H.Amdt. 43House110th Congress (2007-2009)

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.

What it does: 5 changes: inserts text in 5 places
Submitted March 14, 2007

Description

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.

What it changes

5 changes to H.R. 985 · 2 shown in the bill's text

Inserts text in 5 places

We couldn't read part of this amendment. That part is shown as written below.

  1. Change 1: Inserts “(a) In General.--” before “Section”

    InsertsSection 2

    In H.R. 985 · Reported in House

    SEC. 2. CLARIFICATION OF DISCLOSURES COVERED.

    [inserted: (a) In General.-- ]Section 2302(b)(8) of title 5, United States Code, is amended--

    (1) in subparagraph (A)--

    Original wording

    In section 2, insert “(a) In General.--” before “Section”

  2. Change 2: Inserts new text at the end of the bill

    Inserts

    In H.R. 985 · Reported in House

    This Act shall take effect 30 days after the date of the enactment of this Act, except as provided in the amendment made by section 12(a)(2). Union Calendar No. 18

    Inserted: (b) Prohibited Personnel Practices Under Section 2302(b)(9).--Title 5, United States Code, is amended in subsections (a)(3), (b)(4)(A), and (b)(4)(B)(i) of section 1214 and in subsections (a) and (e)(1) of section 1221 by inserting "or 2302(b)(9)(B)-(D)" after "section 2302(b)(8)" each place it appears.

    Original wording

    add at the end the following:

  3. Change 3: Inserts “or 2302(b)(9)(B)-(D)” after “section 2302(b)(8)”

    InsertsSection 1221(k)(1) of title 5, United States Code (as added by section 9(a))

    …section 2302(b)(8)[inserted: or 2302(b)(9)(B)-(D)]…

    Original wording

    In section 1221(k)(1) of title 5, United States Code (as added by section 9(a)), insert “or 2302(b)(9)(B)-(D)” after “section 2302(b)(8)”.

  4. Change 4: Inserts “or 2302(b)(9)(B)-(D)” after “section 2302(b)(8)”

    InsertsSection 7703(b)(3) of title 5, United States Code (as added by section 9(b)(2))

    …section 2302(b)(8)[inserted: or 2302(b)(9)(B)-(D)]…

    Original wording

    In section 7703(b)(3) of title 5, United States Code (as added by section 9(b)(2)), insert “or 2302(b)(9)(B)-(D)” after “section 2302(b)(8)”.

  5. Change 5: Inserts “forum,” after “context,”

    InsertsSection 2303a(a)(2)(A) of title 5, United States Code (as amended by section 10(a))

    …context,[inserted: forum,]…

    Original wording

    In section 2303a(a)(2)(A) of title 5, United States Code (as amended by section 10(a)), insert “forum,” after “context,”.

Shown as written

In section 2, in the matter to be inserted by paragraphs (1)(A) and (2)(A) thereof, insert “forum,” after “context,”.

In the matter to be inserted by section 9(d)(2) in section 7703(c) of title 5, United States Code, insert “or 2302(b)(9)(B)-(D)” after “section 2302(b)(8)”.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

In section 2, in the matter to be inserted by paragraphs (1)(A) and (2)(A) thereof, insert “forum,” after “context,”.

In section 2, insert “(a) In General.--” before “Section” and add at the end the following:

(b) Prohibited Personnel Practices Under Section 2302(b)(9).--Title 5, United States Code, is amended in subsections (a)(3), (b)(4)(A), and (b)(4)(B)(i) of section 1214 and in subsections (a) and (e)(1) of section 1221 by inserting “or 2302(b)(9)(B)-(D)” after “section 2302(b)(8)” each place it appears.

In section 1221(k)(1) of title 5, United States Code (as added by section 9(a)), insert “or 2302(b)(9)(B)-(D)” after “section 2302(b)(8)”.

In section 7703(b)(3) of title 5, United States Code (as added by section 9(b)(2)), insert “or 2302(b)(9)(B)-(D)” after “section 2302(b)(8)”.

In the matter to be inserted by section 9(d)(2) in section 7703(c) of title 5, United States Code, insert “or 2302(b)(9)(B)-(D)” after “section 2302(b)(8)”.

In section 2303a(a)(2)(A) of title 5, United States Code (as amended by section 10(a)), insert “forum,” after “context,”.

Legislative Activity

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5 earlier actions
Floor Latest Action

House amendment offered

March 14, 2007

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Floor

House amendment offered

March 14, 2007

Floor

House amendment agreed to: On agreeing to the Platts amendment Agreed to by voice vote.

March 14, 2007 • 4:14 PM

Not Used

Amendment agreed to Committee of the Whole

March 14, 2007 • 4:14 PM

Not Used

House amendment offered/reported by : Amendment (A003) offered by Mr. Platts.(consideration: CR H2533-2534; text: CR H2533-2534)

March 14, 2007 • 4:08 PM

Floor

Amendment (A003) offered by Mr. Platts. (consideration: CR H2533-2534; text: CR H2533-2534)

March 14, 2007 • 4:08 PM

Floor

On agreeing to the Platts amendment Agreed to by voice vote.

March 14, 2007 • 4:14 PM