I 
116TH CONGRESS 
2D SESSION 
H. R. 7935 
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 
AUGUST 4, 2020 
Mrs. CAROLYN B. MALONEY of New York (for herself, Mr. CONNOLLY, and 
Ms. SPEIER) introduced the following bill; which was referred to the Com-
mittee 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. 
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 ‘‘Whistleblower Protec-
tion Improvement Act of 2020’’. 
SEC. 2. ADDITIONAL WHISTLEBLOWER PROTECTIONS. 
(a) INVESTIGATIONS AS PERSONNEL ACTIONS.— 
(1) IN
GENERAL.—Section 2302(a)(2)(A) of 
title 5, United States Code, is amended— 
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(A) in clause (xi), by striking ‘‘and’’ at the 
end; 
(B) by redesignating clause (xii) as clause 
(xiii); and 
(C) by adding after the clause (xi) the fol-
lowing: 
‘‘(xii) the opening of any investigation 
as a result of a disclosure protected by 
subsection (b)(8) (but not including any 
investigation that is ministerial or nondis-
cretionary); and’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1) shall apply to any investigation 
opened 
(as 
described 
under 
section 
2302(a)(2)(A)(xii) of title 5, United States Code, as 
added by such paragraph) on or after the date of en-
actment of this Act. 
(b) RIGHT TO PETITION CONGRESS.— 
(1) IN GENERAL.—Section 2302(b)(9) of title 
5, United States Code, is amended— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (D), by adding ‘‘or’’ 
at the end after the semicolon; and 
(C) by adding at the end the following: 
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‘‘(E) the exercise of any right protected 
under section 7211;’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1) shall apply to the exercise of any 
right described in section 2302(b)(9)(E) of title 5, 
United States Code, as added by paragraph (1), oc-
curring on or after the date of enactment of this 
Act. 
(c) PROHIBITION
ON DISCLOSURE
OF WHISTLE-
BLOWER IDENTITY.— 
(1) IN
GENERAL.—Section 2302 of title 5, 
United States Code, is amended by adding at the 
end the following: 
‘‘(g)(1) No employee of an agency may willfully com-
municate or transmit to any individual who is not an offi-
cer or employee of the Government the identity of, or per-
sonally identifiable information about, any other employee 
who has made, or is suspected to have made, a disclosure 
protected by subsection (b)(8), unless— 
‘‘(A) the other employee provides express 
written consent prior to the communication or 
transmission; 
‘‘(B) the communication or transmission is 
made in accordance with the provisions of sec-
tion 552a; 
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‘‘(C) the communication or transmission is 
made to a lawyer for the sole purpose of pro-
viding legal advice to an employee accused of 
whistleblower retaliation; or 
‘‘(D) the communication or transmission is 
required or permitted by any other provision of 
law. 
‘‘(2) In this subsection, the term ‘officer or employee 
of the Government’ means— 
‘‘(A) the President; 
‘‘(B) a Member of Congress; 
‘‘(C) a member of the uniformed services; 
‘‘(D) an employee as that term is defined in 
section 2105, including an employee of the United 
States Postal Service, the Postal Regulatory Com-
mission, or the Department of Veterans Affairs (in-
cluding any employee appointed pursuant to chapter 
73 or 74 of title 38); and 
‘‘(E) any other officer or employee in any 
branch of the Government of the United States.’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1) shall apply to any transmission or 
communication described in subsection (g) of section 
2302 of title 5, United States Code, as added by 
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paragraph (1), made on or after the date of enact-
ment of this Act. 
(d) RIGHT TO PETITION CONGRESS.— 
(1) IN
GENERAL.—Section 7211 of title 5, 
United States Code, is amended to read as follows: 
‘‘§ 7211. Employees’ right to petition or furnish infor-
mation or respond to Congress 
‘‘(a) IN GENERAL.—Each officer or employee of the 
Federal Government, individually or collectively, has a 
right to— 
‘‘(1) petition Congress or a Member of Con-
gress; 
‘‘(2) furnish information, documents, or testi-
mony to either House of Congress, any Member of 
Congress, or any committee or subcommittee of the 
Congress; or 
‘‘(3) respond to any request for information, 
documents, or testimony from either House of Con-
gress or any Committee or subcommittee of Con-
gress. 
‘‘(b) PROHIBITED ACTIONS.—No officer or employee 
of the Federal Government may interfere with or deny the 
right set forth in subsection (a), including by— 
‘‘(1) prohibiting or preventing, or attempting or 
threatening to prohibit or prevent, any other officer 
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or employee of the Federal Government from engag-
ing in activity protected in subsection (a); or 
‘‘(2) removing, suspending from duty without 
pay, demoting, reducing in rank, seniority, status, 
pay, or performance or efficiency rating, denying 
promotion to, relocating, reassigning, transferring, 
disciplining, or discriminating in regard to any em-
ployment right, entitlement, or benefit, or any term 
or condition of employment of, any other officer or 
employee of the Federal Government or attempting 
or threatening to commit any of the foregoing ac-
tions protected in subsection (a). 
‘‘(c) APPLICATION.—This section shall not be con-
strued to authorize disclosure of any information that is— 
‘‘(1) specifically prohibited from disclosure by 
any other provision of Federal law; or 
‘‘(2) specifically required by Executive order to 
be kept secret in the interest of national defense or 
the conduct of foreign affairs, unless disclosure is 
otherwise authorized by law. 
‘‘(d) DEFINITION OF OFFICER OR EMPLOYEE OF 
THE FEDERAL GOVERNMENT.—For purposes of this sec-
tion, the term ‘officer or employee of the Federal Govern-
ment’ includes— 
‘‘(1) the President; 
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‘‘(2) a Member of Congress; 
‘‘(3) a member of the uniformed services; 
‘‘(4) an employee (as that term is defined in 
section 2105); 
‘‘(5) an employee of the United States Postal 
Service or the Postal Regulatory Commission; and 
‘‘(6) an employee appointed under chapter 73 
or 74 of title 38.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter II of chapter 72 of title 5, 
United States Code, is amended by striking the item 
related to section 7211 and inserting the following: 
‘‘7211. Employees’ right to petition or furnish information or respond to Con-
gress.’’. 
SEC. 3. ENHANCEMENT OF WHISTLEBLOWER PROTEC-
TIONS. 
(a) DISCLOSURES RELATING TO OFFICERS OR EM-
PLOYEES OF AN OFFICE OF INSPECTOR GENERAL.—Sec-
tion 1213(c) of title 5, United States Code, is amended 
by adding at the end the following: 
‘‘(3) If the information transmitted under this 
subsection disclosed a violation of law, rule, or regu-
lation, or gross waste, gross mismanagement, abuse 
of authority, or a substantial and specific danger to 
public health or safety, by any officer or employee 
of an Office of Inspector General, the Special Coun-
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sel may refer the matter to the Committee of Inspec-
tors General for Integrity and Efficiency, which shall 
comply with the standards and procedures applicable 
to investigations and reports under subsection (c).’’. 
(b) INDIVIDUAL RIGHT OF ACTION.— 
(1) NONDISCLOSURE
AGREEMENTS; DISCLO-
SURE OF IDENTITY.—Section 1221 of title 5, United 
States Code, is amended by striking ‘‘section 
2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or 
(D),’’ in each instance and inserting ‘‘section 
2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), 
or (E), section 2302(b)(13), or section 2302(g),’’. 
(2) STAYS.—Section 1221(c)(2) of title 5, 
United States Code, is amended to read as follows: 
‘‘(2) Any stay requested under paragraph (1) 
shall be granted within 10 calendar days (excluding 
Saturdays, Sundays, and legal holidays) after the 
date the request is made, if the Board determines 
that such a stay would be appropriate. If the stay 
request is denied, the employee, former employee, or 
applicant may, within 7 days after receiving notice 
of the denial, file an appeal for expedited review by 
the Board. The agency shall have 7 days thereafter 
to respond. The Board shall provide a decision not 
later than 21 days after receiving the appeal. During 
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