OpenCongress - H.R.985 Whistleblower Protection Enhancement Act of 2007

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Whistleblower Protection Enhancement Act of 2007

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 Bill Titles (3 more)

3/14/2007--Passed House amended. 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 d... morehide bill summarySee Full Bill Text

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Amendments

This bill has 6 amendments. See All AmendmentsHide All Amendments

Amendments to H.R.985

Number	Status	Purpose
H.Amdt41	Pass	An amendment numbered 1 printed in House Report 110-48 to clarifies that instances of political interference with science are to be considered `abuses of authority' and their disclosure therefore protected. The Stupak amendment adds an example of such interference, namely preventing a federal scientist or grantee from publishing or presenting their research.
H.Amdt42	Pass	An amendment numbered 2 printed in House Report 110-48 to require 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). Under the amendment, `clear and convincing evidence' would be defined as `evidence indicating that the matter to be proved is highly probable or reasonably certain.
H.Amdt43	Pass	An amendment numbered 3 printed in House Report 110-48 to clarify that an otherwise-protected disclosure cannot be disqualified because of the forum in which it is communicated. In addition, the amendment would extend equal burdens of proof and individual rights of action to those serving as witnesses in Inspector General or Special Counsel investigations, as well as to those who allege retaliation for refusing to violate the law.
H.Amdt44	Fail	An amendment numbered 4 printed in House Report 110-48 to remove the provision that would make influencing federally funded scientific research a prohibited personnel practice.
H.Amdt45	Pass	An amendment numbered 5 printed in House Report 110-48 to change the secti on on national security whistleblowers to limit which members of Congress can receive information about especially sensitive subjects, such as sources and methods (to members of the intelligence committees or other relevant committees) and special access programs (to defense committees), and for other programs (to committees with oversight over the program in question).
H.Amdt46	Offered	Amendments submitted pursuant to Westmoreland motion to recommit with instructions.

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
February 12, 2007		March 14, 2007

Latest Vote

March 14, 2007Roll call number 153 in the House
Question: On Passage: H R 985 Whistleblower Protection Enhancement Act
Required percentage of 'Aye' votes: 1/2 (50%)	Percentage of 'aye' votes: 76%	Result: Passed

Date	Chamber	Question	Aye	Nay	Result
March 14, 2007	House	H.R.985 Whistleblower Protection Enhancement Act of 2007 On Passage: H R 985 Whistleblower Protection Enhancement Act	331	94	Passed	See Vote
March 14, 2007	House	H.R.985 Whistleblower Protection Enhancement Act of 2007 On Motion to Recommit with Instructions: H R 985 Whistleblower Protection Enhancement Act	426	0	Passed	See Vote
March 14, 2007	House	H.R.985 Whistleblower Protection Enhancement Act of 2007 On Agreeing to the Amendment: Amendment 1 to H R 985	252	173	Agreed to	See Vote
March 14, 2007	House	H.R.985 Whistleblower Protection Enhancement Act of 2007 On Agreeing to the Amendment: Amendment 4 to H R 985	159	271	Failed	See Vote
March 14, 2007	House	H.R.985 Whistleblower Protection Enhancement Act of 2007 On Agreeing to the Amendment: Amendment 1 to H R 985	250	178	Agreed to	See Vote

See Full Voting History (5 votes)Hide Voting History Show All Actions (43 actions)Hide Actions

All Bill Actions

Jun 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.
Mar 15, 2007: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Mar 15, 2007: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Passed roll in the House on Mar 14, 2007. On passage Passed by the Yeas and Nays: 331 - 94 (Roll no. 153).
Mar 14, 2007: Pursuant to the instructions contained in the motion to recommit just adopted, sundry amendments were submitted to the House.
Mar 14, 2007: On motion to recommit with instructions Agreed to by recorded vote: 426 - 0 (Roll no. 152).
Mar 14, 2007: The previous question on the motion to recommit with instructions was ordered without objection.
Mar 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.
Mar 14, 2007: Mr. Westmoreland moved to recommit with instructions to Oversight and Government.
Mar 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.
Mar 14, 2007: The previous question was ordered pursuant to the rule.
Mar 14, 2007: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 985.
Mar 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.
Mar 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.
Mar 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.
Mar 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.
Mar 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.
Mar 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.
Mar 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.
Mar 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.
Mar 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.
Mar 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.
Mar 14, 2007: GENERAL DEBATE - The Committee of the Whole proceeded with one hour and twenty minutes of debate on H.R. 985.
Mar 14, 2007: The Speaker designated the Honorable Ed Pastor to act as Chairman of the Committee.
Mar 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.
Mar 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.
Mar 14, 2007: Considered under the provisions of rule H. Res. 239.
Mar 14, 2007: Rule H. Res. 239 passed House.
Mar 14, 2007: Referred to the Subcommittee on Readiness.
Mar 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.
Mar 12, 2007: Supplemental report filed by the Committee on Oversight and Government, H. Rept. 110-42, Part II.
Mar 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.
Added to calendar on Mar 09, 2007: Placed on the Union Calendar, Calendar No. 18..
Mar 09, 2007: Committee on Armed Services discharged.
Mar 09, 2007: Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-42, Part I.
Added to calendar on Feb 14, 2007: Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 0..
Feb 14, 2007: Committee Consideration and Mark-up Session Held.
Feb 14, 2007: Ordered to be Reported (Amended) by Unanimous Consent.
Added to calendar on Feb 14, 2007: Ordered to be Reported (Amended) by Unanimous Consent..
Feb 12, 2007: Referred to House Armed Services
Feb 12, 2007: Referred to House Oversight and Government Reform
Feb 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.
Introduced on Feb 12, 2007.

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In the News

September 04, 2007 Presidential candidates back stronger whistleblower protections

... National Whistleblower Center that they endorse legislation (HR 985) that would clarify language in the 1989 Whistleblower Protection Act. For instance, ...