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United States · Bill · HR

H.R. 985 (110th)

Whistleblower Protection Enhancement Act of 2007

referredUnited States· United States Congress· EN

Introduced

12 February 2007

Last action

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Status

Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.

Sponsors

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Subjects

Discovery layer

Source updated

6 June 2025

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Summary

Whistleblower Protection Enhancement Act of 2007 - Includes as a protected disclosure by a federal employee any lawful disclosure an employee or applicant reasonably believes is credible evidence of waste, abuse, gross mismanagement, or substantial and specific danger to public health or safety without restriction as to time, place, form, motive, context, or prior disclosure. Defines "disclosure" to mean 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 the disclosure evidences: (1) any violation of law; or (2) mismanagement, waste, abuse of authority, or a danger to the public. Codifies the legal standard for determining whether a whistleblower has a reasonable belief that a disclosure evidences governmental waste, fraud, or abuse, or a violation of law. Includes under the definition of: (1) "personnel action" the implementation or enforcement of any nondisclosure policy, form, or agreement; and (2) "prohibited personnel practice" implementing or enforcing any nondisclosure policy, form, or agreement not containing a statement that it is consistent with specified provisions governing disclosures and conducting an investigation of an employee or applicant because of any protected activity. Authorizes the President to exclude certain agencies engaged in the conduct of foreign intelligence or counterintelligence activities from whistleblower protections if such exclusion is made prior to any personnel action against the whistleblower. Expands the authority of the Merit Systems Protection Board to impose disciplinary action for prohibited personnel practices. Requires a Government Accountability Office (GAO) study on security clearance revocations after 1996, claims in connection with such revocations, and resulting actions. Allows an employee, former employee, or applicant who seeks corrective action from the Merit Systems Protection Board with respect to an alleged prohibited personnel practice to bring action in federal district court for de novo review. Provides that an employee of a covered agency may not be discharged, demoted, or discriminated against as a reprisal for making a disclosure of covered information to an authorized Member of Congress, authorized executive official, or the Inspector General of the covered agency. Sets forth provisions concerning: (1) reprisal complaints; (2) determinations by the covered agency on whether the employee was subjected to a prohibited reprisal; and (3) re-initiation of procedures to restrict an employee's access to classified or sensitive information after a corrective action to restrict such access was voided. Entitles employees of executive agencies that are not covered agencies, for purposes of any disclosure of covered information which consists of classified or sensitive information, to the same protections, rights, and remedies under this Act as if those agencies were covered. Amends the Federal Property and Administrative Services Act of 1949 and Armed Forces procurement provisions to modify remedy and enforcement authority relating to the protection of contractor employees from reprisal for disclosure of certain information. Makes certain prohibited personnel practices provisions applicable to the Transportation Security Administration (TSA). Includes within the meaning of "abuse of authority": (1) actions that compromise the validity of federally funded research or analysis; and (2) the dissemination of false or misleading scientific, medical, or technical information.

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Documents

10 official files

Referred in Senate (text)

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