| Home > 106th Congressional Bills > S. 3191 (is) To create a Federal drug court program, and for other purposes. [Introduced in Senate] ...
S. 3191 (is) To create a Federal drug court program, and for other purposes. [Introduced in Senate] ...
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>
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