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‘‘(ii) to the extent such differences can be at-
tributed not only to the Director but also to any 
other official, department, agency, or office within 
the executive branch, or a component thereof, the ti-
tles of such official, department, agency, or office.’’. 
(d) CLARIFICATION OF ROLE OF DIRECTOR OF NA-
TIONAL INTELLIGENCE.—Section 102A(f)(1) of such Act 
(50 U.S.C. 3024(f)(1)) is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
‘‘(B) The authority of the Director of National 
Intelligence under subparagraph (A) includes coordi-
nating and supervising activities undertaken by ele-
ments of the intelligence community for the purpose 
of protecting the United States from any foreign in-
terference in elections in the United States.’’. 
SEC. 713. CONFORMING AMENDMENTS AND COORDINATION 
WITH OTHER PROVISIONS OF LAW. 
(a) INTELLIGENCE COMMUNITY.—Paragraph (4) of 
section 103H(c) of the National Security Act of 1947 (50 
U.S.C. 3033(c)) is amended to read as follows: 
‘‘(4) The provisions of title XII shall apply to the In-
spector General with respect to the removal of the Inspec-
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HR 5314 RDS
tor General and any other matter relating to the Inspector 
General as specifically provided for in such title.’’. 
(b) CENTRAL INTELLIGENCE AGENCY.—Paragraph 
(6) of section 17(b) of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 3517(b)) is amended to read as fol-
lows: 
‘‘(6) The provisions of title XII of the National Secu-
rity Act of 1947 shall apply to the Inspector General with 
respect to the removal of the Inspector General and any 
other matter relating to the Inspector General as specifi-
cally provided for in such title.’’. 
(c) OTHER ELEMENTS.— 
(1) IN GENERAL.—Title XII of the National Se-
curity Act of 1947, as added by section 711, is fur-
ther amended by inserting after section 1203, as 
added by section 712(a), the following new section: 
‘‘SEC. 1205. COORDINATION WITH OTHER PROVISIONS OF 
LAW. 
‘‘No provision of law that is inconsistent with any 
provision of this title shall be considered to supersede, re-
peal, or otherwise modify a provision of this title unless 
such other provision of law specifically cites a provision 
of this title in order to supersede, repeal, or otherwise 
modify that provision of this title.’’. 
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of the National Security Act 
of 1947 is amended by inserting after the item relat-
ing to section 1203, as added by section 713, the 
following new item: 
‘‘Sec. 1205. Coordination with other provisions of law.’’. 
Subtitle C—Congressional 
Notification 
SEC. 721. SHORT TITLE. 
This subtitle may be cited as the ‘‘Inspector General 
Protection Act’’. 
SEC. 722. CHANGE IN STATUS OF INSPECTOR GENERAL OF-
FICES. 
(a) CHANGE IN STATUS OF INSPECTOR GENERAL OF 
OFFICE.—Paragraph (1) of section 3(b) of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended— 
(1) by inserting ‘‘, is placed on paid or unpaid 
non-duty status,’’ after ‘‘is removed from office’’; 
(2) by inserting ‘‘, change in status,’’ after 
‘‘any such removal’’; and 
(3) by inserting ‘‘, change in status,’’ after ‘‘be-
fore the removal’’. 
(b) CHANGE IN STATUS OF INSPECTOR GENERAL OF 
DESIGNATED FEDERAL ENTITY.—Section 8G(e)(2) of the 
Inspector General Act of 1978 (5 U.S.C. App.) is amend-
ed— 
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(1) by inserting ‘‘, is placed on paid or unpaid 
non-duty status,’’ after ‘‘office’’; 
(2) by inserting ‘‘, change in status,’’ after 
‘‘any such removal’’; and 
(3) by inserting ‘‘, change in status,’’ after ‘‘be-
fore the removal’’. 
(c) EXCEPTION TO REQUIREMENT TO SUBMIT COM-
MUNICATION RELATING TO CERTAIN CHANGES IN STA-
TUS.— 
(1) COMMUNICATION RELATING TO CHANGE IN 
STATUS OF INSPECTOR GENERAL OF OFFICE.—Sec-
tion 3(b) of the Inspector General Act of 1978 (5 
U.S.C. App.), as amended by section 702(1), is fur-
ther amended— 
(A) in paragraph (1), by striking ‘‘If’’ and 
inserting ‘‘Except as provided in paragraph (4), 
if’’; and 
(B) by adding at the end the following: 
‘‘(4) If an Inspector General is placed on paid 
or unpaid non-duty status, the President may sub-
mit the communication described in paragraph (1) 
to Congress later than 30 days before the Inspector 
General is placed on paid or unpaid non-duty status, 
but in any case not later than the date on which the 
placement takes effect, if— 
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‘‘(A) the President determines that a delay 
in placing the Inspector General on paid or un-
paid non-duty status would— 
‘‘(I) pose a threat to the Inspector 
General or others; 
‘‘(ii) result in the destruction of evi-
dence relevant to an investigation; or 
‘‘(iii) result in loss of or damage to 
Government property; 
‘‘(B) in the communication, the President 
includes— 
‘‘(I) a specification of which clause 
the President relied on to make the deter-
mination under subparagraph (A); 
‘‘(ii) the substantive rationale, includ-
ing detailed and case-specific reasons, for 
such determination; 
‘‘(iii) if the President relied on an in-
quiry to make such determination, an iden-
tification of each entity that is conducting, 
or that conducted, such inquiry; and 
‘‘(iv) if an inquiry described in clause 
(iii) is completed, the findings of that in-
quiry. 
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‘‘(5) The President may not place an Inspector 
General on paid or unpaid non-duty status during 
the 30-day period preceding the date on which the 
Inspector General is removed or transferred under 
paragraph (1) unless the President— 
‘‘(A) determines that not placing the In-
spector General on paid or unpaid non-duty sta-
tus would— 
‘‘(I) pose a threat to the Inspector 
General or others; 
‘‘(ii) result in the destruction of evi-
dence relevant to an investigation; or 
‘‘(iii) result in loss of or damage to 
Government property; and 
‘‘(B) on or before the date on which the 
placement takes effect, submits to the Com-
mittee in the House of Representatives and the 
Committee in the Senate that has jurisdiction 
over the Inspector General involved, the Com-
mittee on Oversight and Reform of the House 
of Representatives, and the Committee on 
Homeland Security and Governmental Affairs 
of the Senate, a written communication that 
contains the following information— 
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‘‘(I) a specification of which clause 
under subparagraph (A) the President re-
lied on to make the determination under 
such subparagraph; 
‘‘(ii) the substantive rationale, includ-
ing detailed and case-specific reasons, for 
such determination; 
‘‘(iii) if the President relied on an in-
quiry to make such determination, an iden-
tification of each entity that is conducting, 
or that conducted, such inquiry; and 
‘‘(iv) if an inquiry described in clause 
(iii) is completed, the findings of that in-
quiry.’’. 
(2) COMMUNICATION RELATING TO CHANGE IN 
STATUS OF INSPECTOR GENERAL OF DESIGNATED 
FEDERAL ENTITY.—Section 8G(e) of the Inspector 
General Act Inspector General Act of 1978 (5 
U.S.C. App.), as amended by section 702(2), is fur-
ther amended— 
(A) in paragraph (2), by striking ‘‘If’’ and 
inserting ‘‘Except as provided in paragraph (4), 
if’’; and 
(B) by adding at the end the following: 
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‘‘(4) If an Inspector General is placed on paid 
or unpaid non-duty status, the head of a designated 
Federal entity may submit the communication de-
scribed in paragraph (2) to Congress later than 30 
days before the Inspector General is placed on paid 
or unpaid non-duty status, but in any case not later 
than the date on which the placement takes effect, 
if— 
‘‘(A) the head determines that a delay in 
placing the Inspector General on paid or unpaid 
non-duty status would— 
‘‘(I) pose a threat to the Inspector 
General or others; 
‘‘(ii) result in the destruction of evi-
dence relevant to an investigation; or 
‘‘(iii) result in loss of or damage to 
Government property; 
‘‘(B) in the communication, the head in-
cludes— 
‘‘(I) a specification of which clause 
under subparagraph (A) the head relied on 
to make the determination under such sub-
paragraph; 
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‘‘(ii) the substantive rationale, includ-
ing detailed and case-specific reasons, for 
such determination; 
‘‘(iii) if the head relied on an inquiry 
to make such determination, an identifica-
tion of each entity that is conducting, or 
that conducted, such inquiry; and 
‘‘(iv) if an inquiry described in clause 
(iii) is completed, the findings of that in-
quiry. 
‘‘(5) The head may not place an Inspector Gen-
eral on paid or unpaid non-duty status during the 
30-day period preceding the date on which the In-
spector General is removed or transferred under 
paragraph (2) unless the head— 
‘‘(A) determines that not placing the In-
spector General on paid or unpaid non-duty sta-
tus would— 
‘‘(I) pose a threat to the Inspector 
General or others; 
‘‘(ii) result in the destruction of evi-
dence relevant to an investigation; or 
‘‘(iii) result in loss of or damage to 
Government property; and 
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‘‘(B) on or before the date on which the 
placement takes effect, submits to the Com-
mittee in the House of Representatives and the 
Committee in the Senate that has jurisdiction 
over the Inspector General involved, the Com-
mittee on Oversight and Reform of the House 
of Representatives, and the Committee on 
Homeland Security and Governmental Affairs 
of the Senate, a written communication that 
contains the following information— 
‘‘(I) a specification of which clause 
under subparagraph (A) the head relied on 
to make the determination under such sub-
paragraph; 
‘‘(ii) the substantive rationale, includ-
ing detailed and case-specific reasons, for 
such determination; 
‘‘(iii) if the head relied on an inquiry 
to make such determination, an identifica-
tion of each entity that is conducting, or 
that conducted, such inquiry; and 
‘‘(iv) if an inquiry described in clause 
(iii) is completed, the findings of that in-
quiry.’’. 
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(d) APPLICATION.—The amendments made by this 
section shall apply with respect to removals, transfers, and 
changes of status occurring on or after the date that is 
30 days after the date of the enactment of this Act. 
SEC. 723. PRESIDENTIAL EXPLANATION OF FAILURE TO 
NOMINATE AN INSPECTOR GENERAL. 
(a) IN GENERAL.—Subchapter III of chapter 33 of 
title 5, United States Code, is amended by inserting after 
section 3349d the following new section: 
‘‘§ 3349e. Presidential explanation of failure to nomi-
nate an Inspector General 
‘‘If the President fails to make a formal nomination 
for a vacant Inspector General position that requires a for-
mal nomination by the President to be filled within the 
period beginning on the date on which the vacancy oc-
curred and ending on the day that is 210 days after that 
date, the President shall communicate, within 30 days 
after the end of such period, to Congress in writing— 
‘‘(1) the reasons why the President has not yet 
made a formal nomination; and 
‘‘(2) a target date for making a formal nomina-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 33 of title 5, United States Code, is amended 
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by inserting after the item relating to 3349d the following 
new item: 
‘‘3349e. Presidential explanation of failure to nominate an Inspector General.’’. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to any vacancy first oc-
curring on or after that date. 
Subtitle D—Inspector General for 
the Office of Management and 
Budget 
SEC. 731. INSPECTOR GENERAL FOR THE OFFICE OF MAN-
AGEMENT AND BUDGET. 
(a) ESTABLISHMENT OF OFFICE.—Section 12 of the 
Inspector General Act of 1978 (5 U.S.C. App.) is amend-
ed— 
(1) in paragraph, (1) by inserting ‘‘the Director 
of the Office of Management and Budget,’’ after 
‘‘means’’; and 
(2) in paragraph (2), by inserting ‘‘the Office 
of Management and Budget,’’ after ‘‘means’’. 
(b) SPECIAL PROVISIONS CONCERNING THE INSPEC-
TOR GENERAL OF THE OFFICE OF MANAGEMENT AND 
BUDGET.—The Inspector General Act of 1978 (5 U.S.C. 
App.) is amended by adding after section 8N the following 
new section: 
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HR 5314 RDS
‘‘SEC. 8O. SPECIAL PROVISIONS CONCERNING THE INSPEC-
TOR GENERAL OF THE OFFICE OF MANAGE-
MENT AND BUDGET. 
‘‘The Inspector General of the Office of Management 
and Budget shall only have jurisdiction over those matters 
that have been specifically assigned to the Office under 
law.’’. 
(c) APPOINTMENT.—Not later than 120 days after 
the date of the enactment of this Act, the President shall 
appoint an individual to serve as the Inspector General 
of the Office of Management and Budget in accordance 
with section 3(a) of the Inspector General Act of 1978 
(5 U.S.C. App.). 
TITLE VIII—PROTECTING 
WHISTLEBLOWERS 
Subtitle A—Whistleblower 
Protection Improvement 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Whistleblower Protec-
tion Improvement Act of 2021’’. 
SEC. 802. ADDITIONAL WHISTLEBLOWER PROTECTIONS. 
(a) INVESTIGATIONS AS PERSONNEL ACTIONS.— 
(1) IN
GENERAL.—Section 2302(a)(2)(A) of 
title 5, United States Code, is amended— 
(A) in clause (xi), by striking ‘‘and’’ at the 
end; 
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(B) by redesignating clause (xii) as clause 
(xiii); and 
(C) by inserting after the clause (xi) the 
following: 
‘‘(xii) for purposes of subsection (b)(8)— 
‘‘(I) the commencement, expansion, or 
extension of an investigation, but not in-
cluding any investigation that is ministerial 
or nondiscretionary (including a ministerial 
or nondiscretionary investigation described 
in section 1213) or any investigation that 
is conducted by an Inspector General of an 
entity of the Government of an employee 
not employed by the office of that Inspec-
tor General; and 
‘‘(II) a referral to an Inspector Gen-
eral of an entity of the Government, except 
for a referral that is ministerial or nondis-
cretionary; and’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1) shall apply to any investigation 
opened, or referral made, as described under clause 
(xii) of section 2302(a)(2)(A) of title 5, United 
States Code, as added by such paragraph, on or 
after the date of enactment of this Act. 
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(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’’ 
after the semicolon at the end; and 
(C) by adding at the end the following: 
‘‘(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 
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because that other employee has made, or is suspected to 
have made, a disclosure protected by subsection (b)(8), 
unless— 
‘‘(A) the other employee provides express writ-
ten consent prior to the communication or trans-
mission of their identity or personally identifiable in-
formation; 
‘‘(B) the communication or transmission is 
made in accordance with the provisions of section 
552a; 
‘‘(C) the communication or transmission is 
made to a lawyer for the sole purpose of providing 
legal advice to an employee accused of whistleblower 
retaliation; or 
‘‘(D) the communication or transmission is re-
quired 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-
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HR 5314 RDS
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 
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 
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‘‘(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 
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 
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‘‘(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; 
‘‘(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.’’. 
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SEC. 803. 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 sub-
section disclosed a violation of law, rule, or regulation, or 
gross waste, gross mismanagement, abuse of authority, or 
a substantial and specific danger to public health or safe-
ty, by any officer or employee of an Office of Inspector 
General, the Special Counsel may refer the matter to the 
Council of the Inspectors General on Integrity and Effi-
ciency, which shall comply with the standards and proce-
dures applicable to investigations and reports under sub-
section (c).’’. 
(b) RETALIATORY REFERRALS TO INSPECTORS GEN-
ERAL.—Section 1214(d) of title 5, United States Code, 
is amended by adding at the end the following: 
‘‘(3) In any case in which the Special Counsel deter-
mines that a referral to an Inspector General of an entity 
of the Federal Government was in retaliation for a disclo-
sure or protected activity described in section 2302(b)(8) 
or in retaliation for exercising a right described in section 
2302(b)(9)(A)(I), the Special Counsel shall transmit that 
finding in writing to the Inspector General within seven 
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days of making the finding. The Inspector General shall 
consider that finding and make a determination on wheth-
er to initiate an investigation or continue an investigation 
based on the referral that the Special Counsel found to 
be retaliatory.’’. 
(c) ENSURING TIMELY RELIEF.— 
(1) INDIVIDUAL
RIGHT
OF
ACTION.—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),’’ each place it 
appears 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— 
‘‘(A) that there is a substantial likelihood that 
protected activity was a contributing factor to the 
personnel action involved; or 
‘‘(B) the Board otherwise determines that such 
a stay would be appropriate.’’. 
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(3) APPEAL OF STAY.—Section 1221(c) of title 
5, United States Code, is amended by adding at the 
end the following: 
‘‘(4) If any stay requested under paragraph (1) 
is denied, the employee, former employee, or appli-
cant 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 
the period of appeal, both parties may supplement 
the record with information unavailable to them at 
the time the stay was first requested.’’. 
(4) 
ACCESS
TO
DISTRICT
COURT; 
JURY 
TRIALS.— 
(A) IN GENERAL.—Section 1221(I) of title 
5, United States Code, is amended— 
(I) by striking ‘‘(I) Subsections’’ and 
inserting ‘‘(I)(1) Subsections’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(2)(A) If, in the case of an employee, former em-
ployee, or applicant for employment who seeks corrective 
action from the Merit Systems Protection Board based on 
an alleged prohibited personnel practice described in sec-
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tion 2302(b)(8), section 2302(b)(9)(A)(I), (B), (C), (D), 
or (E), section 2302(b)(13), or section 2302(g), no final 
order or decision is issued by the Board within 180 days 
after the date on which a request for such corrective action 
has been duly submitted to the Board, such employee, 
former employee, or applicant may, after providing written 
notice to the Special Counsel and the Board and only with-
in 20 days after providing such notice, bring an action 
for review de novo before the appropriate United States 
district court, and such action shall, at the request of ei-
ther party to such action, be tried before a jury. Upon 
filing of an action with the appropriate United States dis-
trict court, any proceedings before the Board shall cease 
and the employee, former employee, or applicant for em-
ployment waives any right to refile with the Board. 
‘‘(B) If the Board certifies (in writing) to the parties 
of a case that the complexity of such case requires a longer 
period of review, subparagraph (A) shall be applied by 
substituting ‘240 days’ for ‘180 days’. 
‘‘(C) In any such action brought before a United 
States district court under subparagraph (A), the court— 
‘‘(I) shall apply the standards set forth in sub-
section (e); and 
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‘‘(ii) may award any relief which the court con-
siders appropriate, including any relief described in 
subsection (g).’’. 
(B) APPLICATION.— 
(I) The amendments made by sub-
paragraph (A) shall apply to any corrective 
action duly submitted to the Merit Systems 
Protection Board, during the five-year pe-
riod preceding the date of enactment of 
this Act, by an employee, former employee, 
or applicant for employment based on an 
alleged prohibited personnel practice de-
scribed 
in 
section 
2302(b)(8), 
2302(b)(9)(A)(I), (B), (C), or (D), or 
2302(b)(13) of title 5, United States Code, 
with respect to which no final order or de-
cision has been issued by the Board. 
(ii) In the case of an individual de-
scribed in clause (I) whose duly submitted 
claim to the Board was made not later 
than 180 days before the date of enact-
ment of this Act, such individual may only 
bring an action before a United States dis-
trict 
court 
as 
described 
in 
section 
1221(I)(2) of title 5, United States Code, 
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(as added by subparagraph (A) if that in-
dividual— 
(I) provides written notice to the 
Office of Special Counsel and the 
Merit Systems Protection Board not 
later than 90 days after the date of 
enactment of this Act; and 
(II) brings such action not later 
than 20 days after providing such no-
tice. 
(d) RECIPIENTS
OF
WHISTLEBLOWER
DISCLO-
SURES.—Section 2302(b)(8)(B) of title 5, United States 
Code, is amended by striking ‘‘or to the Inspector General 
of an agency or another employee designated by the head 
of the agency to receive such disclosures’’ and inserting 
‘‘the Inspector General of an agency, a supervisor in the 
employee’s direct chain of command up to and including 
the head of the employing agency, or to an employee des-
ignated by any of the aforementioned individuals for the 
purpose of receiving such disclosures’’. 
(e) ATTORNEY FEES.— 
(1) IN GENERAL.—Section 7703(a) of title 5, 
United States Code, is amended by adding at the 
end the following: 
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‘‘(3) If an employee, former employee, or appli-
cant for employment is the prevailing party under a 
proceeding brought under this section, the employee, 
former employee, or applicant for employment shall 
be entitled to attorney fees for all representation 
carried out pursuant to this section. In such an ac-
tion for attorney fees, the agency responsible for 
taking the personnel action shall be the respondent 
and shall be responsible for paying the fees.’’. 
(2) APPLICATION.—In addition to any pro-
ceeding brought by an employee, former employee, 
or applicant for employment on or after the date of 
enactment of this Act to a Federal court under sec-
tion 7703 of title 5, United States Code, the amend-
ment made by paragraph (1) shall apply to any pro-
ceeding brought by an employee, former employee, 
or applicant for employment under such section be-
fore the date of enactment of this Act with respect 
to which the applicable Federal court has not issued 
a final decision. 
(f) 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)— 
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(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 fellow or intern at an agency, a 
commissioned officer or applicant for employ-
ment in the Public Health Service, an officer or 
applicant for employment in the commissioned 
officer corps of the National Oceanic and At-
mospheric Administration, and a noncareer ap-
pointee 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)— 
(I) by striking paragraph (8); and 
(ii) by redesignating paragraphs (9) 
through (26) as paragraphs (8) through 
(25), 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-
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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. 
(g) RELIEF.— 
(1) IN
GENERAL.—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 employee’s prior 
record’’. 
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(2) APPLICATION.—In addition to any appeal 
made on or after the date of enactment of this Act 
to the Merit Systems Protection Board under section 
7701 of title 5, United States Code, the amendment 
made by paragraph (1) shall apply to any appeal 
made under such section before the date of enact-
ment of this Act with respect to which the Board 
has not issued a final decision. 
SEC. 804. 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. 805. 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 802(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. 806. TITLE 5 TECHNICAL AND CONFORMING AMEND-
MENTS. 
Title 5, United States Code, is amended— 
(1) in section 1212(h), by striking ‘‘or (9)’’ 
each place it appears and inserting ‘‘, (b)(9), 
(b)(13), or (g)’’; 
(2) in section 1214— 
(A) in subsections (a) and (b), by striking 
‘‘section 
2302(b)(8) 
or 
section 
2302(b)(9)(A)(I), (B), (C), or (D)’’ each place 
it appears 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)’’; 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(a)(3)(B), by striking ‘‘sec-
tion 2302(b)(8), or 2302(b)(9)(A)(I), (B), (C), or 
(D)’’ each place it appears 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)’’; 
(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)’’ and inserting ‘‘section 2302(b)(8), section 
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‘‘(1) COMMITTEE
OBLIGATION
TO
NOTIFY.— 
Not later than 1 week after a reportable foreign con-
tact, each political committee shall notify the Fed-
eral Bureau of Investigation and the Commission of 
the reportable foreign contact and provide a sum-
mary of the circumstances with respect to such re-
portable foreign contact. The Federal Bureau of In-
vestigation, not later than 1 week after receiving a 
notification from a political committee under this 
paragraph, shall submit to the political committee, 
the Permanent Select Committee on Intelligence of 
the House of Representatives, and the Select Com-
mittee on Intelligence of the Senate written or elec-
tronic confirmation of receipt of the notification. 
‘‘(2) INDIVIDUAL
OBLIGATION
TO
NOTIFY.— 
Not later than 3 days after a reportable foreign con-
tact— 
‘‘(A) each candidate and each immediate 
family member of a candidate shall notify the 
treasurer or other designated official of the 
principal campaign committee of such candidate 
of the reportable foreign contact and provide a 
summary of the circumstances with respect to 
such reportable foreign contact; and 
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