Section
1089
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Federal Employee Protection of Disclosures Act - Includes as a protected disclosure: (1) any lawful disclosure that a federal employee or applicant reasonably believes is credible evidence of waste, abuse, or gross mismanagement, without restriction as to time, place, form, motive, content, or prior disclosure; and (2) information required to be kept secret in the interests of national defense or the conduct of foreign affairs that the employee or applicant reasonably believes is direct evidence of waste, abuse, or gross mismanagement, if such disclosure is made to a member or employee of Congress who is authorized to receive information of the type disclosed. Excludes disclosures pertaining to policy decisions that lawfully exercise discretionary authority unless the disclosing employee reasonably believes that there is a violation of law or government waste, fraud, or abuse. Provides for employee discipline for disclosures to congressional employees not authorized to receive such information. Codifies the legal standard for determining whether a whistleblower has a reasonable belief that a disclosure evidences a violation of law or governmental waste, fraud, or abuse. Provides that the following actions may not be taken against whistleblowers for protected disclosures: (1) the implementation or enforcement of any nondisclosure policy, form, or agreement; (2) a security clearance suspension or revocation; and (3) an investigation (other than routine nondiscretionary agency investigations) of an employee or applicant for employment. Authorizes the Merit Systems Protection Board (MSPB) or any reviewing court to conduct an expedited review of cases charging retaliation for whistleblowing when the whistleblower's security clearance or access determination is suspended, revoked, or otherwise adversely affected. Requires an agency that improperly revokes a whistleblower's security clearance to report to Congress explaining its actions, with an exemption if the agency can show by a preponderance of the evidence (currently, clear and convincing evidence) that it would have taken the same personnel action in the absence of the disclosure. Authorizes the President to exclude certain agencies engaged in the conduct of foreign intelligence or counterintelligence activities from whistleblower protections if such exclusion is made prior to any personnel action against the whistleblower. Expands MSPB authority to impose disciplinary action for prohibited personnel practices. Authorizes the Office of Special Counsel to appear as amicus curae in any civil action involving whistleblowers and the Hatch Act. Permits petitions for review of whistleblower actions in any U.S. Circuit Court or any court of appeals of competent jurisdiction (currently limited to U.S. Circuit Courts) for five years after the date of enactment of this Act. Requires all federal agency nondisclosure policies, forms, and agreements to contain specified language preserving the right of federal employees to disclose certain protected information. Amends the Homeland Security Act of 2002 to provide that, for purposes of provisions regarding the protection of voluntarily shared critical infrastructure information, a permissible use of independently obtained critical infrastructure information includes 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, content, or prior disclosure. Requires federal agencies to instruct employees how to make a lawful disclosure of classified information to the Special Counsel, the inspector general of an agency, or other agency employee designated to receive such information.