IB 
Union Calendar No. 18 
110TH CONGRESS 
1ST SESSION 
H. R. 985 
[Report No. 110–42, Part 1] 
To amend title 5, United States Code, to clarify which disclosures of informa-
tion are protected from prohibited personnel practices; to require a state-
ment in nondisclosure policies, forms, and agreements to the effect that 
such policies, forms, and agreements are consistent with certain disclo-
sure protections, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 12, 2007 
Mr. WAXMAN (for himself, Mr. PLATTS, Mr. VAN HOLLEN, and Mr. TOM 
DAVIS of Virginia) introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform, and in addition to the 
Committee on Armed Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
MARCH 9, 2007 
Additional sponsors: Mr. CUMMINGS, Mrs. MALONEY of New York, Ms. NOR-
TON, Mr. KUCINICH, Ms. MCCOLLUM of Minnesota, Ms. WATSON, Mr. 
COOPER, Mr. BRALEY of Iowa, Mr. YARMUTH, Mr. CLAY, Mr. KAN-
JORSKI, Mr. DAVIS of Illinois, Mr. SHAYS, Mr. MURPHY of Connecticut, 
Mr. WELCH of Vermont, Mr. BERMAN, Mr. NADLER, Mr. GEORGE MIL-
LER of California, Mr. ALLEN, Mr. ELLISON, Mr. ISRAEL, Mr. MCHUGH, 
Ms. ZOE LOFGREN of California, Mr. CONYERS, Ms. SCHWARTZ, and Mr. 
ACKERMAN 
MARCH 9, 2007 
Reported from the Committee on Oversight and Government Reform with 
amendments 
[Omit the part struck through and insert the part printed in italic] 
MARCH 9, 2007 
Committee on Armed Services discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
A BILL 
To amend title 5, United States Code, to clarify which disclo-
sures of information are protected from prohibited per-
sonnel practices; to require a statement in nondisclosure 
policies, forms, and agreements to the effect that such 
policies, forms, and agreements are consistent with cer-
tain disclosure protections, and for other purposes. 
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. Covered disclosures. 
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. 
Section 2302(b)(8) of title 5, United States Code, is 
amended— 
(1) in subparagraph (A)— 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
(A) by striking ‘‘which the employee or ap-
plicant reasonably believes evidences’’ and in-
serting ‘‘, without restriction as to time, place, 
form, motive, context, or prior disclosure made 
to any person by an employee or applicant, in-
cluding a disclosure made in the ordinary 
course of an employee’s duties, that the em-
ployee 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, or prior disclosure made 
to any person by an employee or applicant, in-
cluding a disclosure made in the ordinary 
course of an employee’s duties, of information 
that the employee or applicant reasonably be-
lieves is evidence of’’; and 
(B) in clause (i), by striking ‘‘a violation’’ 
and inserting ‘‘any violation (other than a viola-
tion of this section)’’. 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
SEC. 3. COVERED DISCLOSURES. 
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 em-
ployee or applicant providing the disclosure reason-
ably 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.’’. 
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. 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
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— 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
(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 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
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 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
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 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
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: 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
‘‘(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), no final order or decision 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; con-
troversy, and which action shall, at the request of ei-
ther party to such action, be tried by the court with 
a jury; and 
‘‘(B) in any such action, the court— 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
‘‘(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 ap-
pellant, 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-
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
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. Circuit, except that in the case of a prohibited per-
sonnel practice described in section 2302(b)(8) (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 ap-
peals 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 reasonable 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
and foreseeable consequential damages, and compensatory 
damages (including attorney’s fees, interest, reasonable ex-
pert witness fees, and costs).’’. 
(c) (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) brought under any provision of 
law, rule, or regulation described in section 
1221(k)(3), the employee or applicant shall have the 
right to de novo review in accordance 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.— 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
‘‘(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, former employee, or applicant for em-
ployment in a covered agency may not be dis-
charged, 
demoted, 
or 
otherwise 
discriminated 
against (including by denying, suspending, or revok-
ing a security clearance, or by otherwise restricting 
access to classified or sensitive information) as a re-
prisal for making a disclosure described in para-
graph (2). 
‘‘(2) DISCLOSURES DESCRIBED.—A disclosure 
described in this paragraph is any disclosure of cov-
ered information which is made— 
‘‘(A) by an employee, former employee, or 
applicant for employment in a covered agency 
(without restriction as to time, place, form, mo-
tive, context, or prior disclosure made to any 
person by an employee, former employee, or ap-
plicant, 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, an authorized official of the Depart-
ment of Justice, or the Inspector General of the 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
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, 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
then, within 90 days after such order is issued), the 
employee, former employee, or applicant for employ-
ment may bring an action at law or equity for de 
novo review to seek any corrective action described 
in paragraph (1) in the appropriate United States 
district court (as defined by section 1221(k)(2)), 
which shall have jurisdiction over such action with-
out regard to the amount in controversy. con-
troversy, and which action shall, at the request of ei-
ther party to such action, be tried by the court with 
a jury. A petition to review a final decision under 
this paragraph shall be filed in the United States 
Court of Appeals for the Federal Circuit. An appeal 
from a final decision of a district court in an action 
under this paragraph may, at the election of the ap-
pellant, be taken to the Court of Appeals for the Fed-
eral Circuit (which shall have jurisdiction of such ap-
peal), in lieu of the United States court of appeals for 
the circuit embracing the district in which the action 
was brought. 
‘‘(4) An employee, former employee, or appli-
cant adversely affected or aggrieved by an order 
issued under paragraph (1), or who seeks review of 
any corrective action determined under paragraph 
(1), may obtain judicial review of such order or de-
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
termination in the United States Court of Appeals 
for the Federal Circuit. Circuit or 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. No petition seeking such review may 
be filed more than 60 days after issuance of the 
order or the determination to implement corrective 
action by the head of the agency. Review shall con-
form 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 plaintiff em-
ployee, former employee, or applicant from estab-
lishing an element in support of the plaintiff’s em-
ployee’s, former employee’s, or applicant’s claim, the 
court shall resolve the disputed issue of fact or law 
in favor of the plaintiff employee, former employee, or 
applicant, provided that an Inspector General inves-
tigation under subsection (b) has resulted in sub-
stantial confirmation of that element, or those ele-
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
ments, of the plaintiff’s employee’s, former employ-
ee’s, or applicant’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 
employee, former employee, or applicant for employ-
ment, setting forth the date on which the classified 
information at issue will be declassified, and pro-
viding all relevant information about the underlying 
substantive matter. 
‘‘(d) APPLICABILITY TO NON-COVERED AGENCIES.— 
An employee, former employee, or applicant for employ-
ment in an Executive agency (or element or unit thereof) 
that is not a covered agency shall, for purposes of any 
disclosure of covered information (as described in sub-
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
section (a)(2)) which consists in whole or in part of classi-
fied or sensitive information, be entitled to the same pro-
tections, rights, and remedies under this section as if that 
Executive agency (or element or unit thereof) were a cov-
ered agency. 
‘‘(e) CONSTRUCTION.—Nothing in this section may 
be construed— 
‘‘(1) to authorize the discharge of, demotion of, 
or discrimination against an employee employee, 
former employee, or applicant for employment for a 
disclosure other than a disclosure protected by sub-
section (a) or (d) of this section or to modify or der-
ogate from a right or remedy otherwise available to 
an employee, former employee, or applicant for em-
ployment; or 
‘‘(2) to preempt, modify, limit, or derogate any 
rights or remedies available to an employee, former 
employee, or applicant for employment under any 
other provision of law, rule, or regulation (including 
the Lloyd-La Follette Act). 
No court or administrative agency may require the ex-
haustion of any right or remedy under this section as a 
condition for pursuing any other right or remedy otherwise 
available to an employee, former employee, or applicant 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
under any other provision of law, rule, or regulation (as 
referred to in paragraph (2)). 
‘‘(f) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘covered information’, as used 
with respect to an employee, former employee, or ap-
plicant for employment, means any information (in-
cluding classified or sensitive information) which the 
employee, former employee, or applicant reasonably 
believes evidences— 
‘‘(A) any violation of any law, rule, or reg-
ulation; or 
‘‘(B) gross mismanagement, a gross waste 
of funds, an abuse of authority, or a substantial 
and specific danger to public health or safety; 
‘‘(2) the term ‘covered agency’ means— 
‘‘(A) the Federal Bureau of Investigation, 
the Central Intelligence Agency, the Defense In-
telligence Agency, the National Geospatial-In-
telligence Agency, the National Security Agen-
cy, and the National Reconnaissance Office; 
and 
‘‘(B) any other Executive agency, or ele-
ment or unit thereof, determined by the Presi-
dent under section 2302(a)(2)(C)(ii)(II) to have 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
as its principal function the conduct of foreign 
intelligence or counterintelligence activities; 
‘‘(3) the term ‘authorized Member of Congress’ 
means a member of the House Permanent Select 
Committee on Intelligence, the Senate Select Com-
mittee on Intelligence, the House Committee on 
Oversight and Government Reform, the Senate Com-
mittee on Homeland Security and Governmental Af-
fairs, and the committees of the House of Rep-
resentatives or the Senate that have oversight over 
the program about which the covered information is 
disclosed; 
‘‘(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, former employee, or applicant for em-
ployment in an agency, include— 
‘‘(A) the immediate supervisor of the em-
ployee or former employee and each successive 
supervisor (immediately above such immediate 
supervisor) within the employee’s or former em-
ployee’s chain of authority (as determined 
under such regulations); and 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
‘‘(B) the head, general counsel, and om-
budsman of such agency; and 
‘‘(5) the term ‘authorized official of the Depart-
ment of Justice’ means any employee of the Depart-
ment of Justice, the duties of whose position include 
the investigation, enforcement, or prosecution of any 
law, rule, or regulation.’’. 
(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 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
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. controversy, 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 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
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. con-
troversy, and which action shall, at the request of either 
party to such action, be tried by the court with a jury.’’. 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS
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 
VerDate Aug 31 2005 
22:24 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H985.RH
H985
ycherry on PROD1PC64 with BILLS