In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
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Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Significant Regulation Oversight Act 
of 2001''.

SEC. 2. FINDING AND PURPOSE.

    (a) Finding.--The Congress finds that oversight of significant 
rules will be enhanced if they are subject to congressional review and 
approval after being proposed by an agency.
    (b) Purpose.--The purpose of this Act is to ensure that before a 
significant rule takes effect--
            (1) Congress is given an adequate opportunity to review the 
        rule and ensure that it is in accordance with the intent of 
        Congress in enacting the law under which the rule is proposed; 
        and
            (2) Congress approves the rule in accordance with the 
        procedures established by this Act.

SEC. 3. REVIEW OF SIGNIFICANT RULES BY CONGRESS.

    (a) Congressional Approval of Significant Rules Required.--A 
significant rule shall not take effect before the date of the enactment 
of a joint resolution described in section 4(a) comprised solely of the 
text of the significant rule.
    (b) Reporting and Review of Significant Rules.--(1) Before a 
proposed significant rule would take effect as a final rule, the agency 
proposing the rule shall submit to each House of Congress a report 
containing the following:
            (A) A copy of the proposed significant rule.
            (B) A concise summary of the proposed significant rule, its 
        purpose, and anticipated effects.
            (C) A complete copy of any cost-benefit analysis report 
        that has been prepared by the agency with respect to the 
        proposed significant rule.
            (D) An explanation of the specific statutory interpretation 
        under which a rule is proposed, including an explanation of--
                    (i) whether the interpretation is expressly 
                required by the text of the statute; or
                    (ii) if the interpretation is not expressly 
                required by the text of the statute, an explanation 
                that the interpretation is within the range of 
                permissible interpretations of the statute as 
                identified by the agency, and an explanation why the 
                interpretation selected by the agency is the agency's 
                preferred interpretation.
            (E) Any other relevant information or requirements under 
        any other Act and any relevant Executive order.
    (2) Upon receipt of a report under paragraph (1), each House of 
Congress shall provide a copy of the report to the Chairman and ranking 
minority party member of each committee with jurisdiction over the 
subject matter of the report.
    (c) No Inference To Be Drawn Where Congress Fails To Approve.--If 
Congress fails to enact a joint resolution approving a proposed 
significant rule, no court or agency may infer any intent of Congress 
from any action or inaction of Congress with regard to such rule or any 
related statute.

SEC. 4. CONGRESSIONAL APPROVAL PROCEDURE FOR SIGNIFICANT RULES.

    (a) Introduction.--The majority leader of each House of the 
Congress shall introduce (by request) a joint resolution comprised 
solely of the text of a proposed significant rule not later than 3 
session days in the Senate or 3 legislative days in the House of 
Representatives after the date on which an agency submits a report 
under section 3(b) containing the text of the proposed significant 
rule. If the joint resolution is not introduced in either House as 
provided in the preceding sentence, then any Member of that House may 
introduce the joint resolution.
    (b) Referral and Consideration.--(1) The joint resolution shall be 
referred to the appropriate committee of the House in which it is 
introduced. The committee may report the joint resolution without 
substantive revision and with or without recommendation or with an 
adverse recommendation, or the committee may vote not to report the 
joint resolution. If the committee votes to order the joint resolution 
reported, it shall be reported not later than the end of the period 
(not to exceed 45 session days in the Senate or 45 legislative days in 
the House of Representatives) established for consideration of the 
joint resolution by the Speaker of the House of Representatives or the 
majority leader of the Senate, as the case may be. Except in the case 
of a joint resolution which a committee votes not to report, a 
committee failing to report a joint resolution within such period shall 
be automatically discharged from consideration of the joint resolution, 
and it shall be placed on the appropriate calendar.
    (2) A vote on final passage of the joint resolution shall be taken 
in that House on or before the close of the 90th session day in the 
Senate or 90th legislative day in the House of Representatives after 
the date of the introduction of the joint resolution in that House.
    (3)(A) A motion in the House of Representatives to proceed to the 
consideration of a joint resolution under this section shall be highly 
privileged and not debatable. An amendment to the motion shall not be 
in order, nor shall it be in order to move to reconsider the vote by 
which the motion is agreed to or disagreed to.
    (B) Debate in the House of Representatives on a joint resolution 
under this section shall be limited to not more than 4 hours, which 
shall be divided equally between those favoring and those opposing the 
joint resolution. A motion further to limit debate shall not be 
debatable. It shall not be in order to move to recommit a joint 
resolution under this section or to move to reconsider the vote by 
which the joint resolution is agreed to or disagreed to.
    (C) All appeals from the decisions of the chair relating to the 
application of the Rules of the House of Representatives to the 
procedure relating to a joint resolution under this section shall be 
decided without debate.
    (D) Except to the extent specifically provided in the preceding 
provisions of this subsection, consideration of a joint resolution 
under this section shall be governed by the Rules of the House of 
Representatives applicable to other joint resolutions in similar 
circumstances.
    (4)(A) A motion in the Senate to proceed to the consideration of a 
joint resolution under this section shall be privileged and not 
debatable. An amendment to the motion shall not be in order, nor shall 
it be in order to move to reconsider the vote by which the motion is 
agreed to or disagreed to.
    (B) Debate in the Senate on a joint resolution under this section, 
and all debatable motions and appeals in connection therewith, shall be 
limited to not more than 10 hours. The time shall be equally divided 
between, and controlled by, the majority leader and the minority leader 
or their designees.
    (C) Debate in the Senate on any debatable motion or appeal in 
connection with a joint resolution under this section shall be limited 
to not more than 1 hour, to be equally divided between, and controlled 
by, the mover and the manager of the joint resolution, except that in 
the event the manager of the joint resolution is in favor of any such 
motion or appeal, the time in opposition thereto, shall be controlled 
by the minority leader or his designee. Such leaders, or either of 
them, may, from time under their control on the passage of a joint 
resolution, allot additional time to any Senator during the 
consideration of any debatable motion or appeal.
    (D) A motion in the Senate to further limit debate on a joint 
resolution under this section is not debatable. A motion to recommit a 
joint resolution under this section is not in order.
    (c) Amendments Prohibited.--No amendment to a joint resolution 
considered under this section shall be in order in either the House of 
Representatives or the Senate. No motion to suspend the application of 
this subsection shall be in order in either House, nor shall it be in 
order in either House for the presiding officer to entertain a request 
to suspend the application of this subsection by unanimous consent.
    (d) Treatment if the Other House Has Acted.--If, before the passage 
by one House of a joint resolution of that House described in 
subsection (a), that House receives from the other House a joint 
resolution described in subsection (a) comprised of the same text, 
then--
            (1) the procedure in that House shall be the same as if no 
        joint resolution had been received from the other House, and
            (2) the vote on final passage shall be on the joint 
        resolution of the other House.
    (e) Constitutional Authority.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such it 
        is deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        subsection (a), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as  relating to the 
procedure of that House) at any time, in the same manner, and to the 
same extent as in the case of any other rule of that House.

SEC. 5. EXISTING RULES.

    (a) In General.--Any existing rule may be revised or revoked in 
accordance with this section if a petition for review so requests.
    (b) Introduction.--If a petition for review is filed with the Clerk 
of the House of Representatives or the Secretary of the Senate, the 
Clerk or the Secretary shall determine whether the petition meets the 
requirements of subsection (d). If the Clerk or the Secretary 
determines that a petition meets those requirements, he or she shall 
notify the majority leader of that House. The majority leader so 
notified shall, within 3 session days in the Senate or 3 legislative 
days in the House of Representatives, introduce a joint resolution (by 
request) that makes the revision or revocation of existing rules 
proposed by the petition upon the enactment of that joint resolution. 
If the joint resolution is not introduced as provided in the preceding 
sentence, then any Member of that House may introduce the joint 
resolution.
    (c) Procedures for Consideration in the House of Representatives 
and the Senate.--Any joint resolution introduced under subsection (b) 
shall be considered in the House of Representatives and the Senate in 
accordance with the procedures respecting a joint resolution set forth 
in section 4.
    (d) Petitions for Review.--A petition for review under subsection 
(a) shall contain the following:
            (1) Any rule affected by the petition and the contents of 
        that rule as it would exist if a joint resolution revising or 
        revoking that rule pursuant to the petition were enacted.
            (2) For a petition in the Senate, the signatures of 30 
        Senators, or for a petition in the House of Representatives, 
        the signatures of 120 Members.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 551 of title 5, United States Code (relating to 
        administrative procedure).
            (2) Session day and legislative day.--The terms ``session 
        day'' and ``legislative day'' do not include, with respect to a 
        House of the Congress, any day throughout which that House is 
        not in session.
            (3) Rule.--(A) The term ``rule'' has the meaning given such 
        term by section 551 of title 5, United States Code, except that 
        such term does not include--
                    (i) any rule of particular applicability including 
                a rule that approves or prescribes--
                            (I) future rates, wages, prices, services, 
                        or allowances therefor,
                            (II) corporate or financial structures, 
                        reorganizations, mergers, or acquisitions 
                        thereof, or
                            (III) accounting practices or disclosures 
                        bearing on any of the foregoing, or
                    (ii) any rule of agency organization, personnel, 
                procedure, practice, or any routine matter.
            (B) The term ``final rule'' means any final rule or interim 
        final rule.
            (4) Significant rule.--The term ``significant rule'' means 
        any rule proposed by an agency that is specified or described 
        as such in the Act that authorizes the rule.

SEC. 7. EXEMPTION FOR MONETARY POLICY.

    Nothing in this Act applies to any rule concerning monetary policy 
proposed or implemented by the Board of Governors of the Federal 
Reserve System or the Federal Open Market Committee.

Answer: Significant Regulation Oversight Act of 2001 - Prohibits a significant rule from taking effect before the enactment of a joint resolution described in this Act comprising solely of the text of such rule. Calls for congressional reporting and review of significant rules before they take effect as final rules.Provides that, if Congress fails to enact a joint resolution approving the proposed rule, no court or agency may infer any intent of Congress from any action or inaction with regard to such rule or any related statute.Sets forth: (1) the congressional approval procedure for significant rules; and (2) provisions with respect to revising or revoking an existing rule.Exempts from this Act rules concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mercury Reduction and Energy 
Security Act of 2010''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Environmental Protection Agency (``EPA'') was 
        required by the terms of the Clean Air Act Amendments of 1990 
        and a 1998 consent agreement to determine whether regulation of 
        mercury from electric utility steam generating units under 
        section 112 of the Clean Air Act was appropriate and necessary.
            (2) In a December 2000, regulatory finding, the EPA 
        concluded that regulation of mercury from electric utility 
        steam generating units was appropriate and necessary.
            (3) In 2005, the EPA withdrew its 2000 regulatory finding 
        in favor of a national cap-and-trade system for mercury 
        emissions from electric utility steam generating units, the 
        Clean Air Mercury Rule (``CAMR'').
            (4) CAMR was subsequently challenged in petitions for 
        review filed by 17 States.
            (5) The United States Court of Appeals for the District of 
        Columbia Circuit vacated the rule on February 8, 2008, finding 
        that once the EPA had listed electric utility steam generating 
        units as a source of hazardous air pollutants, it was required 
        by law to proceed with Maximum Achievable Control Technology 
        (``MACT'') regulations under section 112 of the Clean Air Act 
        unless it delisted the source category, under procedures set 
        forth in section 112(c)(9).
            (6) Mercury control technologies for coal-fired electric 
        utility steam generating units have advanced rapidly in the 
        last few years.
    (b) Purpose.--The purpose of this Act is to protect public health 
and welfare, and the environment, through mercury emission reductions 
from electric utility steam generating units.

SEC. 3. MERCURY EMISSION REDUCTIONS.

    The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at 
the end the following new title:

                    ``TITLE VII--MERCURY REDUCTIONS

``SEC. 701. DEFINITIONS.

    ``In this title:
            ``(1) Affected unit.--The term `affected unit' means a 
        coal-fired electric steam generating unit (including a 
        cogeneration unit) that--
                    ``(A) has a nameplate capacity greater than 25 
                megawatts; and
                    ``(B) generates electricity for sale.
            ``(2) Cogeneration unit.--The term `cogeneration unit' 
        means a stationary, coal-fired boiler or a stationary, coal-
        fired combustion turbine having equipment used to produce 
        electricity and useful thermal energy for industrial, 
        commercial, heating, or cooling purposes through the sequential 
        use of energy that produces during the 12-month period starting 
        on the date the unit first produces electricity and during any 
        calendar year after which the unit first produces electricity--
                    ``(A) for a topping-cycle cogeneration unit--
                            ``(i) useful thermal energy not less than 5 
                        percent of total energy output; and
                            ``(ii) useful power that, when added to 
                        one-half of useful thermal energy produced, is 
                        not less than--
                                    ``(I) 42.5 percent of total energy 
                                input if useful thermal energy produced 
                                is 15 percent or more of total energy 
                                output; or
                                    ``(II) 45 percent of total energy 
                                input if useful thermal energy produced 
                                is less than 15 percent of total energy 
                                output; and
                    ``(B) for a bottoming-cycle cogeneration unit, 
                useful power not less than 45 percent of total energy 
                input.
            ``(3) Inlet mercury.--The term `inlet mercury' means the 
        quantity of mercury found--
                    ``(A) in the as-fired coal used by an affected 
                unit; or
                    ``(B) for an affected unit using coal that is 
                subjected to an advanced coal cleaning technology, in 
                the as-mined coal used by the affected unit.

``SEC. 702. MERCURY REDUCTION PROGRAM.

    ``(a) Annual Limitation for Affected Units.--Except as provided in 
subsection (f), an affected unit in operation before or after the date 
of enactment of this title shall be subject to the following emission 
limitations on an annual average calendar year basis with respect to 
mercury:
            ``(1) Calendar years 2012 through 2014.--For the period 
        beginning on January 1, 2012, and ending on December 31, 2014, 
        the less stringent limitation of the following (calculated on a 
        one-year rolling average):
                    ``(A) 80 percent capture of inlet mercury.
                    ``(B) An emission rate of 1.60 pounds of mercury 
                per trillion British thermal units of input coal.
            ``(2) Calendar year 2015 and thereafter.--For calendar year 
        2015 and each calendar year thereafter, the less stringent 
        limitation of the following (calculated on a one-year rolling 
        average):
                    ``(A) 90 percent capture of inlet mercury.
                    ``(B) An emission rate of 0.80 pounds of mercury 
                per trillion British thermal units of input coal.
    ``(b) Averaging Across Units Within a Facility or State.--(1) An 
owner or operator of more than one affected unit at a single facility 
may demonstrate compliance with the applicable annual average emission 
limitations under subsection (a) by averaging emissions from all 
affected units at that facility, weighted by total input coal British 
thermal units.
    ``(2) An owner or operator of more than one affected unit or units 
within a State may demonstrate compliance with the applicable annual 
average emission limitations under subsection (a) by averaging 
emissions from all affected units owned or operated by that owner or 
operator within such State, weighted by total input coal British 
thermal units, if all affected units are owned or operated by the same 
entity.
    ``(3) If an affected unit is owned or operated by more than one 
entity, the State in which the affected unit is located shall allocate 
to each such owner or operator an appropriate portion of the generation 
from the affected unit for purposes of averaging emissions pursuant to 
paragraph (1) or (2).
    ``(c) Reference Methods for Measuring Mercury Emissions.--(1) The 
owner or operator of an affected unit shall use any of the following 
methods as a reference method to calibrate the instruments used to 
measure the mercury concentration in emissions from affected units:
                    ``(A) ASTM D6784-02, `Standard Test Method for 
                Elemental, Oxidized, Particle-Bound and Total Mercury 
                in Flue Gas Generated from Coal-Fired Stationary 
                Sources' (Ontario Hydro Method).
                    ``(B) 40 C.F.R. Part 60, Appendix A-8, Method 29, 
                `Determination of Metals Emissions from Stationary 
                Sources'.
                    ``(C) 40 C.F.R. Part 60, Appendix A-8, Method 30A, 
                `Determination of Total Vapor Phase Mercury Emissions 
                from Stationary Sources (Instrumental Analyzer 
                Procedure)'.
                    ``(D) 40 C.F.R. Part 60, Appendix A-8, Method 30B, 
                `Determination of Total Vapor Phase Mercury Emissions 
                from Coal-Fired Combustion Sources Using Carbon Sorbent 
                Traps'.
    ``(2) The Administrator may revise or supplement the list of 
permitted methods set forth in paragraph (1) to reflect improvements or 
other developments in the measurement of mercury emissions from coal-
fired electric steam generating units.
    ``(d) Monitoring System.--(1) The owner or operator of an affected 
unit shall install and operate a continuous emissions monitoring system 
(CEMS) to measure the quantity of mercury that is emitted from each 
affected unit.
    ``(2) For purposes of complying with paragraph (1), the owner or 
operator of an affected unit may use--
            ``(A) any CEMS that meets the requirements in Performance 
        Specification 12A (PS-12A), `Specifications and Test Procedures 
        for Total Vapor-Phase Mercury Continuous Monitoring Systems in 
        Stationary Sources';
            ``(B) a mercury concentration CEMS that meets the 
        requirements of 40 C.F.R. Part 75; or
            ``(C) a sorbent trap monitoring system that meets the 
        requirements of 40 C.F.R. 75.15 and 40 C.F.R. Part 75, Appendix 
        K, `Quality Assurance and Operating Procedures for Sorbent Trap 
        Monitoring Systems';
            ``(3) The Administrator may revise or supplement the list 
        of permitted monitoring systems set forth in paragraph (2) to 
        reflect improvements or other developments in mercury emissions 
        reduction technologies and mercury emissions monitoring 
        systems.
    ``(e) Excess Emissions.--(1) Except as provided in subsection (f), 
the owner or operator of an affected unit that emits mercury in excess 
of the applicable annual average emission limitation under subsection 
(a) shall pay an excess emissions penalty determined under paragraph 
(2).
    ``(2) The excess emissions penalty for mercury shall be an amount 
equal to $50,000 for each pound of mercury emitted in excess of the 
applicable annual average emission limitation under subsection (a). 
Such penalty shall be prorated for each fraction of a pound.
    ``(f) Best Practices.--(1) Effective, January 1, 2015, if the owner 
or operator of any affected unit fails to achieve the annual average 
emission limitation under subsection (a)(2), such owner or operator may 
notify the Administrator of such failure prior to March 1, 2015, and 
request an alternate emissions limitation for mercury with respect to 
such affected unit. Such owner or operator shall submit to the 
Administrator mercury emissions data measured by a CEMS that complies 
with subsection (d) for evaluation. If the Administrator determines 
that such owner or operator has properly installed and operated such 
CEMS and control technology designed to achieve such annual average 
emission limitation and is unable to meet such limitation, the 
Administrator may, not later than April 1, 2016, establish an alternate 
emissions limitation for mercury with respect to such affected unit 
based on the optimal performance of properly installed and operated 
control technology.
    ``(2) With respect to any affected unit, for any year for which an 
alternate emissions limitation for mercury is in place for such 
affected unit, the Administrator may review such alternate emissions 
limitation and impose a more stringent emissions limitation for mercury 
for the subsequent year based on new data regarding the demonstrated 
control capabilities of the type of control technology installed and 
operated at such affected unit.
    ``(3)(A) Except as provided in subparagraph (B), an owner or 
operator of an affected unit failing to achieve the annual average 
emission limitation under subsection (a)(2) that notifies the 
Administrator of such failure and requests and alternate emissions 
limitation for mercury pursuant to paragraph (1) shall be considered in 
compliance with this section (and not subject to any excess emissions 
penalty) for the period beginning on January 1, 2015, and ending on the 
date such an alternate emissions limitation is implemented.
    ``(B) An owner or operator described in subparagraph (A) shall pay 
an excess emissions penalty, as determined under subsection (e)(2), for 
the period described in such subparagraph, if such owner or operator 
operates or maintains the affected unit, including any associated air 
pollution control equipment, in a manner that is inconsistent with good 
air pollution control practices for the minimization of mercury 
emissions, as determined by the Administrator. In determining whether 
the owner or operator of the affected unit operates and maintains the 
affected unit in a manner that is consistent with good air pollution 
control practices for the minimization of mercury emissions, the 
Administrator may review the emissions monitoring data and operating 
and maintenance procedures of the affected unit and may inspect the 
affected unit.
    ``(4)(A) With respect to any affected unit for which an alternate 
emissions limitation for mercury is in place under this subsection, the 
owner or operator of such affected unit that emits mercury in excess of 
such alternate emissions limitation shall pay an excess emissions 
penalty determined under subparagraph (B).
    ``(B) The excess emissions penalty for mercury for an owner or 
operator of an affected unit described in subparagraph (A) shall be an 
amount equal to $50,000 for each pound of mercury emitted in excess of 
the alternate emissions limitation for mercury in place for such 
affected unit. Such penalty shall be prorated for each fraction of a 
pound.
    ``(g) Sole Limitation on Mercury.--This title shall apply the sole 
emission standard or limitation under this Act with regard to the 
emission of mercury from electric utility steam generating units and 
shall supersede any other such requirement under section 112 or any 
other provision of this Act.
    ``(h) Relationship to Other Law.--Except as otherwise specifically 
provided in this title, nothing in this title precludes a State or 
political subdivision of a State from adopting or enforcing any 
additional requirements for the control or abatement of mercury 
emissions, except that no State or political subdivision thereof shall 
adopt or attempt to enforce any standard relating to the reduction or 
control of mercury emissions from electric utility steam generating 
units that is less stringent than the standards provided in this 
title.''.

Answer: Mercury Reduction and Energy Security Act of 2010 - Amends the Clean Air Act to require affected units (coal-fired electric steam generating units that have nameplate capacities greater than 25 megawatts and generate electricity for sale) to reduce mercury emissions by the less stringent limitation of: (1) 80% capture of inlet mercury or an emission rate of 1.6 pounds of mercury per trillion British thermal units (Btu) of input coal for the period beginning on January 1, 2012, and ending December 31, 2014; and (2) 90% capture of inlet mercury or an emission rate of 0.8 pounds of mercury per trillion Btu of input coal by 2015 and each year thereafter.

Specifies methods that owners or operators of affected units are required to use as reference methods in calibrating the instruments used to measure the mercury concentrations in emissions from affected units.

Establishes excess emissions penalties for mercury. Sets forth compliance provisions.

Authorizes: (1) owners or operators of affected units that fail to achieve such limitations to request an alternate emission limitation; (2) the Administrator of the Environmental Protection Agency (EPA) to establish alternate limitations if the Administrator determines that the owner or operator has properly installed and operated continuous emissions monitoring system and control technology designed to achieve such limitations and is unable to achieve such limitations; and (3) the Administrator, after granting alternate limitations, to impose more stringent emissions limitations in subsequent years. Makes such alternate limitations effective January 1, 2015.

Provides that this Act supersedes any other requirement in such Act with regard to the emission of mercury from electric utility steam generating units.


Question: SECTION 1. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY FEDERAL 
              EMPLOYEES.

    (a) Clarification of Disclosures Covered.--Section 2302(b)(8) of 
title 5, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``which the employee or applicant 
                reasonably believes evidences'' and inserting ``, 
                without restriction to time, place, form, motive, 
                context, or prior disclosure made to any person by an 
                employee or applicant, including a disclosure made in 
                the ordinary course of an employee's duties that the 
                employee or applicant reasonably believes is credible 
                evidence of''; and
                    (B) in clause (i), by striking ``a violation'' and 
                inserting ``any violation'';
            (2) in subparagraph (B)--
                    (A) by striking ``which the employee or applicant 
                reasonably believes evidences'' and inserting ``, 
                without restriction to time, place, form, motive, 
                context, or prior disclosure made to any person by an 
                employee or applicant, including a disclosure made in 
                the ordinary course of an employee's duties to the 
                Special Counsel, or to the Inspector General of an 
                agency or another employee designated by the head of 
                the agency to receive such disclosures, of information 
                that the employee or applicant reasonably believes is 
                credible evidence of''; and
                    (B) in clause (i), by striking ``a violation'' and 
                inserting ``any violation''; and
            (3) by adding at the end the following:
                    ``(C) a disclosure that--
                            ``(i) is made by an employee or applicant 
                        of information required by law or Executive 
                        order to be kept secret in the interest of 
                        national defense or the conduct of foreign 
                        affairs that the employee or applicant 
                        reasonably believes is credible evidence of--
                                    ``(I) any violation of any law, 
                                rule, or regulation;
                                    ``(II) gross mismanagement, a gross 
                                waste of funds, an abuse of authority, 
                                or a substantial and specific danger to 
                                public health or safety; or
                                    ``(III) a false statement to 
                                Congress on an issue of material fact; 
                                and
                            ``(ii) is made to--
                                    ``(I) a member of a committee of 
                                Congress having a primary 
                                responsibility for oversight of a 
                                department, agency, or element of the 
                                Federal Government to which the 
                                disclosed information relates;
                                    ``(II) any other Member of Congress 
                                who is authorized to receive 
                                information of the type disclosed; or
                                    ``(III) an employee of the 
                                executive branch or Congress who has 
                                the appropriate security clearance for 
                                access to the information disclosed.''.
    (b) Covered Disclosures.--Section 2302(b) of title 5, United States 
Code, is amended--
            (1) in the matter following paragraph (12), by striking 
        ``This subsection'' and inserting the following:
    ``This subsection''; and
            (2) by adding at the end the following:
    ``In this subsection, the term `disclosure' means a formal or 
informal communication or transmission.''.
    (c) Nondisclosure Policies, Forms, and Agreements.--
            (1) Personnel action.--Section 2302(a)(2)(A) of title 5, 
        United States Code, is amended--
                    (A) in clause (x), by striking ``and'' after the 
                semicolon; and
                    (B) by redesignating clause (xi) as clause (xii) 
                and inserting after clause (x) the following:
                    ``(xi) the implementation or enforcement of any 
                nondisclosure policy, form, or agreement; and''.
            (2) Prohibited personnel practice.--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 period 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 
                supersede, conflict with, or otherwise alter the 
                employee obligations, rights, or liabilities created by 
                Executive Order No. 12958; section 7211 of title 5, 
                United States Code (governing disclosures to Congress); 
                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 disclosures that could 
                compromise national security, including sections 641, 
                793, 794, 798, and 952 of title 18, United States Code, 
                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 order and such 
                statutory provisions are incorporated into this 
                agreement and are controlling.'''.
    (d) Authority of Special Counsel Relating to Civil Actions.--
            (1) Representation of special counsel.--Section 1212 of 
        title 5, United States Code, is amended by adding at the end 
        the following:
    ``(h) Except as provided in section 518 of title 28, relating to 
litigation before the Supreme Court, attorneys designated by the 
Special Counsel may appear for the Special Counsel and represent the 
Special Counsel in any civil action brought in connection with section 
2302(b)(8) or subchapter III of chapter 73, or as otherwise authorized 
by law.''.
            (2) Judicial review of merit systems protection board 
        decisions.--Section 7703 of title 5, United States Code, is 
        amended by adding at the end the following:
    ``(e) The Special Counsel may obtain review of any final order or 
decision of the Board by filing a petition for judicial review in the 
United States Court of Appeals for the Federal Circuit if the Special 
Counsel determines, in the discretion of the Special Counsel, that the 
Board erred in deciding a case arising under section 2302(b)(8) or 
subchapter III of chapter 73 and that the Board's decision will have a 
substantial impact on the enforcement of section 2302(b)(8) or 
subchapter III of chapter 73. If the Special Counsel was not a party or 
did not intervene in a matter before the Board, the Special Counsel may 
not petition for review of a Board decision under this section unless 
the Special Counsel first petitions the Board for reconsideration of 
its decision, and such petition is denied. In addition to the named 
respondent, the Board and all other parties to the proceedings before 
the Board shall have the right to appear in the proceedings before the 
Court of Appeals. The granting of the petition for judicial review 
shall be at the discretion of the Court of Appeals.''.
    (e) Judicial Review.--Section 7703 of title 5, United States Code, 
is amended--
            (1) in the first sentence of subsection (b)(1) by inserting 
        before the period ``or the United States court of appeals for 
        the circuit in which the petitioner resides''; and
            (2) in subsection (d)--
                    (A) in the first sentence by striking ``the United 
                States Court of Appeals for the Federal Circuit'' and 
                inserting ``any appellate court of competent 
                jurisdiction as provided under subsection (b)(2)''; and
                    (B) in the third and fourth sentences by striking 
                ``Court of Appeals'' each place it appears and 
                inserting ``court of appeals'' in each such place.

Answer:
Amends civil service provisions to prohibit taking or failing to take any personnel action with respect to an employee or applicant because of: (1) any disclosure by the employee or applicant, without restriction as to the time, place, form, motive, context, or prior disclosure, including a disclosure made in the ordinary course of an employee's duties that such employee or applicant reasonably believes is credible evidence of any violation of law, gross mismanagement, abuse of authority, or a danger to public health or safety; (2) a disclosure made to the Special Counsel, the Inspector General of an agency, or another employee designated by that agency to receive such disclosures, without such restriction or disclosure; or (3) a disclosure that is made by the employee or applicant of information required by law or executive order to be kept secret that the employee or applicant reasonably believes is credible evidence of any such violation, or a false statement to Congress on an issue of material fact that is made to a member of the congressional committee having primary oversight of the agency to which the disclosed information relates, to any other Member of Congress authorized to receive information of the type disclosed, or to a Federal or congressional employee who has the appropriate security clearance for access to the information disclosed. Prohibits the implementation or enforcement of nondisclosure policies, forms, and agreements that do not state that such policies do not supersede, conflict with, or otherwise alter Federal employee obligations, rights, or liabilities.Permits representation by attorneys for the Office of the Special Counsel in civil actions brought in connection with such disclosures of information or provisions relating to political activities. Allows the Special Counsel to obtain judicial review of any final order or decision of the Merit Systems Protection Board with respect to a case concerning such a disclosure or provision.