H. Amdt. 45 - Amendment Clarifies the Process by Which National Security Whistleblower Information, That Is, Information Which May Evidence a Violation of Law, Rule or Regulation of Gross Mismanagement, Fraud, Waste, or Abuse is Shared with Executive Branch Officials and Members of Congress.

Whistleblower Protection Enhancement Act of 2007

H.R. 985 — 110^th Congress (2007–2008)

Summary

This bill amends 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. (by CRS)

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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.

Other Titles

• Whistleblower Protection Enhancement Act of 2007
• Whistleblower Protection Enhancement Act of 2007

Sponsor

Henry Waxman

Co-Sponsors

• Dennis Kucinich
• Jerrold Nadler
• Paul Kanjorski
• John Conyers
• Eleanor Norton
• Allyson Schwartz
• Keith Ellison
• Gary Ackerman
• Diane Watson
• John McHugh
• Christopher Shays
• Bruce Braley
• Thomas Allen
• Zoe Lofgren
• Thomas Davis
• John Yarmuth
• Betty McCollum
• Steve Israel
• Carolyn Maloney
• Peter Welch
• William Clay
• Jim Cooper
• Christopher Van Hollen
• Danny Davis
• Elijah Cummings
• Howard Berman
• Christopher Murphy
• Todd Platts
• George Miller

Subjects

• Government employees
• Actions and defenses
• Administrative remedies
• Appellate procedure
• Armed forces
• Budgets
• Civil liberties
• Civil rights
• Classified defense information
• Communication in medicine
• Communication in science
• Communications
• Congress
• Congressional investigations
• Congressional reporting requirements
• Damages
• Defense contracts
• Defense economics
• Defense policy
• Department of Homeland Security
• Disciplining of employees
• Discovery (Law)
• Discrimination in employment
• Dismissal of employees
• Employee rights
• Employee selection
• Evidence (Law)
• Executive departments
• Executive orders
• Expert witnesses
• Federal employees
• Fraud
• Freedom of speech
• Government contractors
• Government ethics
• Government information
• Government publicity
• Governmental investigations
• Grievance procedures
• Health policy
• Inspectors general
• Intelligence activities
• Intelligence services
• Judicial review
• Labor
• Law
• Legal fees
• Medical care
• Medicine
• Military personnel
• Misconduct in office
• National security
• Official secrets
• Personnel management
• Politics and government
• Presidential powers
• Presidents
• Privileges and immunities
• Promotions
• Public contracts
• Public health
• Religion
• Religion in the workplace
• Religious liberty
• Research
• Right of petition
• Science policy
• Security clearances
• Transportation
• Transportation safety
• Transportation workers
• Wage restitution
• Waste in government spending
• Whistle blowing

Related Bills

• H.Res. 239 (110^th) : Providing for Consideration of the Bill (H.R. 985) 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.

Major Actions

Introduced	2/12/2007
Referred to Committee
Amendments (5 proposed)
Passed House	3/14/2007

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	House	On agreeing to the Platts amendment Agreed to by voice vote.	3/14/2007	PASSED by voice vote
currently selected	House	On agreeing to the Tierney amendment (A005) Agreed to by voice vote.	3/14/2007	PASSED by voice vote
select this vote	House	On agreeing to the Platts amendment Agreed to by voice vote.	3/14/2007	PASSED by voice vote
select this vote	House	Amendment 1 to H.R. 985	3/14/2007	This amendment PASSED the House 250 voted YES 178 voted NO 10 voted present/not voting
select this vote	House	Amendment 4 to H.R. 985	3/14/2007	This amendment DID NOT PASS the House 159 voted YES 271 voted NO 8 voted present/not voting
select this vote	House	Amendment 1 to H.R. 985	3/14/2007	This amendment PASSED the House 252 voted YES 173 voted NO 8 voted present/not voting
select this vote	House	On Motion to Recommit with Instructions: H.R. 985 Whistleblower Protection Enhancement Act	3/14/2007	This motion PASSED the House 426 voted YES 0 voted NO 7 voted present/not voting
select this vote	House	On Passage - House - H.R. 985 Whistleblower Protection Enhancement Act	3/14/2007	This bill PASSED the House 331 voted YES 94 voted NO 8 voted present/not voting

	Action	Date	Description
	Introduced	2/12/2007
		2/12/2007	Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
		2/12/2007	Referred to House Oversight and Government Reform
		2/12/2007	Referred to House Armed Services
		2/14/2007	Committee Consideration and Mark-up Session Held.
	Put on a legislative calendar	2/14/2007	Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 0.
		3/09/2007	Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-42, Part I.
		3/09/2007	Committee on Armed Services discharged.
	Put on a legislative calendar	3/09/2007	Placed on the Union Calendar, Calendar No. 18.
		3/12/2007	PERMISSION TO FILE SUPPLEMENTAL REPORT - Mr. Tierney asked unanimous consent that the Committee on Oversight and Government Reform may have permission to file a supplemental report on H.R. 985. Agreed to without objection.
		3/12/2007	Supplemental report filed by the Committee on Oversight and Government, H. Rept. 110-42, Part II.
		3/13/2007	Rules Committee Resolution H. Res. 239 Reported to House. Rule provides for consideration of H.R. 985 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived eexcept those arising under clause 9 or 10 of rule XXI. An amendment in the nature of a substitute consisting of the text of the bill, modified by the amendments recommended by the Committee on Oversight and Government Reform now printed in the bill, shall be considered as the original bill for the purpose of further amendment under the five-minute rule.
		3/14/2007	Referred to the Subcommittee on Readiness.
		3/14/2007	Rule H. Res. 239 passed House.
		3/14/2007	Considered under the provisions of rule H. Res. 239.
		3/14/2007	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 239 and Rule XVIII.
		3/14/2007	The Speaker designated the Honorable Ed Pastor to act as Chairman of the Committee.
		3/14/2007	Rule provides for consideration of H.R. 985 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived eexcept those arising under clause 9 or 10 of rule XXI. An amendment in the nature of a substitute consisting of the text of the bill, modified by the amendments recommended by the Committee on Oversight and Government Reform now printed in the bill, shall be considered as the original bill for the purpose of further amendment under the five-minute rule.
		3/14/2007	GENERAL DEBATE - The Committee of the Whole proceeded with one hour and twenty minutes of debate on H.R. 985.
		3/14/2007	Amendment (A001) offered by Mr. Stupak.
		3/14/2007	DEBATE - Pursuant to the provisions of H.Res. 239, the Committee of the Whole proceeded with 10 minutes of debate on the Stupak amendment.
		3/14/2007	POSTPONED PROCEEDINGS - At the conclusion of debate on the Stupak amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Tom Davis (VA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		3/14/2007	Amendment (A002) offered by Mr. Platts.
		3/14/2007	DEBATE - Pursuant to the provisions of H. Res. 239, the Committee of the Whole proceeded with 10 minutes of debate on the Platts No. 2 amendment.
		3/14/2007	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.
		3/14/2007	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.
		3/14/2007	Amendment (A003) offered by Mr. Platts.
select this vote	Vote	3/14/2007	On agreeing to the Platts amendment Agreed to by voice vote.
		3/14/2007	Amendment (A004) offered by Mr. Sali.
		3/14/2007	DEBATE - Pursuant to the provisions of H.Res. 239, the Committee of the Whole proceeded with 10 minutes of debate on the Sali amendment.
		3/14/2007	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.
		3/14/2007	Amendment (A005) offered by Mr. Tierney.
		3/14/2007	DEBATE - Pursuant to the provisions of H.Res. 239, the Committee of the Whole proceeded with 10 minutes of debate on the Tierney amendment.
		3/14/2007	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.
currently selected	Vote	3/14/2007	On agreeing to the Tierney amendment (A005) Agreed to by voice vote.
		3/14/2007	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.
select this vote	Vote	3/14/2007	On agreeing to the Platts amendment Agreed to by voice vote.
		3/14/2007	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 985.
		3/14/2007	The previous question was ordered pursuant to the rule.
		3/14/2007	The House adopted the remaining amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
		3/14/2007	Mr. Price (GA) demanded a separate vote on the Stupak amendment (A001).
		3/14/2007	Mr. Westmoreland moved to recommit with instructions to Oversight and Government.
		3/14/2007	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.
		3/14/2007	The previous question on the motion to recommit with instructions was ordered without objection.
select this vote	Vote	3/14/2007	Amendment 1 to H.R. 985
		3/14/2007	Pursuant to the instructions contained in the motion to recommit just adopted, sundry amendments were submitted to the House.
		3/14/2007	Amendments reported by the House Committee on Oversight and Government Reform.
		3/14/2007	On agreeing to the Oversight and Government Refor amendments Agreed to by voice vote.
select this vote	Vote	3/14/2007	Amendment 4 to H.R. 985
select this vote	Vote	3/14/2007	Amendment 1 to H.R. 985
select this vote	Vote	3/14/2007	On Motion to Recommit with Instructions: H.R. 985 Whistleblower Protection Enhancement Act
select this vote	House Vote on Passage	3/14/2007	On Passage - House - H.R. 985 Whistleblower Protection Enhancement Act
		3/15/2007	Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
		6/06/2007	Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.

	Number	Sponsor	Date Offered	Status
select this vote	H. Amdt. 41	Stupak, Bart [D-MI1]	March 14, 2007	Passed by roll call vote on March 14, 2007.
	Amendment enhances whistleblower protection by including in the list of reportable actions any attempt to suppress the right of government scientists to publish or announce their findings in peer reviewed journals or public meetings with their fellow scientists. Show amendment details
select this vote	H. Amdt. 42	Platts, Todd [R-PA19]	March 14, 2007	Passed by voice vote on March 14, 2007.
	Amendment requires that the Merit Systems Protection Board rely on a consistent standard for "clear and convincing evidence" as the burden of proof that must be met to sustain an agency's affirmative defense (that it would have taken the same personnel action independent of an employee's protected conduct). Show amendment details
select this vote	H. Amdt. 43	Platts, Todd [R-PA19]	March 14, 2007	Passed by voice vote on March 14, 2007.
	Amendment clarifies that a protected disclosure cannot be disqualified because of the forum in which it is made; establishes more realistic burdens of proof; and extends due process rights to certain whistleblowers. Show amendment details
select this vote	H. Amdt. 44	Sali, Bill [R-ID1]	March 14, 2007	Failed by roll call vote on March 14, 2007.
	Amendment sought to strike section 13 of the bill which is a clarification of whistleblower rights relating to scientific and other research. Show amendment details
currently selected	H. Amdt. 45	Tierney, John [D-MA6]	March 14, 2007	Passed by voice vote on March 14, 2007.
	Amendment clarifies the process by which national security whistleblower information, that is, information which may evidence a violation of law, rule or regulation of gross mismanagement, fraud, waste, or abuse is shared with executive branch officials and Members of Congress. Actions March 14, 2007, 3:26 pm ET - Amendment (A005) offered by Mr. Tierney. March 14, 2007, 3:30 pm ET - On agreeing to the Tierney amendment (A005) Agreed to by voice vote. Full Text of this Amendment The text of this amendment is not available.