Federal Employee Protection of Disclosures Act

Bill: 109-hr-1317
Sponsor: Rep. Platts, Todd Russell [R-PA-19]
Introduced: 2005-03-15 in the House
Policy area: Government Operations and Politics
Subjects: Administrative remedies
Armed Forces and National Security
Civil Rights and Liberties, Minority Issues
Congress
Congressional investigations
Congressional reporting requirements
Counterintelligence
Crime and Law Enforcement
Defense contracts
Department of Homeland Security
Disciplining of employees
Discrimination in employment
Dismissal of employees
Employee rights
Evidence (Law)
Federal employees
Government contractors
Governmental investigations
Labor and Employment
Law
Merit Systems Protection Board
Misconduct in office
Personnel management
Security clearances
Terrorism
Transportation and Public Works
Transportation safety
Whistle blowing

Summary:
action_date: 2005-03-15
text: 
 
 
 
 
 
 
 
 
 
Federal Employee Protection of Disclosures Act - Includes as a protected disclosure by a Federal employee any lawful disclosure an employee or applicant reasonably believes is credible evidence of waste, abuse, or gross mismanagement, without restriction as to time, place, form, motive, context, or prior disclosure. 
 
 
 
Requires a Government Accountability Office (GAO) study on security clearances revocations taking effect after 1996 with respect to personnel that filed claims in connection with such security clearance revocations.
action_date: 2006-06-29
text: 
 
 
 
 
 
Federal Employee Protection of Disclosures Act - (Sec. 2) Includes as a protected disclosure by a federal employee any lawful disclosure an employee or applicant for employment reasonably believes is credible evidence of waste, abuse, gross mismanagement, or substantial and specific danger to public health or safety without restriction as to time, place, form, motive, context, or prior disclosure. 
(Sec. 3) Defines the term &quot;disclosure&quot; to mean a formal or informal communication, but does not include a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee providing the disclosure reasonably believes that the disclosure evidences: (1) any violation of any law, rule, or regulation; or (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. 
(Sec. 4) Codifies the legal standard for determining whether a whistleblower has a reasonable belief that a disclosure evidences governmental waste, fraud, or abuse, or a violation of law. 
(Sec. 5) Includes under the definition of &quot;personnel action&quot; the implementation or enforcement of any nondisclosure policy, form, or agreement. Prohibits taking the following actions against whistleblowers making protected disclosures: (1) the implementation or enforcement of any nondisclosure policy, form, or agreement; and (2) an investigation (other than routine nondiscretionary agency investigations) of an employee or applicant. 
(Sec. 6) Authorizes the President to exclude certain agencies engaged in the conduct of foreign intelligence or counterintelligence activities from whistleblower protections if such exclusion is made prior to any personnel action against the whistleblower. 
(Sec. 7) Expands the authority of the Merit Systems Protection Board to impose disciplinary action for prohibited personnel practices. 
(Sec. 8) Requires a Government Accountability Office (GAO) study on security clearances revocations taking effect after 1996 with respect to personnel that filed claims in connection with such security clearance revocations. 
(Sec. 9) Permits an employee, former employee, or applicant to bring an action against the United States at law or equity for de novo review as an alternative recourse in seeking corrective action with respect to a prohibited personnel practice. 
(Sec. 10) Amends the Federal Property and Administrative Services Act of 1949 to modify remedy and enforcement authority under provisions relating to the protection of contractor employees from reprisal for disclosure of certain information, including by permitting such an employee who has been subjected to a reprisal prohibited by such provisions to bring an action at law or equity for de novo review in order to seek compensatory damages and other relief available under those provisions. Makes an identical amendment with respect to federal military law relating to the protection of military contractor employees from reprisal for disclosure of certain information. 
(Sec. 11) Makes certain prohibited personnel practices provisions applicable to the Transportation Security Administration (TSA).

Legislative actions:
action_date: 2006-11-17
text: House Committee on Armed Services Granted an extension for further consideration ending not later than Dec. 8, 2006.
action_date: 2006-11-17
text: Committee on Homeland Security discharged.
action_date: 2006-11-17
text: Committee on Homeland Security discharged.
action_date: 2006-10-10
text: Referred to the Subcommittee on Readiness.
action_date: 2006-09-29
text: House Committee on Homeland Security Granted an extension for further consideration ending not later than Nov. 17, 2006.
action_date: 2006-09-29
text: House Committee on Armed Services Granted an extension for further consideration ending not later than Nov. 17, 2006.
action_date: 2006-09-11
text: House Committee on Homeland Security Granted an extension for further consideration ending not later than Sept. 29, 2006.
action_date: 2006-09-11
text: House Committee on Armed Services Granted an extension for further consideration ending not later than Sept. 29, 2006.
action_date: 2006-07-11
text: Referred to the Subcommittee on Management, Integration, and Oversight.
action_date: 2006-06-29
text: Referred sequentially to the House Committee on Homeland Security for a period ending not later than Sept. 11, 2006 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(i), rule X.
action_date: 2006-06-29
text: Referred sequentially to the House Committee on Armed Services for a period ending not later than Sept. 11, 2006 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(c), rule X.
action_date: 2006-06-29
text: Reported (Amended) by the Committee on 109-544, Part I.
action_date: 2006-06-29
text: Reported (Amended) by the Committee on 109-544, Part I.
action_date: 2005-09-29
text: Ordered to be Reported (Amended) by the Yeas and Nays: 34 - 1.
action_date: 2005-09-29
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-03-15
text: Referred to the House Committee on Government Reform.
action_date: 2005-03-15
text: Introduced in House
action_date: 2005-03-15
text: Introduced in House