Sec. 101. CLARIFICATION OF DISCLOSURES COVERED

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## SEC. 101 CLARIFICATION OF DISCLOSURES COVERED ###

(a)In General Section 2302(b)(8) of title 5, United States Code, is amended— ####

(1)in subparagraph (A)(i), by striking “a violation” and inserting “any violation”; and ####

(2)in subparagraph (B)(i), by striking “a violation” and inserting “any violation (other than a violation of this section)”. ###

(b)Prohibited Personnel Practices Under Section 2302(b)(9) ####

(1)Technical and conforming amendments Title 5, United States Code, is amended— #####

(A)in subsections (a)(3), (b)(4)(A), and (b)(4)(B)(i) of section 1214 and in subsections (a), (e)(1), and

(i)of section 1221, by inserting “or section 2302(b)(9) (A)(i), (B), (C), or (D)” after “section 2302(b)(8)” each place it appears; and #####

(B)in section 2302(a)(2)(C)(i), by inserting “or section 2302(b)(9) (A)(i), (B), (C), or (D)” after “(b)(8)”. ####

(2)Other references #####

(A)Title 5, United States Code, is amended in subsection (b)(4)(B)(i) of section 1214 and in subsection (e)(1) of section 1221 by inserting “or protected activity” after “disclosure” each place it appears. #####

(B)Section 2302(b)(9) of title 5, United States Code, is amended— ######

(i)by striking subparagraph

(A)and inserting the following: > > ##### “(A) > > the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation— > > > ###### “(i) > > with regard to remedying a violation of paragraph (8); or > > > ###### “(ii) > > other than with regard to remedying a violation of paragraph (8);” > ; and ######

(ii)in subparagraph (B), by inserting “(i) or (ii)” after “subparagraph (A)”. #####

(C)Section 2302 of title 5, United States Code, is amended by adding at the end the following: > > ### “(f) > > > ####

(1)> > A disclosure shall not be excluded from subsection (b)(8) because— > > > ##### “(A) > > the disclosure was made to a supervisor or to a person who participated in an activity that the employee or applicant reasonably believed to be covered by subsection (b)(8)(A)(i) and (ii); > > > ##### “(B) > > the disclosure revealed information that had been previously disclosed; > > > ##### “(C) > > of the employee’s or applicant’s motive for making the disclosure; > > > ##### “(D) > > the disclosure was not made in writing; > > > ##### “(E) > > the disclosure was made while the employee was off duty; or > > > ##### “(F) > > of the amount of time which has passed since the occurrence of the events described in the disclosure. > > > #### “(2) > > If a disclosure is made during the normal course of duties of an employee, the disclosure shall not be excluded from subsection (b)(8) if any employee who has authority to take, direct others to take, recommend, or approve any personnel action with respect to the employee making the disclosure, took, failed to take, or threatened to take or fail to take a personnel action with respect to that employee in reprisal for the disclosure.” > .