A bill to authorize appropriations for the Merit Systems Protection Board and the Office of Special Counsel, and for other purposes.

Summary

Reauthorizes appropriations under the Whistleblower Protection Act of 1989 for the Merit Systems Protection Board (Board) and the Office of Special Counsel. Repeals the requirement under Federal civil service provisions that the Special Counsel return any documents and other matter provided by an individual who made a disclosure. Includes as a protected disclosure by a Federal employee 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. Allows a presumption relating to the performance of a duty by an employee to be rebutted by substantial evidence. Requires each non-disclosure policy, form, or agreement to contain a statement that the restrictions are consistent with and do not supersede specified employee obligations, rights, or liabilities. Authorizes the Board or a court, in any appeal relating to a suspension or other action relating to a security clearance, to determine whether there was a violation of prohibited personnel practices. Prohibits the Board from ordering the President to restore the clearance, but authorizes the Board to issue declaratory and other appropriate relief. Authorizes the Board to impose disciplinary action for employees found to have committed a prohibited personnel practice. Requires each agency to establish a process for providing confidential advice to employees on making lawful disclosures to Congress of information required to be kept secret in the interests of national defense or the conduct of foreign affairs. Permits representation by attorneys for the Office of the Special Counsel in civil actions brought in connection with such disclosures of information or provisions relating to political activities. Authorizes the Office of Personnel Management to obtain judicial review of Board decisions.

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Documents

6 official files

• Reported to Senate (text)

  Reported to Senate · EN · 19 November 2002

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• Reported to Senate (PDF)

  Reported to Senate · EN · 19 November 2002

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• Reported to Senate without amendment

  summary · EN · 19 November 2002

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• Introduced in Senate (text)

  Introduced in Senate · EN · 8 October 2002

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 8 October 2002

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 8 October 2002

  Open at official source

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