H.R.1317 - Federal Employee Protection of Disclosures Act109th Congress (2005-2006)
Summary: H.R.1317 — 109th Congress (2005-2006)
Reported to House amended, Part I (06/29/2006)
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 "disclosure" 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 "personnel action" 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).