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.
Whistleblower Protection Enhancement Act of 2007 - (Sec. 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.
(Sec. 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.
(Sec. 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.
(Sec. 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.
(Sec. 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.
(Sec. 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.
(Sec. 8) Directs the Comptroller General to conduct a study on certain security clearance revocations and to report to Congress on such study.
(Sec. 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.
(Sec. 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.
(Sec. 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.
(Sec. 12) Extends federal whistleblower protections to individuals holding or applying for a position in the Transportation Security Administration (TSA).
(Sec. 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).
(Sec. 14) Makes the provisions of this Act effective 30 days after enactment (except for TSA employee whistleblower provisions which are effective immediately upon enactment).
On agreeing to the resolution Agreed to by the Yeas and Nays: 223 - 193 (Roll no. 146). (text: CR H2510)
POSTPONED PROCEEDINGS - At the conclusion of debate on the Platts amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Platts demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H. Res. 239, the Committee of the Whole proceeded with 10 minutes of debate on the Platts No. 3 amendment.
DEBATE - Pursuant to the provisions of H.Res. 239, the Committee of the Whole proceeded with 10 minutes of debate on the Sali amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Sali amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Sali demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H.Res. 239, the Committee of the Whole proceeded with 10 minutes of debate on the Tierney amendment.
PROCEEDINGS VACATED - Mr. Platts asked unanimous consent that the proceedings by which a recorded vote was demanded on the Platts amendment numbered 2 be vacated and that the question on adoption of the amendment be put de novo. Agreed to without objection.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 985.
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The previous question was ordered pursuant to the rule. (consideration: CR H2539)
The House adopted the remaining amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
Mr. Westmoreland moved to recommit with instructions to Oversight and Government. (consideration: CR H2540-2541; text: CR H2540)
DEBATE - The House proceeded with 10 minutes of debate on the Westmoreland motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with sundry amendments.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2541)
On motion to recommit with instructions Agreed to by recorded vote: 426 - 0 (Roll no. 152). (consideration: CR H2541-2542)
Roll Call #152 (House)Pursuant to the instructions contained in the motion to recommit just adopted, sundry amendments were submitted to the House.
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 331 - 94 (Roll no. 153).
Roll Call #153 (House)On passage Passed by the Yeas and Nays: 331 - 94 (Roll no. 153).
Roll Call #153 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.