Bill Overview
Title: Whistleblower Protection Improvement Act of 2021
Description: 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.
Sponsors: Rep. Maloney, Carolyn B. [D-NY-12]
Target Audience
Population: Federal employees potentially benefitted by expanded whistleblower protections
Estimated Size: 2200000
- The bill specifically targets federal employees, providing them with additional protections and rights.
- Protections include safety from retaliation when the employees engage in whistleblowing activities.
- It mentions the prohibition of personnel action against employees, suggesting that all such employees could potentially benefit and thus are part of the target population.
- Given the structure and size of the US federal workforce, the global number is aligned with this demographic size.
Reasoning
- The Whistleblower Protection Improvement Act primarily impacts federal employees, specifically those who might engage in whistleblowing activities.
- Some federal employees may not be directly affected if they have no intention to engage in whistleblowing activities.
- There is a limited budget for implementation, which suggests careful consideration of how funds are allocated to protect and ensure the rights of whistleblowers.
- The policy's impact will largely depend on individual perspectives, awareness, and the degree to which federal employees are exposed to situations that would necessitate whistleblowing.
Simulated Interviews
Federal Employee (Washington, D.C.)
Age: 45 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 8/20
Statement of Opinion:
- I feel more secure knowing that I have better legal protections if I need to report misconduct.
- It's reassuring to know that my identity will be protected more stringently under the new rules.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 7 | 5 |
| Year 20 | 6 | 4 |
Federal IT Specialist (San Francisco, CA)
Age: 34 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 0.0 years
Commonness: 12/20
Statement of Opinion:
- I think it's a good law, but it doesn't really impact me personally.
- I haven't witnessed any issues that would require whistleblowing, so this doesn't change my situation.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 8 | 8 |
| Year 10 | 7 | 7 |
| Year 20 | 6 | 6 |
Retired Federal Worker (Chicago, IL)
Age: 60 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 0.0 years
Commonness: 15/20
Statement of Opinion:
- As a retiree, these changes don't affect me, but I think it's a good direction for federal employees.
- I respect the emphasis on privacy and fairness for current workers.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 5 | 5 |
| Year 3 | 5 | 5 |
| Year 5 | 5 | 5 |
| Year 10 | 5 | 5 |
| Year 20 | 5 | 5 |
Federal Analyst (New York, NY)
Age: 29 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 10/20
Statement of Opinion:
- These protections make me feel safer about the possibility of future accountability issues.
- It's an important step towards maintaining transparency in government roles.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 7 | 6 |
| Year 20 | 6 | 5 |
Federal Healthcare Employee (Houston, TX)
Age: 41 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 9/20
Statement of Opinion:
- The act gives me more confidence to report any issues that arise, knowing I am protected.
- Previously, the fear of having my identity exposed was high. This change is significant for my role.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 7 | 5 |
| Year 20 | 6 | 4 |
Federal Auditor (Los Angeles, CA)
Age: 53 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 7/20
Statement of Opinion:
- This policy provides important protective measures for people in my line of work.
- I've had to make tough decisions before, and knowing there's less personal risk now is reassuring.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 6 | 4 |
| Year 20 | 5 | 3 |
Federal Researcher (Seattle, WA)
Age: 38 | Gender: other
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 8/20
Statement of Opinion:
- These updated protections are a positive move for maintaining ethical standards in research.
- It's comforting to know that there are formal channels that back up integrity in federal roles.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 7 | 5 |
| Year 20 | 6 | 5 |
Federal Administrative Staff (Miami, FL)
Age: 49 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 2.0 years
Commonness: 12/20
Statement of Opinion:
- The change seems important, but it doesn't directly influence my day-to-day activities.
- It's good to know these protections are there if they are ever needed.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 7 | 6 |
| Year 20 | 6 | 6 |
Senior Federal Policy Advisor (Boston, MA)
Age: 52 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 6/20
Statement of Opinion:
- In my position, discretion and protection are key, making this act a significant development.
- It presents a security blanket for those of us who may need to report without the fear of immediate reprisal.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 7 | 5 |
| Year 20 | 6 | 4 |
Federal Human Resources Specialist (Atlanta, GA)
Age: 27 | Gender: other
Wellbeing Before Policy: 7
Duration of Impact: 0.5 years
Commonness: 12/20
Statement of Opinion:
- I believe it boosts the morale overall, knowing employees have these options.
- Even if I'm not directly impacted, I feel this could indirectly contribute to a better workplace environment.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 7 | 6 |
| Year 20 | 6 | 5 |
Cost Estimates
Year 1: $150000000 (Low: $100000000, High: $200000000)
Year 2: $155000000 (Low: $105000000, High: $205000000)
Year 3: $160000000 (Low: $110000000, High: $210000000)
Year 5: $170000000 (Low: $115000000, High: $220000000)
Year 10: $200000000 (Low: $130000000, High: $260000000)
Year 100: $300000000 (Low: $190000000, High: $400000000)
Key Considerations
- The implementation of this bill will need an increase in resource allocation for oversight and legal proceedings.
- Potential legal challenges regarding disclosures and whistleblower protections could arise.
- The psychological and moral effect on federal employees having whistleblower protections could influence workplace dynamics significantly.
- Inter-agency compliance and adapting processes to align with these new standards would require substantial administrative effort.