[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4438 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4438

To amend title 5, United States Code, to protect Federal employees from 
   retaliation for the lawful use of Federal records, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2020

   Mr. Leahy introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to protect Federal employees from 
   retaliation for the lawful use of Federal records, 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 ``Federal Employee Access to 
Information Act''.

SEC. 2. PROTECTIONS AGAINST RETALIATION FOR LAWFUL USE OF FEDERAL 
              RECORDS BY FEDERAL EMPLOYEES.

    (a) Protection Against Retaliation.--Section 2302(b)(9) of title 5, 
United States Code, is amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) in subparagraph (D), by inserting ``or'' after the 
        semicolon; and
            (3) by adding at the end the following:
                    ``(E) the employee or applicant for employment--
                            ``(i) making a request for information 
                        pursuant to section 552 (commonly referred to 
                        as the `Freedom of Information Act') or 
                        subsection (d) of section 552a (commonly 
                        referred to as the `Privacy Act of 1974'); or
                            ``(ii) pursuing any administrative or 
                        judicial action with respect to such request, 
                        including seeking assistance or to engage in 
                        dispute resolution, as described in section 
                        552.''.
    (b) Conforming Amendments.--
            (1) Title 5.--Sections 1214, 1215(a)(3)(B), 1221, 2302, and 
        7703 of title 5, United States Code, are amended by striking 
        ``or (D)'' in each instance and inserting ``(D), or (E)''.
            (2) Whistleblower protection enhancement act of 2012.--
        Section 116(b)(1)(A) of the Whistleblower Protection 
        Enhancement Act of 2012 (31 U.S.C. 1116 note) is amended by 
        striking ``or (D)'' and inserting ``(D), or (E)''.
                                 <all>