3.0.0 274 2023-01-11T20:05:45Z 2023-01-11T20:08:06Z Senate S S 2007-01-11 110 ssga00 Homeland Security and Governmental Affairs Committee Senate Standing ssga03 Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee Referred to 2007-03-30T20:36:48Z Reported by 2007-11-16T17:47:52Z Markup by 2007-06-13T15:38:19Z Referred to 2007-01-11T23:49:14Z S. Rept. 110-232 2007-12-17 22:58:37 Held at the desk. Floor H15000 2 House floor actions 2007-12-17 Senate Message on Senate action sent to the House. Floor 2007-12-17 21:33:15 Received in the House. Floor H14000 2 House floor actions 2007-12-17 Senate Passed Senate with an amendment by Unanimous Consent. (text: CR S15784-15786) Floor 2007-12-17 Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S15784-15786) Floor 17000 9 Library of Congress 2007-12-17 Senate The committee substitute as amended agreed to by Unanimous Consent. Floor 2007-12-17 Senate Measure laid before Senate by unanimous consent. (consideration: CR S15782-15786; text of measure as reported in Senate: CR S15782-15784) Floor 2007-11-16 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 513. Calendars 2007-11-16 ssga00 Homeland Security and Governmental Affairs Committee Senate 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. Committee 2007-11-16 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. Committee 14000 9 Library of Congress ssga00 Homeland Security and Governmental Affairs Committee 2007-06-13 ssga00 Homeland Security and Governmental Affairs Committee Senate Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably. Committee 2007-03-30 ssga03 Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee Senate Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia. Committee 2007-01-11 ssga00 Homeland Security and Governmental Affairs Committee Senate Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S456-458) IntroReferral 2007-01-11 Sponsor introductory remarks on measure. (CR S455-456) IntroReferral B00100 9 Library of Congress 2007-01-11 Introduced in Senate IntroReferral 10000 9 Library of Congress A000069 Sen. Akaka, Daniel K. [D-HI] DANIEL AKAKA D HI KOHIKINA N C001035 Sen. Collins, Susan M. [R-ME] Susan Collins R ME M. 2007-01-11 True G000386 Sen. Grassley, Chuck [R-IA] Charles Grassley R IA E. 2007-01-11 True L000261 Sen. Levin, Carl [D-MI] CARL LEVIN D MI MILTON 2007-01-11 True L000304 Sen. Lieberman, Joseph I. [ID-CT] JOSEPH LIEBERMAN ID CT I. 2007-01-11 True L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT 2007-01-11 True V000126 Sen. Voinovich, George V. [R-OH] GEORGE VOINOVICH R OH V. 2007-01-11 True C000174 Sen. Carper, Thomas R. [D-DE] Thomas Carper D DE R. 2007-01-11 True D000563 Sen. Durbin, Richard J. [D-IL] Richard Durbin D IL J. 2007-01-11 True P000590 Sen. Pryor, Mark L. [D-AR] Mark Pryor D AR Lunsford 2007-01-11 True L000123 Sen. Lautenberg, Frank R. [D-NJ] FRANK LAUTENBERG D NJ R. 2007-01-11 True K000105 Sen. Kennedy, Edward M. [D-MA] EDWARD KENNEDY D MA MOORE 2007-05-24 False M000702 Sen. Mikulski, Barbara A. [D-MD] BARBARA MIKULSKI D MD ANN 2007-12-06 False 2007-06-25T04:00:00Z S. 274, Federal Employee Protection of Disclosures Act http://www.cbo.gov/publication/18785 <p>Cost estimate for the bill as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on June 13, 2007</p> 2007-06-25T04:00:00Z S. 274, Federal Employee Protection of Disclosures Act https://www.cbo.gov/publication/18785 Cost estimate for the bill as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on June 13, 2007 Government Operations and Politics 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 Government Operations and Politics 00 2007-01-11 Introduced in Senate 2007-02-06T21:54:43Z

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.]]>

35 2007-12-17 Passed Senate amended 2008-02-22T23:08:01Z 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.]]>

Federal Employee Protection of Disclosures Act Official Title as Introduced 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. Introduced in Senate IS Display Title Federal Employee Protection of Disclosures Act Short Titles as Reported to Senate Federal Employee Protection of Disclosures Act S Senate Short Titles as Passed Senate Federal Employee Protection of Disclosures Act S Senate Short Titles as Introduced Federal Employee Protection of Disclosures Act 3801 110 SAMDT To provide for reports by the Government Accountability Office and the Merit Systems Protection Board on cases making allegations of violations of section 2302(b)(8) or (9) of title 5, United States Code, relating to whistleblowers. 2022-02-03T05:10:44Z 2007-12-17 Amendment SA 3801 agreed to in Senate by Unanimous Consent. SA 3801 https://www.congress.gov/amendment/110th-congress/senate-amendment/3801 C000560 Sen. Coburn, Tom [R-OK] TOM COBURN R OK 2007-12-17T05:00:00Z 2007-11-16T05:00:00Z Senate 110 S Senate S 274 Federal Employee Protection of Disclosures Act 2023-01-11T20:08:06Z 6 2007-12-17 0 Senate Amendment SA 3801 agreed to in Senate by Unanimous Consent. Floor 2007-12-17 0 Senate Amendment SA 3801 proposed by Senator Mikulski for Senator Coburn. (consideration: CR S15784; text: CR S15784) To provide for reports by the Government Accountability Office and the Merit Systems Protection Board on cases making allegations of violations of section 2302(b)(8) or (9) of title 5, United States Code, relating to whistleblowers. Floor 2007-12-17 Senate amendment proposed (on the floor): Amendment SA 3801 proposed by Senator Mikulski for Senator Coburn.(consideration: CR S15784; text: CR S15784) Floor 93000 9 Library of Congress 2007-12-17 Senate amendment agreed to: Amendment SA 3801 agreed to in Senate by Unanimous Consent. Floor 94000 9 Library of Congress 2007-11-16 Senate amendment submitted Floor 91000 9 Library of Congress Engrossed in Senate 2007-12-17T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s274es/xml/BILLS-110s274es.xml Reported to Senate 2007-11-16T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s274rs/xml/BILLS-110s274rs.xml Introduced in Senate 2007-01-11T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s274is/xml/BILLS-110s274is.xml 2007-12-17 Held at the desk. 22:58:37 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.