Whistleblower Protection Enhancement Act of 2012
Key claim: The Whistleblower Protection Enhancement Act of 2012 expanded federal employee whistleblower protections by broadening the scope of covered disclosures and eliminating several exclusions that had previously limited protection.
Abstract
(S743 · 112th Congress) (This measure has not been amended since it was passed by the House on September 28, 2012. The summary of that version is repeated here.) Whistleblower Protection Enhancement Act of 2012 - Title I: Protection of Certain Disclosures of Information by Federal Employees - (Sec. 101) Amends federal personnel law relating to whistleblower protections to provide that such protections shall apply to a disclosure of any violation of law (currently, a violation of law). Provides that a disclosure shall not be excluded from whistleblower protections because: (1) the disclosure was made to a supervisor or to a person who participated in an activity that the employee or applicant for employment reasonably believed to evidence gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety; (2) the disclosure revealed information that had been previously disclosed; (3) of the employee or applicant’s motive for making the disclosure; (4) the disclosure was not made in writing; (5) the disclosure was made while the employee was off duty; or (6) of the amount of time which has passed since the occurrence of the events described in the disclosure. Provides that a disclosure shall not be excluded from whistleblower protections if it is made during the normal course of duties of an employee with respect to whom another employee with authority took, failed to take, or threatened to take or fail to take a personnel action in reprisal for the disclosure. (Sec. 102) Defines “disclosure” as a formal or informal communication or transmission, excluding a communication concerning policy decisions that lawfully exercise discretionary authority, unless the employee or applicant making the disclosure reasonably believes that it evidences: (1) any violation of any law, rule, or regulation; or (2) gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety. (Sec. 103) Latest action (2012-11-27): Became Public Law No: 112-199.
Why this matters
The Whistleblower Protection Enhancement Act of 2012 expanded federal employee whistleblower protections by broadening the scope of covered disclosures and eliminating several exclusions that had previously limited protection.