I 
117TH CONGRESS 
1ST SESSION H. R. 1265 
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 pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 23, 2021 
Mr. SWALWELL (for himself, Mr. COHEN, Mrs. DEMINGS, and Ms. NORTON) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To amend title 18, United States Code, to make the disclo-
sure 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enhancing Protections 
for Whistleblower Anonymity Act’’. 
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SEC. 2. CRIMINAL PENALTY FOR THE DISCLOSURE OF THE 
IDENTITY OF A WHISTLEBLOWER. 
(a) IN GENERAL.—Chapter 88 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 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 Gov-
ernment; 
‘‘(ii) an employee of a State govern-
ment; or 
‘‘(iii) an employee of a local govern-
ment; and 
‘‘(B) is expressly permitted by any other 
law. 
‘‘(2) The whistleblower provides written consent 
before the prohibited disclosure is made. 
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‘‘(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
GOVERN-
MENT.—The term ‘employee of the Federal Govern-
ment’ means an officer or employee of the United 
States Government, including— 
‘‘(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 ‘Mem-
ber of Congress’ has the meaning given such term 
in section 2106 of title 5. 
‘‘(3) PROHIBITED
DISCLOSURE.—The term 
‘prohibited disclosure’ means a formal or informal 
communication or transmission of— 
‘‘(A) the identity of a whistleblower; or 
‘‘(B) identifying information relating to a 
whistleblower. 
‘‘(4) WHISTLEBLOWER.—The term ‘whistle-
blower’ means each of the following: 
‘‘(A) An employee, former employee, or ap-
plicant for employment (as such terms are used 
in section 1213(a) of title 5) who makes a dis-
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‘‘(F) An employee (as the term ‘employee’ 
is used in section 103H of the National Secu-
rity Act of 1947 (50 U.S.C. 3033)) who the In-
spector General of the Intelligence Community 
may not disclose the identity of pursuant to the 
requirements of section 103H(g)(3)(A) of such 
Act (50 U.S.C. 3033(g)(3)(A)). 
‘‘(G) An employee (as the term ‘employee’ 
is used in section 4712(a)(3)(A) of title 41) 
who is deemed to have made a disclosure under 
such section. 
‘‘(H) A individual not otherwise covered by 
subparagraphs (A) through (G) who— 
‘‘(i) is protected by law to make a dis-
closure of— 
‘‘(I) a violation of law or regula-
tion; or 
‘‘(II) 
gross 
mismanagement, 
gross waste of funds, abuse of author-
ity, or a substantial and specific dan-
ger 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 
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‘‘(iv) is not disclosing information 
that is determined pursuant to Executive 
Order No. 13526 (75 Fed. Reg. 707; relat-
ing to classified national security informa-
tion), or a successor order, or the Atomic 
Energy Act of 1954 (42 U.S.C. 2011 et 
seq.) to require protection against unau-
thorized disclosure.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 88 of title 18, United States Code, is amended 
by adding at the end the following new item: 
‘‘1802. Disclosure of whistleblower identity.’’. 
SEC. 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 whistle-
blower; or 
(2) for injunctive relief against any employee of 
the Federal Government or contractor of the Federal 
Government who threatens to make a prohibited dis-
closure, with respect to such whistleblower. 
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(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 ‘‘em-
ployee of the Federal Government’’, ‘‘prohibited disclo-
sure’’, and ‘‘whistleblower’’ have the meanings given such 
terms in section 1802(d) of title 18, United States Code, 
as added by this Act. 
Æ 
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