[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3190 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3190

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 12 (legislative day, September 22), 2000

 Mr. Akaka (for himself and Mr. Levin) introduced the following bill; 
  which was read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY FEDERAL 
              EMPLOYEES.

    (a) Clarification of Disclosures Covered.--Section 2302(b)(8)(A) of 
title 5, United States Code, is amended--
            (1) by striking ``by an employee or applicant'' and 
        inserting ``, without restriction to time, place, form, motive, 
        or context, made to any person by an employee or applicant, 
        including a disclosure made in the ordinary course of an 
        employee's duties,''; and
            (2) in clause (i) by striking ``a violation'' and inserting 
        ``any violation''.
    (b) Nondisclosure Policies, Forms, and Agreements.--
            (1) Personnel action.--Section 2302(a)(2)(A) of title 5, 
        United States Code, is amended--
                    (A) in clause (x) by striking ``and'' after the 
                semicolon; and
                    (B) by redesignating clause (xi) as clause (xii) 
                and inserting after clause (x) the following:
                    ``(xi) the implementation or enforcement of any 
                nondisclosure policy, form, or agreement; and''.
            (2) Prohibited Personnel Practice.--Section 2302(b) of 
        title 5, United States Code, is amended--
                    (A) in paragraph (11), by striking ``or'' at the 
                end;
                    (B) in paragraph (12), by striking the period and 
                inserting ``; or''; and
                    (C) by inserting after paragraph (12) the 
                following:
            ``(13) implement or enforce any nondisclosure policy, form, 
        or agreement, if such policy, form, or agreement does not 
        contain the following statement:
    ```These provisions are consistent with and do not supersede, 
conflict with, or otherwise alter the employee obligations, rights, or 
liabilities created by Executive Order No. 12958; section 7211 of title 
5, United States Code (governing disclosures to Congress); section 1034 
of title 10, United States Code (governing disclosure to Congress by 
members of the military); section 2302(b)(8) of title 5, United States 
Code (governing disclosures of illegality, waste, fraud, abuse, or 
public health or safety threats); the Intelligence Identities 
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures 
that could expose confidential Government agents); and the statutes 
which protect against disclosures that could compromise national 
security, including sections 641, 793, 794, 798, and 952 of title 18, 
United States Code, and section 4(b) of the Subversive Activities Act 
of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, 
rights, sanctions, and liabilities created by such Executive order and 
such statutory provisions are incorporated into this agreement and are 
controlling.'''.
    (c) Authority of Special Counsel Relating to Civil Actions.--
            (1) Representation of special counsel.--Section 1212 of 
        title 5, United States Code, is amended by adding at the end 
        the following:
    ``(h) Except as provided in section 518 of title 28, relating to 
litigation before the Supreme Court, attorneys designated by the 
Special Counsel may appear for the Special Counsel and represent the 
Special Counsel in any civil action brought in connection with section 
2302(b)(8) or subchapter III of chapter 73, or as otherwise authorized 
by law.''.
            (2) Judicial review of merit systems protection board 
        decisions.--Section 7703 of title 5, United States Code, is 
        amended by adding at the end the following:
    ``(e) The Special Counsel may obtain review of any final order or 
decision of the Board by filing a petition for judicial review in the 
United States Court of Appeals for the Federal Circuit if the Special 
Counsel determines, in the discretion of the Special Counsel, that the 
Board erred in deciding a case arising under section 2302(b)(8) or 
subchapter III of chapter 73 and that the Board's decision will have a 
substantial impact on the enforcement of section 2302(b)(8) or 
subchapter III of chapter 73. If the Special Counsel was not a party or 
did not intervene in a matter before the Board, the Special Counsel may 
not petition for review of a Board decision under this section unless 
the Special Counsel first petitions the Board for reconsideration of 
its decision, and such petition is denied. In addition to the named 
respondent, the Board and all other parties to the proceedings before 
the Board shall have the right to appear in the proceedings before the 
Court of Appeals. The granting of the petition for judicial review 
shall be at the discretion of the Court of Appeals.''.
                                 <all>