[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 372 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 372

  To amend chapter 23 of title 5, United States Code, to clarify the 
    disclosures of information protected from prohibited personnel 
 practices, require a statement in nondisclosure policies, forms, and 
   agreements that such policies, forms, and agreements conform with 
   certain disclosure protections, provide certain authority for the 
                Special Counsel, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 3, 2009

   Mr. Akaka (for himself, Ms. Collins, Mr. Grassley, Mr. Levin, Mr. 
   Lieberman, Mr. Voinovich, Mr. Leahy, Mr. Kennedy, Mr. Carper, Mr. 
Pryor, and Ms. Mikulski) introduced the following bill; which was read 
     twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend chapter 23 of title 5, United States Code, to clarify the 
    disclosures of information protected from prohibited personnel 
 practices, require a statement in nondisclosure policies, forms, and 
   agreements that such policies, forms, and agreements conform with 
   certain disclosure protections, provide certain authority for the 
                Special Counsel, 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. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY FEDERAL 
              EMPLOYEES.

    (a) Short Title.--This Act may be cited as the ``Whistleblower 
Protection Enhancement Act of 2009''.
    (b) Clarification of Disclosures Covered.--
            (1) In general.--Section 2302(b)(8) of title 5, United 
        States Code, is amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``which the employee or 
                        applicant reasonably believes evidences'' and 
                        inserting ``, without restriction to time, 
                        place, form, motive, context, forum, 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'';
                            (ii) in clause (i), by striking ``a 
                        violation'' and inserting ``any violation''; 
                        and
                            (iii) by striking ``or'' at the end;
                    (B) in subparagraph (B)--
                            (i) by striking ``which the employee or 
                        applicant reasonably believes evidences'' and 
                        inserting ``, without restriction to time, 
                        place, form, motive, context, forum, 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'';
                            (ii) in clause (i), by striking ``a 
                        violation'' and inserting ``any violation 
                        (other than a violation of this section)''; and
                            (iii) in clause (ii), by adding ``or'' at 
                        the end; and
                    (C) by adding at the end the following:
                    ``(C) any disclosure that--
                            ``(i) is made by an employee or applicant 
                        of information required by law or Executive 
                        order to be kept secret in the interest of 
                        national defense or the conduct of foreign 
                        affairs that the employee or applicant 
                        reasonably believes is direct and specific 
                        evidence of--
                                    ``(I) any violation of any law, 
                                rule, or regulation;
                                    ``(II) gross mismanagement, a gross 
                                waste of funds, an abuse of authority, 
                                or a substantial and specific danger to 
                                public health or safety; or
                                    ``(III) a false statement to 
                                Congress on an issue of material fact; 
                                and
                            ``(ii) is made to--
                                    ``(I) a member of a committee of 
                                Congress having a primary 
                                responsibility for oversight of a 
                                department, agency, or element of the 
                                Federal Government to which the 
                                disclosed information relates and who 
                                is authorized to receive information of 
                                the type disclosed;
                                    ``(II) any other Member of Congress 
                                who is authorized to receive 
                                information of the type disclosed; or
                                    ``(III) an employee of Congress who 
                                has the appropriate security clearance 
                                and is authorized to receive 
                                information of the type disclosed.''.
            (2) Prohibited personnel practices under section 
        2302(b)(9).--
                    (A) Technical and conforming amendments.--Title 5, 
                United States Code, is amended in subsections (a)(3), 
                (b)(4)(A), and (b)(4)(B)(i) of section 1214, in 
                subsections (a), (e)(1) and (i) of section 1221, and in 
                subsection (a)(2)(C)(i) of 2302 by inserting ``or 
                2302(b)(9) (B) through (D)'' after ``section 
                2302(b)(8)'' or ``(b)(8)'' each place it appears.
                    (B) Other references.--Title 5, United States Code, 
                is amended in subsection (b)(4)(B)(i) of section 1214 
                and in subsection (e)(1) of section 1221 by inserting 
                ``or protected activity'' after ``disclosure'' each 
                place it appears.
    (c) Definitional Amendments.--
            (1) Disclosures.--Section 2302(a)(2) of title 5, United 
        States Code, is amended--
                    (A) in subparagraph (B)(ii), by striking ``and'' at 
                the end;
                    (B) in subparagraph (C)(iii), by striking the 
                period at the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(D) `disclosure' means a formal or informal communication 
        or transmission, but does not include a communication 
        concerning policy decisions that lawfully exercise 
        discretionary authority unless the 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.''.
            (2) Clear and convincing evidence.--Sections 
        1214(b)(4)(B)(ii) and 1221(e)(2) of title 5, United States 
        Code, are amended by adding at the end the following: ``For 
        purposes of the preceding sentence, `clear and convincing 
        evidence' means evidence indicating that the matter to be 
        proved is highly probable or reasonably certain.''.
    (d) Rebuttable Presumption.--Section 2302(b) of title 5, United 
States Code, is amended by amending the matter following paragraph (12) 
to read as follows:
``This subsection shall not be construed to authorize the withholding 
of information from Congress or the taking of any personnel action 
against an employee who discloses information to Congress. 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 they have 
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 and readily 
ascertainable by the employee could reasonably conclude that the 
actions of the Government evidence such violations, mismanagement, 
waste, abuse, or danger.''.
    (e) Personnel Actions and Prohibited Personnel Practices.--
            (1) Personnel action.--Section 2302(a)(2)(A) of title 5, 
        United States Code, is amended--
                    (A) in clause (x), by striking ``and'' after the 
                semicolon; and
                    (B) by redesignating clause (xi) as clause (xiv) 
                and inserting after clause (x) the following:
                            ``(xi) the implementation or enforcement of 
                        any nondisclosure policy, form, or agreement;
                            ``(xii) a suspension, revocation, or other 
                        determination relating to a security clearance 
                        or any other access determination by a covered 
                        agency;
                            ``(xiii) an investigation, other than any 
                        ministerial or nondiscretionary fact finding 
                        activities necessary for the agency to perform 
                        its mission, of an employee or applicant for 
                        employment because of any activity protected 
                        under this section; and''
            (2) Prohibited personnel practice.--Section 2302(b) of 
        title 5, United States Code, is amended--
                    (A) in paragraph (11), by striking ``or'' at the 
                end;
                    (B) in paragraph (12), by striking the period and 
                inserting a semicolon; and
                    (C) by inserting after paragraph (12) the 
                following:
            ``(13) 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 disclosure 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 et seq.) (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'; or
            ``(14) conduct, or cause to be conducted, an investigation, 
        other than any ministerial or nondiscretionary fact finding 
        activities necessary for the agency to perform its mission, of 
        an employee or applicant for employment because of any activity 
        protected under this section.''.
    (f) 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, 
                the National Security Agency; and
                    ``(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''.
    (g) 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 paragraph (8) or (9) of section 2302(b) was a 
        significant motivating factor, even if other factors also 
        motivated the decision, for the employee's decision to take, 
        fail to take, or threaten to take or fail to take a personnel 
        action, unless that employee demonstrates, by preponderance of 
        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.''.
    (h) Remedies.--
            (1) Attorney fees.--Section 1204(m)(1) of title 5, United 
        States Code, is amended by striking ``agency involved'' and 
        inserting ``agency where the prevailing party is employed or 
        has applied for employment''.
            (2) Damages.--Sections 1214(g)(2) and 1221(g)(1)(A)(ii) of 
        title 5, United States Code, are 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).'' each place it appears.
    (i) Judicial Review.--
            (1) In general.--Section 7703(b)(1) of title 5, United 
        States Code, is amended to read as follows:
    ``(b)(1)(A) Except as provided in subparagraph (B) and paragraph 
(2), a petition to review a final order or final decision of the Board 
shall be filed in the United States Court of Appeals for the Federal 
Circuit. Notwithstanding any other provision of law, any petition for 
review must be filed within 60 days after the date the petitioner 
received notice of the final order or decision of the Board.
    ``(B) During the 5-year period beginning on the effective date of 
the Whistleblower Protection Enhancement Act of 2009, a petition to 
review a final order or final decision of the Board in a case alleging 
a violation of paragraph (8) or (9) of section 2302(b) shall be filed 
in the United States Court of Appeals for the Federal Circuit or any 
court of appeals of competent jurisdiction as provided under subsection 
(b)(2).''.
            (2) Review obtained by office of personnel management.--
        Section 7703(d) of title 5, United States Code, is amended to 
        read as follows:
    ``(d)(1) Except as provided under paragraph (2), this paragraph 
shall apply to any review obtained by the Director of the Office of 
Personnel Management. The Director of the Office of Personnel 
Management may obtain review of any final order or decision of the 
Board by filing, within 60 days after the date the Director received 
notice of the final order or decision of the Board, a petition for 
judicial review in the United States Court of Appeals for the Federal 
Circuit if the Director determines, in his discretion, that the Board 
erred in interpreting a civil service law, rule, or regulation 
affecting personnel management and that the Board's decision will have 
a substantial impact on a civil service law, rule, regulation, or 
policy directive. If the Director did not intervene in a matter before 
the Board, the Director may not petition for review of a Board decision 
under this section unless the Director first petitions the Board for a 
reconsideration of its decision, and such petition is denied. In 
addition to the named respondent, the Board and all other parties to 
the proceedings before the Board shall have the right to appear in the 
proceeding before the Court of Appeals. The granting of the petition 
for judicial review shall be at the discretion of the Court of Appeals.
    ``(2) During the 5-year period beginning on the effective date of 
the Whistleblower Protection Enhancement Act of 2009, this paragraph 
shall apply to any review relating to paragraph (8) or (9) of section 
2302(b) obtained by the Director of the Office of Personnel Management. 
The Director of the Office of Personnel Management may obtain review of 
any final order or decision of the Board by filing, within 60 days 
after the date the Director received notice of the final order or 
decision of the Board, a petition for judicial review in the United 
States Court of Appeals for the Federal Circuit or any court of appeals 
of competent jurisdiction as provided under subsection (b)(2) if the 
Director determines, in his discretion, that the Board erred in 
interpreting paragraph (8) or (9) of section 2302(b). If the Director 
did not intervene in a matter before the Board, the Director may not 
petition for review of a Board decision under this section unless the 
Director first petitions the Board for a reconsideration of its 
decision, and such petition is denied. In addition to the named 
respondent, the Board and all other parties to the proceedings before 
the Board shall have the right to appear in the proceeding before the 
court of appeals. The granting of the petition for judicial review 
shall be at the discretion of the Court of Appeals.''.
    (j) Merit System Protection Board Review of Security Clearances.--
            (1) In general.--Chapter 77 of title 5, United States Code, 
        is amended by inserting after section 7702 the following:
``Sec. 7702a. Actions relating to security clearances
    ``(a) In any appeal relating to the suspension, revocation, or 
other determination relating to a security clearance or access 
determination, the Merit Systems Protection Board or any reviewing 
court--
            ``(1) shall determine whether paragraph (8) or (9) of 
        section 2302(b) was violated;
            ``(2) may not order the President or the designee of the 
        President to restore a security clearance or otherwise reverse 
        a determination of clearance status or reverse an access 
        determination; and
            ``(3) subject to paragraph (2), may issue declaratory 
        relief and any other appropriate relief.
    ``(b)(1) If, in any final judgment, the Board or court declares 
that any suspension, revocation, or other determination with regard to 
a security clearance or access determination was made in violation of 
paragraph (8) or (9) of section 2302(b), the affected agency shall 
conduct a review of that suspension, revocation, access determination, 
or other determination, giving great weight to the Board or court 
judgment.
    ``(2) Not later than 30 days after any Board or court judgment 
declaring that a security clearance suspension, revocation, access 
determination, or other determination was made in violation of 
paragraph (8) or (9) of section 2302(b), the affected agency shall 
issue an unclassified report to the congressional committees of 
jurisdiction (with a classified annex if necessary), detailing the 
circumstances of the agency's security clearance suspension, 
revocation, other determination, or access determination. A report 
under this paragraph shall include any proposed agency action with 
regard to the security clearance or access determination.
    ``(c) An allegation that a security clearance or access 
determination was revoked or suspended in retaliation for a protected 
disclosure shall receive expedited review by the Office of Special 
Counsel, the Merit Systems Protection Board, and any reviewing court.
    ``(d) For purposes of this section, corrective action may not be 
ordered if the agency demonstrates by a preponderance of the evidence 
that it would have taken the same personnel action in the absence of 
such disclosure.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 77 of title 5, United States Code, is 
        amended by inserting after the item relating to section 7702 
        the following:

``7702a. Actions relating to security clearances.''.
    (k) Prohibited Personnel Practices Affecting the Transportation 
Security Administration.--
            (1) In general.--Chapter 23 of title 5, United States Code, 
        is amended--
                    (A) by redesignating sections 2304 and 2305 as 
                sections 2305 and 2306, respectively; and
                    (B) by inserting after section 2303 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.''.
            (2) Technical and conforming 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:

``Sec. 2304. Prohibited personnel practices affecting the 
                            Transportation Security Administration.
``Sec. 2305. Responsibility of the Government Accountability Office.
``Sec. 2306. Coordination with certain other provisions of law.''.
            (3) Effective date.--The amendments made by this section 
        shall take effect on the date of enactment of this section.
    (l) Disclosure of Censorship Related to Research, Analysis, or 
Technical Information.--
            (1) Definitions.--In this section--
                    (A) the term ``applicant'' means an applicant for a 
                covered position;
                    (B) the term ``censorship related to research, 
                analysis, or technical information'' means any effort 
                to alter, misrepresent, or suppress research, analysis, 
                or technical information;
                    (C) the term ``covered position'' has the meaning 
                given under section 2302(a)(2)(B) of title 5, United 
                States Code;
                    (D) the term ``employee'' means an employee in a 
                covered position; and
                    (E) the term ``disclosure'' has the meaning given 
                under section 2302(a)(2)(D) of title 5, United States 
                Code.
            (2) Protected disclosure.--
                    (A) In general.--Any disclosure of information by 
                an employee or applicant for employment that the 
                employee or applicant reasonably believes is evidence 
                of censorship related to research, analysis, or 
                technical information shall come within the protections 
                of section 2302(b)(8)(A) of title 5, United States 
                Code, if--
                            (i) the employee or applicant reasonably 
                        believes that the censorship related to 
                        research, analysis, or technical information is 
                        or will cause--
                                    (I) any violation of 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;
                            (ii) the disclosure and information satisfy 
                        the conditions stated in the matter following 
                        clause (ii) of section 2302(b)(8)(A) of title 
                        5, United States Code; and
                            (iii) shall come within the protections of 
                        section 2302(b)(8)(B) of title 5, United States 
                        Code, if--
                                    (I) the conditions under clause (i) 
                                of this subparagraph are satisfied; and
                                    (II) the disclosure is made to an 
                                individual referred to in the matter 
                                preceding clause (i) of section 
                                2302(b)(8)(B) of title 5, United States 
                                Code, for the receipt of disclosures.
                    (B) Application.--Paragraph (1) shall apply to any 
                disclosure of information by an employee or applicant 
                without restriction to time, place, form, motive, 
                context, forum, 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.
                    (C) Rule of construction.--Nothing in this section 
                shall be construed to imply any limitation on the 
                protections of employees and applicants afforded by any 
                other provision of law, including protections with 
                respect to any disclosure of information believed to be 
                evidence of censorship related to research, analysis, 
                or technical information.
    (m) Clarification of Whistleblower Rights for Critical 
Infrastructure Information.--Section 214(c) of the Homeland Security 
Act of 2002 (6 U.S.C. 133(c)) is amended by adding at the end the 
following: ``For purposes of this section a permissible use of 
independently obtained information includes the disclosure of such 
information under section 2302(b)(8) of title 5, United States Code.''.
    (n) Advising Employees of Rights.--Section 2302(c) of title 5, 
United States Code, is amended by inserting ``, including how to make a 
lawful disclosure of information that is specifically required by law 
or Executive order to be kept secret in the interest of national 
defense or the conduct of foreign affairs to the Special Counsel, the 
Inspector General of an agency, Congress, or other agency employee 
designated to receive such disclosures'' after ``chapter 12 of this 
title''.
    (o) Special Counsel Amicus Curiae Appearance.--Section 1212 of 
title 5, United States Code, is amended by adding at the end the 
following:
    ``(h)(1) The Special Counsel is authorized to appear as amicus 
curiae in any action brought in a court of the United States related to 
any civil action brought in connection with section 2302(b) (8) or (9), 
or subchapter III of chapter 73, or as otherwise authorized by law. In 
any such action, the Special Counsel is authorized to present the views 
of the Special Counsel with respect to compliance with section 2302(b) 
(8) or (9) or subchapter III of chapter 73 and the impact court 
decisions would have on the enforcement of such provisions of law.
    ``(2) A court of the United States shall grant the application of 
the Special Counsel to appear in any such action for the purposes 
described in subsection (a).''.
    (p) Scope of Due Process.--
            (1) Special counsel.--Section 1214(b)(4)(B)(ii) of title 5, 
        United States Code, is amended by inserting ``, after a finding 
        that a protected disclosure was a contributing factor,'' after 
        ``ordered if''.
            (2) Individual action.--Section 1221(e)(2) of title 5, 
        United States Code, is amended by inserting ``, after a finding 
        that a protected disclosure was a contributing factor,'' after 
        ``ordered if''.
    (q) Nondisclosure Policies, Forms, and Agreements.--
            (1) In general.--
                    (A) Requirement.--Each agreement in Standard Forms 
                312 and 4414 of the Government and any other 
                nondisclosure policy, form, or agreement of the 
                Government shall contain the following statement: 
                ``These restrictions 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 
                disclosure 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 et seq.) (governing disclosures that could 
                expose confidential Government agents); and 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)). 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.''.
                    (B) Enforceability.--Any nondisclosure policy, 
                form, or agreement described under subparagraph (A) 
                that does not contain the statement required under 
                subparagraph (A) may not be implemented or enforced to 
                the extent such policy, form, or agreement is 
                inconsistent with that statement.
            (2) Persons other than government employees.--
        Notwithstanding paragraph (1), a nondisclosure policy, form, or 
        agreement that is to be executed by a person connected with the 
        conduct of an intelligence or intelligence-related activity, 
        other than an employee or officer of the United States 
        Government, may contain provisions appropriate to the 
        particular activity for which such document is to be used. Such 
        form or agreement shall, at a minimum, require that the person 
        will not disclose any classified information received in the 
        course of such activity unless specifically authorized to do so 
        by the United States Government. Such nondisclosure forms shall 
        also make it clear that such forms do not bar disclosures to 
        Congress or to an authorized official of an executive agency or 
        the Department of Justice that are essential to reporting a 
        substantial violation of law.
    (r) Reporting Requirements.--
            (1) Government accountability office.--
                    (A) In general.--
                            (i) Report.--Not later than 40 months after 
                        the date of enactment of this Act, the 
                        Comptroller General shall submit a report to 
                        the Committee on Homeland Security and 
                        Governmental Affairs of the Senate and the 
                        Committee on Oversight and Government Reform of 
                        the House of Representatives on the 
                        implementation of this Act.
                            (ii) Contents.--The report under this 
                        paragraph shall include--
                                    (I) an analysis of any changes in 
                                the number of cases filed with the 
                                United States Merit Systems Protection 
                                Board alleging violations of section 
                                2302(b)(8) or (9) of title 5, United 
                                States Code, since the effective date 
                                of the Act;
                                    (II) the outcome of the cases 
                                described under clause (i), including 
                                whether or not the United States Merit 
                                Systems Protection Board, the Federal 
                                Circuit Court of Appeals, or any other 
                                court determined the allegations to be 
                                frivolous or malicious; and
                                    (III) any other matter as 
                                determined by the Comptroller General.
                    (B) Study on revocation of security clearances.--
                            (i) Study.--The Comptroller General shall 
                        conduct a study of security clearance 
                        revocations of Federal employees at a select 
                        sample of executive branch agencies. The study 
                        shall consist of an examination of the number 
                        of security clearances revoked, the process 
                        employed by each agency in revoking a 
                        clearance, the pay and employment status of 
                        agency employees during the revocation process, 
                        how often such revocations result in 
                        termination of employment or reassignment, how 
                        often such revocations are based on an improper 
                        disclosure of information, and such other 
                        factors the Comptroller General deems 
                        appropriate.
                            (ii) Report.--Not later than 18 months 
                        after the date of enactment of this Act, the 
                        Comptroller General shall submit to the 
                        Committee on Homeland Security and Governmental 
                        Affairs of the Senate and the Committee on 
                        Oversight and Government Reform of the House of 
                        Representatives a report on the results of the 
                        study required under this subparagraph.
            (2) Merit systems protection board.--
                    (A) In general.--Each report submitted annually by 
                the Merit Systems Protection Board under section 1116 
                of title 31, United States Code, shall, with respect to 
                the period covered by such report, include as an 
                addendum the following:
                            (i) Information relating to the outcome of 
                        cases decided during the applicable year of the 
                        report in which violations of section 
                        2302(b)(8) or (9) of title 5, United States 
                        Code, were alleged.
                            (ii) The number of such cases filed in the 
                        regional and field offices, the number of 
                        petitions for review filed in such cases, and 
                        the outcomes of such cases.
                    (B) First report.--The first report described under 
                subparagraph (A) submitted after the date of enactment 
                of this Act shall include an addendum required under 
                that subparagraph that covers the period beginning on 
                January 1, 2009 through the end of the fiscal year 
                2009.
    (s) Effective Date.--This Act shall take effect 30 days after the 
date of enactment of this Act.
                                 <all>