吹哨法案是美國的告密者保護法案，本法案旨在保護告密者，鼓勵公民參與社會公正的監督。是一部由美國政府通過的聯邦政府法律，主要為了鼓勵公務員內部的監督，即每個政府工作人員本著為社會公眾利益，都可以站出來通過告密的手段，來維持社會公正。告密者受到法律的保護，告密者可以通過訴訟手段來起訴政府相關部門和負責人，檢舉貪腐，瀆職等問題。 另外告密者也可以向美國相關授權部門進行告密。
基本介紹
- 中文名：吹哨法案
- 外文名：Whistleblower Protection Act
聯邦授權機構,法律案件,
聯邦授權機構
The Office of Special Counsel,縮寫為OSC,是美國一個獨立的調查機構，具有原告地位，可以調查聯邦政府來自告密者的投訴，本機構大約有100來人。
The Merit Systems Protection Board(MSPB), 是一個具有準司法地位機構用來處理和裁斷來自美國聯邦政府雇員投訴，通過使用美國的聯邦管理法律來審理此類案件，裁斷管理和評價員工的職業道德方面，通常站在美國政府的立場。類似於中國公務員體制內的申訴機構，只管理美國聯邦雇員。
The United States Court of Appeals for the Federal Circuit(Federal Circuit, in case citations, Fed. Cir.or C.A.F.C.) 美國聯邦巡迴法院通過訴訟來裁斷告密者案件。
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).
