[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 985 Reported in House (RH)]






                                                  Union Calendar No. 18
110th CONGRESS
  1st Session
                                H. R. 985

                      [Report No. 110-42, Part 1]

 To amend title 5, United States Code, to clarify which disclosures of 
   information are protected from prohibited personnel practices; to 
require a statement in nondisclosure policies, forms, and agreements to 
  the effect that such policies, forms, and agreements are consistent 
      with certain disclosure protections, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2007

Mr. Waxman (for himself, Mr. Platts, Mr. Van Hollen, and Mr. Tom Davis 
 of Virginia) introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
Committee on Armed Services, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

                             March 9, 2007

   Additional sponsors: Mr. Cummings, Mrs. Maloney of New York, Ms. 
   Norton, Mr. Kucinich, Ms. McCollum of Minnesota, Ms. Watson, Mr. 
 Cooper, Mr. Braley of Iowa, Mr. Yarmuth, Mr. Clay, Mr. Kanjorski, Mr. 
 Davis of Illinois, Mr. Shays, Mr. Murphy of Connecticut, Mr. Welch of 
 Vermont, Mr. Berman, Mr. Nadler, Mr. George Miller of California, Mr. 
    Allen, Mr. Ellison, Mr. Israel, Mr. McHugh, Ms. Zoe Lofgren of 
        California, Mr. Conyers, Ms. Schwartz, and Mr. Ackerman

                             March 9, 2007

  Reported from the Committee on Oversight and Government Reform with 
                               amendments
  [Omit the part struck through and insert the part printed in italic]

                             March 9, 2007

 Committee on Armed Services discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 To amend title 5, United States Code, to clarify which disclosures of 
   information are protected from prohibited personnel practices; to 
require a statement in nondisclosure policies, forms, and agreements to 
  the effect that such policies, forms, and agreements are consistent 
      with certain disclosure protections, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Whistleblower 
Protection Enhancement Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Clarification of disclosures covered.
Sec. 3. Covered disclosures.
Sec. 4. Rebuttable presumption.
Sec. 5. Nondisclosure policies, forms, and agreements.
Sec. 6. Exclusion of agencies by the President.
Sec. 7. Disciplinary action.
Sec. 8. Government Accountability Office study on revocation of 
                            security clearances.
Sec. 9. Alternative recourse.
Sec. 10. National security whistleblower rights.
Sec. 11. Enhancement of contractor employee whistleblower protections.
Sec. 12. Prohibited personnel practices affecting the Transportation 
                            Security Administration.
Sec. 13. Clarification of whistleblower rights relating to scientific 
                            and other research.
Sec. 14. Effective date.

SEC. 2. CLARIFICATION OF DISCLOSURES COVERED.

    Section 2302(b)(8) of title 5, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``which the employee or applicant 
                reasonably believes evidences'' and inserting ``, 
                without restriction as to time, place, form, motive, 
                context, or prior disclosure made to any person by an 
                employee or applicant, including a disclosure made in 
                the ordinary course of an employee's duties, that the 
                employee or applicant reasonably believes is evidence 
                of''; and
                    (B) in clause (i), by striking ``a violation'' and 
                inserting ``any violation''; and
            (2) in subparagraph (B)--
                    (A) by striking ``which the employee or applicant 
                reasonably believes evidences'' and inserting ``, 
                without restriction as to time, place, form, motive, 
                context, or prior disclosure made to any person by an 
                employee or applicant, including a disclosure made in 
                the ordinary course of an employee's duties, of 
                information that the employee or applicant reasonably 
                believes is evidence of''; and
                    (B) in clause (i), by striking ``a violation'' and 
                inserting ``any violation (other than a violation of 
                this section)''.

SEC. 3. COVERED DISCLOSURES.

    Section 2302(a)(2) of title 5, United States Code, is amended--
            (1) in subparagraph (B)(ii), by striking ``and'' at the 
        end;
            (2) in subparagraph (C)(iii), by striking the period at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(D) `disclosure' means a formal or informal 
        communication, but does not include a communication concerning 
        policy decisions that lawfully exercise discretionary authority 
        unless the <DELETED>employee</DELETED> employee or applicant 
        providing the disclosure reasonably believes that the 
        disclosure evidences--
                    ``(i) any violation of any law, rule, or 
                regulation; or
                    ``(ii) gross mismanagement, a gross waste of funds, 
                an abuse of authority, or a substantial and specific 
                danger to public health or safety.''.

SEC. 4. REBUTTABLE PRESUMPTION.

    Section 2302(b) of title 5, United States Code, is amended by 
adding at the end the following: ``For purposes of paragraph (8), any 
presumption relating to the performance of a duty by an employee who 
has authority to take, direct others to take, recommend, or approve any 
personnel action may be rebutted by substantial evidence. For purposes 
of paragraph (8), a determination as to whether an employee or 
applicant reasonably believes that such employee or applicant has 
disclosed information that evidences any violation of law, rule, 
regulation, gross mismanagement, a gross waste of funds, an abuse of 
authority, or a substantial and specific danger to public health or 
safety shall be made by determining whether a disinterested observer 
with knowledge of the essential facts known to or readily ascertainable 
by the employee or applicant could reasonably conclude that the actions 
of the Government evidence such violations, mismanagement, waste, 
abuse, or danger.''.

SEC. 5. NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS.

    (a) Personnel Action.--Section 2302(a)(2)(A) of title 5, United 
States Code, is amended--
            (1) in clause (x), by striking ``and'' at the end;
            (2) by redesignating clause (xi) as clause (xii); and
            (3) by inserting after clause (x) the following:
                    ``(xi) the implementation or enforcement of any 
                nondisclosure policy, form, or agreement; and''.
    (b) Prohibited Personnel Practice.--Section 2302(b) of title 5, 
United States Code, is amended--
            (1) in paragraph (11), by striking ``or'' at the end;
            (2) by redesignating paragraph (12) as paragraph (14); and
            (3) by inserting after paragraph (11) the following:
            ``(12) implement or enforce any nondisclosure policy, form, 
        or agreement, if such policy, form, or agreement does not 
        contain the following statement: `These provisions are 
        consistent with and do not supersede, conflict with, or 
        otherwise alter the employee obligations, rights, or 
        liabilities created by Executive Order No. 12958; section 7211 
        of title 5, United States Code (governing disclosures to 
        Congress); section 1034 of title 10, United States Code 
        (governing disclosures to Congress by members of the military); 
        section 2302(b)(8) of title 5, United States Code (governing 
        disclosures of illegality, waste, fraud, abuse, or public 
        health or safety threats); the Intelligence Identities 
        Protection Act of 1982 (50 U.S.C. 421 and following) (governing 
        disclosures that could expose confidential Government agents); 
        and the statutes which protect against disclosures that could 
        compromise national security, including sections 641, 793, 794, 
        798, and 952 of title 18, United States Code, and section 4(b) 
        of the Subversive Activities Control Act of 1950 (50 U.S.C. 
        783(b)). The definitions, requirements, obligations, rights, 
        sanctions, and liabilities created by such Executive order and 
        such statutory provisions are incorporated into this agreement 
        and are controlling.';
            ``(13) conduct, or cause to be conducted, an investigation, 
        other than any ministerial or nondiscretionary factfinding 
        activities necessary for the agency to perform its mission, of 
        an employee or applicant for employment because of any activity 
        protected under this section; or''.

SEC. 6. EXCLUSION OF AGENCIES BY THE PRESIDENT.

    Section 2302(a)(2)(C) of title 5, United States Code, is amended by 
striking clause (ii) and inserting the following:
                    ``(ii)(I) the Federal Bureau of Investigation, the 
                Central Intelligence Agency, the Defense Intelligence 
                Agency, the National Geospatial-Intelligence Agency, or 
                the National Security Agency; or
                    ``(II) as determined by the President, any 
                Executive agency or unit thereof the principal function 
                of which is the conduct of foreign intelligence or 
                counterintelligence activities, if the determination 
                (as that determination relates to a personnel action) 
                is made before that personnel action; or''.

SEC. 7. DISCIPLINARY ACTION.

    Section 1215(a)(3) of title 5, United States Code, is amended to 
read as follows:
    ``(3)(A) A final order of the Board may impose--
            ``(i) disciplinary action consisting of removal, reduction 
        in grade, debarment from Federal employment for a period not to 
        exceed 5 years, suspension, or reprimand;
            ``(ii) an assessment of a civil penalty not to exceed 
        $1,000; or
            ``(iii) any combination of disciplinary actions described 
        under clause (i) and an assessment described under clause (ii).
    ``(B) In any case in which the Board finds that an employee has 
committed a prohibited personnel practice under paragraph (8) or (9) of 
section 2302(b), the Board shall impose disciplinary action if the 
Board finds that the activity protected under such paragraph (8) or (9) 
(as the case may be) was the primary motivating factor, unless that 
employee demonstrates, by a preponderance of the evidence, that the 
employee would have taken, failed to take, or threatened to take or 
fail to take the same personnel action, in the absence of such 
protected activity.''.

SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON REVOCATION OF 
              SECURITY CLEARANCES.

    (a) Requirement.--The Comptroller General shall conduct a study of 
security clearance revocations, taking effect after 1996, with respect 
to personnel that filed claims under chapter 12 of title 5, United 
States Code, in connection therewith. The study shall consist of an 
examination of the number of such clearances revoked, the number 
restored, and the relationship, if any, between the resolution of 
claims filed under such chapter and the restoration of such clearances.
    (b) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committee on Oversight and Government Reform of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the results of the study required by 
subsection (a).

SEC. 9. ALTERNATIVE RECOURSE.

    (a) In General.--Section 1221 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(k)(1) If, in the case of an employee, former employee, or 
applicant for employment who seeks corrective action (or on behalf of 
whom corrective action is sought) from the Merit Systems Protection 
Board based on an alleged prohibited personnel practice described in 
section 2302(b)(8), no final order or decision is issued by the Board 
within 180 days after the date on which a request for such corrective 
action has been duly submitted (or, in the event that a final order or 
decision is issued by the Board, whether within that 180-day period or 
thereafter, then, within 90 days after such final order or decision is 
issued, and so long as such employee, former employee, or applicant has 
not filed a petition for judicial review of such order or decision 
under subsection (h))--
            ``(A) such employee, former employee, or applicant may, 
        after providing written notice to the Board, bring an action at 
        law or equity for de novo review in the appropriate United 
        States district court, which shall have jurisdiction over such 
        action without regard to the amount in <DELETED>controversy;</DELETED> 
        controversy, and which action shall, at the request of either 
        party to such action, be tried by the court with a jury; and
            ``(B) in any such action, the court--
                    ``(i) shall apply the standards set forth in 
                subsection (e); and
                    ``(ii) may award any relief which the court 
                considers appropriate, including any relief described 
                in subsection (g).
An appeal from a final decision of a district court in an action under 
this paragraph may, at the election of the appellant, be taken to the 
Court of Appeals for the Federal Circuit (which shall have jurisdiction 
of such appeal), in lieu of the United States court of appeals for the 
circuit embracing the district in which the action was brought.
    ``(2) For purposes of this subsection, the term `appropriate United 
States district court', as used with respect to an alleged prohibited 
personnel practice, means the United States district court for the 
district in which the prohibited personnel practice is alleged to have 
been committed, the judicial district in which the employment records 
relevant to such practice are maintained and administered, or the 
judicial district in which resides the employee, former employee, or 
applicant for employment allegedly affected by such practice.
    ``(3) This subsection applies with respect to any appeal, petition, 
or other request for corrective action duly submitted to the Board, 
whether pursuant to section 1214(b)(2), the preceding provisions of 
this section, section 7513(d), or any otherwise applicable provisions 
of law, rule, or regulation.''.
    (b) Review of MSPB Decisions.--Section 7703(b) of such title 5 is 
amended--
            (1) in the first sentence of paragraph (1), by striking 
        ``the United States Court of Appeals for the Federal Circuit'' 
        and inserting ``the appropriate United States court of 
        appeals''; and
            (2) by adding at the end the following:
    ``(3) For purposes of the first sentence of paragraph (1), the term 
`appropriate United States court of appeals' means the United States 
Court of Appeals for the Federal <DELETED>Circuit. </DELETED> Circuit, 
except that in the case of a prohibited personnel practice described in 
section 2302(b)(8) (other than a case that, disregarding this 
paragraph, would otherwise be subject to paragraph (2)), such term 
means the United States Court of Appeals for the Federal Circuit and 
any United States court of appeals having jurisdiction over appeals 
from any United States district court which, under section 1221(k)(2), 
would be an appropriate United States district court for purposes of 
such prohibited personnel practice.''.
    (c) Compensatory Damages.--Section 1221(g)(1)(A)(ii) of such title 
5 is amended by striking all after ``travel expenses,'' and inserting 
``any other reasonable and foreseeable consequential damages, and 
compensatory damages (including attorney's fees, interest, reasonable 
expert witness fees, and costs).''.
    <DELETED>(c)</DELETED> (d) Conforming Amendments.--
            (1) Section 1221(h) of such title 5 is amended by adding at 
        the end the following:
    ``(3) Judicial review under this subsection shall not be available 
with respect to any decision or order as to which the employee, former 
employee, or applicant has filed a petition for judicial review under 
subsection (k).''.
            (2) Section 7703(c) of such title 5 is amended by striking 
        ``court.'' and inserting ``court, and in the case of a 
        prohibited personnel practice described in section 2302(b)(8) 
        brought under any provision of law, rule, or regulation 
        described in section 1221(k)(3), the employee or applicant 
        shall have the right to de novo review in accordance with 
        section 1221(k).''.

SEC. 10. NATIONAL SECURITY WHISTLEBLOWER RIGHTS.

    (a) In General.--Chapter 23 of title 5, United States Code, is 
amended by inserting after section 2303 the following:
``Sec. 2303a. National security whistleblower rights
    ``(a) Prohibition of Reprisals.--
            ``(1) In general.--In addition to any rights provided in 
        section 2303 of this title, title VII of Public Law 105-272, or 
        any other provision of law, an employee, former employee, or 
        applicant for employment in a covered agency may not be 
        discharged, demoted, or otherwise discriminated against 
        (including by denying, suspending, or revoking a security 
        clearance, or by otherwise restricting access to classified or 
        sensitive information) as a reprisal for making a disclosure 
        described in paragraph (2).
            ``(2) Disclosures described.--A disclosure described in 
        this paragraph is any disclosure of covered information which 
        is made--
                    ``(A) by an employee, former employee, or applicant 
                for employment in a covered agency (without restriction 
                as to time, place, form, motive, context, or prior 
                disclosure made to any person by an employee, former 
                employee, or applicant, including a disclosure made in 
                the course of an employee's duties); and
                    ``(B) to an authorized Member of Congress, an 
                authorized official of an Executive agency, an 
                authorized official of the Department of Justice, or 
                the Inspector General of the covered agency in which 
                such employee is employed, such former employee was 
                employed, or such applicant seeks employment.
    ``(b) Investigation of Complaints.--An employee, former employee, 
or applicant for employment in a covered agency who believes that such 
employee, former employee, or applicant has been subjected to a 
reprisal prohibited by subsection (a) may submit a complaint to the 
Inspector General and the 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 120 days to the employee, 
former employee, or applicant and to the head of the covered agency.
    ``(c) Remedy.--
            ``(1) Within 180 days of the filing of the complaint, the 
        head of the covered agency shall, taking into consideration the 
        report of the Inspector General under subsection (b) (if any), 
        determine whether the employee, former employee, or applicant 
        has been subjected to a reprisal prohibited by subsection (a), 
        and shall either issue an order denying relief or shall 
        implement corrective action to return the employee, former 
        employee, or applicant, 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, <DELETED>and any other 
        reasonable and foreseeable consequential damages including 
        attorney's fees and costs.</DELETED> any other reasonable and 
        foreseeable consequential damages, and compensatory damages 
        (including attorney's fees, interest, reasonable expert witness 
        fees, and costs). If the head of the covered agency issues an 
        order denying relief, he shall issue a report to the employee, 
        former employee, or applicant detailing the reasons for the 
        denial.
            ``(2)(A) If the head of the covered agency, in the process 
        of implementing corrective action under paragraph (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 subparagraph (A), the head of the 
        covered agency shall issue an unclassified report to its 
        Inspector General and to 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 Inspector General 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 made a 
        determination under paragraph (1) within 180 days of the filing 
        of the complaint (or he has issued an order denying relief, in 
        whole or in part, whether within that 180-day period or 
        thereafter, then, within 90 days after such order is issued), 
        the employee, former employee, or applicant for employment may 
        bring an action at law or equity for de novo review to seek any 
        corrective action described in paragraph (1) in the appropriate 
        United States district court (as defined by section 
        1221(k)(2)), which shall have jurisdiction over such action 
        without regard to the amount in <DELETED>controversy.</DELETED> 
        controversy, and which action shall, at the request of either 
        party to such action, be tried by the court with a jury. 
        <DELETED>A petition to review a final decision under this 
        paragraph shall be filed in the United States Court of Appeals 
        for the Federal Circuit.</DELETED> An appeal from a final 
        decision of a district court in an action under this paragraph 
        may, at the election of the appellant, be taken to the Court of 
        Appeals for the Federal Circuit (which shall have jurisdiction 
        of such appeal), in lieu of the United States court of appeals 
        for the circuit embracing the district in which the action was 
        brought.
            ``(4) An employee, former employee, or applicant adversely 
        affected or aggrieved by an order issued under paragraph (1), 
        or who seeks review of any corrective action determined under 
        paragraph (1), may obtain judicial review of such order or 
        determination in the United States Court of Appeals for the 
        Federal <DELETED>Circuit.</DELETED> Circuit or any United 
        States court of appeals having jurisdiction over appeals from 
        any United States district court which, under section 
        1221(k)(2), would be an appropriate United States district 
        court. No petition seeking such review may be filed more than 
        60 days after issuance of the order or the determination to 
        implement corrective action by the head of the agency. Review 
        shall conform to chapter 7.
            ``(5)(A) If, in any action for damages or relief under 
        paragraph (3) or (4), an Executive 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 
        <DELETED>plaintiff</DELETED> employee, former employee, or 
        applicant from establishing an element in support of the 
        <DELETED>plaintiff's</DELETED> employee's, former employee's, 
        or applicant's claim, the court shall resolve the disputed 
        issue of fact or law in favor of the <DELETED>plaintiff</DELETED> 
        employee, former employee, or applicant, provided that an 
        Inspector General investigation under subsection (b) has 
        resulted in substantial confirmation of that element, or those 
        elements, of the <DELETED>plaintiff's</DELETED> employee's, 
        former employee's, or applicant's claim.
            ``(B) In any case in which an Executive 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, former 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) Applicability to Non-Covered Agencies.--An employee, former 
employee, or applicant for employment in an Executive agency (or 
element or unit thereof) that is not a covered agency shall, for 
purposes of any disclosure of covered information (as described in 
subsection (a)(2)) which consists in whole or in part of classified or 
sensitive information, be entitled to the same protections, rights, and 
remedies under this section as if that Executive agency (or element or 
unit thereof) were a covered agency.
    ``(e) Construction.--Nothing in this section may be construed--
            ``(1) to authorize the discharge of, demotion of, or 
        discrimination against an <DELETED>employee</DELETED> employee, 
        former employee, or applicant for employment for a disclosure 
        other than a disclosure protected by subsection (a) or (d) of 
        this section or to modify or derogate from a right or remedy 
        otherwise available to an employee, former employee, or 
        applicant for employment; or
            ``(2) to preempt, modify, limit, or derogate any rights or 
        remedies available to an employee, former employee, or 
        applicant for employment under any other provision of law, 
        rule, or regulation (including the Lloyd-La Follette Act).
No court or administrative agency may require the exhaustion of any 
right or remedy under this section as a condition for pursuing any 
other right or remedy otherwise available to an employee, former 
employee, or applicant under any other provision of law, rule, or 
regulation (as referred to in paragraph (2)).
    ``(f) Definitions.--For purposes of this section--
            ``(1) the term `covered information', as used with respect 
        to an employee, former employee, or applicant for employment, 
        means any information (including classified or sensitive 
        information) which the employee, former employee, or applicant 
        reasonably believes evidences--
                    ``(A) any 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--
                    ``(A) the Federal Bureau of Investigation, the 
                Central Intelligence Agency, the Defense Intelligence 
                Agency, the National Geospatial-Intelligence Agency, 
                the National Security Agency, and the National 
                Reconnaissance Office; and
                    ``(B) any other Executive agency, or element or 
                unit thereof, determined by the President under section 
                2302(a)(2)(C)(ii)(II) 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 Oversight and 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;
            ``(4) the term `authorized official of an Executive agency' 
        shall have such meaning as the Office of Personnel Management 
        shall by regulation prescribe, except that such term shall, 
        with respect to any employee, former employee, or applicant for 
        employment in an agency, include--
                    ``(A) the immediate supervisor of the employee or 
                former employee and each successive supervisor 
                (immediately above such immediate supervisor) within 
                the employee's or former employee's chain of authority 
                (as determined under such regulations); and
                    ``(B) the head, general counsel, and ombudsman of 
                such agency; and
            ``(5) the term `authorized official of the Department of 
        Justice' means any employee of the Department of Justice, the 
        duties of whose position include the investigation, 
        enforcement, or prosecution of any law, rule, or regulation.''.
    (b) Clerical Amendment.--The table of sections for chapter 23 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 2303 the following:

``2303a. National security whistleblower rights.''.

SEC. 11. ENHANCEMENT OF CONTRACTOR EMPLOYEE WHISTLEBLOWER PROTECTIONS.

    (a) Civilian Agency Contracts.--Section 315(c) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 265(c)) is 
amended--
            (1) in paragraph (1), by striking ``If the head'' and all 
        that follows through ``actions:'' and inserting the following: 
        ``Not later than 180 days after submission of a complaint under 
        subsection (b), the head of the executive agency concerned 
        shall determine whether the contractor concerned has subjected 
        the complainant to a reprisal prohibited by subsection (a) and 
        shall either issue an order denying relief or shall take one or 
        more of the following actions:''; and
            (2) by redesignating paragraph (3) as paragraph (4) and 
        adding after paragraph (2) the following new paragraph (3):
    ``(3) If the head of an executive agency has not issued an order 
within 180 days after the submission of a complaint under subsection 
(b) 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 
administrative remedies with respect to the complaint, and the 
complainant may bring an action at law or equity for de novo review to 
seek compensatory damages and other relief available under this section 
in the appropriate district court of the United States, which shall 
have jurisdiction over such an action without regard to the amount in 
<DELETED>controversy. </DELETED> controversy, and which action shall, 
at the request of either party to such action, be tried by the court 
with a jury.''.
    (b) Armed Services Contracts.--Section 2409(c) of title 10, United 
States Code, is amended--
            (1) in paragraph (1), by striking ``If the head'' and all 
        that follows through ``actions:'' and inserting the following: 
        ``Not later than 180 days after submission of a complaint under 
        subsection (b), the head of the agency concerned shall 
        determine whether the contractor concerned has subjected the 
        complainant to a reprisal prohibited by subsection (a) and 
        shall either issue an order denying relief or shall take one or 
        more of the following actions:''; and
            (2) by redesignating paragraph (3) as paragraph (4) and 
        adding after paragraph (2) the following new paragraph (3):
    ``(3) If the head of an agency has not issued an order within 180 
days after the submission of a complaint under subsection (b) 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 
administrative remedies with respect to the complaint, and the 
complainant may bring an action at law or equity for de novo review to 
seek compensatory damages and other relief available under this section 
in the appropriate district court of the United States, which shall 
have jurisdiction over such an action without regard to the amount in 
<DELETED>controversy. </DELETED> controversy, and which action shall, 
at the request of either party to such action, be tried by the court 
with a jury.''.

SEC. 12. PROHIBITED PERSONNEL PRACTICES AFFECTING THE TRANSPORTATION 
              SECURITY ADMINISTRATION.

    (a) In General.--Chapter 23 of title 5, United States Code, is 
amended--
            (1) by redesignating sections 2304 and 2305 as sections 
        2305 and 2306, respectively; and
            (2) by inserting after section 2303a (as inserted by 
        section 10) the following:
``Sec. 2304. Prohibited personnel practices affecting the 
              Transportation Security Administration
    ``(a) In General.--Notwithstanding any other provision of law, any 
individual holding or applying for a position within the Transportation 
Security Administration shall be covered by--
            ``(1) the provisions of section 2302(b)(1), (8), and (9);
            ``(2) any provision of law implementing section 2302(b)(1), 
        (8), or (9) by providing any right or remedy available to an 
        employee or applicant for employment in the civil service; and
            ``(3) any rule or regulation prescribed under any provision 
        of law referred to in paragraph (1) or (2).
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to affect any rights, apart from those described in 
subsection (a), to which an individual described in subsection (a) 
might otherwise be entitled under law.
    ``(c) Effective Date.--This section shall take effect as of the 
date of the enactment of this section.''.
    (b) Clerical Amendment.--The table of sections for chapter 23 of 
title 5, United States Code, is amended by striking the items relating 
to sections 2304 and 2305, respectively, and by inserting the 
following:

``2304. Prohibited personnel practices affecting the Transportation 
                            Security Administration.
``2305. Responsibility of the Government Accountability Office.
``2306. Coordination with certain other provisions of law.''.

SEC. 13. CLARIFICATION OF WHISTLEBLOWER RIGHTS RELATING TO SCIENTIFIC 
              AND OTHER RESEARCH.

    Section 2302 of title 5, United States Code, is amended by adding 
at the end the following:
    ``(f) As used in section 2302(b)(8), the term `abuse of authority' 
includes--
            ``(1) any action that compromises the validity or accuracy 
        of federally funded research or analysis; and
            ``(2) the dissemination of false or misleading scientific, 
        medical, or technical information.''.

SEC. 14. EFFECTIVE DATE.

    This Act shall take effect 30 days after the date of the enactment 
of this Act, except as provided in the amendment made by section 
12(a)(2).
                                                  Union Calendar No. 18

110th CONGRESS

  1st Session

                               H. R. 985

                      [Report No. 110-42, Part 1]

_______________________________________________________________________

                                 A BILL

 To amend title 5, United States Code, to clarify which disclosures of 
   information are protected from prohibited personnel practices; to 
require a statement in nondisclosure policies, forms, and agreements to 
  the effect that such policies, forms, and agreements are consistent 
      with certain disclosure protections, and for other purposes.

_______________________________________________________________________

                             March 9, 2007

  Reported from the Committee on Oversight and Government Reform with 
                               amendments

                             March 9, 2007

 Committee on Armed Services discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed