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 clause (xi) the following: (xii) for purposes of subsection (b)(8)— (I) the commencement, expansion, or extension of an investigation, but not including 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 Inspector General; and (II) a referral to an Inspector General of an entity of the Government, except for a referral that is ministerial or nondiscretionary; and. (2) Application The amendment made by paragraph (1) shall apply to any investigation commenced, expanded, or extended, or to any referral made, as described in clause (xii) of section 2302(a)(2)(A) of title 5, United States Code, as amended by that 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 subparagraph (E) of section 2302(b)(9) of title 5, United States Code, as added by that paragraph, occurring on or after the date of enactment of this Act. (c) Prohibition on disclosure of whistleblower 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 communicate or transmit to any individual who is not an officer or employee of the Government the identity of, or personally 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), unless— (A) the other employee provides express written consent before the communication or transmission of the identity or personally identifiable information of that other employee; (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 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 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 paragraph (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: 7211. Employees’ right to petition or furnish information 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 testimony to either House of Congress, any Member of Congress, or any committee or subcommittee of Congress; or (3) respond to any request for information, documents, 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 under 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 under 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 employment 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 actions, because the other officer or employee engaged in activity protected under 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 otherwise 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 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 sections 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 Congress..