Whistleblower Protection Act of 2019

To ensure whistleblowers who are Government employees or contractors receive adequate protection. 1. Short title This Act may be cited as the Whistleblower Protection Act of 2019 2. Definitions In this Act— (1) the term Federal contractor (2) the term personnel action (A) has the meaning given that term in section 2302 of title 5, United States Code; and (B) includes other disciplinary or corrective action and performance evaluations by an employer. 3. Whistleblower protections for contractors (a) Prohibited personnel practices An employee of a Federal contractor who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority— (1) take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee of the Federal contractor or applicant for employment by the Federal contractor because of— (A) any disclosure of information by the employee of the Federal contractor or applicant for employment by the Federal contractor which the employee of the Federal contractor or applicant for employment by the Federal contractor reasonably believes evidences— (i) any violation of any law, rule, or regulation; or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; or (B) any disclosure to the Special Counsel, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee of the Federal contractor or applicant for employment by the Federal contractor reasonably believes evidences— (i) any violation (other than a violation of this section) of any law, rule, or regulation; or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; or (2) take or fail to take, or threaten to take or fail to take, any personnel action against any employee of the Federal contractor or applicant for employment by the Federal contractor for employment because of— (A) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation— (i) with regard to remedying a violation of paragraph (1); or (ii) other than with regard to remedying a violation of paragraph (1); (B) testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A)(i) or (ii); (C) cooperating with or disclosing information to the Inspector General (or any other component responsible for internal investigation or review) of an agency, or the Special Counsel, in accordance with applicable provisions of law; or (D) refusing to obey an order that would require the individual to violate a law, rule, or regulation. (b) Agency action A Federal agency may not pressure a Federal contractor to take, fail to take, or threaten to take or fail to take any personnel action relating to an employee of the Federal contractor based on a disclosure or action described in paragraph (1) or (2) of subsection (a). (c) Retroactive effect This section shall apply to a personnel action taken or failed to be taken, or threatened to be taken or failed to be taken before, on, or after the date of enactment of this Act. 4. No termination or prosecution of whistleblowers Congress reaffirms that no Federal employee or employee of a Federal contractor should be terminated or prosecuted for making protected disclosures or any other disclosures as a whistleblower. 5. Ensuring Sixth Amendment protections Congress reaffirms that, in the case of criminal prosecutions and impeachments arising from the disclosures of whistleblowers, the accused has the right to confront his or her accuser in such proceedings and that right is not superseded by the whistleblower protections.

Summary: Whistleblower Protection Act of 2019 This bill retroactively prohibits a federal contractor from taking certain personnel actions with respect to specified employees. Specifically, the bill prohibits a federal contractor from taking a personnel action against an employee who has lawfully disclosed information the employee reasonably believes shows (1) a violation of any law, rule, or regulation; or (2) gross mismanagement, waste of funds, abuse of authority, or substantial and specific danger to public health or safety. Further, a federal contractor may not take a personnel action against an employee because of the employee's (1) lawful exercise of an appeal, complaint, or grievance right, or testifying or assisting in the exercise of such right; (2) cooperation with or disclosure of information to the agency's inspector general or special counsel; or (3) refusal to obey an order that would require the individual to violate a law, rule, or regulation. A federal agency is prohibited from pressuring a federal contractor from taking any personnel action against an employee based on such disclosures or actions by the employee.