(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: 
‘‘(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.’’. 
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(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 Inves-
tigation, the Central Intelligence Agency, 
the Defense Intelligence Agency, the Na-
tional Geospatial-Intelligence Agency, the 
National Security Agency, the Office of the 
Director of National Intelligence, and the 
National Reconnaissance Office; and 
‘‘(II) as determined by the President, 
any Executive agency or unit thereof the 
principal function of which is the conduct 
of foreign intelligence or counterintel-
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ligence activities, provided that the deter-
mination 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), 
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 
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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-
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 
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‘‘(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 
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. 
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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 
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 
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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— 
(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; 
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(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— 
(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 
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(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— 
(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 
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(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 
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-
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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’’. 
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. 
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‘‘(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 was a contributing 
factor,’’ after ‘‘ordered if’’. 
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. 
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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-
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-
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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 
(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 
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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 
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-
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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 
court determined the allegations to be frivolous 
or malicious; 
(C) an analysis of the outcome of cases de-
scribed under subparagraph (A) that were de-
cided by the United States Court of Appeals for 
the District of Columbia Circuit and the impact 
the process has on the Merit Systems Protec-
tion Board and the Federal court system; and 
(D) any other matter as determined by the 
Comptroller General. 
(b) MERIT SYSTEMS PROTECTION BOARD.— 
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(1) IN GENERAL.—Each report submitted by 
the Merit Systems Protection Board under section 
1116 of title 31, United States Code, shall, with re-
spect to the period covered by such report, include 
as an addendum the following: 
(A) Information relating to the outcome of 
cases decided during the applicable year of the 
report in which violations of section 2302(b)(8) 
or subparagraph (A)(i), (B)(i), (C), or (D) of 
section 2302(b)(9) of title 5, United States 
Code, were alleged. 
(B) The number of such cases filed in the 
regional and field offices, the number of peti-
tions for review filed in such cases, and the out-
comes of such cases. 
(2) FIRST REPORT.—The first report described 
under paragraph (1) submitted after the date of en-
actment of this Act shall include an addendum re-
quired under that paragraph that covers the period 
beginning on the first day of the calendar year in 
which occurs the date of enactment of this Act and 
ending on the last day of the fiscal year in which 
such date of enactment occurs. 
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SEC. 117. ALTERNATIVE REVIEW. 
Section 1221 of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(k)(1) For purposes of this subsection, the term ‘ap-
propriate United States district court’, as used with re-
spect to an alleged prohibited personnel practice, means 
the United States district court for the judicial district 
in which— 
‘‘(A) such prohibited personnel practice is al-
leged to have been committed; or 
‘‘(B) the employee, former employee, or appli-
cant for employment allegedly affected by such pro-
hibited personnel practice resides. 
‘‘(2) An employee, former employee, or applicant for 
employment in any case to which paragraph (4) or (5) 
applies may file an action at law or equity for de novo 
review in the appropriate United States district court. 
‘‘(3) Upon initiation of any action under paragraph 
(2), the Board shall stay any other claims of such em-
ployee, former employee, or applicant pending before the 
Board at that time which arise out of the same set of oper-
ative facts. Such claims shall be stayed pending completion 
of the action filed under paragraph (2) before the appro-
priate United States district court. 
‘‘(4) This paragraph applies in any case in which— 
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‘‘(A) an employee, former employee, or appli-
cant for employment— 
‘‘(i) seeks corrective action from the Merit 
Systems 
Protection 
Board 
under 
section 
1221(a) based on an alleged prohibited per-
sonnel practice, described in section 2302(b)(8) 
or subparagraph (A)(i), (B), (C), or (D) of sec-
tion 2302(b)(9), for which the associated per-
sonnel action is an action covered under section 
7512 or 7542; or 
‘‘(ii) files an appeal under section 7701(a) 
alleging as an affirmative defense the commis-
sion of a prohibited personnel practice, de-
scribed in section 2302(b)(8) or subparagraph 
(A)(i), (B), (C), or (D) of section 2302(b)(9), 
for which the associated personnel action is an 
action covered under section 7512 or 7542; 
‘‘(B) no final order or decision is issued by the 
Board within 270 days after the date on which a re-
quest for that corrective action or appeal has been 
duly submitted, unless the Board determines that 
the employee, former employee, or applicant for em-
ployment engaged in conduct intended to delay the 
issuance of a final order or decision by the Board; 
and 
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‘‘(C) such employee, former employee, or appli-
cant provides written notice to the Board of filing an 
action under this subsection before the filing of that 
action. 
‘‘(5) This paragraph applies in any case in which— 
‘‘(A) an employee, former employee, or appli-
cant for employment— 
‘‘(i) seeks corrective action from the Merit 
Systems 
Protection 
Board 
under 
section 
1221(a) based on an alleged prohibited per-
sonnel practice, described in section 2302(b)(8) 
or subparagraph (A)(i), (B), (C), or (D) of sec-
tion 2302(b)(9), for which the associated per-
sonnel action is an action covered under section 
7512 or 7542; or 
‘‘(ii) 
files 
an 
appeal 
under 
section 
7701(a)(1) alleging as an affirmative defense 
the commission of a prohibited personnel prac-
tice, described in section 2302(b)(8) or sub-
paragraph (A)(i), (B), (C), or (D) of section 
2302(b)(9), for which the associated personnel 
action is an action covered under section 7512 
or 7542; 
‘‘(B)(i) within 30 days after the date on which 
the request for corrective action or appeal was duly 
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submitted, such employee, former employee, or appli-
cant for employment files a motion requesting a cer-
tification consistent with subparagraph (C) to the 
Board or an administrative law judge or other em-
ployee of the Board designated to hear the case; and 
‘‘(ii) such employee has not previously filed a 
motion under clause (i) related to that request for 
corrective action; and 
‘‘(C) the Board or an administrative law judge 
or other employee of the Board designated to hear 
the case certifies that— 
‘‘(i) under standards applicable to the re-
view of motions to dismiss under rule 12(b)(6) 
of the Federal Rules of Civil Procedure, includ-
ing rule 12(d) thereof, the request for corrective 
action (including any allegations made with the 
motion under subparagraph (B)) would not be 
subject to dismissal; and 
‘‘(ii)(I) the Board is not likely to dispose 
of the case within 270 days after the date on 
which a request for that corrective action has 
been duly submitted; or 
‘‘(II) the case— 
‘‘(aa) consists of multiple claims; 
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‘‘(bb) requires complex or extensive 
discovery; 
‘‘(cc) arises out of the same set of op-
erative facts as any civil action against the 
Government filed by the employee, former 
employee, or applicant pending in a court 
of the United States; or 
‘‘(dd) involves a question of law for 
which there is no controlling precedent. 
‘‘(6) The Board shall grant or deny any motion re-
questing a certification described under paragraph 
(5)(C)(ii) within 90 days after the submission of such mo-
tion and the Board may not issue a decision on the merits 
of a request for corrective action within 15 days after 
granting or denying a motion requesting certification. 
‘‘(7)(A) Any decision of the Board or an administra-
tive law judge or other employee of the Board designated 
to hear the case to grant or deny a certification described 
under paragraph (5)(C)(ii) shall be reviewed on appeal of 
a final order or decision of the Board under section 7703 
only if— 
‘‘(i) a motion requesting a certification was de-
nied; and 
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‘‘(ii) the reviewing court vacates the decision of 
the Board on the merits of the claim under the 
standards set forth in section 7703(c). 
‘‘(B) The decision to deny the certification shall be 
overturned by the reviewing court, and an order granting 
certification shall be issued by the reviewing court, if such 
decision is found to be arbitrary, capricious, or an abuse 
of discretion. 
‘‘(C) The reviewing court’s decision shall not be con-
sidered evidence of any determination by the Board, any 
administrative law judge appointed by the Board under 
section 3105, or any employee of the Board designated 
by the Board on the merits of the underlying allegations 
during the course of any action at law or equity for de 
novo review in the appropriate United States district court 
in accordance with this subsection. 
‘‘(8) In any action filed under this subsection— 
‘‘(A) the appropriate United States district 
court shall have jurisdiction without regard to the 
amount in controversy; 
‘‘(B) the court— 
‘‘(i) subject to clause (iii), shall apply the 
standards set forth in subsection (e); and 
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‘‘(ii) may award any relief which the court 
considers appropriate under subsection (g), ex-
cept that— 
‘‘(I) relief for compensatory damages 
may not exceed $300,000; and 
‘‘(II) relief may not include punitive 
damages; and 
‘‘(iii) notwithstanding subsection (e)(2), 
may not order relief if the agency demonstrates 
by clear and convincing evidence that the agen-
cy would have taken the same personnel action 
in the absence of such disclosure; and 
‘‘(C) the Special Counsel may not represent the 
employee, former employee, or applicant for employ-
ment. 
‘‘(9) A petition to review a final order or final deci-
sion of a United States district court under this subsection 
that raises no challenge to the district court’s disposition 
of allegations of a prohibited personnel practice described 
in section 2302(b) other than practices described in sec-
tion 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 Columbia Circuit. All 
other petitions to review any final order or final decision 
of a United States district court in an action brought 
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under this subsection shall be filed in the United States 
Court of Appeals for the Federal Circuit. Notwithstanding 
any other provision of law, any petition for review under 
this paragraph must be filed within 60 days after the date 
the petitioner received notice of the final order or final 
decision of the United States district court. 
‘‘(10) This subsection applies with respect to any ap-
peal, petition, or other request for corrective action duly 
submitted 
to 
the 
Board, 
whether 
under 
section 
1214(b)(2), the preceding provisions of this section, sec-
tion 7513(d), section 7701, or any otherwise applicable 
provision of law, rule, or regulation.’’. 
SEC. 118. MERIT SYSTEMS PROTECTION BOARD SUMMARY 
JUDGMENT. 
Section 1204(b) of title 5, United States Code, is 
amended— 
(1) by redesignating paragraph (3) as para-
graph (4); 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) With respect to a request for corrective action 
based on an alleged prohibited personnel practice de-
scribed in section 2302(b)(8) or subparagraph (A)(i), (B), 
(C), or (D) of section 2302(b)(9) for which the associated 
personnel action is an action covered under section 7512 
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or 7542, the Board, any administrative law judge ap-
pointed by the Board under section 3105TM, or any em-
ployee of the Board designated by the Board may, with 
respect to any party, grant a motion for summary judg-
ment.’’. 
SEC. 119. DISCLOSURES OF CLASSIFIED INFORMATION. 
(a) PROHIBITED PERSONNEL PRACTICES.—Section 
2302(b)(8) of title 5, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘or’’ after 
the semicolon; 
(2) in subparagraph (B), by adding ‘‘or’’ after 
the semicolon; and 
(3) by adding at the end the following: 
‘‘(C) any communication that complies 
with subsection (a)(1), (d), and (h) of section 
8H of the Inspector General Act of 1978 (5 
U.S.C. App.);’’. 
(b) INSPECTOR GENERAL ACT OF 1978.—Section 8H 
of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended— 
(1) in subsection (a)(1), by adding at the end 
the following: 
‘‘(D) An employee of any agency, as that term is de-
fined under section 2302(a)(2)(C) of title 5, United States 
Code, who intends to report to Congress a complaint or 
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information with respect to an urgent concern may report 
the complaint or information to the Inspector General (or 
designee) of the agency of which that employee is em-
ployed.’’; 
(2) in subsection (c), by striking ‘‘intelligence 
committees’’ and inserting ‘‘appropriate commit-
tees’’; 
(3) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘either 
or both of the intelligence committees’’ and in-
serting ‘‘any of the appropriate committees’’; 
and 
(B) in paragraphs (2) and (3), by striking 
‘‘intelligence committees’’ each place it appears 
and inserting ‘‘appropriate committees’’; and 
(4) in subsection (h)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘intelligence’’; and 
(ii) in subparagraph (B), by inserting 
‘‘or an activity involving classified informa-
tion’’ after ‘‘an intelligence activity’’; and 
(B) by striking paragraph (2) and insert-
ing the following: 
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‘‘(2) The term ‘appropriate committees’ means 
the Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Com-
mittee on Intelligence of the Senate, except that, 
with respect to disclosures made by employees de-
scribed in subsection (a)(1)(D), the term ‘appro-
priate committees’ means the committees of appro-
priate jurisdiction.’’. 
SEC. 120. WHISTLEBLOWER PROTECTION OMBUDSMAN. 
(a) IN GENERAL.—Section 3 of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended by striking sub-
section (d) and inserting the following: 
‘‘(d)(1) Each Inspector General shall, in accordance 
with applicable laws and regulations governing the civil 
service— 
‘‘(A) appoint an Assistant Inspector General for 
Auditing, who shall have the responsibility for super-
vising the performance of auditing activities relating 
to programs and operations of the establishment; 
‘‘(B) appoint an Assistant Inspector General for 
Investigations, who shall have the responsibility for 
supervising the performance of investigative activi-
ties relating to such programs and operations; and 
‘‘(C) designate a Whistleblower Protection Om-
budsman, who shall educate agency employees— 
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‘‘(i) about prohibitions on retaliation for 
protected disclosures; and 
‘‘(ii) who have made or are contemplating 
making a protected disclosure about the rights 
and remedies against retaliation for protected 
disclosures. 
‘‘(2) The Whistleblower Protection Ombudsman shall 
not act as a legal representative, agent, or advocate of the 
employee or former employee. 
‘‘(3) For the purposes of this section, the requirement 
of the designation of a Whistleblower Protection Ombuds-
man under paragraph (1)(C) shall not apply to— 
‘‘(A) any agency that is an element of the intel-
ligence community (as defined in section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4))); 
or 
‘‘(B) as determined by the President, any exec-
utive agency or unit thereof the principal function of 
which is the conduct of foreign intelligence or 
counter intelligence activities.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 8D(j) of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended— 
(1) by striking ‘‘section 3(d)(1)’’ and inserting 
‘‘section 3(d)(1)(A)’’; and 
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(2) by striking ‘‘section 3(d)(2)’’ and inserting 
‘‘section 3(d)(1)(B)’’. 
SEC. 121. PILOT PROGRAM FOR ENHANCEMENT OF CON-
TRACTOR EMPLOYEE WHISTLEBLOWER PRO-
TECTIONS. 
(a) PILOT PROGRAM.— 
(1) IN
GENERAL.—Chapter 47 of title 41, 
United States Code, is amended by inserting after 
section 4705 the following new section: 
‘‘§ 4705a. Pilot program for enhancement of protec-
tion of contractor employees from re-
prisal for disclosure of certain informa-
tion 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CONTRACT.—The term ‘contract’ means a 
contract awarded by the head of an executive agen-
cy. 
‘‘(2) 
CONTRACTOR.—The 
term 
‘contractor’ 
means a person awarded a contract or a grant with 
an executive agency. 
‘‘(3) INSPECTOR GENERAL.—The term ‘Inspec-
tor General’ means an Inspector General appointed 
under the Inspector General Act of 1978 (5 U.S.C. 
App.) and any Inspector General that receives fund-
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ing from, or has oversight over contracts awarded 
for or on behalf of, an executive agency. 
‘‘(b) PROHIBITION OF REPRISALS.—An employee of 
a contractor may not be discharged, demoted, or otherwise 
discriminated against as a reprisal for disclosing to a 
Member of Congress, a representative of a committee of 
Congress, an Inspector General, the Government Account-
ability Office, an agency employee responsible for contract 
oversight or management, an authorized official of an ex-
ecutive agency or the Department of Justice information 
that the employee reasonably believes is evidence of gross 
mismanagement of a contract or grant, a gross waste of 
agency funds, a substantial and specific danger to public 
health or safety, or a violation of a law related to a con-
tract (including the competition for or negotiation of a 
contract) or grant. 
‘‘(c) INVESTIGATION OF COMPLAINTS.— 
‘‘(1) INVESTIGATION.—An individual who be-
lieves that the individual has been subjected to a re-
prisal prohibited by subsection (b) may submit a 
complaint to the Inspector General of the executive 
agency. Unless the Inspector General determines 
that the complaint is frivolous, the Inspector General 
shall investigate the complaint and, on completion of 
the investigation, submit a report of the findings of 
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the investigation to the individual, the contractor 
concerned, and the head of the agency. If the execu-
tive agency does not have an Inspector General, the 
duties of the Inspector General under this section 
shall be performed by an official designated by the 
head of the executive agency. 
‘‘(2) DEADLINE.—(A) Except as provided 
under subparagraph (B), the Inspector General shall 
make a determination that a complaint is frivolous 
or submit a report under paragraph (1) within 180 
days after receiving the complaint. 
‘‘(B) If the Inspector General is unable to com-
plete an investigation in time to submit a report 
within the 180-day period specified in subparagraph 
(A) and the person submitting the complaint agrees 
to an extension of time, the Inspector General shall 
submit a report under paragraph (1) within such ad-
ditional period of time as shall be agreed upon be-
tween the Inspector General and the person submit-
ting the complaint. 
‘‘(d) REMEDY AND ENFORCEMENT AUTHORITY.— 
‘‘(1) ACTIONS CONTRACTOR MAY BE ORDERED 
TO TAKE.—Not later than 30 days after receiving an 
Inspector General report pursuant to subsection (c), 
the head of the agency concerned shall determine 
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whether there is sufficient basis to conclude that the 
contractor concerned has subjected the complainant 
to a reprisal prohibited by subsection (b) and shall 
either issue an order denying relief or shall take one 
or more of the following actions: 
‘‘(A) ABATEMENT.—Order the contractor 
to take affirmative action to abate the reprisal. 
‘‘(B) REINSTATEMENT.—Order the con-
tractor to reinstate the individual to the posi-
tion that the individual held before the reprisal, 
together with the compensation (including back 
pay), employment benefits, and other terms and 
conditions of employment that would apply to 
the individual in that position if the reprisal 
had not been taken. 
‘‘(C) PAYMENT.—Order the contractor to 
pay the complainant an amount equal to the 
aggregate amount of all costs and expenses (in-
cluding attorneys’ fees and expert witnesses’ 
fees) that the complainant reasonably incurred 
for, or in connection with, bringing the com-
plaint regarding the reprisal, as determined by 
the head of the executive agency. 
‘‘(2) DE NOVO ACTION.—If the head of an exec-
utive agency issues an order denying relief under 
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paragraph (1) or has not issued an order within 210 
days after the submission of a complaint under sub-
section (c), or in the case of an extension of time 
under paragraph (c)(2)(B), not later than 30 days 
after the expiration of the extension of time, 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 all administrative rem-
edies with respect to the complaint, and the com-
plainant may bring a de novo action at law or equity 
against the contractor to seek compensatory dam-
ages 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. Such 
an action shall, at the request of either party to the 
action, be tried by the court with a jury. 
‘‘(3) EVIDENCE.—An Inspector General deter-
mination and an agency head order denying relief 
under paragraph (2) shall be admissible in evidence 
in any de novo action at law or equity brought pur-
suant to this subsection. 
‘‘(4) ENFORCEMENT
ORDER.—When a con-
tractor fails to comply with an order issued under 
paragraph (1), the head of the executive agency 
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shall file an action for enforcement of the order in 
the United States district court for a district in 
which the reprisal was found to have occurred. In an 
action brought under this paragraph, the court may 
grant appropriate relief, including injunctive relief 
and compensatory and exemplary damages. 
‘‘(5) REVIEW
OF
ENFORCEMENT
ORDER.—A 
person adversely affected or aggrieved by an order 
issued under paragraph (1) may obtain review of the 
order’s conformance with this subsection, and regu-
lations issued to carry out this section, in the United 
States court of appeals for a circuit in which the re-
prisal is alleged in the order to have occurred. A pe-
tition seeking review must be filed no more than 60 
days after the head of the agency issues the order. 
Review shall conform to chapter 7 of title 5. 
‘‘(e) SCOPE OF SECTION.—This section does not— 
‘‘(1) authorize the discharge of, demotion of, or 
discrimination against an employee for a disclosure 
other than a disclosure protected by subsection (b); 
or 
‘‘(2) modify or derogate from a right or remedy 
otherwise available to the employee. 
‘‘(f) DURATION OF SECTION.—This section shall be 
in effect for the two-year period beginning on the date of 
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the enactment of the Whistleblower Protection Enhance-
ment Act of 2011.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 47 of title 41, 
United States Code, is amended by inserting after 
the item relating to section 4705 the following new 
item: 
‘‘4705a. Pilot program for enhancement of protection of contractor employees 
from reprisal for disclosure of certain information.’’. 
(b) SUSPENSION OF EFFECTIVENESS OF SECTION 
4705 WHILE PILOT PROGRAM IN EFFECT.—Section 4705 
of title 41, United States Code, is amended by adding at 
the end the following new subsection: 
‘‘(f) TWO-YEAR SUSPENSION
OF EFFECTIVENESS 
WHILE PILOT PROGRAM
IN EFFECT.—While section 
4705a of this title is in effect, this section shall not be 
in effect.’’. 
(c) GOVERNMENT ACCOUNTABILITY OFFICE STUDY 
AND REPORT.— 
(1) STUDY.—Not later than one year after the 
date of the enactment of this Act, the Comptroller 
General shall begin conducting a study to evaluate 
the implementation of section 4705a of title 41, 
United States Code, as added by subsection (a). 
(2) REPORT.—Not later than 18 months after 
the date of the enactment of this Act, the Comp-
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troller General shall submit to Congress a report on 
the results of the study required by paragraph (1), 
with such findings and recommendations as the 
Comptroller General considers appropriate. 
TITLE II—INTELLIGENCE COM-
MUNITY 
WHISTLEBLOWER 
PROTECTIONS 
SEC. 201. PROTECTION OF INTELLIGENCE COMMUNITY 
WHISTLEBLOWERS. 
(a) IN GENERAL.—Chapter 23 of title 5, United 
States Code, is amended by inserting after section 2303 
the following: 
‘‘§ 2303a. Prohibited personnel practices in the intel-
ligence community 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘agency’ means an executive de-
partment or independent establishment, as defined 
under sections 101 and 104, that contains an intel-
ligence community element, except the Federal Bu-
reau of Investigation; 
‘‘(2) the term ‘intelligence community ele-
ment’— 
‘‘(A) means— 
‘‘(i) the Central Intelligence Agency, 
the Defense Intelligence Agency, the Na-
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tional Geospatial-Intelligence Agency, the 
National Security Agency, the Office of the 
Director of National Intelligence, and the 
National Reconnaissance Office; and 
‘‘(ii) any executive agency or unit 
thereof determined by the President under 
section 2302(a)(2)(C)(ii) of title 5, United 
States Code, to have as its principal func-
tion the conduct of foreign intelligence or 
counterintelligence activities; and 
‘‘(B) does not include the Federal Bureau 
of Investigation; and 
‘‘(3) the term ‘personnel action’ means any ac-
tion described in clauses (i) through (x) of section 
2302(a)(2)(A) with respect to an employee in a posi-
tion in an intelligence community element (other 
than a position of a confidential, policy-determining, 
policymaking, or policy-advocating character). 
‘‘(b) IN GENERAL.—Any employee of an agency who 
has authority to take, direct others to take, recommend, 
or approve any personnel action, shall not, with respect 
to such authority, take or fail to take a personnel action 
with respect to any employee of an intelligence community 
element as a reprisal for a disclosure of information by 
the employee to the Director of National Intelligence (or 
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an employee designated by the Director of National Intel-
ligence for such purpose), or to the head of the employing 
agency (or an employee designated by the head of that 
agency for such purpose), which the employee reasonably 
believes evidences— 
‘‘(1) a violation of any law, rule, or regulation, 
except for an alleged violation that occurs during the 
conscientious carrying out of official duties; or 
‘‘(2) mismanagement, a gross waste of funds, 
an abuse of authority, or a substantial and specific 
danger to public health or safety. 
‘‘(c) ENFORCEMENT.—The President shall provide 
for the enforcement of this section in a manner consistent 
with applicable provisions of sections 1214 and 1221. 
‘‘(d) EXISTING RIGHTS PRESERVED.—Nothing in 
this section shall be construed to— 
‘‘(1) preempt or preclude any employee, or ap-
plicant for employment, at the Federal Bureau of 
Investigation from exercising rights currently pro-
vided under any other law, rule, or regulation, in-
cluding section 2303; 
‘‘(2) repeal section 2303; or 
‘‘(3) provide the President or Director of Na-
tional Intelligence the authority to revise regulations 
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guarding classified information with industry), or any suc-
cessor thereto, that meet the requirements of section 
3001(b)(7) of such Act, as so amended. 
SEC. 203. REVISIONS RELATING TO THE INTELLIGENCE 
COMMUNITY WHISTLEBLOWER PROTECTION 
ACT. 
(a) IN GENERAL.—Section 8H of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.) is amended— 
(1) in subsection (b)— 
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(B) by adding at the end the following: 
‘‘(2) If the head of an establishment determines that 
a complaint or information transmitted under paragraph 
(1) would create a conflict of interest for the head of the 
establishment, the head of the establishment shall return 
the complaint or information to the Inspector General with 
that determination and the Inspector General shall make 
the transmission to the Director of National Intelligence. 
In such a case, the requirements of this section for the 
head of the establishment apply to the recipient of the In-
spector General’s transmission. The Director of National 
Intelligence shall consult with the members of the appel-
late review board established under section 204 of the 
Whistleblower Protection Enhancement Review Act of 
2011 regarding all transmissions under this paragraph.’’; 
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(2) by designating subsection (h) as subsection 
(i); and 
(3) by inserting after subsection (g), the fol-
lowing: 
‘‘(h) An individual who has submitted a complaint or 
information to an Inspector General under this section 
may notify any member of Congress or congressional staff 
member of the fact that such individual has made a sub-
mission to that particular Inspector General, and of the 
date on which such submission was made.’’. 
(b) CENTRAL
INTELLIGENCE
AGENCY.—Section 
17(d)(5) of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403q) is amended— 
(1) in subparagraph (B)— 
(A) by inserting ‘‘(i)’’ after ‘‘(B)’’; and 
(B) by adding at the end the following: 
‘‘(ii) If the Director determines that a complaint or 
information transmitted under paragraph (1) would create 
a conflict of interest for the Director, the Director shall 
return the complaint or information to the Inspector Gen-
eral with that determination and the Inspector General 
shall make the transmission to the Director of National 
Intelligence. In such a case the requirements of this sub-
section for the Director apply to the recipient of the In-
spector General’s submission; and’’; and 
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H3289
smartinez on DSK6TPTVN1PROD with BILLS