S 743

112th CONGRESS
1st Session

S. 743

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

April 6 (legislative day, April 5), 2011

Mr. AKAKA (for himself, Ms. COLLINS, Mr. GRASSLEY, Mr. LIEBERMAN, Mr. LEVIN, Mr. CARPER, Mr. LEAHY, Mr. HARKIN, Mr. PRYOR, Ms. LANDRIEU, Mrs. MCCASKILL, Mr. TESTER, Mr. BEGICH, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and 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.

SECTION 1. SHORT TITLE.

TITLE I--PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY FEDERAL EMPLOYEES

SEC. 101. CLARIFICATION OF DISCLOSURES COVERED.

SEC. 102. DEFINITIONAL AMENDMENTS.

SEC. 103. REBUTTABLE PRESUMPTION.

SEC. 104. PERSONNEL ACTIONS AND PROHIBITED PERSONNEL PRACTICES.

SEC. 105. EXCLUSION OF AGENCIES BY THE PRESIDENT.

SEC. 106. DISCIPLINARY ACTION.

SEC. 107. REMEDIES.

SEC. 108. JUDICIAL REVIEW.

SEC. 109. PROHIBITED PERSONNEL PRACTICES AFFECTING THE TRANSPORTATION SECURITY ADMINISTRATION.

`Sec. 2304. Prohibited personnel practices affecting the Transportation Security Administration

SEC. 110. DISCLOSURE OF CENSORSHIP RELATED TO RESEARCH, ANALYSIS, OR TECHNICAL INFORMATION.

SEC. 111. CLARIFICATION OF WHISTLEBLOWER RIGHTS FOR CRITICAL INFRASTRUCTURE INFORMATION.

SEC. 112. ADVISING EMPLOYEES OF RIGHTS.

SEC. 113. SPECIAL COUNSEL AMICUS CURIAE APPEARANCE.

SEC. 114. SCOPE OF DUE PROCESS.

SEC. 115. NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS.

SEC. 116. REPORTING REQUIREMENTS.

SEC. 117. ALTERNATIVE REVIEW.

SEC. 118. MERIT SYSTEMS PROTECTION BOARD SUMMARY JUDGMENT.

SEC. 119. DISCLOSURES OF CLASSIFIED INFORMATION.

SEC. 120. WHISTLEBLOWER PROTECTION OMBUDSMAN.

TITLE II--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS

SEC. 201. PROTECTION OF INTELLIGENCE COMMUNITY WHISTLEBLOWERS.

`Sec. 2303A. Prohibited personnel practices in the intelligence community

SEC. 202. REVIEW OF SECURITY CLEARANCE OR ACCESS DETERMINATIONS.

SEC. 203. REVISIONS RELATING TO THE INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTION ACT.

SEC. 204. REGULATIONS; REPORTING REQUIREMENTS; NONAPPLICABILITY TO CERTAIN TERMINATIONS.

TITLE III--SAVINGS CLAUSE; EFFECTIVE DATE

SEC. 301. SAVINGS CLAUSE.

SEC. 302. EFFECTIVE DATE.

END