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109TH CONGRESS 
1ST SESSION H. R. 1317
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 
MARCH 15, 2005
Mr. PLATTS
(for himself, Mr. BLUMENAUER, Mr. CUMMINGS, Mrs. 
BLACKBURN, Ms. WOOLSEY, Mr. PAUL, Mr. MARKEY, Mr. SHAYS, Ms. 
SCHAKOWSKY, Ms. BALDWIN, Mr. MCNULTY, Mr. BERMAN, Mr. STARK, 
Mr. VAN HOLLEN, Ms. DEGETTE, Ms. MCCOLLUM of Minnesota, Mr. 
SIMMONS, and Mr. LAHOOD) introduced the following bill; which was re-
ferred 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 
could expose confidential Government agents); and the 
statutes which protect against disclosures that could com-
promise national security, including sections 641, 793, 
794, 798, and 952 of title 18, United States Code, and 
section 4(b) of the Subversive Activities 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 in-
corporated into this agreement and are controlling.’; or 
‘‘(14) conduct, or cause to be conducted, an in-
vestigation, other than any ministerial or nondis-
cretionary factfinding activities necessary for the 
agency to perform its mission, of an employee or ap-
plicant for employment because of any activity pro-
tected under this section.’’. 
SEC. 6. EXCLUSION OF AGENCIES BY THE PRESIDENT. 
Section 2302(a)(2)(C) of title 5, United States Code, 
is amended by striking clause (ii) and inserting the fol-
lowing: 
‘‘(ii)(I) the Federal Bureau of Investiga-
tion, the Central Intelligence Agency, the De-
fense Intelligence Agency, the National Imagery 
and Mapping Agency, the National Security 
Agency; and
‘‘(II) as determined by the President, any 
Executive agency or unit thereof the principal 
function of which is the conduct of foreign in-
telligence, 
counterintelligence 
activities, 
or 
homeland security, if the determination (as that 
determination relates to a personnel action) is 
made before that personnel action; or’’. 
SEC. 7. DISCIPLINARY ACTION. 
Section 1215(a)(3) of title 5, United States Code, is 
amended to read as follows: 
‘‘(3)(A) A final order of the Board may impose—
‘‘(i) disciplinary action consisting of removal, 
reduction in grade, debarment from Federal employ-
ment for a period not to exceed 5 years, suspension, 
or reprimand; 
‘‘(ii) an assessment of a civil penalty not to ex-
ceed $1,000; or 
‘‘(iii) any combination of disciplinary actions 
described under clause (i) and an assessment de-
scribed under clause (ii). 
‘‘(B) In any case in which the Board finds that an 
employee has committed a prohibited personnel practice 
under paragraph (8) or (9) of section 2302(b), the Board 
shall impose disciplinary action if the Board finds that the 
activity protected under such paragraph (8) or (9) (as the
case may be) was the primary motivating factor, unless 
that employee demonstrates, by a preponderance of the 
evidence, that the employee would have taken, failed to 
take, or threatened to take or fail to take the same per-
sonnel action, in the absence of such protected activity.’’. 
SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON 
REVOCATION OF SECURITY CLEARANCES. 
(a) REQUIREMENT.—The Comptroller General shall 
conduct a study of security clearance revocations, taking 
effect after 1996, with respect to personnel that filed 
claims under chapter 12 of title 5, United States Code, 
in connection therewith. The study shall consist of an ex-
amination of the number of such clearances revoked, the 
number restored, and the relationship, if any, between the 
resolution of claims filed under such chapter and the res-
toration of such clearances. 
(b) REPORT.—Not later than June 30, 2006, the 
Comptroller General shall submit to the Committee on 
Government Reform of the House of Representatives and 
the Committee on Governmental Affairs of the Senate a 
report on the results of the study required by subsection 
(a).
SEC. 9. EFFECTIVE DATE. 
This Act shall take effect 30 days after the date of 
enactment of this Act.
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