Whistleblower Protection Enhancement Act of 2012
PL 112-199 (S.743), enacted 11/27/2012

126 STAT. 1465 
PUBLIC LAW 112–199—NOV. 27, 2012 
Public Law 112–199 
112th Congress 
An Act 
To amend chapter 23 of title 5, United States Code, to clarify the disclosures 
of information protected from prohibited personnel practices, require a statement 
in non-disclosure policies, forms, and agreements that such policies, forms, and 
agreements conform with certain disclosure protections, provide certain authority 
for the Special Counsel, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Whistleblower Protection 
Enhancement Act of 2012’’. 
TITLE I—PROTECTION OF CERTAIN DIS-
CLOSURES OF INFORMATION BY FED-
ERAL EMPLOYEES 
SEC. 101. CLARIFICATION OF DISCLOSURES COVERED. 
(a) IN GENERAL.—Section 2302(b)(8) of title 5, United States 
Code, is amended— 
(1) in subparagraph (A)(i), by striking ‘‘a violation’’ and 
inserting ‘‘any violation’’; and 
(2) in subparagraph (B)(i), by striking ‘‘a violation’’ and 
inserting ‘‘any violation (other than a violation of this section)’’. 
(b) 
PROHIBITED
PERSONNEL
PRACTICES
UNDER
SECTION 
2302(b)(9).— 
(1) TECHNICAL AND CONFORMING AMENDMENTS.—Title 5, 
United States Code, is amended— 
(A) in subsections (a)(3), (b)(4)(A), and (b)(4)(B)(i) of 
section 1214 and in subsections (a), (e)(1), and (i) of section 
1221, by inserting ‘‘or section 2302(b)(9) (A)(i), (B), (C), 
or (D)’’ after ‘‘section 2302(b)(8)’’ each place it appears; 
and 
(B) in section 2302(a)(2)(C)(i), by inserting ‘‘or section 
2302(b)(9) (A)(i), (B), (C), or (D)’’ after ‘‘(b)(8)’’. 
(2) OTHER REFERENCES.—(A) Title 5, United States Code, 
is amended in subsection (b)(4)(B)(i) of section 1214 and in 
subsection (e)(1) of section 1221 by inserting ‘‘or protected 
activity’’ after ‘‘disclosure’’ each place it appears. 
(B) Section 2302(b)(9) of title 5, United States Code, is 
amended— 
(i) by striking subparagraph (A) and inserting the fol-
lowing: 
Whistleblower 
Protection 
Enhancement 
Act of 2012. 
5 USC 101 note. 
Nov. 27, 2012 
[S. 743] 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 00055
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 1466 
PUBLIC LAW 112–199—NOV. 27, 2012 
‘‘(A) the exercise of any appeal, complaint, or grievance 
right granted by any law, rule, or regulation— 
‘‘(i) with regard to remedying a violation of para-
graph (8); or 
‘‘(ii) other than with regard to remedying a viola-
tion of paragraph (8);’’; and 
(ii) in subparagraph (B), by inserting ‘‘(i) or (ii)’’ after 
‘‘subparagraph (A)’’. 
(C) Section 2302 of title 5, United States Code, is amended 
by adding at the end the following: 
‘‘(f)(1) A disclosure shall not be excluded from subsection (b)(8) 
because— 
‘‘(A) the disclosure was made to a supervisor or to a person 
who participated in an activity that the employee or applicant 
reasonably believed to be covered by subsection (b)(8)(A)(i) and 
(ii); 
‘‘(B) the disclosure revealed information that had been pre-
viously disclosed; 
‘‘(C) of the employee’s or applicant’s motive for making 
the disclosure; 
‘‘(D) the disclosure was not made in writing; 
‘‘(E) the disclosure was made while the employee was off 
duty; or 
‘‘(F) of the amount of time which has passed since the 
occurrence of the events described in the disclosure. 
‘‘(2) If a disclosure is made during the normal course of duties 
of an employee, the disclosure shall not be excluded from subsection 
(b)(8) if any employee who has authority to take, direct others 
to take, recommend, or approve any personnel action with respect 
to the employee making the disclosure, took, failed to take, or 
threatened to take or fail to take a personnel action with respect 
to that employee in reprisal for the disclosure.’’. 
SEC. 102. DEFINITIONAL AMENDMENTS. 
Section 2302(a)(2) of title 5, United States Code, is amended— 
(1) in subparagraph (B)(ii), by striking ‘‘and’’ at the end; 
(2) in subparagraph (C)(iii), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(D) ‘disclosure’ means a formal or informal communication 
or transmission, but does not include a communication con-
cerning policy decisions that lawfully exercise discretionary 
authority unless the employee or applicant providing the disclo-
sure reasonably believes that the disclosure evidences— 
‘‘(i) any violation of any law, rule, or regulation; or 
‘‘(ii) gross mismanagement, a gross waste of funds, 
an abuse of authority, or a substantial and specific danger 
to public health or safety.’’. 
SEC. 103. REBUTTABLE PRESUMPTION. 
Section 2302(b) of title 5, United States Code, is amended 
by amending the matter following paragraph (12) to read as follows: 
‘‘This subsection shall not be construed to authorize the withholding 
of information from Congress or the taking of any personnel action 
against an employee who discloses information to Congress. For 
purposes of paragraph (8), (i) any presumption relating to the 
performance of a duty by an employee whose conduct is the subject 
of a disclosure as defined under subsection (a)(2)(D) may be rebutted 
Determination. 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 00056
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 1467 
PUBLIC LAW 112–199—NOV. 27, 2012 
by substantial evidence, and (ii) a determination as to whether 
an employee or applicant reasonably believes that such employee 
or applicant has disclosed information that evidences any violation 
of law, rule, regulation, gross mismanagement, a gross waste of 
funds, an abuse of authority, or a substantial and specific danger 
to public health or safety shall be made by determining whether 
a disinterested observer with knowledge of the essential facts known 
to and readily ascertainable by the employee or applicant could 
reasonably conclude that the actions of the Government evidence 
such violations, mismanagement, waste, abuse, or danger.’’. 
SEC. 104. PERSONNEL ACTIONS AND PROHIBITED PERSONNEL PRAC-
TICES. 
(a) PERSONNEL ACTION.—Section 2302(a)(2)(A) of title 5, United 
States Code, is amended— 
(1) in clause (x), by striking ‘‘and’’ after the semicolon; 
and 
(2) by redesignating clause (xi) as clause (xii) and inserting 
after clause (x) the following: 
‘‘(xi) the implementation or enforcement of any non-
disclosure policy, form, or agreement; and’’. 
(b) PROHIBITED PERSONNEL PRACTICE.— 
(1) IN GENERAL.—Section 2302(b) of title 5, United States 
Code, is amended— 
(A) in paragraph (11), by striking ‘‘or’’ at the end; 
(B) in paragraph (12), by striking the 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 con-
tain 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 
existing statute or Executive order relating to (1) classified 
information, (2) communications to Congress, (3) the reporting 
to an Inspector General of a violation of any law, rule, or 
regulation, or mismanagement, a gross waste of funds, an abuse 
of authority, or a substantial and specific danger to public 
health or safety, or (4) any other whistleblower protection. 
The definitions, requirements, obligations, rights, sanctions, 
and liabilities created by controlling Executive orders and statu-
tory provisions are incorporated into this agreement and are 
controlling.’.’’. 
(2) AGENCY WEBSITES.—Agencies making use of any non-
disclosure policy, form, or agreement shall also post the state-
ment required under section 2302(b)(13) of title 5, United States 
Code (as added by this Act) on the agency website, accompanied 
by the specific list of controlling Executive orders and statutory 
provisions. 
(3) NONDISCLOSURE
POLICY, FORM, OR
AGREEMENT
IN 
EFFECT BEFORE THE EFFECTIVE DATE.—With respect to a non-
disclosure policy, form, or agreement that was in effect before 
the effective date of this Act, but that does not contain the 
statement required under section 2302(b)(13) of title 5, United 
States Code (as added by this Act) for implementation or 
enforcement— 
5 USC 2302 note. 
5 USC 2302 note. 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 00057
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 1468 
PUBLIC LAW 112–199—NOV. 27, 2012 
(A) it shall not be a prohibited personnel practice to 
enforce that policy, form, or agreement with regard to 
a current employee if the agency gives such employee notice 
of the statement; and 
(B) it shall not be a prohibited personnel practice to 
enforce that policy, form, or agreement after the effective 
date of this Act with regard to a former employee if the 
agency complies with paragraph (2) of this subsection. 
(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.’’. 
(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 following: 
‘‘(ii)(I) the Federal Bureau of Investigation, the 
Central Intelligence Agency, the Defense Intelligence 
Agency, the National Geospatial-Intelligence Agency, 
the National Security Agency, the Office of the Director 
of National Intelligence, and the National Reconnais-
sance Office; and 
‘‘(II) as determined by the President, any Executive 
agency or unit thereof the principal function of which 
is the conduct of foreign intelligence or counterintel-
ligence activities, provided that the determination be 
made prior to a personnel action; 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 employment for a period not 
to exceed 5 years, suspension, or reprimand; 
‘‘(ii) an assessment of a civil penalty not to exceed $1,000; 
or 
‘‘(iii) any combination of disciplinary actions described 
under clause (i) and an assessment described 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 2302(b)(9) (A)(i), (B), (C), or 
(D), the Board may impose disciplinary action if the Board finds 
that the activity protected under section 2302(b)(8), or 2302(b)(9) 
Time period. 
Determination. 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 00058
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 1469 
PUBLIC LAW 112–199—NOV. 27, 2012 
(A)(i), (B), (C), or (D) was a significant motivating factor, even 
if other factors also motivated the decision, for the employee’s 
decision to take, fail to take, or threaten to take or fail to take 
a personnel action, unless that employee demonstrates, by a prepon-
derance of the evidence, that the employee would have taken, 
failed to take, or threatened to take or fail to take the same 
personnel action, 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 involved’’ and inserting 
‘‘agency where the prevailing party was employed or 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 inserting ‘‘any other reasonable and foreseeable 
consequential damages, and compensatory damages (including 
interest, reasonable expert witness fees, and costs).’’ each place 
it appears. 
SEC. 108. JUDICIAL REVIEW. 
(a) IN GENERAL.—Section 7703(b) of title 5, United States Code, 
is amended by striking the matter preceding paragraph (2) and 
inserting the following: 
‘‘(b)(1)(A) Except as provided in subparagraph (B) and para-
graph (2) of this subsection, a petition to review a final order 
or final decision of the Board shall be filed in the United States 
Court of Appeals for the Federal Circuit. Notwithstanding any 
other provision of law, any petition for review shall be filed within 
60 days after the Board issues notice of the final order or decision 
of the Board. 
‘‘(B) During the 2-year period beginning on the effective date 
of the Whistleblower Protection Enhancement Act of 2012, a petition 
to review a final order or final decision 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 
described in section 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), or 
(D) shall be filed in the United States Court of Appeals for the 
Federal Circuit or any court of appeals of competent jurisdiction. 
Notwithstanding any other provision of law, any petition for review 
shall be filed within 60 days after the Board issues notice of the 
final order or decision of the Board.’’. 
(b) REVIEW OBTAINED
BY OFFICE
OF PERSONNEL MANAGE-
MENT.—Section 7703(d) of title 5, United States Code, is amended 
to read as follows: 
‘‘(d)(1) Except as provided under paragraph (2), this paragraph 
shall apply to any review obtained by the Director of the Office 
of Personnel Management. The Director may obtain review of any 
final order or decision of the Board by filing, within 60 days after 
the Board issues notice of the final order or decision of the Board, 
a petition for judicial review in the United States Court of Appeals 
for the Federal Circuit if the Director determines, in the discretion 
of the Director, that the Board erred in interpreting a civil service 
law, rule, or regulation affecting personnel management and that 
the Board’s decision will have a substantial impact on a civil service 
law, rule, regulation, or policy directive. If the Director did not 
intervene in a matter before the Board, the Director may not 
petition for review of a Board decision under this section unless 
Applicability. 
Deadlines. 
Notices. 
Determinations. 
Time period. 
Deadlines. 
Notices. 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 00059
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 1470 
PUBLIC LAW 112–199—NOV. 27, 2012 
the Director first petitions the Board for a 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 proceeding 
before the Court of Appeals. The granting of the petition for judicial 
review shall be at the discretion of the Court of Appeals. 
‘‘(2) During the 2-year period beginning on the effective date 
of the Whistleblower Protection Enhancement Act of 2012, this 
paragraph shall apply to any review obtained by the Director of 
the Office of Personnel Management that raises no challenge to 
the Board’s disposition of allegations of a prohibited personnel 
practice described in section 2302(b) other than practices described 
in section 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), or (D). The 
Director may obtain review of any final order or decision of the 
Board by filing, within 60 days after the Board issues notice of 
the final order or decision of the Board, a petition for judicial 
review in the United States Court of Appeals for the Federal Circuit 
or any court of appeals of competent jurisdiction if the Director 
determines, in the discretion of the Director, that the Board erred 
in interpreting a civil service law, rule, or regulation affecting 
personnel management and that the Board’s decision will have 
a substantial impact on a civil service law, rule, regulation, or 
policy directive. If the Director did not intervene in a matter before 
the Board, the Director may not petition for review of a Board 
decision under this section unless the Director first petitions the 
Board for a 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 proceeding before the court of appeals. The 
granting of the petition for judicial review shall be at the discretion 
of the court of appeals.’’. 
SEC. 109. PROHIBITED PERSONNEL PRACTICES AFFECTING THE 
TRANSPORTATION SECURITY ADMINISTRATION. 
(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 following: 
‘‘§ 2304. 
Prohibited 
personnel 
practices 
affecting 
the 
Transportation Security Administration 
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, 
any individual holding or applying for a position within the 
Transportation Security Administration shall be covered by— 
‘‘(1) the provisions of section 2302(b) (1), (8), and (9); 
‘‘(2) any provision of law implementing section 2302(b) 
(1), (8), or (9) by providing any right or remedy available 
to an employee or applicant 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 section shall 
be construed to affect any rights, apart from those described in 
subsection (a), to which an individual described in subsection (a) 
might otherwise be entitled under law.’’. 
Time period. 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 00060
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 1471 
PUBLIC LAW 112–199—NOV. 27, 2012 
(b) TECHNICAL AND CONFORMING 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, respec-
tively, and inserting the following: 
‘‘2304. Prohibited personnel practices affecting the Transportation Security Adminis-
tration. 
‘‘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 section. 
SEC. 110. DISCLOSURE OF CENSORSHIP RELATED TO RESEARCH, 
ANALYSIS, OR TECHNICAL INFORMATION. 
(a) DEFINITIONS.—In this subsection— 
(1) the term ‘‘agency’’ has the meaning given 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, misrepre-
sent, or suppress research, analysis, or technical information; 
(4) the term ‘‘covered position’’ has the meaning given 
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 under 
section 2302(a)(2)(D) of title 5, United States Code. 
(b) PROTECTED DISCLOSURE.— 
(1) IN
GENERAL.—Any disclosure of information 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 reasonably believes 
that the censorship related to research, analysis, or 
technical information is or will cause— 
(I) any violation of law, rule, or regulation; 
or 
(II) gross mismanagement, a gross waste of 
funds, an abuse of authority, 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 national defense or the conduct of foreign affairs; 
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 reasonably believes 
that the censorship related to research, analysis, or 
technical information is or will cause— 
(I) any violation of law, rule, or regulation; 
or 
(II) gross mismanagement, a gross waste of 
funds, an abuse of authority, or a substantial and 
specific danger to public health or safety; and 
5 USC 2302 note. 
5 USC 2304 note. 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 00061
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 1472 
PUBLIC LAW 112–199—NOV. 27, 2012 
(ii) the disclosure is made to the Special Counsel, 
or to the Inspector General of an agency or another 
person designated by the head of the agency to receive 
such disclosures, consistent with the protection of 
sources and methods. 
(2) DISCLOSURES NOT EXCLUDED.—A disclosure shall not 
be excluded from paragraph (1) for any reason described under 
section 2302(f)(1) or (2) of title 5, United States Code. 
(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 believed to be evidence of censorship related to 
research, analysis, or technical information. 
SEC. 111. CLARIFICATION OF WHISTLEBLOWER RIGHTS FOR CRITICAL 
INFRASTRUCTURE INFORMATION. 
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 informa-
tion includes the disclosure 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 informa-
tion 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, Congress, or other agency employee designated to 
receive such disclosures’’ after ‘‘chapter 12 of this title’’. 
SEC. 113. SPECIAL COUNSEL AMICUS CURIAE APPEARANCE. 
Section 1212 of title 5, United States Code, is amended by 
adding at the end the following: 
‘‘(h)(1) The Special Counsel is authorized to appear as amicus 
curiae in any action brought in a court of the United States related 
to section 2302(b) (8) or (9), or as otherwise authorized by law. 
In any such action, the Special Counsel is authorized to present 
the views of the Special Counsel with respect to compliance with 
section 2302(b) (8) or (9) and the impact court decisions would 
have on the enforcement of such provisions of law. 
‘‘(2) A court of the United States shall grant the application 
of the Special Counsel to appear in any such action 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 
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 AGREEMENTS. 
(a) IN GENERAL.— 
5 USC 2302 note. 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 00062
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 1473 
PUBLIC LAW 112–199—NOV. 27, 2012 
(1) REQUIREMENT.—Each agreement in Standard Forms 
312 and 4414 of the Government and any other nondisclosure 
policy, form, or agreement of the Government shall 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 existing 
statute or Executive order relating to (1) classified information, 
(2) communications to Congress, (3) the reporting to an 
Inspector General of a violation of any law, rule, or regulation, 
or mismanagement, a gross waste of funds, an abuse of 
authority, or a substantial and specific danger to public health 
or safety, or (4) any other whistleblower protection. The defini-
tions, requirements, obligations, rights, sanctions, and liabilities 
created by controlling Executive orders and statutory provisions 
are incorporated into this agreement and are controlling.’’. 
(2) AGENCY WEBSITES.—Agencies making use of any non-
disclosure policy, form, or agreement shall also post the state-
ment required under paragraph (1) on the agency website, 
accompanied by the specific list of controlling Executive orders 
and statutory provisions. 
(3) ENFORCEABILITY.— 
(A) IN GENERAL.—Any nondisclosure policy, form, or 
agreement described under paragraph (1) that does not 
contain the statement required under paragraph (1) may 
not be implemented 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 EFFECTIVE DATE.—With respect to a 
nondisclosure policy, form, or agreement that was in effect 
before the effective date of this Act, but that does not 
contain the statement required under paragraph (1) for 
implementation or enforcement— 
(i) it shall not be a prohibited personnel practice 
to enforce that policy, form, or agreement with regard 
to a current employee if the agency gives such employee 
notice of the statement; and 
(ii) it shall not be a prohibited personnel practice 
to enforce that policy, form, or agreement after the 
effective date of this Act with regard to a former 
employee if the agency complies with paragraph (2). 
(b) PERSONS OTHER THAN GOVERNMENT EMPLOYEES.—Notwith-
standing subsection (a), a nondisclosure policy, form, or agreement 
that is to be executed by a person connected with the conduct 
of an intelligence or intelligence-related activity, other than an 
employee or officer of the United States Government, may contain 
provisions appropriate to the particular activity for which such 
document is to be used. Such policy, form, or agreement shall, 
at a minimum, require that the person will not disclose any classi-
fied 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 authorized official of an executive agency or the Department 
of Justice that are essential to reporting a substantial violation 
of law, consistent with the protection of sources and methods. 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 00063
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 1474 
PUBLIC LAW 112–199—NOV. 27, 2012 
SEC. 116. REPORTING REQUIREMENTS. 
(a) GOVERNMENT ACCOUNTABILITY OFFICE.— 
(1) REPORT.—Not later than 4 years after the date of enact-
ment 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 
Government Reform of the House of Representatives on the 
implementation of this title. 
(2) CONTENTS.—The report under this subsection shall 
include— 
(A) an analysis of any changes in the number of cases 
filed with the Merit Systems Protection Board alleging 
violations of section 2302(b)(8) or (9) of title 5, United 
States Code, since the effective date of this Act; 
(B) the outcome of the cases described under subpara-
graph (A), including whether or not the Merit Systems 
Protection Board, the United States Court of Appeals for 
the Federal Circuit, or any other court determined the 
allegations to be frivolous or malicious as well as a rec-
ommendation whether Congress should grant the Merit 
Systems Protection Board summary judgment authority 
for cases described under subparagraph (A); 
(C) a recommendation regarding whether Congress 
should grant jurisdiction for some subset of cases described 
under subparagraph (A) to be decided by a district court 
of the United States and an evaluation of the impact that 
would have on the Merit Systems Protection Board and 
the Federal court system; and 
(D) any other matter as determined by the Comptroller 
General. 
(b) MERIT SYSTEMS PROTECTION BOARD.— 
(1) IN GENERAL.—Each report submitted annually by the 
Merit Systems Protection Board under section 1116 of title 
31, United States Code, shall, with respect to the period covered 
by such report, include as an addendum the following: 
(A) Information relating to the outcome of cases decided 
by the Merit Systems Protection Board during the period 
covered by such report in which violations of section 
2302(b)(8) or (9)(A)(i), (B)(i), (C), or (D) of title 5, United 
States Code, were alleged. 
(B) The number of such cases filed in the regional 
and field offices, and the number of petitions for review 
filed in such cases, during the period covered by such 
report, and the outcomes of any such cases or petitions 
for review (irrespective of when filed) decided during such 
period. 
(2) FIRST REPORT.—The first report described under para-
graph (1) submitted after the date of enactment of this Act 
shall include an addendum required under that paragraph that 
covers the period beginning on the effective date of this Act 
and ending at the end of the fiscal year in which such effective 
date occurs. 
SEC. 117. WHISTLEBLOWER PROTECTION OMBUDSMAN. 
(a) IN GENERAL.—Section 3 of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended by striking subsection (d) and 
inserting the following: 
Time period. 
31 USC 1116 
note. 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 00064
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 1475 
PUBLIC LAW 112–199—NOV. 27, 2012 
‘‘(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 supervising the perform-
ance of auditing activities relating to programs and operations 
of the establishment; 
‘‘(B) appoint an Assistant Inspector General for Investiga-
tions who shall have the responsibility for supervising the 
performance of investigative activities relating to such pro-
grams and operations; and 
‘‘(C) designate a Whistleblower Protection Ombudsman who 
shall educate agency employees— 
‘‘(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 Ombudsman under para-
graph (1)(C) shall not apply to— 
‘‘(A) any agency that is an element of the intelligence 
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 executive 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 
(2) by striking ‘‘section 3(d)(2)’’ and inserting ‘‘section 
3(d)(1)(B)’’. 
(c) SUNSET.— 
(1) IN GENERAL.—The amendments made by this section 
shall cease to have effect on the date that is 5 years after 
the date of enactment of this Act. 
(2) RETURN TO PRIOR AUTHORITY.—Upon the date described 
in paragraph (1), section 3(d) and section 8D(j) of the Inspector 
General Act of 1978 (5 U.S.C. App.) shall read as such sections 
read on the day before the date of enactment of this Act. 
TITLE II—SAVINGS CLAUSE; EFFECTIVE 
DATE 
SEC. 201. SAVINGS CLAUSE. 
Nothing in this Act shall be construed to imply any limitation 
on any protections afforded by any other provision of law to 
employees and applicants. 
5 USC 2302 note. 
5 USC app. 3 
note. 
Determination. 
President. 
Designation. 
Appointments. 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 00065
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2
126 STAT. 1476 
PUBLIC LAW 112–199—NOV. 27, 2012 
LEGISLATIVE HISTORY—S. 743 (H.R. 3289): 
HOUSE REPORTS: No. 112–508, Pt. 1 (Comm. on Oversight and Government Re-
form) accompanying H.R. 3289. 
SENATE REPORTS: No. 112–155 (Comm. on Homeland Security and Governmental 
Affairs). 
CONGRESSIONAL RECORD, Vol. 158 (2012): 
May 8, considered and passed Senate. 
Sept. 28, considered and passed House, amended. 
Nov. 13, Senate concurred in House amendment. 
SEC. 202. EFFECTIVE DATE. 
Except as otherwise provided in section 109, this Act shall 
take effect 30 days after the date of enactment of this Act. 
Approved November 27, 2012. 
5 USC 1204 note. 
VerDate Mar 15 2010 
07:50 May 21, 2015
Jkt 019194
PO 00002
Frm 00066
Fmt 6580
Sfmt 6580
G:\GSDD\STATUTES\2012\PT2\19194PT2.001
19194PT2