Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Whistleblower Protection Enhancement Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Clarification of disclosures covered. 
Sec. 3. Definitional amendments. 
Sec. 4. Rebuttable presumption. 
Sec. 5. Nondisclosure policies, forms, and agreements. 
Sec. 6. Exclusion of agencies by the President. 
Sec. 7. Disciplinary action. 
Sec. 8. Government Accountability Office study on revocation of security clear-
ances. 
Sec. 9. Alternative recourse. 
Sec. 10. National security whistleblower rights. 
Sec. 11. Enhancement of contractor employee whistleblower protections. 
Sec. 12. Prohibited personnel practices affecting the Transportation Security 
Administration. 
Sec. 13. Clarification of whistleblower rights relating to scientific and other re-
search. 
Sec. 14. Effective date.
SEC. 2. CLARIFICATION OF DISCLOSURES COVERED. 
(a) IN GENERAL.—Section 2302(b)(8) of title 5, 
United States Code, is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘which the employee or ap-
plicant reasonably believes evidences’’ and in-
serting ‘‘, without restriction as to time, place, 
form, motive, context, forum, or prior disclosure 
made to any person by an employee or appli-
cant, including a disclosure made in the ordi-
nary course of an employee’s duties, that the 
employee or applicant reasonably believes is evi-
dence of’’; and 
(B) in clause (i), by striking ‘‘a violation’’ 
and inserting ‘‘any violation’’; and 
(2) in subparagraph (B)—
(A) by striking ‘‘which the employee or ap-
plicant reasonably believes evidences’’ and in-
serting ‘‘, without restriction as to time, place, 
form, motive, context, forum, or prior disclosure 
made to any person by an employee or appli-
cant, including a disclosure made in the ordi-
nary course of an employee’s duties, of informa-
tion that the employee or applicant reasonably 
believes is evidence of’’; and 
(B) in clause (i), by striking ‘‘a violation’’ 
and inserting ‘‘any violation (other than a viola-
tion of this section)’’. 
(b) PROHIBITED PERSONNEL PRACTICES UNDER 
SECTION 2302(b)(9).—Title 5, United States Code, is 
amended in subsections (a)(3), (b)(4)(A), and (b)(4)(B)(i) 
of section 1214 and in subsections (a) and (e)(1) of sec-
tion 1221 by inserting ‘‘or 2302(b)(9)(B)–(D)’’ after ‘‘sec-
tion 2302(b)(8)’’ each place it appears.
SEC. 3. DEFINITIONAL AMENDMENTS. 
(a) DISCLOSURE.—Section 2302(a)(2) of title 5, 
United States Code, is amended—
(1) in subparagraph (B)(ii), by striking ‘‘and’’ 
at the end; 
(2) in subparagraph (C)(iii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(D) ‘disclosure’ means a formal or informal 
communication, but does not include a communica-
tion concerning policy decisions that lawfully exer-
cise discretionary authority unless the employee or 
applicant providing the disclosure reasonably believes 
that the disclosure evidences—
‘‘(i) any violation of any law, rule, or regu-
lation; 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) 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 con-
vincing evidence’ means evidence indicating that the mat-
ter to be proved is highly probable or reasonably certain.’’.
SEC. 4. REBUTTABLE PRESUMPTION. 
Section 2302(b) of title 5, United States Code, is 
amended by adding at the end the following: ‘‘For pur-
poses of paragraph (8), any presumption relating to the 
performance of a duty by an employee who has authority 
to take, direct others to take, recommend, or approve any 
personnel action may be rebutted by substantial evidence. 
For purposes of paragraph (8), a determination as to 
whether an employee or applicant reasonably believes that 
such employee or applicant has disclosed information that 
evidences any violation of law, rule, regulation, gross mis-
management, a gross waste of funds, an abuse of author-
ity, or a substantial and specific danger to public health 
or safety shall be made by determining whether a disin-
terested observer with knowledge of the essential facts 
known to or readily ascertainable by the employee or appli-
cant could reasonably conclude that the actions of the 
Government evidence such violations, mismanagement, 
waste, abuse, or danger.’’. 
SEC. 5. NONDISCLOSURE POLICIES, FORMS, AND AGREE-
MENTS. 
(a) PERSONNEL ACTION.—Section 2302(a)(2)(A) of 
title 5, United States Code, is amended—
(1) in clause (x), by striking ‘‘and’’ at the end; 
(2) by redesignating clause (xi) as clause (xii); 
and
(3) by inserting after clause (x) the following: 
‘‘(xi) the implementation or enforcement of 
any nondisclosure policy, form, or agreement; 
and’’. 
(b) PROHIBITED PERSONNEL PRACTICE.—Section 
2302(b) of title 5, United States Code, is amended—
(1) in paragraph (11), by striking ‘‘or’’ at the 
end; 
(2) by redesignating paragraph (12) as para-
graph (14); and 
(3) by inserting after paragraph (11) the fol-
lowing: 
‘‘(12) implement or enforce any nondisclosure 
policy, form, or agreement, if such policy, form, or 
agreement does not contain the following statement: 
‘These provisions are consistent with and do not su-
persede, conflict with, or otherwise alter the em-
ployee obligations, rights, or liabilities created by 
Executive Order No. 12958; section 7211 of title 5, 
United States Code (governing disclosures to Con-
gress); section 1034 of title 10, United States Code 
(governing disclosures to Congress by members of 
the military); section 2302(b)(8) of title 5, United 
States Code (governing disclosures of illegality, 
waste, fraud, abuse, or public health or safety
threats); the Intelligence Identities Protection Act of 
1982 (50 U.S.C. 421 and following) (governing dis-
closures that could expose confidential Government 
agents); and the statutes which protect against dis-
closures that could compromise national security, in-
cluding sections 641, 793, 794, 798, and 952 of title 
18, United States Code, and section 4(b) of the Sub-
versive Activities Control Act of 1950 (50 U.S.C. 
783(b)). The definitions, requirements, obligations, 
rights, sanctions, and liabilities created by such Ex-
ecutive order and such statutory provisions are in-
corporated into this agreement and are controlling.’; 
‘‘(13) conduct, or cause to be conducted, an in-
vestigation, other than any ministerial or nondis-
cretionary factfinding activities necessary for the 
agency to perform its mission, of an employee or ap-
plicant for employment because of any activity pro-
tected under this section; or’’. 
SEC. 6. EXCLUSION OF AGENCIES BY THE PRESIDENT. 
Section 2302(a)(2)(C) of title 5, United States Code, 
is amended by striking clause (ii) and inserting the fol-
lowing: 
‘‘(ii)(I) the Federal Bureau of Investiga-
tion, the Central Intelligence Agency, the De-
fense 
Intelligence 
Agency, 
the 
National
Geospatial-Intelligence Agency, or the National 
Security Agency; or 
‘‘(II) as determined by the President, any 
Executive agency or unit thereof the principal 
function of which is the conduct of foreign in-
telligence or counterintelligence activities, if the 
determination (as that determination relates to 
a personnel action) is made before that per-
sonnel action; or’’. 
SEC. 7. DISCIPLINARY ACTION. 
Section 1215(a)(3) of title 5, United States Code, is 
amended to read as follows: 
‘‘(3)(A) A final order of the Board may impose—
‘‘(i) disciplinary action consisting of removal, 
reduction in grade, debarment from Federal employ-
ment for a period not to exceed 5 years, suspension, 
or reprimand; 
‘‘(ii) an assessment of a civil penalty not to ex-
ceed $1,000; or 
‘‘(iii) any combination of disciplinary actions 
described under clause (i) and an assessment de-
scribed under clause (ii). 
‘‘(B) In any case in which the Board finds that an 
employee has committed a prohibited personnel practice 
under paragraph (8) or (9) of section 2302(b), the Board
shall impose disciplinary action if the Board finds that the 
activity protected under such paragraph (8) or (9) (as the 
case may be) was the primary motivating factor, unless 
that employee demonstrates, by a preponderance of the 
evidence, that the employee would have taken, failed to 
take, or threatened to take or fail to take the same per-
sonnel action, in the absence of such protected activity.’’. 
SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON 
REVOCATION OF SECURITY CLEARANCES. 
(a) REQUIREMENT.—The Comptroller General shall 
conduct a study of security clearance revocations, taking 
effect after 1996, with respect to personnel that filed 
claims under chapter 12 of title 5, United States Code, 
in connection therewith. The study shall consist of an ex-
amination of the number of such clearances revoked, the 
number restored, and the relationship, if any, between the 
resolution of claims filed under such chapter and the res-
toration of such clearances. 
(b) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the Committee on Oversight and Government 
Reform of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate a report on the results of the study required 
by subsection (a).
SEC. 9. ALTERNATIVE RECOURSE. 
(a) IN GENERAL.—Section 1221 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(k)(1) If, in the case of an employee, former em-
ployee, or applicant for employment who seeks corrective 
action (or on behalf of whom corrective action is sought) 
from the Merit Systems Protection Board based on an al-
leged prohibited personnel practice described in section 
2302(b)(8) or 2302(b)(9)(B)–(D), no final order or deci-
sion is issued by the Board within 180 days after the date 
on which a request for such corrective action has been duly 
submitted (or, in the event that a final order or decision 
is issued by the Board, whether within that 180-day period 
or thereafter, then, within 90 days after such final order 
or decision is issued, and so long as such employee, former 
employee, or applicant has not filed a petition for judicial 
review of such order or decision under subsection (h))—
‘‘(A) such employee, former employee, or appli-
cant may, after providing written notice to the 
Board, bring an action at law or equity for de novo 
review in the appropriate United States district 
court, which shall have jurisdiction over such action 
without regard to the amount in controversy, and 
which action shall, at the request of either party to 
such action, be tried by the court with a jury; and
‘‘(B) in any such action, the court—
‘‘(i) shall apply the standards set forth in 
subsection (e); and 
‘‘(ii) may award any relief which the court 
considers appropriate, including any relief de-
scribed in subsection (g). 
An appeal from a final decision of a district court in an 
action under this paragraph may, at the election of the 
appellant, be taken to the Court of Appeals for the Federal 
Circuit (which shall have jurisdiction of such appeal), in 
lieu of the United States court of appeals for the circuit 
embracing the district in which the action was brought. 
‘‘(2) For purposes of this subsection, the term ‘appro-
priate United States district court’, as used with respect 
to an alleged prohibited personnel practice, means the 
United States district court for the district in which the 
prohibited personnel practice is alleged to have been com-
mitted, the judicial district in which the employment 
records relevant to such practice are maintained and ad-
ministered, or the judicial district in which resides the em-
ployee, former employee, or applicant for employment al-
legedly affected by such practice. 
‘‘(3) This subsection applies with respect to any ap-
peal, petition, or other request for corrective action duly 
submitted to the Board, whether pursuant to section
1214(b)(2), the preceding provisions of this section, sec-
tion 7513(d), or any otherwise applicable provisions of 
law, rule, or regulation.’’. 
(b) REVIEW OF MSPB DECISIONS.—Section 7703(b) 
of such title 5 is amended—
(1) in the first sentence of paragraph (1), by 
striking ‘‘the United States Court of Appeals for the 
Federal Circuit’’ and inserting ‘‘the appropriate 
United States court of appeals’’; and 
(2) by adding at the end the following: 
‘‘(3) For purposes of the first sentence of paragraph 
(1), the term ‘appropriate United States court of appeals’ 
means the United States Court of Appeals for the Federal 
Circuit, except that in the case of a prohibited personnel 
practice 
described 
in 
section 
2302(b)(8) 
or 
2302(b)(9)(B)–(D) (other than a case that, disregarding 
this paragraph, would otherwise be subject to paragraph 
(2)), such term means the United States Court of Appeals 
for the Federal Circuit and any United States court of 
appeals having jurisdiction over appeals from any United 
States district court which, under section 1221(k)(2), 
would be an appropriate United States district court for 
purposes of such prohibited personnel practice.’’. 
(c) 
COMPENSATORY
DAMAGES.—Section 
1221(g)(1)(A)(ii) of such title 5 is amended by striking
all after ‘‘travel expenses,’’ and inserting ‘‘any other rea-
sonable and foreseeable consequential damages, and com-
pensatory damages (including attorney’s fees, interest, 
reasonable expert witness fees, and costs).’’. 
(d) CONFORMING AMENDMENTS.—
(1) Section 1221(h) of such title 5 is amended 
by adding at the end the following: 
‘‘(3) Judicial review under this subsection shall not 
be available with respect to any decision or order as to 
which the employee, former employee, or applicant has 
filed a petition for judicial review under subsection (k).’’. 
(2) Section 7703(c) of such title 5 is amended 
by striking ‘‘court.’’ and inserting ‘‘court, and in the 
case of a prohibited personnel practice described in 
section 2302(b)(8) or 2302(b)(9)(B)–(D) brought 
under any provision of law, rule, or regulation de-
scribed in section 1221(k)(3), the employee or appli-
cant shall have the right to de novo review in accord-
ance with section 1221(k).’’. 
SEC. 10. NATIONAL SECURITY WHISTLEBLOWER RIGHTS. 
(a) IN GENERAL.—Chapter 23 of title 5, United 
States Code, is amended by inserting after section 2303 
the following: 
‘‘§ 2303a. National security whistleblower rights 
‘‘(a) PROHIBITION OF REPRISALS.—
‘‘(1) IN GENERAL.—In addition to any rights 
provided in section 2303 of this title, title VII of 
Public Law 105–272, or any other provision of law, 
an employee or former employee in a covered agency 
may not be discharged, demoted, or otherwise dis-
criminated against (including by denying, sus-
pending, or revoking a security clearance, or by oth-
erwise restricting access to classified or sensitive in-
formation) as a reprisal for making a disclosure de-
scribed in paragraph (2). 
‘‘(2) DISCLOSURES DESCRIBED.—A disclosure 
described in this paragraph is any disclosure of cov-
ered information which is made—
‘‘(A) by an employee or former employee in 
a covered agency (without restriction as to time, 
place, form, motive, context, or prior disclosure 
made to any person by an employee or former 
employee, including a disclosure made in the 
course of an employee’s duties); and 
‘‘(B) to an authorized Member of Con-
gress, an authorized official of an Executive 
agency, or the Inspector General of the covered 
agency in which such employee or former em-
ployee is or was employed.
‘‘(b) INVESTIGATION OF COMPLAINTS.—An employee 
or former employee in a covered agency who believes that 
such employee or former employee has been subjected to 
a reprisal prohibited by subsection (a) may submit a com-
plaint to the Inspector General and the head of the cov-
ered agency. The Inspector General shall investigate the 
complaint and, unless the Inspector General determines 
that the complaint is frivolous, submit a report of the find-
ings of the investigation within 120 days to the employee 
or former employee (as the case may be) and to the head 
of the covered agency. 
‘‘(c) REMEDY.—
‘‘(1) Within 180 days of the filing of the com-
plaint, the head of the covered agency shall, taking 
into consideration the report of the Inspector Gen-
eral under subsection (b) (if any), determine whether 
the employee or former employee has been subjected 
to a reprisal prohibited by subsection (a), and shall 
either issue an order denying relief or shall imple-
ment corrective action to return the employee or 
former employee, as nearly as possible, to the posi-
tion he would have held had the reprisal not oc-
curred, including voiding any directive or order de-
nying, suspending, or revoking a security clearance 
or otherwise restricting access to classified or sen-
sitive information that constituted a reprisal, as well 
as providing back pay and related benefits, medical 
costs incurred, travel expenses, any other reasonable 
and foreseeable consequential damages, and compen-
satory damages (including attorney’s fees, interest, 
reasonable expert witness fees, and costs). If the 
head of the covered agency issues an order denying 
relief, he shall issue a report to the employee or 
former employee detailing the reasons for the denial. 
‘‘(2)(A) If the head of the covered agency, in 
the process of implementing corrective action under 
paragraph (1), voids a directive or order denying, 
suspending, or revoking a security clearance or oth-
erwise restricting access to classified or sensitive in-
formation that constituted a reprisal, the head of the 
covered agency may re-initiate procedures to issue a 
directive or order denying, suspending, or revoking 
a security clearance or otherwise restricting access 
to classified or sensitive information only if those re-
initiated procedures are based exclusively on national 
security concerns and are unrelated to the actions 
constituting the original reprisal. 
‘‘(B) In any case in which the head of a covered 
agency re-initiates procedures under subparagraph 
(A), the head of the covered agency shall issue an
unclassified report to its Inspector General and to 
authorized Members of Congress (with a classified 
annex, if necessary), detailing the circumstances of 
the agency’s re-initiated procedures and describing 
the manner in which those procedures are based ex-
clusively on national security concerns and are unre-
lated to the actions constituting the original reprisal. 
The head of the covered agency shall also provide 
periodic updates to the Inspector General and au-
thorized Members of Congress detailing any signifi-
cant actions taken as a result of those procedures, 
and shall respond promptly to inquiries from author-
ized Members of Congress regarding the status of 
those procedures. 
‘‘(3) If the head of the covered agency has not 
made a determination under paragraph (1) within 
180 days of the filing of the complaint (or he has 
issued an order denying relief, in whole or in part, 
whether within that 180-day period or thereafter, 
then, within 90 days after such order is issued), the 
employee or former employee may bring an action at 
law or equity for de novo review to seek any correc-
tive action described in paragraph (1) in the appro-
priate United States district court (as defined by 
section 1221(k)(2)), which shall have jurisdiction
over such action without regard to the amount in 
controversy. An appeal from a final decision of a dis-
trict court in an action under this paragraph may, 
at the election of the appellant, be taken to the 
Court of Appeals for the Federal Circuit (which 
shall have jurisdiction of such appeal), in lieu of the 
United States court of appeals for the circuit em-
bracing the district in which the action was brought. 
‘‘(4) An employee or former employee adversely 
affected or aggrieved by an order issued under para-
graph (1), or who seeks review of any corrective ac-
tion determined under paragraph (1), may obtain ju-
dicial review of such order or determination in the 
United States Court of Appeals for the Federal Cir-
cuit or any United States court of appeals having ju-
risdiction over appeals from any United States dis-
trict court which, under section 1221(k)(2), would 
be an appropriate United States district court. No 
petition seeking such review may be filed more than 
60 days after issuance of the order or the deter-
mination to implement corrective action by the head 
of the agency. Review shall conform to chapter 7. 
‘‘(5)(A) If, in any action for damages or relief 
under paragraph (3) or (4), an Executive agency 
moves to withhold information from discovery based
on a claim that disclosure would be inimical to na-
tional security by asserting the privilege commonly 
referred to as the ‘state secrets privilege’, and if the 
assertion of such privilege prevents the employee or 
former employee from establishing an element in 
support of the employee’s or former employee’s 
claim, the court shall resolve the disputed issue of 
fact or law in favor of the employee or former em-
ployee, provided that an Inspector General investiga-
tion under subsection (b) has resulted in substantial 
confirmation of that element, or those elements, of 
the employee’s or former employee’s claim. 
‘‘(B) In any case in which an Executive agency 
asserts the privilege commonly referred to as the 
‘state secrets privilege’, whether or not an Inspector 
General has conducted an investigation under sub-
section (b), the head of that agency shall, at the 
same time it asserts the privilege, issue a report to 
authorized Members of Congress, accompanied by a 
classified annex if necessary, describing the reasons 
for the assertion, explaining why the court hearing 
the matter does not have the ability to maintain the 
protection of classified information related to the as-
sertion, detailing the steps the agency has taken to 
arrive at a mutually agreeable settlement with the
‘‘(C) with respect to other covered informa-
tion, a member of the House Permanent Select 
Committee on Intelligence, the Senate Select 
Committee on Intelligence, the House Com-
mittee on Oversight and Government Reform, 
the Senate Committee on Homeland Security 
and Governmental Affairs, or any other com-
mittees of the House of Representatives or the 
Senate that have oversight over the program 
which the covered information concerns; and 
‘‘(4) the term ‘authorized official of an Execu-
tive agency’ shall have such meaning as the Office 
of Personnel Management shall by regulation pre-
scribe, except that such term shall, with respect to 
any employee or former employee in an agency, in-
clude the head, the general counsel, and the ombuds-
man of such agency.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 23 of title 5, United States Code, is amended 
by inserting after the item relating to section 2303 the 
following:
‘‘2303a. National security whistleblower rights.’’.
SEC. 11. ENHANCEMENT OF CONTRACTOR EMPLOYEE 
WHISTLEBLOWER PROTECTIONS. 
(a) CIVILIAN AGENCY CONTRACTS.—Section 315(c) 
of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 265(c)) is amended—
(1) in paragraph (1), by striking ‘‘If the head’’ 
and all that follows through ‘‘actions:’’ and inserting 
the following: ‘‘Not later than 180 days after sub-
mission of a complaint under subsection (b), the 
head of the executive agency concerned shall deter-
mine whether the contractor concerned has subjected 
the complainant to a reprisal prohibited by sub-
section (a) and shall either issue an order denying 
relief or shall take one or more of the following ac-
tions:’’; and 
(2) by redesignating paragraph (3) as para-
graph (4) and adding after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) If the head of an executive agency has not issued 
an order within 180 days after the submission of a com-
plaint under subsection (b) and there is no showing that 
such delay is due to the bad faith of the complainant, the 
complainant shall be deemed to have exhausted his admin-
istrative remedies with respect to the complaint, and the 
complainant may bring an action at law or equity for de 
novo review to seek compensatory damages and other re-
lief available under this section in the appropriate district 
court of the United States, which shall have jurisdiction 
over such an action without regard to the amount in con-
troversy, and which action shall, at the request of either 
party to such action, be tried by the court with a jury.’’. 
(b) ARMED SERVICES CONTRACTS.—Section 2409(c) 
of title 10, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘If the head’’ 
and all that follows through ‘‘actions:’’ and inserting 
the following: ‘‘Not later than 180 days after sub-
mission of a complaint under subsection (b), the 
head of the agency concerned shall determine wheth-
er the contractor concerned has subjected the com-
plainant to a reprisal prohibited by subsection (a) 
and shall either issue an order denying relief or shall 
take one or more of the following actions:’’; and 
(2) by redesignating paragraph (3) as para-
graph (4) and adding after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) If the head of an agency has not issued an order 
within 180 days after the submission of a complaint under 
subsection (b) and there is no showing that such delay 
is due to the bad faith of the complainant, the complainant 
shall be deemed to have exhausted his administrative rem-
edies with respect to the complaint, and the complainant
may bring an action at law or equity for de novo review 
to seek compensatory damages and other relief available 
under this section in the appropriate district court of the 
United States, which shall have jurisdiction over such an 
action without regard to the amount in controversy, and 
which action shall, at the request of either party to such 
action, be tried by the court with a jury.’’. 
SEC. 12. PROHIBITED PERSONNEL PRACTICES AFFECTING 
THE TRANSPORTATION SECURITY ADMINIS-
TRATION. 
(a) IN GENERAL.—Chapter 23 of title 5, United 
States Code, is amended—
(1) by redesignating sections 2304 and 2305 as 
sections 2305 and 2306, respectively; and 
(2) by inserting after section 2303a (as inserted 
by section 10) the following: 
‘‘§ 2304. Prohibited personnel practices affecting the 
Transportation Security Administration 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, any individual holding or applying for a posi-
tion 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 em-
ployment 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 sec-
tion shall be construed to affect any rights, apart from 
those described in subsection (a), to which an individual 
described in subsection (a) might otherwise be entitled 
under law. 
‘‘(c) EFFECTIVE DATE.—This section shall take ef-
fect as of the date of the enactment of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 23 of title 5, United States Code, is amended 
by striking the items relating to sections 2304 and 2305, 
respectively, and by inserting the following:
‘‘2304. Prohibited personnel practices affecting the Transportation Security Ad-
ministration. 
‘‘2305. Responsibility of the Government Accountability Office. 
‘‘2306. Coordination with certain other provisions of law.’’.
SEC. 13. CLARIFICATION OF WHISTLEBLOWER RIGHTS RE-
LATING TO SCIENTIFIC AND OTHER RE-
SEARCH. 
(a) IN GENERAL.—Section 2302 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(f) As used in section 2302(b)(8), the term ‘abuse 
of authority’ includes—
‘‘(1) any action that compromises the validity 
or accuracy of federally funded research or analysis; 
‘‘(2) the dissemination of false or misleading 
scientific, medical, or technical information; 
‘‘(3) any action that restricts or prevents an 
employee or any person performing federally funded 
research or analysis from publishing in peer-reviewed 
journals or other scientific publications or making 
oral presentations at professional society meetings or 
other meetings of their peers; and 
‘‘(4) any action that discriminates for or 
against any employee or applicant for employment 
on the basis of religion, as defined by section 13(b) 
of the Whistleblower Protection Enhancement Act of 
2007.’’. 
(b) DEFINITION.—As used in section 2302(f)(3) of 
title 5, United States Code (as amended by subsection 
(a)), the term ‘‘on the basis of religion’’ means—