Whistleblower Protection Enhancement Act

The United States Patent and Trademark Office does not tolerate retaliation against whistleblowers.  It is prohibited to take or fail to take, or threaten to take or fail to take, a personnel action against an employee or applicant because of disclosure of information that individual reasonably believes to evidence violation of law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety, unless disclosure of such information is specifically prohibited by law or specifically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs.

The provisions of the USPTO's nondisclosure policies, forms, and agreements are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection.  The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into the USPTO's agreements and are controlling.  See

  • Executive Order No. 13526;
  • Section 721 1 of Title 5, United States Code (governing disclosures to Congress);
  • Section 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military);
  • Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act of 1989 (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats);
  • Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents);
  • The statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code; and
  • Section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)).

 

For more information, you may contact Maria Campo, Senior Counsel for Employment Litigation, Office of General Law, at 571-272-3000.