IB Union Calendar No. 504 112th CONGRESS 2d Session H. R. 3289 [Report No. 112–508, Part I] IN THE HOUSE OF REPRESENTATIVES November 1, 2011 Mr. Issa (for himself, Mr. Cummings, Mr. Platts, and Mr. Van Hollen) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Select Committee on Intelligence (Permanent Select) and Homeland Security, 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 May 30, 2012 Reported from the Committee on Oversight and Government Reform with amendments Omit the part struck through and insert the part printed in italic May 30, 2012 Referral to the Select Committee on Intelligence (Permanent Select) and Homeland Security extended for a period ending not later than October 1, 2012 October 1, 2012 Additional sponsors: Mr. Gosar and Mr. Pearce October 1, 2012 The Committees on Select Committee on Intelligence (Permanent Select) and Homeland Security 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 provide clarification relating to disclosures of information protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements that such policies, forms, and agreements are in conformance with certain protections; to provide certain additional authorities to the Office of Special Counsel; and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Whistleblower Protection Enhancement Act of 2011 Platts-Van Hollen Whistleblower Protection Enhancement Act of 2011. (b)

Table of contents

The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Protection of certain disclosures of information by Federal employees Sec. 101. Clarification of disclosures covered. Sec. 102. Disclosure defined. Sec. 103. Rebuttable presumption. Sec. 104. Personnel actions and prohibited personnel practices. Sec. 105. Exclusion of agencies by the President. Sec. 106. Disciplinary action. Sec. 107. Remedies. Sec. 108. Judicial review. Sec. 109. Prohibited personnel practices affecting the Transportation Security Administration. Sec. 110. Disclosure of censorship related to research, analysis, or technical information. Sec. 111. Clarification of whistleblower rights for critical infrastructure information. Sec. 112. Advising employees of rights. Sec. 113. Special Counsel amicus curiae appearance. Sec. 114. Scope of due process. Sec. 115. Nondisclosure policies, forms, and agreements. Sec. 116. Reporting requirements. Sec. 117. Alternative review. Sec. 118. Merit Systems Protection Board summary judgment. Sec. 119. Disclosures of classified information. Sec. 120. Whistleblower protection ombudsman. Sec. 121. Pilot program for enhancement of contractor employee whistleblower protections. Sec. 122. Study. Title II—Intelligence community whistleblower protections Sec. 201. Protection of intelligence community whistleblowers. Sec. 202. Review of security clearance or access determinations. Sec. 203. Revisions relating to the Intelligence Community Whistleblower Protection Act. Sec. 204. Regulations; reporting requirements; nonapplicability to certain terminations. Title III—Effective date; savings provision Sec. 301. Effective date. Sec. 302. Savings provision.

October 1, 2012 The Committees on Select Committee on Intelligence (Permanent Select) and Homeland Security discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed