Enhancing Protections for Whistleblower Anonymity Act
This bill establishes a new criminal offense related to the disclosure of a whistle-blower's identity.Specifically, the bill prohibits a federal employee or contractor from disclosing the identity of a whistle-blower or identifying information about a whistle-blower. A violator is subject to criminal penalties—a fine, a prison term of up to one year, or both.
Additionally, the bill authorizes a whistle-blower to file a civil suit against a federal employee or contractor who discloses or threatens to disclose the whistle-blower's identify.
The bill includes exceptions for disclosures that are made to other government employees and permitted under current law.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7185 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7185
To amend title 18, United States Code, to make the disclosure of the
identity of a whistleblower a criminal offense, to provide a civil
right of action for the disclosure of the identity of a whistleblower,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2020
Mr. Swalwell of California introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to make the disclosure of the
identity of a whistleblower a criminal offense, to provide a civil
right of action for the disclosure of the identity of a whistleblower,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Protections for
Whistleblower Anonymity Act''.
SEC. 2. CRIMINAL PENALTY FOR THE DISCLOSURE OF THE IDENTITY OF A
WHISTLEBLOWER.
(a) In General.--Chapter 88 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 1802. Disclosure of whistleblower identity
``(a) In General.--Except under the circumstances described in
subsection (b), whoever, being an employee of the Federal Government or
contractor of the Federal Government, knowingly makes a prohibited
disclosure shall be fined under this title, imprisoned not more than 1
year, or both.
``(b) Exceptions.--The circumstances described in this subsection
are the following:
``(1) The prohibited disclosure--
``(A) is made to--
``(i) an employee of the Federal
Government;
``(ii) an employee of a State government;
or
``(iii) an employee of a local government;
and
``(B) is expressly permitted by any other law.
``(2) The whistleblower provides written consent before the
prohibited disclosure is made.
``(c) Applicability.--Subsection (a) shall only apply to a
prohibited disclosure that is made after the date of enactment of this
section.
``(d) Definitions.--In this section:
``(1) Employee of the federal government.--The term
`employee of the Federal Government' means an officer or
employee of the United States Government, including--
``(A) a member of the uniformed service;
``(B) a Member of Congress; and
``(C) the President of the United States.
``(2) Member of congress.--The term `Member of Congress'
has the meaning given such term in section 2106 of title 5.
``(3) Prohibited disclosure.--The term `prohibited
disclosure' means a formal or informal communication or
transmission of--
``(A) the identity of a whistleblower; or
``(B) identifying information relating to a
whistleblower.
``(4) Whistleblower.--The term `whistleblower' means each
of the following:
``(A) An employee, former employee, or applicant
for employment (as such terms are used in section
1213(a) of title 5) who makes a disclosure that is
described in paragraph (1) or (2) of such section.
``(B) An employee of an agency or applicant for
employment at an agency (as such terms are used in
section 2302(b)(8)(C) of title 5) who makes a
disclosure as described in such section.
``(C) A former employee of the Federal Government
who makes a disclosure to Congress of information
described in section 2302(b)(8)(C) of title 5.
``(D) An employee that makes a complaint or
otherwise provides information to the Inspector General
(as the terms `employee' and `Inspector General' are
used in the Inspector General Act of 1978 (5 U.S.C.
App.)) pursuant to the requirements of section 7 of
such Act.
``(E) A member of the armed forces that--
``(i) complains of or discloses
information; and
``(ii) is protected against retaliation for
such actions under section 1034 of title 10.
``(F) An employee (as the term `employee' is used
in section 103H of the National Security Act of 1947
(50 U.S.C. 3033)) who the Inspector General of the
Intelligence Community may not disclose the identity of
pursuant to the requirements of section 103H(g)(3)(A)
of such Act (50 U.S.C. 3033(g)(3)(A)).
``(G) An employee (as the term `employee' is used
in section 4712(a)(3)(A) of title 41) who is deemed to
have made a disclosure under such section.
``(H) A individual not otherwise covered by
subparagraphs (A) through (F) who--
``(i) is protected by law to make a
disclosure of--
``(I) a violation of law or
regulation; or
``(II) gross mismanagement, gross
waste of funds, abuse of authority, or
a substantial and specific danger to
public health or the safety of a
Federal entity;
``(ii) makes such a disclosure;
``(iii) is not prohibited by law to make
such a disclosure; and
``(iv) is not disclosing information that
is determined pursuant to Executive Order No.
13526 (75 Fed. Reg. 707; relating to classified
national security information), or a successor
order, or the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.) to require protection
against unauthorized disclosure.''.
(b) Clerical Amendment.--The table of sections for chapter 88 of
title 18, United States Code, is amended by adding at the end the
following new item:
``1802. Disclosure of whistleblower identity.''.
SEC. 3. CIVIL RIGHT OF ACTION AGAINST DISCLOSURE OF WHISTLEBLOWER
IDENTITY.
(a) Prohibited Disclosure.--A whistleblower may bring a civil
action before the appropriate district court--
(1) for appropriate relief, including injunctive relief,
compensatory damages, and punitive damages, against any
employee of the Federal Government or contractor of the Federal
Government who makes a prohibited disclosure, with respect to
such whistleblower; or
(2) for injunctive relief against any employee of the
Federal Government or contractor of the Federal Government who
threatens to make a prohibited disclosure, with respect to such
whistleblower.
(b) Jury Trial.--A party to an action brought under subsection (a)
shall be entitled to trial by jury.
(c) Definitions.--In this section, the terms ``employee of the
Federal Government'', ``prohibited disclosure'', and ``whistleblower''
have the meanings given such terms in section 1802(d) of title 18,
United States Code, as added by this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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