I 
109TH CONGRESS 
1ST SESSION H. R. 3097
To amend title 5, United States Code, to clarify which disclosures of informa-
tion are protected from prohibited personnel practices; to require a state-
ment in nondisclosure policies, forms, and agreements to the effect that 
such policies, forms, and agreements are consistent with certain disclo-
sure protections; and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2005
Mr. PLATTS introduced the following bill; which was referred to the 
Committee on Government Reform 
A BILL 
To amend title 5, United States Code, to clarify which disclo-
sures of information are protected from prohibited per-
sonnel practices; to require a statement in nondisclosure 
policies, forms, and agreements to the effect that such 
policies, forms, and agreements are consistent with cer-
tain disclosure protections; and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Employee Pro-
tection of Disclosures Act’’.
SEC. 2. CLARIFICATION OF DISCLOSURES COVERED. 
Section 2302(b)(8) of title 5, United States Code, is 
amended—
(1) in subparagraph (A)—
(A) by striking ‘‘which the employee or ap-
plicant reasonably believes evidences’’ and in-
serting ‘‘, without restriction as to time, place, 
form, motive, context, or prior disclosure made 
to any person by an employee or applicant, in-
cluding a disclosure made in the ordinary 
course of an employee’s duties, that the em-
ployee or applicant reasonably believes is evi-
dence of’’; and 
(B) in clause (i), by striking ‘‘a violation’’ 
and inserting ‘‘any violation’’; and 
(2) in subparagraph (B)—
(A) by striking ‘‘which the employee or ap-
plicant reasonably believes evidences’’ and in-
serting ‘‘, without restriction as to time, place, 
form, motive, context, or prior disclosure made 
to any person by an employee or applicant, in-
cluding a disclosure made in the ordinary 
course of an employee’s duties, of information 
that the employee or applicant reasonably be-
lieves is evidence of’’; and
(B) in clause (i), by striking ‘‘a violation’’ 
and inserting ‘‘any violation (other than a viola-
tion of this section)’’. 
SEC. 3. COVERED DISCLOSURES. 
Section 2302(a)(2) of title 5, United States Code, is 
amended—
(1) in subparagraph (B)(ii), by striking ‘‘and’’ 
at the end; 
(2) in subparagraph (C)(iii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(D) ‘disclosure’ means a formal or informal 
communication, but does not include a communica-
tion concerning policy decisions that lawfully exer-
cise discretionary authority unless the employee pro-
viding the disclosure reasonably believes that the dis-
closure evidences—
‘‘(i) any violation of any law, rule, or regu-
lation; or 
‘‘(ii) gross mismanagement, a gross waste 
of funds, an abuse of authority, or a substantial 
and specific danger to public health or safety.’’. 
SEC. 4. REBUTTABLE PRESUMPTION. 
Section 2302(b) of title 5, United States Code, is 
amended by adding at the end the following: ‘‘For pur-
poses of paragraph (8), any presumption relating to the 
performance of a duty by an employee who has authority 
to take, direct others to take, recommend, or approve any 
personnel action may be rebutted by substantial evidence. 
For purposes of paragraph (8), a determination as to 
whether an employee or applicant reasonably believes that 
such employee or applicant has disclosed information that 
evidences any violation of law, rule, regulation, gross mis-
management, a gross waste of funds, an abuse of author-
ity, or a substantial and specific danger to public health 
or safety shall be made by determining whether a disin-
terested observer with knowledge of the essential facts 
known to or readily ascertainable by the employee or appli-
cant would reasonably conclude that the actions of the 
Government evidence such violations, mismanagement, 
waste, abuse, or danger.’’. 
SEC. 5. NONDISCLOSURE POLICIES, FORMS, AND AGREE-
MENTS. 
(a) PERSONNEL ACTION.—Section 2302(a)(2)(A) of 
title 5, United States Code, is amended—
(1) in clause (x), by striking ‘‘and’’ at the end; 
(2) by redesignating clause (xi) as clause (xii); 
and
(3) by inserting after clause (x) the following:
‘‘(xi) the implementation or enforcement of 
any nondisclosure policy, form, or agreement; 
and’’. 
(b) PROHIBITED PERSONNEL PRACTICE.—Section 
2302(b) of title 5, United States Code, is amended—
(1) in paragraph (11), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (12), by striking the period 
and inserting a semicolon; and 
(3) by inserting after paragraph (12) the fol-
lowing: 
‘‘(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 su-
persede, conflict with, or otherwise alter the employee obli-
gations, rights, or liabilities created by Executive Order 
No. 12958; section 7211 of title 5, United States Code 
(governing disclosures to Congress); section 1034 of title 
10, United States Code (governing disclosures to Congress 
by members of the military); section 2302(b)(8) of title 
5, United States Code (governing disclosures of illegality, 
waste, fraud, abuse, or public health or safety threats); 
the Intelligence Identities Protection Act of 1982 (50 
U.S.C. 421 and following) (governing disclosures that