Senate approves stronger whistleblower protections
President Bush has said he would veto the measure, but it has very strong support in both houses of Congress.
The Senate this week unanimously approved legislation that would strengthen protections for federal employees who disclose government waste, fraud or threats to public safety.
The bill (S. 274), introduced by Sens. Daniel Akaka, D-Hawaii, and Susan Collins, R-Maine, seeks to reform the 1989 Whistleblower Protection Act, which has been weakened since 1994 by a series of rulings from the U.S. Federal Circuit Court that have made it nearly impossible for employees to qualify for protection under the law.
"If federal employees fear reprisal for blowing the whistle, we not only fail to protect the whistleblower, we fail taxpayers, our national security needs and our public health," Akaka said. "Encouraging whistleblowers by protecting their rights is a necessary step in making a better America."
Senate approval of the bill follows passage of strengthened whistleblower protections in the House, which passed similar legislation in March by a 331-94 vote. The Senate's move sets the stage for the two chambers to reconcile differences and approve a final bill.
Still, President Bush has promised to veto stronger whistleblower protections, noting that expansion of such rights could increase the number of frivolous complaints and compromise national security. But a veto-proof majority in the House and unanimous consent approval in the Senate indicates that Congress could potentially override a presidential veto.
The idea behind the Senate bill is to restore what many lawmakers and whistleblower groups consider Congress' original intent in the 1989 whistleblower law by protecting federal employees who disclose wrongdoing in the performance of official duties "without restriction to time, place, form, motive or context."
Specifically, the legislation would suspend the Federal Circuit Court of Appeals' sole jurisdiction over federal whistleblower cases, permitting multicircuit review of cases for up to five years. It also would protect whistleblowers whose security clearance is revoked based on retaliation.
In addition, the bill would make permanent an anti-gag provision that has been included in the Treasury Postal Appropriations bill for the last 17 years and has guarded against agency attempts to override the Whistleblower Protection Act through prior restraint. The anti-gag law has proved particularly useful at preventing agencies from enforcing policies that bar employees from communicating directly with Congress and the public.
The Akaka-Collins legislation also would provide the Office of Special Counsel with the independent right to file friend of the court briefs in federal courts.
"I am pleased to see the Senate give federal workers the peace of mind that if they speak out, they will be protected," Collins said. "Full whistleblower protections will also help ensure that Congress and our committee have access to the information necessary to conduct proper oversight."
The Senate legislation does not contain four reforms included in the House-passed legislation, however. Those provisions would ensure jury trials for whistleblowers, coverage for FBI and intelligence whistleblowers, protections for government contractors and federal baggage screeners, and protections for government scientists who challenge the approval of dangerous medications.
The Government Accountability Project, a Washington-based watchdog group, has been lobbying to ensure the House-passed provisions are included in the final bill.
GAP Legal Director Tom Devine on Tuesday praised passage of the legislation, calling it a "Christmas present to the taxpayers."
"This was possible because of marathon commitment to public service by key Senate offices," Devine said. "Congress should act promptly to convene a conference committee and get this reform in the law books, so it can start making a difference."