TOPICS
TOPICS
Whistleblower protection bill gains Senate panel's approval
The Senate Homeland Security and Governmental Affairs Committee approved a measure Wednesday aimed at strengthening federal employee whistleblower protections.
The legislation (S. 274), approved by voice vote, would clarify language in the 1989 Whistleblower Protection Act to state that whistleblowers are protected by law for any disclosure regardless of whether it is made as part of an employee's job duties, whether it is made orally or written, and whether it is made to someone inside or outside an agency - including to members and staff of Congress with proper security clearances. The bill also states that the court should not consider the time, place, or motive of the disclosure when considering whistleblower cases.
Bill sponsor Sen. Daniel Akaka, D-Hawaii, has said that the Federal Circuit Court of Appeals has repeatedly defined whistleblower statutes too narrowly and that he believes this legislation will clarify the intent of the law. The bill would also take whistleblower cases out of the sole jurisdiction of the Federal Circuit Court of Appeals for five years.
"Strengthening whistleblower protections is not simply an employee protection issue, it is good government," Akaka said. "If federal employees fear reprisal for reporting fraud and abuse, taxpayers and national security suffer."
The bill would also protect employees against retaliatory investigations and ensure that threat of revoking whistleblowers' security clearances - essential for national security workers - would not be used as leverage to punish or discipline them.
The measure passed the Senate last year as part of the fiscal 2007 Defense Authorization Act, but was not enacted into law.
The White House has been hostile toward similar whistleblower bills for federal employees and is unlikely to be open to this one. When the House voted on legislation (H. R. 985) for whistleblowers at federal security and scientific agencies in March, the White House strongly opposed the legislation because it could compromise national security and increase frivolous complaints. That bill passed the House 331-94.
COMMENTS
- I filed a complaint charging the Postal Service with waste fraud and mismanagemet. The facilities that had bulk belt systems and container repair centers ie; the primary processing and distrobution centers,were submitting fraudulent data regarding the mail volume. Every postal rate increase that has been requested since 1989 has been requested based on fraudlent data. My complaint was submitted in 06. I have recieved no response. The American public, mass mailers in paticular, have been hoodwinked, bamboozeled, fleeced and taken to the cleaners by a bunch of self serving ingrates. Pre-paid mail is run through the system until the desired mail volume numbers are achived the it is delivered or if they want they can throw it away (which they often do). 30% of the mail that is processed by the Postal Service is not deliverd. They are not held accountable for delivery of this mail. No they have been given a "Forever stamp" and there is no public input regarding rate increases. Ask Senator Boxer and Congresswoman Lee for a copy of my complaint. The Postal Service is a criminal interpize! allen sanford Posted June 18, 2007 2:37 PM
- This measure has been a long time coming. The Whistleblower Protection Act has been construed too narrowly by the Office of Special Counsel, the Merit Systems Protection Board and the Federal Circuit Court of Appeals. The result - an inefficient federal government where waste, fraud and abuse become the norm and not the exception. If the White House and others are so concerned about "frivolous" suits, there are other ways to ensure that claims have some merit before reaching Federal court. I am not sure that our elected officials - or the American public - realize exactly what goes on in their Federal government. But then, perhaps, that is what this Administration wants. Chris Attig Posted June 18, 2007 9:34 AM
- For the past year I've been going through the whistleblower process under the existing system. I gullibly believed those workplace posters that tell you that you're protected if you report wrongdoing. In reality the laws are so complex and stacked against the employee that you don't stand a chance. These days it's unscrupulous federal managers and contractors that have No Fear, not employees. My advice for fellow feds is to leave your conscience at home and look the other way whenever you encounter wrong. You'll only ruin your life if you report it under the existing laws. And so a BIG thanks to Sen. Akaka, Sen. Grassley, Rep. Waxman, and all the other Democrats and Republicans that have worked so tirelessly to protect the conscience of the federal workforce. Gullible Posted June 15, 2007 2:56 AM
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