for other purposes. as introduced.
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Official Summary
11/1/2011--Introduced.Whistleblower Protection Enhancement Act of 2011 - Expands the scope of whistleblower protections under federal law to provide that such protections shall apply to a disclosure of any violation of any law, rule, or regulation (currently, only to a violation of any lawOfficial Summary
11/1/2011--Introduced.Whistleblower Protection Enhancement Act of 2011 - Expands the scope of whistleblower protections under federal law to provide that such protections shall apply to a disclosure of any violation of any law, rule, or regulation (currently, only to a violation of any law, rule, or regulation). Defines "disclosure" for purposes of this Act and expands the types of disclosures that are protected whistleblower disclosures. Includes as a prohibited personnel practice the implementation or enforcement of any nondisclosure policy, form, or agreement that does not contain a specific statement that its provisions are consistent with requirements that preserve the right of federal employees to make disclosures of illegality, waste, fraud, abuse, or public health or safety threats. Adds the Office of the Director of National Intelligence and the National Reconnaissance Office to the list of intelligence community entities excluded from coverage under the Whistleblower Protection Act of 1989. Revises the standard of proof in disciplinary proceedings against an agency employee who takes an adverse personnel action against a whistleblower to require the Office of Special Counsel to show that the whistleblower's protected disclosure was a significant motivating factor in the decision to take an adverse action, even if other factors also motivated the decision. Requires a petition to review a final order or decision of the Merit Systems Protection Board (MSPB) that raises no challenge to the MSPB's disposition of allegations of a prohibited personnel practice to be filed in the U.S. Court of Appeals for the District of Columbia Circuit. Extends whistleblower and other anti-discrimination protections to employees (and applicants for employment) of the Transportation Security Administration (TSA). Extends whistleblower protections to any current or prospective federal employee for disclosures that such employee reasonably believes are evidence of censorship related to research, analysis, or technical information. Establishes a two-year pilot program for the protection of employees of a contractor who make make certain whistleblower disclosures. Extemds whistleblower protections to intelligence community elements, including the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA), the National Geospatial Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office. Requires federal agency heads to advise their employees on how to make a lawful disclosure of information that is required to be kept secret in the interest of national defense or the conduct of foreign affairs. Amends the Inspector General Act of 1978 to:(1) allow federal agency employees who intend to report a complaint or information with respect to an urgent concern to Congress to report such complaint or information to the Inspector General of their agencies, and
(2) provide for the appointment of a Whistleblower Protection Ombudsman in the Office of Inspector General to educate agency personnel about whistleblower rights. Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to require:
(1) the development of policies and procedures that permit individuals who, in good faith, challenge a security clearance determination to remain employed while the challenge is pending; and
(2) the development and implementation of uniform and consistent policies and procedures to ensure protections during the process for denying, suspending, or revoking a security clearance or access to classified information. Prohibits the revocation of a security clearance or access determination in retaliation for a protected whistleblower disclosure. Amends the Inspector General Act of 1978 to provide for the direct transmission of a complaint or information under the Intelligence Community Whistleblower Protection Act to the Director of National Intelligence if the head of an establishment (i.e., cabinet level agency or department) determines that such complaint or information would create a conflict of interest for such head.
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Recent News Coverage
Bill to Expand Protections for Whistleblowers and Taxpayers Passes the Senate by Unanimous Consent
But now the bill must become law. A companion bill in the House, the Platts-Van Hollen Whistleblower Protection Enhancement Act (H.R. 3289), introduced by Darrell Issa (R-Calif.) and co-sponsored by Elijah Cummings (D-Md.), Paul Gosar (R-Ariz.),
Whistleblower protection bill clears Senate
A House version, the Platts-Van Hollen Whistleblower Protection Enhancement Act (H.R. 3289), cleared the Oversight and Government Reform Committee in November 2011. Committee Chairman Darrell Issa, R-Calif., said on Wednesday, “I am pleased the Senate ..
ALA Legislative Scorecards for 2011 Now Available
...Administration to follow when considering claims of constitutionally based privilege against disclosure of Presidential records. H.R.3289 – Cosponsored the Whistleblower Protection Enhancement Act of 2011, which expands whistleblower protections under
Recent Blog Coverage
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WhistleWatch » Blog Archive » Whistleblower Protection ...
... made by this section shall continue to apply with respect to any claim pending before the Board on the last day of the 5-year period described under paragraph (1). * * * House Bill, 112th CONGRESS, H. R. 3289 * * * ...
WhistleWatch » Blog Archive » Whistleblower Protection ...
... made by this section shall continue to apply with respect to any claim pending before the Board on the last day of the 5-year period described under paragraph (1). * * * House Bill, 112th CONGRESS, H. R. 3289 * * * ...
Senate passes Whistleblower Protection Enhancement Act ...
The bill has now been passed on to the House, where there is already a companion bill, HR 3289, which is co-sponsored by Congressmen Cummings and Van Hollen. Feel free to thank both Senators for the passage of this ...
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