PERSONNEL ACTIONS AND PROHIBITED PERSONNEL PRACTICES.

SEC. 104. PERSONNEL ACTIONS AND PROHIBITED PERSONNEL PRACTICES. (a) Personnel Action.—Section 2302(a)(2)(A) of title 5, United States Code, is amended— (1) in clause (x), by striking “and” after the semicolon; and (2) by redesignating clause (xi) as clause (xii) and inserting after clause (x) the following: “(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and” . (b) Prohibited Personnel Practice.— (1) In general.—Section 2302(b) of title 5, United States Code, is amended— (A) in paragraph (11), by striking “or” at the end; (B) in paragraph (12), by striking the period and inserting “; or”; and (C) by inserting after paragraph (12) the following: “(13) implement or enforce any nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain the following statement: ‘These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.’.” . (2) [5 U.S.C. 2302 note] Agency websites.—Agencies making use of any nondisclosure policy, form, or agreement shall also post the statement required under section 2302(b)(13) of title 5, United States Code (as added by this Act) on the agency website, accompanied by the specific list of controlling Executive orders and statutory provisions. (3) [5 U.S.C. 2302 note] Nondisclosure policy, form, or agreement in effect before the effective date.—With respect to a nondisclosure policy, form, or agreement that was in effect before the effective date of this Act, but that does not contain the statement required under section 2302(b)(13) of title 5, United States Code (as added by this Act) for implementation or enforcement— (A) it shall not be a prohibited personnel practice to enforce that policy, form, or agreement with regard to a current employee if the agency gives such employee notice of the statement; and (B) it shall not be a prohibited personnel practice to enforce that policy, form, or agreement after the effective date of this Act with regard to a former employee if the agency complies with paragraph (2) of this subsection. (c) Retaliatory Investigations.— (1) Agency investigation.—Section 1214 of title 5, United States Code, is amended by adding at the end the following: “(h) Any corrective action ordered under this section to correct a prohibited personnel practice may include fees, costs, or damages reasonably incurred due to an agency investigation of the employee, if such investigation was commenced, expanded, or extended in retaliation for the disclosure or protected activity that formed the basis of the corrective action.” . (2) Damages.—Section 1221(g) of title 5, United States Code, is amended by adding at the end the following: “(4) Any corrective action ordered under this section to correct a prohibited personnel practice may include fees, costs, or damages reasonably incurred due to an agency investigation of the employee, if such investigation was commenced, expanded, or extended in retaliation for the disclosure or protected activity that formed the basis of the corrective action.” .