H.R. 2988 · 117th Congress · House

Whistleblower Protection Improvement Act of 2021

In Congress· Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced
May 4, 21
Passed House
Sep 15, 22
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Whistleblower Protection Improvement Act of 2021

This bill establishes, modifies, and expands certain whistleblower protections for federal employees, including with respect to petitions to Congress, whistleblower identity, and protected disclosures.

For example, the bill prohibits personnel action against employees who exercise their right to petition or furnish information to Congress and specifically precludes the President, Members of Congress, members of the uniformed services, and other federal employees from interfering with this right. It also generally prohibits employees from disclosing the identity of whistleblowers to individuals outside of the government and allows the Inspector General to determine whether to investigate a referral if the referral is found to have been made in retaliation for whistleblowing activity. Employees may request corrective action from the Merit Systems Protection Board with respect to such prohibited practices and may file an action in court if the board does not render a final decision within 180 days of a request.

The bill also expands the list of recipients to whom an employee may make a protected disclosure to include a supervisor in the employee's direct chain of command. It also includes personnel actions involving furloughs of more than 14 days but less than 30 days, and furloughs of 13 days or less that are not due to funding lapses, as appealable adverse actions that are subject to certain procedural requirements.

Previous Versions

07May 17, 2022

Whistleblower Protection Improvement Act of 2021

This bill establishes, modifies, and expands certain whistleblower protections for federal employees, including with respect to petitions to Congress, whistleblower identity, and protected disclosures.

For example, the bill prohibits personnel action against employees who exercise their right to petition or furnish information to Congress and specifically precludes the President, Members of Congress, members of the uniformed services, and other federal employees from interfering with this right. It also generally prohibits employees from disclosing the identity of whistleblowers to individuals outside of the government and allows the Inspector General to determine whether to investigate a referral if the referral is found to have been made in retaliation for whistleblowing activity. Employees may request corrective action from the Merit Systems Protection Board with respect to such prohibited practices and may file an action in court if the board does not render a final decision within 180 days of a request.

The bill also expands the list of recipients to whom an employee may make a protected disclosure to include a supervisor in the employee's direct chain of command. It also includes personnel actions involving furloughs of more than 14 days but less than 30 days, and furloughs of 13 days or less that are not due to funding lapses, as appealable adverse actions that are subject to certain procedural requirements.

00May 4, 2021

Whistleblower Protection Improvement Act of 2021

This bill establishes, modifies, and expands certain whistleblower protections for federal employees, including with respect to petitions to Congress, whistleblower identity, and protected disclosures.

For example, the bill prohibits personnel action against employees who exercise their right to petition or furnish information to Congress and specifically precludes the President, Members of Congress, members of the uniformed services, and other federal employees from interfering with this right. It also generally prohibits employees from disclosing the identity of whistleblowers to individuals outside of the government. Employees may request corrective action from the Merit Systems Protection Board with respect to such prohibited practices and may file an action in court if the board does not render a final decision within 180 days of a request.

The bill also expands the list of recipients to whom an employee may make a protected disclosure to include a supervisor in the employee's direct chain of command. It also includes personnel actions involving furloughs of more than 14 days but less than 30 days, and furloughs of 13 days or less that are not due to funding lapses, as appealable adverse actions that are subject to certain procedural requirements.

Action Timeline

29
  1. SEP 19, 2022IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

  2. SEP 15, 2022Floor

    Considered as unfinished business

    (consideration: CR H7860-7862)

    7860Yea
    7862Nay
    0NV
  3. SEP 15, 2022Floor

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  4. SEP 15, 2022Floor

    UNFINISHED BUSINESS - The Chair announced that the unfinished business was on agreeing to an amendment, which had been debated earlier and on which further proceedings had been postponed.

  5. SEP 15, 2022Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2988.

  6. SEP 15, 2022Floor

    The previous question was ordered pursuant to the rule.

  7. SEP 15, 2022Floor

    The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

  8. SEP 15, 2022Floor

    Passed/agreed to in House

    Roll Call #437

    On passage Passed by the Yeas and Nays: 221 - 203 (Roll no. 437).

    221Yea
    203Nay
    0NV
  9. SEP 15, 2022Floor

    On passage Passed by the Yeas and Nays

    Roll Call #437

    221 - 203 (Roll no. 437).

    221Yea
    203Nay
    0NV
  10. SEP 15, 2022Floor

    Motion to reconsider laid on the table Agreed to without objection.

  11. SEP 14, 2022Floor

    Considered under the provisions of rule H. Res. 1339. (consideration

    CR H7825-7833; text: CR H7825-7831)

    7825Yea
    7833Nay
    0NV
  12. SEP 14, 2022Floor

    Rule provides for consideration of H.R

    302, H.R. 2988 and H.R. 8326. Rule provides for one hour of general debate each for H.R. 302, H.R. 2988, and H.R. 8326. Rule also provides for one motion to recommit on each bill.

  13. SEP 14, 2022Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1339 and Rule XVIII.

  14. SEP 14, 2022Floor

    The Speaker designated the Honorable Earl Blumenauer to act as Chairman of the Committee.

  15. SEP 14, 2022Floor

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2988.

  16. SEP 14, 2022Floor

    DEBATE - Pursuant to the provisions of H

    Res. 1339, the Committee of the Whole proceeded with 20 minutes of debate on the Carolyn B. Maloney en bloc amendment.

  17. SEP 14, 2022Floor

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Carolyn B

    Maloney amendment, the Chair put the question on the amendment and by voice vote, announced that the noes had prevailed. Mrs. Maloney demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  18. SEP 14, 2022Floor

    Mrs

    Maloney, Carolyn B. moved that the committee rise.

  19. SEP 14, 2022Floor

    On motion that the committee rise Agreed to by voice vote.

  20. SEP 14, 2022Floor

    Committee of the Whole House on the state of the Union rises leaving H.R

    2988 as unfinished business.

  21. SEP 13, 2022Floor

    Rules Committee Resolution H

    Res. 1339 Reported to House. Rule provides for consideration of H.R. 302, H.R. 2988 and H.R. 8326. Rule provides for one hour of general debate each for H.R. 302, H.R. 2988, and H.R. 8326. Rule also provides for one motion to recommit on each bill.

  22. MAY 17, 2022Committee

    Reported (Amended) by the Committee on Oversight and Reform. H. Rept. 117-334.

    117Yea
    334Nay
    0NV
  23. MAY 17, 2022Committee

    Reported (Amended) by the Committee on Oversight and Reform. H. Rept. 117-334.

    117Yea
    334Nay
    0NV
  24. MAY 17, 2022Calendars

    Placed on the Union Calendar, Calendar No. 251.

  25. JUN 29, 2021Committee

    Committee Consideration and Mark-up Session Held.

  26. JUN 29, 2021Committee

    Ordered to be Reported in the Nature of a Substitute (Amended) by Voice Vote.

  27. MAY 04, 2021IntroReferral

    Introduced in House

  28. MAY 04, 2021IntroReferral

    Introduced in House

  29. MAY 04, 2021IntroReferral

    Referred to the House Committee on Oversight and Reform.

Committees

4

Homeland Security and Governmental Affairs Committee

ssga00

Referred: Sep 19, 2022

Active

Oversight and Government Reform Committee

hsgo00

Referred: May 18, 2022

Active

Oversight and Government Reform Committee

hsgo00

Referred: Jun 29, 2021

Active

Oversight and Government Reform Committee

hsgo00

Referred: May 4, 2021

Active