Enhancing Protections for Whistleblower Anonymity Act

To amend title 18, United States Code, to make the disclosure of the identity of a whistleblower a criminal offense, to provide a civil right of action for the disclosure of the identity of a whistleblower, and for other purposes. 1. Short title This Act may be cited as the Enhancing Protections for Whistleblower Anonymity Act 2. Criminal penalty for the disclosure of the identity of a whistleblower (a) In general Chapter 88 1802. Disclosure of whistleblower identity (a) In general Except under the circumstances described in subsection (b), whoever, being an employee of the Federal Government or contractor of the Federal Government, knowingly makes a prohibited disclosure shall be fined under this title, imprisoned not more than 1 year, or both. (b) Exceptions The circumstances described in this subsection are the following: (1) The prohibited disclosure— (A) is made to— (i) an employee of the Federal Government; (ii) an employee of a State government; or (iii) an employee of a local government; and (B) is expressly permitted by any other law. (2) The whistleblower provides written consent before the prohibited disclosure is made. (c) Applicability Subsection (a) shall only apply to a prohibited disclosure that is made after the date of enactment of this section. (d) Definitions In this section: (1) Employee of the Federal Government The term employee of the Federal Government (A) a member of the uniformed service; (B) a Member of Congress; and (C) the President of the United States. (2) Member of Congress The term Member of Congress (3) Prohibited disclosure The term prohibited disclosure (A) the identity of a whistleblower; or (B) identifying information relating to a whistleblower. (4) Whistleblower The term whistleblower (A) An employee, former employee, or applicant for employment (as such terms are used in section 1213(a) of title 5) who makes a disclosure that is described in paragraph (1) or (2) of such section. (B) An employee of an agency or applicant for employment at an agency (as such terms are used in section 2302(b)(8)(C) of title 5) who makes a disclosure as described in such section. (C) A former employee of the Federal Government who makes a disclosure to Congress of information described in section 2302(b)(8)(C) of title 5. (D) An employee that makes a complaint or otherwise provides information to the Inspector General (as the terms employee Inspector General (E) A member of the armed forces that— (i) complains of or discloses information; and (ii) is protected against retaliation for such actions under section 1034 of title 10. (F) An employee (as the term employee 50 U.S.C. 3033 50 U.S.C. 3033(g)(3)(A) (G) An employee (as the term employee (H) A individual not otherwise covered by subparagraphs (A) through (F) who— (i) is protected by law to make a disclosure of— (I) a violation of law or regulation; or (II) gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or the safety of a Federal entity; (ii) makes such a disclosure; (iii) is not prohibited by law to make such a disclosure; and (iv) is not disclosing information that is determined pursuant to Executive Order No. 13526 (75 Fed. Reg. 707; relating to classified national security information), or a successor order, or the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 . (b) Clerical amendment The table of sections for chapter 88 1802. Disclosure of whistleblower identity. . 3. Civil right of action against disclosure of whistleblower identity (a) Prohibited disclosure A whistleblower may bring a civil action before the appropriate district court— (1) for appropriate relief, including injunctive relief, compensatory damages, and punitive damages, against any employee of the Federal Government or contractor of the Federal Government who makes a prohibited disclosure, with respect to such whistleblower; or (2) for injunctive relief against any employee of the Federal Government or contractor of the Federal Government who threatens to make a prohibited disclosure, with respect to such whistleblower. (b) Jury trial A party to an action brought under subsection (a) shall be entitled to trial by jury. (c) Definitions In this section, the terms employee of the Federal Government prohibited disclosure whistleblower

Summary: Enhancing Protections for Whistleblower Anonymity Act This bill establishes a new criminal offense related to the disclosure of a whistle-blower's identity. Specifically, the bill prohibits a federal employee or contractor from disclosing the identity of a whistle-blower or identifying information about a whistle-blower. A violator is subject to criminal penalties—a fine, a prison term of up to one year, or both. Additionally, the bill authorizes a whistle-blower to file a civil suit against a federal employee or contractor who discloses or threatens to disclose the whistle-blower's identify. The bill includes exceptions for disclosures that are made to other government employees and permitted under current law.