H.R. 985 (110th): Whistleblower Protection Enhancement Act of 2007

Introduced:
Feb 12, 2007 (110th Congress, 2007–2009)
Sponsor:
Rep. Henry Waxman [D-CA30]
Status:
Died (Passed House)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced in a previous session of Congress and was passed by the House on March 14, 2007 but was never passed by the Senate.

Progress
Introduced Feb 12, 2007
Referred to Committee Feb 12, 2007
Reported by Committee Feb 12, 2007
Referred to Committee Feb 14, 2007
Reported by Committee Feb 14, 2007
Passed House Mar 14, 2007
Votes

On Agreeing to the Amendment: Amendment 1 to H R 985
Mar 14, 2007 4:58 p.m.
Agreed to 250/178

On Agreeing to the Amendment: Amendment 4 to H R 985
Mar 14, 2007 5:08 p.m.
Failed 159/271

On Agreeing to the Amendment: Amendment 1 to H R 985
Mar 14, 2007 5:27 p.m.
Agreed to 252/173

On Motion to Recommit with Instructions: H R 985 Whistleblower Protection Enhancement Act
Mar 14, 2007 5:58 p.m.
Passed 426/0

House Vote on Passage
Mar 14, 2007 6:08 p.m.
Passed 331/94

Cosponsors
29 cosponsors (25D, 4R) (show)
Committees

House Armed Services

House Homeland Security

House Oversight and Government Reform

Senate Homeland Security and Governmental Affairs

The committee chair determines whether a bill will move past the committee stage.

Full Title

To amend title 5, United States Code, to clarify which disclosures of information are protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements to the effect that such policies, forms, and agreements are consistent with certain disclosure protections, and for other purposes.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Mar 15, 2007.
34 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

3/14/2007.
Section 2 -
Expands the types of whistleblower disclosures protected from personnel reprisals to include disclosures without restriction as to time, place, form, motive, context, forum, or prior disclosures made to any person by an employee or applicant for employment, including a disclosure made in the ordinary course of an employee's duties, that the employee or applicant reasonably believes is a violation of any law.
Section 3 -
Defines "disclosure" as a formal or informal communication, not including a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee providing the disclosure reasonably believes that it evidences:
(1) any violation of law; or
(2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
Defines "clear and convincing evidence" as evidence indicating that the matter to be proved is highly probable or reasonably certain, for purposes of Merit Systems Protection Board (MSPB) reviews of prohibited personnel practices.
Section 4 -
Provides that any presumption relating to the performance of a duty by an employee with personnel authority may be rebutted by substantial evidence. Codifies the legal standard (i.e., disinterested observer with knowledge of the essential facts) for determining whether an employee or applicant for employment has a reasonable belief of the validity of their whistleblower disclosures.
Section 5 -
Includes as a prohibited personnel practice the implementation or enforcement of any nondisclosure policy, form, or agreement.
Prohibits any agency from: (1) implementing or enforcing any nondisclosure policy, form, or agreement if it does not contain a specified statement of employee rights and obligations; or (2) conducting an investigation (other than that necessary to the agency's mission) of an employee or applicant for employment because of any protected whistleblower activity.
Section 6 -
Includes as an agency exempt from whistleblower restrictions the National Geospatial-Intelligence Agency. Requires the removal of any agency or unit by the President from whistleblower protection coverage to be made before any personnel action is taken against a whistleblower at that agency.
Section 7 -
Expands the authority of the MSPB to discipline an employee who takes adverse personnel action against a whistleblower if it finds that the protected activity was the primary motivating factor in such employee's action.
Section 8 -
Directs the Comptroller General to conduct a study on certain security clearance revocations and to report to Congress on such study.
Section 9 -
Allows an employee, former employee, or applicant for employment who seeks corrective action from the MSPB for an alleged prohibited personnel practice to bring legal action in federal district court for de novo review and seek a jury trial, if the MSPB fails to issue a timely final order or decision.
Allows the MSPB to award interest and reasonable expert witness fees as compensatory damages.
Section 10 -
Prohibits adverse personnel actions against an employee of a covered national security agency (i.e., Federal Bureau of Investigation, the Office of the Director of National Intelligence, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the National Reconnaissance Office, and any other executive branch agency determined by the President to have as its principal function the conduct of foreign intelligence or counterintelligence activities) for making whistleblower disclosures to an authorized Member of Congress or executive branch official or to the Inspector General of the covered agency that employs the whistleblower.
Requires:
(1) the Inspector General to investigate any claim of adverse personnel actions against an employee of a covered agency; and
(2) the head of such agency to make a determination of whether a prohibited personnel practice has taken place and take corrective action.
Authorizes a whistleblower to seek judicial review of an adverse determination by an agency head.
Section 11 -
Requires the head of a civilian executive agency, within 180 days of an employee complaint, to determine whether a private contractor has subjected an employee whistleblower to a reprisal and to either issue an order denying relief or take corrective action. Allows such employee whistleblower to request a jury trial in a federal district court and seek compensatory damages if the agency head does not issue an order or take corrective action.
Section 12 -
Extends federal whistleblower protections to individuals holding or applying for a position in the Transportation Security Administration (TSA).
Section 13 -
Modifies the definition of "abuse of authority" with respect to prohibited personnel practices against a whistleblower relating to scientific and other research to include:
(1) any action that compromises the validity or accuracy of federally funded research or analysis;
(2) the dissemination of false or misleading scientific, medical, or technical information;
(3) any action that restricts or prevents publication of scientific material; and
(4) any action that discriminates for or against any employee or applicant on the basis of religion (as defined in this Act).
Section 14 -
Makes the provisions of this Act effective 30 days after enactment (except for TSA employee whistleblower provisions which are effective immediately upon enactment).

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

  • Public Law 105-272

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 5 U.S.C. Chapter 12
  • 5 U.S.C. Chapter 23