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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.’’. 
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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 
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(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 
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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 
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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 
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