I
107TH CONGRESS
1ST SESSION
H. R. 2588
To amend chapter 23 of title 5, United States Code, to clarify the disclosures
of information protected from prohibited personnel practices, require
a statement in nondisclosure policies, forms, and agreements that such
policies, forms, and agreements conform with certain disclosure protec-
tions, provide certain authority for the Special Counsel, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 23, 2001
Mrs. MORELLA (for herself, Ms. MCKINNEY, Ms. NORTON, Mr. KILDEE, Mr.
FRANK, Mr. TOM DAVIS of Virginia, Mr. WOLF, Mr. GILMAN, Mrs.
MALONEY of New York, Mr. FATTAH, Mr. MCDERMOTT, Mr. FILNER,
Mrs. MINK of Hawaii, Mr. SANDERS, Mr. MORAN of Virginia, Mr.
FROST, and Mr. HORN) introduced the following bill; which was referred
to the Committee on Government Reform
A BILL
To amend chapter 23 of title 5, United States Code, to
clarify the disclosures of information protected from pro-
hibited personnel practices, require a statement in non-
disclosure policies, forms, and agreements that such poli-
cies, forms, and agreements conform with certain disclo-
sure protections, provide certain authority for the Special
Counsel, 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. PROTECTION OF CERTAIN DISCLOSURES OF IN-
FORMATION BY FEDERAL EMPLOYEES.
(a) 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 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 cred-
ible evidence of’’; and
(B) in clause (i), by striking ‘‘a violation’’
and inserting ‘‘any violation’’;
(2) in subparagraph (B)—
(A) by striking ‘‘which the employee or ap-
plicant reasonably believes evidences’’ and in-
serting ‘‘, without restriction 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 to the Special
Counsel, or to the Inspector General of an
agency or another employee designated by the
head of the agency to receive such disclosures,
of information that the employee or applicant
reasonably believes is credible evidence of’’; and
(B) in clause (i), by striking ‘‘a violation’’
and inserting ‘‘any violation’’; and
(3) by adding at the end the following:
‘‘(C) a disclosure that—
‘‘(i) is made by an employee or appli-
cant of information required by law or Ex-
ecutive order to be kept secret in the inter-
est of national defense or the conduct of
foreign affairs that the employee or appli-
cant reasonably believes is credible evi-
dence of—
‘‘(I) any violation of any law,
rule, or regulation;
‘‘(II) gross mismanagement, a
gross waste of funds, an abuse of au-
thority, or a substantial and specific
danger to public health or safety; or
‘‘(III) a false statement to Con-
gress on an issue of material fact; and
‘‘(ii) is made to—
‘‘(I) a member of a committee of
Congress having a primary responsi-
bility for oversight of a department,
agency, or element of the Federal
Government to which the disclosed in-
formation relates;
‘‘(II) any other Member of Con-
gress who is authorized to receive in-
formation of the type disclosed; or
‘‘(III) an employee of the execu-
tive branch or Congress who has the
appropriate security clearance for ac-
cess to the information disclosed.’’.
(b) COVERED DISCLOSURES.—Section 2302(b) of
title 5, United States Code, is amended—
(1) in the matter following paragraph (12), by
striking ‘‘This subsection’’ and inserting the fol-
lowing:
‘‘This subsection’’; and
(2) by adding at the end the following:
‘‘In this subsection, the term ‘disclosure’ means a for-
mal or informal communication or transmission.’’.
(c) NONDISCLOSURE POLICIES, FORMS, AND AGREE-
MENTS.—
(1) 
PERSONNEL
ACTION.—Section
2302(a)(2)(A) of title 5, United States Code, is
amended—
(A) in clause (x), by striking ‘‘and’’ after
the semicolon; and
(B) 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’’.
(2) PROHIBITED PERSONNEL PRACTICE.—Sec-
tion 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 pe-
riod 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 liabil-
ities 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
disclosure to Congress by members of the mili-
tary); 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 et seq.) (governing
disclosures that could expose confidential Gov-
ernment agents); and the statutes which protect
against disclosures that could compromise na-
tional security, including sections 641, 793,
794, 798, and 952 of title 18, United States
Code, and section 4(b) of the Subversive Activi-
ties Control Act of 1950 (50 U.S.C. 783(b)).
The 
definitions, 
requirements, 
obligations,
rights, sanctions, and liabilities created by such
Executive order and such statutory provisions
are incorporated into this agreement and are
controlling.’ ’’.
(d) AUTHORITY OF SPECIAL COUNSEL RELATING TO
CIVIL ACTIONS.—