out pursuant to this section. In such an action for 
attorney fees, the agency responsible for taking the 
personnel action shall be the respondent and shall be 
responsible for paying the fees.’’. 
(e) EXTENDING WHISTLEBLOWER PROTECTION ACT 
TO CERTAIN EMPLOYEES.— 
(1) IN
GENERAL.—Section 2302(a)(2)(A) of 
title 5, United States Code, is amended in the mat-
ter following clause (xiii)— 
(A) by inserting ‘‘subsection (b)(9)(A)(i), 
(B), (C), (D), or (E), subsection (b)(13), or 
subsection (g),’’ after ‘‘subsection (b)(8),’’; and 
(B) by inserting after ‘‘title 31’’ the fol-
lowing: ‘‘, a commissioned officer or applicant 
for employment in the Public Health Service, 
an officer or applicant for employment in the 
commissioned officer corps of the National Oce-
anic and Atmospheric Administration, and a 
noncareer appointee in the Senior Executive 
Service’’. 
(2) CONFORMING AMENDMENTS.—Section 261 
of the National Oceanic and Atmospheric Adminis-
tration Commissioned Officer Corps Act of 2002 (33 
U.S.C. 3071) is amended— 
(A) in subsection (a)— 
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(i) by striking paragraph (8); and 
(ii) by redesignating paragraphs (9) 
through (25) as paragraphs (8) through 
(24), respectively; and 
(B) in subsection (b), by striking the sec-
ond sentence. 
(3) APPLICATION.— 
(A) IN GENERAL.—With respect to an offi-
cer or applicant for employment in the commis-
sioned officer corps of the National Oceanic and 
Atmospheric Administration, the amendments 
made by paragraphs (1) and (2) shall apply to 
any personnel action taken against such officer 
or applicant on or after the date of enactment 
of the National Oceanic and Atmospheric Ad-
ministration 
Commissioned 
Officer 
Corps 
Amendments Act of 2020 (Public Law 116– 
259) for making any disclosure protected under 
section 2302(8) of title 5, United States Code. 
(B) EXCEPTION.—Subparagraph (A) shall 
not apply to any personnel action with respect 
to which a complaint has been filed pursuant to 
section 1034 of title 10, United States Code, 
and a final decision has been rendered regard-
ing such complaint. 
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(f) RELIEF.—Section 7701(b)(2)(A) of title 5, 
United States Code, is amended by striking ‘‘upon the 
making of the decision’’ and inserting ‘‘upon making of 
the decision, necessary to make the employee whole as if 
there had been no prohibited personnel practice, including 
training, seniority and promotions consistent with the em-
ployee’s prior record,’’. 
SEC. 4. CLASSIFYING CERTAIN FURLOUGHS AS ADVERSE 
PERSONNEL ACTIONS. 
(a) IN GENERAL.—Section 7512 of title 5, United 
States Code, is amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; and 
(2) by striking paragraph (5) and inserting the 
following: 
‘‘(5) a furlough of more than 14 days but less 
than 30 days; and 
‘‘(6) a furlough of 13 days or less that is not 
due to a lapse in appropriations;’’. 
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to any furlough covered by such 
section 7512(5) or (6) (as amended by such subsection) 
occurring on or after the date of enactment of this Act. 
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SEC. 5. CODIFICATION OF PROTECTIONS FOR DISCLO-
SURES OF CENSORSHIP RELATED TO RE-
SEARCH, ANALYSIS, OR TECHNICAL INFOR-
MATION. 
(a) IN GENERAL.—Section 2302 of title 5, United 
States Code, as amended by section 2(c)(1), is further 
amended by adding at the end the following: 
‘‘(h)(1) In this subsection— 
‘‘(A) the term ‘applicant’ means an applicant 
for a covered position; 
‘‘(B) the term ‘censorship related to research, 
analysis, or technical information’ means any effort 
to distort, misrepresent, or suppress research, anal-
ysis, or technical information; and 
‘‘(C) the term ‘employee’ means an employee in 
a covered position in an agency. 
‘‘(2)(A) Any disclosure of information by an employee 
or applicant for employment that the employee or appli-
cant reasonably believes is evidence of censorship related 
to research, analysis, or technical information— 
‘‘(i) shall come within the protections of sub-
section (b)(8)(A) if— 
‘‘(I) the employee or applicant reasonably 
believes that the censorship related to research, 
analysis, or technical information is or will 
cause— 
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‘‘(aa) any violation of law, rule, or 
regulation; or 
‘‘(bb) gross mismanagement, a gross 
waste of funds, an abuse of authority, or 
a substantial and specific danger to public 
health or safety; and 
‘‘(II) such disclosure is not specifically pro-
hibited by law or such information is not spe-
cifically required by Executive order to be kept 
classified in the interest of national defense or 
the conduct of foreign affairs; and 
‘‘(ii) shall come within the protections of sub-
section (b)(8)(B) if— 
‘‘(I) the employee or applicant reasonably 
believes that the censorship related to research, 
analysis, or technical information is or will 
cause— 
‘‘(aa) any violation of law, rule, or 
regulation; or 
‘‘(bb) gross mismanagement, a gross 
waste of funds, an abuse of authority, or 
a substantial and specific danger to public 
health or safety; and 
‘‘(II) the disclosure is made to the Special 
Counsel, or to the Inspector General of an 
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agency or another person designated by the 
head of the agency to receive such disclosures, 
consistent with the protection of sources and 
methods. 
‘‘(3) A disclosure shall not be excluded from para-
graph (2) for any reason described under subsection (f)(1) 
or (2). 
‘‘(4) Nothing in this subsection shall be construed to 
imply any limitation on the protections of employees and 
applicants afforded by any other provision of law, includ-
ing protections with respect to any disclosure of informa-
tion believed to be evidence of censorship related to re-
search, analysis, or technical information.’’. 
(b) REPEAL.— 
(1) IN GENERAL.—Section 110 of the Whistle-
blower Protection Enhancement Act of 2012 (Public 
Law 112–199) is hereby repealed. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to limit or otherwise affect 
any action under such section 110 commenced be-
fore the date of enactment of this Act or any protec-
tions afforded by such section with respect to such 
action. 
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SEC. 6. TITLE 5 TECHNICAL AND CONFORMING AMEND-
MENTS. 
Title 5, United States Code, is amended— 
(1) in section 1212(h), by striking ‘‘or (9)’’ in 
each instance and inserting ‘‘, (b)(9), (b)(13), or 
(g)’’; 
(2) in section 1214(a)— 
(A) by striking ‘‘section 2302(b)(8) or sec-
tion 2302(b)(9)(A)(i), (B), (C), or (D)’’ in each 
instance and inserting ‘‘section 2302(b)(8), sec-
tion 2302(b)(9)(A)(i), (B), (C), (D), or (E), 
section 2302(b)(13), or section 2302(g)’’; and 
(B) in subsection (i), by striking ‘‘section 
2302(b)(8) or subparagraph (A)(i), (B), (C), or 
(D) of section 2302(b)(9)’’ and inserting ‘‘sec-
tion 2302(b)(8), subparagraph (A)(i), (B), (C), 
(D), or (E) of section 2302(b)(9), section 
2302(b)(13), or section 2302(g)’’; 
(3) in section 1215, by striking ‘‘section 
2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)’’ in 
each instance and inserting ‘‘section 2302(b)(8), sec-
tion 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 
2302(b)(13), or section 2302(g)’’; 
(4) in section 2302— 
(A) in subsection (a)— 
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(i) in paragraph (1), by inserting ‘‘or 
(g)’’ after ‘‘subsection (b)’’; and 
(ii) in paragraph (2)(C)(i), by striking 
‘‘subsection 
(b)(8) 
or 
section 
2302(b)(9)(A)(i), (B), (C), or (D)’’ and in-
serting 
‘‘section 
2302(b)(8), 
section 
2302(b)(9)(A)(i), (B), (C), (D), or (E), 
section 2302(b)(13), or section 2302(g)’’; 
and 
(B) in subsection (c)(1)(B), by striking 
‘‘paragraph (8) or subparagraph (A)(i), (B), 
(C), or (D) of paragraph (9) of subsection (b)’’ 
and inserting ‘‘paragraph (8), subparagraph 
(A)(i), (B), (C), or (D) of paragraph (9), or 
paragraph (13) of subsection (b) or subsection 
(g)’’; 
(5) in section 7515(a)(2), by striking ‘‘para-
graph (8), (9), or (14) of section 2302(b)’’ and in-
serting ‘‘paragraph (8), (9), (13), or (14) of section 
2302(b) or section 2302(g)’’; 
(6) in section 7701(c)(2)(B), by inserting ‘‘or 
section 2302(g)’’ after ‘‘section 2302(b)’’; and 
(7) in section 7703(b)(1)(B), by striking ‘‘sec-
tion 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or 
(D)’’ in each instance and inserting ‘‘section 
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2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), 
or (E), section 2302(b)(13), or section 2302(g)’’. 
Æ 
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