I 
117TH CONGRESS 
1ST SESSION H. R. 2988 
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 
MAY 4, 2021 
Mrs. CAROLYN B. MALONEY of New York (for herself, Mr. CONNOLLY, Ms. 
SPEIER, Ms. MACE, Ms. JOHNSON of Texas, and Miss RICE of New 
York) introduced the following bill; which was referred to the Committee 
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 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— 
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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— 
‘‘(I) any investigation that is 
ministerial or nondiscretionary; or 
‘‘(II) any investigation that is 
conducted by an Inspector General of 
an entity of the Federal Government 
of an employee not employed by the 
office of that Inspector General; 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— 
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(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: 
‘‘(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— 
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‘‘(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; 
‘‘(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 
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‘‘(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 
‘‘(3) respond to any request for information, 
documents, or testimony from either House of Con-
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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 
‘‘(2) specifically required by Executive order to 
be kept secret in the interest of national defense or 
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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.’’. 
SEC. 3. ENHANCEMENT OF WHISTLEBLOWER PROTEC-
TIONS. 
(a) DISCLOSURES RELATING TO OFFICERS OR EM-
PLOYEES OF AN OFFICE OF INSPECTOR GENERAL.—Sec-
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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-
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) 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),’’ 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 
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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.’’. 
(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.—Section 1221(i) of title 5, United States 
Code, is amended— 
(A) by striking ‘‘(i) Subsections’’ and in-
serting ‘‘(i)(1) Subsections’’; and 
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(B) by adding at the end the following: 
‘‘(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-
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’. 
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‘‘(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 
‘‘(ii) may award any relief which the court con-
siders appropriate, including any relief described in 
subsection (g).’’. 
(c) 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’’. 
(d) ATTORNEY FEES.—Section 7703(a) of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(3) If an employee, former employee, or appli-
cant for employment is the prevailing party under 
an appeal under this section, the employee, former 
employee, or applicant for employment shall be enti-
tled to attorney fees for all representation carried 
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