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 Protection 
Improvement Act of 2021’’. 
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— 
(A) in clause (xi), by striking ‘‘and’’ at the 
end; 
(B) by redesignating clause (xii) as clause 
(xiii); and 
(C) by inserting after the clause (xi) the fol-
lowing: 
‘‘(xii) for purposes of subsection (b)(8)— 
‘‘(I) the commencement, expansion, or 
extension of an investigation, but not in-
cluding any investigation that is ministe-
rial or nondiscretionary (including a min-
isterial or nondiscretionary investigation 
described in section 1213) or any investiga-
tion that is conducted by an Inspector Gen-
eral of an entity of the Government of an 
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employee not employed by the office of that 
Inspector General; and 
‘‘(II) a referral to an Inspector General 
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. 
(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 
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States Code, as added by paragraph (1), occurring 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 
because that other employee has made, or is suspected to 
have made, a disclosure protected by subsection (b)(8), un-
less— 
‘‘(A) the other employee provides express written 
consent prior to the communication or transmission 
of their identity or personally identifiable informa-
tion; 
‘‘(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 ad-
vice to an employee accused of whistleblower retalia-
tion; or 
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‘‘(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 sec-
tion 2105, including an employee of the United States 
Postal Service, the Postal Regulatory Commission, or 
the Department of Veterans Affairs (including 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 para-
graph (1), made on or after the date of enactment 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: 
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‘‘§ 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 Congress; 
‘‘(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, doc-
uments, or testimony from either House of Congress 
or any Committee or subcommittee of Congress. 
‘‘(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 engaging 
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 pro-
motion to, relocating, reassigning, transferring, dis-
ciplining, or discriminating in regard to any employ-
ment right, entitlement, or benefit, or any term or 
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condition of employment of, any other officer or em-
ployee of the Federal Government or attempting or 
threatening to commit any of the foregoing actions 
protected in subsection (a). 
‘‘(c) APPLICATION.—This section shall not be construed 
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 other-
wise authorized by law. 
‘‘(d) DEFINITION OF OFFICER OR EMPLOYEE OF THE 
FEDERAL GOVERNMENT.—For purposes of this section, the 
term ‘officer or employee of the Federal Government’ in-
cludes— 
‘‘(1) the President; 
‘‘(2) a Member of Congress; 
‘‘(3) a member of the uniformed services; 
‘‘(4) an employee (as that term is defined in sec-
tion 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.’’. 
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(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.—Section 
1213(c) of title 5, United States Code, is amended by add-
ing 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 safety, 
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 Efficiency, which 
shall comply with the standards and procedures applicable 
to investigations and reports under subsection (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 
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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 
days of making the finding. The Inspector General shall 
consider that finding and make a determination on whether 
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 ap-
pears 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— 
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‘‘(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.’’. 
(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 applicant 
may, within 7 days after receiving notice of the de-
nial, 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 following: 
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‘‘(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 section 
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 em-
ployee, or applicant may, after providing written notice to 
the Special Counsel and the Board and only within 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 either party to such 
action, be tried before a jury. Upon filing of an action with 
the appropriate United States district court, any pro-
ceedings before the Board shall cease and the employee, 
former employee, or applicant for employment 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 sub-
stituting ‘240 days’ for ‘180 days’. 
‘‘(C) In any such action brought before a United States 
district court under subparagraph (A), the court— 
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‘‘(i) shall apply the standards set forth in sub-
section (e); and 
‘‘(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 subpara-
graph (A) shall apply to any corrective ac-
tion 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 al-
leged prohibited personnel practice described 
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 decision 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 enactment of this 
Act, such individual may only bring an ac-
tion before a United States district court as 
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