Whistleblower Protection Improvement Act of 2021
Latest action. Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Passed House" stage on September 15, 2022. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on September 19, 2022: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 117th Congress (2021-22), 362 of the 15,242 bills and joint resolutions introduced became law, about 2.4 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
CAROLYN MALONEY (D-NY) introduced it on May 4, 2021, and 29 members have since signed on as cosponsors.
They come from both major parties: 28 Democrats, 1 Republican.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on May 4, 2021, 1955 days ago. The most recent recorded action was 1452 days ago, on September 19, 2022.
Measures do not carry over. Anything the 117th Congress has not finished by January 3, 2023 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers