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H.R. 1317 109th Congress House

Federal Employee Protection of Disclosures Act

Official title: To amend title 5, United States Code, to clarify which disclosures of information are protected from prohibited personnel practices; to require a statement in … Show full official titleShow less

Official title: To amend title 5, United States Code, to clarify which disclosures of information are protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements to the effect that such policies, forms, and agreements are consistent with certain disclosure protections; and for other purposes.

Introduced: March 15, 2005 See on congress.gov
Government Operations and Politics Administrative remediesArmed Forces and National SecurityCivil Rights and Liberties, Minority IssuesCongress
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Congressional investigationsCongressional reporting requirementsCounterintelligenceCrime and Law EnforcementDefense contractsDepartment of Homeland SecurityDisciplining of employeesDiscrimination in employmentDismissal of employeesEmployee rightsEvidence (Law)Federal employeesGovernment contractorsGovernmental investigationsLabor and EmploymentLawMerit Systems Protection BoardMisconduct in officePersonnel managementSecurity clearancesTerrorismTransportation and Public WorksTransportation safetyWhistle blowing
This bill died when the 109th Congress ended
It never became law before the 109th Congress (2005–2006) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 15 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Nov 17, 2006
House Committee on Armed Services Granted an extension for further consideration ending not later than Dec. 8, 2006.
Nov 17, 2006
Committee on Homeland Security discharged.
Oct 10, 2006
Referred to the Subcommittee on Readiness.
Sep 29, 2006
House Committee on Homeland Security Granted an extension for further consideration ending not later than Nov. 17, 2006.
Sep 29, 2006
House Committee on Armed Services Granted an extension for further consideration ending not later than Nov. 17, 2006.
Sep 11, 2006
House Committee on Homeland Security Granted an extension for further consideration ending not later than Sept. 29, 2006.
Sep 11, 2006
House Committee on Armed Services Granted an extension for further consideration ending not later than Sept. 29, 2006.
Jul 11, 2006
Referred to the Subcommittee on Management, Integration, and Oversight.
Jun 29, 2006
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.
Jun 29, 2006
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.
Jun 29, 2006
Reported (Amended) by the Committee on 109-544, Part I.
Sep 29, 2005
Ordered to be Reported (Amended) by the Yeas and Nays: 34 - 1.
Sep 29, 2005
Committee Consideration and Mark-up Session Held.
Mar 15, 2005
Referred to the House Committee on Government Reform.
Mar 15, 2005
Introduced in House
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 Latest action November 17, 2006

House Committee on Armed Services Granted an extension for further consideration ending not later than Dec. 8, 2006.

 Plain-English summary Congressional Research Service

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).

 Related & companion bills 2
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 5
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APA
U.S. Congress. (2026). H.R. 1317: Federal Employee Protection of Disclosures Act. 109th Congress. Open America. https://openamerica.io/bill/109-HR-1317/
MLA
"H.R. 1317: Federal Employee Protection of Disclosures Act." 109th Congress, 2026, Open America, https://openamerica.io/bill/109-HR-1317/.
Bluebook (legal)
H.R. 1317, 109th Cong. (2026), https://openamerica.io/bill/109-HR-1317/.
Markdown link
[H.R. 1317: Federal Employee Protection of Disclosures Act](https://openamerica.io/bill/109-HR-1317/)
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