[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5112 Reported in House (RH)]







                                                 Union Calendar No. 249
109th CONGRESS
  2d Session
                                H. R. 5112

                          [Report No. 109-445]

    To provide for reform in the operations of the executive branch.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2006

  Mr. Tom Davis of Virginia (for himself, Mr. Waxman, Mr. Shays, Mr. 
Lantos, Mr. Gutknecht, Mr. Owens, Mr. Platts, Mr. Towns, Mrs. Miller of 
Michigan, Mrs. Maloney, Mr. Issa, Mr. Cummings, Mr. Dent, Mr. Kucinich, 
Ms. Foxx, Mr. Clay, Ms. Watson, Mr. Lynch, Mr. Van Hollen, Mr. Higgins, 
 Ms. Norton, Mr. Kanjorski, and Mr. Davis of Illinois) introduced the 
   following bill; which was referred to the Committee on Government 
                                 Reform

                             April 27, 2006

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
    To provide for reform in the operations of the executive branch.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Executive Branch Reform Act of 
2006''.

SEC. 2. REQUIREMENTS RELATING TO SIGNIFICANT CONTACTS.

    (a) In General.--The Ethics in Government Act of 1978 (5 U.S.C. 
App. 4) is amended by adding at the end the following new title:

    ``TITLE VI--EXECUTIVE BRANCH DISCLOSURE OF SIGNIFICANT CONTACTS

``SEC. 601. RECORDING AND REPORTING BY CERTAIN EXECUTIVE BRANCH 
              OFFICIALS OF SIGNIFICANT CONTACTS MADE TO THOSE 
              OFFICIALS.

    ``(a) In General.--Not later than 30 days after the end of a 
calendar quarter, each covered executive branch official shall make a 
record of, and file with the Office of Government Ethics a report on, 
any significant contacts during the quarter between the covered 
executive branch official and any private party relating to an official 
government action. If no such contacts occurred, each such official 
shall make a record of, and file with the Office a report on, this 
fact, at the same time.
    ``(b) Contents of Record and Report.--Each record made, and each 
report filed, under subsection (a) shall contain--
            ``(1) the name of the covered executive branch official;
            ``(2) the name of each private party who had a significant 
        contact with that official; and
            ``(3) for each private party so named, a summary of the 
        nature of the contact, including--
                    ``(A) the date of the contact;
                    ``(B) the subject matter of the contact and the 
                specific executive branch action to which the contact 
                relates; and
                    ``(C) if the contact was made on behalf of a 
                client, the name of the client.
    ``(c) Withholding FOIA-Exempt Information.--This section does not 
require the filing with the Office of Government Ethics of information 
that is exempt from public disclosure under section 552(b) of title 5, 
United States Code (popularly referred to at the ``Freedom of 
Information Act'').

``SEC. 602. AUTHORITIES AND RESPONSIBILITIES OF OFFICE OF GOVERNMENT 
              ETHICS.

    ``(a) In General.--The Director of the Office of Government Ethics 
shall--
            ``(1) promulgate regulations to implement this title, 
        provide guidance and assistance on the recording and reporting 
        requirements of this title, and develop common standards, 
        rules, and procedures for compliance with this title;
            ``(2) review, and, where necessary, verify the accuracy, 
        completeness, and timeliness of reports;
            ``(3) develop filing, coding, and cross-indexing systems to 
        carry out the purpose of this title, including--
                    ``(A) a publicly available list of all private 
                parties who made a significant contact; and
                    ``(B) computerized systems designed to minimize the 
                burden of filing and maximize public access to reports 
                filed under this title;
            ``(4) make available for public inspection and copying at 
        reasonable times the reports filed under this title;
            ``(5) retain reports for a period of at least 6 years after 
        they are filed;
            ``(6) compile and summarize, with respect to each reporting 
        period, the information contained in reports filed with respect 
        to such period in a clear and complete manner;
            ``(7) notify any covered executive branch official in 
        writing that may be in noncompliance with this title; and
            ``(8) notify the United States Attorney for the District of 
        Columbia that a covered executive branch official may be in 
        noncompliance with this title, if the covered executive branch 
        official has been notified in writing and has failed to provide 
        an appropriate response within 60 days after notice was given 
        under paragraph (7).

``SEC. 603. PENALTIES.

    ``Whoever knowingly fails to--
            ``(1) remedy a defective filing within 60 days after notice 
        was given under paragraph (7); or
            ``(2) comply with any other provision of this title;
shall, upon proof of such knowing violation by a preponderance of the 
evidence, be subject to a civil fine of not more than $50,000, 
depending on the extent and gravity of the violation.

``SEC. 604. DEFINITIONS.

    ``In this title:
            ``(1) Covered executive branch official.--The term `covered 
        executive branch official' means--
                    ``(A) any officer or employee serving in a position 
                in level I, II, III, IV, or V of the Executive 
                Schedule, as designated by statute or Executive order;
                    ``(B) any member of the uniformed services whose 
                pay grade is at or above O-7 under section 201 of title 
                37, United States Code;
                    ``(C) any officer or employee serving in a position 
                of a confidential, policy-determining, policy-making, 
                or policy-advocating character described in section 
                7511(b)(2)(B) of title 5, United States Code; and
                    ``(D) any officer or employee serving in a position 
                of a confidential, policy-determining, policy-making, 
                or policy advocating character, or any other individual 
                functioning in the capacity of such an officer or 
                employee, in the Executive Office of the President or 
                the Office of the Vice President, but does not include 
                the President or Vice President or the chief of staff 
                of the President or Vice President.
            ``(2) Significant contact.--The term `significant contact' 
        means oral or written communication (including electronic 
        communication) that is made by a private party to a covered 
        executive branch official in which such private party seeks to 
        influence, or obtain nonpublic information about, official 
        action by any officer or employee of the executive branch of 
        the United States.
            ``(3) Private party.--The term `private party' means any 
        person or entity, but does not include a Federal, State, or 
        local government official or a person representing such an 
        official.''.
    (b) Effective Date.--
            (1) In general.--Title VI of the Ethics in Government Act 
        of 1978, as added by this section, takes effect 1 year after 
        the date of the enactment of this Act, except as provided in 
        paragraph (2).
            (2) Initial regulations.--The initial regulations required 
        by section 602 of that Act shall be promulgated--
                    (A) in draft form, not later than 270 days after 
                the date of the enactment of this Act; and
                    (B) in final form, not later than 1 year after the 
                date of the enactment of this Act.

SEC. 3. REQUIREMENTS RELATING TO STOPPING THE REVOLVING DOOR.

    The Ethics in Government Act of 1978 (5 U.S.C. App. 4) is amended 
by adding at the end the following new title:

                ``TITLE VII--STOPPING THE REVOLVING DOOR

``SEC. 701. TWO-YEAR COOLING-OFF PERIOD FOR PERSONS LEAVING GOVERNMENT 
              SERVICE.

    ``(a) In General.--A covered executive branch official shall not, 
for a period of two years after the termination of his employment, 
engage in any conduct that would be prohibited under subsections (c) or 
(d) of section 207 of title 18, United States Code, if it occurred 
within one year after the termination of his employment.
    ``(b) No Effect on Section 207.--This section does not expand, 
contract, or otherwise affect the application of any waiver or criminal 
penalties under section 207 of title 18, United States Code.

``SEC. 702. PROHIBITION ON NEGOTIATION OF FUTURE EMPLOYMENT.

    ``(a) Prohibition.--A covered executive branch official shall not 
participate in any official matter in which, to the official's 
knowledge, a person or organization with whom the official is 
negotiating or has any arrangement concerning prospective employment 
has a financial interest, unless a waiver has been granted under 
subsection (b).
    ``(b) Waivers Only When Exceptional Circumstances Exist.--A waiver 
to subsection (a) is not available, and shall not be granted, to any 
individual except in a case which the Government official responsible 
for the individual's appointment as a covered executive branch official 
determines that exceptional circumstances exist. Whenever such a 
determination is made, the Director of the Office of Government Ethics 
shall independently investigate and review the circumstances relating 
to the determination, and the waiver shall not take effect until the 
date on which the Director certifies in writing that exceptional 
circumstances exist.

``SEC. 703. COOLING-OFF PERIOD FOR CERTAIN PERSONS ENTERING GOVERNMENT 
              SERVICE.

    ``(a) In General.--A covered executive branch official shall not 
engage in conduct relating to a covered entity that would be prohibited 
under section 208 of title 18, United States Code, if the official had 
a financial interest in the covered entity, unless a waiver has been 
granted under subsection (b).
    ``(b) Waiver.--An agency's designated ethics officer may, if the 
Director of the Office of Government Ethics approves, waive the 
prohibition in subsection (a) with respect to a covered executive 
branch official of that agency upon a determination that the 
relationship between the covered executive branch official and the 
covered entity is not so substantial as to be deemed likely to affect 
the integrity of the services that the Government may expect from the 
official.
    ``(c) Definition.--In this section, the term `covered entity' means 
an entity--
            ``(1) in which the official, within the previous 2 years, 
        served as an officer, director, trustee, general partner, or 
        employee; or
            ``(2) for which the official, within the previous 2 years, 
        worked as a lobbyist, lawyer, or other representative.
    ``(d) No Effect on Section 208.--This section does not expand, 
contract, or otherwise affect the application of any criminal penalties 
under section 208 of title 18, United States Code.

``SEC. 704. PENALTIES.

    ``Whoever violates section 701, 702, or 703 of this title shall, 
upon proof of such knowing violation by a preponderance of the 
evidence, be subject to a civil fine of not more than $100,000, 
depending on the extent and gravity of the violation.

``SEC. 705. DEFINITION.

    ``In this title, the term `covered executive branch official' 
means--
            ``(1) any officer or employee serving in a position in 
        level I, II, III, IV, or V of the Executive Schedule, as 
        designated by statute or Executive order;
            ``(2) any member of the uniformed services whose pay grade 
        is at or above O-7 under section 201 of title 37, United States 
        Code;
            ``(3) any officer or employee serving in a position of a 
        confidential, policy-determining, policy-making, or policy-
        advocating character described in section 7511(b)(2)(B) of 
        title 5, United States Code;
            ``(4) any officer or employee serving in a position of a 
        confidential, policy-determining, policy-making, or policy 
        advocating character, or any other individual functioning in 
        the capacity of such an officer or employee, in the Executive 
        Office of the President or the Office of the Vice President; 
        and
            ``(5) the Vice President.''.

SEC. 4. ADDITIONAL PROVISIONS RELATING TO PROCUREMENT OFFICIALS.

    (a) Elimination of Loopholes That Allow Former Federal Officials to 
Accept Compensation From Contractors or Related Entities.--Section 
27(d) of the Office of Federal Procurement Policy Act (41 U.S.C. 
423(d)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or consultant'' and inserting 
                ``consultant, lawyer, or lobbyist'';
                    (B) by striking ``one year'' and inserting ``two 
                years''; and
                    (C) in subparagraph (C), by striking ``personally 
                made for the Federal agency--'' and inserting 
                ``participated personally and substantially in--''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Paragraph (1) shall not prohibit a former official of 
        a Federal agency from accepting compensation from any division 
        or affiliate of a contractor that does not produce the same or 
        similar products or services as the entity of the contractor 
        that is responsible for the contract referred to in 
        subparagraph (A), (B), or (C) of such paragraph if the agency's 
        designated ethics officer determines that--
                    ``(A) the offer of compensation is not a reward for 
                any action described in paragraph (1); and
                    ``(B) acceptance of the compensation is appropriate 
                and will not affect the integrity of the procurement 
                process.''.
    (b) Requirement for Federal Procurement Officers to Disclose Job 
Offers Made to Relatives.--Section 27(c)(1) of such Act (41 U.S.C. 
423(c)(1)) is amended by inserting after ``that official'' the 
following: ``or for a relative of that official (as defined in section 
3110 of title 5, United States Code),''.
    (c) Requirement on Award of Government Contracts to Former 
Employers.--Section 27 of such Act (41 U.S.C. 423) is amended by adding 
at the end the following new subsection:
    ``(i) Prohibition on Involvement by Certain Former Contractor 
Employees in Procurements.--An employee of the Federal Government who 
is a former employee of a contractor with the Federal Government shall 
not be personally and substantially involved with any award of a 
contract to the employee's former employer, or the administration of 
such a contract, for the two-year period beginning on the date on which 
the employee leaves the employment of the contractor.''.
    (d) Regulations.--Section 27 of such Act (41 U.S.C. 423) is further 
amended by adding at the end of the following new subsection:
    ``(j) Regulations.--The Administrator, in consultation with the 
Director of the Office of Government Ethics, shall--
            ``(1) promulgate regulations to carry out and ensure the 
        enforcement of this section; and
            ``(2) monitor and investigate individual and agency 
        compliance with this section.''.

SEC. 5. PROHIBITION ON UNAUTHORIZED EXPENDITURE OF FUNDS FOR PUBLICITY 
              OR PROPAGANDA PURPOSES.

    (a) Prohibition.--Chapter 13 of title 31, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1355. Prohibition on unauthorized expenditure of funds for 
              publicity or propaganda purposes
    ``An officer or employee of the United States Government may not 
make or authorize an expenditure or obligation of funds for publicity 
or propaganda purposes within the United States unless authorized by 
law.''.
    (b) Clerical Amendment.--The table of sections for chapter 13 of 
such title is amended by adding at the end the following new item:

``1355. Prohibition on unauthorized expenditure of funds for publicity 
                            or propaganda purposes.''.

SEC. 6. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF ALL 
              FEDERAL ADVERTISING OR OTHER COMMUNICATION MATERIALS.

    (a) Requirement.--Each advertisement or other communication paid 
for by an Executive agency, either directly or through a contract 
awarded by the Executive agency, shall include a prominent notice 
informing the target audience that the advertisement or other 
communication is paid for by that Executive agency.
    (b) Advertisement or Other Communication.--In this section, the 
term ``advertisement or other communication'' includes--
            (1) an advertisement disseminated in any form, including 
        print or by any electronic means; and
            (2) a communication by an individual in any form, including 
        speech, print, or by any electronic means.
    (c)  Executive Agency.--In this section, the term ``Executive 
agency'' has the meaning provided in section 105 of title 5, United 
States Code.

SEC. 7. ELIMINATION OF ``PSEUDO'' CLASSIFICATION.

    (a) Reports on the Proliferating Use of ``Pseudo'' Classification 
Designations.--
            (1) Report by federal agencies.--Not later than six months 
        after the date of the enactment of this Act, each federal 
        agency shall submit to the Archivist of the United States and 
        the congressional committees described in subsection (d) a 
        report describing the use of ``pseudo'' classification 
        designations.
            (2) Matters covered.--Each such agency shall report on, at 
        a minimum, the following:
                    (A) The number of ``pseudo''classification 
                designation policies used by the agency.
                    (B) Any existing guidance, instruction, directive, 
                or regulations regarding the agency's use of ``pseudo'' 
                classification designations.
                    (C) The number and level of experience and training 
                of Federal agency, office, and contractor personnel 
                authorized to make ``pseudo'' classification 
                designations.
                    (D) The cost of placing and maintaining information 
                under each ``pseudo'' classification designation.
                    (E) The extent to which information placed under 
                ``pseudo'' classification designations has subsequently 
                been released under section 552 of title 5, United 
                States Code (popularly known as the Freedom of 
                Information Act).
                    (F) The extent to which ``pseudo'' classification 
                designations have been used to withhold from the public 
                information that is not authorized to be withheld by 
                Federal statute, or by an Executive order relating to 
                the classification of national security information.
                    (G) The statutory provisions described in 
                subsection (c).
            (3) Report by the archivist of the united states.--Not 
        later than 9 months after the date of the enactment of this 
        Act, the Archivist of the United States shall issue to the 
        congressional committees described in subsection (d) a report 
        on the use of ``pseudo'' classification designations across the 
        executive branch that is based on the information provided by 
        agencies, as well as input from the Director of National 
        Intelligence, Federal agencies, offices, and contractors. All 
        federal agencies, offices, and contractors shall cooperate 
        fully and promptly with all requests by the Archivist in the 
        fulfillment of this paragraph.
            (4) Notice and comment.--The Archivist shall provide notice 
        and an opportunity for public comment on the report.
    (b) Elimination of ``Pseudo'' Classification Designations.--
            (1) Regulations.--Not later than 15 months after the date 
        of the enactment of this Act, the Archivist of the United 
        States shall promulgate regulations banning the use of 
        ``pseudo'' classification designations.
            (2) Standards for information control designations.--If the 
        Archivist determines that there is a need for some agencies to 
        use information control designations to safeguard information 
        prior to review for disclosure, beyond those designations 
        established by statute or by an Executive Order relating to the 
        classification of national security information, the 
        regulations under paragraph (1) shall establish standards for 
        the use of those designations by agencies. Such standards shall 
        address, at a minimum, the following issues:
                    (A) Standards for utilizing the information control 
                designations in a manner that is narrowly tailored to 
                maximize public access to information.
                    (B) Procedures for providing specified Federal 
                officials with authority to utilize the information 
                control designations, including training and 
                certification requirements.
                    (C) Categories of information that may be assigned 
                the information control designations.
                    (D) The duration of the information control 
                designations and the process by which they will be 
                removed.
                    (E) Procedures for identifying, marking, dating, 
                and tracking information assigned the information 
                control designations, including the identity of 
                officials making the designations.
                    (F) Specific limitations and prohibitions against 
                using the information control designations.
                    (G) Procedures for members of the public to 
                challenge the use of the information control 
                designations.
                    (H) The manner in which the use of the information 
                control designations relates to the procedures of each 
                agency or office under section 552 of title 5, United 
                States Code.
            (3) Regulation to constitute sole authority.--A regulation 
        promulgated pursuant to this subsection shall constitute the 
        sole authority by which Federal agencies, offices, or 
        contractors are permitted to control information for the 
        purposes of safeguarding information prior to review for 
        disclosure, other than authority granted by Federal statute or 
        by an Executive order relating to the classification of 
        national security information.
    (c) Review of Statutory Barriers to Public Access Information.--
            (1) Review of statutes.--As part of the report required 
        under subsection (a)(3), the Archivist shall examine existing 
        Federal statutes that allow Federal agencies, offices, or 
        contractors to control, protect, or otherwise withhold 
        information based on security concerns.
            (2) Recommendations.--The report shall make recommendations 
        on potential changes to the Federal statutes examined under 
        paragraph (1) that would improve public access to information 
        governed by such statutes.
    (d) Definitions.--In this section:
            (1) The term ``congressional committees'' means the 
        Committees on Government Reform, Judiciary, Homeland Security, 
        and Appropriations of the House of Representatives and the 
        Committees on Homeland Security and Governmental Affairs, 
        Judiciary, and Appropriations of the Senate.
            (2) The term ```pseudo' classification designations'' means 
        information control designations, including ``sensitive but 
        unclassified'' and ``for official use only'', that are not 
        defined by Federal statute, or by an Executive order relating 
        to the classification of national security information, but 
        that are used to manage, direct, or route Government 
        information, or control the accessibility of Government 
        information, regardless of its form or format.

SEC. 8. NATIONAL SECURITY WHISTLEBLOWER RIGHTS.

    Chapter 23 of title 5, United States Code, is amended by adding 
after section 2303 the following new section:
``Sec. 2303a. National security whistleblower rights
    ``(a) Prohibition of Reprisals.--In addition to any rights provided 
in Title VII of Public Law 105-272, section 2303 of title 5, United 
States Code, or any other law, an employee or applicant for employment 
of a covered agency may not be discharged, demoted, or otherwise 
discriminated against, including denying, suspending, or revoking a 
security clearance or otherwise restricting access to classified or 
sensitive information, as a reprisal for disclosing covered information 
to an authorized Member of Congress or to an authorized official of an 
executive agency, the Department of Justice, or the Inspector General 
of the employee's employing covered agency.
    ``(b) Investigation of Complaints.--An employee or applicant for 
employment of a covered agency who believes he has been subjected to a 
reprisal prohibited by subsection (a) may submit a complaint to the 
Inspector General and head of the covered agency. The Inspector General 
shall investigate the complaint and, unless the Inspector General 
determines that the complaint is frivolous, submit a report of the 
findings of the investigation within 180 days to the employee or 
applicant for employment and the head of the covered agency.
    ``(c) Remedy.--
            ``(1) Within 210 days of the filing of the complaint, the 
        head of the covered agency shall issue an order accepting or 
        rejecting the complaint, or portions thereof, taking into 
        consideration the report issued by the Inspector General under 
        subsection (b), if any. If the head of the covered agency 
        accepts the complaint, he shall implement corrective action to 
        return the complainant, as nearly as possible, to the position 
        he would have held had the reprisal not occurred, including 
        voiding any directive or order denying, suspending, or revoking 
        a security clearance or otherwise restricting access to 
        classified or sensitive information that constituted a 
        reprisal, as well as providing back pay and related benefits, 
        medical costs incurred, travel expenses, and any other 
        reasonable and foreseeable consequential damages including 
        attorney's fees and costs. If the head of the covered agency 
        rejects the complaint, he shall issue a report to the employee 
        or applicant for employment detailing the reasons for the 
        rejection.
            ``(2)(A) If the head of the covered agency, in the process 
        of implementing corrective action under (c)(1), voids a 
        directive or order denying, suspending, or revoking a security 
        clearance or otherwise restricting access to classified or 
        sensitive information that constituted a reprisal, the head of 
        the covered agency may re-initiate procedures to issue a 
        directive or order denying, suspending, or revoking a security 
        clearance or otherwise restricting access to classified or 
        sensitive information only if those re-initiated procedures are 
        based exclusively on national security concerns and are 
        unrelated to the actions constituting the original reprisal.
            ``(B) In any case in which the head of a covered agency re-
        initiates procedures under (2)(A), the head of the covered 
        agency shall issue an unclassified report to its IG and 
        authorized members of Congress (with a classified annex if 
        necessary), detailing the circumstances of the agency's re-
        initiated procedures and describing the manner in which those 
        procedures are based exclusively on national security concerns 
        and are unrelated to the actions constituting the original 
        reprisal. The head of the covered agency shall also provide 
        periodic updates to the IG and authorized members of Congress 
        detailing any significant actions taken as a result of those 
        procedures, and shall respond promptly to inquiries from 
        authorized Members of Congress regarding the status of those 
        procedures.
            ``(3) If the head of the covered agency has not accepted or 
        rejected the complaint within 210 days of the filing of the 
        complaint, and there is no showing that such delay is due to 
        the bad faith of the complainant, the complainant shall be 
        deemed to have exhausted his or her administrative remedies 
        with respect to the complaint, and the complainant may bring an 
        action at law or equity for de novo review to seek any relief 
        described in (c)(1) in the appropriate district court of the 
        United States, which shall have jurisdiction over such action 
        without regard to the amount in controversy. A petition to 
        review a final decision under this subsection shall be filed in 
        the United States Court of Appeals for the Federal Circuit.
            ``(4) The complainant may obtain review of any order issued 
        under this section in the appropriate district court of the 
        United States or the United States Court of Appeals for the 
        Federal Circuit. No petition seeking such review may be filed 
        more than 60 days after issuance of the order by the head of 
        the agency. Review shall conform to chapter 7 of title 5. A 
        petition to review a final decision of a district court under 
        this subsection shall be filed in the United States Court of 
        Appeals for the Federal Circuit.
            ``(5)(A) If, in any action for damages or relief under 
        subsections (c)(3) or (c)(4), an executive branch agency moves 
        to withhold information from discovery based on a claim that 
        disclosure would be inimical to national security by asserting 
        the privilege commonly referred to as the ``state secrets 
        privilege,'' and if the assertion of such privilege prevents 
        the plaintiff from establishing an element in support of the 
        plaintiff's claim, the court shall resolve the disputed issue 
        of fact or law in favor of the plaintiff, provided that an 
        inspector general investigation under subsection (b) has 
        resulted in substantial confirmation of that element, or those 
        elements, of the plaintiff's claim.
            ``(B) In any case in which an executive branch agency 
        asserts the privilege commonly referred to as the ``state 
        secrets privilege,'' whether or not an inspector general has 
        conducted an investigation under subsection (b), the head of 
        that agency shall, at the same time it asserts the privilege, 
        issue a report to authorized Members of Congress, accompanied 
        by a classified annex if necessary, describing the reasons for 
        the assertion, explaining why the court hearing the matter does 
        not have the ability to maintain the protection of classified 
        information related to the assertion, detailing the steps the 
        agency has taken to arrive at a mutually agreeable settlement 
        with the employee or applicant for employment, setting forth 
        the date on which the classified information at issue will be 
        declassified, and providing all relevant information about the 
        underlying substantive matter.
    ``(d) Construction.--Nothing in this section may be construed to 
authorize the discharge of, demotion of, or discrimination against an 
employee for a disclosure other than a disclosure protected by 
subsection (a) of this section or to modify or derogate from a right or 
remedy otherwise available to the employee or applicant for employment.
    ``(e) Definitions.--In this section:
            ``(1) The term ``covered information,'' including 
        classified information, is information that an employee 
        reasonably believes to provide direct and specific evidence 
        of--
                    ``(A) a violation of any law, rule, or regulation, 
                or
                    ``(B) gross mismanagement, a gross waste of funds, 
                an abuse of authority, or a substantial and specific 
                danger to public health or safety.
            ``(2) The term ``covered agency'' means one of the 
        following:
                    ``(A) The Central Intelligence Agency.
                    ``(B) The Defense Intelligence Agency.
                    ``(C) The National Imagery and Mapping Agency.
                    ``(D) The National Security Agency.
                    ``(E) The Federal Bureau of Investigation.
                    ``(F) The National Reconnaissance Office.
                    ``(G) Any other Executive agency, or element or 
                unit thereof, determined by the President under section 
                2302(a)(2)(C)(ii) of title 5, United States Code, to 
                have as its principal function the conduct of foreign 
                intelligence or counterintelligence activities.
            ``(3) The term ``authorized member of Congress'' means a 
        member of the House Permanent Select Committee on Intelligence, 
        the Senate Select Committee on Intelligence, the House 
        Committee on Government Reform, the Senate Committee on 
        Homeland Security and Governmental Affairs, and the committees 
        of the House of Representatives or the Senate that have 
        oversight over the program about which the covered information 
        is disclosed.''.
                                                 Union Calendar No. 249

109th CONGRESS

  2d Session

                               H. R. 5112

                          [Report No. 109-445]

_______________________________________________________________________

                                 A BILL

    To provide for reform in the operations of the executive branch.

_______________________________________________________________________

                             April 27, 2006

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed