S. Amdt. 3801 - 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.

Federal Employee Protection of Disclosures Act

S. 274 — 110^th Congress (2007–2008)

Summary

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. (by CRS)

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Title

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.

Other Titles

• Federal Employee Protection of Disclosures Act
• Federal Employee Protection of Disclosures Act
• Federal Employee Protection of Disclosures Act

Sponsor

Daniel Akaka

Co-Sponsors

• Patrick Leahy
• Susan Collins
• Edward Kennedy
• George Voinovich
• Richard Durbin
• Carl Levin
• Barbara Mikulski
• Thomas Carper
• Mark Pryor
• Charles Grassley
• Joseph Lieberman
• Frank Lautenberg

Subjects

• Government employees
• Actions and defenses
• Administrative remedies
• Appellate courts
• Armed forces
• Budgets
• Classified defense information
• Congress
• Congressional investigations
• Congressional oversight
• Congressional reporting requirements
• Congressional witnesses
• Defense policy
• Disciplining of employees
• Dismissal of employees
• Due process of law
• Employee rights
• Evidence (Law)
• Executive orders
• Federal employees
• Government attorneys
• Government information
• Government paperwork
• Governmental investigations
• Information leaking
• Infrastructure
• Infrastructure (Economics)
• Inspectors general
• Intelligence activities
• Judicial review
• Jurisdiction
• Labor
• Law
• Legal fees
• Merit Systems Protection Board
• Office of Special Counsel
• Parties to actions
• Personnel management
• Politics and government
• Presidents
• Promotions
• Security clearances
• Security measures
• Waste in government spending
• Whistle blowing

Related Bills

Major Actions

Introduced	1/11/2007
Referred to Committee
Amendments (1 proposed)
Passed Senate	12/17/2007

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	Senate	Passed Senate with an amendment by Unanimous Consent.	12/17/2007	PASSED by voice vote
currently selected	Senate	Amendment SA 3801 agreed to in Senate by Unanimous Consent.	12/17/2007	PASSED by voice vote

	Action	Date	Description
	Introduced	1/11/2007
		1/11/2007	Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
		1/11/2007	Sponsor introductory remarks on measure. (CR S455-456)
		3/30/2007	Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.
	Put on a legislative calendar	6/13/2007	Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.
		11/16/2007	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.
	Put on a legislative calendar	11/16/2007	Placed on Senate Legislative Calendar under General Orders. Calendar No. 513.
		12/17/2007	Measure laid before Senate by unanimous consent.
		12/17/2007	The committee substitute as amended agreed to by Unanimous Consent.
select this vote	Senate Vote on Passage	12/17/2007	Passed Senate with an amendment by Unanimous Consent.
		12/17/2007	Message on Senate action sent to the House.
		12/17/2007	Amendment SA 3801 proposed by Senator Mikulski for Senator Coburn.
currently selected	Vote	12/17/2007	Amendment SA 3801 agreed to in Senate by Unanimous Consent.
		12/18/2007	Received in the House.
		12/18/2007	Held at the desk.

	Number	Sponsor	Date Offered	Status
currently selected	S. Amdt. 3801	Coburn, Thomas [R-OK]	November 16, 2007	Passed by voice vote on December 17, 2007.
	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. Actions December 17, 2007, 12:00 am ET - Amendment SA 3801 proposed by Senator Mikulski for Senator Coburn. December 17, 2007, 12:00 am ET - Amendment SA 3801 agreed to in Senate by Unanimous Consent. Full Text of this Amendment SA 3801. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 274, 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; which was ordered to lie on the table; as follows: After subsection (n), insert the following: (o) Reporting Requirements.-- (1) GOVERNMENT ACCOUNTABILITY OFFICE.-- (A) IN GENERAL.--Not later than 40 months after the date of enactment of this Act, the Government Accountability Office shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives on the implementation of this Act. (B) CONTENTS.--The report under this paragraph shall include-- (i) an analysis of any changes in the number of cases filed with the United States Merit Systems Protection Board alleging violations of section 2302(b)(8) or (9) of title 5, United States Code, since the effective date of the Act; (ii) the outcome of the cases described under clause (i), including whether or not the United States Merit Systems Protection Board, the Federal Circuit Court of Appeals, or any other court determined the allegations to be frivolous or malicious; and (iii) any other matter as determined by the Government Accountability Office. (2) MERIT SYSTEMS PROTECTION BOARD.-- (A) IN GENERAL.--Each report submitted annually by the Merit Systems Protection Board under section 1116 of title 31, United States Code, shall, with respect to the period covered by such report, include as an addendum the following: (i) Information relating to the outcome of cases decided during the applicable year of the report in which violations of section 2302(b)(8) or (9) of title 5, United States Code, were alleged. (ii) 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. (B) FIRST REPORT.--The first report described under subparagraph (A) submitted after the date of enactment of this Act shall include an addendum required under that subparagraph that covers the period beginning on January 1, 2008 through the end of the fiscal year 2008. (As printed in the Congressional Record for the Senate on Nov 16, 2007.)