News from Passman & Kaplan: On April 1, 2019, Passman & Kaplan, P.C. Founding Principal Edward H. Passman and his client, Tricia Newbold, were both interviewed in the press. Ms. Newbold was interviewed by NBC News. Mr. Passman was interviewed on National Public Radio (NPR), on NPR's All Things Considered program. Both interviews concerned Ms. Newbold's claims against the Executive Office of the President, Office of Administration, which were recently discussed in greater detail in this blog.
News from Congress: Tricia Newbold, an employee at the Executive Office of the President, Office of Administration, recently testified before the House Committee on Oversight and Reform. As the Committee's chair, Rep. Elijah Cummings, stated in an April 1, 2019 letter to the White House, Ms. Newbold "has informed the Committee that during the Trump Administration, she and other career officials adjudicated denials of dozens of applications for security clearances that were later overturned. As a result, she warned that security clearance applications for White House officials 'were not always adjudicated in the best interest of national security.' She also reported to the Committee that she has been targeted for retaliation after declining to grant security clearances based on longstanding national security protocols. She stated: 'I'm terrified of going back. I know that this will not be perceived in favor of my intentions, which is to bring back the integrity of the office.'"
News from Congress: On December 21, 2018, the President signed Pub.L. 115-397. Pub.L. 115-397 made major revisions to the Congressional Accountability Act (CAA), which governs discrimination claims for most legislative branch employees.
News from Congress: On January 16, 2019, the President signed S.24, the Government Employee Fair Treatment Act of 2019 into law. S.24 contains important provisions for federal employees subject to the present partial government shutdown, as well as for employees affected by future appropriations lapse furloughs.
News from Congress: On October 26, 2017, new whistleblower protection legislation was signed into law as Pub.L. 115-73. The statute makes several important changes to whistleblower reprisal protections for federal employees.
News from Congress: On June 23, 2017, the President signed into law Pub.L. 115-41. The new statute reduces civil service protections for employees of the Department of Veterans Affairs (DVA).
News from Congress: On June 14, 2017, the President signed into law H.R. 657 as new Pub.L. 115-40. the so-called "Follow the Rules Act." The statute was designed to legislatively overrule the decision of the U.S. Court of Appeals for the Federal Circuit in Rainey.
News from the Federal Circuit: On August 5, 2013, the U.S. Court of Appeals for the Federal Circuit issued its decision in Gallo v. Department of Transportation, Case No. 2011-3094. The Court created a major new hurdle to Federal Aviation Administration (FAA) employees seeking the award of back pay, specifically holding that the Federal Circuit lacks the authority to award attorneys' fees and costs in FAA back pay cases.
News from Congress: On December 19, 2012, the House approved amendments to the Hatch Act which were previously passed by the Senate. The Hatch Act Modernization Act of 2012, S.2170, makes several changes to the Hatch Act which affect its disciplinary provisions and the scope of employees covered by the Hatch Act. According to Senate Report 112-211, these amendments were supported by Special Counsel Carolyn Lerner. S.2170 now goes to President Obama for his signature.
News from Congress: Congress has increased protections for federal employee whistleblowers. On November 13, 2012, the Senate passed S. 743, the Whistleblower Protection Enhancement Act of 2012 ("WPEA") by unanimous consent. The Senate action accepted revisions to WPEA to match the version of the bill passed in the House of Representatives in September 2012. The bill has now been forwarded to President Obama for his signature.