Text: S.743 — 112th Congress (2011-2012)

11/27/2012 Became Public Law No: 112-199

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[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[S. 743 Enrolled Bill (ENR)]

        S.743

                      One Hundred Twelfth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve


                                 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 DISCLOSURES OF INFORMATION BY FEDERAL 
                               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 
        following:
            ``(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 paragraph 
            (8); or
                ``(ii) other than with regard to remedying a violation 
            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 
    previously 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 concerning 
    policy decisions that lawfully exercise discretionary authority 
    unless the employee or applicant providing the disclosure 
    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 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 PRACTICES.
    (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 
        nondisclosure 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 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 definitions, 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 nondisclosure 
    policy, form, or agreement shall also post the statement 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 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 section 
    2302(b)(13) of title 5, United States Code (as added by this Act) 
    for implementation or enforcement--
            (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 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 counterintelligence 
            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) (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 preponderance 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 paragraph 
(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 Management.--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 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:
``Sec. 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.''.
    (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, respectively, and inserting 
the following:

``2304. Prohibited personnel practices affecting the Transportation 
          Security Administration.
``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, misrepresent, 
    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

                (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 information 
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 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, 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.--
        (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 definitions, 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 nondisclosure 
    policy, form, or agreement shall also post the statement 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.--Notwithstanding 
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 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 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.
    SEC. 116. REPORTING REQUIREMENTS.
    (a) Government Accountability Office.--
        (1) Report.--Not later than 4 years 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 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 subparagraph 
        (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 recommendation 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 paragraph 
    (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:
    ``(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 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 activities relating to such programs 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 paragraph 
(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.
    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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.