[House Report 115-342]
[From the U.S. Government Publishing Office]


115th Congress   }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {     115-342

======================================================================



 
   TO AMEND TITLE 5, UNITED STATES CODE, TO ALLOW WHISTLEBLOWERS TO 
               DISCLOSE INFORMATION TO CERTAIN RECIPIENTS

                                _______
                                

October 10, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Gowdy, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2196]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 2196) to amend title 5, United 
States Code, to allow whistleblowers to disclose information to 
certain recipients, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     3
Explanation of Amendments........................................     3
Committee Consideration..........................................     4
Roll Call Votes..................................................     4
Application of Law to the Legislative Branch.....................     4
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     4
Statement of General Performance Goals and Objectives............     4
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     4
Federal Advisory Committee Act...................................     4
Unfunded Mandates Statement......................................     5
Earmark Identification...........................................     5
Committee Estimate...............................................     5
Budget Authority and Congressional Budget Office Cost Estimate...     5
Changes in Existing Law Made by the Bill, as Reported............     6

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 2196 amends Title 5 to protect classified 
whistleblower disclosures to the inspector general of an 
agency, supervisors in an employee's chain of command, the 
Director of National Intelligence, or the Inspector General of 
the Intelligence Community.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Civil Service Reform Act of 1978 (CSRA) created a dual 
system of protecting from reprisal those who make whistleblower 
disclosures. It established broad protections for disclosures 
``not specifically required by Executive order to be kept 
secret in the interest of national defense or the conduct of 
foreign affairs. . . .''\1\ The law protected disclosures 
meeting all other requisite requirements if made to the Office 
of Special Counsel (OSC), the Inspector General of an agency, 
or another employee designated by the head of the agency.\2\
---------------------------------------------------------------------------
    \1\Pub. L. No. 95-454 Sec. 101, 92 Stat. 1111, 1116 (codified at 5 
U.S.C. Sec. 2302(b)(8)(A)).
    \2\5 U.S.C. 2302(b)(8)(B).
---------------------------------------------------------------------------
    H.R. 2196 would update the CSRA to protect disclosures of 
classified information to supervisors for agencies that fall 
within OSC's jurisdiction. This reflects a consensus that has 
emerged in recent years on the important public policy reasons 
for protecting disclosures to supervisors. Some recent reports 
have addressed this need. According to an April 2014 report 
from the Department of Justice:

          In OSC's view, whistleblower protection laws are most 
        productive at encouraging the disclosure of wrongdoing, 
        and therefore at making the government more efficient, 
        if protections extend to the employee's specific work 
        site, where most government inefficiencies occur and 
        can be eliminated.\3\
---------------------------------------------------------------------------
    \3\Dep't of Justice, Department of Justice Report on Regulations 
Protecting FBI Whistleblowers 13-14 (Apr. 2014).

    A Government Accountability Office report issued in January 
2015 noted ``employees who initially raise a concern to their 
supervisors not expecting that this action would ever be a 
whistleblower disclosure.''\4\ The report continued:
---------------------------------------------------------------------------
    \4\Gov't Accountability Office, GAO-15-112, Whistleblower 
Protection: Additional Actions Needed to Improve DOJ's Handling of FBI 
Retaliation Complaints 19 (Jan. 2015).

          [I]t is common practice for employees to report 
        wrongdoing to their supervisors before reporting it to 
        a more senior official. . . . [I]t is typical for 
        employees who become aware of a problem to report it to 
        their supervisors, expecting to resolve the issue at 
        that level.\5\
---------------------------------------------------------------------------
    \5\Id.

    Reflecting these considerations, the FBI Whistleblower 
Protection Enhancement Act of 2016 updated the CSRA to protect 
Federal Bureau of Investigation employee disclosures ``to a 
supervisor in the direct chain of command of the employee, up 
to and including the head of the employing agency,'' as well as 
to the Inspector General, to the Office of Special Counsel, and 
to others.\6\ In the 114th Congress, the House passed this bill 
by a vote of 404-0, and the Senate approved it by voice vote.
---------------------------------------------------------------------------
    \6\Pub. L. No. 114-302 Sec. 2, 130 Stat. 1516, 1516 (codified at 5 
U.S.C. Sec. 2303(a)(1)).
---------------------------------------------------------------------------
    The public policy rationales for protecting disclosures to 
supervisors are particularly applicable for disclosures in the 
national security context because the government has an 
interest in perceived problems involving classified information 
being resolved within the management chain.
    H.R. 2196 is modeled on Presidential Policy Directive 19 
(PPD-19), issued by the President on October 10, 2012. That 
directive prohibited the use of personnel actions or actions 
affecting eligibility for access to classified information, 
such as security clearance determinations, to retaliate for 
protected disclosures.\7\ Section (F)(5)(a) defined a 
``protected disclosure'' as the following:
---------------------------------------------------------------------------
    \7\Pres. Policy Directive 19 (Oct. 10, 2012).

          [A] disclosure of information by the employee to a 
        supervisor in the employee's direct chain of command up 
        to and including the head of the employing agency, to 
        the Inspector General of the employing agency or 
        Intelligence Community Element, to the Director of 
        National Intelligence, to the Inspector General of the 
        Intelligence Community, or to an employee designated by 
        any of the above officials for the purpose of receiving 
        such disclosures. . . .\8\
---------------------------------------------------------------------------
    \8\Id. at 7.

    H.R. 2196, in addition to protecting disclosures to 
supervisors, would protect disclosures to the Director of 
National Intelligence or the Inspector General of the 
Intelligence Community.

                          LEGISLATIVE HISTORY

    On April 27, 2017, Representative Steve Russell (R-OK) 
introduced H.R. 2196, with Ranking Member Elijah Cummings (D-
MD) and Representative Steve Lynch (D-MA). Representative Blake 
Farenthold (R-TX) became a cosponsor on May 2, 2017. H.R. 2196 
was referred to the Committee on Oversight and Government 
Reform. The Committee considered H.R. 2196 at a business 
meeting on May 2, 2017, and ordered the bill reported favorably 
by voice vote.

                           Section-by-Section


Section 1. Recipients of whistleblower disclosures

    This section amends section 2302(b)(8)(B) of title 5, 
United States Code, by adding to the list of individuals to 
whom classified disclosures can be made: the inspector general 
of an agency, the Director of National Intelligence, the 
Inspector General of the Intelligence Community, or a 
supervisor in an employee's chain of command up to and 
including the head of the employing agency.

                       Explanation of Amendments

    There were no amendments offered during Committee 
consideration of H.R. 2196.

                        Committee Consideration

    On May 2, 2017, the Committee met in open session and 
ordered reported favorably the bill, H.R. 2196, by voice vote, 
a quorum being present.

                            Roll Call Votes

    There were no roll call votes during consideration of H.R. 
2196.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill amends title 5, United States Code, to allow 
whistleblowers to disclose information to certain recipients. 
As such, this bill does not relate to employment or access to 
public services and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective of this bill is to amend title 5, United 
States Code, to allow whistleblowers to disclose information to 
certain recipients.

                    Duplication of Federal Programs

    In accordance with clause 2(c)(5) of rule XIII no provision 
of this bill establishes or reauthorizes a program of the 
Federal Government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting this bill does not 
direct the completion of any specific rule makings within the 
meaning of section 551 of title 5, United States Code.

                     Federal Advisory Committee Act

    The Committee finds the legislation does not establish or 
authorize the establishment of an advisory committee within the 
definition of Section 5(b) of the appendix to title 5, United 
States Code.

                      Unfunded Mandates Statement

    Pursuant to section 423 of the Congressional Budget and 
Impoundment Control Act (Pub. L. 113-67) the Committee has 
included a letter received from the Congressional Budget Office 
below.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the House of Representatives.

                           Committee Estimate

    Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of 
the House of Representatives, the Committee includes below a 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the House of 
Representatives, the cost estimate prepared by the 
Congressional Budget Office and submitted pursuant to section 
402 of the Congressional Budget Act of 1974 is as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 22, 2017.
Hon. Jason Chaffetz,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2196, a bill to 
amend title 5, United States Code, to allow whistleblowers to 
disclose information to certain recipients.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 2196--A bill to amend title 5, United States Code, to allow 
        whistleblowers to disclose information to certain recipients

    H.R. 2196 would amend the Whistleblower Protection Act 
(WPA) to extend protections to disclosures of classified 
information to any supervisor in an employee's chain of 
command. Under current law, only disclosures to a direct 
supervisor are protected.
    The Merit Systems Protection Board (MSPB) hears claims 
against federal agencies brought by whistleblowers. Expanding 
the scope of the protections to include additional supervisors 
could increase the number of such hearings and any related 
costs (such as those related to job restoration, back pay, 
reimbursement of attorneys' fees, and medical costs). However, 
based on information from the MSPB and the Office of Special 
Counsel about the likely number of additional cases under the 
bill, CBO expects that additional cases dealing with 
disclosures of classified information would be very limited in 
number. Thus, CBO estimates that implementing H.R. 2196 would 
have no significant cost.
    Enacting the legislation could affect direct spending by 
agencies not funded through annual appropriations; therefore, 
pay-as-you-go procedures apply. However, CBO estimates that any 
net increase in spending by those agencies would be negligible. 
Enacting H.R. 2196 would not affect revenues.
    CBO estimates that enacting H.R. 2196 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 2196 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contacts for this estimate are Matthew 
Pickford and William Ma. The estimate was approved by H. Samuel 
Papenfuss, Deputy Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *



PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART A--GENERAL PROVISIONS

           *       *       *       *       *       *       *


CHAPTER 23--MERIT SYSTEM PRINCIPLES

           *       *       *       *       *       *       *



Sec. 2302. Prohibited personnel practices

  (a)(1) For the purpose of this title, ``prohibited personnel 
practice'' means any action described in subsection (b).
  (2) For the purpose of this section--
          (A) ``personnel action'' means--
                  (i) an appointment;
                  (ii) a promotion;
                  (iii) an action under chapter 75 of this 
                title or other disciplinary or corrective 
                action;
                  (iv) a detail, transfer, or reassignment;
                  (v) a reinstatement;
                  (vi) a restoration;
                  (vii) a reemployment;
                  (viii) a performance evaluation under chapter 
                43 of this title or under title 38;
                  (ix) a decision concerning pay, benefits, or 
                awards, or concerning education or training if 
                the education or training may reasonably be 
                expected to lead to an appointment, promotion, 
                performance evaluation, or other action 
                described in this subparagraph;
                  (x) a decision to order psychiatric testing 
                or examination;
                  (xi) the implementation or enforcement of any 
                nondisclosure policy, form, or agreement; and
                  (xii) any other significant change in duties, 
                responsibilities, or working conditions;
        with respect to an employee in, or applicant for, a 
        covered position in an agency, and in the case of an 
        alleged prohibited personnel practice described in 
        subsection (b)(8), an employee or applicant for 
        employment in a Government corporation as defined in 
        section 9101 of title 31;
          (B) ``covered position'' means, with respect to any 
        personnel action, any position in the competitive 
        service, a career appointee position in the Senior 
        Executive Service, or a position in the excepted 
        service, but does not include any position which is, 
        prior to the personnel action--
                  (i) excepted from the competitive service 
                because of its confidential, policy-
                determining, policy-making, or policy-
                advocating character; or
                  (ii) excluded from the coverage of this 
                section by the President based on a 
                determination by the President that it is 
                necessary and warranted by conditions of good 
                administration;
          (C) ``agency'' means an Executive agency and the 
        Government Publishing Office, but does not include--
                  (i) a Government corporation, except in the 
                case of an alleged prohibited personnel 
                practice described under subsection (b)(8) or 
                section 2302(b)(9) (A)(i), (B), (C), or (D);
                  (ii)(I) the Federal Bureau of Investigation, 
                the Central Intelligence Agency, the Defense 
                Intelligence Agency, the National Geospatial-
                Intelligence Agency, the National Security 
                Agency, the Office of the Director of National 
                Intelligence, and the National Reconnaissance 
                Office; 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, 
                provided that the determination be made prior 
                to a personnel action; or
                  (iii) the Government Accountability Office; 
                and
          (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.
  (b) Any employee who has authority to take, direct others to 
take, recommend, or approve any personnel action, shall not, 
with respect to such authority--
          (1) discriminate for or against any employee or 
        applicant for employment--
                  (A) on the basis of race, color, religion, 
                sex, or national origin, as prohibited under 
                section 717 of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e-16);
                  (B) on the basis of age, as prohibited under 
                sections 12 and 15 of the Age Discrimination in 
                Employment Act of 1967 (29 U.S.C. 631, 633a);
                  (C) on the basis of sex, as prohibited under 
                section 6(d) of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 206(d));
                  (D) on the basis of handicapping condition, 
                as prohibited under section 501 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 791); or
                  (E) on the basis of marital status or 
                political affiliation, as prohibited under any 
                law, rule, or regulation;
          (2) solicit or consider any recommendation or 
        statement, oral or written, with respect to any 
        individual who requests or is under consideration for 
        any personnel action unless such recommendation or 
        statement is based on the personal knowledge or records 
        of the person furnishing it and consists of--
                  (A) an evaluation of the work performance, 
                ability, aptitude, or general qualifications of 
                such individual; or
                  (B) an evaluation of the character, loyalty, 
                or suitability of such individual;
          (3) coerce the political activity of any person 
        (including the providing of any political contribution 
        or service), or take any action against any employee or 
        applicant for employment as a reprisal for the refusal 
        of any person to engage in such political activity;
          (4) deceive or willfully obstruct any person with 
        respect to such person's right to compete for 
        employment;
          (5) influence any person to withdraw from competition 
        for any position for the purpose of improving or 
        injuring the prospects of any other person for 
        employment;
          (6) grant any preference or advantage not authorized 
        by law, rule, or regulation to any employee or 
        applicant for employment (including defining the scope 
        or manner of competition or the requirements for any 
        position) for the purpose of improving or injuring the 
        prospects of any particular person for employment;
          (7) appoint, employ, promote, advance, or advocate 
        for appointment, employment, promotion, or advancement, 
        in or to a civilian position any individual who is a 
        relative (as defined in section 3110(a)(3) of this 
        title) of such employee if such position is in the 
        agency in which such employee is serving as a public 
        official (as defined in section 3110(a)(2) of this 
        title) or over which such employee exercises 
        jurisdiction or control as such an official;
          (8) take or fail to take, or threaten to take or fail 
        to take, a personnel action with respect to any 
        employee or applicant for employment because of--
                  (A) any disclosure of information by an 
                employee or applicant which the employee or 
                applicant reasonably believes 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,
                if such disclosure is not specifically 
                prohibited by law and if such information is 
                not specifically required by Executive order to 
                be kept secret in the interest of national 
                defense or the conduct of foreign affairs; or
                  (B) any disclosure to the Special Counsel, 
                [or to the Inspector General of an agency or 
                another employee designated by the head of the 
                agency to receive such disclosures] the 
                Inspector General of an agency, a supervisor in 
                the employee's direct chain of command up to 
                and including the head of the employing agency, 
                the Director of National Intelligence, the 
                Inspector General of the Intelligence 
                Community, or to an employee designated by any 
                of the aforementioned individuals for the 
                purpose of receiving such disclosures, of 
                information which the employee or applicant 
                reasonably believes evidences--
                          (i) any violation (other than a 
                        violation of this section) 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;
          (9) take or fail to take, or threaten to take or fail 
        to take, any personnel action against any employee or 
        applicant for employment because of--
                  (A) the exercise of any appeal, complaint, or 
                grievance right granted by any law, rule, or 
                regulation--
                          (i) with regard to remedying a 
                        violation of paragraph (8); or
                          (ii) other than with regard to 
                        remedying a violation of paragraph (8);
                  (B) testifying for or otherwise lawfully 
                assisting any individual in the exercise of any 
                right referred to in subparagraph (A)(i) or 
                (ii);
                  (C) cooperating with or disclosing 
                information to the Inspector General of an 
                agency, or the Special Counsel, in accordance 
                with applicable provisions of law; or
                  (D) for refusing to obey an order that would 
                require the individual to violate a law;
          (10) discriminate for or against any employee or 
        applicant for employment on the basis of conduct which 
        does not adversely affect the performance of the 
        employee or applicant or the performance of others; 
        except that nothing in this paragraph shall prohibit an 
        agency from taking into account in determining 
        suitability or fitness any conviction of the employee 
        or applicant for any crime under the laws of any State, 
        of the District of Columbia, or of the United States;
          (11)(A) knowingly take, recommend, or approve any 
        personnel action if the taking of such action would 
        violate a veterans' preference requirement; or
          (B) knowingly fail to take, recommend, or approve any 
        personnel action if the failure to take such action 
        would violate a veterans' preference requirement;
          (12) take or fail to take any other personnel action 
        if the taking of or failure to take such action 
        violates any law, rule, or regulation implementing, or 
        directly concerning, the merit system principles 
        contained in section 2301 of this title; or
          (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 existing 
        statute or Executive order relating to (1) classified 
        information, (2) communications to Congress, (3) the 
        reporting to an Inspector General of a violation of any 
        law, rule, or regulation, or mismanagement, a gross 
        waste of funds, an abuse of authority, or a substantial 
        and specific danger to public health or safety, or (4) 
        any other whistleblower protection. The definitions, 
        requirements, obligations, rights, sanctions, and 
        liabilities created by controlling Executive orders and 
        statutory provisions are incorporated into this 
        agreement and are controlling.''.
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), (i) any presumption 
relating to the performance of a duty by an employee whose 
conduct is the subject of a disclosure as defined under 
subsection (a)(2)(D) may be rebutted by substantial evidence, 
and (ii) 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 and readily ascertainable by the employee or applicant 
could reasonably conclude that the actions of the Government 
evidence such violations, mismanagement, waste, abuse, or 
danger.
  (c) The head of each agency shall be responsible for the 
prevention of prohibited personnel practices, for the 
compliance with and enforcement of applicable civil service 
laws, rules, and regulations, and other aspects of personnel 
management, and for ensuring (in consultation with the Office 
of Special Counsel) that agency employees are informed of the 
rights and remedies available to them under this chapter and 
chapter 12 of this title, including how to make a lawful 
disclosure of information that is specifically required by law 
or Executive order to be kept classified 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. Any individual to whom the head of an agency 
delegates authority for personnel management, or for any aspect 
thereof, shall be similarly responsible within the limits of 
the delegation.
  (d) This section shall not be construed to extinguish or 
lessen any effort to achieve equal employment opportunity 
through affirmative action or any right or remedy available to 
any employee or applicant for employment in the civil service 
under--
          (1) section 717 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e-16), prohibiting discrimination on the 
        basis of race, color, religion, sex, or national 
        origin;
          (2) sections 12 and 15 of the Age Discrimination in 
        Employment Act of 1967 (29 U.S.C. 631, 633a), 
        prohibiting discrimination on the basis of age;
          (3) under section 6(d) of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 206(d)), prohibiting 
        discrimination on the basis of sex;
          (4) section 501 of the Rehabilitation Act of 1973 (29 
        U.S.C. 791), prohibiting discrimination on the basis of 
        handicapping condition; or
          (5) the provisions of any law, rule, or regulation 
        prohibiting discrimination on the basis of marital 
        status or political affiliation.
  (e)(1) For the purpose of this section, the term ``veterans' 
preference requirement'' means any of the following provisions 
of law:
          (A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312, 
        3313, 3314, 3315, 3316, 3317(b), 3318, 3320, 3351, 
        3352, 3363, 3501, 3502(b), 3504, and 4303(e) and (with 
        respect to a preference eligible referred to in section 
        7511(a)(1)(B)) subchapter II of chapter 75 and section 
        7701.
          (B) Sections 943(c)(2) and 1784(c) of title 10.
          (C) Section 1308(b) of the Alaska National Interest 
        Lands Conservation Act.
          (D) Section 301(c) of the Foreign Service Act of 
        1980.
          (E) Sections 106(f), 7281(e), and 7802(5) of title 
        38.
          (F) Section 1005(a) of title 39.
          (G) Any other provision of law that the Director of 
        the Office of Personnel Management designates in 
        regulations as being a veterans' preference requirement 
        for the purposes of this subsection.
          (H) Any regulation prescribed under subsection (b) or 
        (c) of section 1302 and any other regulation that 
        implements a provision of law referred to in any of the 
        preceding subparagraphs.
  (2) Notwithstanding any other provision of this title, no 
authority to order corrective action shall be available in 
connection with a prohibited personnel practice described in 
subsection (b)(11). Nothing in this paragraph shall be 
considered to affect any authority under section 1215 (relating 
to disciplinary action).
  (f)(1) A disclosure shall not be excluded from subsection 
(b)(8) because--
          (A) the disclosure was made to a supervisor or to a 
        person who participated in an activity that the 
        employee or applicant reasonably believed to be covered 
        by subsection (b)(8)(A)(i) and (ii);
          (B) the disclosure revealed information that had been 
        previously disclosed;
          (C) of the employee's or applicant's motive for 
        making the disclosure;
          (D) the disclosure was not made in writing;
          (E) the disclosure was made while the employee was 
        off duty; or
          (F) of the amount of time which has passed since the 
        occurrence of the events described in the disclosure.
  (2) If a disclosure is made during the normal course of 
duties of an employee, the disclosure shall not be excluded 
from subsection (b)(8) if any employee who has authority to 
take, direct others to take, recommend, or approve any 
personnel action with respect to the employee making the 
disclosure, took, failed to take, or threatened to take or fail 
to take a personnel action with respect to that employee in 
reprisal for the disclosure.

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