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词条 吹哨法案
释义

Whistleblower Protection Act(吹哨法案)是美国的告密者保护法案,本法案旨在保护告密者,鼓励公民参与社会公正的监督。是一部由美国政府通过的联邦政府法律,主要为了鼓励公务员内部的监督,即每个政府工作人员本着为社会公众利益,都可以站出来通过告密的手段,来维持社会公正。告密者受到法律的保护,告密者可以通过诉讼手段来起诉政府相关部门和负责人,检举贪腐,渎职等问题。 另外告密者也可以向美国相关授权部门进行告密。

联邦授权机构

The Office of Special Counsel,缩写为OSC,是美国一个独立的调查机构,具有原告地位,可以调查联邦政府来自告密者的投诉,本机构大约有100来人。

The Merit Systems Protection Board(MSPB), 是一个具有准司法地位机构用来处理和裁断来自美国联邦政府雇员投诉,通过使用美国的联邦管理法律来审理此类案件,裁断管理和评价员工的职业道德方面,通常站在美国政府的立场。类似于中国公务员体制内的申诉机构,只管理美国联邦雇员。

The United States Court of Appeals for the Federal Circuit(Federal Circuit, in case citations, Fed. Cir.or C.A.F.C.) 美国联邦巡回法院通过诉讼来裁断告密者案件。

法律案件

The Whistleblower Protection Enhancement Act was introduced in 2009 by Senator Daniel Akaka (D-Hawaii) to amend federal personnel law relating to whistleblower protections to provide that such protections shall apply to a disclosure of any violation of law, except for an alleged violation that is a minor, inadvertent violation that occurs during the conscientious carrying out of official duties.[2] Senator Akaka has introduced similar bills in the 107th, 108th, 109th, and 110th Congresses and every effort to pass the law has failed. Although a stronger version of the bill had been introduced and twice passed the House of Representatives (see H.R. 985 introduced in the 110th Congress and H.R. 1507 in the 111th Congress), the Senate repeatedly refused to adopt the stronger House version. During the 2008 presidential, campaign several candidates, including then-Senator Barack Obama, pledged to support the stronger House version of the bill (H.R. 985) if elected president.

In July 2009, Senator Akaka proposed a controversial amendment to S. 372 that further weakened the bill and contained several provisions that were insisted upon by the powerful federal agency managers lobby and the Obama administration. Despite campaign promises to support the stronger House bill, after the election, President Obama disappointed many when his administration actively supported the weaker Senate bill and Obama administration officials helped craft some of the controversial provisions contained in the Senate mark-up version of the bill in 2009. The Senate sponsors of S. 372 delayed presenting the controversial bill for full Senate approval until the latter stage of the lame-duck session of the 111th Congress. The Senate version of the WPEA contained only modest reforms of whistleblower rights and actually contained a few provisions that would have made it more difficult for federal employees to bring whistleblower claims. The Senate bill differed substantially from the House version and the delay tactics by the Senate sponsors of S. 372 ensured that the House was given only a take-it-or-leave-it option to take up the weak Senate bill. When the House finally considered the weaker Senate bill on the last day of the 111th Congress, the bill's sponsors needed a two-thirds vote to pass the bill on the House suspension calendar. Lacking the votes necessary to pass the weaker Senate bill, and to avoid objections raised by Republicans to the intelligence agency protections, the House sponsors of the Senate bill stripped out all protections for intelligence agency and FBI employees. The severely watered-down version of the WPEA was killed in the Senate on December 22, 2010, when a senator placed an anonymous hold on the bill.

On the Media and the Government Accountability Project have organized a grassroots effort using the Internet to attempt to determine which senator placed the anonymous hold.[3] As of March 14, 2011 (2011 -03-14)[update], only three senators had not denied placing the anonymous hold: Jon Kyl (R-AZ), Jeff Sessions (R-AL), and Jim Risch (R-ID).

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更新时间:2025/3/23 2:09:44