IB 
Union Calendar No. 504 
112TH CONGRESS 
2D SESSION 
H. R. 3289 
[Report No. 112–508, Part I] 
To amend title 5, United States Code, to provide clarification relating to 
disclosures of information protected from prohibited personnel practices; 
to require a statement in nondisclosure policies, forms, and agreements 
that such policies, forms, and agreements are in conformance with certain 
protections; to provide certain additional authorities to the Office of 
Special Counsel; and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 1, 2011 
Mr. ISSA (for himself, Mr. CUMMINGS, Mr. PLATTS, and Mr. VAN HOLLEN) 
introduced the following bill; which was referred to the Committee on 
Oversight and Government Reform, and in addition to the Select Com-
mittee on Intelligence (Permanent Select) and Homeland Security, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
MAY 30, 2012 
Reported from the Committee on Oversight and Government Reform with 
amendments 
[Omit the part struck through and insert the part printed in italic] 
MAY 30, 2012 
Referral to the Select Committee on Intelligence (Permanent Select) and 
Homeland Security extended for a period ending not later than October 
1, 2012 
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OCTOBER 1, 2012 
Additional sponsors: Mr. GOSAR and Mr. PEARCE 
OCTOBER 1, 2012 
The Committees on Select Committee on Intelligence (Permanent Select) and 
Homeland Security discharged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be printed 
A BILL 
To amend title 5, United States Code, to provide clarification 
relating to disclosures of information protected from pro-
hibited personnel practices; to require a statement in 
nondisclosure policies, forms, and agreements that such 
policies, forms, and agreements are in conformance with 
certain protections; to provide certain additional authori-
ties to the Office of Special Counsel; and for other pur-
poses. 
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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 2011 
Platts-Van Hollen Whistleblower Protection Enhancement 
Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—PROTECTION OF CERTAIN DISCLOSURES OF 
INFORMATION BY FEDERAL EMPLOYEES 
Sec. 101. Clarification of disclosures covered. 
Sec. 102. Disclosure defined. 
Sec. 103. Rebuttable presumption. 
Sec. 104. Personnel actions and prohibited personnel practices. 
Sec. 105. Exclusion of agencies by the President. 
Sec. 106. Disciplinary action. 
Sec. 107. Remedies. 
Sec. 108. Judicial review. 
Sec. 109. Prohibited personnel practices affecting the Transportation Security 
Administration. 
Sec. 110. Disclosure of censorship related to research, analysis, or technical in-
formation. 
Sec. 111. Clarification of whistleblower rights for critical infrastructure infor-
mation. 
Sec. 112. Advising employees of rights. 
Sec. 113. Special Counsel amicus curiae appearance. 
Sec. 114. Scope of due process. 
Sec. 115. Nondisclosure policies, forms, and agreements. 
Sec. 116. Reporting requirements. 
Sec. 117. Alternative review. 
Sec. 118. Merit Systems Protection Board summary judgment. 
Sec. 119. Disclosures of classified information. 
Sec. 120. Whistleblower protection ombudsman. 
Sec. 121. Pilot program for enhancement of contractor employee whistleblower 
protections. 
Sec. 122. Study. 
TITLE II—INTELLIGENCE COMMUNITY WHISTLEBLOWER 
PROTECTIONS 
Sec. 201. Protection of intelligence community whistleblowers. 
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Sec. 202. Review of security clearance or access determinations. 
Sec. 203. Revisions relating to the Intelligence Community Whistleblower Pro-
tection Act. 
Sec. 204. Regulations; reporting requirements; nonapplicability to certain ter-
minations. 
TITLE III—EFFECTIVE DATE; SAVINGS PROVISION 
Sec. 301. Effective date. 
Sec. 302. Savings provision. 
TITLE I—PROTECTION OF CER-
TAIN DISCLOSURES OF IN-
FORMATION BY FEDERAL EM-
PLOYEES 
SEC. 101. CLARIFICATION OF DISCLOSURES COVERED. 
(a) IN GENERAL.—Section 2302(b)(8) of title 5, 
United States Code, is amended— 
(1) in subparagraph (A)(i), by striking ‘‘a viola-
tion’’ and inserting ‘‘any violation’’; and 
(2) in subparagraph (B)(i)— 
(A) by striking ‘‘a violation’’ and inserting 
‘‘any violation’’; and 
(B) by striking ‘‘regulation,’’ and inserting 
‘‘regulation (other than this section or any rule 
or regulation prescribed under this section) sec-
tion),’’. 
(b) PROHIBITED PERSONNEL PRACTICES UNDER 
SECTION 2302(b)(9).— 
(1) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Title 5, United States Code, is amended— 
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(A) in subsections (a)(3), (b)(4)(A), and 
(b)(4)(B)(i) of section 1214 and subsections 
(a), (e)(1), and (i) of section 1221, by inserting 
‘‘or subparagraph (A)(i), (B), (C), or (D) of 
section 2302(b)(9)’’ after ‘‘section 2302(b)(8)’’ 
each place it appears; and 
(B) in section 2302(a)(2)(C)(i), by insert-
ing ‘‘or subsection (b)(9) (other than subpara-
graph (A)(ii) thereof)’’ after ‘‘(b)(8)’’. 
(2) OTHER REFERENCES.—(A) Title 5, United 
States 
Code, 
is 
amended, 
in 
sections 
1214(b)(4)(B)(i) and 1221(e), by inserting ‘‘or pro-
tected activity’’ after ‘‘disclosure’’ each place it ap-
pears. 
(B) Subparagraph (A) of section 2302(b)(9) of 
title 5, United States Code, is amended to read as 
follows: 
‘‘(A) the exercise of any appeal, complaint, 
or grievance right granted by any law, rule, or 
regulation— 
‘‘(i) with regard to remedying a viola-
tion of paragraph (8) or any rule or regu-
lation prescribed under such paragraph; or 
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‘‘(ii) with regard to remedying a viola-
tion of any law, rule, or regulation not de-
scribed in clause (i);’’. 
(C) Section 2302 of title 5, United States Code, 
is amended by adding at the end the following: 
‘‘(f)(1) A disclosure shall not be excluded from sub-
section (b)(8) because— 
‘‘(A) the disclosure was made to a person, in-
cluding a supervisor, who participated in an activity 
that the employee or applicant reasonably believed to 
be covered by subsection (b)(8)(A)(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 em-
ployee 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 ex-
cluded from subsection (b)(8) if any employee who has au-
thority to take, direct others to take, recommend, or ap-
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prove 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.’’. 
SEC. 102. DISCLOSURE DEFINED. 
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 or transmission, but does not include 
a communication concerning policy decisions that 
lawfully exercise discretionary authority, unless the 
employee or applicant providing the disclosure rea-
sonably believes that the disclosure evidences— 
‘‘(i) any violation of any law, rule, or regu-
lation, and occurs during the conscientious car-
rying out of official duties; or 
‘‘(ii) gross mismanagement, a gross waste 
of funds, an abuse of authority, or a substantial 
and specific danger to public health or safety.’’. 
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SEC. 103. REBUTTABLE PRESUMPTION. 
Section 2302(b) of title 5, United States Code, is 
amended by amending the matter following paragraph 
(12) to read as follows: 
‘‘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), 
any presumption relating to the performance of a duty by 
an employee whose conduct is the subject of a protected 
disclosure under this section may be rebutted by substan-
tial evidence. For purposes of paragraph (8), a determina-
tion as to whether an employee or applicant reasonably 
believes that such employee or applicant has disclosed in-
formation that evidences any violation of law, rule, regula-
tion, 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 es-
sential facts known to or readily ascertainable by the em-
ployee could reasonably conclude that the actions of the 
Government evidence such a violation, mismanagement, 
waste, abuse, or danger.’’. 
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SEC. 104. PERSONNEL ACTIONS AND PROHIBITED PER-
SONNEL PRACTICES. 
(a) PERSONNEL ACTION.—Section 2302(a)(2)(A) of 
title 5, United States Code, is amended— 
(1) in clause (x), by striking ‘‘and’’ after the 
semicolon; 
(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 
that does not contain the statement required 
under subsection (b)(13); and’’. 
(b) PROHIBITED PERSONNEL PRACTICE.— 
(1) IN GENERAL.—Section 2302(b) of title 5, 
United States Code, is amended— 
(A) in paragraph (11), by striking ‘‘or’’ at 
the end; 
(B) in paragraph (12), by striking the pe-
riod and inserting ‘‘; or’’; and 
(C) by inserting after paragraph (12) the 
following: 
‘‘(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 su-
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persede, conflict with, or otherwise alter the em-
ployee obligations, rights, or liabilities created by 
Executive Order 13526 (75 Fed. Reg. 707, relating 
to classified national security information), or any 
successor thereto; Executive Order 12968 (60 Fed. 
Reg. 40245, relating to access to classified informa-
tion), or any successor thereto; section 7211 (gov-
erning disclosures to Congress); section 1034 of title 
10 (governing disclosure to Congress by members of 
the military); subsection (b)(8) (governing disclo-
sures of illegality, waste, fraud, abuse, or public 
health or safety threats); the Intelligence Identities 
Protection Act of 1982 (50 U.S.C. 421 et seq., gov-
erning disclosures that could expose confidential 
Government agents); and the statutes which protect 
against disclosures that could compromise national 
security, including sections 641, 793, 794, 798, and 
952 of title 18 and section 4(b) of the Subversive 
Activities Control Act of 1950 (50 U.S.C. 783(b)). 
The definitions, requirements, obligations, rights, 
sanctions, and liabilities created by such Executive 
orders and such statutory provisions are incor-
porated into this agreement and are controlling.’.’’. 
(2) NONDISCLOSURE POLICY, FORM, OR AGREE-
MENT IN EFFECT BEFORE THE DATE OF ENACT-
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MENT.—A nondisclosure policy, form, or agreement 
that was in effect before the effective date of this 
Act, but that does not contain the statement re-
quired under section 2302(b)(13) of title 5, United 
States Code (as added by paragraph (1)(C)) for im-
plementation or enforcement— 
(A) may be enforced with regard to a cur-
rent employee if the employing agency gives 
such employee notice of the statement before 
the employee makes the disclosure with respect 
to which the enforcement relates; and 
(B) may continue to be enforced after the 
effective date of this Act with regard to a 
former employee if the agency posts notice of 
the statement on the agency website for the 1- 
year period following that effective date, except 
that such notice shall not be required as a con-
dition for continued enforcement if the condi-
tion under subparagraph (A) has been satisfied 
with respect to such former employee. 
(c) RETALIATORY INVESTIGATIONS.— 
(1) AGENCY INVESTIGATION.—Section 1214 of 
title 5, United States Code, is amended by adding 
at the end the following: 
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‘‘(h) Any corrective action ordered under this section 
to correct a prohibited personnel practice may include fees, 
costs, or damages reasonably incurred due to an agency 
investigation of the employee, if such investigation was 
commenced, expanded, or extended in retaliation for the 
disclosure or protected activity that formed the basis of 
the corrective action.’’. 
(2) DAMAGES.—Section 1221(g) of title 5, 
United States Code, is amended by adding at the 
end the following: 
‘‘(4) Any corrective action ordered under this section 
to correct a prohibited personnel practice may include fees, 
costs, or damages reasonably incurred due to an agency 
investigation of the employee, if such investigation was 
commenced, expanded, or extended in retaliation for the 
disclosure or protected activity that formed the basis of 
the corrective action.’’. 
SEC. 105. 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, the National Se-
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curity Agency, the Office of the Director of Na-
tional Intelligence, and the National Reconnais-
sance Office; and 
‘‘(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, pro-
vided that the determination be made prior to 
the personnel action involved; or’’. 
SEC. 106. 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 brought under paragraph (1) in 
which the Board finds that an employee has committed 
a prohibited personnel practice under section 2302(b)(8), 
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or subparagraph (A)(i), (B), (C), or (D) of section 
2302(b)(9), the Board may impose disciplinary action if 
the Board finds that the activity protected under section 
2302(b)(8) or subparagraph (A)(i), (B), (C), or (D) of 
section 2302(b)(9) was a significant motivating factor, 
even if other factors also motivated the decision, for the 
employee’s decision to take, fail to take, or threaten to 
take or fail to take a personnel action, unless that em-
ployee 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 personnel ac-
tion, in the absence of such protected activity.’’. 
SEC. 107. REMEDIES. 
(a) ATTORNEY FEES.—Section 1204(m)(1) of title 5, 
United States Code, is amended by striking ‘‘agency in-
volved’’ and inserting ‘‘agency in which the prevailing 
party was employed or with which the prevailing party had 
applied for employment at the time of the events giving 
rise to the case’’. 
(b) 
DAMAGES.—Sections 
1214(g)(2) 
and 
1221(g)(1)(A)(ii) of title 5, United States Code, are 
amended by striking all after ‘‘travel expenses,’’ and in-
serting ‘‘any other reasonable and foreseeable consequen-
tial damages, and compensatory damages (including inter-
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est, reasonable expert witness fees, and costs).’’ each place 
it appears. 
SEC. 108. JUDICIAL REVIEW. 
(a) IN GENERAL.—Section 7703(b)(1) of title 5, 
United States Code, is amended— 
(1) by striking ‘‘(b)(1) Except as provided in 
paragraph (2) of this subsection,’’ and inserting 
‘‘(b)(1)(A) Except as provided in subparagraph (B) 
or paragraph (2),’’; and 
(2) by adding at the end the following: 
‘‘(B) A petition to review a final order or final deci-
sion of the Board that raises no challenge to the Board’s 
disposition of allegations of a prohibited personnel practice 
described in section 2302(b) other than practices de-
scribed in section 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 Colum-
bia Circuit. Notwithstanding any other provision of law, 
any petition for review under this subparagraph must be 
filed within 60 days after the date the petitioner received 
notice of the final order or decision of the Board.’’. 
(b) REVIEW OBTAINED BY OFFICE OF PERSONNEL 
MANAGEMENT.—Section 7703(d) of title 5, United States 
Code, is amended by inserting ‘‘or the United States Court 
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of Appeals for the District of Columbia Circuit’’ after ‘‘the 
United States Court of Appeals for the Federal Circuit’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to any final order or 
decision rendered on or after the effective date of this Act. 
SEC. 109. 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 2303 the fol-
lowing: 
‘‘§ 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 paragraph (1), (8), or (9) 
of section 2302(b); 
‘‘(2) any provision of law implementing para-
graph (1), (8), or (9) of section 2302(b) by making 
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any right or remedy available to an employee or ap-
plicant for employment 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.’’. 
(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 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.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of enactment of 
this Act. 
SEC. 110. DISCLOSURE OF CENSORSHIP RELATED TO RE-
SEARCH, ANALYSIS, OR TECHNICAL INFOR-
MATION. 
(a) DEFINITIONS.—In this subsection— 
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(1) the term ‘‘agency’’ has the meaning given 
such term under section 2302(a)(2)(C) of title 5, 
United States Code; 
(2) the term ‘‘applicant’’ means an applicant 
for a covered position; 
(3) the term ‘‘censorship related to research, 
analysis, or technical information’’ means any effort 
to distort, misrepresent, or suppress research, anal-
ysis, or technical information; 
(4) the term ‘‘covered position’’ has the mean-
ing given such term under section 2302(a)(2)(B) of 
title 5, United States Code; 
(5) the term ‘‘employee’’ means an employee in 
a covered position in an agency; and 
(6) the term ‘‘disclosure’’ has the meaning 
given such term under section 2302(a)(2)(D) of title 
5, United States Code (as amended by section 
102(3)). 
(b) PROTECTED DISCLOSURE.— 
(1) IN GENERAL.—Any disclosure of informa-
tion by an employee or applicant for employment 
that the employee or applicant reasonably believes is 
evidence of censorship related to research, analysis, 
or technical information— 
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(A) shall come within the protections of 
section 2302(b)(8)(A) of title 5, United States 
Code, if— 
(i) the employee or applicant reason-
ably believes that such censorship is or will 
cause— 
(I) any violation of law, rule, or 
regulation, and occurs during the con-
scientious carrying out of official du-
ties; or 
(II) gross mismanagement, a 
gross waste of funds, an abuse of au-
thority, or a substantial and specific 
danger to public health or safety; and 
(ii) such disclosure is not specifically 
prohibited by law or such information is 
not specifically required by Executive order 
to be kept classified in the interest of na-
tional defense or the conduct of foreign af-
fairs; and 
(B) shall come within the protections of 
section 2302(b)(8)(B) of title 5, United States 
Code, if— 
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(i) the employee or applicant reason-
ably believes that such censorship is or will 
cause— 
(I) any violation of law, rule, or 
regulation, and occurs during the con-
scientious carrying out of official du-
ties; or 
(II) gross mismanagement, a 
gross waste of funds, an abuse of au-
thority, or a substantial and specific 
danger to public health or safety; and 
(ii) the disclosure is made to the Spe-
cial Counsel, or to the Inspector General of 
an agency or another person designated by 
the head of the agency to receive such dis-
closures, consistent with the protection of 
sources and methods. 
(2) DISCLOSURES NOT EXCLUDED.—A disclo-
sure shall not be excluded from paragraph (1) for 
any reason described under paragraph (1) or (2) of 
section 2302(f) of title 5, United States Code (as 
amended by section 101(b)(2)(C)). 
(3) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to imply any limitation on 
the protections of employees and applicants afforded 
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by any other provision of law, including protections 
with respect to any disclosure of information be-
lieved to be evidence of censorship related to re-
search, analysis, or technical information. 
SEC. 111. CLARIFICATION OF WHISTLEBLOWER RIGHTS 
FOR CRITICAL INFRASTRUCTURE INFORMA-
TION. 
Section 214(c) of the Homeland Security Act of 2002 
(6 U.S.C. 133(c)) is amended by adding at the end the 
following: ‘‘For purposes of this section, a permissible use 
of independently obtained information includes the disclo-
sure of such information under section 2302(b)(8) of title 
5, United States Code.’’. 
SEC. 112. ADVISING EMPLOYEES OF RIGHTS. 
Section 2302(c) of title 5, United States Code, is 
amended by inserting ‘‘, 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, Con-
gress, or other agency employee designated to receive such 
a disclosure’’ after ‘‘chapter 12 of this title’’. 
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SEC. 113. SPECIAL COUNSEL AMICUS CURIAE APPEAR-
ANCE. 
Section 1212 of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(h)(1) The Special Counsel may appear as amicus 
curiae in any action brought in a court of the United 
States related to any civil action brought in connection 
with paragraph (8) or (9) of section 2302(b), or as other-
wise authorized by law. In any such action, the Special 
Counsel may present the views of the Special Counsel with 
respect to compliance with the provisions of paragraph (8) 
or (9) of section 2302(b) and the impact court decisions 
would have on the enforcement of such provisions. 
‘‘(2) A court of the United States shall grant the ap-
plication of the Special Counsel to appear in any such ac-
tion for the purposes described under subsection (a).’’. 
SEC. 114. SCOPE OF DUE PROCESS. 
(a) SPECIAL COUNSEL.—Section 1214(b)(4)(B)(ii) of 
title 5, United States Code, is amended by inserting ‘‘, 
after a finding by the Board that a protected disclosure 
was a contributing factor,’’ after ‘‘ordered if’’. 
(b) INDIVIDUAL ACTION.—Section 1221(e)(2) of title 
5, United States Code, is amended by inserting ‘‘, after 
a finding that a protected disclosure or protected activity 
was a contributing factor,’’ after ‘‘ordered if’’. 
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SEC. 115. NONDISCLOSURE POLICIES, FORMS, AND AGREE-
MENTS. 
(a) IN GENERAL.— 
(1) REQUIREMENT.—Each agreement in Stand-
ard Forms 312 and 4414 of the Government and 
any other nondisclosure policy, form, or agreement 
of the Government shall contain the following state-
ment: ‘‘These restrictions are consistent with and do 
not supersede, conflict with, or otherwise alter the 
employee obligations, rights, or liabilities created by 
Executive Order 13526 (75 Fed. Reg. 707, relating 
to classified national security information), or any 
successor thereto; Executive Order 12968 (60 Fed. 
Reg. 40245, relating to access to classified informa-
tion), or any successor thereto; section 7211 of title 
5, United States Code (governing disclosures to Con-
gress); section 1034 of title 10, United States Code 
(governing disclosure 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 et seq., governing disclosures 
that could expose confidential Government agents); 
and the statutes which protect against disclosure 
that may compromise the national security, includ-
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ing sections 641, 793, 794, 798, and 952 of title 18, 
United States Code, and section 4(b) of the Subver-
sive Activities Act of 1950 (50 U.S.C. 783(b)). The 
definitions, requirements, obligations, rights, sanc-
tions, and liabilities created by such Executive or-
ders and such statutory provisions are incorporated 
into this agreement and are controlling.’’. 
(2) ENFORCEABILITY.— 
(A) IN GENERAL.—Any nondisclosure pol-
icy, form, or agreement described under para-
graph (1) that does not contain the statement 
required under paragraph (1) may not be im-
plemented or enforced to the extent such policy, 
form, or agreement is inconsistent with that 
statement. 
(B) NONDISCLOSURE
POLICY, FORM, OR 
AGREEMENT IN EFFECT BEFORE THE DATE OF 
ENACTMENT.—A nondisclosure policy, form, or 
agreement that was in effect before the date of 
enactment of this Act, but that does not con-
tain the statement required under paragraph 
(1)— 
(i) may be enforced with regard to a 
current employee if the agency gives such 
employee notice of the statement; and 
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(ii) may continue to be enforced after 
the effective date of this Act with regard 
to a former employee if the agency posts 
notice of the statement on the agency 
website for the 1-year period following that 
effective date, except that such notice shall 
not be required as a condition for contin-
ued enforcement if the condition under 
clause (i) has been satisfied with respect to 
such former employee. 
(b) PERSONS OTHER THAN GOVERNMENT EMPLOY-
EES.—Notwithstanding subsection (a), a nondisclosure 
policy, form, or agreement that is to be executed by a per-
son connected with the conduct of an intelligence or intel-
ligence-related activity, other than an employee or officer 
of the United States Government, may contain provisions 
appropriate to the particular activity for which such docu-
ment is to be used. Such policy, form, or agreement shall, 
at a minimum, require that the person will not disclose 
any classified information received in the course of such 
activity unless specifically authorized to do so by the 
United States Government. Such nondisclosure policy, 
form, or agreement shall also make it clear that such 
forms do not bar disclosures to Congress or to an author-
ized official of an Executive agency or the Department of 
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Justice to report a substantial violation of law, consistent 
with the protection of sources and methods, pursuant to 
the requirements of section 2302(b)(8) of title 5, United 
States Code. 
SEC. 116. REPORTING REQUIREMENTS. 
(a) GOVERNMENT ACCOUNTABILITY OFFICE.— 
(1) REPORT.—Not later than 40 months after 
the date of enactment of this Act, the Comptroller 
General shall submit a report to the Committee on 
Homeland Security and Governmental Affairs of the 
Senate and the Committee on Oversight and Govern-
ment Reform of the House of Representatives on the 
implementation of this title. 
(2) CONTENTS.—The report under this sub-
section shall include— 
(A) an analysis of any changes in the num-
ber of cases filed with the Merit Systems Pro-
tection Board alleging violations of paragraph 
(8) or (9) of section 2302(b) of title 5, United 
States Code, since the effective date of this Act; 
(B) the outcome of the cases described 
under subparagraph (A), including whether or 
not the Merit Systems Protection Board, the 
Federal Circuit Court of Appeals, or any other 
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