‘‘(7)(A) Any decision of the Board or an administra-
tive law judge or other employee of the Board designated 
to hear the case to grant or deny a certification described 
under paragraph (5)(C)(ii) shall be reviewed on appeal of 
a final order or decision of the Board under section 7703 
only if— 
‘‘(i) a motion requesting a certification was de-
nied; and 
‘‘(ii) the reviewing court vacates the decision of 
the Board on the merits of the claim under the 
standards set forth in section 7703(c). 
‘‘(B) The decision to deny the certification shall be 
overturned by the reviewing court, and an order granting 
certification shall be issued by the reviewing court, if such 
decision is found to be arbitrary, capricious, or an abuse 
of discretion. 
‘‘(C) The reviewing court’s decision shall not be con-
sidered evidence of any determination by the Board, any 
administrative law judge appointed by the Board under 
section 3105, or any employee of the Board designated 
by the Board on the merits of the underlying allegations 
during the course of any action at law or equity for de 
novo review in the appropriate United States district court 
in accordance with this subsection. 
‘‘(8) In any action filed under this subsection— 
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‘‘(A) the appropriate United States district 
court shall have jurisdiction without regard to the 
amount in controversy; 
‘‘(B) the court— 
‘‘(i) subject to clause (iii), shall apply the 
standards set forth in subsection (e); and 
‘‘(ii) may award any relief which the court 
considers appropriate under subsection (g), ex-
cept that— 
‘‘(I) relief for compensatory damages 
may not exceed $300,000; and 
‘‘(II) relief may not include punitive 
damages; and 
‘‘(iii) notwithstanding subsection (e)(2), 
may not order relief if the agency demonstrates 
by clear and convincing evidence that the agen-
cy would have taken the same personnel action 
in the absence of such disclosure; and 
‘‘(C) the Special Counsel may not represent the 
employee, former employee, or applicant for employ-
ment. 
‘‘(9) A petition to review a final order or final deci-
sion of a United States district court under this subsection 
that raises no challenge to the district court’s disposition 
of allegations of a prohibited personnel practice described 
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in section 2302(b) other than practices described in sec-
tion 2302(b)(8) or subparagraph (A)(i), (B), (C), or (D) 
of section 2302(b)(9) shall be filed in the United States 
Court of Appeals for the District of Columbia Circuit. All 
other petitions to review any final order or final decision 
of a United States district court in an action brought 
under this subsection shall be filed in the United States 
Court of Appeals for the Federal Circuit. Notwithstanding 
any other provision of law, any petition for review under 
this paragraph must be filed within 60 days after the date 
the petitioner received notice of the final order or final 
decision of the United States district court. 
‘‘(10) This subsection applies with respect to any ap-
peal, petition, or other request for corrective action duly 
submitted 
to 
the 
Board, 
whether 
under 
section 
1214(b)(2), the preceding provisions of this section, sec-
tion 7513(d), section 7701, or any otherwise applicable 
provision of law, rule, or regulation.’’. 
SEC. 118. MERIT SYSTEMS PROTECTION BOARD SUMMARY 
JUDGMENT. 
Section 1204(b) of title 5, United States Code, is 
amended— 
(1) by redesignating paragraph (3) as para-
graph (4); 
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(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) With respect to a request for corrective action 
based on an alleged prohibited personnel practice de-
scribed in section 2302(b)(8) or subparagraph (A)(i), (B), 
(C), or (D) of section 2302(b)(9) for which the associated 
personnel action is an action covered under section 7512 
or 7542, the Board, any administrative law judge ap-
pointed by the Board under section 3105 TM, section 
3105, or any employee of the Board designated by the 
Board may, with respect to any party, grant a motion for 
summary judgment.’’. 
SEC. 119. DISCLOSURES OF CLASSIFIED INFORMATION. 
(a) PROHIBITED PERSONNEL PRACTICES.—Section 
2302(b)(8) of title 5, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘or’’ after 
the semicolon at the end; 
(2) in subparagraph (B), by adding ‘‘or’’ after 
the semicolon at the end; and 
(3) by adding at the end the following: 
‘‘(C) any communication that complies 
with subsection (a)(1), (d), and (h) of section 
8H of the Inspector General Act of 1978 (5 
U.S.C. App.);’’. 
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(b) INSPECTOR GENERAL ACT OF 1978.—Section 8H 
of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended— 
(1) in subsection (a)(1), by adding at the end 
the following: 
‘‘(D) An employee of any agency, as that term is de-
fined under section 2302(a)(2)(C) of title 5, United States 
Code, who intends to report to Congress a complaint or 
information with respect to an urgent concern may report 
the complaint or information to the Inspector General (or 
designee) of the agency of which that employee is em-
ployed.’’; 
(2) in subsection (c), by striking ‘‘intelligence 
committees’’ and inserting ‘‘appropriate commit-
tees’’; 
(3) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘either 
or both of the intelligence committees’’ and in-
serting ‘‘any of the appropriate committees’’; 
and 
(B) in paragraphs (2) and (3), by striking 
‘‘intelligence committees’’ each place it appears 
and inserting ‘‘appropriate committees’’; and 
(4) in subsection (h)— 
(A) in paragraph (1)— 
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(i) in subparagraph (A), by striking 
‘‘intelligence’’; and 
(ii) in subparagraph (B), by inserting 
‘‘or an activity involving classified informa-
tion’’ after ‘‘an intelligence activity’’; and 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) The term ‘appropriate committees’ means 
the Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Com-
mittee on Intelligence of the Senate, except that, 
with respect to disclosures made by employees de-
scribed in subsection (a)(1)(D), the term ‘appro-
priate committees’ means the committees of appro-
priate jurisdiction.’’. 
SEC. 120. WHISTLEBLOWER PROTECTION OMBUDSMAN. 
(a) IN GENERAL.—Section 3 of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended by striking sub-
section (d) and inserting the following: 
‘‘(d)(1) Each Inspector General shall, in accordance 
with applicable laws and regulations governing the civil 
service— 
‘‘(A) appoint an Assistant Inspector General for 
Auditing, who shall have the responsibility for super-
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vising the performance of auditing activities relating 
to programs and operations of the establishment; 
‘‘(B) appoint an Assistant Inspector General for 
Investigations, who shall have the responsibility for 
supervising the performance of investigative activi-
ties relating to such programs and operations; and 
‘‘(C) designate a Whistleblower Protection Om-
budsman, who shall educate agency employees— 
‘‘(i) about prohibitions on retaliation for 
protected disclosures; and 
‘‘(ii) who have made or are contemplating 
making a protected disclosure about the rights 
and remedies against retaliation for protected 
disclosures. 
‘‘(2) The Whistleblower Protection Ombudsman shall 
not act as a legal representative, agent, or advocate of the 
employee or former employee. 
‘‘(3) For the purposes of this section, the requirement 
of the designation of a Whistleblower Protection Ombuds-
man under paragraph (1)(C) shall not apply to— 
‘‘(A) any agency that is an element of the intel-
ligence community (as defined in section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4))); 
or 
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‘‘(B) as determined by the President, any exec-
utive agency or unit thereof the principal function of 
which is the conduct of foreign intelligence or 
counter intelligence activities.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 8D(j) of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended— 
(1) by striking ‘‘section 3(d)(1)’’ and inserting 
‘‘section 3(d)(1)(A)’’; and 
(2) by striking ‘‘section 3(d)(2)’’ and inserting 
‘‘section 3(d)(1)(B)’’. 
SEC. 121. PILOT PROGRAM FOR ENHANCEMENT OF CON-
TRACTOR EMPLOYEE WHISTLEBLOWER PRO-
TECTIONS. 
(a) PILOT PROGRAM.— 
(1) IN
GENERAL.—Chapter 47 of title 41, 
United States Code, is amended by inserting after 
section 4705 the following new section: 
‘‘§ 4705a. Pilot program for enhancement of protec-
tion of contractor employees from re-
prisal for disclosure of certain informa-
tion 
‘‘(a) DEFINITIONS.—In this section: 
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‘‘(1) CONTRACT.—The term ‘contract’ means a 
contract awarded by the head of an executive agen-
cy. 
‘‘(2) 
CONTRACTOR.—The 
term 
‘contractor’ 
means a person awarded a contract or a grant with 
an executive agency. 
‘‘(3) INSPECTOR GENERAL.—The term ‘Inspec-
tor General’ means an Inspector General appointed 
under the Inspector General Act of 1978 (5 U.S.C. 
App.) and any Inspector General that receives fund-
ing from, or has oversight over contracts awarded 
for or on behalf of, an executive agency. 
‘‘(b) PROHIBITION OF REPRISALS.—An employee of 
a contractor may not be discharged, demoted, or otherwise 
discriminated against as a reprisal for disclosing to a 
Member of Congress, a representative of a committee of 
Congress, an Inspector General, the Government Account-
ability Office, an agency employee responsible for contract 
oversight or management, an authorized official of an ex-
ecutive agency or the Department of Justice information 
that the employee reasonably believes is evidence of gross 
mismanagement of a contract or grant, a gross waste of 
agency funds, a substantial and specific danger to public 
health or safety, or a violation of a law related to a con-
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tract (including the competition for or negotiation of a 
contract) or grant. 
‘‘(c) INVESTIGATION OF COMPLAINTS.— 
‘‘(1) INVESTIGATION.—An individual who be-
lieves that the individual has been subjected to a re-
prisal prohibited by subsection (b) may submit a 
complaint to the Inspector General of the executive 
agency. Unless the Inspector General determines 
that the complaint is frivolous, the Inspector General 
shall investigate the complaint and, on completion of 
the investigation, submit a report of the findings of 
the investigation to the individual, the contractor 
concerned, and the head of the agency. If the execu-
tive agency does not have an Inspector General, the 
duties of the Inspector General under this section 
shall be performed by an official designated by the 
head of the executive agency. 
‘‘(2) DEADLINE.—(A) Except as provided 
under subparagraph (B), the Inspector General shall 
make a determination that a complaint is frivolous 
or submit a report under paragraph (1) within 180 
days after receiving the complaint. 
‘‘(B) If the Inspector General is unable to com-
plete an investigation in time to submit a report 
within the 180-day period specified in subparagraph 
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(A) and the person submitting the complaint agrees 
to an extension of time, the Inspector General shall 
submit a report under paragraph (1) within such ad-
ditional period of time as shall be agreed upon be-
tween the Inspector General and the person submit-
ting the complaint. 
‘‘(d) REMEDY AND ENFORCEMENT AUTHORITY.— 
‘‘(1) ACTIONS CONTRACTOR MAY BE ORDERED 
TO TAKE.—Not later than 30 days after receiving an 
Inspector General report pursuant to subsection (c), 
the head of the agency concerned shall determine 
whether there is sufficient basis to conclude that the 
contractor concerned has subjected the complainant 
to a reprisal prohibited by subsection (b) and shall 
either issue an order denying relief or shall take one 
or more of the following actions: 
‘‘(A) ABATEMENT.—Order the contractor 
to take affirmative action to abate the reprisal. 
‘‘(B) REINSTATEMENT.—Order the con-
tractor to reinstate the individual to the posi-
tion that the individual held before the reprisal, 
together with the compensation (including back 
pay), employment benefits, and other terms and 
conditions of employment that would apply to 
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the individual in that position if the reprisal 
had not been taken. 
‘‘(C) PAYMENT.—Order the contractor to 
pay the complainant an amount equal to the 
aggregate amount of all costs and expenses (in-
cluding attorneys’ fees and expert witnesses’ 
fees) that the complainant reasonably incurred 
for, or in connection with, bringing the com-
plaint regarding the reprisal, as determined by 
the head of the executive agency. 
‘‘(2) DE NOVO ACTION.—If the head of an exec-
utive agency issues an order denying relief under 
paragraph (1) or has not issued an order within 210 
days after the submission of a complaint under sub-
section (c), or in the case of an extension of time 
under paragraph (c)(2)(B), not later than 30 days 
after the expiration of the extension of time, 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 all administrative rem-
edies with respect to the complaint, and the com-
plainant may bring a de novo action at law or equity 
against the contractor to seek compensatory dam-
ages and other relief available under this section in 
the appropriate district court of the United States, 
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which shall have jurisdiction over such an action 
without regard to the amount in controversy. Such 
an action shall, at the request of either party to the 
action, be tried by the court with a jury. 
‘‘(3) EVIDENCE.—An Inspector General deter-
mination and an agency head order denying relief 
under paragraph (2) shall be admissible in evidence 
in any de novo action at law or equity brought pur-
suant to this subsection. 
‘‘(4) ENFORCEMENT
ORDER.—When a con-
tractor fails to comply with an order issued under 
paragraph (1), the head of the executive agency 
shall file an action for enforcement of the order in 
the United States district court for a district in 
which the reprisal was found to have occurred. In an 
action brought under this paragraph, the court may 
grant appropriate relief, including injunctive relief 
and compensatory and exemplary damages. 
‘‘(5) REVIEW
OF
ENFORCEMENT
ORDER.—A 
person adversely affected or aggrieved by an order 
issued under paragraph (1) may obtain review of the 
order’s conformance with this subsection, and regu-
lations issued to carry out this section, in the United 
States court of appeals for a circuit in which the re-
prisal is alleged in the order to have occurred. A pe-
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tition seeking review must be filed no more than 60 
days after the head of the agency issues the order. 
Review shall conform to chapter 7 of title 5. 
‘‘(e) SCOPE OF SECTION.—This section does not— 
‘‘(1) authorize the discharge of, demotion of, or 
discrimination against an employee for a disclosure 
other than a disclosure protected by subsection (b); 
or 
‘‘(2) modify or derogate from a right or remedy 
otherwise available to the employee. 
‘‘(f) DURATION OF SECTION.—This section shall be 
in effect for the two-year period beginning on the date of 
the enactment of the Whistleblower Protection Enhance-
ment Act of 2011 Platts-Van Hollen Whistleblower Protec-
tion Enhancement Act of 2011.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 47 of title 41, 
United States Code, is amended by inserting after 
the item relating to section 4705 the following new 
item: 
‘‘4705a. Pilot program for enhancement of protection of contractor employees 
from reprisal for disclosure of certain information.’’. 
(b) SUSPENSION OF EFFECTIVENESS OF SECTION 
4705 WHILE PILOT PROGRAM IN EFFECT.—Section 4705 
of title 41, United States Code, is amended by adding at 
the end the following new subsection: 
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‘‘(f) TWO-YEAR SUSPENSION
OF EFFECTIVENESS 
WHILE PILOT PROGRAM
IN EFFECT.—While section 
4705a of this title is in effect, this section shall not be 
in effect.’’. 
(c) GOVERNMENT ACCOUNTABILITY OFFICE STUDY 
AND REPORT.— 
(1) STUDY.—Not later than one year after the 
date of the enactment of this Act, the Comptroller 
General shall begin conducting a study to evaluate 
the implementation of section 4705a of title 41, 
United States Code, as added by subsection (a). 
(2) REPORT.—Not later than 18 months after 
the date of the enactment of this Act, the Comp-
troller General shall submit to Congress a report on 
the results of the study required by paragraph (1), 
with such findings and recommendations as the 
Comptroller General considers appropriate. 
SEC. 122. STUDY. 
(a) IN GENERAL.—The Government Accountability 
Office shall study and, not later than 1 year after the date 
of enactment of this Act, submit to the appropriate commit-
tees of Congress a report on whistleblower hotlines of Fed-
eral agencies. Such study and report shall address the fol-
lowing: 
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(1) The days and hours the hotline is staffed by 
trained personnel. 
(2) The level of training which operators who are 
designated to receive calls for the hotline possess, in-
cluding academic credentials and additional training. 
(3) Whether the hotline is staffed by sufficient 
personnel. 
(4) Whether the hotline is operated in a manner 
consistent with the requirements established by the 
Sarbanes-Oxley Act of 2002 relating to whistleblower 
protections which apply with respect to publicly trad-
ed companies. 
(5) Whether the hotline is operated independent 
of conflicts of interest. 
(6) Whether the hotline is accessible through mul-
tiple methods of communication, such as electronic 
mail, personal interview, and confidential mail de-
posit. 
(7) Whether sufficient protections from retalia-
tion are provided for employees reporting illegal or 
unethical conduct or behavior. 
(8) Whether the hotline is operated in a manner 
that ensures sufficient confidentiality of disclosures 
made using such hotline. 
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(9) Whether employees of the agency are encour-
aged and made aware of their ability to submit dis-
closures of perceived misconduct that they reasonably 
believe evidence a violation of law, rule, or regulation, 
gross waste, gross mismanagement, abuse of author-
ity, or a substantial and specific violation of public 
health or safety. 
(10) Any other issues which the Government Ac-
countability Office may determine. 
(b) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘appropriate committees of Con-
gress’’ means the Committee on Oversight and Gov-
ernment Reform of the House of Representatives and 
the Committee on Homeland Security and Govern-
mental Affairs of the Senate; and 
(2) the term ‘‘Federal agency’’ means an agency, 
as defined by section 2302(a)(2)(C) of title 5, United 
States Code. 
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