I 

117TH CONGRESS 

1ST SESSION H. R. 2988 

To amend title 5, United States Code, to modify and enhance protections 

for Federal Government whistleblowers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2021 

Mrs. CAROLYN B. MALONEY of New York (for herself, Mr. CONNOLLY, Ms. 

SPEIER, Ms. MACE, Ms. JOHNSON of Texas, and Miss RICE of New 

York) introduced the following bill; which was referred to the Committee 

on Oversight and Reform 

A BILL 

To amend title 5, United States Code, to modify and enhance 

protections for Federal Government whistleblowers, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Whistleblower Protec5 tion Improvement Act of 2021’’. 

6 SEC. 2. ADDITIONAL WHISTLEBLOWER PROTECTIONS. 

7 (a) INVESTIGATIONS AS PERSONNEL ACTIONS.— 

8 (1) IN GENERAL.—Section 2302(a)(2)(A) of 

9 title 5, United States Code, is amended— 


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1 (A) in clause (xi), by striking ‘‘and’’ at the 

2 end; 

3 (B) by redesignating clause (xii) as clause 

4 (xiii); and 

5 (C) by adding after the clause (xi) the fol6 lowing: 

7 ‘‘(xii) the opening of any investigation 

8 as a result of a disclosure protected by 

9 subsection (b)(8), but not including— 

10 ‘‘(I) any investigation that is 

11 ministerial or nondiscretionary; or 

12 ‘‘(II) any investigation that is 

13 conducted by an Inspector General of 

14 an entity of the Federal Government 

15 of an employee not employed by the 

16 office of that Inspector General; and’’. 

17 (2) APPLICATION.—The amendment made by 

18 paragraph (1) shall apply to any investigation 

19 opened (as described under section 

20 2302(a)(2)(A)(xii) of title 5, United States Code, as 

21 added by such paragraph) on or after the date of en22 actment of this Act. 

23 (b) RIGHT TO PETITION CONGRESS.— 

24 (1) IN GENERAL.—Section 2302(b)(9) of title 

25 5, United States Code, is amended— 


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1 (A) in subparagraph (C), by striking ‘‘or’’ 

2 at the end; 

3 (B) in subparagraph (D), by adding ‘‘or’’ 

4 at the end after the semicolon; and 

5 (C) by adding at the end the following: 

6 ‘‘(E) the exercise of any right protected 

7 under section 7211;’’. 

8 (2) APPLICATION.—The amendment made by 

9 paragraph (1) shall apply to the exercise of any 

10 right described in section 2302(b)(9)(E) of title 5, 

11 United States Code, as added by paragraph (1), oc12 curring on or after the date of enactment of this 

13 Act. 

14 (c) PROHIBITION ON DISCLOSURE OF WHISTLE15 BLOWER IDENTITY.— 

16 (1) IN GENERAL.—Section 2302 of title 5, 

17 United States Code, is amended by adding at the 

18 end the following: 

19 ‘‘(g)(1) No employee of an agency may willfully com20 municate or transmit to any individual who is not an offi21 cer or employee of the Government the identity of, or per22 sonally identifiable information about, any other employee 

23 who has made, or is suspected to have made, a disclosure 

24 protected by subsection (b)(8), unless— 


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1 ‘‘(A) the other employee provides express 

2 written consent prior to the communication or 

3 transmission; 

4 ‘‘(B) the communication or transmission is 

5 made in accordance with the provisions of sec6 tion 552a; 

7 ‘‘(C) the communication or transmission is 

8 made to a lawyer for the sole purpose of pro9 viding legal advice to an employee accused of 

10 whistleblower retaliation; or 

11 ‘‘(D) the communication or transmission is 

12 required or permitted by any other provision of 

13 law. 

14 ‘‘(2) In this subsection, the term ‘officer or employee 

15 of the Government’ means— 

16 ‘‘(A) the President; 

17 ‘‘(B) a Member of Congress; 

18 ‘‘(C) a member of the uniformed services; 

19 ‘‘(D) an employee as that term is defined in 

20 section 2105, including an employee of the United 

21 States Postal Service, the Postal Regulatory Com22 mission, or the Department of Veterans Affairs (in23 cluding any employee appointed pursuant to chapter 

24 73 or 74 of title 38); and 


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1 ‘‘(E) any other officer or employee in any 

2 branch of the Government of the United States.’’. 

3 (2) APPLICATION.—The amendment made by 

4 paragraph (1) shall apply to any transmission or 

5 communication described in subsection (g) of section 

6 2302 of title 5, United States Code, as added by 

7 paragraph (1), made on or after the date of enact8 ment of this Act. 

9 (d) RIGHT TO PETITION CONGRESS.— 

10 (1) IN GENERAL.—Section 7211 of title 5, 

11 United States Code, is amended to read as follows: 

12 ‘‘§ 7211. Employees’ right to petition or furnish infor13 mation or respond to Congress 

14 ‘‘(a) IN GENERAL.—Each officer or employee of the 

15 Federal Government, individually or collectively, has a 

16 right to— 

17 ‘‘(1) petition Congress or a Member of Con18 gress; 

19 ‘‘(2) furnish information, documents, or testi20 mony to either House of Congress, any Member of 

21 Congress, or any committee or subcommittee of the 

22 Congress; or 

23 ‘‘(3) respond to any request for information, 

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1 gress or any Committee or subcommittee of Con2 gress. 

3 ‘‘(b) PROHIBITED ACTIONS.—No officer or employee 

4 of the Federal Government may interfere with or deny the 

5 right set forth in subsection (a), including by— 

6 ‘‘(1) prohibiting or preventing, or attempting or 

7 threatening to prohibit or prevent, any other officer 

8 or employee of the Federal Government from engag9 ing in activity protected in subsection (a); or 

10 ‘‘(2) removing, suspending from duty without 

11 pay, demoting, reducing in rank, seniority, status, 

12 pay, or performance or efficiency rating, denying 

13 promotion to, relocating, reassigning, transferring, 

14 disciplining, or discriminating in regard to any em15 ployment right, entitlement, or benefit, or any term 

16 or condition of employment of, any other officer or 

17 employee of the Federal Government or attempting 

18 or threatening to commit any of the foregoing ac19 tions protected in subsection (a). 

20 ‘‘(c) APPLICATION.—This section shall not be con21 strued to authorize disclosure of any information that is— 

22 ‘‘(1) specifically prohibited from disclosure by 

23 any other provision of Federal law; or 

24 ‘‘(2) specifically required by Executive order to 

25 be kept secret in the interest of national defense or 


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1 the conduct of foreign affairs, unless disclosure is 

2 otherwise authorized by law. 

3 ‘‘(d) DEFINITION OF OFFICER OR EMPLOYEE OF

4 THE FEDERAL GOVERNMENT.—For purposes of this sec5 tion, the term ‘officer or employee of the Federal Govern6 ment’ includes— 

7 ‘‘(1) the President; 

8 ‘‘(2) a Member of Congress; 

9 ‘‘(3) a member of the uniformed services; 

10 ‘‘(4) an employee (as that term is defined in 

11 section 2105); 

12 ‘‘(5) an employee of the United States Postal 

13 Service or the Postal Regulatory Commission; and 

14 ‘‘(6) an employee appointed under chapter 73 

15 or 74 of title 38.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions for subchapter II of chapter 72 of title 5, 

18 United States Code, is amended by striking the item 

19 related to section 7211 and inserting the following: 

‘‘7211. Employees’ right to petition or furnish information or respond to Congress.’’. 

20 SEC. 3. ENHANCEMENT OF WHISTLEBLOWER PROTEC21 TIONS. 

22 (a) DISCLOSURES RELATING TO OFFICERS OR EM23 PLOYEES OF AN OFFICE OF INSPECTOR GENERAL.—SecVerDate Sep 11 2014 23:44 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2988.IH H2988

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1 tion 1213(c) of title 5, United States Code, is amended 

2 by adding at the end the following: 

3 ‘‘(3) If the information transmitted under this 

4 subsection disclosed a violation of law, rule, or regu5 lation, or gross waste, gross mismanagement, abuse 

6 of authority, or a substantial and specific danger to 

7 public health or safety, by any officer or employee 

8 of an Office of Inspector General, the Special Coun9 sel may refer the matter to the Committee of Inspec10 tors General for Integrity and Efficiency, which shall 

11 comply with the standards and procedures applicable 

12 to investigations and reports under subsection (c).’’. 

13 (b) ENSURING TIMELY RELIEF.— 

14 (1) INDIVIDUAL RIGHT OF ACTION.—Section 

15 1221 of title 5, United States Code, is amended by 

16 striking ‘‘section 2302(b)(8) or section 

17 2302(b)(9)(A)(i), (B), (C), or (D),’’ in each instance 

18 and inserting ‘‘section 2302(b)(8), section 

19 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 

20 2302(b)(13), or section 2302(g),’’. 

21 (2) STAYS.—Section 1221(c)(2) of title 5, 

22 United States Code, is amended to read as follows: 

23 ‘‘(2) Any stay requested under paragraph (1) 

24 shall be granted within 10 calendar days (excluding 


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1 Saturdays, Sundays, and legal holidays) after the 

2 date the request is made, if the Board determines— 

3 ‘‘(A) that there is a substantial likelihood 

4 that protected activity was a contributing factor 

5 to the personnel action involved; or 

6 ‘‘(B) the Board otherwise determines that 

7 such a stay would be appropriate.’’. 

8 (3) APPEAL OF STAY.—Section 1221(c) of title 

9 5, United States Code, is amended by adding at the 

10 end the following: 

11 ‘‘(4) If any stay requested under paragraph (1) 

12 is denied, the employee, former employee, or appli13 cant may, within 7 days after receiving notice of the 

14 denial, file an appeal for expedited review by the 

15 Board. The agency shall have 7 days thereafter to 

16 respond. The Board shall provide a decision not 

17 later than 21 days after receiving the appeal. During 

18 the period of appeal, both parties may supplement 

19 the record with information unavailable to them at 

20 the time the stay was first requested.’’. 

21 (4) ACCESS TO DISTRICT COURT; JURY

22 TRIALS.—Section 1221(i) of title 5, United States 

23 Code, is amended— 

24 (A) by striking ‘‘(i) Subsections’’ and in25 serting ‘‘(i)(1) Subsections’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(2)(A) If, in the case of an employee, former em3 ployee, or applicant for employment who seeks corrective 

4 action from the Merit Systems Protection Board based on 

5 an alleged prohibited personnel practice described in sec6 tion 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), 

7 or (E), section 2302(b)(13), or section 2302(g), no final 

8 order or decision is issued by the Board within 180 days 

9 after the date on which a request for such corrective action 

10 has been duly submitted to the Board, such employee, 

11 former employee, or applicant may, after providing written 

12 notice to the Special Counsel and the Board and only with13 in 20 days after providing such notice, bring an action 

14 for review de novo before the appropriate United States 

15 district court, and such action shall, at the request of ei16 ther party to such action, be tried before a jury. Upon 

17 filing of an action with the appropriate United States dis18 trict court, any proceedings before the Board shall cease 

19 and the employee, former employee, or applicant for em20 ployment waives any right to refile with the Board. 

21 ‘‘(B) If the Board certifies (in writing) to the parties 

22 of a case that the complexity of such case requires a longer 

23 period of review, subparagraph (A) shall be applied by 

24 substituting ‘240 days’ for ‘180 days’. 


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1 ‘‘(C) In any such action brought before a United 

2 States district court under subparagraph (A), the court— 

3 ‘‘(i) shall apply the standards set forth in sub4 section (e); and 

5 ‘‘(ii) may award any relief which the court con6 siders appropriate, including any relief described in 

7 subsection (g).’’. 

8 (c) RECIPIENTS OF WHISTLEBLOWER DISCLO9 SURES.—Section 2302(b)(8)(B) of title 5, United States 

10 Code, is amended by striking ‘‘or to the Inspector General 

11 of an agency or another employee designated by the head 

12 of the agency to receive such disclosures’’ and inserting 

13 ‘‘the Inspector General of an agency, a supervisor in the 

14 employee’s direct chain of command up to and including 

15 the head of the employing agency, or to an employee des16 ignated by any of the aforementioned individuals for the 

17 purpose of receiving such disclosures’’. 

18 (d) ATTORNEY FEES.—Section 7703(a) of title 5, 

19 United States Code, is amended by adding at the end the 

20 following: 

21 ‘‘(3) If an employee, former employee, or appli22 cant for employment is the prevailing party under 

23 an appeal under this section, the employee, former 

24 employee, or applicant for employment shall be enti25 tled to attorney fees for all representation carried 


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1 out pursuant to this section. In such an action for 

2 attorney fees, the agency responsible for taking the 

3 personnel action shall be the respondent and shall be 

4 responsible for paying the fees.’’. 

5 (e) EXTENDING WHISTLEBLOWER PROTECTION ACT

6 TO CERTAIN EMPLOYEES.— 

7 (1) IN GENERAL.—Section 2302(a)(2)(A) of 

8 title 5, United States Code, is amended in the mat9 ter following clause (xiii)— 

10 (A) by inserting ‘‘subsection (b)(9)(A)(i), 

11 (B), (C), (D), or (E), subsection (b)(13), or 

12 subsection (g),’’ after ‘‘subsection (b)(8),’’; and 

13 (B) by inserting after ‘‘title 31’’ the fol14 lowing: ‘‘, a commissioned officer or applicant 

15 for employment in the Public Health Service, 

16 an officer or applicant for employment in the 

17 commissioned officer corps of the National Oce18 anic and Atmospheric Administration, and a 

19 noncareer appointee in the Senior Executive 

20 Service’’. 

21 (2) CONFORMING AMENDMENTS.—Section 261 

22 of the National Oceanic and Atmospheric Adminis23 tration Commissioned Officer Corps Act of 2002 (33 

24 U.S.C. 3071) is amended— 

25 (A) in subsection (a)— 


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1 (i) by striking paragraph (8); and 

2 (ii) by redesignating paragraphs (9) 

3 through (25) as paragraphs (8) through 

4 (24), respectively; and 

5 (B) in subsection (b), by striking the sec6 ond sentence. 

7 (3) APPLICATION.— 

8 (A) IN GENERAL.—With respect to an offi9 cer or applicant for employment in the commis10 sioned officer corps of the National Oceanic and 

11 Atmospheric Administration, the amendments 

12 made by paragraphs (1) and (2) shall apply to 

13 any personnel action taken against such officer 

14 or applicant on or after the date of enactment 

15 of the National Oceanic and Atmospheric Ad16 ministration Commissioned Officer Corps 

17 Amendments Act of 2020 (Public Law 116– 

18 259) for making any disclosure protected under 

19 section 2302(8) of title 5, United States Code. 

20 (B) EXCEPTION.—Subparagraph (A) shall 

21 not apply to any personnel action with respect 

22 to which a complaint has been filed pursuant to 

23 section 1034 of title 10, United States Code, 

24 and a final decision has been rendered regard25 ing such complaint. 


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1 (f) RELIEF.—Section 7701(b)(2)(A) of title 5, 

2 United States Code, is amended by striking ‘‘upon the 

3 making of the decision’’ and inserting ‘‘upon making of 

4 the decision, necessary to make the employee whole as if 

5 there had been no prohibited personnel practice, including 

6 training, seniority and promotions consistent with the em7 ployee’s prior record,’’. 

8 SEC. 4. CLASSIFYING CERTAIN FURLOUGHS AS ADVERSE 

9 PERSONNEL ACTIONS. 

10 (a) IN GENERAL.—Section 7512 of title 5, United 

11 States Code, is amended— 

12 (1) in paragraph (4), by striking ‘‘and’’ at the 

13 end; and 

14 (2) by striking paragraph (5) and inserting the 

15 following: 

16 ‘‘(5) a furlough of more than 14 days but less 

17 than 30 days; and 

18 ‘‘(6) a furlough of 13 days or less that is not 

19 due to a lapse in appropriations;’’. 

20 (b) APPLICATION.—The amendment made by sub21 section (a) shall apply to any furlough covered by such 

22 section 7512(5) or (6) (as amended by such subsection) 

23 occurring on or after the date of enactment of this Act. 


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1 SEC. 5. CODIFICATION OF PROTECTIONS FOR DISCLO2 SURES OF CENSORSHIP RELATED TO RE3 SEARCH, ANALYSIS, OR TECHNICAL INFOR4 MATION. 

5 (a) IN GENERAL.—Section 2302 of title 5, United 

6 States Code, as amended by section 2(c)(1), is further 

7 amended by adding at the end the following: 

8 ‘‘(h)(1) In this subsection— 

9 ‘‘(A) the term ‘applicant’ means an applicant 

10 for a covered position; 

11 ‘‘(B) the term ‘censorship related to research, 

12 analysis, or technical information’ means any effort 

13 to distort, misrepresent, or suppress research, anal14 ysis, or technical information; and 

15 ‘‘(C) the term ‘employee’ means an employee in 

16 a covered position in an agency. 

17 ‘‘(2)(A) Any disclosure of information by an employee 

18 or applicant for employment that the employee or appli19 cant reasonably believes is evidence of censorship related 

20 to research, analysis, or technical information— 

21 ‘‘(i) shall come within the protections of sub22 section (b)(8)(A) if— 

23 ‘‘(I) the employee or applicant reasonably 

24 believes that the censorship related to research, 

25 analysis, or technical information is or will 

26 cause— 


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1 ‘‘(aa) any violation of law, rule, or 

2 regulation; or 

3 ‘‘(bb) gross mismanagement, a gross 

4 waste of funds, an abuse of authority, or 

5 a substantial and specific danger to public 

6 health or safety; and 

7 ‘‘(II) such disclosure is not specifically pro8 hibited by law or such information is not spe9 cifically required by Executive order to be kept 

10 classified in the interest of national defense or 

11 the conduct of foreign affairs; and 

12 ‘‘(ii) shall come within the protections of sub13 section (b)(8)(B) if— 

14 ‘‘(I) the employee or applicant reasonably 

15 believes that the censorship related to research, 

16 analysis, or technical information is or will 

17 cause— 

18 ‘‘(aa) any violation of law, rule, or 

19 regulation; or 

20 ‘‘(bb) gross mismanagement, a gross 

21 waste of funds, an abuse of authority, or 

22 a substantial and specific danger to public 

23 health or safety; and 

24 ‘‘(II) the disclosure is made to the Special 

25 Counsel, or to the Inspector General of an 


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1 agency or another person designated by the 

2 head of the agency to receive such disclosures, 

3 consistent with the protection of sources and 

4 methods. 

5 ‘‘(3) A disclosure shall not be excluded from para6 graph (2) for any reason described under subsection (f)(1) 

7 or (2). 

8 ‘‘(4) Nothing in this subsection shall be construed to 

9 imply any limitation on the protections of employees and 

10 applicants afforded by any other provision of law, includ11 ing protections with respect to any disclosure of informa12 tion believed to be evidence of censorship related to re13 search, analysis, or technical information.’’. 

14 (b) REPEAL.— 

15 (1) IN GENERAL.—Section 110 of the Whistle16 blower Protection Enhancement Act of 2012 (Public 

17 Law 112–199) is hereby repealed. 

18 (2) RULE OF CONSTRUCTION.—Nothing in this 

19 section shall be construed to limit or otherwise affect 

20 any action under such section 110 commenced be21 fore the date of enactment of this Act or any protec22 tions afforded by such section with respect to such 

23 action. 


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1 SEC. 6. TITLE 5 TECHNICAL AND CONFORMING AMEND2 MENTS. 

3 Title 5, United States Code, is amended— 

4 (1) in section 1212(h), by striking ‘‘or (9)’’ in 

5 each instance and inserting ‘‘, (b)(9), (b)(13), or 

6 (g)’’; 

7 (2) in section 1214(a)— 

8 (A) by striking ‘‘section 2302(b)(8) or sec9 tion 2302(b)(9)(A)(i), (B), (C), or (D)’’ in each 

10 instance and inserting ‘‘section 2302(b)(8), sec11 tion 2302(b)(9)(A)(i), (B), (C), (D), or (E), 

12 section 2302(b)(13), or section 2302(g)’’; and 

13 (B) in subsection (i), by striking ‘‘section 

14 2302(b)(8) or subparagraph (A)(i), (B), (C), or 

15 (D) of section 2302(b)(9)’’ and inserting ‘‘sec16 tion 2302(b)(8), subparagraph (A)(i), (B), (C), 

17 (D), or (E) of section 2302(b)(9), section 

18 2302(b)(13), or section 2302(g)’’; 

19 (3) in section 1215, by striking ‘‘section 

20 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)’’ in 

21 each instance and inserting ‘‘section 2302(b)(8), sec22 tion 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 

23 2302(b)(13), or section 2302(g)’’; 

24 (4) in section 2302— 

25 (A) in subsection (a)— 


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1 (i) in paragraph (1), by inserting ‘‘or 

2 (g)’’ after ‘‘subsection (b)’’; and 

3 (ii) in paragraph (2)(C)(i), by striking 

4 ‘‘subsection (b)(8) or section 

5 2302(b)(9)(A)(i), (B), (C), or (D)’’ and in6 serting ‘‘section 2302(b)(8), section 

7 2302(b)(9)(A)(i), (B), (C), (D), or (E), 

8 section 2302(b)(13), or section 2302(g)’’; 

9 and 

10 (B) in subsection (c)(1)(B), by striking 

11 ‘‘paragraph (8) or subparagraph (A)(i), (B), 

12 (C), or (D) of paragraph (9) of subsection (b)’’ 

13 and inserting ‘‘paragraph (8), subparagraph 

14 (A)(i), (B), (C), or (D) of paragraph (9), or 

15 paragraph (13) of subsection (b) or subsection 

16 (g)’’; 

17 (5) in section 7515(a)(2), by striking ‘‘para18 graph (8), (9), or (14) of section 2302(b)’’ and in19 serting ‘‘paragraph (8), (9), (13), or (14) of section 

20 2302(b) or section 2302(g)’’; 

21 (6) in section 7701(c)(2)(B), by inserting ‘‘or 

22 section 2302(g)’’ after ‘‘section 2302(b)’’; and 

23 (7) in section 7703(b)(1)(B), by striking ‘‘sec24 tion 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or 

25 (D)’’ in each instance and inserting ‘‘section 


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1 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), 

2 or (E), section 2302(b)(13), or section 2302(g)’’. 

Æ 


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