What does S. 743, as currently reconciled by the House and Senate, contain?

Here’s the bill:

The Good

  • No summary judgment for MSPB, at least for now. The GAO is supposed to study the issue and make recommendations.
  • The Federal Circuit will not exercise exclusive jurisdiction, at least for two years as an experiment.
  • No change to agencies’ burden of proof.

The Bad

  • No district court trials. This too will be studied by the GAO.
  • No explicit retroactivity language to provide justice for whistleblower victims of the Bush and Obama Administrations.
  • No SSI/CUI agency designation remedy.
  • No remedy for expansion of Dep’t of Navy v. Egan to cover non-classified, sensitive positions.
  • No new protections to uniformed officers in the health and environmental fields.
  • No new protections to national security whistleblowers.
  • No remedy for retaliatory revocation of security clearances.
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