,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gice ,,in ,,the ,,house ,,of ,,representatives ,august #d1 #bjbj,mrs4 ,carolyn ,b4 ,maloney of ,new ,york 7for herself1 ,mr4 ,connolly1 and ,ms4 ,speier7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to modify and enhance protections for ,federal ,government whistleblowers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,whistleblower ,protection ,improvement ,act of #bjbj4 #b4 ,additional whistleblower protections 7a7 ,investigations as personnel actions 7#a7 ,in general ,section #bcjb7;a77#b77;,a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in clause 7xi71 by striking and at the end2 7,b7 by redesignating clause 7xii7 as clause 7xiii72 and 7,c7 by adding after the clause 7xi7 the following3 7xii7 the opening of any investigation as a result of a disclosure protected by subsection 7b77#h7 7but not including any investigation that is ministerial or nondiscretionary72 and 4 7#b7 ,application ,the amendment made by paragraph 7#a7 shall apply to any investigation opened 7as described under section #bcjb7;a77#b77;,a77xii7 of title #e1 ,united ,states ,code1 as added by such paragraph7 on or after the date of enactment of this ,act4 7b7 ,right to petition ,congress 7#a7 ,in general ,section #bcjb7;b77#i7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,c71 by striking or at the end2 7,b7 in subparagraph 7,d71 by adding or at the end after the semicolon2 and 7,c7 by adding at the end the following3 7,e7 the exercise of any right protected under section #gbaa2 4 7#b7 ,application ,the amendment made by paragraph 7#a7 shall apply to the exercise of any right described in section #bcjb7;b77#i77;,e7 of title #e1 ,united ,states ,code1 as added by paragraph 7#a71 occurring on or after the date of enactment of this ,act4 7c7 ,prohibition on disclosure of whistleblower identity 7#a7 ,in general ,section #bcjb of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 7#a7 ,no employee of an agency may willfully communicate or transmit to any individual who is not an officer or employee of the ,government the identity of1 or personally identifiable information about1 any other employee who has made1 or is suspected to have made1 a disclosure protected by subsection 7b77#h71 unless-- 7,a7 the other employee provides express written consent prior to the communication or transmission2 7,b7 the communication or transmission is made in accordance with the provisions of section #eeb;a2 7,c7 the communication or transmission is made to a lawyer for the sole purpose of providing legal advice to an employee accused of whistleblower retaliation2 or 7,d7 the communication or transmission is required or permitted by any other provision of law4 7#b7 ,in this subsection1 the term officer or employee of the ,government means-- 7,a7 the ,president2 7,b7 a ,member of ,congress2 7,c7 a member of the uniformed services2 7,d7 an employee as that term is defined in section #baje1 including an employee of the ,united ,states ,postal ,service1 the ,postal ,regulatory ,commission1 or the ,department of ,veterans ,affairs 7including any employee appointed pursuant to chapter #gc or #gd of title #ch72 and 7,e7 any other officer or employee in any branch of the ,government of the ,united ,states4 4 7#b7 ,application ,the amendment made by paragraph 7#a7 shall apply to any transmission or communication described in subsection 7g7 of section #bcjb of title #e1 ,united ,states ,code1 as added by paragraph 7#a71 made on or after the date of enactment of this ,act4 7d7 ,right to petition ,congress 7#a7 ,in general ,section #gbaa of title #e1 ,united ,states ,code1 is amended to read as follows3 #gbaa4 ,employees' right to petition or furnish information or respond to ,congress 7a7 ,in general ,each officer or employee of the ,federal ,government1 individually or collectively1 has a right to-- 7#a7 petition ,congress or a ,member of ,congress2 7#b7 furnish information1 documents1 or testimony to either ,house of ,congress1 any ,member of ,congress1 or any committee or subcommittee of the ,congress2 or 7#c7 respond to any request for information1 documents1 or testimony from either ,house of ,congress or any ,committee or subcommittee of ,congress4 7b7 ,prohibited actions ,no officer or employee of the ,federal ,government may interfere with or deny the right set forth in subsection 7a71 including by-- 7#a7 prohibiting or preventing1 or attempting or threatening to prohibit or prevent1 any other officer or employee of the ,federal ,government from engaging in activity protected in subsection 7a72 or 7#b7 removing1 suspending from duty without pay1 demoting1 reducing in rank1 seniority1 status1 pay1 or performance or efficiency rating1 denying promotion to1 relocating1 reassigning1 transferring1 disciplining1 or discriminating in regard to any employment right1 entitlement1 or benefit1 or any term or condition of employment of1 any other officer or employee of the ,federal ,government or attempting or threatening to commit any of the foregoing actions protected in subsection 7a74 7c7 ,application ,this section shall not be construed to authorize disclosure of any information that is-- 7#a7 specifically prohibited from disclosure by any other provision of ,federal law2 or 7#b7 specifically required by ,executive order to be kept secret in the interest of national defense or the conduct of foreign affairs1 unless disclosure is otherwise authorized by law4 7d7 ,definition of officer or employee of the ,federal ,government ,for purposes of this section1 the term officer or employee of the ,federal ,government includes-- 7#a7 the ,president2 7#b7 a ,member of ,congress2 7#c7 a member of the uniformed services2 7#d7 an employee 7as that term is defined in section #baje72 7#e7 an employee of the ,united ,states ,postal ,service or the ,postal ,regulatory ,commission2 and 7#f7 an employee appointed under chapter #gc or #gd of title #ch4 4 7#b7 ,clerical amendment ,the table of sections for subchapter ,,ii of chapter #gb of title #e1 ,united ,states ,code1 is amended by striking the item related to section #gbaa and inserting the following3 #gbaa4 ,employees' right to petition or furnish information or respond to ,congress4 4 #c4 ,enhancement of whistleblower protections 7a7 ,disclosures relating to officers or employees of an ,office of ,inspector ,general ,section #abac7;c7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,if the information transmitted under this subsection disclosed a violation of law1 rule1 or regulation1 or gross waste1 gross mismanagement1 abuse of authority1 or a substantial and specific danger to public health or safety1 by any officer or employee of an ,office of ,inspector ,general1 the ,special ,counsel may refer the matter to the ,committee of ,inspectors ,general for ,integrity and ,efficiency1 which shall comply with the standards and procedures applicable to investigations and reports under subsection 7c74 4 7b7 ,individual right of action 7#a7 ,nondisclosure agreements2 disclosure of identity ,section #abba of title #e1 ,united ,states ,code1 is amended by striking section #bcjb7;b77#h7 or section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 or 7,d71 in each instance and inserting section #bcjb7;b77#h71 section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 section #bcjb7;b77#ac71 or section #bcjb7;g714 7#b7 ,stays ,section #abba7;c77#b7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#b7 ,any stay requested under paragraph 7#a7 shall be granted within #aj calendar days 7excluding ,saturdays1 ,sundays1 and legal holidays7 after the date the request is made1 if the ,board determines that such a stay would be appropriate4 ,if the stay request is denied1 the employee1 former employee1 or applicant may1 within #g days after receiving notice of the denial1 file an appeal for expedited review by the ,board4 ,the agency shall have #g days thereafter to respond4 ,the ,board shall provide a decision not later than #ba days after receiving the appeal4 ,during the period of appeal1 both parties may supplement the record with information unavailable to them at the time the stay was first requested4 4 7#c7 ,access to district court2 jury trials ,section #abba7;i7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking 7i7 ,subsections and inserting 7i77#a7 ,subsections2 and 7,b7 by adding at the end the following3 7#b7 7,a7 ,if1 in the case of an employee1 former employee1 or applicant for employment who seeks corrective action from the ,merit ,systems ,protection ,board based on an alleged prohibited personnel practice described in section #bcjb7;b77#h71 section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 section #bcjb7;b77#ac71 or section #bcjb7;g71 no final order or decision is issued by the ,board within #ahj days after the date on which a request for such corrective action has been duly submitted to the ,board1 such employee1 former employee1 or applicant may1 after providing written notice to the ,special ,counsel and the ,board and only within #bj days after providing such notice1 bring an action for review de novo before the appropriate ,united ,states district court1 and such action shall1 at the request of either party to such action1 be tried before a jury4 ,upon filing of an action with the appropriate ,united ,states district court1 any proceedings before the ,board shall cease and the employee1 former employee1 or applicant for employment waives any right to refile with the ,board4 7,b7 ,if the ,board certifies 7in writing7 to the parties of a case that the complexity of such case requires a longer period of review1 subparagraph 7,a7 shall be applied by substituting #bdj days for #ahj days4 7,c7 ,in any such action brought before a ,united ,states district court under subparagraph 7,a71 the court-- 7i7 shall apply the standards set forth in subsection 7e72 and 7ii7 may award any relief which the court considers appropriate1 including any relief described in subsection 7g74 4 7c7 ,recipients of whistleblower disclosures ,section #bcjb7;b77#h77;,b7 of title #e1 ,united ,states ,code1 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 agency1 a supervisor in the employee's direct chain of command up to and including the head of the employing agency1 or to an employee designated by any of the aforementioned individuals for the purpose of receiving such disclosures4 7d7 ,attorney fees ,section #ggjc7;a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,if an employee1 former employee1 or applicant for employment is the prevailing party under an appeal under this section1 the employee1 former employee1 or applicant for employment shall be entitled to attorney fees for all representation carried out pursuant to this section4 ,in such an action for attorney fees1 the agency responsible for taking the personnel action shall be the respondent and shall be responsible for paying the fees4 4 7e7 ,extending ,whistleblower ,protection ,act to certain employees ,section #bcjb7;a77#b77;,a7 of title #e1 ,united ,states ,code1 is amended in the matter following clause 7xiii7-- 7#a7 by inserting subsection 7b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 subsection 7b77#ac71 or subsection 7g71 after subsection 7b77#h712 and 7#b7 by inserting after title #ca the following3 1 a commissioned officer or applicant for employment in the ,public ,health ,service1 and a noncareer appointee in the ,senior ,executive ,service4 7f7 ,relief ,section #ggja7;b77#b77;,a7 of title #e1 ,united ,states ,code1 is amended by striking upon the making of the decision and inserting upon making of the decision1 necessary to make the employee whole as if there had been no prohibited personnel practice1 including training1 seniority and promotions consistent with the employee's prior record14 #d4 ,classifying certain furloughs as adverse personnel actions 7a7 ,in general ,section #geab of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by striking and at the end2 and 7#b7 by striking paragraph 7#e7 and inserting the following3 7#e7 a furlough of more than #ad days but less than #cj days2 and 7#f7 a furlough of #ac days or less that is not due to a lapse in appropriations2 4 7b7 ,application ,the amendment made by subsection 7a7 shall apply to any furlough covered by such section #geab7e7 or 7#f7 7as amended by such subsection7 occurring on or after the date of enactment of this ,act4 #e4 ,codification of protections for disclosures of censorship related to research1 analysis1 or technical information 7a7 ,in general ,section #bcjb of title #e1 ,united ,states ,code1 as amended by section #b7;c77#a71 is further amended by adding at the end the following3 7h7 7#a7 ,in this subsection-- 7,a7 the term applicant means an applicant for a covered position2 7,b7 the term censorship related to research1 analysis1 or technical information means any effort to distort1 misrepresent1 or suppress research1 analysis1 or technical information2 and 7,c7 the term employee means an employee in a covered position in an agency4 7#b7 7,a7 ,any disclosure of information by an employee or applicant for employment that the employee or applicant reasonably believes is evidence of censorship related to research1 analysis1 or technical information-- 7i7 shall come within the protections of subsection 7b77#h77;,a7 if-- 7,i7 the employee or applicant reasonably believes that the censorship related to research1 analysis1 or technical information is or will cause-- 7aa7 any violation of law1 rule1 or regulation2 or 7bb7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety2 and 7,,ii7 such disclosure is not specifically prohibited by law or such information is not specifically required by ,executive order to be kept classified in the interest of national defense or the conduct of foreign affairs2 and 7ii7 shall come within the protections of subsection 7b77#h77;,b7 if-- 7,i7 the employee or applicant reasonably believes that the censorship related to research1 analysis1 or technical information is or will cause-- 7aa7 any violation of law1 rule1 or regulation2 or 7bb7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety2 and 7,,ii7 the disclosure is made to the ,special ,counsel1 or to the ,inspector ,general of an agency or another person designated by the head of the agency to receive such disclosures1 consistent with the protection of sources and methods4 7#c7 ,a disclosure shall not be excluded from paragraph 7#b7 for any reason described under subsection 7f77#a7 or 7#b74 7#d7 ,nothing in this subsection shall be construed to imply any limitation on the protections of employees and applicants afforded by any other provision of law1 including protections with respect to any disclosure of information believed to be evidence of censorship related to research1 analysis1 or technical information4 4 7b7 ,repeal 7#a7 ,in general ,section #aaj of the ,whistleblower ,protection ,enhancement ,act of #bjab 7,public ,law #aab-aii7 is hereby repealed4 7#b7 ,rule of construction ,nothing in this section shall be construed to limit or otherwise affect any action under such section #aaj commenced before the date of enactment of this ,act or any protections afforded by such section with respect to such action4 #f4 ,technical and conforming amendments ,title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #abab7;h71 by striking or 7#i7 in each instance and inserting 1 7b77#i71 7b77#ac71 or 7g72 7#b7 in section #abad7;a7-- 7,a7 by striking section #bcjb7;b77#h7 or section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 or 7,d7 in each instance and inserting section #bcjb7;b77#h71 section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 section #bcjb7;b77#ac71 or section #bcjb7;g72 and 7,b7 in subsection 7i71 by striking section #bcjb7;b77#h7 or subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of section #bcjb7;b77#i7 and inserting section #bcjb7;b77#h71 subparagraph 7,a77i71 7,b71 7,c71 7,d71 or 7,e7 of section #bcjb7;b77#i71 section #bcjb7;b77#ac71 or section #bcjb7;g72 7#c7 in section #abae1 by striking section #bcjb7;b77#h71 or #bcjb7;b77#i77;,a77i71 7,b71 7,c71 or 7,d7 in each instance and inserting section #bcjb7;b77#h71 section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 section #bcjb7;b77#ac71 or section #bcjb7;g72 7#d7 in section #bcjb-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by inserting or 7g7 after subsection 7b72 and 7ii7 in paragraph 7#b77;,c77i71 by striking subsection 7b77#h7 or section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 or 7,d7 and inserting section #bcjb7;b77#h71 section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 section #bcjb7;b77#ac71 or section #bcjb7;g72 and 7,b7 in subsection 7c77#a77;,b71 by striking paragraph 7#h7 or subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of paragraph 7#i7 of subsection 7b7 and inserting paragraph 7#h71 subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of paragraph 7#i71 or paragraph 7#ac7 of subsection 7b7 or subsection 7g72 7#e7 in section #geae7;a77#b71 by striking paragraph 7#h71 7#i71 or 7#ad7 of section #bcjb7;b7 and inserting paragraph 7#h71 7#i71 7#ac71 or 7#ad7 of section #bcjb7;b7 or section #bcjb7;g72 7#f7 in section #ggja7;c77#b77;,b71 by inserting or section #bcjb7;g7 after section #bcjb7;b72 and 7#g7 in section #ggjc7;b77#a77;,b71 by striking section #bcjb7;b77#h71 or #bcjb7;b77#i77;,a77i71 7,b71 7,c71 or 7,d7 in each instance and inserting section #bcjb7;b77#h71 section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 section #bcjb7;b77#ac71 or section #bcjb7;g74