(A) by striking ‘‘or consultant’’ and insert-
ing ‘‘consultant, lawyer, or lobbyist’’; 
(B) by striking ‘‘one year’’ and inserting 
‘‘two years’’; and 
(C) in subparagraph (C), by striking ‘‘per-
sonally made for the Federal agency—’’ and in-
serting ‘‘participated personally and substan-
tially in—’’; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) Paragraph (1) shall not prohibit a former 
official of a Federal agency from accepting com-
pensation from any division or affiliate of a con-
tractor that does not produce the same or similar 
products or services as the entity of the contractor 
that is responsible for the contract referred to in 
subparagraph (A), (B), or (C) of such paragraph if 
the agency’s designated ethics officer determines 
that— 
‘‘(A) the offer of compensation is not a re-
ward for any action described in paragraph (1); 
and 
‘‘(B) acceptance of the compensation is ap-
propriate and will not affect the integrity of the 
procurement process.’’. 
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CCOLEMAN on PROD1PC71 with BILLS
(b) REQUIREMENT
FOR FEDERAL PROCUREMENT 
OFFICERS TO DISCLOSE JOB OFFERS MADE TO REL-
ATIVES.—Section 27(c)(1) of such Act (41 U.S.C. 
423(c)(1)) is amended by inserting after ‘‘that official’’ 
the following: ‘‘or for a relative of that official (as defined 
in section 3110 of title 5, United States Code),’’. 
(c) REQUIREMENT
ON AWARD
OF GOVERNMENT 
CONTRACTS
TO FORMER EMPLOYERS.—Section 27 of 
such Act (41 U.S.C. 423) is amended by adding at the 
end the following new subsection: 
‘‘(i) PROHIBITION ON INVOLVEMENT BY CERTAIN 
FORMER
CONTRACTOR
EMPLOYEES
IN
PROCURE-
MENTS.—An employee of the Federal Government who is 
a former employee of a contractor with the Federal Gov-
ernment shall not be personally and substantially involved 
with any award of a contract to the employee’s former em-
ployer, or the administration of such a contract, for the 
two-year period beginning on the date on which the em-
ployee leaves the employment of the contractor.’’. 
(d) REGULATIONS.—Section 27 of such Act (41 
U.S.C. 423) is further amended by adding at the end of 
the following new subsection: 
‘‘(j) REGULATIONS.—The Administrator, in consulta-
tion with the Director of the Office of Government Ethics, 
shall— 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘(1) promulgate regulations to carry out and 
ensure the enforcement of this section; and 
‘‘(2) monitor and investigate individual and 
agency compliance with this section.’’. 
SEC. 5. PROHIBITION ON UNAUTHORIZED EXPENDITURE 
OF FUNDS FOR PUBLICITY OR PROPAGANDA 
PURPOSES. 
(a) PROHIBITION.—Chapter 13 of title 31, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1355. Prohibition on unauthorized expenditure of 
funds for publicity or propaganda pur-
poses 
‘‘An officer or employee of the United States Govern-
ment may not make or authorize an expenditure or obliga-
tion of funds for publicity or propaganda purposes within 
the United States unless authorized by law.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 13 of such title is amended by adding at the 
end the following new item: 
‘‘1355. Prohibition on unauthorized expenditure of funds for publicity or propa-
ganda purposes.’’. 
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CCOLEMAN on PROD1PC71 with BILLS
SEC. 6. REQUIREMENT FOR DISCLOSURE OF FEDERAL 
SPONSORSHIP 
OF 
ALL 
FEDERAL 
ADVER-
TISING OR OTHER COMMUNICATION MATE-
RIALS. 
(a) REQUIREMENT.—Each advertisement or other 
communication paid for by an Executive agency, either di-
rectly or through a contract awarded by the Executive 
agency, shall include a prominent notice informing the tar-
get audience that the advertisement or other communica-
tion is paid for by that Executive agency. 
(b) ADVERTISEMENT OR OTHER COMMUNICATION.— 
In this section, the term ‘‘advertisement or other commu-
nication’’ includes— 
(1) an advertisement disseminated in any form, 
including print or by any electronic means; and 
(2) a communication by an individual in any 
form, including speech, print, or by any electronic 
means. 
(c) EXECUTIVE AGENCY.—In this section, the term 
‘‘Executive agency’’ has the meaning provided in section 
105 of title 5, United States Code. 
SEC. 7. ELIMINATION OF ‘‘PSEUDO’’ CLASSIFICATION. 
(a) REPORTS
ON
THE PROLIFERATING USE
OF 
‘‘PSEUDO’’ CLASSIFICATION DESIGNATIONS.— 
(1) REPORT BY FEDERAL AGENCIES.—Not later 
than six months after the date of the enactment of 
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CCOLEMAN on PROD1PC71 with BILLS
this Act, each federal agency shall submit to the Ar-
chivist of the United States and the congressional 
committees described in subsection (d) a report de-
scribing the use of ‘‘pseudo’’ classification designa-
tions. 
(2) MATTERS
COVERED.—Each such agency 
shall report on, at a minimum, the following: 
(A) The number of ‘‘pseudo’’classification 
designation policies used by the agency. 
(B) Any existing guidance, instruction, di-
rective, or regulations regarding the agency’s 
use of ‘‘pseudo’’ classification designations. 
(C) The number and level of experience 
and training of Federal agency, office, and con-
tractor personnel authorized to make ‘‘pseudo’’ 
classification designations. 
(D) The cost of placing and maintaining 
information under each ‘‘pseudo’’ classification 
designation. 
(E) The extent to which information 
placed under ‘‘pseudo’’ classification designa-
tions has subsequently been released under sec-
tion 552 of title 5, United States Code (popu-
larly known as the Freedom of Information 
Act). 
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CCOLEMAN on PROD1PC71 with BILLS
(F) The extent to which ‘‘pseudo’’ classi-
fication designations have been used to withhold 
from the public information that is not author-
ized to be withheld by Federal statute, or by an 
Executive order relating to the classification of 
national security information. 
(G) The statutory provisions described in 
subsection (c). 
(3) REPORT
BY
THE
ARCHIVIST
OF
THE 
UNITED STATES.—Not later than 9 months after the 
date of the enactment of this Act, the Archivist of 
the United States shall issue to the congressional 
committees described in subsection (d) a report on 
the use of ‘‘pseudo’’ classification designations 
across the executive branch that is based on the in-
formation provided by agencies, as well as input 
from the Director of National Intelligence, Federal 
agencies, offices, and contractors. All federal agen-
cies, offices, and contractors shall cooperate fully 
and promptly with all requests by the Archivist in 
the fulfillment of this paragraph. 
(4) NOTICE
AND
COMMENT.—The Archivist 
shall provide notice and an opportunity for public 
comment on the report. 
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CCOLEMAN on PROD1PC71 with BILLS
(b) ELIMINATION
OF ‘‘PSEUDO’’ CLASSIFICATION 
DESIGNATIONS.— 
(1) REGULATIONS.—Not later than 15 months 
after the date of the enactment of this Act, the Ar-
chivist of the United States shall promulgate regula-
tions banning the use of ‘‘pseudo’’ classification des-
ignations. 
(2) STANDARDS
FOR
INFORMATION
CONTROL 
DESIGNATIONS.—If the Archivist determines that 
there is a need for some agencies to use information 
control designations to safeguard information prior 
to review for disclosure, beyond those designations 
established by statute or by an Executive Order re-
lating to the classification of national security infor-
mation, the regulations under paragraph (1) shall 
establish standards for the use of those designations 
by agencies. Such standards shall address, at a min-
imum, the following issues: 
(A) Standards for utilizing the information 
control designations in a manner that is nar-
rowly tailored to maximize public access to in-
formation. 
(B) Procedures for providing specified 
Federal officials with authority to utilize the in-
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CCOLEMAN on PROD1PC71 with BILLS
formation control designations, including train-
ing and certification requirements. 
(C) Categories of information that may be 
assigned the information control designations. 
(D) The duration of the information con-
trol designations and the process by which they 
will be removed. 
(E) Procedures for identifying, marking, 
dating, and tracking information assigned the 
information control designations, including the 
identity of officials making the designations. 
(F) Specific limitations and prohibitions 
against using the information control designa-
tions. 
(G) Procedures for members of the public 
to challenge the use of the information control 
designations. 
(H) The manner in which the use of the 
information control designations relates to the 
procedures of each agency or office under sec-
tion 552 of title 5, United States Code. 
(3) REGULATION
TO
CONSTITUTE
SOLE
AU-
THORITY.—A regulation promulgated pursuant to 
this subsection shall constitute the sole authority by 
which Federal agencies, offices, or contractors are 
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CCOLEMAN on PROD1PC71 with BILLS
permitted to control information for the purposes of 
safeguarding information prior to review for disclo-
sure, other than authority granted by Federal stat-
ute or by an Executive order relating to the classi-
fication of national security information. 
(c) REVIEW OF STATUTORY BARRIERS TO PUBLIC 
ACCESS INFORMATION.— 
(1) REVIEW OF STATUTES.—As part of the re-
port required under subsection (a)(3), the Archivist 
shall examine existing Federal statutes that allow 
Federal agencies, offices, or contractors to control, 
protect, or otherwise withhold information based on 
security concerns. 
(2) RECOMMENDATIONS.—The report shall 
make recommendations on potential changes to the 
Federal statutes examined under paragraph (1) that 
would improve public access to information governed 
by such statutes. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘congressional committees’’ 
means the Committees on Government Reform, Ju-
diciary, Homeland Security, and Appropriations of 
the House of Representatives and the Committees 
on Homeland Security and Governmental Affairs, 
Judiciary, and Appropriations of the Senate. 
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CCOLEMAN on PROD1PC71 with BILLS
(2) The term ‘‘ ‘pseudo’ classification designa-
tions’’ means information control designations, in-
cluding ‘‘sensitive but unclassified’’ and ‘‘for official 
use only’’, that are not defined by Federal statute, 
or by an Executive order relating to the classifica-
tion of national security information, but that are 
used to manage, direct, or route Government infor-
mation, or control the accessibility of Government 
information, regardless of its form or format. 
SEC. 8. NATIONAL SECURITY WHISTLEBLOWER RIGHTS. 
Chapter 23 of title 5, United States Code, is amended 
by adding after section 2303 the following new section: 
‘‘§ 2303a. National security whistleblower rights 
‘‘(a) PROHIBITION OF REPRISALS.—In addition to 
any rights provided in Title VII of Public Law 105–272, 
section 2303 of title 5, United States Code, or any other 
law, an employee or applicant for employment of a covered 
agency may not be discharged, demoted, or otherwise dis-
criminated against, including denying, suspending, or re-
voking a security clearance or otherwise restricting access 
to classified or sensitive information, as a reprisal for dis-
closing covered information to an authorized Member of 
Congress or to an authorized official of an executive agen-
cy, the Department of Justice, or the Inspector General 
of the employee’s employing covered agency. 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘(b) INVESTIGATION OF COMPLAINTS.—An employee 
or applicant for employment of a covered agency who be-
lieves he has been subjected to a reprisal prohibited by 
subsection (a) may submit a complaint to the Inspector 
General and head of the covered agency. The Inspector 
General shall investigate the complaint and, unless the In-
spector General determines that the complaint is frivolous, 
submit a report of the findings of the investigation within 
180 days to the employee or applicant for employment and 
the head of the covered agency. 
‘‘(c) REMEDY.— 
‘‘(1) Within 210 days of the filing of the com-
plaint, the head of the covered agency shall issue an 
order accepting or rejecting the complaint, or por-
tions thereof, taking into consideration the report 
issued by the Inspector General under subsection 
(b), if any. If the head of the covered agency accepts 
the complaint, he shall implement corrective action 
to return the complainant, as nearly as possible, to 
the position he would have held had the reprisal not 
occurred, 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 
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CCOLEMAN on PROD1PC71 with BILLS
costs incurred, travel expenses, and any other rea-
sonable and foreseeable consequential damages in-
cluding attorney’s fees and costs. If the head of the 
covered agency rejects the complaint, he shall issue 
a report to the employee or applicant for employ-
ment detailing the reasons for the rejection. 
‘‘(2)(A) If the head of the covered agency, in 
the process of implementing corrective action under 
(c)(1), voids a directive or order denying, sus-
pending, or revoking a security clearance or other-
wise restricting access to classified or sensitive infor-
mation 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 (2)(A), the 
head of the covered agency shall issue an unclassi-
fied report to its IG and authorized members of 
Congress (with a classified annex if necessary), de-
tailing the circumstances of the agency’s re-initiated 
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CCOLEMAN on PROD1PC71 with BILLS
procedures and describing the manner in which 
those procedures are based exclusively on national 
security concerns and are unrelated to the actions 
constituting the original reprisal. The head of the 
covered agency shall also provide periodic updates to 
the IG and authorized members of Congress detail-
ing any significant actions taken as a result of those 
procedures, and shall respond promptly to inquiries 
from authorized Members of Congress regarding the 
status of those procedures. 
‘‘(3) If the head of the covered agency has not 
accepted or rejected the complaint within 210 days 
of the filing of the complaint, and there is no show-
ing that such delay is due to the bad faith of the 
complainant, the complainant shall be deemed to 
have exhausted his or her administrative remedies 
with respect to the complaint, and the complainant 
may bring an action at law or equity for de novo re-
view to seek any relief described in (c)(1) in the ap-
propriate district court of the United States, which 
shall have jurisdiction over such action without re-
gard to the amount in controversy. A petition to re-
view a final decision under this subsection shall be 
filed in the United States Court of Appeals for the 
Federal Circuit. 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘(4) The complainant may obtain review of any 
order issued under this section in the appropriate 
district court of the United States or the United 
States Court of Appeals for the Federal Circuit. No 
petition seeking such review may be filed more than 
60 days after issuance of the order by the head of 
the agency. Review shall conform to chapter 7 of 
title 5. A petition to review a final decision of a dis-
trict court under this subsection shall be filed in the 
United States Court of Appeals for the Federal Cir-
cuit. 
‘‘(5)(A) If, in any action for damages or relief 
under subsections (c)(3) or (c)(4), an executive 
branch agency moves to withhold information from 
discovery based on a claim that disclosure would be 
inimical to national security by asserting the privi-
lege commonly referred to as the ‘‘state secrets privi-
lege,’’ and if the assertion of such privilege prevents 
the plaintiff from establishing an element in support 
of the plaintiff’s claim, the court shall resolve the 
disputed issue of fact or law in favor of the plaintiff, 
provided that an inspector general investigation 
under subsection (b) has resulted in substantial con-
firmation of that element, or those elements, of the 
plaintiff’s claim. 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘(B) In any case in which an executive branch 
agency asserts the privilege commonly referred to as 
the ‘‘state secrets privilege,’’ whether or not an in-
spector general has conducted an investigation under 
subsection (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 or applicant for employment, setting forth 
the date on which the classified information at issue 
will be declassified, and providing all relevant infor-
mation about the underlying substantive matter. 
‘‘(d) CONSTRUCTION.—Nothing in this section may 
be construed to authorize the discharge of, demotion of, 
or discrimination against an employee for a disclosure 
other than a disclosure protected by subsection (a) of this 
section or to modify or derogate from a right or remedy 
otherwise available to the employee or applicant for em-
ployment. 
‘‘(e) DEFINITIONS.—In this section: 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘(1) The term ‘‘covered information,’’ including 
classified information, is information that an em-
ployee reasonably believes to provide direct and spe-
cific evidence of— 
‘‘(A) a violation of any law, rule, or regula-
tion, 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 one of 
the following: 
‘‘(A) The Central Intelligence Agency. 
‘‘(B) The Defense Intelligence Agency. 
‘‘(C) The National Imagery and Mapping 
Agency. 
‘‘(D) The National Security Agency. 
‘‘(E) The Federal Bureau of Investigation. 
‘‘(F) The National Reconnaissance Office. 
‘‘(G) Any other Executive agency, or ele-
ment or unit thereof, determined by the Presi-
dent under section 2302(a)(2)(C)(ii) of title 5, 
United States Code, to have as its principal 
function the conduct of foreign intelligence or 
counterintelligence activities. 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘(3) The term ‘‘authorized member of Con-
gress’’ means a member of the House Permanent 
Select Committee on Intelligence, the Senate Select 
Committee on Intelligence, the House Committee on 
Government Reform, the Senate Committee on 
Homeland Security and Governmental Affairs, and 
the committees of the House of Representatives or 
the Senate that have oversight over the program 
about which the covered information is disclosed.’’. 
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Union Calendar No. 249 
109TH CONGRESS 
2D SESSION 
H. R. 5112 
[Report No. 109–445] 
A BILL 
To provide for reform in the operations of the 
executive branch. 
APRIL 27, 2006 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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